R06-27

In the Matter of: Amendments to 35 Ill. Adm. Code 201 (New

Section 201.501 PSD Construction Permits) – The Board granted

the Illinois Environmental Protection Agency’s motion to withdraw

this rulemaking proposal.

4-0

R, Air

R07-8

In the Matter of: Proposed Amendments to Solid Waste Landfill

Rules, 35 Ill. Adm. Code 810 and 811 – No action taken.

R, Land

ADJUSTED STANDARDS

AS 06-4

In the Matter of: Petition of Big River Zinc for an Adjusted

Standard Under 35 Ill. Adm. Code 720.131(c) – The Board granted

petitioner’s motion to expedite and accepted this St. Clair County

facility’s petition for a “waste delisting” adjusted standard from the

Board’s waste rules. The Board reserved ruling on whether to

request additional information or to order that a hearing be held

despite petitioner’s request for a hearing wavier.

4-0

Land

AS 07-1

In the Matter of: Petition of BP Products North America Inc. for an

Adjusted Standard Pursuant to 35 Ill. Adm. Code 720.122 –

Pending receipt of the certificate of publication, the Board held this

Madison County facility’s petition for an adjusted standard to delist

certain waste the Board’s rules under the Resource Conservation

and Recovery Act.

Land

ADMINISTRATIVE CITATIONS

AC 06-13

IEPA v. Lyndell Heinzmann – No action taken.

AC 06-50

IEPA v. Marla Leweis Gates, Mark Gates, and Mark Kingsley

Lewis – The Board ordered respondent Mark Gates to file an

amended petition to cure noted deficiencies postmarked on or

before September 5, 2006, or the matter would be subject to

dismissal. The Board also ordered complainant to file proof of

service regarding remaining respondents Marla Lewis Gates and

Mark Kingsley Lewis on or before September 5, 2006.

4-0

2

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AC 06-52

IEPA v. Charles L. Riggins – The Board found that this Fulton

County respondent violated Section 21(p)(1) of the Act (415 ILCS

5/21(p)(1) (2004)). Because this is a subsequent violation of

Section 21(p), respondent was ordered to pay a civil penalty of

$3,000

.

4-0

AC 06-53

County of Ogle v. George C. Heal – The Board accepted for

hearing this petition for review of an administrative citation against

this Ogle County respondent.

4-0

AC 06-55

County of Wayne v. Julian Buchanan – The Board found that this

Wayne County respondent violated Section 21(p)(1) of the Act

(415 ILCS 5/21(p)(1) (2004)), and ordered respondent to pay a civil

penalty of $1,500

.

4-0

AC 06-56

IEPA v. Lake Wildwind Park, L.L.C. – The Board accepted for

hearing this petition for review of an administrative citation against

this Woodford County respondent.

4-0

AC 06-57

IEPA v. Ron Lawver – The Board found that this Fulton County

respondent violated Section 21(p)(1) and (p)(7) of the Act (415

ILCS 5/21(p)(1), (p)(7) (2004)), and ordered respondents to pay a

civil penalty of $3,000

.

4-0

AC 07-4

IEPA v. Frank Wilhelm – The Board accepted an administrative

citation against this Macon County respondent.

3

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ADJUDICATORY CASES

Decisions

PCB 04-7

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

(2004)), and accepted a stipulation and settlement agreement,

ordering the respondent to pay a total civil penalty of $2,500, and

to cease and desist from further violations.

4-0

A-E

PCB 05-181

People of the State of Illinois v. Pattison Associates L.L.C. and

5701 South Calumet L.L.C. – 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) (2004)), 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

A-E

PCB 05-215

PCB 06-103

(cons.)

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

Schlichting & Sons Excavating, Inc.; People of the State of Illinois

v. First Rockford Group, 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

Schlichting & Sons Excavating, Inc. (Schlichting) only, ordering

Schlichting to pay a total civil penalty of $10,000, and to cease and

desist from further violations.

4-0

PWS-E

4

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PCB 06-191

People of the State of Illinois v. Louie’s Trenching Service, Inc.

and City of Galena – In this water enforcement action concerning a

Jo Daviess 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 respondents to

pay a total civil penalty of $9,000, and to cease and desist from

further violations.

4-0

W-E

Motions and Other Matters

PCB 96-98

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

Co., Inc. – No action taken.

W-E

PCB 02-79

People of the State of Illinois v. Walter F. Deemie d/b/a River City

Demolition – 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 Sangamon

County facility, the Board ordered publication of the required

newspaper notice.

4-0

A-E

PCB 02-215

Perfetti Van Melle USA, Inc. v. IEPA – The Board granted this

Lake County facility’s motion for voluntary dismissal of this permit

appeal.

4-0

P-A, Air

PCB 04-31

PCB 05-43

(cons.)

Broadus Oil v. IEPA – No action taken.

UST Fund

5

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PCB 04-107

People of the State of Illinois v. Peter Babaniotis – Upon receipt of

a proposed stipulation and settlement agreement and an agreed

motion to request relief from the hearing requirement in this land

and water enforcement action involving a Will County facility, the

Board ordered publication of the required newspaper notice.

4-0

L&W-E

PCB 04-215

Commonwealth Edison Company v. IEPA – No action taken.

T-S

Appeal

PCB 05-49

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

Citizens

A&L-E

PCB 05-203

People of the State of Illinois and Homewood Disposal Service,

Inc. – Upon receipt of a proposed stipulation and settlement

agreement and an agreed motion to request relief from the hearing

requirement in this land enforcement action involving a Cook

County facility, the Board ordered publication of the required

newspaper notice.

4-0

L-E

PCB 06-16

People of the State of Illinois v. Ogoco, Inc. – No action taken.

W-E

PCB 06-33

People of the State of Illinois v. J&S Companies, Inc. and First

Choice Construction, Inc. – No action taken.

L-E

PCB 06-53

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

taken.

W-V

PCB 06-141

Flagg Creek Water Reclamation District v. Village of Hinsdale,

Metropolitan Water Reclamation District of Greater Chicago,

Illinois Department of Transportation, and DuPage – No action

taken.

Citizens

W-E

PCB 06-171

American Bottom Conservancy v. IEPA and United States Steel

Corporation – Granite City Works – No action taken.

P-A,

NPDES

3d Party

6

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PCB 06-173

People of the State of Illinois v. First Country Homes, L.L.C. – No

action taken.

W-E

PCB 06-177

People of the State of Illinois v. Sheridan Sand & Gravel Co. – No

action taken.

L-E

PCB 06-182

People of the State of Illinois v. Kirsea Builders, Inc. - 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 Will County facility, the

Board ordered publication of the required newspaper notice.

4-0

W-E

PCB 07-4

People of the State of Illinois v. Village of Tinley Park – 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 Cook County facility, the

Board ordered publication of the required newspaper notice.

4-0

W-E

PCB 07-5

City of Des Plaines (Former A&K Mini Mart) 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.

4-0

UST

Appeal

90-Day

Ext.

PCB 07-6

J.D. Streett & Company, Inc. v. IEPA – The Board ordered

petitioner to file an amended petition to cure noted deficiencies

postmarked on or before September 5, 2006, or the matter would

subject to dismissal.

4-0

UST

Appeal

PCB 07-7

People of the State of Illinois v. City of Belvidere and CES, Inc. –

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 Boone County facility,

the Board ordered publication of the required newspaper notice.

4-0

W-E

7

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CASES PENDING DECISION

R06-19

In the Matter of: Clean Construction or Demolition Debris Fill

Operations Under P.A. 94-272 (35 Ill. Adm. Code 1100) – Adopted

Rule, Final Order, Opinion and Order (due 8/17)

R, PWS

R06-23

In the Matter of: Standards and Requirements for Potable Water

Well Surveys and for Community Relations Activities Performed in

Conjunction with Agency Notices of Threats from Contamination

Under P.A. 94-314: New 35 Ill. Adm. Code Part 1505 – Adopted

Rule, Final Order, Opinion and Order (due 9/7)

R, PWS

ADJOURNMENT

Moved and seconded, by a vote of 4-0, Chairman Girard adjourned the meeting at 2:05

p.m.

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

approved the above minutes on August 18, 2006, by a vote of 4-0.

Dorothy M. Gunn, Clerk

Illinois Pollution Control Board

8