| | - PCB 01-69
- D & L Landfill, Inc. v. IEPA – The Board granted this Bond County facility’s motion for voluntary dismissal of this permit appeal.
- Bob’s Service Center, Inc. v. IEPA – The Board denied petitioner’s motion to consolidate this case with fourteen other UST appeals.
- TT-Town Drive Thru, Inc. v. IEPA – The Board denied petitioner’s motion to consolidate this case with fourteen other UST appeals.
- L.W. Paul Supply Co., Inc. v. IEPA – The Board denied petitioner’s motion to consolidate this case with fourteen other UST appeals.
- Reed’s Service v. IEPA – The Board denied petitioner’s motion to consolidate this case with fourteen other UST appeals.
- Mahr’s Service and Sales v. IEPA – The Board denied petitioner’s motion to consolidate this case with fourteen other UST appeals.
- Ruth Oil Co., Inc. v. IEPA – The Board denied petitioner’s motion to consolidate this case with fourteen other UST appeals.
- Gateway FS, Inc. v. IEPA – The Board denied petitioner’s motion to consolidate this case with fourteen other UST appeals.
- Pioneer Oil Company v. IEPA – The Board denied petitioner’s motion to consolidate this case with fourteen other UST appeals.
- Jahraus Oil Company, Inc. v IEPA – The Board denied petitioner’s motion to consolidate this case with fourteen other UST appeals.
- Yesley Service Company, Inc. v. IEPA – The Board denied petitioner’s motion to consolidate this case with fourteen other UST appeals.
- Gallaher's Shell v. IEPA – The Board denied petitioner’s motion to consolidate this case with fourteen other UST appeals.
- George R. Strunk v. Williamson Energy LLC (Pond Creek Mine #1) – No action taken.
- PCB 07-137
- Russell Oil Company, Inc. v. IEPA – The Board denied petitioner’s motion to consolidate this case with fourteen other UST appeals.
- PCB 07-138
- Watertower Marina, Inc. v. IEPA – The Board denied petitioner’s motion to consolidate this case with fourteen other UST appeals.
- PCB 07-140
- Anne or Fred Hood v. IEPA – 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 Macoupin County.
- PCB 07-143
- Joe’s Midtown Auto Repair v. IEPA – No action taken.
- 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 found the alleged violations of the Board’s regulation and the Environmental Protection Act neither duplicative nor frivolous and accepted this citizen’s public water supply enforcement action involving a Tazewell County facility for hearing.
- People of the State of Illinois v. Four S, LLC – In this water enforcement action concerning a Madison 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) (2004)), and accepted a stipulation and settlement agreement, ordering the respondent to pay a total civil penalty of $2,500, and to cease and desist from further violations.
- Midwest Generating, LLC, Will County Generating Station v. IEPA – The Board granted petitioner’s motion for a partial stay of the construction permit. The Board denied the request for stay as to a portion of Condition 5(b) only.
- Midwest Generating, LLC, Powerton Generating Station v. IEPA – The Board granted petitioner’s motion for a partial stay of the construction permit. The Board denied the request for stay as to a portion of Condition 5(b) only.
- Midwest Generating, LLC, Joliet Generating Station v. IEPA – The Board granted petitioner’s motion for a partial stay of the construction permit. The Board denied the request for stay as to a portion of Condition 5(b) only.
- People of the State of Illinois v. Gary Cates, d/b/a Cherry Street Automotive, Calvin Booth, d/b/a Auto Salvage Illinois, and S. I. Promotion Flora, Inc. – The Board accepted for hearing this land enforcement action involving a site located in Lee County.
- People of the State of Illinois v. City of Hometown – The Board accepted for hearing this public water supply enforcement action involving a site located in Cook County.
|
ILLINOIS POLLUTION CONTROL BOARD
M
EETING MINUTES
OCTOBER 4, 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.
ROLL CALL
The Assistant Clerk of the Board called the roll. All Board Members answered present.
APPROVAL OF MINUTES
The minutes of the September 20, 2007 open meeting and September 29, 2007 closed
deliberative session were approved by a vote of 4-0.
RULEMAKINGS
R07-8
In the Matter of: Proposed Amendments to Solid Waste Landfill
Rules, 35 Ill. Adm. Code 810 and 811 – The Board adopted a
second notice opinion and order in this rulemaking to amend the
Board’s solid waste disposal regulations.
4-0
R, Land
R07-17
In the Matter of: Amendments to the Board's Procedural Rules
and Underground Storage Tank Rules to Reflect P. A. 94-0274,
P.A. 94-0276, P.A. 94-0824, P.A. 95-031, P.A. 95-0177, and P.A.
95-0408 (35 Ill. Adm. Code 101.202, 732.103, 732.702, 634.115,
and 734.710) – The Board adopted a second notice opinion and
order in this rulemaking to amend the Board’s procedural rules
and underground storage tank regulations to reflect recent
legislation.
4-0
R, Land
R08-8
In the Matter of: Abbott Laboratories' Proposed Site-Specific
Amendment to Applicability Section of Organic Material
Emission Standards and Limitations for the Chicago Area:
Subpart T: Pharmaceutical Manufacturing (35 Ill. Adm. Code
218.480(b)) – The Board accepted for hearing petitioner’s
September 4, 2007 proposal to amend the Board’s air pollution
control regulations. The Board also authorized first notice
publication of the proposal without comment on the merits. The
Board granted petitioner’s motions to waive requirements to
submit 200 signatures, but denied the request for expedited
review. The Board also requested that petitioner address the
“published study or report” requirement of 35 Ill. Adm. Code
102.210(c).
3-0
Moore
abstained
R, Air
A
DJUSTED STANDARDS
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 – No
action taken.
AS 08-3
In the Matter of: Petition for Adjusted Standard from 35 Ill. Adm.
Code 620.420 for Nobel Risley's Landfill #2 – The Board granted
the Agency’s motion for an extension of the time in which it must
file the recommendation, now due on November 19, 2007. The
Board also granted petitioner’s motion for leave to file only a total
of four copies of the 1,250-page technical justification. The Board
denied petitioner’ request for expedited review.
4-0
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
2
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.
AC 07-25
City of Chicago Department of Environment v. 1601-1759 East
130th Street, LLC - No action taken.
AC 08-4
IEPA v. Fred Honaker - The Board found that this Moultrie
respondent violated Sections 21(p)(1), (3) and (7) of the Act (415
ILCS 5/21(p)(1), (3) and (7) (2006)) and ordered respondent to pay
a penalty of $4,500.
4-0
AC 08-5
County of Macon, Illinois v. Annette Topps and Richard Jones -
The Board found that Annette Topps only, violated Sections
21(p)(1), (3) and (7) of the Act (415 ILCS 5/21(p)(1), (3) and (7)
(2006)) and ordered respondent to pay a penalty of $4,500.
Richard Jones’ petition for review was accepted for hearing on
September 20. 2007.
4-0
AC 08-6
IEPA v. Salam H. Nijme and Shasban Karam A. Nijme - The Board
accepted an administrative citation against these St. Clair County
respondents.
ADJUDICATORY CASES
PCB 01-69
Terminal Railroad Association v. IEPA – The Board granted this
St. Clair County facility’s motion for voluntary dismissal of this
permit appeal.
4-0
P-A, Land
3
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 05-202
People of the State of Illinois v. Phoenix Finishing, Inc. – 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 DuPage County facility, the
Board ordered publication of the required newspaper notice.
4-0
A-E
PCB 06-7
Lawrence Keith Padgett and Charlotte Ann Padgett v. Attorney's
Title Guaranty Fund, Inc. – The Board granted the joint motion for
voluntary dismissal of this citizens noise enforcement action
involving a Champaign County site.
4-0
N-E
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 – In
this water enforcement action concerning a Boone 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)
(2004)), and accepted a stipulation and settlement agreement,
ordering the respondent to pay a total civil penalty of $15,000, and
to cease and desist from further violations.
4-0
W-E
PCB 06-185
D & L Landfill, Inc. v. IEPA – The Board granted this Bond
County facility’s motion for voluntary dismissal of this permit
appeal.
4-0
A, P-A
PCB 07-40
People of the State of Illinois v. Village of Browning
– Upon
receipt of a proposed stipulation and settlement agreement and an
agreed motion to request relief from the hearing requirement in this
public water supply enforcement action involving a
Schuyler County facility, the Board ordered publication of the
required newspaper notice.
4-0
PWS-E
4
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 – The Board denied petitioner’s
motion to consolidate this case with fourteen other UST appeals.
UST Appeal
PCB 07-82
Bob’s Service Center, Inc. v. IEPA – The Board denied
petitioner’s motion to consolidate this case with fourteen other
UST appeals.
4-0
Appeal
PCB 07-85
TT-Town Drive Thru, Inc. v. IEPA – The Board denied petitioner’s
motion to consolidate this case with fourteen other UST appeals.
4-0
UST Appeal
PCB 07-99
L.W. Paul Supply Co., Inc. v. IEPA – The Board denied
petitioner’s motion to consolidate this case with fourteen other
UST appeals.
4-0
UST Appeal
PCB 07-108
Reed’s Service v. IEPA – The Board denied petitioner’s motion to
consolidate this case with fourteen other UST appeals.
4-0
UST Appeal
PCB 07-115
Dynegy Midwest Generation, Inc. (Havana Power Station)
v. IEPA
– The Board granted petitioner’s motion for a partial stay of the
construction permit.
4-0
P-A, Air
PCB 07-119
Mahr’s Service and Sales v. IEPA
– The Board denied petitioner’s
motion to consolidate this case with fourteen other UST appeals.
4-0
UST Appeal
PCB 07-120
Ruth Oil Co., Inc. v. IEPA
– The Board denied petitioner’s motion
to consolidate this case with fourteen other UST appeals.
4-0
UST Appeal
PCB 07-126
Gateway FS, Inc. v. IEPA – The Board denied petitioner’s motion
to consolidate this case with fourteen other UST appeals.
4-0
UST Appeal
PCB 07-127
Pioneer Oil Company
v. IEPA – The Board denied petitioner’s
4-0
5
motion to consolidate this case with fourteen other UST appeals.
UST Appeal
6
PCB 07-128
Jahraus Oil Company, Inc. v IEPA – The Board denied petitioner’s
motion to consolidate this case with fourteen other UST appeals.
4-0
UST Appeal
PCB 07-129
Yesley Service Company, Inc. v. IEPA – The Board denied
petitioner’s motion to consolidate this case with fourteen other
UST appeals.
4-0
UST Appeal
PCB 07-130
Gallaher's Shell v. IEPA – The Board denied petitioner’s motion to
consolidate this case with fourteen other UST appeals.
4-0
UST Appeal
PCB 07-135
George R. Strunk v. Williamson Energy LLC (Pond Creek Mine
#1) – No action taken.
A,N,W-E
PCB 07-137
Russell Oil Company, Inc. v. IEPA – The Board denied petitioner’s
motion to consolidate this case with fourteen other UST appeals.
4-0
UST Appeal
PCB 07-138
Watertower Marina, Inc. v. IEPA – The Board denied petitioner’s
motion to consolidate this case with fourteen other UST appeals.
4-0
UST Appeal
PCB 07-140
Anne or Fred Hood v. IEPA – 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 Macoupin County.
4-0
UST Appeal
PCB 07-143
Joe’s Midtown Auto Repair v. IEPA – No action taken.
UST Appeal
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 found the alleged violations of the Board’s
regulation and the Environmental Protection Act neither
duplicative nor frivolous and accepted this citizen’s public water
supply enforcement action involving a Tazewell County facility for
hearing.
PWS-E,
Citizens
PCB 08-15
People of the State of Illinois v. Four S, LLC
– In this water
enforcement action concerning a Madison 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)
(2004)), and accepted a stipulation and settlement agreement,
ordering the respondent to pay a total civil penalty of $2,500, and
to cease and desist from further violations.
4-0
W-E
7
PCB 08-22
Midwest Generating, LLC, Will County Generating Station v.
IEPA – The Board granted petitioner’s motion for a partial stay of
the construction permit. The Board denied the request for stay as
to a portion of Condition 5(b) only.
4-0
P-A, Air
PCB 08-23
Midwest Generating, LLC, Powerton Generating Station v. IEPA –
The Board granted petitioner’s motion for a partial stay of the
construction permit. The Board denied the request for stay as to a
portion of Condition 5(b) only.
4-0
P-A, Air
PCB 08-24
Midwest Generating, LLC, Joliet Generating Station v. IEPA – The
Board granted petitioner’s motion for a partial stay of the
construction permit. The Board denied the request for stay as to a
portion of Condition 5(b) only.
4-0
P-A, Air
PCB 08-26
People of the State of Illinois v. Gary Cates, d/b/a Cherry Street
Automotive, Calvin Booth, d/b/a Auto Salvage Illinois, and S. I.
Promotion Flora, Inc. – The Board accepted for hearing this land
enforcement action involving a site located in Lee County.
4-0
L-E
PCB 08-27
People of the State of Illinois v. City of Hometown – The Board
accepted for hearing this public water supply enforcement action
involving a site located in Cook County.
4-0
PWS-E
CASES PENDING DECISION
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
AS-Water
O
THER ITEMS
8
ADJOURNMENT
Moved and seconded, by a vote of, Chairman Girard adjourned the meeting at 11:32
.
I, John T. Therriault, Assistant Clerk of the Illinois Pollution Control Board, certify that
the Board approved the above minutes on October 18, 2007, by a vote of 4-0.
John T. Therriault, Assistant Clerk
Illinois Pollution Control Board
9
