1. AC 08-22
    2. PCB 07-32
      1. PMA & Associates, Inc. v. IEPA – No action taken.
      2. T-Town Drive Thru, Inc. v. IEPA – No action taken.
      3. Kyle Nash v. Karen Sokolowski – No action taken.
      4. Kyle Nash v. Louis Jimenez – No action taken.
    3. PCB 08-49
    4. PCB 08-76
      1. Anne McDonagh and Davd Fishbaum v. Richard Michelon and Amy Michelon – No action taken.
      2. Pilkington North America v. IEPA – The Board accepted for hearing and granted Kurt A. Kissling’s motion to appear pro hac vice in this permit appeal involving a LaSalle County facility.
      3. People of the State of Illinois v. Surface Manufacturing Company – The Board accepted for hearing this water enforcement action involving a site located in Boone County.
      4. People of Williamson County ex rel State’s Attorney Charles Garnati and the Williamson County Board v. Kibler Development Corporation, Marion Ridge Landfill, Inc., and Illinois Environmental Protection Agency – No action taken.
      5. People of the State of Illinois v. CFC International, Inc. – Upon receipt of a proposed stipulation and settlement agreement and an agreed motion to request relief from the hearing requirement in this air enforcement action involving a Cook County facility, the Board ordered publication of the required newspaper notice.

ILLINOIS POLLUTION CONTROL BOARD
M
EETING MINUTES
June 5, 2008
Chicago/Springfield Videoconference
CHICAGO OFFICE
100 W. Randolph Street
Chicago, IL
Videoconference Room 11-512
And
SPRINGFIELD OFFICE
1021 N. Grand Avenue East
Springfield, IL
Videoconference Room 1244N, First Floor
11:00 A.M.
ANNOUNCEMENTS
Chairman Girard welcomed members of the public and staff. Chairman Girard then introduced
Catie Heindel a Legal Intern from Chicago-Kent Law School.
ROLL CALL
The Assistant Clerk of the Board called the roll. All four Board Members answered present.
APPROVAL OF MINUTES
The minutes of the May 15, 2008 open meeting were approved by a vote of 4-0.

RULEMAKINGS
R07-5,
R07-14
In the Matter of: RCRA Subtitle C (Hazardous Waste) Update,
USEPA Amendments (January 1, 2006 through June 30, 2006)
In the Matter of: RCRA Subtitle C (Hazardous Waste) Update,
USEPA Amendments (July 1, 2006 through December 31, 2006) –
The Board adopted a final opinion and order in this consolidated
“identical-in-substance” rulemaking amending the Board’s
hazardous waste regulations.
4-0
Land
R08-19
In the Matter of: Amendments to 35 Ill. Adm. Code 217, Nitrogen
Oxides Emissions, and 35 Ill. Adm. Code 211 – The Board
accepted for hearing the Illinois Environmental Protection
Agency’s May 9, 2008 proposal to amend the Board’s air pollution
control regulations to control nitrogen oxides emissions. The Board
also granted the motion to file a limited number of copies.
4-0
Air
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 granted motion to withdraw petition.
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 granted motion to withdraw
petition.
4-0
Air
AS 08-10
In the Matter of: RCRA Delisting Adjusted Standard Petition for
Peoria Disposal Company v. IEPA – The Board found that
petitioner has satisfied the jurisdictional requirement of providing
newspaper notice of its petition for an adjusted standard and
accepted this matter for hearing. The Board granted petitioner’s
motion to expedite review and to file a reduced number of copies of
specified documents. The Board reserved ruling on petitioner’s
application for non-disclosure.
4-0
Land
A
DMINISTRATIVE CITATIONS
AC 05-61
IEPA v. Timothy Pearce
– No action taken.
2

 
AC 08-22
IEPA v. Pike County Landfill, Inc., Larry Beard and Steven Blake
– The Board found that these respondents violated Section 21(o)(5)
of the Act (415 ILCS 5/21(o)(5) (2006)), assessing a penalty of
$500 in this administrative citation involving a Pike County
facility.
4-0
AC 08-23
IEPA v. William Dixon – The Board found that this respondent
violated Sections 21(p)(1), (p)(2), (p)(3), and (p)(7) of the Act (415
ILCS 5/21(p)(1)(p)(3), (p)(7) (2006)), assessing a penalty of $6,000
in this administrative citation involving an Union County facility.
4-0
AC 08-24
IEPA v. Gire Properties, Inc. and Gire Construction, Inc. – The
Board found that these respondents violated Sections 21(p)(1),
(p)(4), and (p)(7) of the Act (415 ILCS 5/21(p)(1), (p)(4), (p)(7)
(2006)), assessing a penalty of $4,500 in this administrative citation
involving an Douglas County facility.
4-0
AC 08-26
IEPA v. Edward W. Fisher, Rhonda L. Fisher and DEM/EX Group,
Inc. – The Board found that these respondents violated Sections
21(p)(1) and (p) (7) of the Act (415 ILCS 5/21(p)(1), (p)(7)
(2006)), assessing a penalty of $3,000 in this administrative citation
involving an Mason County facility.
4-0
AC 08-28
IEPA v. Joseph Cosentino and Rob Pinski – The Board accepted
for hearing respondent Pinski’s petition for review of this
administrative citation involving a Perry County facility. The
Board also granted complainant’s motion to dismiss Cosentino
from this matter.
4-0
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.
4-0
AC 08-30
IEPA v. Thomas, Wayne, and Valerie Hill – The Board granted
complainant’s motion for withdrawal of this administrative citation
and closed the docket.
4-0
3

 
ADJUDICATORY CASES
PCB 07-32
People of the State of Illinois v. Lake Arlann Drainage District,
Cochran & Wilken, Inc. and Southwind Construction Corp. – Upon
receipt of two proposed stipulation and settlement agreements and
agreed motions to request relief from the hearing requirement on
behalf of Lake Arlann Drainage District and Cochran & Wilken,
Inc. in this water enforcement action involving a Tazewell 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
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 07-134
People of the State of Illinois by Lisa Madigan, Attorney General
of the State of Illinois v. Village of Rockton – In this water
enforcement action concerning a Winnebago 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 $7,514.00,
and to cease and desist from further violations.
4-0
W-E
PCB 07-146
Fox Moraine, LLC v. United City of Yorkville, City Council
– The
Board denied respondent’s motion to dismiss.
4-0
PCFSR,
Land
4

 
PCB 08-49
Joyce Farms Recycling, Inc. v. IEPA
The Board accepted for
hearing this permit appeal involving a Kankakee County facility.
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
PCB 08-90
Pilkington North America v. IEPA – The Board accepted for
hearing and granted Kurt A. Kissling’s motion to appear
pro hac
vice
in this permit appeal involving a LaSalle County facility.
4-0
P-A, Air
PCB 08-91
People of the State of Illinois v. Surface Manufacturing Company –
The Board accepted for hearing this water enforcement action
involving a site located in Boone County.
4-0
W-E
PCB 08-92
People of the State of Illinois v. Advantage National Bancorp, Inc.
and Vacala Construction, Inc.
The Board accepted for hearing
this water enforcement action involving a site located in DuPage
County.
4-0
W-E
PCB 08-93
People of Williamson County ex rel State’s Attorney Charles
Garnati and the Williamson County Board v. Kibler Development
Corporation, Marion Ridge Landfill, Inc., and Illinois
Environmental Protection Agency – No action taken.
4-0
P-A, Land
Third Party
PCB 08-94
People of the State of Illinois v. CFC International, Inc. – Upon
receipt of a proposed stipulation and settlement agreement and an
agreed motion to request relief from the hearing requirement in this
air enforcement action involving a Cook County facility, the Board
ordered publication of the required newspaper notice.
4-0
A-E
C
ASES PENDING DECISION
R08-8
In the Matter of: Abbott Laboratories Proposed Site-specific
Amendment to Applicability Selection of Organic Material
Emission Standards and Limitations for the Chicago Area:
Subpart T: Pharmaceutical Manufacturing (35 Ill. Adm. Code
218.480(b))
– Proposed Rule, Second Notice, Opinion & Order
Air
PCB 08-42
Tom Edwards v. IEPA and Peoria Disposal Company
Final Order (due 6/19)
PA,
RCRA
5

O
THER ITEMS
ADJOURNMENT
Moved and seconded, by a vote of 4-0, 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 June 19, 2008, by a vote of 4-0.
John T. Therriault, Assistant Clerk
Illinois Pollution Control Board
6

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