1. AC 07-72
    2. AC 08-5
      1. George R. Strunk v. Williamson Energy LLC (Pond Creek Mine #1) – No action taken.
      2. Randy Grant, Donald Grant and Patricia Wallace v. Mach Mining (Pond Creek Mine #1) - No action taken.
    3. Fox Moraine, LLC v. United City of Yorkville, City Council –The Board granted Kendall County’s motion to intervene.
      1. Midwest Generation, LLC, Will County Generating Station v. IEPA – The Board granted petitioner’s motion for a partial stay of the construction permit.
      2. Loretta Thigpen v. Morton Mobile Home Park, LLC, an Illinois limited liability company, 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.
      3. 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.
      4. People of the State of Illinois v. Four S, LLC, - 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 Madison County facility, the Board ordered publication of the required newspaper notice.
      5. Dalee Oil Company v. IEPA – The Board accepted for hearing this underground storage tank appeal involving a Madison County facility.
      6. People of the State of Illinois v. Felker Pharmacy, Inc. and Rod Bennett Construction, Inc. – The Board accepted for hearing this water enforcement action involving a site located in Lee County.

ILLINOIS POLLUTION CONTROL BOARD
M
EETING MINUTES
August 23, 2007
CHICAGO OFFICE
Room 9-040, 100 West Randolph Street
Chicago, IL 60601
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 August 9, 2007 open meeting 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 adopted a final opinion and order in this rulemaking
amending the Board’s air pollution regulations.
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 to withdraw
testimony.
4-0
R, Air
A
DJUSTED STANDARDS
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.
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 07-72
IEPA v. Landfill 33 Ltd., Wendt Family Trust, Richard Deibel, and
Brian Hayes – The Board found that these Effingham County
respondents violated Sections 21(o)(5) and (o)(12) of the
Environmental Protection Act (415 ILCS 5/21(o)(5) and (o)(12)
(2006)), and ordered respondents to pay a civil penalty of $1,000
.
4-0
2

 
AC 08-5
County of Macon, Illinois v. Annette Topps and Richard Jones –
The Board accepted for hearing this petition for review of an
administrative citation against these Macon County respondents.
ADJUDICATORY CASES
Decisions
None
Motions and Other Matters
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
Air
PCB 04-216
Midwest Generation v. IEPA – No action taken.
T-S
Air
PCB 06-157
People of the State of Illinois v. Belvidere National Bank and Trust
Company Trust Number 1600, a trust, Cordray Brothers, Inc., an
Illinois corporation, and as sole beneficiary of Trust No. 1600 –
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 three sites located in
Boone and Ogle Counties, the Board ordered publication of the
required newspaper notice.
4-0
W-E
3

 
PCB 07-44
Indian Creek Development Company, an Illinois partnership,
individually as beneficiary under trust 3291 of the Chicago Title
and Trust Company dated December 15, 1981 and the Chicago
Title 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.
L, W-E
PCB 07-63
PMA & Associates, Inc. v. IEPA – No action taken.
UST
Appeal
PCB 07-135
George R. Strunk v. Williamson Energy LLC (Pond Creek Mine
#1) – No action taken.
A,N,W-E
PCB 07-145
Randy Grant, Donald Grant and Patricia Wallace v. Mach Mining
(Pond Creek Mine #1) - No action taken.
N-E
PCB 07-146
Fox Moraine, LLC v. United City of Yorkville, City Council –The
Board granted Kendall County’s motion to intervene.
4-0
P-C-F-S-R
PCB 08-09
Midwest Generation, LLC, Will County Generating Station v.
IEPA – The Board granted petitioner’s motion for a partial stay of
the construction permit.
4-0
P-A
Air
PCB 08-12
Loretta Thigpen v. Morton Mobile Home Park, LLC, an Illinois
limited liability company, 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.
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.
N-E
PCB 08-15
People of the State of Illinois v. Four S, LLC, - 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 Madison County facility, the Board
ordered publication of the required newspaper notice.
4-0
W-E
4

 
PCB 08-16
Dalee Oil Company v. IEPA – The Board accepted for hearing this
underground storage tank appeal involving a Madison County
facility.
4-0
UST
Appeal
PCB 08-17
People of the State of Illinois v. Felker Pharmacy, Inc. and Rod
Bennett Construction, Inc. – The Board accepted for hearing this
water enforcement action involving a site located in Lee County.
4-0
W-E
CASES PENDING DECISION
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)(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) – Proposed Rule
– First Notice
R,Water
OTHER ITEMS
The Board granted the Chairman’s Motion to change September 6,
2007, Meeting from a Video Meeting to One Held in the James R.
Thompson Center, Chicago, Room 9-040.
4-0
ADJOURNMENT
Moved and seconded, by a vote of, Chairman Girard adjourned the meeting at 11:15
a.m.
I, John T. Therriault, Assistant Clerk of the Illinois Pollution Control Board, certify that
the Board approved the above minutes on September 6, 2007, by a vote of 4-0.
John T. Therriault, Assistant Clerk
Illinois Pollution Control Board
5

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