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

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ILLINOIS POLLUTION CONTROL BOARD

MEETING MINUTES

November 3, 2005

Chicago/Springfield Videoconference

CHICAGO OFFICE - 100 W. Randolph Street

Videoconference Room 11-512

SPRINGFIELD OFFICE – 1021 N. Grand Avenue East

Oliver Holmes Conference Room 2012 N – Second Floor

ANNOUNCEMENTS

After calling the meeting to order, Chairman Novak welcomed members of the public and staff.

The Clerk of the Board called the roll.

All Board Members answered present.

APPROVAL OF MINUTES

Minutes of the October 20, 2005 meeting were approved by a vote of 5-0.

RULEMAKINGS

In the Matter of: Proposed Site-Specific Perlite Waste Disposal

Regulation Applicable to Silbrico Corporation (35 Ill. Adm. Code

Part 810) – No action taken.

In the Matter of: Proposal of Vaughan & Bushnell Manufacturing

Company of Amendment to a Site Specific Rule 35 Ill. Adm. Code

901.121 – No action taken.

ADJUSTED STANDARDS

ADMINISTRATIVE CITATIONS

County of Kankakee v. South Holland Trust #10897 and John &

Ella Hall – No action taken.

IEPA v. Lyndell Heinzman – The Board accepted an administrative

citation against this Marion County respondent.

County of Jackson v. Rocky Lee Morse – The Board accepted an

administrative citation against this Jackson County respondent.

IEPA v. Allen Noltensmeier – The Board accepted an

administrative citation against this Mason County respondent.

ADJUDICATORY CASES

People of the State of Illinois v. First Rockford Group, Inc., Village

of Cherry Valley, Heritage Engineering, Ltd., and Schlichting &

Sons Excavating, Inc. – In this public water supply enforcement

action concerning a Winnebago 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)),

accepted a stipulation and settlement agreement as to Heritage

Engineering, Ltd. only, and ordered the respondent to pay a total

civil penalty of $2,500 and to cease and desist from further

Motions and Other Matters

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

Illinois corporation, 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. – No action taken.

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

Farms, Inc. – No action taken.

People of the State of Illinois v. Saint-Gobain Containers, Inc. – No

Freedom Oil Company v. IEPA – No action taken.

People of the State of Illinois v. Community Landfill Company,

Inc. and the City of Morris – No action taken.

People of the State of Illinois v. 4832 S. Vincennes, L.P. and

Batteast Construction Company, Inc. – No action taken.

Village of Robbins and Allied Waste Transportation, Inc. v. IEPA –

No action taken.

Des Plaines River Watershed Alliance, Livable Communities

Alliance, Prairie Rivers Network, and Sierra Club v. IEPA and

Village of New Lenox – No action taken.

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

People of the State of Illinois v. Smithfield, L.L.C., Wooten

Construction, Ltd., and Chicago Sun-Times, Inc. – Upon receipt of

a proposed stipulation and settlement agreement as to the Chicago

Sun-Times, Inc. only, and an agreed motion to request relief from

the hearing requirement in this land and water enforcement action

involving a Cook County facility, the Board ordered publication of

the required newspaper notice.

Commonwealth Edison Company v. IEPA – No action taken.

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

People of the State of Illinois v. James Zeller, Thomas Zeller, and

Matthew Short – Upon receipt of a proposed stipulation and

settlement agreement and an agreed motion to request relief from

the hearing requirement in this air and land enforcement action

involving a Williamson County facility, the Board ordered

publication of the required newspaper notice.

Grand Pier Center L.LC. American International Specialty Lines

Insurance Co. as subrogee of Grand Pier Center L.LC, v. River East

L.L.C., Chicago Dock and Canal Trust, Chicago Dock and Canal

Company, and Kerr-McGee Chemical L.L.C. – No action taken.

Vernon and Elaine Zohfeld v. Robert Drake, Wabash Valley

Service Company, Michael J. Pfister, Noah D. Horton and Steve

Kinder – No action taken.

Silbrico Corporation v. IEPA – No action taken.

E&L Trucking Company v. IEPA – The Board granted

respondent’s motion in part. Petitioner was directed to file an

amended petition to cure noted deficiencies within 30 days from the

date of this order, or the Board will dismiss this matter.

C&F Packing Company, Inc. v. IEPA and Lake County – No action

CASES PENDING DECISION

In the Matter of: Proposed Amendments to Regulation of

Petroleum Leaking Underground Storage Tanks (35 Ill. Adm. Code

732); In the Matter of: Regulation of Petroleum Leaking

Underground Storage Tanks (Proposed New 35 Ill. Adm. Code

734) – Proposed Rule, Second Notice, Opinion and Order

In the Matter of: Setback Zone for City of Marquette Heights

Community Water Supply, New 35 Ill. Adm. Code 618 – Proposed

Rule, First Notice, Opinion and Order

OTHER ITEMS

ADJOURNMENT

Moved and seconded, by a vote of 5-0, Chairman Novak adjourned the meeting at 11:20

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

approved the above minutes on November 17, 2005, by a vote of 4-0.