ILLINOIS POLLUTION CONTROL BOARD

M

EETING MINUTES

ANNOUNCEMENTS

Chairman Girard welcomed members of the public and staff.

ROLL CALL

The Clerk of the Board called the roll. All Board Members answered present.

APPROVAL OF MINUTES

The minutes of the March 1, 2007 open meeting and the March 8, 2007 closed deliberative

session were approved by a vote of 4-0.

RULEMAKINGS

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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ADJUSTED STANDARDS

AS 07-3

In the Matter of: Petition of Midwest Generation, L.L.C.,

Waukegan Generating Station for an Adjusted Standard from 35 Ill.

Adm. Code 225.230 – The Board granted petitioner’s motion to

stay proceedings pending completion 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,

R06-26.

4-0

Air

AS 07-4

In the Matter of: Petition of Midwest Generation, L.L.C., Will

County Generating Station for an Adjusted Standard from 35 Ill.

Adm. Code 225.230 – The Board granted petitioner’s motion to

stay proceedings pending completion 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,

R06-26.

4-0

Air

ADMINISTRATIVE CITATIONS

AC 05-40

IEPA v. Northern Illinois Service Company – No action taken.

AC 06-50

IEPA v. Maria Lewis Gates, Mark Gates, and Mark Kingsley Lewis

– The Board granted respondent Mark Gates’ motion in part. The

Illinois Environmental Protection Agency need not produce the

documents requested, but Gates is given until April 13, 2007 to

amend his original petition.

4-0

AC 07-31

IEPA v. Mark A. Lewis – The Board dismissed respondent’s

petition for review as untimely filed. The Board then found that

this Clay County respondent violated Section (p)(1) of the Act (415

ILCS 5/21(p)(1) (2004)), and ordered respondent to pay a civil

penalty of $1,500

.

4-0

2

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AC 07-33

IEPA v. Donald R. Langley, Perry D. Winebrinner and Bret Slater

– The Board found that these Logan County respondents violated

Section (p)(1) of the Act (415 ILCS 5/21(p)(1) (2004)), and ordered

respondents to pay a civil penalty of $1,500

.

4-0

AC 07-34

County of Jackson v. Alvin Valdez and Ruben J. Valdez – The

Board accepted as timely respondents’ petition for review of this

administrative citation involving a Union County facility. But, the

Board then directed respondents to file with in thirty days, an

amended petition stating the reasons for appeal as required by 35

Ill. Adm. Code 108.206.

4-0

AC 07-35

County of Jackson v. Gary Easton – The Board found that this

Jackson County respondent violated Section (p)(1) of the Act (415

ILCS 5/21(p)(1) (2004)). Because the Board had previously found

respondent in violation of Section 21(p)(1) (

see

County of Jackson

v. Gary Easton, AC 04-42 (Mar. 18, 2004)), the total civil penalty

assessed is $3,000.

4-0

AC 07-36

AC 07-37

AC 07-38

(not cons.)

IEPA v. Lawrence Abraham Bartolomucci – The Board accepted

respondent’s petition for review and on its own motion

consolidated these administrative citations concerning three sites in

Jefferson County for purpose of hearing.

4-0

AC 07-39

County of Jackson v. Gary Easton – The Board found that this

Jackson County respondent violated Section (p)(1) of the Act (415

ILCS 5/21(p)(1) (2004)). Because the Board had previously found

respondent in violation of Section 21(p)(1) (

see

County of Jackson

v. Gary Easton, AC 04-42 (Mar. 18, 2004)), the total civil penalty

assessed is $3,000.

4-0

AC 07-43

County of Jackson v. Bob Osinga – The Board accepted

respondent’s petition for review of this administrative citation

involving a Jackson County facility, and set the matter for hearing.

4-0

AC 07-46

IEPA v. Adolph M. Lo – The Board accepted an administrative

citation against this Champaign County respondent.

3

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ADJUDICATORY CASES

Decisions

PCB 06-79

People of the State of Illinois v. City of Gillespie – In this water

enforcement action concerning a Macoupin 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 $2,000, and to

cease and desist from further violations. The respondents must also

perform a supplemental environmental project by making a $5,000

grant to the Gillespie Soccer Association to fund a project intended

to reduce or eliminate erosion and leaching at the Little Dog Coal

Mine site now owned and operated by the soccer association.

4-0

W-E

PCB 07-73

People of the State of Illinois v. Randy Edmund d/b/a Edmund

Farms – In this water enforcement action concerning a Henry

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 $7,500, and to cease and desist from further

violations.

4-0

W-E

PCB 02-32

(cons.)

Doris Glave and Glenn Glave v. Brent Harris, Patty Harris, and

Winds Chant Kennel, Inc.; Village of Grayslake v. Winds Chant

Kennel, Inc. – The Board granted the parties’ stipulated motion to

dismiss this consolidated citizens’ enforcement action involving a

Lake County facility.

4-0

Citizens

N-E

PCB 03-191

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

Inc. and the City of Morris – The Board denied complainant’s

motion to set a hearing date or, alternatively, sever the respondents’

claims.

4-0

L-E

4

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PCB 05-191

People of the State of Illinois v. Castle Ridge Estates Incorporated

– Upon receipt of a proposed stipulation and settlement agreement

and an agreed motion to request relief from the hearing requirement

in this water enforcement action involving a Madison County

facility, the Board ordered publication of the required newspaper

notice.

4-0

W-E

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. –

The Board granted petitioners’ motion for leave to file the amended

complaint and accepted their filing of the amended complaint, but

denied their motion to add Key Logistics Solutions and Location

Finders, Inc. as respondents. The Board also granted respondent’s

motion to dismiss the original complaint and the amended

complaint.

4-0

N-E

PCB 05-213

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

The Board granted petitioners’ motion for leave to file the amended

complaint and accepted their filing of the amended complaint, but

denied their motion to add Key Logistics Solutions and Location

Finders, Inc. as respondents. The Board also granted respondent’s

motion to dismiss the original complaint and the amended

complaint.

4-0

N-E

PCB 05-216

Wayne Haser v. TNT Logistics North America Inc. – The Board

granted petitioners’ motion for leave to file the amended complaint

and accepted their filing of the amended complaint, but denied their

motion to add Key Logistics Solutions and Location Finders, Inc.

as respondents. The Board also granted respondent’s motion to

dismiss the original complaint and the amended complaint..

4-0

N-E

5

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PCB 05-217

Ken Blouin v. TNT Logistics North America Inc. – The Board

granted petitioners’ motion for leave to file the amended complaint

and accepted their filing of the amended complaint, but denied their

motion to add Key Logistics Solutions and Location Finders, Inc.

as respondents. The Board also granted respondent’s motion to

dismiss the original complaint and the amended complaint.

4-0

N-E

PCB 06-52

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

UST

Appeal

PCB 06-171

American Bottom Conservancy v. IEPA and United States Steel

Corporation - Granite City Works – No action taken.

P-A,

NPDES

PCB 07-9

K.A. Steel Chemicals Inc. v. IEPA – The Board granted this Cook

County facility’s motion for voluntary dismissal of this permit

appeal.

4-0

P-A,

NPDES

PCB 07-16

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

action taken.

W-E

PCB 07-27

Village of Wilmette v. IEPA – The Board denied petitioner’s

motion to consolidate this case with PCB 07-48. The Board took

no action on respondent’s motion for summary judgment.

4-0

UST

Appeal

PCB 07-37

People of the State of Illinois v. Village of Dorchester – Upon

receipt of a proposed stipulation and settlement agreement and an

agreed motion to request relief from the hearing requirement in this

public water supply enforcement action involving a

Macoupin County facility, the Board ordered publication of the

required newspaper notice.

4-0

PWS-E

PCB 07-39

City of Geneva v. IEPA – The Board granted this Kane County

facility’s motion for voluntary dismissal of this permit appeal.

4-0

P-A, Water

6

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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 – The Board, in

this land and water enforcement action involving a site located in

Kane County, denied respondent’s motion to dismiss, determined

that the complaint was neither duplicative nor frivolous, and

accepted the complaint for hearing.

4-0

L&W-E

PCB 07-48

Village of Wilmette v. IEPA – The Board denied petitioner’s

motion to consolidate this case with PCB 07-27.

4-0

UST

Appeal

PCB 07-81

People of the State of Illinois v. Durre Brothers Welding and

Machine Shop, Inc. – The Board accepted for hearing this water

enforcement action involving a site located in Woodford County.

4-0

W-E

PCB 07-82

Bob’s Service Center, Inc. v. IEPA – The Board accepted for

hearing this underground storage tank appeal involving a St. Clair

County facility.

4-0

UST

Appeal

PCB 07-83

People of the State of Illinois v. Edelstein Waterworks Co-Op –

The Board accepted for hearing this public water supply

enforcement action involving a site located in Peoria County.

4-0

PWS-E

ADDENDUM

PCB 07-84

American Bottom Conservancy and Sierra Club v. City of

4-0

Madison, Illinois and Waste Management of Illinois, Inc. – The

Board accepted for hearing this third-party pollution control facility

siting appeal involving a Madison County facility.

P-C-F-S-R

7

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C

R07-11

(cons.)

In the Matter of: SDWA Update, USEPA Amendments (January 1,

2006 through June 30, 2006; In the Matter of: SDWA Update,

USEPA Amendments (July 1, 2006 through December 31, 2006) –

Proposal for Public Comment, Deadline Extension Order

R, PWS

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

PCB 04-184

Midwest Generation EME, L.L.C. v. IEPA – Respondent’s

Clarification of Trade Secret Determination in Response to

November 4, 2004 Board Order (11/30?04), Petitioner’s Motion to

Strike the Clarification of the Agency’s Trade Secret Determination

(12/9/04), Respondent’s Response to Petitioner’s Motion to Strike

Clarification of the Agency’s Trade Secret Determination

(1/11/05), Petitioner’s Motion for Leave to File Reply to the

Agency’s Response to Petitioner’s Motion to Strike (1/19/05)

T-C

Appeal

OTHER ITEMS

The Board granted the Chairman’s motion to cancel the April 5,

2007 Regular Board Meeting.

4-0

ADJOURNMENT

Moved and seconded, by a vote of 4-0, Chairman Girard adjourned the meeting at 11:30

a.m.

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

approved the above minutes on April 19, 2007, by a vote of 3-0.

Dorothy M. Gunn, Clerk

Illinois Pollution Control Board

8