NEW CASES APRIL 19, 2007 BOARD MEETING
07-084
American Bottom Conservancy and Sierra Club v. City of Madison, Illinois and
Waste Management of Illinois, Inc. – The Board accepted for hearing this third-party
pollution control facility siting appeal involving a Madison County facility.
07-085
T-Town Drive Thru, Inc. v. IEPA – The Board accepted for hearing this
underground storage tank appeal involving an Effingham County facility.
07-086
People of the State of Illinois v. The Ridges of Coal Valley – The Board accepted
for hearing this water enforcement action involving a site located in Rock Island County.
07-087
Estate of Fred Johnson 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 Christian
County facility.
07-088
Christian County Farmers Supply Company-Morrisonville (Property
Identification Number 13-22-09-100-001) v. IEPA – Upon receipt of the Illinois
Environmental Protection Agency’s recommendation, the Board found and certified that
specified facilities of Christian County Farmers Supply Company, located in Christian
County, are pollution control facilities for the purpose of preferential tax treatment under
the Property Tax Code (35 ILCS 200/11-10 (2004)).
07-089
Christian County Farmers Supply Company-Pana (Property Identification
Number 11-25-15-101-001) v. IEPA – Upon receipt of the Illinois Environmental
Protection Agency’s recommendation, the Board found and certified that specified
facilities of Christian County Farmers Supply Company, located in Christian County, are
pollution control facilities for the purpose of preferential tax treatment under the Property
Tax Code (35 ILCS 200/11-10 (2004)).
07-090
Christian County Farmers Supply Company-Tovey (Property Identification
Number 15-12-08-100-002) v. IEPA – Upon receipt of the Illinois Environmental
Protection Agency’s recommendation, the Board found and certified that specified
facilities of Christian County Farmers Supply Company, located in Christian County, are
pollution control facilities for the purpose of preferential tax treatment under the Property
Tax Code (35 ILCS 200/11-10 (2004)).
07-091
Dynegy Midwest Generation, Inc. – Wood River Power Station (Property
Identification Number 19-1-08-19-00-000-006) v. IEPA – Upon receipt of the Illinois
Environmental Protection Agency’s recommendation, the Board found and certified that
specified facilities of Dynegy Midwest Generation, Inc., located in Madison County, are
pollution control facilities for the purpose of preferential tax treatment under the Property
Tax Code (35 ILCS 200/11-10 (2004)).
07-092
Elite Pork, L.L.C-Esmond (Property Identification Number 19-01-200-003) v.
IEPA – Upon receipt of the Illinois Environmental Protection Agency’s recommendation,
the Board found and certified that specified facilities of Elite Pork, L.L.C., located in
Ogle County, are pollution control facilities for the purpose of preferential tax treatment
under the Property Tax Code (35 ILCS 200/11-10 (2004)).
07-093
Equistar Chemicals, L.P. (Property Identification Number 03-20-200-014) v.
IEPA – No action taken.
07-094
City of Joliet v. IEPA – The Board accepted for hearing this permit appeal
involving a Will County facility.
07-095
People of the State of Illinois v. AET Environmental, Inc. and E.O.R. Energy,
L.L.C. – The Board accepted for hearing this land enforcement action involving a site
located in Sangamon County.
07-096
Kyle Nash v. Karen Sokolowski – The Board held for a later duplicative/frivolous
determination this citizens’ noise enforcement action involving a Cook County facility.
07-097
Kyle Nash v. Louis Jiminez – The Board held for a later duplicative/frivolous
determination this citizens’ noise enforcement action involving a Cook County facility.
07-098
Roy and Nathan Wiegand Roanoke (Property ID # 11-33-100-004) v. IEPA –
Upon receipt of the Illinois Environmental Protection Agency’s recommendation, the
Board found and certified that specified facilities of Roy and Nathan Wiegand Roanoke,
located in Woodford County, are pollution control facilities for the purpose of
preferential tax treatment under the Property Tax Code (35 ILCS 200/11-10 (2004)).
07-099
L.W. Paul Supply Co., Inc. v. IEPA – The Board accepted for hearing this
underground storage tank appeal involving a Cook County facility.
07-100
Wayne and Susan Bergbower-Newton (Property Identification Number 90-08-16-
300-009) v. IEPA – Upon receipt of the Illinois Environmental Protection Agency’s
recommendation, the Board found and certified that specified facilities of Wayne and
Susan Bergbower-Newton, located in Jasper County, are pollution control facilities for
the purpose of preferential tax treatment under the Property Tax Code (35 ILCS 200/11-
10 (2004)).
07-101
Midwest Generation, L.L.C. – Powerton Generating Station v. IEPA – No action
taken.
07-102
City of O’Fallon v. IEPA – No action taken.
07-103
Christian County Farmers Supply Co. (Property Identification Number 07-19-36-
100-001) v. IEPA – Upon receipt of the Illinois Environmental Protection Agency’s
recommendation, the Board found and certified that specified facilities of Christian
County Farmers Supply Co., located in Christian County, are pollution control facilities
for the purpose of preferential tax treatment under the Property Tax Code (35 ILCS
200/11-10 (2004)).
AC 07-047
County of Ogle v. Rochelle Waste Disposal, LLC and Clyde A. Gelderloos,
Chief Operator, and City of Rochelle – The Board accepted an administrative citation
against these Ogle County respondents.
AC 07-048
IEPA v. Ben and Destiny Wyant - The Board granted complainant’s motion
for dismissal of this administrative citation and closed the docket.
AC 07-049
IEPA v. Herman F. and Karen Meyers – The Board accepted an
administrative citation against these Massac County respondents.
AC 07-050
IEPA v. Doug Hensley and Eric & Charmin Joseph – The Board accepted an
administrative citation against these Henderson County respondents.
AC 07-051
IEPA v. Gene Breeden – The Board accepted an administrative citation
against this Iroquois County respondent.
AC 07-052
County of LaSalle v. Mike Johnson – The Board accepted an administrative
citation against this LaSalle County respondent.
AC 07-053
IEPA v. Renee C. Lo – The Board accepted an administrative citation against
this Champaign County respondent.
AS 07-005
In the Matter of: Petition of Cabot Corporation for an Adjusted Standard
from 35 Ill. Adm. Code Part 738, Subpart B – No action taken.
R07-018
In the Matter of: Nitrous Oxide (NOx) Emissions From Stationary
Reciprocating Internal Combustion Engines and Turbines: Amendments to 35 Ill. Adm.
Code Section 201.146, Parts 211 and 217 – The Board accepted for hearing the Illinois
Environmental Protection Agency’s (Agency) April 6, 2007 proposal filed under the
Clean Air Act fast track procedures of Section 28.5 of the Environmental Protection Act
(415 ILCS 5/28 (2004)). The Board adopted a first notice opinion and order to amend the
Board’s air pollution control regulations, specifically to satisfy Illinois’ obligations under
the Unites States Environmental Protection Agency’s nitrogen oxides (NOx) State
Implementation Plan Call Phase II. The Board granted the Agency’s motion for waiver
of copy requirements and waived the requirement to file nine copies of the materials. No
action was taken on the separate objections to use of the fast track procedure filed by the
Pipeline Consortium and the Illinois Environmental Regulatory Group on April 16 and
17, 2007; responses are due by May 8, 2007.