The following is the Illinois Pollution Control Board's tentative agenda for its April 4, 1996 Board meeting. The actual Agenda will be available at 10:30 a.m. Tuesday, April 2, 1996 and will list all motions and case filings received before Monday, Apri

Dynegy Midwest Generation, Inc. (Havana Power Station) v. IEPA – The Board accepted for hearing this permit appeal involving a Mason County facility. No action was taken on petitioner’s motion for partial stay of specified conditions in the construction permit.
Mahr's Service & Sales v. IEPA – The Board accepted for hearing this underground storage tank appeal involving a Fulton County facility.
Ruth Oil Company v. IEPA – The Board accepted for hearing this underground storage tank appeal involving a Stark County facility.
George R. Strunk v. Williamson Energy LLC (Pond Creek Mine #1) – No action taken.
Randy Grant, Donald Grant and Patricia Wallace v. Mach Mining (Pond Creek Mine #1) - No action taken.

ILLINOIS POLLUTION CONTROL BOARD

EETING MINUTES

SEPTEMBER 6, 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 August 23, 2007 open meeting and August 30, 2007 closed deliberative

session were approved by a vote of 4-0.

RULEMAKINGS

R07-9

In the Matter of: Triennial Review of Sulfate and Total

Dissolved Solids Water Quality Standards: Proposed

Amendments to 35 Ill. Adm. Code 302.102(b)(6),

302.102(b)(8),302.102(b)(10), 302.208(g), 309.103(c)(3),

405.109(b)(2)(A), 409.109(b)(2)(B), 406.100(d); Repealer of 35

Ill. Adm. Code 406.203 and Part 407; and Proposed New 35 Ill.

Adm. Code 302.208(h) – No action taken.

R, Water

R08-1

UIC Update, USEPA Amendments (January 1, 2007 through June

30, 2007) – The Board dismissed this reserved identical-in-

substance docket because the United States Environmental

Protection Agency did not amend its underground injection

control regulations during the update period of January 1, 2007

through June 30, 2007.

4-0

R, Land

R08-2

RCRA Subtitle D (Municipal Solid Waste Landfill) Update,

USEPA Amendments (January 1, 2007 through June 30, 2007) –

The Board dismissed this reserved identical-in-substance docket

because the United States Environmental Protection Agency did

not amend its municipal solid waste landfill regulations during

the update period of January 1, 2007 through June 30, 2007.

4-0

R, Land

R08-3

RCRA Subtitle C (Hazardous Waste) Update, USEPA

Amendments (January 1, 2007 through June 30, 2007) – The

Board dismissed this reserved identical-in-substance docket

because the United States Environmental Protection Agency did

not amend its hazardous waste regulations during the update

period of January 1, 2007 through June 30, 2007.

4-0

R, Land

R08-4

UST Update, USEPA Amendments (January 1, 2007 through

June 30, 2007) – The Board dismissed this reserved identical-in-

substance docket because the United States Environmental

Protection Agency did not amend its exemptions from the

definition of underground storage tank during the update period

of January 1, 2007 through June 30, 2007.

4-0

R, Land

DJUSTED STANDARDS

AS 08-1

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

District 8, Bowman Avenue Pump Station and Deep Well System,

for an Adjusted Standard from 35 Ill. Adm. Code 302.208(g)

(NPDES Permit No. IL0070955) – The Board ordered petitioner to

file an amended petition to cure noted deficiencies on or before

October 11, 2007, or the petition would be subject to dismissal.

4-0

Water

ADMINISTRATIVE CITATIONS

AC 06-23

IEPA v. Harold Graves - The Board granted respondent’s motion

to withdraw his petition for review. The Board found that this

respondent violated Sections 21(p)(1), (4) and (7) of the Act (415

ILCS 5/21(p)(1), (4) and (7) (2006)) and assessed a penalty of

$4,500 in this administrative citation involving a Christian County

facility.

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 07-25

City of Chicago Department of Environment v. 1601-1759 East

130th Street, LLC - No action taken.

AC 08-1

IEPA v. Carol G. Prieb – The Board accepted for hearing

respondent’s petition for review of this administrative citation

involving a Union County facility.

4-0

AC 08-2

IEPA v. Charles Stuller – The Board found that this respondent

violated Sections 21(p)(1), (3) and (7) of the Act (415 ILCS

5/21(p)(1), (3) and (7) (2006)), assessing a penalty of $4,500 in this

administrative citation involving a Macoupin County facility.

4-0

AC 08-3

IEPA v. Swami Oil Company – The Board found that this

respondent violated Sections 21(p)(1), (3) and (7) of the Act (415

ILCS 5/21(p)(1), (3) and (7) (2006)), assessing a penalty of $4,500

in this administrative citation involving a Iroquois County facility.

4-0

ADJUDICATORY CASES

Decisions

PCB 05-98

People of the State of Illinois v. Oasis Industries, Inc. – In this air

enforcement action concerning a Kane 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) (2006)),

and accepted a stipulation and settlement agreement, ordering the

respondent to pay a total civil penalty of $40,000, and to cease and

desist from further violations.

4-0

A-E

PCB 05-219

People of the State of Illinois v. Conair Corporation, - In this air

and land enforcement action concerning a Champaign 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) (2006)), and accepted a stipulation and settlement

agreement, ordering the respondent to pay a total civil penalty of

$60,000, and to cease and desist from further violations.

4-0

L-E

Motions and Other Matters

PCB 04-185

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

T-S

Air

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 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

PCB 07-115

Dynegy Midwest Generation, Inc. (Havana Power Station) v. IEPA

– The Board accepted for hearing this permit appeal involving a

Mason County facility. No action was taken on petitioner’s motion

for partial stay of specified conditions in the construction permit.

4-0

P-A, Air

PCB 07-119

Mahr's Service & Sales v. IEPA – The Board accepted for hearing

this underground storage tank appeal involving a Fulton County

PCB 07-120

Ruth Oil Company v. IEPA – The Board accepted for hearing this

underground storage tank appeal involving a Stark County facility.

4-0

UST

Appeal

PCB 07-135

George R. Strunk v. Williamson Energy LLC (Pond Creek Mine

#1) – No action taken.

Citizens

A,N,W-E

PCB 07-145

Randy Grant, Donald Grant and Patricia Wallace v. Mach Mining

(Pond Creek Mine #1) - No action taken.

Citizens

N-E

PCB 08-12

Loretta Thigpen v. Morton Mobile Home Park, LLC, an Illinois

limited liability company, d/b/a Edgewood Terrace Mobile Home

Park – The Board directed complainant to file proof of service of

the complaint on the respondent by October 9, 2007, or the

complaint would be subject to dismissal.

4-0

Citizens

PWS-E

PCB 08-13

Chad Gifford v. American Metal Fibers, Inc. – The Board held this

action for a later duplicative/frivolous determination concerning

this citizens’ noise enforcement action involving a Lake County

facility.

Citizens

N-E

PCB 08-18

Midwest Generation, LLC - Fisk Generating Station – The Board

accepted for hearing this permit appeal involving a Cook County

facility. No action was taken on petitioner’s motion for partial stay

of specified conditions in the construction permit.

4-0

P-A, Air

PCB 08-19

Midwest Generation, LLC - Crawford Generating Station v. IEPA

– The Board accepted for hearing this permit appeal involving a

Cook County facility. No action was taken on petitioner’s motion

for partial stay of specified conditions in the construction permit.

4-0

P-A, Air

PCB 08-20

Midwest Generation, LLC - Waukegan Generating Station v. IEPA

– The Board accepted for hearing this permit appeal involving a

Lake County facility. No action was taken on petitioner’s motion

for partial stay of specified conditions in the construction permit.

4-0

P-A, Air

PCB 08-21

Lindenhurst Sanitary District (NPDES Permit No. IL0020796) v.

IEPA – The Board accepted for hearing this permit appeal

involving a Lake County facility.

4-0

P-A, Water

CASES PENDING DECISION

R07-18

In the Matter of : Fast-Track Rules Under Nitrogen Oxide (NOx)

SIP Call Phase II: Amendments to 35 Ill. Adm. Code Section

201.146, Parts 211 and 217 – Adopted Rule, Final Order

(scheduled for review at 9/18/07 JCAR meeting)

R, Air

THER ITEMS

ADJOURNMENT

Moved and seconded, by a vote of, Chairman Girard adjourned the meeting at 11:17

a.m.

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

the Board approved the above minutes on September 20, 2007, by a vote of .

John T. Therriault, Assistant Clerk

Illinois Pollution Control Board