RULEMAKINGS

R09-10

In the Matter of: Amendments to 35 Ill. Adm. Code 225:

Control of Emissions From Large Combustion Sources

(Mercury) – The Board accepted for hearing the petitioners’

October 3, 2008 proposal to amend the Board’s air pollution

control regulations. The Board also granted the motions to waive

copy requirement and for expedited consideration, directing first

notice publication of the proposal in the Illinois Register without

comment on its merits.

4-0

Air

R09-11

In the Matter of: Proposed Site Specific Rule Applicable to the

City of Galva Sewage Treatment Plants Discharge to Edwards

River and Mud Run Creek, 35 Ill. Adm. Code 302.208(g) – No

action taken.

Water

A

DJUSTED STANDARDS

AS 07-6

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

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

Board granted petitioner’s motion to amend the petition for an

adjusted standard, but reserved ruling on petition sufficiency

until the stay is lifted.

4-0

Land

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) – No action

taken.

Land

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

granted an adjusted standard, subject to conditions to Nobel

Risley for the closed landfill site in South Central Illinois, near

the City of Benton, in rural Franklin County.

4-0

PWS

AS 09-1

In the Matter of: Petition of Ameren Energy Generating

Company for Adjusted Standards from 35 Ill. Adm. Code Parts

811, 814, and 815 (Hutsonville Power Station) – No action taken.

Land

2

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A

DMINISTRATIVE CITATIONS

AC 08-28

IEPA v. Joseph Cosentino and Rob Pinski

– No action taken.

AC 08-31

IEPA v. Upper Rock Island County Landfill and Dave Geier –

No action taken.

AC 08-32

IEPA v. Joseph Flick – No action taken.

AC 08-34

IEPA v. Joseph Combs – No action taken.

AC 08-36

IEPA v. Charles F. Kinsel – No action taken.

AC 08-38

County of Vermilion, Illinois v. Illinois Landfill, Inc.

– The

Board found that this respondent violated Section 21(o)(12) of

the Act (415 ILCS 5/21(o)(12) (2006)), assessing a penalty of

$500 in this administrative citation involving a

Vermilion County facility.

4-0

AC 09-2

IEPA v. Theodore & Elizabeth Hollenbeak and Hollenbeak

Concrete, Inc.– The Board accepted Theodore Hollenbeak’s

petition for review, but directed Elizabeth Hollembeak and

Hollembeak Concrete to file an amended petition through an

attorney-at-law to cure deficiencies within 14 days.

4-0

AC 09-9

County of Jackson v. Alvin Valdez and Ruben J. Valdez – The

Board accepted for hearing respondents’ amended petitions for

review of this administrative citation involving a Jackson County

facility.

4-0

AC 09-14

IEPA v. Reynolds Service Co. – No action taken.

AC 09-16

IEPA v. Mid-American Machinery Company – The Board

granted complainant’s motion for withdrawal of this

administrative citation and closed the docket.

4-0

AC 09-17

IEPA v. John Kraushaar, Jr. and Kyle Kraushaar

– The Board

accepted an administrative citation against these Greene County

respondents.

AC 09-18

IEPA v. Troy Voss and Shirley Voss – The Board accepted an

administrative citation against these Henry County respondents.

AC 09-19

IEPA v. Donald G. Wilkey – The Board accepted an

administrative citation against this Jefferson County respondent.

3

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AC 09-20

IEPA v. Charles Kissick – The Board accepted an administrative

citation against this Morgan County respondent.

AC 09-21

IEPA v. Darrell Knox – The Board accepted an administrative

citation against this Morgan County respondent.

AC 09-22

IEPA v. Bradley & Carol Corzine – The Board accepted an

administrative citation against these Union County respondents.

A

DJUDICATORY CASES

PCB 05-35

Kibler Development Corporation and Marion Ridge Landfill, Inc.

v. IEPA – No action taken.

P-A,

Air

PCB 06-192

People of the State of Illinois v. Larry Bielfeldt – In this water

enforcement action concerning a McLean 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

$12,500, and to cease and desist from further violations.

4-0

W-E

PCB 07-43

Kibler Development Corporation and Marion Ridge Landfill, Inc.

v. IEPA – No action taken.

P-A,

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 07-96

Kyle Nash v. Karen Sokolowski

– No action taken.

Citizens

N-E

PCB 07-97

Kyle Nash v. Louis Jimenez

– No action taken.

Citizens

N-E

PCB 07-104

People of the State of Illinois v. Washington Trails Edge, LLC

–

In this water enforcement action concerning a Tazewell County

facility, the Board granted relief from the hearing requirement of

Section 31(c)(1) of the Environmental Protection Act (415 ILCS

4-0

W-E

4

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5/31(c)(1) (2006)), and accepted a stipulation and settlement

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

$21,000, and to cease and desist from further violations.

PCB 07-146

Fox Moraine, LLC v. United City of Yorkville, City Council –

No action taken.

PCFSR, Land

PCB 08-52

People of the State of Illinois v. Dr. Charles R. Boyce, d/b/a

Chatham Veterinary Clinic

–

Upon receipt of a proposed

stipulation and settlement agreements and an agreed motion to

request relief from the hearing requirement in this water

enforcement action involving a Sangamon County facility, the

Board ordered publication of the required newspaper notice.

4-0

A, L, PIMW-E

PCB 08-87

People of the State of Illinois v. Steve Soderberg d/b/a Steve's

Concrete and Excavating

–

No action taken.

L-E

PCB 08-92

People of the State of Illinois v. Advantage National Bancorp, Inc

and Vacala Construction, Inc.

–

In this water 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) (2006)), and

accepted a stipulation and settlement agreement, ordering the

respondents to pay a total civil penalty of $20,000, and to cease

and desist from further violations.

4-0

W-E

PCB 09-5

People of the State of Illinois v. Alden Bennett Construction

Company, Inc. and Bloomingdale Horizon I Limited Partnership

–

Upon receipt of a proposed stipulation and settlement

agreements and agreed motions to request relief from the hearing

requirement in this land enforcement action involving a DuPage

County facility, the Board ordered publication of the required

newspaper notice.

4-0

L-E

5

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PCB 09-8

People of the State of Illinois v. Lenzini Excavating Company –

In this water 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) (2006)), and accepted a stipulation and settlement

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

$10,000, and to cease and desist from further violations.

4-0

W-E

PCB 09-10

Joseph & Victoria Morrissey v. Geoff Pahios, Alpine Automotive

–

No action taken.

Citizens,

N-E

PCB 09-16

People of the State of IIlinois v. MII, Inc.–Referred to Hearing

Officer for disposition.

4-0

L, N-E

PCB 09-24

People of the State of Illinois v. Dennis Lahood, d/b/a

Villeneauve Subdivision – The Board accepted for hearing this

water enforcement action involving a site located in Tazewell

County.

4-0

W-E

PCB 09-25

City of Joliet v. IEPA –. The Board accepted for hearing this

permit appeal involving a site located in Well County.

4-0

P-A, Water

PCB 09-26

People of the State of Illinois v. Triple A Asbestos Service, Inc.,

– Upon receipt of a proposed stipulation and settlement

agreements and agreed motions to request relief from the hearing

requirement in this air enforcement action involving a Madison

County facility, the Board ordered publication of the required

newspaper notice.

4-0

A-E

PCB 09-27

People of the State of Illinois v. Richard King, Kay King, and

Isaac King – The Board accepted for hearing this air enforcement

action involving a site located in Sangamon County.

4-0

A-E

PCB 09-28

Huffman's Service v. IEPA – The Board granted this request for a

90-day extension of time to file an underground storage tank

appeal on behalf of this Alexander County facility.

4-0

UST Appeal,

90-Day

Extension

PCB 09-29

People of the State of Illinois v. Kaplan Development and

Investment Company – The Board accepted for hearing this water

enforcement action involving a site located in St. Clair County.

4-0

W-E

6

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C

ASES PENDING DECISION

R08-5

Wastewater Pretreatment Update, USEPA Amendments (January 1, 2007

through June 30, 2007)

•

Adopted Rule, Final Opinion and Order

O

THER ITEMS

The Board granted the Chairman’s motion to cancel the Thursday, July

9, 2009 Board Meeting.

4-0

The Board granted Chairman’s motion to change the 11:00 am April 2,

2009 Board Meeting from one only held in Chicago to an 11:00 am

Videoconference meeting in the Board’s Chicago and Springfield offices

(James R. Thompson Center, 100 West Randolph, Suite 11-512,

Chicago, Il. and 1021 N. Grand Ave. East, Room 1244N, First Floor,

Springfield, Il.)

4-0

The Board granted Chairman’s motion for approval of proposed, Closed

Deliberative Board Meeting Schedule for Calendar Year 2009:

January

15, 29, February 26, March 12, 26, April 9, 23, 30, May 14, 28, June

11,25, July 9, 16, 30, August 13, 27, September 10, 24, October 8, 22,

29, November 12, and December 10, 31

4-0

ADJOURNMENT

Moved and seconded, by a vote of 4-0, Chairman Girard adjourned the meeting at 3:25 p.m

.

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

Board approved the above minutes on November 20, 2008, by a vote of 4-0.

John T. Therriault, Assistant Clerk

Illinois Pollution Control Board

7