ILLINOIS POLLUTION CONTROL BOARD

M

EETING MINUTES

THURSDAY, MAY 3, 2007

Chicago/Springfield Videoconference

Videoconference Room 11-512

And

SPRINGFIELD OFFICE – 1021 N. Grand Avenue East

ANNOUNCEMENTS

Chairman Girard welcomed members of the public and staff. Chairman Girard then noted,

“Monday was the last day of an era here at the Board. Our clerk, Dorothy M. Gunn and our

executive coordinator Sandy Wiley retired. Together they had over 60 years of experience at the

Board. We will miss them and wish both of them well. Today starts a new era and John T.

Therriault, our assistant clerk will be presiding over the meetings.”

ROLL CALL

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

APPROVAL OF MINUTES

The minutes of the April 19, 2007 open meeting and the April 26, 2007 closed deliberative

sessions were approved by a vote of 3-0. Member Melas abstained.

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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 adopted a proposal for public comment in this

“identical-in-substance” consolidated rulemaking to amend the

Board’s drinking water regulations.

4-0

R, PWS

R07-18

In the Matter of: Nitrogen Oxide (NOx) Emissions From Stationary

Reciprocating Internal Combustion Engines and Turbines:

Amendments to 35 Ill. Adm. Code Section 201.146, Parts 211 and

217 – No action taken.

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 04-51

IEPA v. Michael Moreton – The Board entered a final opinion and

order requiring respondent to pay hearing costs of the Illinois

Environmental Protection Agency and the Board in the amount of

$336.12 and a civil penalty of $3,000. This order follows the

Board's interim order of February 1, 2007, which found that this

respondent had violated Sections 21(p)(1) and (7) of the

Environmental Protection Act. (415 ILCS 5/21(p)(1) and 21(p)(7)

(2004)).

4-0

2

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AC 05-47

IEPA v. Stacy Hess – The Board entered a final opinion and order

requiring respondent to pay hearing costs of the Illinois

Environmental Protection Agency and the Board in the amount of

$371.10 and a civil penalty of $4,500. This order follows the

Board's interim order of March 1, 2007, which found that this

respondent had violated Sections 21(p)(1), (3) and (7) of the

Environmental Protection Act. (415 ILCS 5/21(p)(1), (3), and (7)

(2004)).

4-0

AC 06-32

County of Jackson v. David Skidmore – The Board entered a final

opinion and order requiring respondent to pay hearing costs of the

Illinois Environmental Protection Agency and the Board in the

amount of $220.20 and a civil penalty of $4,500. This order

follows the Board's interim order of March 1, 2007, which found

that this respondent had violated Sections 21(p)(1), (3) and (7) of

the Environmental Protection Act. (415 ILCS 5/21(p)(1), (3), and

(7) (2004)).

4-0

AC 06-50

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

– The Board granted respondent Mark Gates April 17, 2007 motion

for extension of time, allowing him until June 4, 2007 to file an

amended petition.

4-0

AC 07-21

County of Macon v. Tim Walker – The Board granted respondent’s

motion to reconsider, but declined to modify or vacate the January

26, 2007 Board Order.

4-0

AC 07-34

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

Board accepted for hearing respondent Ruben J. Valdez’s amended

petition for review.

4-0

AC 07-47

County of Ogle v. Rochelle Waste Disposal, L.L.C. and Clyde A.

Gelderloos, Chief Operator and City of Rochelle – The Board

found that these Ogle County respondents violated Section (o)(5) of

the Act (415 ILCS 5/21(o)(5) (2004)), and ordered respondents to

pay a civil penalty of $500

.

4-0

3

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AC 07-55

IEPA v. Gire Properties Inc. and Gire Construction Inc. – The

Board accepted an administrative citation against these

Douglas County respondents.

AC 07-56

County of Ogle v. BFI Waste Systems of North America, Inc. –

The Board accepted an administrative citation against these

Ogle County respondents.

ADJUDICATORY CASES

Decisions

PCB 06-78

People of the State of Illinois v. North American Lighting, Inc. – In

this air and water enforcement action concerning a Clay 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

$15,000, and to cease and desist from further violations.

4-0

A&W-E

PCB 06-160

People of the State of Illinois v. Matrix National Investment Corp.

– 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.

4-0

W-E

PCB 07-24

Webb & Sons, Inc. v. IEPA – The Board entered a final opinion

and order requiring the Illinois Environmental Protection Agency

(Agency) to reimburse petitioner attorney fees in the amount of

$3,569.63 from the UST Fund. This order follows the Board's

interim order of February 17, 2007, in which the Board affirmed

respondent’s rejection of petitioner’s proposed budget for

personnel for four specified job titles, but reversed the Agency’s

rejection of petitioner’s proposed budget for the 16 remaining job

titles in the proposed personnel budget.

4-0

UST

Appeal

4

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PCB 07-41

People of the State of Illinois v. Village of Nebo - In this public

water supply enforcement action concerning a Pike 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 $1,500, and

to cease and desist from further violations.

4-0

PWS-E

Motions and Other Matters

PCB 99-134

People of the State of Illinois v. Peabody Coal Company – The

Board found that the Board’s September 18, 2003 order granting a

stay in this matter dissolved on December 1, 2003, denied

complainant’s April 11, 2007 motion to lift stay as moot. The

Board found that nothing bars the hearing officer from ruling on the

June 6, 2003 motion for protective order.

4-0

W-E

PCB 03-54

PCB 03-56

PCB 03-105

PCB 03-179

PCB 04-02

Freedom Oil Company v. IEPA – The Board granted this Edgar

County facility’s motion for voluntary dismissal of these

consolidated underground storage tank appeals.

4-0

UST

Appeal

PCB 04-158

Hannel Oil Company v. IEPA – The Board granted this Morgan

County facility’s motion for voluntary dismissal of this

underground storage tank appeal.

4-0

UST

Appeal

PCB 05-193

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

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

The Board construed respondent Michael J. Pfister’s (Pfister)

motion for summary judgment as an unopposed motion to dismiss

and granted the unopposed motion to dismiss (Pfister only) with

prejudice.

4-0

A-E

5

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PCB 06-51

People of the State of Illinois v. CSX Transportation, Inc. – Upon

receipt of a proposed stipulation and settlement agreement and an

agreed motion to request relief from the hearing requirement in this

air, land and water enforcement action involving an

Edwards County facility, the Board ordered publication of the

required newspaper notice.

4-0

A,L,&W-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 – The Board denied respondent

United States Steel Corporation’s motion to reconsider the Board

order of January 26, 2007.

4-0

P-A,

NPDES

PCB 06-177

People of the State of Illinois v. Sheridan Sand & Gravel Co. – No

action taken.

L-E

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 - No

action taken.

A&N-E

PCB 07-27

Village of Wilmette v. IEPA – No action taken.

UST

Appeal

PCB 07-48

Village of Wilmette v. IEPA – No action taken.

UST

Appeal

PCB 07-49

People of the State of Illinois v. City of Woodstock – 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 McHenry County facility, the

Board ordered publication of the required newspaper notice.

4-0

W-E

6

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PCB 07-65

Electro-Motive Diesel, Inc. 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 located

in Cook County.

4-0

P-A, Air

PCB 07-69

Siemens Energy & Automation 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 located in Kane County.

4-0

UST

Appeal

PCB 07-84

American Bottom Conservancy and Sierra Club v. City of Madison

Illinois and Waste Management of Illinois, Inc. – No action taken.

P-C-F-S-R

PCB 07-93

Equistar Chemicals, L.P. (Property Identification Number 03-20-

200-014) v. IEPA - No action taken.

T-C

Water

PCB 07-96

Kyle Nash v. Karen Sokolowski – No action taken.

N-E

Citizens

PCB 07-97

Kyle Nash v. Louis Jiminez – No action taken.

N-E

Citizens

PCB 07-101

Midwest Generation, L.L.C. – Powerton Generating Station v.

IEPA – The Board accepted for hearing and granted petitioner’s

motion for partial stay of specified conditions in the construction

permit in this permit appeal involving a Tazewell County facility.

4-0

P-A, Air

PCB 07-102

City of O’Fallon v. IEPA – The Board ordered petitioner to file an

amended petition to cure noted deficiencies, accompanied by an

attorney’s appearance on or before June 3, 2007, or the petition

would be subject to dismissal.

4-0

P-A,

NPDES

PCB 07-104

People of the State of Illinois v. Washington Trails Edge, L.L.C. –

The Board accepted for hearing this water enforcement action

involving a site located in Tazewell County.

4-0

W-E

7

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PCB 07-105

Harley Frey v. IEPA – The Board accepted for hearing this

underground storage tank appeal involving a Wayne County

facility.

4-0

UST

Appeal

PCB 07-106

Christian County Farmers Supply Company (Stonington) v. IEPA

(Property ID No. 16-009-28-400-002) – 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)).

4-0

ADDENDUM

PCB 93-71

Indian Refining Company, now part of the AWR Liquidating Trust

v. IEPA – The Board granted this Lawrence County facility’s

motion for voluntary dismissal of this permit appeal.

4-0

P-A, Land

C

ADJOURNMENT

8

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Moved and seconded, by a vote of 4-0, Chairman Girard adjourned the meeting at 11:34

a.m.

I, John T. Therriault, Assistant Clerk of the Illinois Pollution Control Board, certify that

the Board approved the above minutes on May 17, 2007, by a vote of 4-0.

John T. Therriault, Assistant Clerk

Illinois Pollution Control Board

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