| | - PMA & Associates, Inc. v. IEPA – No action taken.
- TT-Town Drive Thru, Inc. v. IEPA – No action taken.
- Kyle Nash v. Karen Sokolowski – The Board ordered complainant to file an amended complaint to cure noted deficiencies, on or before March 23, 2008, or the complaint would be subject to dismissal.
- Kyle Nash v. Louis Jimenez – The Board ordered complainant to file an amended complaint to cure noted deficiencies, on or before March 23, 2008, or the complaint would be subject to dismissal.
- L. Keller Oil Properties, Inc. / Farina v. IEPA – No action taken.
- 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.
- Citgo Petroleum Corporation and PDV Midwest Refining, L.L.C. v. IEPA – The Board granted petitioner’s motion to incorporate the record in PCB 05-85 and accepted the amended petition, restarting the decision timeclock.
- Interstate Oil, Inc. v. IEPA – The Board dismissed this petition for review as untimely filed.
- Tom Edwards/River Rescue v. IEPA and Peoria Disposal Company – The Board denied each respondent’s motion to dismiss. The Board ordered petitioner to file an amended petition to cure noted deficiencies, on or before March 3, 2008, or the petition would be subject to dismissal.
- People of the State of Illinois v. Prairie Material Sales, Inc., – The Board accepted for hearing this water enforcement action involving a site located in DuPage County.
- People of the State of Illinois v. Distinctive Homes, Ltd. and Distinctive Companies, Ltd – The Board accepted for hearing this water enforcement action involving a site located in Cook County.
|
ILLINOIS POLLUTION CONTROL BOARD
M
EETING MINUTES
February 21, 2008
CHICAGO OFFICE
100 W. Randolph Street
Chicago, IL
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 February 7, 2008 open meeting and February 14, 2008 closed deliberative
session were approved by a vote of 4-0.
RULEMAKINGS
None
ADJUSTED 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 – The Board granted Environmental Law & Policy
Center’s motion to withdraw the December 6, 2007 motion to
intervene and denied petitioner’s motion to strike. The Board also
granted petitioner’s motion to file a reply and directed petitioner to
file a response to the renewed motion to intervene by March 6,
2008. The Board will consider the Illinois Environmental
Protection Agency’s response along with petitioner’s response
when ruling on the renewed motion to intervene.
4-0
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 – The Board granted Environmental Law &
Policy Center’s motion to withdraw the December 6, 2007 motion
to intervene and denied petitioner’s motion to strike. The Board
also granted petitioner’s motion to file a reply and directed
petitioner to file a response to the renewed motion to intervene by
March 6, 2008. The Board will consider the Illinois Environmental
Protection Agency’s response along with petitioner’s response
when ruling on the renewed motion to intervene.
4-0
Air
AS 08-2
In the Matter of: Petition of Stericycle, Inc. for an Adjusted
Standard from 35 Ill. Adm. Code 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
accepted petitioner’s amended petition, noting hearing was wavied.
4-0
PIMW
AS 08-7
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)). The
Board Also identified other petition deficiencies.
4-0
Land
2
ADMINISTRATIVE CITATIONS
AC 07-43
County of Jackson v. Bob Osinga – The Board entered a final
opinion and order requiring respondent to pay hearing costs of the
Board in the amount of $165.30 and a civil penalty of $3,000. This
order follows the Board's interim order of December 6, 2007,
which found that this respondent had violated Sections 21(p)(1)
and (p)(7) of the Act (415 ILCS 5/21(p)(1), (p)(7) (2006)).
4-0
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 06-80
People of the State of Illinois v. Fulford Construction, Inc. – 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 $2,000.00,
and to cease and desist from further violations.
4-0
W– E
PCB 06-173
People of the State of Illinois v. First Country Homes, L.L.C.,
–
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 Will County facility,
the Board ordered publication of the required newspaper notice.
4-0
W-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
3
PCB 07-63
PMA & Associates, Inc. v. IEPA – No action taken.
UST Appeal
PCB 07-84
American Bottom Conservancy and Sierra Club v. City of
Madison, Illinois and Waste Management of Illinois, Inc. – The
Board denied petitioners’ motion to reconsider the December 6,
2007 Board Order which 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 – The Board ordered complainant
to file an amended complaint to cure noted deficiencies, on or
before March 23, 2008, or the complaint would be subject to
dismissal.
4-0
N-E
PCB 07-97
Kyle Nash v. Louis Jimenez – The Board ordered complainant to
file an amended complaint to cure noted deficiencies, on or before
March 23, 2008, or the complaint would be subject to dismissal.
4-0
N-E
PCB 07-147
L. Keller Oil Properties, Inc. / Farina v. IEPA – No action taken.
P-A, Land
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 08-33
Citgo Petroleum Corporation and PDV Midwest Refining, L.L.C.
v. IEPA – The Board granted petitioner’s motion to incorporate the
record in PCB 05-85 and accepted the amended petition, restarting
the decision timeclock.
4-0
W-V
PCB 08-38
Interstate Oil, Inc. v. IEPA – The Board dismissed this petition for
review as untimely filed.
4-0
P-A, Water
PCB 08-42
Tom Edwards/River Rescue v. IEPA and Peoria Disposal Company
– The Board denied each respondent’s motion to dismiss. The
Board ordered petitioner to file an amended petition to cure noted
deficiencies, on or before March 3, 2008, or the petition would be
subject to dismissal.
4-0
P-A, RCRA
PCB 08-44
People of the State of Illinois v. Prairie Material Sales, Inc., – The
Board accepted for hearing this water enforcement action involving
a site located in DuPage County.
4-0
W - E
4
5
PCB 08-45
People of the State of Illinois v. Distinctive Homes, Ltd. and
Distinctive Companies, Ltd – The Board accepted for hearing this
water enforcement action involving a site located in Cook County.
4-0
W - E
C
ASES PENDING DECISION
None
OTHER ITEMS
The Board granted the Chairman’s motion to Change Location of March
6, 2008 Board Meeting from Springfield to James R. Thompson Center,
Room 11-512, Chicago.
4-0
ADJOURNMENT
Moved and seconded, by a vote of, Chairman Girard adjourned the meeting at 11:17a.m
.
I, John T. Therriault, Assistant Clerk of the Illinois Pollution Control Board,
certify that the Board approved the above minutes on March 6, 2008, by a vote of.
John T. Therriault, Assistant Clerk
Illinois Pollution Control Board