ILLINOIS POLLUTION CONTROL BOARD
M
EETING MINUTES
THURSDAY, APRIL 19, 2007
VILLAGE OF LIBERTYVILLE
118 W. Cook Street – Second Floor
Libertyville, Illinois
11:00 A.M.
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 except for Member
Melas who was absent.
APPROVAL OF MINUTES
The minutes of the March 15, 2007 open meeting and the March 22, 2007 and April 16, 2007
closed deliberative sessions were approved by a vote of 3-0.
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 final opinion and order in this rulemaking which amends the
Board’s air pollution regulations.
3-0
R, Air
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 – The Board adopted a
first notice opinion and order in this rulemaking to amend the
Board’s air pollution regulations. The Board granted the SIPCO
and Midwest Generation request to withdraw from the November
30, 2006 motion to dismiss the proposal, leaving Dynegy as the
sole remaining movant of the motion to dismiss. On March 13,
2007, Dynegy requested that the Board stay action on the motion to
dismiss. The Board granted the motion to stay. The Board granted
the motions to amend the proposal by; the Illinois Environmental
Protection Agency’s (Agency) November 27, 2006, by Midwest
Generation and the Agency, jointly, February 16, 2007, and
Dynegy and the Agency, jointly, March 13, 2007.
3-0
R, Air
R07-2
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) –
The Board extended the deadline for completion of rulemaking in
this consolidated docket from April 30, 2007 to August 6, 2007.
3-0
R, PWS
R07-17
In the Matter of: Amendments to the Board’s Procedural Rules and
Underground Storage Tank Regulations to Reflect P.A. 94-0274,
P.A. 94-0276, and P.A. 94-0824 (35 Ill. Adm. Code 101.202,
732.103, 732.702, 734.115, 734.710) – The Board adopted a first
notice opinion and order in this rulemaking to amend the Board’s
procedural rules and underground storage tank regulations to reflect
recent legislation.
3-0
R, Land
2
R07-18
In the Matter of: Nitrous Oxide (NOx) Emissions From Stationary
Reciprocating Internal Combustion Engines and Turbines:
Amendments to 35 Ill. Adm. Code Section 201.146, Parts 211 and
217 – The Board accepted for hearing the Illinois Environmental
Protection Agency’s (Agency) April 6, 2007 proposal filed under
the Clean Air Act fast track procedures of Section 28.5 of the
Environmental Protection Act (415 ILCS 5/28 (2004)). The Board
adopted a first notice opinion and order to amend the Board’s air
pollution control regulations, specifically to satisfy Illinois’
obligations under the Unites States Environmental Protection
Agency’s nitrogen oxides (NOx) State Implementation Plan Call
Phase II. The Board granted the Agency’s motion for waiver of
copy requirements and waived the requirement to file nine copies
of the materials. No action was taken on the separate objections to
use of the fast track procedure filed by the Pipeline Consortium and
the Illinois Environmental Regulatory Group on April 16 and 17,
2007; responses are due by May 8, 2007.
3-0
R, Air
ADJUSTED STANDARDS
AS 07-5
In the Matter of: Petition of Cabot Corporation for an Adjusted
Standard from 35 Ill. Adm. Code Part 738, Subpart B – No action
taken.
Land
ADMINISTRATIVE CITATIONS
AC 05-40
IEPA v. Northern Illinois Service Company – The Board construed
respondent’s motion to modify as a motion to stay payment of part
of the penalty and hearing cost in the January 26, 2007 Board Order
in this administrative citation involving a Winnebago County
facility. The Board granted the stay, but ordered payment of the
uncontested $1,500
.
3-0
AC 07-21
County of Macon v. Tim Walker – No action taken.
3
AC 07-32
IEPA v. Don Jose Tandy – The Board granted complainant’s
motion for dismissal of this administrative citation and closed the
docket.
3-0
AC 07-40
IEPA v. Glen I. And Elizabeth J. Suttles – The Board found that
these Morgan 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
.
3-0
AC 07-41
IEPA v. Glen I. And Elizabeth J. Suttles – The Board found that
these Morgan County respondents violated Sections (p)(1) and
(p)(3) of the Act (415 ILCS 5/21(p)(1), (p)(3) (2004)), and ordered
respondents to pay a civil penalty of $3,000
.
3-0
AC 07-42
IEPA v. Waste Management of Illinois, Inc. and CT Corporation
Systems – The Board found that these Peoria County respondents
violated Section (o)(12) of the Act (415 ILCS 5/21(o)(12) (2004)),
and ordered respondents to pay a civil penalty of $500
.
3-0
AC 07-44
IEPA v. Harold Tomlinson, Larry Tomlinson, and Jerry Tomlinson
– The Board granted complainant’s motion to dismiss Jerry
Thomlinson from this action. The Board found that the remaining
respondents violated Sections 21(p)(1), (3) and (7) of the Act (415
ILCS 5/21(p)(1), (3) and (7) (2004)), assessing a penalty of $4,500
in this administrative citation involving a Marshall
County facility.
3-0
AC 07-45
County of LaSalle v. Wayne and Becky Foster – The Board
accepted for hearing this petition for review of an administrative
citation against this LaSalle County respondent.
3-0
AC 07-46
IEPA v. Adolph M. Lo – The Board found that this Champaign
respondent violated Sections 21(p)(1), (3) and (7) of the Act (415
ILCS 5/21(p)(1), (3) and (7) (2004)) and ordered respondent to pay
a penalty of $4,500.
3-0
4
AC 07-47
County of Ogle v. Rochelle Waste Disposal, LLC and Clyde A.
Gelderloos, Chief Operator, and City of Rochelle – The Board
accepted an administrative citation against these Ogle County
respondents.
AC 07-48
IEPA v. Ben and Destiny Wyant - The Board granted
complainant’s motion for dismissal of this administrative citation
and closed the docket.
3-0
AC 07-49
IEPA v. Herman F. and Karen Meyers – The Board accepted an
administrative citation against these Massac County respondents.
AC 07-50
IEPA v. Doug Hensley and Eric & Charmin Joseph – The Board
accepted an administrative citation against these Henderson County
respondents.
AC 07-51
IEPA v. Gene Breeden – The Board accepted an administrative
citation against this Iroquois County respondent.
AC 07-52
County of LaSalle v. Mike Johnson – The Board accepted an
administrative citation against this LaSalle County respondent.
AC 07-53
IEPA v. Renee C. Lo – The Board accepted an administrative
citation against this Champaign County respondent.
5
ADJUDICATORY CASES
Decisions
PCB 04-88
Des Plaines River Watershed Alliance, Livable Communities
Alliance, Prairie Rivers Network, and Sierra Club v. IEPA and
Village of New Lenox – The Board found that, on October 31,
2003, the Illinois Environmental Protection Agency (Agency)
improperly grant an National Pollution Control Elimination System
permit to the Village of New Lenox, Will County, for a wastewater
treatment plant. The Board remanded the permit to the Agency for
additional review under the antidegradation provisions of the Board
rules.
3-0
P-A,
NPDES
PCB 05-191
People of State of Illinois v. Castle Ridge Estates – In this water
enforcement action concerning a Madison 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)), and accepted a stipulation and settlement agreement,
ordering the respondent to pay a total civil penalty of $5,000, and
to cease and desist from further violations.
3-0
W-E
PCB 07-37
People of the State of Illinois v. Village of Dorchester – In this
public water supply 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)), and accepted a stipulation and
settlement agreement, ordering the respondent to pay a total civil
penalty of $300, and to cease and desist from further violations.
3-0
PWS-E
Motions and Other Matters
PCB 99-134
People of the State of Illinois v. Peabody Coal Company – No
action taken.
W-E
6
PCB 04-185
Midwest Generation EME, L.L.C. v. IEPA – The Board granted
petitioner’s motion to strike portions of respondent’s supplemental
determination. Consistent with the Board’s November 4, 2004
order, petitioner must, within 30 days, file a pleading with the
Board responsive to respondent’s supplemental determination, as
amended by the April 19. 20007 order.
3-0
T-S
Appeal
PCB 05-30
Village of Frankfort v. IEPA – The Board granted this Will County
facility’s motion for voluntary dismissal of this permit appeal.
3-0
P-A, Water
PCB 05-93
York High Neighborhood Committee (a voluntary organization,
Janet and Fred Hodge, Patricia and David Bennett, Sheila and Mike
Trant, Joe Vosicky, Jean and Peter Conroy, Frank Soldano, Joseph
Reamer, Elizabeth and Charles Laliberte v. Elmhurst Public
Schools, District 205 – The Board found that the parties’
stipulation and proposed settlement agreement is deficient under
the Board’s procedural rules and therefore declined to accept it.
The parties have until June 4, 2007, to file an amended stipulation
and proposed settlement agreement with the Board, addressing the
deficiencies. Failure to do so may result in the case’s dismissal.
3-0
N-E
PCB 05-193
Vernon and Elaine Zohfeld v. Bob Drake, Wabash Valley Service
Company, Michael J. Pfister, Noah D. Horton, and Steve Kinder –
No action taken.
A-E
PCB 06-26
Telzrow Oil Company v. IEPA – The Board granted this Jersey
County facility’s motion for voluntary dismissal of this
underground storage tank appeal.
3-0
UST
Appeal
PCB 06-52
Knapp Oil Company, Don’s 66 v. IEPA – No action taken.
UST
Appeal
7
PCB 06-78
People of the State of Illinois v. North American Lighting, Inc. –
Upon receipt of a proposed stipulation and settlement agreement
and an agreed motion to request relief from the hearing requirement
in this air and water enforcement action involving a Clay County
facility, the Board ordered publication of the required newspaper
notice.
3-0
A&W-E
PCB 06-151
People of the State of Illinois v. Big River Zinc and Allied Waste
Transportation, Inc. d/b/a Midwest Waste – Upon receipt of a
proposed stipulation and settlement agreement and an agreed
motion to request relief from the hearing requirement in this land
enforcement action involving a St. Clair County facility, the Board
ordered publication of the required newspaper notice.
3-0
L-E
PCB 06-160
People of the State of Illinois v. Matrix National Investment Corp.
– 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 Jo Daviess County
facility, the Board ordered publication of the required newspaper
notice.
3-0
W-E
PCB 06-171
American Bottom Conservancy v. IEPA and United States Steel
Corporation – Granite City Works – No action taken.
P-A,
NPDES
PCB 06-177
People of the State of Illinois v. Sheridan Sand & Gravel Co. – No
action taken.
L-E
PCB 06-193
People of the State of Illinois v. Ron Fisher Motorsports, Inc. –
Upon receipt of a proposed stipulation and settlement agreement
and an agreed motion to request relief from the hearing requirement
in this land enforcement action involving a Washington County
facility, the Board ordered publication of the required newspaper
notice.
3-0
L-E
PCB 07-16
People of the State of Illinois v. CSX Transportation, Inc. – No
action taken.
W-E
8
PCB 07-24
Webb & Sons, Inc. v. IEPA – No action taken.
UST
Appeal
PCB 07-27
Village of Wilmette v. IEPA – No action taken.
UST
Appeal
PCB 07-41
People of the State of Illinois v. Village of Nebo – 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 Pike County facility,
the Board ordered publication of the required newspaper notice.
3-0
PWS-E
PCB 07-48
Village of Wilmette v. IEPA – No action taken.
UST
Appeal
PCB 07-54
Auburn Realty Company, Inc. 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 Christian County.
3-0
PCB 07-60
Mikuska Investments, Ltd. 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 Will County.
3-0
PCB 07-62
R.W. Sheridan Oil Company, Inc. 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 DeWitt County.
3-0
PCB 07-64
Wright Petroleum 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 Hancock County.
3-0
PCB 07-85
T-Town Drive Thru, Inc. v. IEPA – The Board accepted for hearing
this underground storage tank appeal involving an Effingham
County facility.
3-0
UST
Appeal
9
PCB 07-86
People of the State of Illinois v. The Ridges of Coal Valley – The
Board accepted for hearing this water enforcement action involving
a site located in Rock Island County.
3-0
W-E
PCB 07-87
Estate of Fred Johnson 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 Christian County facility.
3-0
UST
Appeal
90-Day
Ext.
PCB 07-88
Christian County Farmers Supply Company-Morrisonville
(Property Identification Number 13-22-09-100-001) v. IEPA –
Upon receipt of the Illinois Environmental Protection Agency’s
recommendation, the Board found and certified that specified
facilities of Christian County Farmers Supply Company, located in
Christian County, are pollution control facilities for the purpose of
preferential tax treatment under the Property Tax Code (35 ILCS
200/11-10 (2004)).
3-0
T-C
Water
PCB 07-89
Christian County Farmers Supply Company-Pana (Property
Identification Number 11-25-15-101-001) v. IEPA – Upon receipt
of the Illinois Environmental Protection Agency’s
recommendation, the Board found and certified that specified
facilities of Christian County Farmers Supply Company, located in
Christian County, are pollution control facilities for the purpose of
preferential tax treatment under the Property Tax Code (35 ILCS
200/11-10 (2004)).
3-0
T-C
Water
PCB 07-90
Christian County Farmers Supply Company-Tovey (Property
Identification Number 15-12-08-100-002) v. IEPA – Upon receipt
of the Illinois Environmental Protection Agency’s
recommendation, the Board found and certified that specified
facilities of Christian County Farmers Supply Company, located in
Christian County, are pollution control facilities for the purpose of
preferential tax treatment under the Property Tax Code (35 ILCS
200/11-10 (2004)).
Girard
T-C
Water
10
PCB 07-91
Dynegy Midwest Generation, Inc. – Wood River Power Station
(Property Identification Number 19-1-08-19-00-000-006) 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 Madison
County, are pollution control facilities for the purpose of
preferential tax treatment under the Property Tax Code (35 ILCS
200/11-10 (2004)).
3-0
T-C
Water
PCB 07-92
Elite Pork, L.L.C-Esmond (Property Identification Number 19-01-
200-003) v. IEPA – Upon receipt of the Illinois Environmental
Protection Agency’s recommendation, the Board found and
certified that specified facilities of Elite Pork, L.L.C., located in
Ogle County, are pollution control facilities for the purpose of
preferential tax treatment under the Property Tax Code (35 ILCS
200/11-10 (2004)).
3-0
T-C
Water
PCB 07-93
Equistar Chemicals, L.P. (Property Identification Number 03-20-
200-014) v. IEPA – No action taken.
T-C
Water
PCB 07-94
City of Joliet v. IEPA – The Board accepted for hearing this permit
appeal involving a Will County facility.
3-0
P-A
Water
PCB 07-95
People of the State of Illinois v. AET Environmental, Inc. and
E.O.R. Energy, L.L.C. – The Board accepted for hearing this land
enforcement action involving a site located in Sangamon County.
3-0
L-E
PCB 07-96
Kyle Nash v. Karen Sokolowski – The Board held for a later
duplicative/frivolous determination this citizens’ noise enforcement
action involving a Cook County facility.
N-E
Citizens
PCB 07-97
Kyle Nash v. Louis Jiminez – The Board held for a later
duplicative/frivolous determination this citizens’ noise enforcement
action involving a Cook County facility.
N-E
Citizens
11
PCB 07-98
Roy and Nathan Wiegand Roanoke (Property ID # 11-33-100-004)
v. IEPA – Upon receipt of the Illinois Environmental Protection
Agency’s recommendation, the Board found and certified that
specified facilities of Roy and Nathan Wiegand Roanoke, located
in Woodford County, are pollution control facilities for the purpose
of preferential tax treatment under the Property Tax Code (35 ILCS
200/11-10 (2004)).
3-0
T-C
Water
PCB 07-99
L.W. Paul Supply Co., Inc. v. IEPA – The Board accepted for
hearing this underground storage tank appeal involving a Cook
County facility.
3-0
UST
Appeal
PCB 07-100
Wayne and Susan Bergbower-Newton (Property Identification
Number 90-08-16-300-009) v. IEPA – Upon receipt of the Illinois
Environmental Protection Agency’s recommendation, the Board
found and certified that specified facilities of Wayne and Susan
Bergbower-Newton, located in Jasper County, are pollution control
facilities for the purpose of preferential tax treatment under the
Property Tax Code (35 ILCS 200/11-10 (2004)).
3-0
T-C
Water
PCB 07-101
Midwest Generation, L.L.C. – Powerton Generating Station v.
IEPA – No action taken.
P-A, Air
PCB 07-102
City of O’Fallon v. IEPA – No action taken.
P-A,
NPDES
PCB 07-103
Christian County Farmers Supply Co. (Property Identification
Number 07-19-36-100-001) v. IEPA – Upon receipt of the Illinois
Environmental Protection Agency’s recommendation, the Board
found and certified that specified facilities of Christian County
Farmers Supply Co., located in Christian County, are pollution
control facilities for the purpose of preferential tax treatment under
the Property Tax Code (35 ILCS 200/11-10 (2004)).
3-0
T-C
12
C
ASES PENDING DECISION
OTHER ITEMS
ADJOURNMENT
Moved and seconded, by a vote of 3-0, Chairman Girard adjourned the meeting at 11:43
a.m.
I, John T. Therriault, Assistant Clerk of the Illinois Pollution Control Board, certify that
the Board approved the above minutes on May 3, 2007, by a vote of 3-0.
John T. Therriault, Assistant Clerk
Illinois Pollution Control Board
13
