R06-25

In the Matter of: Proposed New 35 Ill. Adm. Code 225 Control of

Emissions From Large Combustion Sources (Mercury) – The

Board adopted a second notice opinion and order in this rulemaking

to amend the Board’s air pollution control regulations. The second

notice rule requires compliance beginning July 1, 2009 with a

mercury emission standard of 0.00801lb/gwh or a 90% reduction

from input mercury. The rule also includes a temporary technology

based standard (TTBS), and a multi-pollutant control system

(MPS).

4-0

R, Air

R06-26

In the Matter of: Proposed New Clean Air Interstate Rule (CAIR)

SO

2

, NO

x

Annual and NO

x

Ozone Season Trading Programs, 35 Ill.

Adm. Code 225, Subparts A, C, D and E – No action taken.

R, Air

R07-9

In the Matter of: Triennial Review of Sulfate and Total Dissolved

Solids Water Quality Standards: Proposed Amendments to 35 Ill.

Adm. Code 302.102(b)(6), 302.102(b)(8), 302.102(b)(10),

302.208(g), 309.103(c)(3), 405.109(b)(2)(4)(A), 409.109(b)(2)(B),

406.100(d): Repealer of 35 Ill. Adm. Code 406.203 and Part 407;

and Proposed New 35 Ill. Adm. Code 302.208(h) – No action

taken.

Girard

R, Water

ADJUSTED STANDARDS

None

ADMINISTRATIVE CITATIONS

AC 06-21

County of Jackson v. Dan Kimmel – In response to a joint

stipulation and settlement agreement in this administrative citation

action involving a Jackson County facility, the Board found that

respondent had violated Section 21(p)(1) of the Environmental

Protection Act (415 ILCS 5/21(p)(1) (2004)) and ordered

respondent to pay a civil penalty of $1,500. The Board also granted

the parties’ joint motion to dismiss respondent’s petition for review

and the alleged violation of 415 ILCS 5/21(p) (7) (2004.

4-0

2

---

AC 06-55

County of Wayne v. Julian Buchanan – The Board granted the

parties’ joint motion for withdrawal of administrative citation and

closed the docket.

4-0

AC 07-12

IEPA v. Francis E. Morris – The Board denied respondent’s motion

to dismiss the administrative citation and accepted for hearing this

petition for review of an administrative citation against this Gallatin

County respondent.

4-0

AC 07-13

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

Transfer Station) – The Board dismissed this administrative citation

due to complainant’s failure to file proof of timely service.

4-0

AC 07-14

County of LaSalle v. Eric and Sarah Cook – Because the Board has

already properly entered a default order, the Board declined to

accept the late-filed petition and directed respondents to pay the

$3,000 civil penalty by November 20, 2006 as directed in the

Board’s October 19, 2006 order.

4-0

AC 07-17

IEPA v. Lee County Landfill SC, L.L.C. and Dave Geier – The

Board found that these Lee County respondents violated Section

21(o)(5) of the Act (415 ILCS 5/21(o)(5) (2004)), and ordered

respondents to pay a civil penalty of $500

.

4-0

AC 07-22

County of Sangamon v. Jack Caldwell – The Board accepted an

administrative citation against this Sangamon County respondent.

AC 07-23

IEPA v. Curtis Jim Hammond - The Board accepted an

administrative citation against this Fulton County respondent.

AC 07-24

IEPA v. C. John Blickhan - The Board accepted an administrative

citation against this Adams County respondent.

3

---

ADJUDICATORY CASES

Decisions

PCB 06-3

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

District – In this public water supply enforcement action

concerning a Williamson 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 $6,400, 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. –

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)), accepted a stipulation and settlement agreement, and

ordered the respondent to pay a total civil penalty of $44,000, and

to cease and desist from further violations.

4-0

A-E

PCB 06-178

People of the State of Illinois v. Galena Hillside Homes, Inc. – 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)), 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

W-E

4

---

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 Valley

Asphalt Co., Inc. - The Board denied respondents’ motion for

sanctions and ordered the parties to proceed expeditiously to

hearing.

4-0

W-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 – The Board

granted respondent’s motion to sanction complainant.

Respondent’s alternative motion for summary judgment on count I

was denied at this time. In accordance with today’s sanctions and

for its procedural deficiencies, the Board struck complainant’s

September 19, 2006 amended complaint.

4-0

Citizens

A&L-E

PCB 06-40

Dalee Oil Company v. EPA – The Board granted this Washington

County facility’s motion for voluntary dismissal of this

underground storage tank appeal.

4-0

UST

Appeal

PCB 06-52

Knapp Oil Company, Don’s 66 v. IEPA – No action taken.

UST

Appeal

PCB 06-53

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

taken.

W-V

PCB 06-184

Peoria Disposal Company v. Peoria County Board – No action

taken.

P-C-F-S-R

5

---

PCB 07-5

City of Des Plaines (formerly A&K Mini Mart) 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 facility in Cook County.

4-0

UST

Appeal

PCB 07-12

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

UST

Appeal

PCB 07-17

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

The Board directed complainant file proof of service of the

complaint upon respondent by Monday, November 27, 2006. If

complainant fails to file proof of service on or before that date, the

Board may dismiss this proceeding.

4-0

Citizens

A&N – E

PCB 07-21

Maple Quick Mart and Ranjit Singh v. IEPA – No action taken.

UST

Appeal

90-Day

Ext.

PCB 07-24

Webb & Sons, Inc. v. IEPA – The Board accepted for hearing this

underground storage tank appeal involving a Coles County facility.

4-0

UST

Appeal

PCB 07-26

People of the State of Illinois v. Palos Township – 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 07-27

Village of Wilmette v. IEPA – The Board accepted for hearing this

underground storage tank appeal involving a Cook County facility.

4-0

UST

Appeal

6

---

PCB 07-28

People of the State of Illinois v. Provena Hospitals d/b/a Provena

United Samaritans Medical Center and Resurrection Catholic

Cemetery Association of Danville, Illinois – The Board accepted

for hearing this land enforcement action involving a site located in

Vermilion County.

4-0

L-E

PCB 07-29

People of the State of Illinois v. Pinnacle Genetics, L.L.C. and

Professional Swine Management, L.L.C. – The Board accepted for

hearing this water enforcement action involving a site located in

McDonough County.

4-0

W-E

PCB 07-30

The Premcor Refining Group, Inc. v. IEPA – No action taken.

P-A, Air

PCB 07-31

Celozzi-Ettelson Chevrolet, 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 DuPage County facility.

4-0

UST

Appeal

90-Day

Ext.

CASES PENDING DECISION

R06-16

R06-17

R06-18

(cons.)

In the Matter of: UIC Update, USEPA Amendments (July 1, 2005

through December 31, 2005; In the Matter of: RCRA Subtitle D

(Municipal Solid Waste Landfill) Update, USEPA Amendments

(July 1, 2005 through December 31, 2005); In the Matter of:

RCRA Subtitle C (Hazardous Waste) Update, USEPA

Amendments (July 1, 2005 through December 31, 2005) – Adopted

Rule, Final Order, Opinion and Order

R, Land

R07-2

In the Matter of: SDWA Update, USEPA Amendments (January 1,

2006 through June 30, 2006) – Proposal for Public Comment,

Opinion and Order

Johnson

R, Water

7

---

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) – Opinion

and Order

Melas

Land

AC 05-40

IEPA v. Northern Illinois Service Company – Final Opinion and

Order

Melas

AC 05-70

IEPA v. James Stutsman – Final Opinion and Order

Moore

ADJOURNMENT

Moved and seconded, by a vote of 4-0, Chairman Girard adjourned the meeting at 11:40

a.m.

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

approved the above minutes on November 16, 2006, by a vote of 4-0.

Dorothy M. Gunn, Clerk

Illinois Pollution Control Board

8