ILLINOIS POLLUTION CONTROL BOARD
M
EETING MINUTES
THURSDAY, MAY 17, 2007 CHICAGO OFFICE
100 W. Randolph Street
Conference Room 9-040
11:00 A.M.
ANNOUNCEMENTS
Chairman Girard welcomed members of the public and staff.
ROLL CALL
The Assistant Clerk of the Board called the roll. All Board Members answered present.
APPROVAL OF MINUTES
The minutes of the May 3, 2007 open meeting and the May 10, 2007 closed deliberative sessions
were approved by a vote of 4-0.
RULEMAKINGS
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 – The Board found that part of the Illinois
Environmental Protection Agency’s April 6, 2007 proposal is not
“required to be adopted” by the Clean Air Act. Accordingly, the
Board bifurcated this proposal by continuing to consider the
portion applicable to the 28 internal combustion engines affected
by the nitrogen oxides State Implementation Plan Call Phase II
under Section 28.5 of the Act (415 ILCS 5/28.5 (2004)) in docket
R07-18. The Board opened R07-19 and will consider the
remainder of the proposal in that separate docket under Section 27
of the Act (415 ILCS 5/27 (2004)).
4-0
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 – The Board
dismissed this petition for an adjusted standard for petitioner’s
failure to timely publish notice of the filing of the petition by
advertisement in a newspaper of general circulation in the area
likely to be affected, as required by Section 28.1 of the
Environmental Protection Act (415 ILCS 5/28.1(d)(1) (2004)).
4-0
Land
ADMINISTRATIVE CITATIONS
AC 05-72
IEPA v. Gary Clover, d/b/a Clove Concrete, Marion, IL – No
action taken.
Land
AC 07-36
AC 07-37
AC 07-38
(cons.)
IEPA v. Lawrence Abraham Bartolomucci – The Board granted
complainant’s motion to dismiss these consolidated administrative
citations concerning a Jefferson County facility.
4-0
Land
2
AC 07-49
IEPA v. Herman F. and Karen Meyers (IEPA #55-07-AC) – The
Board found that respondents violated Section 21(p)(1), (p)(3),
(p)(4), and (p)(7) of the Act (415 ILCS 5/21(p)(1), (p)(3), (p)(4),
and (p)(7) (2004)), assessing a penalty of $6,000 in this
administrative citation involving a Massac County facility.
4-0
Land
AC 07-51
IEPA v. Gene Breeden – The Board found that this Iroquois
County respondent violated Section 21(p)(1) and (p)(3) of the Act
(415 ILCS 5/21(p)(1), (p)(3) (2004)). Because there are two
violations of Section 21(p) and these violations are subsequent
offenses, respondent was ordered to pay a civil penalty of $6,000
.
4-0
Land
AC 07-52
County of LaSalle v. Mike Johnson – The Board found that this
LaSalle County respondent 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
Land
AC 07-53
IEPA v. Renee C. Lo – The Board dismissed respondent’s petition
for review of this administrative citation as untimely filed and
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.
4-0
Land
AC 07-54
IEPA v.Adolph M. Lo – No action taken.
Land
AC 07-57
IEPA v. Bernard Kotter – The Board accepted an administrative
citation against this Pulaski County respondent.
Land
AC 07-58
County of Macon, Illinois v. Veolia ES Valley View Landfill – The
Board accepted an administrative citation against this
Macon County respondent.
Land
AC 07-59
County of Jackson v. Ryan Dantone, d/b/a The Gallery – The
Board accepted an administrative citation against this
Jackson County respondent.
Land
3
ADJUDICATORY CASES
Decisions
PCB 05-44
People of the State of Illinois v. Roger Kuberski, d/b/a Mount
Vernon Quality Times, Inc. - Upon receipt of a proposed
stipulation and settlement agreement and an agreed motion to
request relief from the hearing requirement in this air enforcement
action involving a Jefferson County facility, the Board ordered
publication of the required newspaper notice.
4-0
A-E
Motions and Other Matters
PCB 03-191
People of the State of Illinois v. Community Landfill Company,
Inc. and City of Morris – The Board granted complainant’s motion
to set a hearing date and denied respondent City of Morris' motion
for extension of time to file a response.
4-0
L-E
PCB 06-52
Knapp Oil Company, Don’s 66 v. IEPA – No action taken.
UST
Appeal
PCB 06-119
People of the State of Illinois v. Strata Geologic Services, Inc. –
The Board granted complainant’s motion for leave to file an
amended complaint and accepted the complaint.
4-0
L-E
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
4
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 07-84
American Bottom Conservancy and Sierra Club v. City of Madison
Illinois and Waste Management of Illinois, Inc. – The Board
granted petitioners’ motion for Kathleen G. Henry to appear
pro
hac vice
and respondent the City of Madison’s motion for leave to
file an amended index.
4-0
P-C-F-S-R
PCB 07-93
Equistar Chemicals, L.P. (Property Identification Number 03-20-
200-014) v. IEPA - Upon receipt of the Illinois Environmental
Protection Agency’s (IEPA) recommendation, the Board found and
certified that specified facilities of Equistar Chemicals, LP
(Equistar), located in Grundy County, are pollution control
facilities for the purpose of preferential tax treatment under the
Property Tax Code (35 ILCS 200/11-10 (2004)). The facilities are a
wastewater treatment plant effluent temperature control and the Lift
Station #23 Overflow Prevention at Equistar’s water pollution
control facility. The IEPA did not recommend that the Potable
Water System Improvements be certified and not receiving any
petition for review, the Board declines to certify.
4-0
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 07-107
Roy Pan, Inc. v. IEPA – Upon receipt of the Illinois Environmental
Protection Agency’s recommendation, the Board found and
certified that specified facilities of Roy Pan, Inc., located in Clay
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
UST
Appeal
5
PCB 07-108
Reed's Service v. IEPA – The Board accepted for hearing this
underground storage tank appeal involving a White County facility.
4-0
UST
Appeal
PCB 07-109
Lawrence Reed v. Mark Howard - The Board held for a later
duplicative/frivolous determination this citizens’ noise enforcement
action involving a Cook County facility.
N-E
PCB 07-110
City of Granite City 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 Madison County facility.
4-0
UST
Appeal 90-
Day Ext.
PCB 07-111
Collins & Aikman v. IEPA – No action taken.
T-C
CASES PENDING DECISION
PCB 06-184
Peoria Disposal Company v. Peoria County Board – (Due 6/7)
(Awaiting written confirmation of verbal waiver until 6/21)
P-C-F-S-R
OTHER ITEMS
The Board granted the Chairman’s motion for approval of Calendar Year 2007 Board Meeting
Locations and Dates and the Closed Deliberative Sessions Dates as listed below:
Proposed 2008 Meeting Schedule
2008 Board Meeting Dates and Locations
January 10 – Videoconference
July 10 - Videoconference
January 24 – Chicago
July 24- Chicago
February 7 – Videoconference
August 7 - Videoconference
February 21 - Chicago
August 21 Springfield
March 6 – Springfield
September 4- Chicago
6
March 20 – Chicago
September 18- Videoconference
April 3 –Videoconference
October 2- Chicago
April 17 – Chicago
October 16- Springfield
May 1- Springfield
November 6– Chicago
May 15 – Chicago
November 20- Videoconference
June 5 – Videoconference
December 4 - Chicago
June 19- Chicago
December 18- Videoconference
2008 Deliberative Session Dates
January 3
July 3
January 17
July 17
January 31
July 31
February 14
August 14
February 28
August 28
March 13
September 11
March 27
September 25
April 10
October 9
April 24
October 23
May 8
November 13
May 22
December 11
June 12
June 26
Chicago meetings are held at the James R. Thompson Center, 100 West Randolph Street,
Chicago, Illinois 60601
Springfield meetings are held at 1021 N. Grand Avenue East, Springfield, Illinois 62794-9274
Videoconference meetings are held between the Chicago and Springfield locations
Specific room locations may be obtained by accessing the Board’s website at:
http://www.ipcb.state.il.us and clicking onto the Calendar of Events link
ADJOURNMENT
7
Moved and seconded, by a vote of 4-0, Chairman Girard adjourned the meeting at 11:24
a.m.
I, John T. Therriault, Assistant Clerk of the Illinois Pollution Control Board, certify that
the Board approved the above minutes on June 7, 2007, by a vote of 4-0.
John T. Therriault, Assistant Clerk
Illinois Pollution Control Board
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