| | - AC 07-62
- PCB 06-130
- PCB 06-145
- PMA & Associates, Inc. v. IEPA – No action taken.
- Kyle Nash v. Karen Sokolowski – No action taken.
- Kyle Nash v. Louis Jimenez – No action taken.
- People of the State of Illinois v. Village of Rockton, an Illinois municipal corporation – 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 Winnebago County facility, the Board ordered publication of the required newspaper notice.
- PCB 08-45
- People of the State of Illinois v. Distinctive Homes, Ltd., an Illinois limited liability corporation, and Distinctive Companies, Ltd, an Illinois limited liability corporation – No action taken.
- Dynegy Midwest Generation, Inc. (Baldwin Energy Complex) v. IEPA – No action taken.
- 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)).
- 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)).
- 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.
- Anne McDonagh and Davd Fishbaum v. Richard Michelon and Amy Michelon – No action taken.
- Special K Hog Farm - Chenoa (Property ID No. 20-24-100-02) v. IEPA – Upon receipt of the Illinois Environmental Protection Agency’s recommendation, the Board found and certified that specified facilities of Special K Hog Farm, 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)).
- Park Ridge/7-Eleven, 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 Cook County facility.
- 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)).
- Winters Creek, Inc. v. IEPA – Upon receipt of the Illinois Environmental Protection Agency’s recommendation, the Board found and certified that specified facilities of Winters Creek, Inc., 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)).
- Creasey Family Farms - Macomb v. IEPA – Upon receipt of the Illinois Environmental Protection Agency’s recommendation, the Board found and certified that specified facilities of Creasey Family Farms - Macomb, located in McDonough County, are pollution control facilities for the purpose of preferential tax treatment under the Property Tax Code (35 ILCS 200/11-10 (2006)).
- Lazy B. Farms v. IEPA – Upon receipt of the Illinois Environmental Protection Agency’s recommendation, the Board found and certified that specified facilities of Lazy B. Farms, located in Lawrence County, are pollution control facilities for the purpose of preferential tax treatment under the Property Tax Code (35 ILCS 200/11-10 (2006)).
- PCB 08-33
- Citgo Petroleum Corporation and PDV Midwest Refining, L.L.C. v. IEPA
- The Board granted the Chairman’s Motion to hold the May 15, 2008 Board Meeting as a Videoconference at the James R. Thompson Center, Chicago, IL and 1021 N. Grand Avenue East, Springfield, IL.
|
ILLINOIS POLLUTION CONTROL BOARD
M
EETING MINUTES
May 1, 2008
Springfield Office
1021 N. Grand Avenue East, North Entrance
Springfield
, IL
Conference Room 1244N, First Floor
11:00 A.M.
ANNOUNCEMENTS
Chairman Girard welcomed members of the public and staff.
ROLL CALL
Connie Newman, as designee of the Assistant Clerk of the Board called the roll. All four Board
Members answered present.
APPROVAL OF MINUTES
The minutes of the April 17, 2008 open meeting and April 23, 2008 closed deliberative session
were approved by a vote of 4-0.
RULEMAKINGS
R06-20
In the Matter of: Proposed Amendments to the Board’s Special
Waste Regulations Concerning Used Oil, 35 Ill. Adm. Code 808,
809 – The Board adopted a first notice opinion and order in this
rulemaking to amend the Board’s regulations concerning special
waste classifications and nonhazardous special waste hauling as
they pertain to used oil recycling.
4-0
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) – The Board
adopted a second notice opinion and order in this rulemaking to
amend the Board’s water and mine-related regulations.
4-0
Land
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 – The Board adopted a final opinion and
order in this rulemaking to set new standards for detecting and
reporting unpermitted releases of radionuclides from nuclear power
plants.
4-0
Air, Land
R08-16
RCRA Subtitle C (Hazardous Waste) Update, USEPA
Amendments (July 1, 2007 through December 31, 2007) – The
Board determined that no action was necessary and dismissed this
reserved identical-in-substance docket.
4-0
Land
ADJUSTED STANDARDS
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
AS 08-10
In the Matter of: RCRA Delisting Adjusted Standard Petition for
Peoria Disposal Company v. IEPA – No action taken.
Land
A
DMINISTRATIVE CITATIONS
AC 05-61
IEPA v. Timothy Pearce
– No action taken.
2
AC 07-62
IEPA v. John A. & Kay E. Oldham – In response to a joint
stipulation and settlement agreement in this administrative citation
action involving a Clay County facility, the Board found that
respondents violated Section 21(p)(1) of the Environmental
Protection Act (415 ILCS 5/21(p)(1) (2006)) and ordered them 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 Section (p)(7) of the Act (415 ILCS 5/21(p)(7)
(2006)).
4-0
AC 08-11
IEPA v. Ken and Ella Cook – No action taken.
ADJUDICATORY CASES
PCB 06-130
PCB 06-145
Arlyn's Service Center v. IEPA – The Board granted this Randolph
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 07-134
People of the State of Illinois v. Village of Rockton, an Illinois
municipal corporation – 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 Winnebago County facility, the Board ordered publication of the
required newspaper notice.
4-0
W-E
3
PCB 08-43
Moto, Inc. v. IEPA – The Board accepted for hearing this
underground storage tank appeal involving an Effingham County
facility.
4-0
UST Appeal
PCB 08-45
People of the State of Illinois v. Distinctive Homes, Ltd., an Illinois
limited liability corporation, and Distinctive Companies, Ltd, an
Illinois limited liability corporation – No action taken.
W-E
PCB 08-66
Dynegy Midwest Generation, Inc. (Baldwin Energy Complex) v.
IEPA – No action taken.
P-A, Air
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
PCB 08-76
Anne McDonagh and Davd Fishbaum v. Richard Michelon and
Amy Michelon – No action taken.
Citizens
N-E
4
PCB 08-77
Special K Hog Farm - Chenoa (Property ID No. 20-24-100-02) v.
IEPA – Upon receipt of the Illinois Environmental Protection
Agency’s recommendation, the Board found and certified that
specified facilities of Special K Hog Farm, 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 08-78
Park Ridge/7-Eleven, 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 Cook County facility.
4-0
90-Day Ext,
UST Appeal
PCB 08-79
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 08-80
Winters Creek, Inc. v. IEPA – Upon receipt of the Illinois
Environmental Protection Agency’s recommendation, the Board
found and certified that specified facilities of Winters Creek, Inc.,
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 08-81
Creasey Family Farms - Macomb v. IEPA – Upon receipt of the
Illinois Environmental Protection Agency’s recommendation, the
Board found and certified that specified facilities of Creasey
Family Farms - Macomb, located in McDonough 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 08-82
Lazy B. Farms v. IEPA
– Upon receipt of the Illinois
Environmental Protection Agency’s recommendation, the Board
found and certified that specified facilities of Lazy B. Farms,
located in Lawrence 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
CASES PENDING DECISION
PCB 08-33
Citgo Petroleum Corporation and PDV Midwest Refining, L.L.C.
v. IEPA
•
Final Opinion & Order (5/5)
V, W
OTHER ITEMS
The Board granted the Chairman’s Motion to hold the May 15,
2008 Board Meeting as a Videoconference at the James R.
Thompson Center, Chicago, IL and 1021 N. Grand Avenue East,
Springfield, IL.
4-0
ADJOURNMENT
Moved and seconded, by a vote of, Chairman Girard adjourned the meeting at 11:17 a.m
.
I, John T. Therriault, Assistant Clerk of the Illinois Pollution Control Board, certify that the
Board approved the above minutes on May 15, 2008, by a vote of 4-0.
John T. Therriault, Assistant Clerk
Illinois Pollution Control Board
6
