R07-8

In the Matter of: Proposed Amendments to Solid Waste Landfill

Rules, 35 Ill. Adm. Code 810 and 811 – The Board accepted for

hearing petitioner’s February 7, 2006 proposal to amend the

Board’s land pollution control regulations. The Board granted

petitioner’s motions to waive requirements to submit 200 signatures

and to file copies of materials to be incorporated by reference. The

Board also requested that petitioner address two informational

deficiencies noted in writing prior to any hearing scheduled in this

proceeding at such time as directed by the hearing officer.

4-0

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 ordered

petitioner to file an amended petition to cure noted deficiencies

postmarked on or before September 15, 2006, or the matter would

be subject to dismissal.

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 – No

action taken.

Land

ADMINISTRATIVE CITATIONS

AC 06-13

IEPA v. Lyndell Heinzmann – In response to a joint stipulation and

settlement agreement in this administrative citation action involving

a Marion County facility, the Board found that respondent had

violated Section 21(p)(3) of the Environmental Protection Act (Act)

(415 ILCS 5/21(p)(3) (2004)) and ordered this respondent to pay a

civil penalty of $1,500. The Board also granted the parties’ joint

motion to dismiss respondent’s petition for review, as well as the

violation of 415 ILCS 5/21(p) (1), (p)(2) (2004) alleged in the

administrative citation.

4-0

AC 06-51

IEPA v. Clifford Lawson – The Board granted complainant’s

motion to withdraw this administrative citation.

4-0

AC 06-58

County of Ogle v. Francis Case – The Board found that this Ogle

4-0

2

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County respondent violated Section 21(p)(1) and (p)(3) of the Act

(415 ILCS 5/21(p)(1), (p)(3) (2004)), and ordered respondent to

pay a civil penalty of $3,000

.

AC 07-1

IEPA v. John Spoede – The Board granted complainant’s motion

for voluntary dismissal of this administrative citation.

4-0

AC 07-3

County of Perry v. Mike Tilley – The Board dismissed this

administrative citation for lack of jurisdiction, due to the County’s

failure to timely serve the administrative citation on respondent.

4-0

AC 07-5

IEPA v. Allen and Lois Noltensmeier – The Board accepted an

administrative citation against these Mason County respondents.

AC 07-6

IEPA v. Landfill 33 Ltd., Richard Deibel, and Brian Hayes – The

Board accepted an administrative citation against these

Effingham County respondents.

AC 07-7

IEPA v. Matthew P. Bailey – The Board accepted an administrative

citation against this Wayne County respondent.

ADJUDICATORY CASES

Decisions

PCB 06-54

People of the State of Illinois v. Webb AG, Inc. – In this land

enforcement action concerning a Fulton 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 $15,000, and to cease and

desist from further violations.

4-0

L-E

3

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PCB 06-136

People of the State of Illinois v. D&L Landfill, Inc. – In this land

enforcement action concerning a Bond 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 $13,250, and to cease and

desist from further violations.

4-0

L-E

PCB 06-151

People of the State of Illinois v. Big River Zinc Corporation and

Allied Waste Transportation, Inc. d/b/a Midwest Waste – In this

land enforcement action concerning a St. Clair 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 Big

River Zinc Corporation (Big River Zinc) only, ordering Big River

Zinc to pay a total civil penalty of $18,000, and to cease and desist

from further violations.

4-0

L-E

PCB 07-2

People of the State of Illinois v. Meijer Stores Limited Partnership

and Rockford Construction Co. – 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) (2004)), and accepted a

stipulation and settlement agreement, ordering the respondents to

pay a total civil penalty of $85,000, 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

4

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PCB 04-31

PCB 05-43

(cons.)

Broadus Oil v. IEPA – No action taken.

UST Fund

PCB 04-185

Midwest Generation EME, L.L.C v. IEPA – The Bard granted the

parties’ motion to extend the stay until December 4, 2006.

4-0

T-S

Appeal

PCB 04-215

Commonwealth Edison Company v. IEPA – The Bard granted the

parties’ motion to extend the stay until December 4, 2006.

4-0

T-S

Appeal

PCB 04-216

Midwest Generation EME, L.L.C. v. IEPA – The Bard granted the

parties’ motion to extend the stay until December 4, 2006.

4-0

T-S

Appeal

PCB 05-49

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

Citizens

A&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. – In response to complainant’s motion

for remedies and civil penalties, the Board entered an opinion and

order requiring respondent J&S Companies, Inc. to pay a total civil

penalty of $25,000 and to cease and desist from further violations.

This order follows the Board's order of June 15, 2004, which found

that this respondent had violated Sections 21(a), (d)(1), (e), and (1)

and (7) of the Environmental Protection Act as alleged in

complainant’s two-count complaint (415 ILCS 5/21(a), (d)(1), (e),

(p)(1) and (7) (2004)).

3-1

Johnson

dissented

L-E

5

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PCB 06-53

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

taken.

W-V

PCB 06-117

People of the State of Illinois v. Saline County Landfill, 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 Saline County facility,

the Board ordered publication of the required newspaper notice.

4-0

L-E

PCB 06-131

Wesley Brazas, Jr. v. Mr. Jeff Magnussen, President, Village of

Hampshire and IEPA – The Board acknowledged the filing of

objections by the counsel of Charles St. George to the Board’s July

6, 2006 order affirming the permit as issued. But, the Board will

not consider or address the merits of the arguments, as Mr. St.

George is not a party. The objection does not stay the time for the

filing of any party’s appeal under 35 Ill. Adm. Code 101.502(c).

4-0

P-A, Water

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 06-163

The Theodore Kosloff Trust (as formed by the irrevocable

Agreement of Trust of Theodore Kosloff, dated December 6, 1989,

for Rachel Kosloff and Abigail Kosloff v. A&B Wireform

Corporation – No action taken.

L-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

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

6

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PCB 06-183

People of the State of Illinois v. Lazar Brothers Trucking, 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 Kane County facility,

the Board ordered publication of the required newspaper notice.

4-0

W-E

PCB 07-8

People of the State of Illinois v. The City of Harvey – 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 07-9

K.A. Steel Chemical, Inc. v. IEPA – The Board accepted for

hearing this permit appeal involving a Cook County facility.

4-0

P-A,

NPDES

PCB 07-10

Citgo Petroleum Corporation v. IEPA – The Board accepted for

hearing this permit appeal involving a Will County facility.

4-0

P-A,

NPDES

CASES PENDING DECISION

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

PCB 06-137

City of Springfield, Illinois v. IEPA – (due 9/27)

Melas

W-V

7

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ADJOURNMENT

Moved and seconded, by a vote of 4-0, Chairman Girard 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 September 7, 2006, by a vote of 4-0.

Dorothy M. Gunn, Clerk

Illinois Pollution Control Board

8