| | - TT-Town Drive Thru, Inc. v. IEPA – No action taken.
- Dynegy Midwest Generation, Inc. (Hennepin Power Station) v. IEPA – The Board accepted for hearing this permit appeal involving a Bureau County facility. No action was taken on petitioner’s motion for partial stay of specified conditions in the construction permit.
- George R. Strunk v. Williamson Energy LLC (Pond Creek Mine #1) – No action taken.
- PCB 07-143
- Joe’s Midtown Auto Repair v. IEPA – The Board denied respondent’s motion to dismiss.
- PCB 08-5
- Dunn’s University BP v. IEPA (Corrective Action Plan Dated December 30, 2006) – 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 located in Coles County.
- People of the State of Illinois v. City of Jerseyville – 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 Jersey County facility, the Board ordered publication of the required newspaper notice.
- People of the State of Illinois v. Gateway Bobcat of Herberer Equipment Co., Inc. d/b/a Bobcat of St. Louis – The Board accepted for hearing this public water supply enforcement action involving a site located in Cook County.
- Caseyville Sport Choice, LLC, an Illinois Limited Liability Company v. Erma I. Seiber, Administratrix of the Estate of James A. Seiber, Deceased, and Erma I. Seiber in her individual capacity – The Board held this action for the filing of proof of service and a later duplicative/frivolous determination concerning this citizens’ land enforcement action involving a St. Clair County facility.
|
ILLINOIS POLLUTION CONTROL BOARD
M
EETING MINUTES
OCTOBER 18, 2007, CHICAGO OFFICE
100 W. Randolph Street
Conference Room 9-040
11:00 A.M.
ANNOUNCEMENTS
Chairman Girard welcomed members of the public and staff. Chairman Girard then reported
“the sad news that the First Chairman of the Board, David Currie, passed away on Monday,
October 15, 2007. David Currie was a law professor at the University of Chicago for forty-four
years before retiring last year. He not only served as the First Chairman of the Board, but he was
credited with drafting the Environmental Protection Act that established the Board and the
Illinois Environmental Protection Agency. Our prayers are with his wife, Barbara Flynn Currie
and family.”
ROLL CALL
The Assistant Clerk of the Board called the roll. All four Board Members answered present.
APPROVAL OF MINUTES
The minutes of the October 4, 2007 open meeting and October 11, 2007 closed deliberative
session were approved by a vote of 4-0.
RULEMAKINGS
R08-6
Definition of VOM Update, USEPA Amendments (January 1,
2007 through June 30, 2007) – The Board adopted a proposal for
public comment in this “identical-in-substance” rulemaking to
update the definition of “volatile organic material” (VOM) in the
Board’s air pollution regulations.
4-0
R, Air
A
DJUSTED STANDARDS
AS 07-2
In the Matter of: Proposed Extension of Adjusted Standard
Applicable to Illinois-American Water Company's Alton Public
Water Supply Facility Discharge to the Mississippi River – The
Board granted this Madison County facility an adjusted standard
from the effluent discharge requirements, pursuant to 35 Ill Adm.
Code 304.106 and 304.124, effective October 17, 2007 and subject
to conditions.
4-0
AS 08-2
In the Matter of: Petition of Stericycle, Inc. for an Adjusted
Standard from Ill. Adm. Code tit. 35 1422.111(B)(1);
1450.105(A)-(B); 1450.200 (E); and Condition 15 of Permit No.
1997-264-DE/OP, Supplemental Permit No. 2005-182-SP – The
Board ordered petitioner to file an amended petition to cure noted
deficiencies on or before November 18, 2007, or the petition would
be subject to dismissal.
4-0
AS 08-3
In the Matter of: Petition for Adjusted Standard from 35 Ill. Adm.
Code 620.420 for Nobel Risley's Landfill #2 – No action taken.
AS 08-4
In the Matter of: Petition of the City of Chicago Heights for an
Adjusted Standard from 35 IAC 810.103, 814.102, and 814.501(c)
–
No action taken.
Land
ADMINISTRATIVE CITATIONS
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.
2
AC 07-25
City of Chicago Department of Environment v. 1601-1759 East
130th Street, LLC - No action taken.
ADJUDICATORY CASES
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 06-33
People of the State of Illinois v. First Choice Construction, Inc. –
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 St. Clair County
facility, the Board ordered publication of the required newspaper
notice.
4-0
L-E
PCB 06-82
People of the State of Ilinois v. Barger Engineering, Inc. – No
action taken.
W-E
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 – Upon receipt of
separate proposed stipulations and settlement agreements between
the People and each party, and agreed motions to request relief
from the hearing requirement, in this land enforcement action
involving a Vermilion County facility, the Board ordered
publication of the required newspaper notices.
4-0
L-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.
Citizens
L, W-E
PCB 07-63
PMA & Associates, Inc. v. IEPA – No action taken.
UST Appeal
PCB 07-85
TT-Town Drive Thru, Inc. v. IEPA – No action taken.
UST Appeal
PCB 07-123
Dynegy Midwest Generation, Inc. (Hennepin Power Station) v.
IEPA – The Board accepted for hearing this permit appeal
involving a Bureau County facility. No action was taken on
petitioner’s motion for partial stay of specified conditions in the
construction permit.
4-0
PA-Air
PCB 07-135
George R. Strunk v. Williamson Energy LLC (Pond Creek Mine
#1) – No action taken.
A, N, W-E
PCB 07-143
Joe’s Midtown Auto Repair v. IEPA – The Board denied
respondent’s motion to dismiss.
4-0
UST Appeal
PCB 08-5
Dunn’s University BP v. IEPA (Corrective Action Plan Dated
December 30, 2006) – 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
located in Coles County.
4-0
UST Appeal
PCB 08-28
People of the State of Illinois v. City of Jerseyville – 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 Jersey County facility, the Board
ordered publication of the required newspaper notice.
4-0
W-E
PCB 08-29
People of the State of Illinois v. Gateway Bobcat of Herberer
Equipment Co., Inc. d/b/a Bobcat of St. Louis – The Board
accepted for hearing this public water supply enforcement action
involving a site located in Cook County.
4-0
W-E
4
PCB 08-30
Caseyville Sport Choice, LLC, an Illinois Limited Liability
Company v. Erma I. Seiber, Administratrix of the Estate of James
A. Seiber, Deceased, and Erma I. Seiber in her individual capacity
– The Board held this action for the filing of proof of service and a
later duplicative/frivolous determination concerning this citizens’
land enforcement action involving a St. Clair County facility.
L-E
Citizens
CASES PENDING DECISION
PCB
96-98
People of the State of Illinois v. Skokie Valley Asphalt, 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.
W-E
O
THER ITEMS
The Board granted the Chairman’s motion to Change the
November 1, 2007 Meeting from a video meeting to one held in the
James R. Thompson Center, Chicago, Room 11-512 (or larger
room to be announced later).
ADJOURNMENT
Moved and seconded, by a vote of, Chairman Girard adjourned the meeting at 11:24
.
I, John T. Therriault, Assistant Clerk of the Illinois Pollution Control Board, certify that
the Board approved the above minutes on November 1, 2007, by a vote of 4-0.
John T. Therriault, Assistant Clerk
Illinois Pollution Control Board
5
