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

PMA & Associates, Inc. v. IEPA – No action taken.
Russ Taylor, d/b/a Mahomet Hen House v. IEPA – The Board granted this Champaign County facility’s motion for voluntary dismissal of this permit appeal.
TT-Town Drive Thru, Inc. v. IEPA – No action taken.
Kyle Nash v. Karen Sokolowski – No action taken.
Kyle Nash v. Louis Jimenez – No action taken.
Big Tony's Lounge v. IEPA – The Board granted this Alexander County facility’s motion for voluntary dismissal of this underground storage tank appeal.
Fox Moraine, LLC v. United City of Yorkville, City Council – The Board denied the Friends of Greater Yorkville’s (FGY) petition to intervene, but will allow FGY to file an amicus curiae brief with the Board consistent with the briefing schedule established by the hearing officer. The Board granted the Village of Plainfield’s motion for leave to file amicus curiae brief.
L. Keller Oil Properties, Inc. / Farina v. IEPA – The Board partially affirmed and partially reversed the Illinois Environmental Protection Agency’s May 17, 2007 determinations which rejected petitioner’s proposed Stage II Site Investigation Plan and Budget.
Dale's Service 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 Massac County.
People of the State of Illinois v. Gateway Bobcat of Herberer Equipment Co., Inc. d/b/a Bobcat of St. Louis – In this water enforcement action concerning a St. Clair 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)), and accepted a stipulation and settlement agreement, ordering the respondent to pay a total civil penalty of $30,000, and to cease and desist from further violations.
Citgo Petroleum Corporation and PDV Midwest Refining, L.L.C. v. IEPA – No action taken.
Webel Feeds and Tlhus, Inc. v. IEPA – The Board accepted for hearing this underground storage tank appeal involving a site located in Pike County.
Estate of William Eggert v. IEPA – The Board accepted for hearing this underground storage tank appeal involving a site located in Cook County.

ILLINOIS POLLUTION CONTROL BOARD

EETING MINUTES

DECEMBER 6, 2007, CHICAGO OFFICE

100 W. Randolph Street

Conference Room 11-512

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 four Board Members answered present.

APPROVAL OF MINUTES

The minutes of the November 15, 2007 open meeting were approved by a vote of 4-0. The

minutes of the November 29, 2007 closed deliberative session were approved by a vote of 3-0,

with Member Melas abstaining.

RULEMAKINGS

R07-20

In the Matter of: Procedures Required by PA 94-849 for Reporting

Releases of Radionuclides at Nuclear Power Plants: New 35 Ill.

Adm. Code Part 1010 – The Board adopted a first notice opinion

and order in this rulemaking to set new standards for detecting and

reporting unpermitted releases of radionuclides from nuclear power

plants.

4-0

R, Land

DJUSTED STANDARDS

AS 04-4

In the Matter of: Petition of Johns Manville For an Adjusted

Standard From 35 Ill. Adm. Code Part 814: 811.310, 811.311,

811.318 – The Board granted this Lake County facility an adjusted

standard, subject to conditions, from specific landfill closure

requirements for monitoring groundwater and gas at an on-site

landfill.

4-0

Land

AS 08-1

In the Matter 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

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.

Ground

Water

AS 08-5

In the Matter of: Petition of BFI Waste Systems of North America,

Inc. for Waste Delisting – No action taken.

Land

AS 08-6

In the Matter of: Petition of BioMedical Technology Solutions,

Inc. for an Adjusted Standard from 35 Ill. Adm. Code 1422 – No

action taken.

Land

ADMINISTRATIVE CITATIONS

AC 05-72

IEPA v. Gary Clover, d/b/a Clover Concrete, Marion, IL

– The

Board entered an interim opinion and order finding respondent

violated Sections 21(p)(1), (p)(3) and (p)(4) of the Act (415 ILCS

5/21(p)(1), (p)(4) (2006)) and assessing a penalty of $4,500. The

Board ordered the Clerk of the Board and the Environmental

Protection Agency to file within 14 days a statement of hearing

costs, supported by affidavit, with service on respondent.

Respondent may respond to the cost statement within 14 days of

service.

4-0

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 07-43

County of Jackson v. Bob Osinga – The Board entered an interim

opinion and order finding respondent violated Sections 21(p)(1)

and (p)(7) of the Act (415 ILCS 5/21(p)(1), (p)(7) (2006)) and

assessing a penalty of $3,000. The Board ordered the Clerk of the

Board and the County of Jackson to file within 14 days a statement

of hearing costs, supported by affidavit, with service on respondent.

Respondent may respond to the cost statement within 14 days of

service.

4-0

AC 08-7

County of Vermillion, Illinois (File No. 07-02) v. Connie Yount –

The Board found that this Vermillion County respondent violated

Sections 21(p)(1) and (3) of the Act (415 ILCS 5/21(p)(1), (3)

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

4-0

AC 08-9

IEPA v. Gene & Elena Greenwood – No action taken.

AC 08-10

IEPA v. Henry, Patty and Bradley Maynor – The Board accepted

an administrative citation against these Williamson County

respondents.

ADJUDICATORY CASES

PCB 96-143

People of the State of Illinois v. Michel Grain Company, Inc., a/k/a

Michel Fertilizer, Caryle Michel and Ronnie Todd and Ronnie

Todd Land Trust – In this land and water enforcement action

concerning two separate facilities located in Jefferson and

Hamilton Counties, 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)), and accepted a stipulation and

settlement agreement, ordering the respondents to pay a total civil

penalty of $5,000, and to cease and desist from further violations.

4-0

L,W-E

PCB 07-23

People of the State of Illinois v. Greg Giertz d/b/a Giertz Swine

Farm #1 – In this water enforcement action concerning a Mercer

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)), and accepted a stipulation and

settlement agreement, ordering the respondent to pay a total civil

penalty of $3,500, and to cease and desist from further violations.

4-0

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 – In this land

enforcement action concerning a Vermilion 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)), and accepted two separate stipulation and settlement

agreements, ordering the respondents to pay a total civil penalty of

$100,000, and to cease and desist from further violations.

4-0

L-E

PCB 07-40

People of the State of Illinois v. Village of Browning– In this water

enforcement action concerning a Schuyler 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)), and accepted a stipulation and settlement agreement,

ordering the respondent to pay a total civil penalty of $300, and to

cease and desist from further violations.

4-0

PWS-E

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 07-80

Russ Taylor, d/b/a Mahomet Hen House v. IEPA – The Board

granted this Champaign County facility’s motion for voluntary

dismissal of this permit appeal.

4-0

P-A, Land

PCB 07-84

American Bottom Conservancy and Sierra Club v. City of

Madison, Illinois and Waste Management of Illinois, Inc. – The

Board affirmed the decision of the City of Madison approving

Waste Management of Illinois’ application to site the “North

Milan” landfill expansion.

4-0

L-S-R

PCB 07-85

TT-Town Drive Thru, Inc. 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 07-113

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

Illinois Municipal Corporation and The Rochelle City Council –

The Board denied petitioner’s motion for leave to file its motion for

partial summary judgment.

4-0

P-A, Land

PCB 07-135

George R. Strunk v. Williamson Energy LLC (Pond Creek Mine

#1) – No action taken.

A, N, W-E

PCB 07-142

Big Tony's Lounge v. IEPA

– The Board granted this Alexander

County facility’s motion for voluntary dismissal of this

underground storage tank appeal.

4-0

UST Appeal

PCB 07-146

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

Board denied the Friends of Greater Yorkville’s (FGY) petition to

intervene, but will allow FGY to file an

amicus curiae

brief with

the Board consistent with the briefing schedule established by the

hearing officer. The Board granted the Village of Plainfield’s

motion for leave to file

PCB 07-147

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

affirmed and partially reversed the Illinois Environmental

Protection Agency’s May 17, 2007 determinations which rejected

petitioner’s proposed Stage II Site Investigation Plan and Budget.

4-0

UST Appeal

PCB 08-14

Dale's Service 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 Massac County.

4-0

UST Appeal

PCB 08-29

People of the State of Illinois v. Gateway Bobcat of Herberer

Equipment Co., Inc. d/b/a Bobcat of St. Louis – In this water

enforcement action concerning a St. Clair 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)), and accepted a stipulation and settlement agreement,

ordering the respondent to pay a total civil penalty of $30,000, and

to cease and desist from further violations.

4-0

W-E

PCB 08-33

Citgo Petroleum Corporation and PDV Midwest Refining, L.L.C.

v. IEPA – No action taken.

4-0

W-V

PCB 08-34

Webel Feeds and Tlhus, Inc. v. IEPA – The Board accepted for

hearing this underground storage tank appeal involving a site

located in Pike County.

4-0

UST Appeal

PCB 08-35

Estate of William Eggert v. IEPA

– The Board accepted for hearing

this underground storage tank appeal involving a site located in

Cook County.

4-0

UST Appeal

CASES PENDING DECISION

THER ITEMS

ADJOURNMENT

Moved and seconded, by a vote of, Chairman Girard adjourned the meeting at 11:25

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

the Board approved the above minutes on December 20, 2007, by a vote of 4-0.

John T. Therriault, Assistant Clerk

Illinois Pollution Control Board