1. AC 06-53
    2. AC 07-5
    3. AC 07-6
    4. AC 07-7
    5. AC 07-8
    6. AC 07-9
    7. AC 07-10
    8. AC 07-12
    9. AC 07-17

ILLINOIS POLLUTION CONTROL BOARD
M
EETING MINUTES
October 5, 2006
Michael A. Bilandic Building,
160 N. LaSalle Street, Second Floor, Room N-505
2:00 P.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.
APPROVAL OF MINUTES
Minutes of the September 21, 2006 meeting were approved by a vote of 4-0.
RULEMAKINGS
R06-15
SDWA Update, USEPA Amendments (July 1, 2005 through
December 31, 2005) – The Board adopted a final opinion and order
in this “identical-in-substance” rulemaking which amends the
Board’s drinking water regulations.
4-0
R, Water
ADJUSTED STANDARDS
None

 
ADMINISTRATIVE CITATIONS
AC 06-53
County of Ogle v. George C. Heal. – The Board found that the
complainant provided adequate service of the administrative
citation upon the respondent and directed the hearing officer to
proceed expeditiously to hearing.
4-0
AC 07-5
IEPA v. Allen and Lois Noltensmeier – The Board found that these
Mason County respondents violated Section 21(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
AC 07-6
IEPA v. Landfill 33 Ltd., Richard Deibel, and Brian Hayes - The
Board found that these Effingham County respondents violated
Section 21(p)(1) of the Act (415 ILCS 5/21(o)(5) (2004)), and
ordered respondents to pay a civil penalty of $500
.
4-0
AC 07-7
IEPA v. Matthew P. Bailey - The Board found that this Wayne
County respondent violated Section 21(p)(1) and (p)(7) of the Act
(415 ILCS 5/21(p)(1), (p)(7) (2004)), and ordered respondent to
pay a civil penalty of $3,000
.
4-0
AC 07-8
IEPA v. Allied Waste, Inc. – The Board found that this Bond
County respondent violated Section 21(p)(1) of the Act (415 ILCS
5/21(p)(1) (2004)), and ordered respondent to pay a civil penalty of
$1,500
.
4-0
AC 07-9
IEPA v. Charles F. Kinsel - The Board found that this Fulton
County respondent violated Section 21(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 $4,500
.
4-0
AC 07-10
IEPA v. Michael Rickard – The Board granted complainant’s
motion to withdraw this administrative citation, and closed the
docket.
4-0
2

 
AC 07-12
IEPA v. Francis E. Morris – No action taken.
AC 07-17
IEPA v. Lee County Landfill, S.C., L.L.C. and Dave Geier – The
Board accepted an administrative citation against these Lee County
respondents.
ADJUDICATORY CASES
Decisions
PCB 06-27
People of the State of Illinois v. Joel Hillman – In this air
enforcement action concerning a Lake 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)),
accepted a stipulation and settlement agreement, and ordered the
respondent to pay a total civil penalty of $40,000, and to cease and
desist from further violations.
4-0
A-E
Motions and Other Matters
PCB 02-196
Smoot Oil Company v. IEPA – The Board granted this Union
County facility’s motion for voluntary dismissal of this
underground storage tank appeal.
4-0
UST
Appeal
PCB 04-16
People of the State of Illinois v. Packaging Personified, Inc., an
Illinois corporation – The Board granted respondent's motion for
interlocutory appeal from the hearing officer order dated June 28,
2006 and affirmed that order which denied respondent's motion to
compel discovery.
4-0
A-E
3

PCB 04-31
PCB 05-43
(cons.)
Broadus Oil v. IEPA – No action taken.
UST
Appeal
PCB 05-49
Morton F. Dorothy v. Flex-N-Gate Corporation – No action taken.
Citizens
A&L-E
PCB 06-52
Knapp Oil Company, Don’s 66 v. IEPA – No action taken.
UST
Appeal
PCB 06-53
C&F Packing Company, Inc. v. IEPA and Lake County – No action
taken.
W-V
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 v. A&B Wireform
Corporation – The Board denied complainant’s motion for default
judgment.
4-0
L-E
PCB 06-178
People of the State of Illinois v. Galena Hillside Homes, 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 Jo Daviess County
facility, the Board ordered publication of the required newspaper
notice.
4-0
W-E
NPDES
PCB 06-184
Peoria Disposal Company v. Peoria County Board – No action
taken.
P-C-F-S-R
PCB 06-186
American National Bank & Trust – Land Trust 12434-06 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 Cook County.
4-0
UST
Appeal
4

PCB 06-187
Omni Bioenergy, L.L.C. 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 in
Madison County.
4-0
P-A
Air
PCB 07-12
Fedex Ground Package System, Inc. v. IEPA – No action taken.
UST
Appeal
PCB 07-17
Dale L. Stanhibel v. Tom Halat d/b/a Tom’s Vegetable Market –
The Board held for a later duplicative/frivolous determination this
citizens’ air and noise enforcement action involving a Jackson
County facility.
Citizens
A&N – E
PCB 07-20
Atkinson Landfill Company v. The Village of Atkinson and The
Village Board of the Village of Atkinson – The Board accepted for
hearing this pollution control facility siting appeal involving a
Henry County facility.
4-0
P-C-F-S-R
PCB 07-21
Maple Quick Mart and Ranjit Singh v. IEPA – No action taken.
UST
Appeal
90-Day
Ext.
CASES PENDING DECISION
R06-13
In the Matter of: Wastewater Pretreatment Update, USEPA
Amendments (July 1, 2005 through December 31, 2005) – Adopted
Rule, Final Order, Opinion and Order
Melas
R, Water
ADJOURNMENT
Moved and seconded, by a vote of 4-0, Chairman Girard adjourned the meeting at 2:20
p.m.
5

I, Dorothy M. Gunn, Clerk, of the Illinois Pollution Control Board, certify that the Board
approved the above minutes on October 19, 2006, by a vote of 4-0.
Dorothy M. Gunn, Clerk
Illinois Pollution Control Board
6

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