R07-1

Definition of VOM Update, USEPA Amendments (January 1, 2006

through June 30, 2006) – The Board dismissed this reserved

identical-in-substance docket because the United States

Environmental Protection Agency did not amend its volatile

organic emission regulations during the update period of January 1,

2006 through June 30, 2006.

4-0

R, Air

R07-3

UIC Update, USEPA Amendments (January 1, 2006 through June

30, 2006) – The Board dismissed this reserved identical-in-

substance docket because the United States Environmental

Protection Agency did not amend its underground injection control

regulations during the update period of January 1, 2006 through

June 30, 2006.

4-0

R, Land

R07-4

RCRA Subtitle D (Municipal Solid Waste Landfill) Update,

USEPA Amendments (January 1, 2006 through June 30, 2006) –

The Board dismissed this reserved identical-in-substance docket

because the United States Environmental Protection Agency did not

amend its municipal solid waste landfill regulations during the

update period of January 1, 2006 through June 30, 2006.

4-0

R, Land

R07-6

UST Update, USEPA Amendments (January 1, 2006 through June

30, 2006) – The Board dismissed this reserved identical-in-

substance docket because the United States Environmental

Protection Agency did not amend its underground storage tank

regulations during the update period of January 1, 2006 through

June 30, 2006.

4-0

R, Land

R07-7

Wastewater Pretreatment Update, USEPA Amendments (January 1,

4-0

2006 through June 30, 2006) – The Board dismissed this reserved

identical-in-substance docket because the United States

Environmental Protection Agency did not amend its wastewater

pretreatment regulations during the update period of January 1,

2006 through June 30, 2006.

R, Water

2

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ADJUSTED STANDARDS

AS 06-4

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

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

Board accepted the amended petition of Big River Zinc Corporation

for review, noting that it would proceed to a final determination

consistent with the Board’s August 4, 2006 grant of expedited

review.

4-0

Land

ADMINISTRATIVE CITATIONS

AC 05-40

IEPA v. Northern Illinois Service Company – The Board entered an

interim opinion and order finding respondent violated Section

21(p)(1) of the Act (415 ILCS 5/21(p)(1 (2004)) and assessing a

penalty of $3,000. The Board ordered the Clerk of the Board and

the Environmental Protection Agency to file within 14 days a

statement of hearing costs, supported by affidavit, with service on

respondent. Respondent may respond to the cost statement within

14 days of service.

4-0

AC 05-70

IEPA v. James Stutsman – The Board entered an interim opinion

and order finding respondent violated Sections 21(p)(1) and (p)(7)

of the Act (415 ILCS 5/21(p)(1), (p)(7) (2004)) and assessing a

penalty of $3,000. The Board ordered the Clerk of the Board and

the Environmental Protection Agency to file within 14 days a

statement of hearing costs, supported by affidavit, with service on

respondent. Respondent may respond to the cost statement within

14 days of service.

4-0

AC 06-53

County of Ogle v. George C. Heal. – No action taken.

AC 06-54

City of Chicago Department of Environment v. Mr. Bult’s Inc. –

The Board on its own motion dismissed this administrative citation

for lack of service.

4-0

3

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AC 06-55

County of Wayne v. Julian Buchanan – The Board granted

respondent’s motion for reconsideration of its August 6, 2006

default order, and accepted respondent’s petition for review for

hearing.

4-0

AC 06-59

City of Chicago Department of Environment v. Mr. Bult’s Inc. –

The Board on its own motion dismissed this administrative citation

for lack of service.

4-0

AC 07-13

Chicago Department of Environment v. Mr. Bult’s (Liberty Waste

Transfer Station) – The Board accepted an administrative citation

against this Cook County respondent.

AC 07-14

County of LaSalle v. Eric and Sarah Cook – The Board accepted

for hearing this petition for review of an administrative citation

against these LaSalle County respondents.

AC 07-15

IEPA v. Glenn and Brenda York – The Board accepted for hearing

this petition for review of an administrative citation against these

Morgan County respondents.

AC 07-16

IEPA v. Dennis Ballinger – The Board accepted an administrative

citation against this Edgar County respondent.

ADJUDICATORY CASES

Decisions

PCB 06-183

People of the State Illinois v. Lazar Brothers Trucking, Inc. an

Illinois corporation – In this water enforcement action concerning a

Kane 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, and ordered the respondent to pay a total

civil penalty of $5,500, and to cease and desist from further

violations.

4-0

W-E

4

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PCB 07-8

People of the State of Illinois v. The City of Harvey, a municipal

corporation in the State of Illinois – In this land 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)), 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.

4-0

L-E

Motions and Other Matters

PCB 03-177

Cady Oil Co. v. IEPA – The Board granted this Peoria County

facility’s motion for voluntary dismissal of this underground

storage tank appeal.

4-0

UST

Appeal

PCB 04-16

People of the State of Illinois v. Packaging Personified, Inc., an

Illinois corporation – No action taken.

A-E

PCB 04-31

PCB 05-43

(cons.)

Broadus Oil v. IEPA – No action taken.

UST

Appeal

PCB 05-49

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

Citizens

A&L-E

PCB 06-3

People of the State of Illinois v. Lake Egypt Water and Wastewater

District – 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

Williamson County facility, the Board ordered publication of the

required newspaper notice.

4-0

W-E

5

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PCB 06-16

People of the State of Illinois v. Ogoco, Inc. – The Board granted

complainant’s motion for summary judgment. The Board found

that respondent violated Sections 12(a) and 12(d) of the Act (415

ILCS 5/12(a), 12(d) (2004)) and Sections 302.203, 304.105, and

304.106 of the Board’s water regulations (35 Ill. Adm. Code

302.203, 304.105, 304.106), ordering the respondent to pay a total

civil penalty of $28,000, and to cease and desist from further

violations.

4-0

W-E

PCB 06-35

People of the State of Illinois v. Quantum Color Graphics, L.L.C. –

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.

4-0

A-E

PCB 06-53

C&F Packing Company, Inc. v. IEPA and Lake County – The

Board accepted this petition for variance on behalf of a Lake

County facility for hearing. The Board also granted Lake County’s

unopposed motion for joinder, adding Lake Villa and Fox Lake as

respondents to this variance proceeding. The Board took no action

on other currently-pending motions.

4-0

W-V

PCB 06-76

Gateway FS, Inc. v. IEPA – The Board granted this Monroe

County facility’s motion for voluntary dismissal of this

underground storage tank appeal.

4-0

UST

Appeal

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 – The Board

denied respondent Metropolitan Water Reclamation District of

Greater Chicago’s motion to strike and dismiss count II of Flagg

Creek Water Reclamation District (FCWRD) amended complaint

and directed the hearing officer to proceed expeditiously to hearing.

The Board reserved ruling on the Village of Hinsdale’s request that

the Board issue an order dismissing FCWRD’s complaint against it,

directing the hearing officer to adopt a briefing schedule for the

motion.

3-0

Melas

abstained

Citizens

W-E

6

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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 – The Board granted

respondents’ motions to dismiss in part and denied them in part,

and directed the hearing officer to proceed to hearing on the sole

remaining issue of whether the Illinois Environmental Protection

Agency’s (Agency) correctly denied the request for a public

hearing. The Board also granted petitioner American Bottom

Conservancy’s (American Bottom) motion for Edward J. Heisel to

appear

pro hac vice,

and accepted the Agency’s amended record.

Further, the Board granted American Bottom’s motion to

supplement the record in part and denied the motion in part,

accepting only those documents that pre-date the Agency’s

decision of March 31, 2006.

4-0

P-A,

NPDES

3d Party

PCB 06-173

People of the State of Illinois v. First Country Homes, L.L.C. – The

Board granted complainant’s motion to dismiss respondent’s

affirmative defenses with prejudice, ordering hearing to proceed.

4-0

W-E

PCB 06-184

Peoria Disposal Company v. Peoria County Board – No action

taken.

P-A,

NPDES

PCB 06-189

PCB 06-190

(cons.)

L. Keller Oil Properties / Farina v. IEPA – The Board reserved

ruling on petitioner's motion for authorization of settlement,

ordering parties to make additional filings on or before October 23,

2006.

4-0

UST

Appeal

PCB 07-10

Citgo Petroleum Corporation v. IEPA – The Board granted

petitioner’s motion to stay effectiveness of certain conditions in the

re-issued National Pollutant Discharge Elimination System Permit.

4-0

P-A,

NPDES

PCB 07-12

Fedex Ground Package System, Inc. v. IEPA – No action taken.

UST

Appeal

7

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PCB 07-16

People of the State of Illinois v. CSX Transportation. Inc. – The

Board accepted for hearing this water enforcement action involving

a site located in St. Clair County.

4-0

W-E

PCB 07-17

Dale L. Stanhibel v. Tom Halat d/b/a Tom’s Vegetable Market –

The Board held for a later duplicative/frivolous determination this

citizens’ air and noise enforcement action involving a Jackson

County facility.

Citizens

A&N – E

PCB 07-18

Frey Enterprises, 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 St. Clair County facility.

4-0

UST

Appeal

90-Day

Ext.

PCB 07-19

Frey Enterprises, 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 St. Clair County facility.

4-0

UST

Appeal

90-Day

Ext.

CASES PENDING DECISION

R06-15

SDWA Update, USEPA Amendments (July 1, 2005 through

R, Water

December 31, 2005) – Adopted Rule, Final Order, Opinion and

Order

8

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ADJOURNMENT

Moved and seconded, by a vote of 4-0, Chairman Girard adjourned the meeting at 11:30

a.m.

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

approved the above minutes on October 5, 2006, by a vote of .

Dorothy M. Gunn, Clerk

Illinois Pollution Control Board

9