RULEMAKINGS

R08-19

In the Matter of: Amendments to 35 Ill. Adm. Code 217, Nitrogen

Oxides Emissions, and 35 Ill. Adm. Code 211 – No action taken.

Air

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. – The

Board accepted for hearing this petition for an adjusted standard

seeking relief from the Board’s ammonia nitrogen discharge

standards. The Board also granted the Illinois Environmental

Protection Agency’s (Agency) motion and extended to June 5,

2008, the deadline by which the Agency is to file its

recommendation.

4-0

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) – The

Board accepted for hearing this petition for an adjusted standard

seeking relief from the Board’s hazardous waste regulations. The

Board granted petitioner’s motion to incorporate specified

documents from prior proceedings.

4-0

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.

AC 07-71

IEPA v. Steve B. and Beth M. Segner (IEPA File No. 170-07-AC)

– The Board granted complainant’s motion for withdrawal of this

administrative citation and closed the docket.

4-0

AC 08-11

IEPA v. Ken and Ella Cook

– The Board denied respondents’

motion to reconsider.

4-0

AC 08-12

IEPA v. Norma Eddington and Cecil Eddington

– The Board

denied respondents’ motion to reconsider.

4-0

2

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AC 08-14

County of DuPage v. Nicolas Cruz – The Board dismissed

respondent’s petition for review for failure to file an amended

petition and found that this DuPage County respondent violated

Section (p)(1) of the Act (415 ILCS 5/21(p)(1) (2006)), ordering

respondent to pay a civil penalty of $1,500

.

4-0

AC 08-27

IEPA v. Hiram Vanderheiden, Jr – The Board accepted for hearing

respondent’s petition for review of this administrative citation

involving a Mason County facility.

4-0

AC 08-28

IEPA v. Joseph Cosentino and Rob Pinski – No action taken.

AC 08-29

IEPA v. Keister's, Inc. – The Board accepted for hearing

respondent’s petition for review of this administrative citation

involving a Warren County facility.

AC 08-30

IEPA v. Thomas, Wayne, and Valerie Hill – The Board accepted

for hearing respondents’ petition for review of this administrative

citation involving a Union County facility.

ADJUDICATORY CASES

PCB 06-173

People of the State of Illinois v. First Country Homes, L.L.C. – In

this water enforcement action concerning a Will 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 $30,000, and

to cease and desist from further violations.

4-0

W-E

PCB 06-174

People of the State of Illinois v. Bob D. Stagner and Linda S.

Stagner, d/b/a LB's Camping & Mobile Home Park – 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 Franklin 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

PCB 07-63

PMA & Associates, Inc. v. IEPA

– No action taken.

UST Appeal

3

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PCB 07-85

T-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 07-146

Fox Moraine, LLC v. United City of Yorkville, City Council – No

action taken.

PCFSR,

Land

PCB 08-33

Citgo Petroleum Corporation and PDV Midwest Refining, L.L.C.

v. IEPA

–

The Board granted these Will County petitioners a five

year variance from the Total Dissolved Solids water quality

standards of 35 Ill. Adm. Code 302.208(g) and 302.407, subject to

conditions.

4-0

V, W

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 – The Board granted

complainant’s motion to strike affirmative defenses.

4-0

W-E

PCB 08-66

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

IEPA – The Board granted petitioner’s motion for a partial stay of

the construction permit.

4-0

P-A, Air

PCB 08-74

Jeff Hank - Aledo v. IEPA – The Board granted the Illinois

Environmental Protection Agency’s (Agency) motion to amend the

Board’s final order of April 17, 2008 and issue a new tax

certification. This supersedes the tax certification issued on April

17, 2008. Upon receipt of the 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 08-76

Anne McDonagh and Davd Fishbaum v. Richard Michelon and

Amy Michelon

–

No action taken.

4-0

T-C, W

4

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PCB 08-83

People of the State of Illinois v. Rupe Contracting, Inc. and John A.

Rupe, individually and as owner and operator of Rupe Contracting,

Inc. – The Board accepted for hearing this water enforcement

action involving a site located in Bureau County.

4-0

T-C, W

PCB 08-84

Prime Pork Holdings, LLC - Kingston v. IEPA – Upon receipt of

the Illinois Environmental Protection Agency’s recommendation,

the Board found and certified that petitioner’s specified facilities,

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 08-85

Keith Morby Finishing Barn - Aledo (Property ID No. 15-15-13-

300-001) v. IEPA – Upon receipt of the Illinois Environmental

Protection Agency’s recommendation, the Board found and

certified that petitioner’s specified facilities, 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 08-86

City of Quincy 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.

4-0

90-Day Ext,

Permit

Appeal

PCB 08-87

People of the State of Illinois v. Steve Soderberg d/b/a Steve's

Concrete and Excavating – The Board accepted for hearing this

water enforcement action involving a site located in Winnebago

County.

4-0

W-E

PCB 08-88

People of the State of Illinois v. Village of Skokie – 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

PWS-E

PCB 08-89

People of the State of Illinois v. Gelco Management and

Developers LLC – The Board accepted for hearing this air

enforcement action involving a site located in Franklin County.

4-0

A-E

5

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6

C

ASES PENDING DECISION

O

THER ITEMS

ADJOURNMENT

Moved and seconded, by a vote of, Chairman Girard adjourned the meeting at 11:22 a.m

.

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

Board approved the above minutes on June 5, 2008, by a vote of.

John T. Therriault, Assistant Clerk

Illinois Pollution Control Board