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.
TT-Town Drive Thru, Inc. v. IEPA – The Board denied petitioner’s motion for summary judgment, granted respondent’s counter-motion for summary judgment and affirmed the respondent’s March 2, 2007 denial of UST Fund reimbursement for petitioner.
Kyle Nash v. Karen Sokolowski – No action taken.
Kyle Nash v. Louis Jimenez – No action taken.
Lindenhurst Sanitary District v. IEPA – The Board granted this Lake County facility’s motion for voluntary dismissal of this permit appeal.
Metropolitan Water Reclamation District of Greater Chicago v. Illinois Environmental Protection Agency – The Board granted this Cook County facility’s motion for voluntary dismissal of this permit appeal.
Grote Stock Farm-Sims v. IEPA – Upon receipt of the Illinois Environmental Protection Agency’s recommendation, the Board found and certified that specified facilities of Grote Stock Farm, located in Wayne County, are pollution control facilities for the purpose of preferential tax treatment under the Property Tax Code (35 ILCS 200/11-10 (2006)).
People of the State of Illinois v. Village of Merrionette Park – The Board accepted for hearing this public water supply enforcement action involving a site located in Cook County.
McCune Farm Gold – East v. IEPA – Upon receipt of the Illinois Environmental Protection Agency’s recommendation, the Board found and certified that specified facilities of McCune Farm Gold - East, located in Bureau County, are pollution control facilities for the purpose of preferential tax treatment under the Property Tax Code (35 ILCS 200/11-10 (2006)).
McCune Farm Gold – East v. IEPA – Upon receipt of the Illinois Environmental Protection Agency’s recommendation, the Board found and certified that specified facilities of McCune Farm Gold - East, located in Bureau County, are pollution control facilities for the purpose of preferential tax treatment under the Property Tax Code (35 ILCS 200/11-10 (2006)).
Bible Pork – Louisville v. IEPA – Upon receipt of the Illinois Environmental Protection Agency’s recommendation, the Board found and certified that specified facilities of Bible Pork - Louisville, located in Clay County, are pollution control facilities for the purpose of preferential tax treatment under the Property Tax Code (35 ILCS 200/11-10 (2006)).
John Blickhan v. IEPA – The Board granted this request for a 90-day extension of time to file a permit appeal on behalf of this Adams County facility.
Von Holten Farms - Lydon v. IEPA – Upon receipt of the Illinois Environmental Protection Agency’s recommendation, the Board found and certified that specified facilities of Von Holten Farms - Lyndon, 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)).
R06-20
R07-9

ILLINOIS POLLUTION CONTROL BOARD

EETING MINUTES

April 3, 2008

CHICAGO OFFICE

100 W. Randolph Street

Chicago, IL

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 March 20, 2008 open meeting were approved by a vote of 4-0. The minutes

of the March 27, 2008 closed deliberative session were approved by a vote of 3-0, Chairman

Girard abstaining.

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 – 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 08-6

Petition of BioMedical Technology Solutions, Inc. for an Adjusted

Standard from 35 Ill. Adm. Code 1422 – The Board granted an

adjusted standards to Biomedical Technology Solutions, Inc.

(BMTS) from the requirement that BMTS use any of the indicator

organisms listed at 35 Ill. Adm. Code Section 1422.Appendix A,

Table B(1) when performing an Initial Efficacy Test of its

Demolizer® dry heat sterilization technology. In lieu of the listed

organisms, BMTS may use only

Bacillus atrophaeus

(ATCC

9372). BMTS must comply with all other requirements of 35 Ill.

Adm. Code 1422.

4-0

PIMW

AS 08-8

In the Matter of: Petition of Citgo Petroleum Corporation and PDV

Midwest Refining, L.L.C. for Adjusted Standard from Ammonia

Nitrogen Discharge Levels at 35 Ill. Adm. Code 304.122. – No

action taken.

Water

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 – The Board entered a final opinion and order requiring

respondent to pay hearing costs of the Illinois Environmental

Protection Agency and the Board in the amount of $427.56 and a

civil penalty of $1,500. This order follows the Board's interim

order of January 24, 2008, which found that this respondent had

violated Sections 21(p)(1) of the Act (415 ILCS 5/21(p)(1) (2006)).

4-0

AC 07-16

IEPA v. Dennis Ballinger

– The Board granted complainant’s

motion for withdrawal of this administrative citation and closed the

docket.

4-0

AC 08-14

County of DuPage v. Nicolas Cruz – The Board ordered respondent

to file a petition for review to cure noted deficiencies, on or before

May 5, 2008, or the petition for review would be subject to

dismissal.

4-0

AC 08-17

City of Chicago Department of Environment v. Crystal IL 98LLC –

The Board accepted for hearing respondent’s petition for review of

this administrative citation involving a Cook County facility.

4-0

AC 08-19

IEPA (File No. 23-08-AC) v. C. John Blickhan – The Board

accepted for hearing respondent’s petition for review of this

administrative citation involving an Adams County facility.

4-0

AC 08-20

County of Jackson v. James Moake – The Board accepted for

hearing respondent’s petition for review of this administrative

citation involving a Jackson County facility.

4-0

AC 08-21

County of Jackson v. Jack Reeves & Jacqueline Watkins – The

Board accepted for hearing respondents’ petition for review of this

administrative citation involving a Jackson County facility.

4-0

AC 08-23

IEPA v. William Dixon – The Board accepted an administrative

citation against this Union County respondent.

AC 08-24

IEPA v. Gire Properties, Inc. and Gire Construction, Inc., – The

Board accepted an administrative citation against these Douglas

County respondents.

AC 08-25

County of Jackson v. Frank Smith & Danny Smith – The Board

granted complainant’s motion for withdrawal of this administrative

citation and closed the docket.

4-0

AC 08-26

IEPA v. Edward W. Fisher, Rhonda L. Fisher and DEM/EX Group,

Inc. – The Board accepted an administrative citation against these

Mason County respondents.

AC 08-27

IEPA v. Hiram Vanderheiden, Jr.

– The Board accepted an

administrative citation against this Mason County respondent.

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 04-186

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

County, Illinois – The Board denied petitioners’ motion to

reconsider the January 24, 2008 Board Order which affirmed the

decision of the County of Kankakee denying Waste Management of

Illinois’ application to site for landfill expansion.

PCB 05-72

Robert and Tony Thompson 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 07-44

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 – The Board denied petitioner’s

motion for summary judgment, granted respondent’s counter-

motion for summary judgment and affirmed the respondent’s

March 2, 2007 denial of UST Fund reimbursement for petitioner.

4-0

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 –

The Board granted the parties’ motions to reconsider and affirmed

its January 24, 2008 decision, which affirmed special conditions 8,

13, 22, 23, 26, and 28, and, as requested, modified conditions 33

and 34 of the sitting approval granted by the City of Rochelle on

PCB 08-21

Lindenhurst Sanitary District v. IEPA – The Board granted this

Lake County facility’s motion for voluntary dismissal of this permit

appeal.

4-0

P-A, Water

PCB 08-46

People of the State of Illinois v. Rancho Amigo, LLC – In this land

enforcement action concerning a Jo Daviess 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 $5,000, and

to cease and desist from further violations.

4-0

W-E

PCB 08-47

Metropolitan Water Reclamation District of Greater Chicago v.

Illinois Environmental Protection Agency – The Board granted this

Cook County facility’s motion for voluntary dismissal of this

permit appeal.

4-0

P-A, Water

PCB 08-53

Grote Stock Farm-Sims v. IEPA – Upon receipt of the Illinois

Environmental Protection Agency’s recommendation, the Board

found and certified that specified facilities of Grote Stock Farm,

located in Wayne 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

PCB 08-54

Newcomber Confinements-Lanark v. IEPA

– Upon receipt of the

Illinois Environmental Protection Agency’s recommendation, the

Board found and certified that specified facilities of Newcomber

Confinements - Lanark Farm, located in Carroll 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

PCB 08-55

People of the State of Illinois v. Village of Merrionette Park – The

Board accepted for hearing this public water supply enforcement

action involving a site located in Cook County.

4-0

PWS-E

PCB 08-56

McCune Farm Gold – East v. IEPA – Upon receipt of the Illinois

Environmental Protection Agency’s recommendation, the Board

found and certified that specified facilities of McCune Farm Gold -

East, located in Bureau 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

PCB 08-57

McCune Farm Gold – East v. IEPA – Upon receipt of the Illinois

Environmental Protection Agency’s recommendation, the Board

found and certified that specified facilities of McCune Farm Gold -

East, located in Bureau 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

PCB 08-58

Bible Pork – Louisville v. IEPA – Upon receipt of the Illinois

Environmental Protection Agency’s recommendation, the Board

found and certified that specified facilities of Bible Pork -

Louisville, located in Clay 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

PCB 08-59

John Blickhan v. IEPA – The Board granted this request for a 90-

day extension of time to file a permit appeal on behalf of this

Adams County facility.

PCB 08-60

Von Holten Farms - Lydon v. IEPA – Upon receipt of the Illinois

Environmental Protection Agency’s recommendation, the Board

found and certified that specified facilities of Von Holten Farms -

Lyndon, 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

ASES PENDING DECISION

R06-20

In the Matter of: Proposed Amendments to the Board’s Special

Waste Regulations Concerning Used Oil, 35 Ill. Adm. Code 808,

809

•

NORA’s Rule Proposal Amendment (11/5)

•

Agency Motion for Extension of Time in Which to File a

Response (11/19)

•

Agency's Response to Rule Proposal Amendment (12/3)

Land

R07-9

In the Matter of: 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)

•

IERG Motion for Leave to Reply to Illinois EPA's

Response to IERG's Comments; Reply to Illinois EPA's

Response to IERG's Comments (2/26)

•

Agency's Response to IERG's Motion for Leave to

Reply (3/14)

Proposed Rule, Second Notice, Opinion & Order

Water

OTHER ITEMS

None

ADJOURNMENT

Moved and seconded, by a vote of, Chairman Girard adjourned the meeting at 11:24 a.m

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

Board approved the above minutes on April 17, 2008, by a vote of 4-0.

John T. Therriault, Assistant Clerk

Illinois Pollution Control Board