ILLINOIS POLLUTION CONTROL BOARD

M

EETING MINUTES

JUNE 21, 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 June 7, 2007 open meeting and the June 14, 2007 closed deliberative sessions

were approved by a vote of 4-0.

RULEMAKINGS

R07-20

In the Matter of: Procedures for Reporting Releases of

Radionuclides at Nuclear Power Plants – The Board accepted for

hearing the Illinois Environmental Protection Agency’s May 25,

2007 proposal.

4-0

R,Water

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R07-21

In the Matter of: Site Specific Rule for City of Joliet Wastewater

Treatment Plant Fluoride and Copper Discharges, 35 Ill. Adm.

Code 303.432

–

The Board accepted for hearing petitioner’s May

30, 2007 proposal to amend the Board’s water pollution control

regulations. The Board granted petitioner’s motion to waive

requirement to submit 200 signatures. The Board also requested

that petitioner address the deficiencies noted in the order.

4-0

R, Water

ADJUSTED STANDARDS

AS 07-06

In the Matter of: Petition of Cabot Corporation for an Adjusted

Standard from 35 Ill. Adm. Code Part 738. Subpart B – The Board

granted the motions for incorporation and from the requirement to

file an original and 9 copies of the USEPA application and plan.

The motion for relief from the requirement at 35 Ill. Adm. Code

104.402 to serve the Illinois Environmental Protection Agency

with a copy of this petition was denied. No action was taken on the

motion for a stay of this proceeding or on petition sufficiency.

4-0

Land

AS 07-007

In the Matter of: Petition of Illinois Department of Transportation,

District 8, for an Adjusted Standard from 35 Ill. Adm. Code

302.208(g) (NPDES Permit No. ILD0070955) – No action taken.

Water

ADMINISTRATIVE CITATIONS

AC 06-50

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

– The Board accepted for hearing Mark Gates’ amended petition

for review.

4-0

AC 07-50

IEPA v. Doug Hensley and Eric & Charmin Joseph – The Board

granted the Illinois Environmental Protection Agency motion to

dismiss Doug Hensley and Eric Joseph and found that Charmin

Savage f/k/a Charmin Joseph violated Sections (p)(1) and (p)(3) of

the Act (415 ILCS 5/21(p)(1), (p)(3) (2004)), and ordered

respondent to pay a civil penalty of $3,000

.

4-0

AC 07-53

IEPA v.Renee C. Lo – No action taken.

2

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AC 07-56

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

The Board found that this Ogle County respondent violated Section

(o)(11) of the Act (415 ILCS 5/21(o)(11) (2004)), and ordered

respondent to pay a civil penalty of $500

.

4-0

AC 07-57

IEPA v. Bernard Kotter – No action taken.

AC 07-58

County of Macon, Illinois v. Veolia ES Valley View Landfill –The

Board found that this Macon County respondent violated Section

(o)(5) and (o)(11) of the Act (415 ILCS 5/21(o)(5), (o)(11) (2004)),

and ordered respondent to pay a civil penalty of $1,000

.

4-0

AC 07-59

County of Jackson v. Ryan Dantone, d/b/a The Gallery – The

Board granted complainant’s motion to dismiss the administrative

citation.

4-0

AC 07-63

IEPA v. Clinton D. and Ruth H. Jordan – The Board accepted for

hearing respondents’ petition for review of this administrative

citation involving a Marion County facility.

4-0

AC 07-64

IEPA v. Mercelo Mendoza – The Board accepted an administrative

citation against this Champaign County respondent.

AC 07-65

IEPA v. Todd McKinney – The Board accepted an administrative

citation against this St. Clair County respondent.

AC 07-66

Ogle County v. John and Angela Baker – The Board accepted an

administrative citation against these Ogle County respondents.

AC 07-67

Ogle County v. Harry Poggioli, Jr. – The Board accepted an

administrative citation against this Ogle County respondent.

3

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AC 07-68

IEPA v. Todd McKinney – The Board accepted an administrative

citation against this St. Clair County respondent.

ADJUDICATORY CASES

Decisions

PCB 06-184

Peoria Disposal Company v. Peoria County Board – The Board

affirmed the decision of the Peoria County Board denying

petitioner’s application to expand an existing hazardous waste

pollution control facility.

4-0

P-C-F-S-R

Motions and Other Matters

PCB 02-214

Metropolitan Sanitary District of Greater Chicago (Lemont Plant)

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

for voluntary dismissal of this permit appeal.

4-0

P-A,Water

PCB 03-191

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

Inc. and City of Morris – The Board affirmed the May 17, 2007

order granting the complainant’s motion to set a hearing date and

directed the hearing officer to proceed expeditiously to hearing

with both respondents.

4-0

L-E

PCB 04-88

Des Plaines River Watershed Alliance, Livable Communities

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

Village of New Lenox – No action taken.

P-A

Water

PCB 04-185

Midwest Generation EME, LLC v. IEPA – No action taken.

T-S

4

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PCB 04-215

Commonwealth Edison Company v. IEPA – No action taken.

T-S

Air

PCB 04-216

Midwest Generation v. IEPA – No action taken.

T-S

Air

PCB 06-9

The Estate of Gerald Hess v. IEPA – The Board granted this Cook

County facility’s motion for voluntary dismissal of this

underground storage tank appeal.

4-0

P-A, UST

Appeal

PCB 06-52

Knapp Oil Company, Don’s 66 v. IEPA – The Board granted the

respondent's motion for summary judgment, denied petitioner’s

cross-motion for summary judgment and found the respondent

properly rejected petitioner’s August 2, 2005 high priority

corrective action plan and budget.

4-0

UST

Appeal

PCB 06-119

People of the State of Illinois v. Strata Geologic Services, Inc. – No

action taken.

E-Land

PCB 06-171

American Bottom Conservancy v. Illinois Environmental

Protection Agency and United States Steel Corporation - Granite

City Works – The Board denied respondent United States Steel

Corporation - Granite City Works’ May 30, 2007 motion to stay

Board orders of January 26, 2007 and May 3, 2007, pending

appellate review of the orders.

4-0

T-S

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 – No action taken.

UST

Appeal

PCB 07-48

Village of Wilmette v. IEPA – No action taken.

UST

Appeal

5

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PCB 07-87

Estate of Fred Johnson 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 Christian County.

4-0

UST

Appeal

PCB 07-96

Kyle Nash v. Karen Sokolowski – No action taken.

N-E

PCB 07-97

Kyle Nash v. Louis Jimenez – No action taken.

N-E

PCB 07-105

Harley Frey v. IEPA – No action taken.

P-A, Land

PCB 07-109

Lawrence Reed v. Mark Howard - The Board directed complainant

to file proof of service of the complaint on the respondent by July

23, 2007.

4-0

N-E

PCB 07-111

Collins & Aikman v. IEPA – Upon receipt of the Illinois

Environmental Protection Agency’s recommendation, the Board

granted certification to the oil/water separator facilities of Collin

and Aikman's, located in Champaign County are pollution control

facilities for the purpose of preferential tax treatment under the

Property Tax Code (35 ILCS 200/11-10 (2006)). The Board

declined to certify the re-grind equipment facilities.

4-0

T-C, Water

PCB 07-114

Robert Habeeb v. The Coach House Restaurant – No action taken.

N-E

Citizens

PCB 07-123

Dynegy Midwest Generation, Inc. (Hennepin Power Station) v.

IEPA – The Board granted this request for a 90-day extension of

time to file a permit appeal on behalf of this Putnam County

facility.

4-0

P-A, Air,

90 Day

Extension

PCB 07-124

People of the State of Illinois by Lisa Madigan, Attorney General

of the State of Illinois v. Kraft Foods Global, Inc. – The Board

accepted for hearing this air enforcement action involving a site

located in DuPage County.

4-0

A-E

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