RULEMAKINGS

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

R09-19

In the Matter of: Clean-up Amendments to 35 Ill. Adm. Code

Part 243 – No action taken.

Air

A

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

granted petitioner’s motion to stay this adjusted standard

proceeding through June 4, 2009.

5-0

Water

AS 08-5

In the Matter of: Petition of BFI Waste Systems of North

America, Inc. for Waste Delisting – The Board granted an

adjusted standard to BFI Waste Systems for its Davis Junction

Landfill in Ogle County, Illinois, subject to conditions.

5-0

Land

AS 09-2

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

A

DMINISTRATIVE CITATIONS

AC 08-31

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

The Board granted the Illinois Environmental Protection

Agency’s motion to reconsider, vacated the September 4, 2008

order, and entered a default order against respondents. The

Board found that these respondents violated Sections 21(o)(5)

and (o)(12) of the Environmental Protection Act (415 ILCS

5/21(o)(5), (o)(12) (2006)), assessing a penalty of $1,000 in this

administrative citation involving a Rock Island County facility.

5-0

2

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AC 08-32

IEPA v. Joseph Flick – The Board granted the Illinois

Environmental Protection Agency’s motion to reconsider,

vacated the September 4, 2008 order, and entered a default order

against this respondent. The Board found that respondent

violated Sections 21(p)(1) and (p)(7) of the Environmental

Protection Act (415 ILCS 5/21(p)(1), (p)(7) (2006)), assessing a

penalty of $3,000 in this administrative citation involving a

Union County facility.

5-0

AC 08-34

IEPA v. Joseph Combs – The Board granted the Illinois

Environmental Protection Agency’s motion to reconsider,

vacated the September 4, 2008 order, and entered a default order

against this respondent. The Board found that respondent

violated Sections 21(p)(1) and (p)(7) of the Environmental

Protection Act (415 ILCS 5/21(p)(1), (p)(7) (2006)) in this

administrative citation involving a Greene County facility.

Because this administrative citation addresses second or

subsequent adjudicated violations of Sections 21(p)(1) and (p)(7)

by Combs, the total civil penalty is $6,000.

See

IEPA v. Joseph

Combs, AC 07-60, slip op. at 2 (July 12, 2005).

5-0

AC 08-36

IEPA v. Charles F. Kinsel – The Board granted the Illinois

Environmental Protection Agency’s motion to reconsider,

vacated the September 16, 2008 order, and entered a default

order against this respondent. The Board found that respondent

violated Sections 21(p)(1) and (p)(7) of the Environmental

Protection Act (415 ILCS 5/21(p)(1), (p)(7) (2006)) in this

administrative citation involving a Fulton County facility.

Because this administrative citation addresses a subsequent

adjudicated violation of Section 21(p)(1) by Kinsel, as well as a

violation of Section 21(p)(7), the total civil penalty is $4,500.

See

,

e.g.

, IEPA v. Charles F. Kinsel

, AC 07-9, slip op. at 2 (Oct.

5, 2006).

5-0

AC 09-2

IEPA v. Theodore & Elizabeth Hollenbeak and Hollenbeak

Concrete, Inc. – The Board found that Elizabeth Hollenbeak and

Hollenbeak Concrete defaulted by failing to timely to file an

amended petition. The Board withheld issuing a final order

regarding Elizabeth Hollembeak and Hollembeak Concrete, Inc.

until the Board makes its final decision regarding Theodore

Hollembeak. The Board directed the hearing officer to proceed

expeditiously to hearing on the previously accepted petition for

review filed by Theodore Hollembeak.

5-0

3

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AC 09-14

IEPA v. Reynolds Service Co. – The Board found that

respondent’s petition was untimely, denied respondent’s motion

to clarify, and entered a default order against respondent. The

Board found that respondent violated Sections 21(p)(1), (p)(5),

and (p)(7) of the Environmental Protection Act (415 ILCS

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

in this administrative citation involving a Union County facility.

5-0

AC 09-19

IEPA v. Donald G. Wilkey – The Board accepted for hearing

respondent’s petition for review of this administrative citation

involving a Jefferson County facility.

5-0

AC 09-20

IEPA v. Charles Kissick – The Board found that respondent

violated Sections 21(p)(1) and (p)(7) of the Environmental

Protection Act (415 ILCS 5/21(p)(1), (p)(7) (2006)), assessing a

penalty of $3,000 in this administrative citation involving a

Morgan County facility.

5-0

AC 09-21

IEPA v. Darrell Knox – The Board found that respondent

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

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

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

facility.

5-0

AC 09-24

IEPA v. Quinn & Glenna Hunley – The Board accepted an

administrative citation against these Edwards County

respondents.

AC 09-25

IEPA v. Gilbert and Mary Codgill Estate, c/o William Codgill,

Executor – The Board accepted an administrative citation against

these Lawrence County respondents.

A

DJUDICATORY CASES

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

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PCB 07-70

People of the State of Illinois v. J. B. Timmermann Farms, Ltd., –

No action taken.

W-E

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 08-52

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

Chatham Veterinary Clinic – In this, land, air and potentially

infectious medical waste enforcement action concerning a

Sangamon 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 $7,100, and to cease and desist from

further violations.

5-0

L-E

PCB 08-86

City of Quincy v. IEPA – No action taken.

P-A, Water

PCB 08-87

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

Concrete and Excavating

–

No action taken.

W-E

PCB 08-96

United City of Yorkville v. Hamman Farms – No action taken.

Citizens

A, L, W-E

PCB 09-21

Ameren Energy Generating Company, Amerenenergy Resources

Generating Company, and Electric Energy, Inc. v. IEPA – No

action taken.

A-V

PCB 09-26

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

– In this air enforcement action concerning a Madison 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

$20,750, and to cease and desist from further violations.

5-0

A-E

PCB 09-33

S & D Realty, Inc. 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 Cook County facility.

5-0

UST Appeal,

90-Day

Extension

5

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PCB 09-34

Intermart, Inc. v. IEPA – The Board accepted for hearing this

underground storage tank appeal involving a site located in Kane

County.

5-0

UST Appeal

PCB 09-35

People of the State of IL v. James Buysee, d/b/a J & B

Landscaping – The Board accepted for hearing this water

enforcement action involving a site located in Henderson County.

5-0

W-E

PCB 09-36

Apollo Plastics Corporation v IEPA – No action taken.

5-0

P-A, Air

PCB 09-37

Simons Auto Service Center 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 St. Clair County facility.

5-0

UST Appeal,

90-Day

Extension

C

ASES PENDING DECISION

R08-7

R08-13

SDWA Update, USEPA Amendments (January 1, 2007 through June 30,

2007)

SDWA Update, USEPA Amendments (July 1, 2007 through December

31, 2007)

•

Adopted Rule, Final Opinion and Order

PWS

AS 08-8

In the Matter of: Petition of Citgo Petroleum Corporation and PDV

Midwest Refining, L.L.C. for Adjusted Standard from Ammonia

Nitrogen Discharge Levels at 35 Ill. Adm. Code 304.122

Water

R08-7

R08-13

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

and Excavating

W-E

O

THER ITEMS

6

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7

ADJOURNMENT

Moved and seconded, by a vote of 5-0, Chairman Girard adjourned the meeting at 11:21 a.m

.

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

Board approved the above minutes on December 18, 2008, by a vote of.

John T. Therriault, Assistant Clerk

Illinois Pollution Control Board