ILLINOIS POLLUTION CONTROL BOARD

M

EETING MINUTES

ANNOUNCEMENTS

Chairman Girard welcomed members of the public and staff.

ROLL CALL

The Clerk of the Board, by her designee Connie Newman called the roll. All Board Members

answered present.

APPROVAL OF MINUTES

Minutes of the February 15, 2007 meeting were approved by a vote of 4-0.

RULEMAKINGS

R06-21

In the Matter of: Organic Material Emissions Standards and

Limitations for the Chicago and Metro-East Areas: Proposed

Amendments to 35 Adm. Code 218 and 219 - The Board adopted a

second notice opinion and order in this rulemaking to amend the

Board’s air pollution regulations.

4-0

R, Air

R06-26

In the Matter of: Proposed New Clean Air Interstate Rule (CAIR)

R, Air

SO

2

, NO

x

Annual and NO

x

Ozone Season Trading Programs, 35 Ill.

Adm. Code 225, Subparts A, C, D and E – No action taken.

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ADMINISTRATIVE CITATIONS

AC 05-47

IEPA v. Stacy Hess – The Board entered an interim opinion and

order finding respondent violated Sections 21(p)(1), (3) and (7) of

the Act (415 ILCS 5/21(p)(1), (3) and (7) (2004)) and assessing a

penalty of $4,500. The Board ordered the Clerk of the Board and

the Environmental Protection Agency to file, on or before March

22, 2007, a statement of hearing costs, supported by affidavit, with

service on respondent. Respondent may respond to the cost

statement within 14 days of service.

4-0

AC 06-32

County of Jackson v. David Skidmore – The Board entered an

interim opinion and order finding respondent violated Sections

21(p)(1), (3) and (7) of the Act (415 ILCS 5/21(p)(1), (3) and (7)

(2004)) and assessing a penalty of $4,500. The Board ordered the

Clerk of the Board and the Environmental Protection Agency to

file, on or before March 22, 2007, a statement of hearing costs,

supported by affidavit, with service on respondent. Respondent

may respond to the cost statement within 14 days of service.

4-0

AC 07-29

IEPA v. Gere Properties, Inc., Perry Ridge Landfill, Inc., and Mike

Whitlock – The Board granted the Illinois Environmental

Protection Agency’s motion to dismiss the administrative citation

as to Gere Properties and Perry Ridge. The Board found that Mike

Whitlock violated Section 21(p)(1) of the Environmental Protection

Act (415 ILCS 5/21(p)(1) (2004)) in this Perry County

administrative citation, and ordered respondent to pay a civil

penalty of $1,500

.

4-0

AC 07-43

County of Jackson v. Bob Osinga – The Board accepted an

administrative citation against this Jackson County respondent.

AC 07-44

IEPA v. Harold Tomlinson, Larry Tomlinson and Jerry Tomlinson

– The Board accepted an administrative citation against these

Marshall County respondents.

2

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AC 07-45

County of LaSalle v. Wayne and Becky Foster - The Board

accepted an administrative citation against these LaSalle County

respondents.

ADJUDICATORY CASES

Decisions

PCB 07-3

People of the State of Illinois v. East Lynn Community Water

System, Inc. – In this water enforcement action concerning a

Vermilion County facility, the Board granted relief from the

hearing requirement of Section 31(c)(1) of the Environmental

Protection Act (415 ILCS 5/31(c)(1) (2004)), accepted a stipulation

and settlement agreement, and ordered the respondent to pay a total

civil penalty of $200, and to cease and desist from further

violations.

4-0

W-E

PCB 07-29

People of the State of Illinois v. Pinnacle Genetics, L.L.C. and

Professional Swine Management, L.L.C. – In this air and water

enforcement action concerning a Macomb County facility, the

Board granted relief from the hearing requirement of Section

31(c)(1) of the Environmental Protection Act (415 ILCS 5/31(c)(1)

(2004)), accepted a stipulation and settlement agreement, and

ordered the respondent to pay a total civil penalty of $27,000, and

to cease and desist from further violations. The respondents must

also perform three supplemental environmental projects at a cost of

$11,000 plus annual maintenance costs of approximately $1,500 to

$2,000.

4-0

W-E

.

3

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Motions and Other Matters

PCB 00-104

People of the State of Illinois v. The Highlands, L.L.C. and Murphy

Farms, Inc., a/k/a Murphy Family Farms, and Bion Technologies,

Inc. – The Board granted complainant’s motion to conform the

second paragraph of the Board’s January 26, 2007 order to the

stipulation between the complainant and Highlands, L.L.C. The

Board ordered the respondent to pay the $9,000.00 civil penalty in

two equal and staggered installments, rather than in one installment

by thirty days from the date of the Board’s final opinion and order.

4-0

A-E

PCB 03-191

People of the State of Illinois v. Community Landfill Company,

Inc. and the City of Morris – No action taken.

L-E

PCB 04-31

PCB 05-43

(cons.)

Broadus Oil v. IEPA – The Board denied petitioner’s motion for

reconsideration of the Board’s December 21, 2006 opinion and

order granting summary judgment to the Illinois Environmental

Protection Agency and affirming its denial of various budget

amendments for corrective actions at petitioner’s leaking

underground storage tank site

4-0

UST

Appeal

PCB 05-193

Vernon and Elaine Zohfeld v. Bob Drake, Wabash Valley Service

Company, Michael J. Pfister, Doah D. Horton, and Steve Kinder –

No action taken.

A-E

PCB 05-212

John and Linda Maracic v. TNT Logistics North America Inc. – No

action taken.

N-E

PCB 05-213

Vincent and Jennifer Neri v. TNT Logistics North America Inc. –

No action taken.

N-E

PCB 05-216

Wayne Haser v. TNT Logistics North America Inc. – No action

taken.

N-E

PCB 05-217

Ken Blouin v. TNT Logistics North America Inc. – No action

taken.

N-E

4

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PCB 06-52

Knapp Oil Company, Don’s 66 v. IEPA – No action taken.

UST

Appeal

PCB 06-53

C&F Packing Company, Inc. v. IEPA and Lake County – The

Board granted this Lake County facility’s motion for voluntary

dismissal of this variance petition.

4-0

W-V

PCB 06-171

American Bottom Conservancy v. IEPA and United States Steel

Corporation - Granite City Works – No action taken.

P-A,

NPDES

PCB 06-184

Peoria Disposal Company v. Peoria County Board – The Board

granted petitioner’s motion to file a post-hearing brief in excess of

50 pages.

4-0

P-C-F-S-R

PCB 07-16

People of the State of Illinois v. CSX Transportation, Inc. – No

action taken.

W-E

PCB 07-17

Dale L. Stanhibel v. Tom Halat d/b/a Tom’s Vegetable Market –

The Board denied respondent’s motion to dismiss based on a

claimed affirmative defense, and also finding that the complaint is

not duplicative or frivolous. The Board directed respondent to

answer the complaint on or before April 30, 2007.

4-0

Citizens

A&N – E

PCB 07-27

PCB 07-48

Village of Wilmette v. IEPA – No action taken.

UST

Appeal

PCB 07-34

Knapp Oil Company, Inc. (Metropolis) v. IEPA – Having

previously granted a request for a 90-day extension, the Board

dismissed this matter because no underground storage tank appeal

was filed on behalf of this facility in Massac County.

4-0

UST

Appeal

PCB 07-38

City of Joliet v. IEPA – Having previously granted a request for a

90-day extension, the Board dismissed this matter because no

permit appeal was filed on behalf of this facility in Will County.

4-0

P-A, Water

5

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PCB 07-44

Indian Creek Development Company individually as beneficiary

under Trust 3291 of the Chicago Title and Trust Company dated

December 15, 1981 and the Chicago Title and Trust Company, as

trustee under trust 3291 dated December 15, 1981 v. The

Burlington Northern Santa Fe Railway Company – No action

taken.

L&W-E

PCB 07-71

Lone Star Industries, Inc. v. IEPA – The Board granted this LaSalle

County petitioner’s motion to stay the effectiveness of three

contested permit conditions.

4-0

P-A, Air

PCB 07-77

Dynegy Midwest Generation, Inc. Baldwin Energy Complex

(Property Identification Number 09-012-003-00) v. IEPA – Upon

receipt of the Illinois Environmental Protection Agency’s

recommendation, the Board found and certified that specified

facilities of Dynegy Midwest Generation, Inc., located in Randolph

County, are pollution control facilities for the purpose of

preferential tax treatment under the Property Tax Code (35 ILCS

200/11-10 (2004)).

4-0

Water

PCB 07-78

Dynegy Midwest Generation, Inc. Havana Power Station (Property

Identification Number 09-11-400-001) v. IEPA – Upon receipt of

the Illinois Environmental Protection Agency’s recommendation,

the Board found and certified that specified facilities of Dynegy

Midwest Generation, Inc., located in Mason County, are pollution

control facilities for the purpose of preferential tax treatment under

the Property Tax Code (35 ILCS 200/11-10 (2004)).

4-0

Water

PCB 07-79

North American Lighting, Inc. v. IEPA – The Board accepted for

hearing this permit appeal involving an Edgar County facility.

4-0

P-A, Air

PCB 07-80

Russ Taylor v. IEPA – The Board granted this request for a 90-day

extension of time to file an underground storage tank appeal on

behalf of this Champaign County facility.

4-0

UST

Appeal

90-Day

Ext.

6

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CASES PENDING DECISION

R06-26

In the Matter of: Proposed New Clean Air Interstate Rule (CAIR)

SO

2

, NO

x

Annual and NO

x

Ozone Season Trading Programs, 35 Ill.

Adm. Code 225, Subparts A, C, D and E – Proposed Rule, First

Notice, Opinion and Order

R, Air

AC 05-47

IEPA v. Stacy Hess – Interim Opinion and Order

PCB 04-88

Des Plaines River Watershed Alliance, Livable Communities

Alliance, Prairie Rivers Network, and Sierra Club v. IEPA and

Village of New Lenox

P-A,

NPDES

OTHER ITEMS

The Board granted the Chairman’s motion for approval of minutes

from the following closed deliberative sessions held under Section

2(c)(4) of the Open Meetings Act, 5 ILCS (120/2(c)(4):

December 14, 2006 4-0

December 28, 2006 4-0

January 11, as reconvened January 18, 2007 3-0, Moore abstained

February 8, 2007 3-0, Johnston abstained

February 22, 2007 4-0

The Board granted the Chairman’s motion for approval of minutes

of January 30, 2007 meeting closed under Section 2(c)(1) of the

Open Meetings Act, 5 ILCS 120/2(c)(1), held January 30, 2007

4-0

7

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ADJOURNMENT

Moved and seconded, by a vote of 4-0, Chairman Girard adjourned the meeting at 11:28

a.m.

I, Dorothy M. Gunn, Clerk, of the Illinois Pollution Control Board, certify that the Board

approved the above minutes on March 15, 2007, by a vote of.

Dorothy M. Gunn, Clerk

Illinois Pollution Control Board

8