The following is the Illinois Pollution Control Board's tentative agenda for its April 4, 1996 Board meeting. The actual Agenda will be available at 10:30 a.m. Tuesday, April 2, 1996 and will list all motions and case filings received before Monday, Apri

George R. Strunk v. Williamson Energy LLC – No action taken.
Randy Grant, Donald Grant and Patricia Wallace v. Mach Mining (Pond Creek Mine #1) - The Board held for a later duplicative/frivolous determination this citizens’ noise enforcement action involving a Williamson County facility.
Fox Moraine, LLC v. United City of Yorkville City Council – The Board accepted for hearing this pollution control facility siting appeal involving a site in Kendall County.
L. Keller Oil Properties, Inc./Farina v. IEPA – The Board accepted for hearing this underground storage tank appeal involving a Fayette County facility.
People of the State of Illinois v. Carlyle North Water Company, Inc. – The Board accepted for hearing this public water supply enforcement action involving a site located in Clinton County.
Biomedical Technology Solutions, Inc. v. IEPA – No action taken.
Independence Pork, LLC - Victor (Property ID No. 17-11-400-002) v. IEPA – Upon receipt of the Illinois Environmental Protection Agency’s recommendation, the Board found and certified that specified facilities of Independence Pork, LLC, located in DeKalb County, are pollution control facilities for the purpose of preferential tax treatment under the Property Tax Code (35 ILCS 200/11-10 (2006)).
Hildebrandt Farms - South Beloit (Property ID No. 01-04-300-008, Log No. TC-04-02) v. IEPA – Upon receipt of the Illinois Environmental Protection Agency’s recommendation, the Board found and certified that specified facilities of Hildebrandt Farms, located in Boone County, are pollution control facilities for the purpose of preferential tax treatment under the Property Tax Code (35 ILCS 200/11-10 (2006)).
Advantage Pork, LLC - Afton (Property ID No. 11-200-300-010) v. IEPA. – Upon receipt of the Illinois Environmental Protection Agency’s recommendation, the Board found and certified that specified facilities of Advantage Pork, LLC located in DeKalb County, are pollution control facilities for the purpose of preferential tax treatment under the Property Tax Code (35 ILCS 200/11-10 (2006)).
Hildebrandt Farms - South Beloit (Property ID No. 01-04-300-008, Log # TC-01-03) v. IEPA – Upon receipt of the Illinois Environmental Protection Agency’s recommendation, the Board found and certified that specified facilities of Hildebrandt Farms, located in Boone County, are pollution control facilities for the purpose of preferential tax treatment under the Property Tax Code (35 ILCS 200/11-10 (2006)).
Dunn’s University BP 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 Coles County facility.
Future Pork, LLC-Victor (Property ID No. 07-32-100-006 v. IEPA – Upon receipt of the Illinois Environmental Protection Agency’s recommendation, the Board found and certified that specified facilities of Future Pork, LLC located in Dekalb County, are pollution control facilities for the purpose of preferential tax treatment under the Property Tax Code (35 ILCS 200/11-10 (2006)).
The Chairman’s motion was granted under Section 2.06(c) of the Open Meetings Act (5 ILCS 120/2.06(c). The Clerk must preserve only written minutes of closed Board deliberative sessions occurring on or before December 31, 2005 and to approve destruction of verbatim tape recordings of 2005 meetings held: July 14 and 28, August 11 and 25, September 8 and 29, October 13, November 10 and 23, and December 8, and 22.
Chairman’s Motion was granted under Section 2.06(d) of the Open Meetings Act (5 ILCS 120/2.06(d). The Clerk must continue to keep confidential minutes of closed Board meetings occurring between January 1, 2007 and June 30, 2007.

ILLINOIS POLLUTION CONTROL BOARD

EETING MINUTES

July 12, 2007

Chicago/Springfield Videoconference

CHICAGO OFFICE – 100 W. Randolph Street

Videoconference Room 11-512

and

SPRINGFIELD OFFICE – 1021 N. Grand Avenue East

Oliver Holmes Conference Room 2012 N – Second Floor

11:00 A.M.

ANNOUNCEMENTS

Chairman Girard welcomed members of the public and staff.

ROLL CALL

The Assistant Clerk of the Board called the roll. All Board Members answered present.

APPROVAL OF MINUTES

The minutes of the June 21, 2007 open meeting and the June 28, 2007 closed deliberative

sessions were approved by a vote of 4-0.

RULEMAKINGS

R04-25

In the Matter of: Proposed Amendments to Dissolved Oxygen

Standard – The Board adopted a first notice opinion and order in

this rulemaking to amend the Board’s general use water quality

standard for dissolved oxygen.

4-0

R, Water

R06-8

In the Matter of: Proposed Site Specific Perlite Waste Disposal

Regulation Applicable to Silbrico Corporation – The Board

granted petitioner’s motion to voluntarily dismiss this proposed

rulemaking.

4-0

R, Land

R07-8

In the Matter of: Proposed Amendments to Solid Waste Landfill

Rules – The Board adopted a first notice opinion and order in this

rulemaking to amend the Board’s solid waste disposal regulations.

4-0

R, Land

R07-18

In the Matter of: Fast-Track Rules Under Nitrogen Oxide (NOx)

SIP Call Phase II: Amendments to 35 Ill. Adm. Code Section

201.146, Parts 211 and 217 – The Board granted the Illinois

Environmental Protection Agency’s (Agency) motion for leave to

file reply to the response to the Agency’s motion for

reconsideration of the Board’s May 17, 2007 order.

4-0

R, Air

R07-19

In the Matter of: Section 27 Proposed Rules for Nitrogen Oxide

(NOx) Emissions From Stationary Reciprocating Internal

Combustion Engines and Turbines: Amendments to 35 Ill. Adm.

Code Parts 211 and 217 – The Board granted the Illinois

Environmental Protection Agency’s motion for leave to file reply

to the response to the Agency’s motion for reconsideration of the

Board’s May 17, 2007 order.

4-0

R, Air

R08-1

UIC Update, USEPA Amendments (January 1, 2007 through June

30, 2007) – The Board reserved this docket for a routine update to

make the Board rules “identical in substance” to United States

Environmental Protection Agency rules adopted during the update

period. The update period is January 1, 2007 through June 30,

2007.

R08-2

RCRA Subtitle D (Municipal Solid Waste Landfill) Update,

USEPA Amendments (January 1, 2007 through June 30, 2007) –

The Board reserved this docket for a routine update to make the

Board rules “identical in substance” to United States

Environmental Protection Agency rules adopted during the update

period. The update period is January 1, 2007 through June 30,

2007.

R08-3

RCRA Subittle C (Mazardous Waste) Update, USEPA

Amendments (January 1, 2007 through June 30, 2007) – The Board

reserved this docket for a routine update to make the Board rules

“identical in substance” to United States Environmental Protection

Agency rules adopted during the update period. The update period

is January 1, 2007 through June 30, 2007.

R08-4

UST Update, USEPA Amendments (January 1, 2007 through June

30, 2007) – The Board reserved this docket for a routine update to

make the Board rules “identical in substance” to United States

Environmental Protection Agency rules adopted during the update

period. The update period is January 1, 2007 through June 30,

2007.

R08-5

Wastewater Pretreatment Update, USEPA Amendments (January

1, 2007 through June 30, 2007) – The Board reserved this docket

for a routine update to make the Board rules “identical in

substance” to United States Environmental Protection Agency

rules adopted during the update period. The update period is

January 1, 2007 through June 30, 2007.

R08-6

Definition of VOM Update, USEPA Amendments (January 1, 2007

through June 30, 2007) – The Board reserved this docket for a

routine update to make the Board rules “identical in substance” to

United States Environmental Protection Agency rules adopted

during the update period. The update period is January 1, 2007

through June 30, 2007.

R08-7

SDWA Update USEPA Amendments (January 1, 2007 through

June 30, 2007) – The Board reserved this docket for a routine

update to make the Board rules “identical in substance” to United

States Environmental Protection Agency rules adopted during the

update period. The update period is January 1, 2007 through June

30, 2007.

ADJUSTED STANDARDS

AS 07-006

In the Matter of: Petition of Cabot Corporation for an Adjusted

Standard from 35 Ill. Adm. Code Part 738, Subpart B – No action

taken.

Land

AS 07-007

In the Matter of: Petition of Illinois Department of Transportation,

District 8, for an Adjusted Standard from 35 Ill. Adm. Code

302.208(g) (NPDES Permit No. ILD0070955) – No action taken.

Water

ADMINISTRATIVE CITATIONS

AC 07-53

IEPA v.Renee C. Lo – The Board denied respondent’s motion for

reconsideration of the Board’s May 17, 2007 default order.

4-0

AC 07-57

IEPA v. Bernard Kotter – The Board granted complainant’s motion

to dismiss the administrative citation.

4-0

AC 07-60

IEPA v. Joseph Combs – The Board found that this Greene County

respondent violated Sections 21(p)(1), (3) and (7) of the

Environmental Protection Act (415 ILCS 5/21(p)(1), (3) and (7)

(2006)) and ordered respondent to pay a penalty of $4,500.

4-0

AC 07-61

IEPA v. Ben and Destiny Wyant – The Board found that these

Williamson County respondents violated Sections (p)(1) and (p)(7)

of the Environmental Protection Act (415 ILCS 5/21(p)(1), (p)(7)

(2006)), and ordered respondents to pay a civil penalty of $3,000

4-0

AC 07-62

IEPA v. John A. & Kay E. Oldham – The Board accepted for

hearing this petition for review of an administrative citation against

these Clay County respondents.

4-0

AC 07-69

County of Vermilion, Illinois v. Robert Martin – The Board

accepted an administrative citation against this Vermilion County

respondent.

AC 07-70

IEPA v. Curtis and Sherry Pelhum – The Board accepted an

administrative citation against these Cass County respondents.

AC 07-71

IEPA v. Steve B. and Beth M. Segner – The Board accepted an

administrative citation against these Williamson County

respondents.

AC 07-72

IEPA v. Landfill 33 Ltd., Wendt Family Trust, Richard Deibel, and

Brian Hayes – The Board accepted an administrative citation

against these Effingham County respondents.

ADJUDICATORY CASES

Decisions

PCB 05-93

York High Neighborhood Committee, Janet Hodge, Fred Hodge,

Patricia Bennett, David Bennett, Sheila Trant, Mike Trant, Joe

Vosicky, Jean Conroy, Peter Conroy, Frank Soldano, Joseph

Reamer, Elizaeth Laliberte, and Chrles Laliberte v. Elmhurst

Public Schools, District 205 – In this citizens’ noise enforcement

action concerning a DuPage County site, the Board granted the

parties’ motion to supplement the March 19, 2007 stipulation and

settlement agreement, accepted the stipulation and settlement

agreement governing operation of respondent’s air chillers, and

closed the docket.

4-0

N-E

PCB 05-215

PCB 06-103

People of the State of Illinois v. First Rockford Group, Inc – In this

consolidated 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) (2006)), accepted a stipulation

and settlement agreement, ordered respondent to pay a total civil

penalty of $35,000, and to cease and desist from further violations.

4-0

PWSE

Motions and Other Matters

PCB 04-88

Des Plaines River Watershed Alliance, Livable Communities

Alliance, Prairie Rivers Network, and Sierra Club v. IEPA and

Village of New Lenox – The Board affirmed its decision and

denied the respondents’ motions to reconsider the April 19, 2007

opinion and order remanding the permit the Illinois Environmental

Protection Agency for additional review.

4-0

P-A

Water

PCB 04-185

Midwest Generation EME, LLC v. IEPA – No action taken.

T-S

PCB 04-215

Commonwealth Edison Company v. IEPA – No action taken.

T-S

PCB 04-216

Midwest Generation v. IEPA – No action taken.

Moore

T-S

PCB 05-98

People of the State of Illinois v. Oasis Industries, Inc., an Illinois

corporation – 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 Kane County

facility, the Board ordered publication of the required newspaper

notice.

4-0

Air-E

PCB 05-125

PCB 05-126

Cons.

Red Rooster Corporation (f/k/a Clark Retail Enterprises, Inc.)

(Clark Oil #2086) (12/30/04 IEPA Determination) v. IEPA – The

Board granted this Peoria County facility’s motion for voluntary

dismissal of these consolidated underground storage tank appeals.

4-0

UST

Appeal

PCB 05-219

People of the State of Illinois v. Conair Corporation, a Delaware

corporation – 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

Champaign County facility, the Board ordered publication of the

required newspaper notice.

4-0

Land-E

PCB 06-119

People of the State of Illinois v. Strata Geologic Services, Inc. – No

action taken.

Land-E

PCB 07-10

Citgo Petroleum Corporation v. IEPA – The Board granted this

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

appeal.

4-0

P-A, Water

PCB 07-16

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

Board granted the complainant’s motion for summary judgment

and denied respondent’s motion for summary judgment. The Board

found that respondent violated various sections of the

Environmental Protection Act, but assessed no civil penalty or

attorney fees or costs. The Board directed respondent to cease and

desist from future violations.

4-0

W-E

PCB 07-27

Village of Wilmette v. IEPA – The Board granted respondent’s

motion for summary judgment and affirmed the Illinois

Environmental Protection Agency’s denial of the requested

amendment. The Board denied petitioner’s motion for summary

judgment and closed this docket.

3-1

Johnson

dissent

UST

Appeal

PCB 07-44

Indian Creek Development Company, an Illinois partnership,

individually as beneficiary under trust 3291 of the Chicago Tiltle

and Trust Company dated December 15, 1981 and the Chicago

Tiltle and Trust Company, as trustee under trust 3291, dated

December 15, 1981 v. The Burlington Northern Santa Fe Railway

Company, a Delaware company – No action taken.

E-L, W

PCB 07-48

Village of Wilmette v. IEPA – No action taken.

UST

Appeal

PCB 07-96

Kyle Nash v. Karen Sokolowski – No action taken.

N-E

PCB 07-97

Kyle Nash v. Louis Jimenez – No action taken.

N-E

PCB 07-102

City of O’Fallon v. IEPA – The Board dismissed this case for

petitioner’s failure to file an amended petition to cure certain

deficiencies.

4-0

P-A, Water

PCB 07-105

Harley Frey v. IEPA – The Board granted this Wayne County

facility’s motion for voluntary dismissal of this underground

storage tank appeal.

4-0

P-A, Land

PCB 07-113

PCB 07-116

Cons.

Rochelle Waste Disposal, L.L.C. v. The City of Rochelle and The

Rochelle City Council; Concerned Citizens of Ogle County v. The

City of Rochelle, The City Council of the City of Rochelle, and

Rochelle Waste Disposal, L.L.C. – The Board granted Concerned

Citizens of Ogle County (CCOC) motion to withdraw its petition,

dismissed PCB 07-116, and closed that docket. The Board granted

CCOC’s motion to file an amicus curiae brief in PCB 07-113,

stating any brief filed by CCOC must consist only of argument,

must not raise facts that are not in evidence, and must not delay the

Board’s decision-making.

4-0

P-C-F-S-R

3rd Party

PCB 07-114

Robert Habeeb v. The Coach House Restaurant – The Board on its

own motion dismissed this citizen noise enforcement action

concerning a Cook County site as frivolous and closed the docket.

4-0

N-E

Citizens

PCB 07-135

George R. Strunk v. Williamson Energy LLC – No action taken.

A,N,W-E

PCB 07-145

Randy Grant, Donald Grant and Patricia Wallace v. Mach Mining

(Pond Creek Mine #1) - The Board held for a later

duplicative/frivolous determination this citizens’ noise enforcement

action involving a Williamson County facility.

N-E

PCB 07-146

Fox Moraine, LLC v. United City of Yorkville City Council – The

Board accepted for hearing this pollution control facility siting

appeal involving a site in Kendall County.

4-0

P-C-F-S-R

PCB 07-147

L. Keller Oil Properties, Inc./Farina v. IEPA – The Board accepted

for hearing this underground storage tank appeal involving a

Fayette County facility.

4-0

UST

Appeal

PCB 07-148

People of the State of Illinois v. Carlyle North Water Company,

Inc.

– The Board accepted for hearing this public water supply

enforcement action involving a site located in Clinton County.

4-0

PWS-E

PCB 07-149

Biomedical Technology Solutions, Inc. v. IEPA – No action taken.

A-V

PCB 08-1

Independence Pork, LLC - Victor (Property ID No. 17-11-400-002)

v. IEPA – Upon receipt of the Illinois Environmental Protection

Agency’s recommendation, the Board found and certified that

specified facilities of Independence Pork, LLC, located in DeKalb

County, are pollution control facilities for the purpose of

preferential tax treatment under the Property Tax Code (35 ILCS

PCB 08-2

Hildebrandt Farms - South Beloit (Property ID No. 01-04-300-008,

Log No. TC-04-02) v. IEPA – Upon receipt of the Illinois

Environmental Protection Agency’s recommendation, the Board

found and certified that specified facilities of Hildebrandt Farms,

located in Boone County, are pollution control facilities for the

purpose of preferential tax treatment under the Property Tax Code

(35 ILCS 200/11-10 (2006)).

4-0

T-C

Water

PCB 08-3

Advantage Pork, LLC - Afton (Property ID No. 11-200-300-010) v.

IEPA. – Upon receipt of the Illinois Environmental Protection

Agency’s recommendation, the Board found and certified that

specified facilities of Advantage Pork, LLC located in DeKalb

County, are pollution control facilities for the purpose of

preferential tax treatment under the Property Tax Code (35 ILCS

PCB 08-4

Hildebrandt Farms - South Beloit (Property ID No. 01-04-300-008,

Log # TC-01-03) v. IEPA – Upon receipt of the Illinois

Environmental Protection Agency’s recommendation, the Board

found and certified that specified facilities of Hildebrandt Farms,

located in Boone County, are pollution control facilities for the

purpose of preferential tax treatment under the Property Tax Code

(35 ILCS 200/11-10 (2006)).

4-0

T-C

Water

PCB 08-5

Dunn’s University BP 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 Coles County facility.

PCB 08-6

Future Pork, LLC-Victor (Property ID No. 07-32-100-006 v. IEPA

– Upon receipt of the Illinois Environmental Protection Agency’s

recommendation, the Board found and certified that specified

facilities of Future Pork, LLC located in Dekalb County, are

pollution control facilities for the purpose of preferential tax

treatment under the Property Tax Code (35 ILCS 200/11-10

CASES PENDING DECISION

None

OTHER ITEMS

The Chairman’s motion was granted under Section 2.06(c) of the

Open Meetings Act (5 ILCS 120/2.06(c). The Clerk must preserve

only written minutes of closed Board deliberative sessions

occurring on or before December 31, 2005 and to approve

destruction of verbatim tape recordings of 2005 meetings held:

July 14 and 28, August 11 and 25, September 8 and 29, October 13,

November 10 and 23, and December 8, and 22.

4-0

Chairman’s Motion was granted under Section 2.06(d) of the Open

Meetings Act (5 ILCS 120/2.06(d). The Clerk must continue to

keep confidential minutes of closed Board meetings occurring

between January 1, 2007 and June 30, 2007.

4-0

ADJOURNMENT

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

a.m.

I, John T. Therriault, Assistant Clerk of the Illinois Pollution Control Board, certify that

the Board approved the above minutes on July 26, 2007, by a vote of. 4-0.

John T. Therriault, Assistant Clerk

Illinois Pollution Control Board