| | - George R. Strunk v. Williamson Energy LLC (Pond Creek Mine #1) – The Board directed complainant to file proof of service of the complaint on the respondent by September 10, 2007.
- Randy Grant, Donald Grant and Patricia Wallace v. Mach Mining (Pond Creek Mine #1) - The Board directed complainant to file proof of service of the complaint on the respondent by September 10, 2007.
-
- Fox Moraine, LLC v. United City of Yorkville, City Council – The Board granted in part respondent’s motion for relief from certain record filing requirements, but reserved ruling on Kendall County’s motion to intervene.
- L. Keller Oil Properties, Inc. / Farina v. IEPA – The Board denied respondent’s motion for summary judgment.
- Midwest Generation, LLC, Will County Generating Station v. IEPA – No action taken.
- 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.
- People of the State of Illinois v. Plastic Capacitors, Inc. – The Board accepted for hearing this air enforcement action involving a site located in Cook County.
- Loretta Thigpen v. Morton Mobile Home Park, LLC d/b/a Edgewood Terrace Mobile Home Park – The Board held this action for proof of service and a later duplicative/frivolous determination this citizens’ public water supply enforcement action involving a Tazewell County facility.
- Chad Gifford v. American Metal Fibers, Inc. – The Board held this action for a later duplicative/frivolous determination this citizens’ noise enforcement action involving a Lake facility.
- Dale’s Service 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 Massac County facility.
|
ILLINOIS POLLUTION CONTROL BOARD
M
EETING MINUTES
AUGUST 9, 2007
SPRINGFIELD OFFICE
Conference Room 1244 N, First Floor
1021 N. Grand Avenue East
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 July 26, 2007 open meeting and the August 2, 2007 closed deliberative
sessions were approved by a vote of 4-0.
RULEMAKINGS
R06-26
In the Matter of: Proposed New Clean Air Interstate Rule (CAIR)
SO2, NOx Annual and NOx Ozone Season Trading Programs, 35 Ill.
Adm. Code 225, Subparts A, C, D, E, and F – The Board denied
Midwest Generation’s motion for an additional hearing in this
proposed rulemaking, noting that under the Administrative
Procedure Act, no changes in a rule are possible after second notice
has been submitted to the Joint Committee on Administrative Rules
(JCAR), except those requested by JCAR.
4-0
R, Air
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 adopted a second 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.
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 – No action taken.
R, Air
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 – The Board
granted the motion to stay this request for an adjusted standard
until February 8, 2008 pending USEPA action on petitioner's
parallel application.
4-0
Land
AS 08-001
In the Matter of: Petition of Illinois Department of Transportation,
District 8, Bowman Avenue Pump Station and Deep Well System,
for an Adjusted Standard from 35 Ill. Adm. Code 302.208(g)
(NPDES Permit No. IL0070955) – No action taken.
Water
ADMINISTRATIVE CITATIONS
AC 06-23
IEPA v. Harold Graves - No action taken.
AC 06-39
City of Chicago Department of Environment v. Speedy Gonzalez
Landscaping, Inc. – No action taken.
AC 06-40
City of Chicago Department of Environment v. Jose R. Gonzalez -
No action taken.
2
AC 06-41
City of Chicago Department of Environment v. 1601-1759 East
130th Street, LLC - No action taken.
AC 07-25
City of Chicago Department of Environment v. 1601-1759 East
130th Street, LLC - No action taken.
AC 07-70
IEPA v. Curtis and Sherry Pellhum – The Board found that these
Cass County respondents violated Sections (p)(1) and (p)(3) of the
Environmental Protection Act (415 ILCS 5/21(p)(1), (p)(3) (2006)),
and ordered respondent to pay a civil penalty of $3,000
.
4-0
AC 07-71
IEPA v. Steve B. and Beth M. Segner – The Board accepted for
hearing respondents’ petition for review of this administrative
citation involving a Williamson County facility.
4-0
AC 08-04
IEPA v. Fred Honaker – The Board accepted an administrative
citation against this Champaign County respondent.
ADJUDICATORY CASES
Decisions
None
Motions and Other Matters
PCB 98-108
City of Freeport v. IEPA – The Board on its own order dismissed
this Stephenson County facility’s permit appeal for failure to
diligently pursue litigation.
4-0
P-A
PCB 04-185
Midwest Generation EME, LLC v. IEPA – No action taken.
T-S
Air
PCB 04-215
Commonwealth Edison Company v. IEPA – No action taken.
T-S
3
Air
PCB 04-216
Midwest Generation v. IEPA – No action taken.
T-S
Air
PCB 06-153
Midwest Petroleum Company v. IEPA – The Board granted this St.
Clair County facility’s motion for voluntary dismissal of this
underground storage tank appeal.
4-0
UST
Appeal
PCB 07-16
People of the State of Illinois v. CSX Transportation, Inc – The
Board denied complainant’s motion for reconsideration of its July
12, 2007 opinion and order granting summary judgment to
complainant, but declining to assess a penalty or attorney fees and
cost.
4-0
W-E
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.
Citizens
L, W-E
PCB 07-109
Lawrence Reed v. Mark Howard – The Board found the alleged
violation frivolous and dismissed the complaint.
4-0
N-E
PCB 07-135
George R. Strunk v. Williamson Energy LLC (Pond Creek Mine
#1) – The Board directed complainant to file proof of service of the
complaint on the respondent by September 10, 2007.
4-0
Citizens
A,N,W-E
PCB 07-145
Randy Grant, Donald Grant and Patricia Wallace v. Mach Mining
(Pond Creek Mine #1) - The Board directed complainant to file
proof of service of the complaint on the respondent by September
10, 2007.
4-0
Citizens
N-E
4
PCB 07-146
Fox Moraine, LLC v. United City of Yorkville, City Council – The
Board granted in part respondent’s motion for relief from certain
record filing requirements, but reserved ruling on Kendall County’s
motion to intervene.
4-0
P-C-F-S-R
PCB 07-147
L. Keller Oil Properties, Inc. / Farina v. IEPA – The Board denied
respondent’s motion for summary judgment.
4-0
P-A
PCB 08-09
Midwest Generation, LLC, Will County Generating Station v.
IEPA – No action taken.
P-A
Air
PCB 08-10
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.
4-0
UST
Appeal, 90-
Day
Extension
PCB 08-11
People of the State of Illinois v. Plastic Capacitors, Inc. – The
Board accepted for hearing this air enforcement action involving a
site located in Cook County.
4-0
A-E
PCB 08-12
Loretta Thigpen v. Morton Mobile Home Park, LLC d/b/a
Edgewood Terrace Mobile Home Park – The Board held this action
for proof of service and a later duplicative/frivolous determination
this citizens’ public water supply enforcement action involving a
Tazewell County facility.
Citizens
PWS-E
PCB 08-13
Chad Gifford v. American Metal Fibers, Inc. – The Board held this
action for a later duplicative/frivolous determination this citizens’
noise enforcement action involving a Lake facility.
Citizens
N-E
PCB 08-14
Dale’s Service 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 Massac County facility.
4-0
UST
Appeal, 90-
Day
Extension
5
CASES PENDING DECISION
R06-26
In the Matter of: Proposed New Clean Air Interstate Rule (CAIR)
SO2, NOx Annual and NOx Ozone Season Trading Programs, 35
Ill. Adm. Code 225, Subparts A, C, D, E, and F –Adopted Rule,
Final Order (scheduled for JCAR review 8/14/07)
R, Air
OTHER ITEMS
The Board granted the Chairman’s motion to change location of
October 4, 2007 Board Meeting from Springfield to Chicago,
Room 9-040.
4-0
ADJOURNMENT
Moved and seconded, by a vote of, Chairman Girard adjourned the meeting at 11:24
a.m.
I, John T. Therriault, Assistant Clerk of the Illinois Pollution Control Board, certify that
the Board approved the above minutes on August 23, 2007, by a vote of 4-0.
John T. Therriault, Assistant Clerk
Illinois Pollution Control Board
6
