ILLINOIS POLLUTION CONTROL BOARD
M
EETING MINUTES
January 24, 2008
CHICAGO OFFICE
100 W. Randolph Street
Chicago, IL
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 four Board Members answered present.
APPROVAL OF MINUTES
The minutes of the January 10, 2008 open meeting and January 17, 2008 closed deliberative
session were approved by a vote of 4-0.
RULEMAKINGS
R04-25
In the Matter of: Proposed Amendments to Dissolved Oxygen Standard
35 Ill. Adm. Code 302.206 – The Board adopted a final opinion and order
in this rulemaking amending the Board’s general use water quality
standard for dissolved oxygen.
4-0
Water
R08-17
In the Matter of: Standards and Limitations for Organic Material
Emissions for Area Sources, Proposed New 35 Ill. Adm. Code Part 223 –
The Board accepted for hearing the Illinois Environmental Protection
Agency’s January 2, 2008 proposal to amend the Board’s air pollution
control regulations for volatile organic material emissions. The Board also
granted the motion to file a limited number of copies and accepted this
matter for hearing.
4-0
Air
A
DJUSTED STANDARDS
AS 07-3
In the Matter of: Petition of Midwest Generation, LLC, Waukegan
Generating Station for an Adjusted Standard from 35 Ill. Adm.
Code 225.230 – No action taken.
Air
AS 07-4
In the Matter of: Petition of Midwest Generation, LLC, Will
County Generating Station for an Adjusted Standard from 35 Ill.
Adm. Code 225.230 – No action taken.
Air
AS 08-2
In the Matter of: Petition of Stericycle, Inc. for an Adjusted
Standard from 35 Ill. Adm. Code 1422.111(B)(1); 1450.105(A)-
(B); 1450.200 (E); and Condition 15 of Permit No. 1997-264-
DE/OP, Supplemental Permit No. 2005-182-SP – No action taken.
PIMW
AS 08-3
In the Matter of: Petition for Adjusted Standard from 35 Ill. Adm.
Code 620.420 for Nobel Risley's Landfill #2 – The Board ordered
petitioner to file an amended petition to cure noted deficiencies,
and notice of newspaper publication of the filing of the amended
petition, on or before February 29, 2008, or the petition would be
subject to dismissal.
4-0
Ground
Water
AS 08-7
In the Matter of: Petition of the City of Chicago Heights for an
Adjusted Standard From 35 IAC 810.103, 814.102 and 814.501(c)
– No action taken.
Land
2
ADMINISTRATIVE CITATIONS
AC 05-72
IEPA v. Gary Clover, d/b/a Clover Concrete, Marion, IL – 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 $353.07 and a civil penalty of $4,500.
This order follows the Board's interim order of December 6, 2007,
which found that this respondent had violated Sections 21(p)(1),
(3) and (4) of the Environmental Protection Act. (415 ILCS
5/21(p)(1), (3), and (4) (2006)).
4-0
AC 06-33
IEPA v. Johnny Kemper d/b/a Kemper Tree Service – In response
to a joint stipulation and settlement agreement in this
administrative citation action involving a Edgar County facility, the
Board found that respondent violated Section 21(p)(1) of the
Environmental Protection Act (415 ILCS 5/21(p)(1) (2006)) and
ordered him to pay a civil penalty of $1,500. The Board also
granted the parties’ joint motion to dismiss respondent’s petition
for review and the alleged violation of 415 ILCS 5/21(p) (3)
(2006).
4-0
AC 06-39
City of Chicago Department of Environment v. Speedy Gonzalez
Landscaping, Inc. – No action taken.
AC 06-40
City of Chicago Department of Environment v. Jose R. Gonzalez –
No action taken.
AC 06-41
City of Chicago Department of Environment v. 1601-1759 East
130th Street, LLC – No action taken.
AC 06-49
IEPA v. Michael Gruen and Jon Eric Gruen, d/b/a Jon's Tree
Service – The Board entered an interim opinion and order finding
respondent violated Sections 21(p)(1) of the Act (415 ILCS
5/21(p)(1) (2006)) and assessing a penalty of $1,500. The Board
ordered the Clerk of the Board and the Illinois Environmental
Protection Agency to file within 14 days a statement of hearing
costs, supported by affidavit, with service on respondent.
Respondent may respond to the cost statement within 14 days of
service.
4-0
AC 07-25
City of Chicago Department of Environment v. 1601-1759 East
130th Street, LLC – No action taken.
3
AC 08-10
IEPA v. Henry, Patty and Bradley Maynor – The Board granted
complainant’s motion for withdrawal of this administrative citation
and closed the docket.
4-0
AC 08-12
IEPA v. Norma Eddington and Cecil Eddington
– The Board
accepted an administrative citation against these Tazewell County
respondents.
ADJUDICATORY CASES
PCB 96-98
People of the State of Illinois v. Skokie Valley Asphalt, Inc.,
EDWIN L. FREDERICK, JR., individually and as owner and
President of Skokie Valley Asphalt Co., Inc., and RICHARD J.
FREDERICK, individually and as owner and Vice President of
Skokie Valley Asphalt Co., Inc. – No action taken.
W-E
PCB 04-186
Waste Management of Illinois, Inc. v. County Board of Kankakee
County, Illinois – The Board affirmed the respondent’s decision to
deny siting for the landfill expansion proposed by Waste
Management of Illinois, Inc.
4-0
Siting
Appeal
PCB 06-80
People of the State of Illinois v. Fulford Construction, Inc. – 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 St. Clair County facility, the
Board ordered publication of the required newspaper notice.
4-0
W-E
PCB 06-163
The Theodore Kosloff Trust (As formed by the Irrevocable
Agreement of Trust of Theodore Kosloff, dated December 6, 1989,
for Rachel Kosloff and Abigail Kosloff, a Pennsylvania trust) v.
A&B Wireform Corporation – The Board granted the parties’
motion for voluntary dismissal of this citizen enforcement action.
4-0
L-E
PCB 07-44
Indian Creek Development Company, an Illinois partnership,
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, a Delaware company – No action taken.
Citizens
L, W-E
PCB 07-63
PMA & Associates, Inc. v. IEPA – No action taken.
UST Appeal
4
PCB 07-84
American Bottom Conservancy and Sierra Club v. City of
Madison, Illinois and Waste Management of Illinois, Inc. – No
action taken.
L-S-R
PCB 07-85
TT-Town Drive Thru, Inc. v. IEPA
– No action taken.
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 07-113
Rochelle Waste Disposal, L.L.C. v. The City of Rochelle, an
Illinois Municipal Corporation and The Rochelle City Council –
The Board affirmed special conditions 8, 13, 22, 23, 26, and 28,
and, as requested, modified conditions 33 and 34 of the sitting
approval granted by the City of Rochelle on April 11, 2007.
4-0
P-A, Land
PCB 07-125
Lowe Oil (Robert and Tony Thompson) v. IEPA – The Board
granted this Alexander County facility’s motion for voluntary
dismissal of this underground storage tank appeal.
4-0
UST Appeal
PCB 08-17
People of the State of Illinois v. Felker Pharmacy, Inc.and Rod
Bennett Construction, Inc.v. McClellan Blakemore Architects, Inc.
and Wendler Engineering Services, Inc. – No action taken.
W-E
PCB 08-35
Estate of William Eggert v. IEPA – No action taken.
UST Appeal
PCB 08-42
River Rescue v. IEPA and Peoria Disposal Company – No action
taken.
P-A, RCRA
CASES PENDING DECISION
None
OTHER ITEMS
The Board granted the Chairman’s motion to change the February 7,
2008 Meeting from a video meeting to one held in the James R.
Thompson Center, Chicago, Room 2-025.
4-0
5
The Chairman’s motion was granted under Section 2.06(c) of the Open
Meetings Act (5 ILCS 120/2.06(c). The Clerk must preserve only
written minutes of closed Board deliberative sessions occurring on or
before June 30, 2006 and to approve destruction of verbatim tape
recordings of 2006 meetings held: January 12 and January 26; February
9 and February 23; March 9, March 23, and March 30; April 13 and
April 27; May 11 and May 25; and June 8 and June 29.
4-0
Chairman’s Motion was granted under Section 2.06(d) of the Open
Meetings Act (5 ILCS 120/2.06(d). The Clerk must continue to keep
confidential minutes of closed Board meetings occurring between July 1,
2007 through December 31, 2007.
4-0
ADJOURNMENT
Moved and seconded, by a vote of, Chairman Girard adjourned the meeting at 11:25a.m
.
I, John T. Therriault, Assistant Clerk of the Illinois Pollution Control Board, certify that
the Board approved the above minutes on February 7,008, by a vote of 4-0.
John T. Therriault, Assistant Clerk
Illinois Pollution Control Board
6
