through December 31, 2004) - The Board reserved this docket for a

routine identical-in-substance update. The update includes any

federal amendments which occurred during the period of July 1,

2004 through December 31, 2004.

 

 

ADJUSTED STANDARDS

 

AS 05-1

In the Matter of: Petition of SCA Tissue North America, L.L.C. for

an Adjusted Standard from 35 Ill. Adm. Code 218.301 and

218.302(c) – No action taken.

 

Air

 

ADMINISTRATIVE CITATIONS

 

AC 04-22

County of Vermilion, Illinois v. Village of Tilton – The Board

entered an interim opinion and order finding respondent violated

Sections 21(p)(3) of the Environmental Protection Act (415 ILCS

5/21(p)(3) (2002)) and assessing a penalty of $1,500. The Board

ordered the Clerk of the Board and the County of Vermilion to file

within 14 days a statement of hearing costs, supported by affidavit,

with service on respondent.

 

5-0

AC 04-46

IEPA v. Christopher Coleman – The Board entered a final opinion

and order requiring respondent to pay

 

hearing costs of the Illinois

Environmental Protection Agency and the Board in the amount of

$318.05 and a civil penalty of $3,000. This order follows the

Board's interim order of November 4, 2004, which found that this

respondent had violated Sections 21(p)(1) and 21(p)(7) of the

Environmental Protection Act (415 ILCS 5/21(p)(1) and (p)(7)

(2002)) at his Union County facility.

 

5-0

AC 05-32

IEPA v. James A. Haas, Jr. – The Board dismissed the December 3,

2004 petition for review as untimely filed. The Board found that

this Sangamon County respondent violated Section 21(p)(1) of the

Environmental Protection Act (415 ILCS 5/21(p)(1) (2002)), and

ordered respondent to pay a civil penalty of $3,000

.

 

5-0

3

---

 

AC 05-42

IEPA v. Knox County Landfill Committee and Greg Ingle – The

Board accepted an administrative citation against these Knox

County respondents.

 

AC 05-43

County of Macon, Illinois v. David Beck – The Board accepted an

administrative citation against this Macon County respondent.

 

 

 

 

ADJUDICATORY CASES

 

Decisions

PCB 04-224

People of the State of Illinois v. Heritage FS, Inc. – In this water

enforcement action concerning a Kankakee 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)

(2002)), accepted a stipulation and settlement agreement, and

ordered the respondent to pay a total civil penalty of $10,000 and to

cease and desist from further violations.

 

5-0

W-E

PCB 05-75

People of the State of Illinois v. Dennis Elahi d/b/a Paramount

Management and Construction Company – In this air enforcement

action concerning a Cook 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) (2002)),

accepted a stipulation and settlement agreement, and ordered the

respondent to pay a total civil penalty of $30,000 and to cease and

desist from further violations.

 

 

5-0

A-E

 

4

---

 

Motions and Other Matters

 

 

 

PCB 96-98

People of the State of Illinois v. Skokie Valley Asphalt Co., Inc.,

and Richard J. Frederick – The Board denied complainant’s motion

to void the Board’s October 21, 2004 order. The stay of the

$153,000 civil penalty imposed in the September 2, 2004 order will

remain in effect until the Board issues a final order in this matter.

In that final order, the Board will lift the stay, direct the

respondents to pay the civil penalty and address the issue of

attorney fees and costs. The respondents are hereby given until

January 13, 2005 to respond to the complainant’s request for

attorney fees and costs.

 

5-0

W-E

PCB 97-2

People of the State of Illinois v. Jersey Sanitation Corporation – No

action taken.

 

L&W-E

PCB 00-104

People of the State of Illinois v. The Highlands, L.L.C., Murphy

Farms, Inc. a/k/a Murphy Family Farms, and Bion Technologies,

Inc. – No action taken.

 

A-E

PCB 02-115

People of the State of Illinois v. Blue Ridge Construction

Corporation – The Board granted respondent’s motion to stay

enforcement of monetary penalty pending the outcome of the

appeal pending before the Appellate Court.

 

5-0

A&W-E

PCB 04-136

People of the State of Illinois v. Cromwell-Phoenix, Inc. – Upon

receipt of a proposed stipulation and settlement agreement and an

agreed motion to request relief from the hearing requirement in this

air enforcement action involving a Cook County facility, the Board

ordered publication of the required newspaper notice.

 

5-0

A-E

PCB 04-162

People of the State of Illinois v. Asbestos Control and

Environmental Services – No action taken.

 

A-E

5

---

 

PCB 04-183

PCB 04-190

(not cons.)

 

Johnson Oil Company v. IEPA – No action taken.

 

UST

Appeal

PCB 04-185

Midwest Generation EME, L.L.C. v. IEPA – No action taken.

T-S

Appeal

PCB 04-215

PCB 04-216

(not cons.)

Commonwealth Edison Company v. IEPA

Midwest Generation EME, L.L.C. v. IEPA – No action taken.

 

T-S

Appeal

PCB 05-29

Mather Investment Properties, L.L.C. v. Illinois State Trapshooters

Association, Inc. – No action taken.

 

Citizens

Land-E

 

PCB 05-45

United Parcel Service (Claim #1) 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 St. Clair County facility.

 

5-0

UST

Appeal

PCB 05-46

United Parcel Service (Claim #3) 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 St. Clair County facility.

 

5-0

UST

Appeal

PCB 05-47

United Parcel Service (Claim #2) 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 St. Clair County facility.

 

5-0

UST

Appeal

PCB 05-48

Illinois Ayers Oil Co. v. IEPA – No action taken.

 

UST

Appeal

6

---

 

PCB 05-49

Morton F. Dorothy v. Flex-N-Gate Corporation – No action taken.

 

A&L-E

PCB 05-51

People of the State of Illinois v. Randy Oldenberger d/b/a

Environmental Health and Safety – No action taken.

 

A-E

PCB 05-52

People of the State of Illinois v. Safe Lock Self Storage 2, LLC –

The Board granted complainant’s motion and accepted the amended

complaint in this water enforcement action involving a site located

in St. Clair County. The Board ordered publication of the required

newspaper notice upon receipt of a proposed stipulation and

settlement agreement and an agreed motion to request relief from

the hearing requirement.

 

5-0

W-E

 

PCB 05-93

York High Neighborhood Committee (a voluntary organization)

Janet and Fred Hodge, Patricia and David Bennett, Sheila and Mike

Trant, Joe Vosicky, Jean and Peter Conroy, Frank Soldano, Joseph

Reamer, Elizabeth and Charles Laliberte v. Elmhurst Public

Schools, District 205 – The Board held for a later

duplicative/frivolous determination this citizens’ noise enforcement

action involving a DuPage County facility.

  

Citizens

N-E

PCB 05-101

Mac’s Convenience Stores L.L.C. v. IEPA – The Board ordered

petitioner to file an amended petition to cure noted deficiencies by

February 5, 2005, or this matter will be dismissed.

5-0

UST

Appeal

PCB 05-104

L&M Pork Farm, Inc. (Property Identification Number 14-01-300-

005) v. IEPA – Upon receipt of the Illinois Environmental

Protection Agency’s recommendation, the Board found and

certified that specified facilities of L&M Pork Farm located in

Woodford County are pollution control facilities for the purpose of

preferential tax treatment under the Property Tax Code (35 ILCS

200/11-10 (2002)).

 

5-0

T-C

7

---

 

PCB 05-105

Burroughs AG Service, Inc.-Lostant (Property Identification

Number 31-27-307-000) v. IEPA – No action taken.

 

T-C

PCB 05-106

Sunrise AG Services Company (Property Identification Number 09-

11-200-002-0080) v. IEPA – Upon receipt of the Illinois

Environmental Protection Agency’s recommendation, the Board

found and certified that specified facilities of Sunrise AG Services

Company located in Mason County are pollution control facilities

for the purpose of preferential tax treatment under the Property Tax

Code (35 ILCS 200/11-10 (2002)).

 

5-0

T-C

PCB 05-107

Burroughs AG Service, Inc.-Wyoming (Property Identification

Number 05-29-300-007) v. IEPA – No action taken.

 

T-C

 

PCB 05-108

William Breuer 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 Washington County facility.

 

5-0

UST

Appeal

90-Day

Ext.

PCB 05-109

Paul Johnson, Inc. v. IEPA and City of Waterman, Illinois – The

Board accepted for hearing this water well setback request and

granted the motion for expedited decision in this matter involving a

DeKalb County facility.

 

5-0

WWS

PCB 05-110

People of the State of Illinois v. J. McDaniel, Inc. – The Board

accepted for hearing this water enforcement action involving a site

located in Vermilion County.

 

5-0

W-E

 

 

CASES PENDING DECISION

AS 04-3

In the Matter of: Petition by Hayden Wrecking Corporation for an

Adjusted Standard from 35 Ill. Adm. Code 620.410(a)

 

Novak

Water

8

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R05-1

In the Matter of: RCRA Subtitle D Update, USEPA Regulations

(January 1, 2004 through June 30, 2004) – Proposed Rule, Proposal

for Public Comment, Proposed Opinion and Order

 

Girard

R, Land

 

 

 

ADJOURNMENT

Moved and seconded, by a vote of

 

5-0, Chairman Novak adjourned the meeting at 11:25

a.m.

 

I, Dorothy M. Gunn, Clerk, of the Illinois Pollution Control Board, certify that the Board

approved the above minutes on January 6, 2005, by a vote of.

 

 

 

  

  

  

  

  

  

 

Dorothy

M.

Gunn,

Clerk

Illinois

Pollution

Control

Board

 

  

9