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 denied the Environmental Law &

Policy Center’s motion to intervene in this adjusted standard

proceeding.

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 denied the Environmental Law &

Policy Center’s motion to intervene in this adjusted standard

proceeding.

4-0

Air

AS 08-5

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

Inc. for Waste Delisting – The Board granted petitioner’s motion to

file amendatory adjusted standard language, and accepted the

amended language. The Board directed the Illinois Environmental

Protection Agency (IEPA) to provide the Board with IEPA’s final

position on the relief requested in this matter before the record

closes.

4-0

RCRA

Delisting

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

AS 08-9

In the Matter of: Petition of Big River Zinc Corporation for an

Adjusted Standard Under 35 Ill. Adm. Code 720-131(c) – No

action taken.

Land

A

DMINISTRATIVE CITATIONS

AC 05-61

IEPA v. Timothy Pearce

– No action taken.

AC 08-18

IEPA v. Carol G. Prieb and Margaret Dillavou

– The Board

accepted for hearing respondents’ petition for review of this

administrative citation involving a Union County facility.

4-0

AC 08-28

IEPA v. Joseph Cosentino and Rob Pinski – The Board accepted an

administrative citation against these Perry County respondents.

2

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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. – The Board denied respondents’

motions to reconsider and stay the Board’s November 1, 2007

order. In summary the Board’s April 17, 2008 order finds that

respondents violated the following provisions of the Environmental

Protection Act (Act) and the Board’s regulations: Sections 12 (a)

and (f) of the Act (415 ILCS 5/12(a) and (f) (2002)), and 35 Ill.

Adm. Code 302.203, 304.105, 304.106, 305.102(b), 309.102(a),

and 309.104(a). On or before June 2, 2008, the Board ordered the

respondents to pay a total civil penalty of $153,000, and to pay

complainant $30,225 in attorney fees and $2,291.20 in costs, for a

total of $32,516.20.

4-0

W-E

PCB 04-204

Daniel J. Beers v. Dave Calhoun (Let It Shine Car Wash) – In this

citizen noise enforcement action concerning a Tazewell County

facility, the Board accepted a stipulation and settlement agreement

and closed the docket. Respondent agreed to perform several

projects to mitigate noise projected toward complainant’s property.

4-0

Citizens

N-E

PCB 07-6

J. D. Streett & Company, Inc. v. Illinois Environmental Protection

Agency – The Board granted this Fulton 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 07-96

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 08-27

People of the State of Illinois v. City of Hometown – In this public

4-0

3

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water supply enforcement action concerning a Cook 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

$1,000, and to cease and desist from further violations.

PWS-E

4

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PCB 08-61

Ameren Energy Generating Company v. IEPA – The Board granted

this request for a 90-day extension of time to file a permit appeal on

behalf of this Morgan County facility.

4-0

P-A, Land

PCB 08-62

People of the State of Illinois v. Carri Scharf Materials Company,

d/b/a Farmdale Sand & Gravel Pit – The Board accepted for

hearing this water enforcement action involving a site located in

Tazewell County.

4-0

W-E

PCB 08-63

Kollmann Hog Farms v. IEPA – Upon receipt of the Illinois

Environmental Protection Agency’s recommendation, the Board

found and certified that specified facilities of Kollmann Hog

Farms, located in Effingham 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 08-64

Mark Sturtevant-Shannon v. IEPA – Upon receipt of the Illinois

Environmental Protection Agency’s recommendation, the Board

found and certified that specified facilities of Mark Sturtevant-

Shannon, 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 08-65

CAC Farms, Inc - Ashton v. IEPA – Upon receipt of the Illinois

Environmental Protection Agency’s recommendation, the Board

found and certified that specified facilities of CAC Farms, Inc -

Ashton, located in Ogle 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 08-66

Dynegy Midwest Generation, Inc. (Baldwin Energy Complex) v.

IEPA – The Board accepted for hearing this permit appeal

involving a Randolph County facility. No action was taken on

petitioner’s motion for partial stay of specified conditions in the

construction permit.

4-0

P-A, Air

5

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PCB 08-67

CNS Farms, Inc. - Malta v. IEPA – Upon receipt of the Illinois

Environmental Protection Agency’s recommendation, the Board

found and certified that specified facilities of CNS Farms, Inc.,

located in DeKalb 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 08-68

Harmet Farms - Cropsey v. IEPA – Upon receipt of the Illinois

Environmental Protection Agency’s recommendation, the Board

found and certified that specified facilities of Harmet Farms -

Cropsey, located in McLean 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 08-69

Ehnle Farms v. IEPA – Upon receipt of the Illinois Environmental

Protection Agency’s recommendation, the Board found and

certified that specified facilities of Ehnle Farms, 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 08-70

Honey Creek Hogs, Inc. v. IEPA – Upon receipt of the Illinois

Environmental Protection Agency’s recommendation, the Board

found and certified that specified facilities of Honey Creek Hogs,

Inc., located in Pike 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 08-71

D & V. Pork v. IEPA – Upon receipt of the Illinois Environmental

Protection Agency’s recommendation, the Board found and

certified that specified facilities of D & V. Pork, located in Adams

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 08-72

Kuntz Farms v. IEPA – Upon receipt of the Illinois Environmental

Protection Agency’s recommendation, the Board found and

certified that specified facilities of Kuntz Farms, located in McLean

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

6

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PCB 08-73

Pine Ridge Farms, Inc. v. IEPA – Upon receipt of the Illinois

Environmental Protection Agency’s recommendation, the Board

found and certified that specified facilities of Pine Ridge Farms,

Inc., located in Adams 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 08-74

Jeff Hank - Aledo v. IEPA – Upon receipt of the Illinois

Environmental Protection Agency’s recommendation, the Board

found and certified that specified facilities of Jeff Hank - Aledo,

located in Mercer 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 08-75

Hopkins Farms – Gilson v. IEPA – Upon receipt of the Illinois

Environmental Protection Agency’s recommendation, the Board

found and certified that specified facilities of Hopkins Farms,

located in Knox 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

7

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CASES 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

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

– Adopted Rule, Final Order (scheduled for review at

4/15/08 JCAR meeting)

Other

OTHER ITEMS

The Board granted the Chairman’s motion for approval of calendar

year 2009 Board Meeting Locations and Dates as listed below

:

4-0

ILLINOIS POLLUTION CONTROL BOARD

REGULAR MEETING SCHEDULE FOR CALENDAR YEAR 2009

January 8

July 9

January 22

July 23

February 5

August 6

February 19

August 20

March 5

September 3

March 19

September 17

8

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9

April 2

October 1

April 16

October 15

May 7

November 5

May 21

November 19

June 4

December 3

June 18

December 17

Unless otherwise noted below, Board meetings will be at the James R.

Thompson Center, 100 W. Randolph Street, Chicago

These Board meetings will be via videoconference both in Chicago,

100 W. Randolph Street, Videoconference Room 11-512, and

Springfield, 1021 N. Grand Avenue East, Oliver Holmes Conference

Room 2012 N, Second Floor

**

These Board meetings will be in the Board’s Springfield Office, 1021 N.

Grand Avenue East, Conference Room 1244 N, First Floor

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 May 1, 2008, by a vote of.

John T. Therriault, Assistant Clerk

Illinois Pollution Control Board