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

TT-Town Drive Thru, Inc. v. IEPA – No action taken.
Dynegy Midwest Generation, Inc. (Hennepin Power Station) v. IEPA – The Board granted petitioner’s motion for a partial stay of the construction permit.
People of the State of Illinois, Lisa Madigan, Attorney General of the State of Illinois v. Thomas P. Mathews – The Board granted complainant’s motion in part, and struck the first four of the five alleged affirmative defenses set forth in respondent’s answer. The Board denied the complainant’s motion to strike respondent’s asserted laches defense.
George R. Strunk v. Williamson Energy LLC (Pond Creek Mine #1) – No action taken.
People of the State of Illinois v. Gateway Bobcat of Herberer Equipment Co., Inc. d/b/a Bobcat of St. Louis – Upon receipt of a proposed stipulation and settlement agreement and an agreed motion to request relief from the hearing requirement in this public water supply enforcement action involving a St. Clair County facility, the Board ordered publication of the required newspaper notice.
Caseyville Sport Choice, LLC, an Illinois Limited Liability Company v. Erma I. Seiber, Administratrix of the Estate of James A. Seiber, Deceased, and Erma I. Seiber in her individual capacity – The Board found complainant’s alleged violations of the Board’s regulation and the Environmental Protection Act neither duplicative nor frivolous and accepted this citizen’s land enforcement action involving a St. Clair County facility for hearing.
Nokomis Oil Company v. IEPA – The Board accepted for hearing this underground storage tank appeal involving a Montgomery County facility.
R07-8
R07-17

ILLINOIS POLLUTION CONTROL BOARD

EETING MINUTES

NOVEMBER 1, 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 four Board Members answered present.

APPROVAL OF MINUTES

The minutes of the October 18, 2007 open meeting and October 25, 2007 closed deliberative

session were approved by a vote of 4-0.

RULEMAKINGS

R08-9

In The Matter of: Water Quality Standards and Effluent

Limitations for the Chicago Area Waterway System and the Lower

Des Plaines River: Proposed Amendments to 35 Ill. Adm. Code

301, 302, 303 and 304 – The Board accepted for hearing the

Illinois Environmental Protection Agency’s October 26, 2007

proposal to amend the Board’s water pollution control regulations.

The Board granted the motion to file a limited number of copies,

but reserved ruling on the motion to hold hearings in Chicago and

Joliet until the response time has run.

4-0

R, Water

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 – The Board granted petitioner’s motion to file

status report

instanter

and accepted the status report.

4-0

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 – The Board granted petitioner’s motion to

file status report

instanter

and accepted the status report.

4-0

Air

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 on

or before December 3, 2007, or the petition would be subject to

dismissal.

4-0

PWS

AS 08-4

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)

–

The Board directed petitioner to file the required certificate of

publication by November 30, 2007, or this petition will be

dismissed.

4-0

Land

ADMINISTRATIVE CITATIONS

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 008-7

County of Vermilion, Illinois v. Connie Yount – The Board

accepted an administrative citation against this Vermilion County

respondent.

AC 08-8

IEPA v. James and Mildred Taviner – The Board accepted an

administrative citation against these Williamson County

respondents.

AC 08-9

IEPA v. Gene and Elena Greenwood – The Board accepted an

administrative citation against these Calhoun 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. – The Board issued its final order having

previously found that that respondents violated the following

provisions of the Environmental Protection Act (Act) and the

Board’s regulations: Sections 12 (a) and (f) of the Act (415 ILCS

5/12(a) and (f) (2002)), and 35 Ill. Adm. Code 302.203, 304.105,

304.106, 305.102(b), 309.102(a), and 309.104(a). The Board

ordered the respondents to pay a total civil penalty of $153,000,

lifting the previous stay on payment. The Board also awarded

complainant $30,225 in attorney fees and $2,291.20 in costs, for a

total of $32,516.20.

4-0

W-E

PCB 96-143

People of the State of Illinois v. Michel Grain Company, Inc., a/k/a

Michel Fertilizer, Caryle Michel and Ronnie Todd and Ronnie

Todd Land Trust – 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

facilities located in Jefferson and Hamilton Counties, the Board

ordered publication of the required newspaper notice.

4-0

W-E

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 05-202

People of the State of Illinois v. Phoenix Finishing, Inc. – In this air

enforcement action concerning a DuPage 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)),

and accepted a stipulation and settlement agreement, ordering the

respondent to pay a total civil penalty of $2,000, and to cease and

desist from further violations.

4-0

A-E

PCB 06-82

People of the State of Ilinois v. Barger Engineering, Inc. – No

action taken.

W-E

PCB 07-23

People of the State of Illinois v. Greg Giertz d/b/a Giertz Swine

Farm #1 – 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

Mercer County facility, the Board ordered publication of the

required newspaper notice.

4-0

W-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

PCB 07-85

TT-Town Drive Thru, Inc. v. IEPA – No action taken.

UST Appeal

PCB 07-123

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

IEPA – The Board granted petitioner’s motion for a partial stay of

the construction permit.

4-0

PA-Air

PCB 07-133

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

the State of Illinois v. Thomas P. Mathews – The Board granted

complainant’s motion in part, and struck the first four of the five

alleged affirmative defenses set forth in respondent’s answer. The

Board denied the complainant’s motion to strike respondent’s

asserted laches defense.

4-0

A, N, W-E

PCB 07-135

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

#1) – No action taken.

A, N, W-E

PCB 08-29

People of the State of Illinois v. Gateway Bobcat of Herberer

Equipment Co., Inc. d/b/a Bobcat of St. Louis – Upon receipt of a

proposed stipulation and settlement agreement and an agreed

motion to request relief from the hearing requirement in this public

water supply enforcement action involving a St. Clair County

facility, the Board ordered publication of the required newspaper

notice.

4-0

W-E

PCB 08-30

Caseyville Sport Choice, LLC, an Illinois Limited Liability

Company v. Erma I. Seiber, Administratrix of the Estate of James

A. Seiber, Deceased, and Erma I. Seiber in her individual capacity

– The Board found complainant’s alleged violations of the Board’s

regulation and the Environmental Protection Act neither

duplicative nor frivolous and accepted this citizen’s land

enforcement action involving a St. Clair County facility for

hearing.

4-0

L-E

PCB 08-31

Nokomis Oil Company v. IEPA – The Board accepted for hearing

this underground storage tank appeal involving a Montgomery

County facility.

4-0

UST Appeal

CASES PENDING DECISION

R04-25

In the Matter of: Proposed Amendments to Dissolved Oxygen

Standard 35 Ill. Adm. Code 302.206

Water

R07-8

In the Matter of: Proposed Amendments to Solid Waste Landfill

Rules, 35 Ill. Adm. Code 810 and 811

Land

R07-17

In the Matter of: Amendments to the Board's Procedural Rules and

Underground Storage Tank Rules to Reflect P. A. 94-0274, P.A.

94-0276, P.A. 94-0824, P.A. 95--031, P.A. 95-0177, and P.A. 95-

0408 (35 Ill. Adm. Code 101.202, 732.103, 732.702, 634.115, and

734.710

Procedural,

Land

THER ITEMS

ADJOURNMENT

Moved and seconded, by a vote of, Chairman Girard adjourned the meeting at 11:23

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

the Board approved the above minutes on November 15, 2007, by a vote of 4-0.

John T. Therriault, Assistant Clerk

Illinois Pollution Control Board