1. AC 08-6
    2. AC 08-8
    3. AC 08-11
      1. PMA & Associates, Inc. v. IEPA – No action taken.
      2. TT-Town Drive Thru, Inc. v. IEPA – No action taken.
      3. Kyle Nash v. Karen Sokolowski – No action taken.
      4. Kyle Nash v. Louis Jimenez – No action taken.
      5. Fox Moraine, LLC v. United City of Yorkville, City Council – Referred to hearing officer for evaluation.
      6. People of the State of Illinois v. Arona Corporation, d/b/a Aaron's Sales & Lease Ownership – Upon receipt of a proposed stipulation and settlement agreement and an agreed motion to request relief from the hearing requirement in this land and water enforcement action involving a Winnebago County facility, the Board ordered publication of the required newspaper notice.
      7. People of the State of Illinois v. Felker Pharmacy, Inc.and Rod Bennett Construction, Inc.v. McClellan Blakemore Architects, Inc. and Wendler Engineering Services, Inc. – No action taken.
      8. Partylite Worldwide, Inc. v. IEPA – No action taken.
      9. Citgo Petroleum Corporation and PDV Midwest Refining, L.L.C. v. IEPA – The Board directed petitioner to file an amended petition to cure noted deficiencies on or before January 22, 2008, or the petition would be subject to dismissal.
      10. Dave McGhee v. IEPA – The Board accepted for hearing this underground storage tank appeal involving a site located in Douglas County.
      11. Woodworth & Sons, Inc. 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 Champaign County facility.
      12. Interstate Oil, Inc. v. IEPA – No action taken.
    4. R08-6
    5. PCB 08-25
ILLINOIS POLLUTION CONTROL BOARD
M
EETING MINUTES
DECEMBER 20, 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 four Board Members answered present.
APPROVAL OF MINUTES
The minutes of the December 6, 2007 open meeting were approved by a vote of 4-0.
RULEMAKINGS
NONE
A
DJUSTED STANDARDS
AS 07-3
In the Matter of: Petition of Midwest Generation, LLC, Waukegan
Generating Station for an Adjusted Standard from 35 Ill. Adm.
Code 225.230 – No action taken.
Air
AS 07-4
In the Matter of: Petition of Midwest Generation, LLC, Will
County Generating Station for an Adjusted Standard from 35 Ill.
Adm. Code 225.230 – No action taken.
Air
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) – The Board
granted petitioners motion to stay this adjusted standard
proceeding, pending final action in rulemaking docket 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), R07-9
4-0
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 08-4
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)
– The Board dismissed this petition for an adjusted standard for
petitioner’s failure to timely publish notice of the filing of the
petition by advertisement in a newspaper of general circulation in
the area likely to be affected, as required by Section 28.1 of the
Environmental Protection Act (415 ILCS 5/28.1(d)(1) (2006)).
4-0
Land
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 – The
Board ordered petitioner to file an amended petition to cure noted
deficiencies on or before January 7, 2008.
4-0
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.
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 08-6
IEPA v. Salam H. Nijme and Shasban Karam A. Nijme – The
Board granted complainant’s motion to dismiss the administrative
citation due to failure of service.
4-0
AC 08-8
IEPA (File No. 318-07-AC) v. James and Mildred Taviner – The
Board found that these respondents violated Sections 21(p)(1), (3)
and (7) of the Act (415 ILCS 5/21(p)(1), (3) and (7) (2006)),
assessing a penalty of $4,500 in this administrative citation
involving a Calhoun County facility.
4-0
AC 08-9
IEPA v. Gene & Elena Greenwood – The Board accepted for
hearing respondents’ petition for review of this administrative
citation involving a Williamson County facility.
4-0
AC 08-11
IEPA v. Ken and Ella Cook – The Board accepted an
administrative citation against these Williamson County
respondents.
ADJUDICATORY CASES
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. – No action taken.
W-E
PCB 04-133
Keller Oil Company/Sullivan Super K v. IEPA
– The Board
granted this Moultrie County facility’s motion for voluntary
dismissal of this underground storage tank appeal.
4-0
UST Appeal
PCB 06-38
Downtown Shell (Greenville) v. IEPA – The Board granted this
Bond County facility’s motion for voluntary dismissal of this
underground storage tank appeal.
4-0
UST Appeal
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 07-96
Kyle Nash v. Karen Sokolowski – No action taken.
N-E
PCB 07-97
Kyle Nash v. Louis Jimenez – No action taken.
N-E
PCB 07-135
George R. Strunk v. Williamson Energy LLC (Pond Creek Mine
#1) – The Board granted respondent’s second motion to dismiss,
dismissed the amended complaint in its entirety, and closed the
docket
4-0
A, N, W-E
PCB 07-146
Fox Moraine, LLC v. United City of Yorkville, City Council –
Referred to hearing officer for evaluation.
LSR
PCB 08-8
People of the State of Illinois v. Arona Corporation, d/b/a Aaron's
Sales & Lease Ownership – Upon receipt of a proposed stipulation
and settlement agreement and an agreed motion to request relief
from the hearing requirement in this land and water enforcement
action involving a Winnebago County facility, the Board ordered
publication of the required newspaper notice.
4-0
L,W-E
PCB 08-17
People of the State of Illinois v. Felker Pharmacy, Inc.and Rod
Bennett Construction, Inc.v. McClellan Blakemore Architects, Inc.
and Wendler Engineering Services, Inc. – No action taken.
W-E
PCB 08-32
Partylite Worldwide, Inc. v. IEPA
– No action taken.
P-A, Air
PCB 08-33
Citgo Petroleum Corporation and PDV Midwest Refining, L.L.C.
v. IEPA – The Board directed petitioner to file an amended petition
to cure noted deficiencies on or before January 22, 2008, or the
petition would be subject to dismissal.
4-0
W-V
4
 
PCB 08-36
Dave McGhee v. IEPA – The Board accepted for hearing this
underground storage tank appeal involving a site located in
Douglas County.
4-0
UST Appeal
PCB 08-37
Woodworth & Sons, Inc. 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 Champaign County facility.
4-0
UST Appeal
PCB 08-38
Interstate Oil, Inc. v. IEPA – No action taken.
P-A, NPDES
CASES PENDING DECISION
R08-6
Definition of VOM Update, USEPA Amendments (January 1, 2007
through June 30, 2007)
– Adopted Rule, Final Order
R-Air
PCB 08-25
Peoria Disposal Company v. IEPA
– Due 1/10/08
P-A, Land
O
THER ITEMS
The Board granted the Chairman’s Motion to change January 10,
2008, Meeting from a Video Meeting to One Held in the James R.
Thompson Center, Chicago, Room 11-512.
4-0
ADJOURNMENT
Moved and seconded, by a vote of, Chairman Girard adjourned the meeting at 11:20 a.m
.
I, John T. Therriault, Assistant Clerk of the Illinois Pollution Control Board, certify that
the Board approved the above minutes on January 10, 2008, by a vote of 4-0.
John T. Therriault, Assistant Clerk
Illinois Pollution Control Board
5

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