R08-18

In the Matter of: Proposed Amendments to Groundwater Quality

Standards, 35 Il. Adm. Code 620 – The Board accepted for hearing the

Illinois Environmental Protection Agency’s February 19, 2008 proposal to

amend the Board’s groundwater quality regulations. The Board also granted

the motion for waiver of certain filing requirements.

4-0

PWS

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 – 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 08-3

In the Matter of: Petition for Adjusted Standard from 35 Ill. Adm.

Code 620.420 for Nobel Risley's Landfill #2 – The Board accepted

petitioner’s second amended petition for hearing.

4-0

PWS

A

DMINISTRATIVE CITATIONS

AC 05-61

IEPA v. Timothy Pearce – No action taken.

AC 06-49

IEPA v. Michael Gruen and Jon Eric Gruen, d/b/a Jon's Tree

Service – No action taken.

AC 07-54

IEPA v. Adolph M. Lo

– In response to a joint stipulation and

settlement agreement in this administrative citation action

involving a Champaign County facility, the Board found that

respondent violated Section 21(p)(1) of the Environmental

Protection Act (415 ILCS 5/21(p)(1) (2006)) and ordered him to

pay a civil penalty of $1,500. The Board also granted the parties’

joint motion to dismiss respondent’s petition for review and the

alleged violation of Sections 21(p)(3) and (p)(7) of the Act (415

ILCS 5/21(p) (p)(3), (p)(7) (2006)).

4-0

2

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AC 08-11

IEPA v. Ken and Ella Cook – The Board found that these

respondents violated Sections 21(p)(1) and (7) of the Act (415

ILCS 5/21(p)(1), (7) (2006)), assessing a penalty of $3,000 in this

administrative citation involving a Williamson County facility.

4-0

AC 08-12

IEPA v. Norma Eddington and Cecil Eddington – The Board found

that these respondents violated Sections 21(p)(1) of the Act (415

ILCS 5/21(p)(1) (2006)), assessing a penalty of $1,500 in this

administrative citation involving a Cass County facility.

4-0

AC 08-13

County of DuPage v. Margarito Sotelo – The Board found that this

respondent violated Sections 21(p)(1) of the Act (415 ILCS

5/21(p)(1) (2006)), assessing a penalty of $1,500 in this

administrative citation involving a DuPage County facility.

4-0

AC 08-14

County of DuPage v. Nicolas Cruz – No action taken.

AC 08-15

County of DuPage v. Jamal Abro – The Board found that this

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

5/21(p)(1), (3) (2006)), assessing a penalty of $3,000 in this

administrative citation involving a DuPage County facility.

4-0

AC 08-16

IEPA v. Gene Breeden – The Board accepted respondent’s petition

for review in this administrative citation involving an Iroquois

County facility, and set the matter for hearing.

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 04-65

Champion Laboratories, Inc. v. IEPA

– The Board granted this

Edwards County facility’s motion for voluntary dismissal of this

permit appeal.

4-0

P-A, Air

3

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PCB 04-186

Waste Management of Illinois, Inc. v. County Board of Kankakee

County, Illinois – No action taken.

•

Siting

Appeal

PCB 05-154

McLean County Asphalt v. IEPA

– The Board granted this Cass

County facility’s motion for voluntary dismissal of this

underground storage tank appeal.

4-0

UST Appeal

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.

–

Citizens

N-E

PCB 07-97

Kyle Nash v. Louis Jimenez – No action taken.

Citizens

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 –

No action taken.

Siting

Appeal

PCB 07-144

People of the State of Illinois by Lisa Madigan, Attorney General

of the State of Illinois v. Mick Morfey, individually and William

Knauer, individually – The Board granted the complainant’s

motions to deem facts admitted and for summary judgment. The

Board found respondent Knauer violated

Sections 9(a), 9.1(d),

9.13(a) and 9(c) of the

Environmental Protection Act (Act), 415

ILCS 5/9(a), 9.1 (d), 9. 13(a), 9(c) (2006), and Sections 61.145(a) and

(b), 61.145(c)(i), (c)(2), (c)(6) and (c)(8), 61.150(b) of the National

Emissions Standards for Hazardous Air Pollutants (NESHAP") for

asbestos, 40 C.F.R. 61.145(a) and (b), 61.145(c)(i), (c)(2), (c)(6) and

(c)(8), 61.150(b).

as alleged in the complaint and assessed the

requested civil penalty of $100,000.

4-0

E – Air

4

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PCB 07-147

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

petitioner’s motion for reconsideration and affirmed its December

6, 2007 opinion and order in its entirety. In addition, the Board

denied petitioner’s request for oral argument.

4-0

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. – The Board accepted third

party complainant Rod Bennett Construction, Inc.’s third-party

complaint for hearing.

4-0

W-E

PCB 08-27

People of the State of Illinois v. City of Hometown – 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 Cook County facility,

the Board ordered publication of the required newspaper notice.

4-0

E-PWS

PCB 08-32

Partylite Worldwide, Inc. v. IEPA – The Board found that the

Illinois Environmental Protection Agency (Agency) failed to take

action on petitioner’s completed application for a Clean Air Act

Permit Program (CAAPP) permit as required by Section 39.5(5)(j)

of the Act (415 ILCS 5/39.5(5)(j) (2006)). The Board directed the

Agency to take action on petitioner’s application for a CAAPP

permit by July 18, 2008.

4-0

P-A, Air

PCB 08-37

Woodworth & Sons, Inc. 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 Champaign County facility.

4-0

UST Appeal

PCB 08-49

Joyce Farms Recycling, 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 Kankaee County facility.

4-0

90-Day Ext,

UST Appeal

PCB 08-50

Jet Farm – Prophetstown v. IEPA – Upon receipt of the Illinois

Environmental Protection Agency’s recommendation, the Board

found and certified that specified facilities of Jet Farm, located in

Whiteside County, are pollution control facilities for the purpose of

preferential tax treatment under the Property Tax Code (35 ILCS

200/11-10 (2006)).

4-0

T-C, W

5

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6

PCB 08-51

People of the State of Illinois v. Highland Baking Company, Inc. –

The Board accepted for hearing this water enforcement action

involving a site located in Cook County.

4-0

E-Air

PCB 08-52

People of the State of Illinois v. Dr. Charles R. Boyce, d/b/a

Chatham Veterinary Clinic – The Board accepted for hearing this

water enforcement action involving a site located in Sangamon

County.

4-0

E-Land

C

ASES PENDING DECISION

AS 08-6

Petition of BioMedical Technology Solutions, Inc. for an Adjusted

Standard from 35 Ill. Adm. Code 1422

– Final Opinion and Order

PIMW

OTHER ITEMS

The Board granted the Chairman’s motion to change the April 3,

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 11:25 a.m

.

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

Board approved the above minutes on April 3, 2008, by a vote of.

John T. Therriault, Assistant Clerk

Illinois Pollution Control Board