1. 09-1
    2. R09-2
    3. R09-3
    4. R09-4
    5. R09-5
    6. R09-6
    7. R09-7
    8. AC 07-24
    9. AC 08-19
    10. AC 08-34
    11. AC 08-35
    12. AC 08-36
    13. AC 08-37
    14. AC 08-38
    15. AC 09-01
    16. PCB 07-32
      1. PMA & Associates, Inc. v. IEPA – No action taken.
      2. Kyle Nash v. Karen Sokolowski – The Board found that the amended complaint is neither duplicative nor frivolous and accepts the amended complaint for hearing.
      3. Kyle Nash v. Louis Jimenez – The Board found that the amended complaint is neither duplicative nor frivolous and accepts the amended complaint for hearing.
    17. PCB 08-59
    18. PCB 08-76
      1. Anne McDonagh and Davd Fishbaum v. Richard Michelon and Amy Michelon – The Board found that the alleged violation is neither duplicative nor frivolous, accepts the complaint for hearing.
      2. 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 – The Board granted the respondents’motion to dismiss for lack of jurisdiction, denied as moot Illinois Environmental Protection Agency's motion to stay and extend discovery, canceling the hearing scheduled for July 28, 2008.
      3. United City of Yorkville v. Hamman Farms – No action taken.
      4. Knapp Oil Company, 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 Perry County facility.
      5. People of the State of Illinois v. City of Geneva – 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 Kane County facility, the Board ordered publication of the required newspaper notice.
      6. Waste Management of Illinois, Inc. v. IEPA – The Board granted this request for a 30-day extension of time to file an underground storage tank appeal on behalf of this Madison County facility.
      7. People of the State of Illinois v. City of Coffeen – The Board accepted for hearing this water enforcement action involving a site located in Montgomery County.
      8. KCBX Terminals Company v. IEPA – The Board accepted for hearing this permit appeal involving a Cook County facility. No action was taken on petitioner’s motion for partial stay of specified conditions in the construction permit.
      9. Archer Daniels Midland Company, Quincy v. IEPA – The Board granted this request for a 60-day extension of time to file an underground storage tank appeal on behalf of this Adams County facility.
      10. People of the State of Illinois v. Centerpoint Properties Trust, a real estate investment trust, and FCL Investors, Inc., an Illinois corporation formerly known as FCL Builders, Inc. – The Board accepted for hearing this water enforcement action involving a site located in Lake County.
ILLINOIS POLLUTION CONTROL BOARD
M
EETING MINUTES
July 10, 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.
ROLL CALL
The Assistant Clerk of the Board called the roll. All four Board Members answered present.
APPROVAL OF MINUTES
The minutes of the June 19, 2008 open meeting were approved by a vote of 4-0.
R
ULEMAKINGS
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 granted NORA, An Association of
Responsible Recyclers’ motion for an additional hearing following
first notice.
Land
4-0
R08-9
In The Matter of: Water Quality Standards and Effluent
Limitations for the Chicago Area Waterway System and the Lower
Des Plaines River: Proposed Amendments to 35 Ill. Adm. Code
301, 302, 303 and 304 – No action taken.
Water
2
 
09-1
UIC Update, USEPA Amendments (January 1, 2008 through June
30, 2008)
–
The Board reserved this docket for a routine update to
make the Board rules “identical in substance” to United States
Environmental Protection Agency rules adopted during the update
period.
Land
R09-2
RCRA Subtitle D (Municipal Solid Waste Landfill) Update,
USEPA Amendments (January 1, 2008 through June 30, 2008)
–
The Board reserved this docket for a routine update to make the
Board rules “identical in substance” to United States
Environmental Protection Agency rules adopted during the update
period.
Land
R09-3
RCRA Subtitle C (Hazardous Waste) Update, USEPA
Amendments (January 1, 2008 through June 30, 2008)
–
The Board
reserved this docket for a routine update to make the Board rules
“identical in substance” to United States Environmental Protection
Agency rules adopted during the update period.
Land
R09-4
UST Update, USEPA Amendments (January 1, 2008 through June
30, 2008)
–
The Board reserved this docket for a routine update to
make the Board rules “identical in substance” to United States
Environmental Protection Agency rules adopted during the update
period.
Land
R09-5
Wastewater Pretreatment Update, USEPA Amendments (January 1,
2008 through June 30, 2008)
–
The Board reserved this docket for a
routine update to make the Board rules “identical in substance” to
United States Environmental Protection Agency rules adopted
during the update period.
Water
R09-6
Definition of VOM Update, USEPA Amendments (January 1, 2008
through June 30, 2008)
–
The Board reserved this docket for a
routine update to make the Board rules “identical in substance” to
United States Environmental Protection Agency rules adopted
during the update period.
Air
R09-7
SDWA Update, USEPA Amendments (January 1, 2008 through
June 30, 2008)
–
The Board reserved this docket for a routine
update to make the Board rules “identical in substance” to United
States Environmental Protection Agency rules adopted during the
update period.
Public
Water
Supply
3
 
ADJUSTED STANDARDS
None
A
DMINISTRATIVE CITATIONS
AC 07-24
AC 08-19
IEPA v. C. John Blickhan – The Board granted complainant’s
motion to consolidate AC 07-24 with AC 08-19.
4-0
AC 08-34
IEPA v. Joseph Combs – The Board accepted an administrative
citation against this Greene County respondent.
−
AC 08-35
IEPA v. George R. Ford
– The Board accepted an administrative
citation against this Fulton County respondent.
AC 08-36
IEPA v. Charles F. Kinsel – The Board accepted an
administrative citation against this Fulton County respondent.
AC 08-37
IEPA v. Nancy Koltzenburg d/b/a K & N Excavating and Rentals
– The Board accepted an administrative citation against this
Hancock County respondent.
AC 08-38
County of Vermilion, Illinois v. Illinois Landfill, Inc. – The
Board accepted an administrative citation against this
Vermilion County respondent.
AC 09-01
County of Vermilion, Illinois v. Connie Yount – The Board
accepted an administrative citation against this
Vermilion County respondent.
4
 
ADJUDICATORY CASES
PCB 07-32
People of the State of Illinois v. Lake Arlann Drainage District,
Cochran & Wilken, Inc., and Southwind Construction Corp.– In
this water enforcement action involving a Tazewell County
facility, upon receipt of a proposed stipulation and settlement
agreement and agreed motions to request relief from the hearing
requirement on behalf of respondent Southwind Construction
Corp, the Board ordered publication of the required newspaper
notice. Also in a separate opinion and order, 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 two stipulation and settlement agreements on behalf of
Lake Arlann Drainage District and Cochran & Wilken, ordering
the respondents to pay a total civil penalty of $35,000.00, and to
cease and desist from further violations.
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 07-96
Kyle Nash v. Karen Sokolowski – The Board found that the
amended complaint is neither duplicative nor frivolous and
accepts the amended complaint for hearing.
4-0
Citizens
N-E
PCB 07-97
Kyle Nash v. Louis Jimenez – The Board found that the amended
complaint is neither duplicative nor frivolous and accepts the
amended complaint for hearing.
4-0
Citizens
N-E
PCB 08-36
Dave McGhee v. IEPA
– The Board granted this Douglas County
facility’s motion for voluntary dismissal of this underground
storage tank appeal.
4-0
UST Appeal
5
 
PCB 08-59
John Blickhan v. IEPA
–
The Board accepted for hearing this
permit appeal involving an Adams County facility.
4-0
P-A, Land
PCB 08-76
Anne McDonagh and Davd Fishbaum v. Richard Michelon and
Amy Michelon – The Board found that the alleged violation is
neither duplicative nor frivolous, accepts the complaint for
hearing.
4-0
Citizens
N-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 – The Board granted the
respondents’motion to dismiss for lack of jurisdiction, denied as
moot Illinois Environmental Protection Agency's motion to stay
and extend discovery, canceling the hearing scheduled for July
28, 2008.
4-0
P-A, Land
Third Party
PCB 08-94
People of the State of Illinois v. CFC International, Inc.,
–
In this
air 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
$60,000, and to cease and desist from further violations.
4-0
A-E
PCB 08-95
United City of Yorkville v. IEPA and Hamman Farms
–
No
action taken.
P-A, Land
Third Party
PCB 08-96
United City of Yorkville v. Hamman Farms – No action taken.
Citizens
A, L, W-E
PCB 08-99
Knapp Oil Company, 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 Perry County facility.
4-0
UST
Appeal,
90 Day Ext.
PCB 08-100
People of the State of Illinois v. City of Geneva
– 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 Kane County facility, the
Board ordered publication of the required newspaper notice.
4-0
W-E
6
 
PCB 08-101
Waste Management of Illinois, Inc. v. IEPA – The Board granted
this request for a 30-day extension of time to file an underground
storage tank appeal on behalf of this Madison County facility.
4-0
P-A,
Land,
90 Day Ext.
PCB 08-102
People of the State of Illinois v. City of Coffeen – The Board
accepted for hearing this water enforcement action involving a
site located in Montgomery County.
4-0
W-E
PCB 08-103
KCBX Terminals Company v. IEPA – The Board accepted for
hearing this permit appeal involving a Cook 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 09-1
Archer Daniels Midland Company, Quincy v. IEPA – The Board
granted this request for a 60-day extension of time to file an
underground storage tank appeal on behalf of this Adams County
facility.
4-0
P-A,
Water
90 Day Ext.
PCB 09-2
People of the State of Illinois v. Centerpoint Properties Trust, a
real estate investment trust, and FCL Investors, Inc., an Illinois
corporation formerly known as FCL Builders, Inc. – The Board
accepted for hearing this water enforcement action involving a
site located in Lake County.
4-0
W-E
C
ASES PENDING DECISION
R08-5
R08-7
R08-13
(cons.)
Wastewater Pretreatment Update, USEPA Amendments
(January 1, 2007 through June 30, 2007)
SDWA Update, USEPA Amendments (January 1, 2007 through
June 30, 2007
SDWA Update, USEPA Amendments (July 1, 2007 through
December 31, 2007)
– Deadline Extension Order
Water
PWS
PWS
7
OTHER ITEMS
The Board granted the Chairman’s Motion under Section 2-06(c) of
the Open Meeting Act (5 ILCS 120/2.06(c)) to continue to preserve
only written minutes of closed Board deliberative sessions
occurring on or before December 31, 2006, and to approve
destruction of verbatim tape recordings of meetings held: July 13,
August 10, September 14, September 28, October 26 (reconvened
November 1), November 9, November 30, December 14, and
December 28, 2006.
4-0
The Board granted the Chairman’s Motion under Section 2.06(d) of
the Open Meetings Act (5 ILCS 120/2.06(d)) to continue to keep
confidential minutes of closed Board meetings occurring between
January 1, 2008 through June 30, 2008.
4-0
The Board granted the Chairman’s Motion to reschedule July 24,
2008 meeting to Monday, July 21, 2008, at 3:00 pm in Chicago
Office
4-0
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 July 21, 2008, by a vote of 4-0.
John T. Therriault, Assistant Clerk
Illinois Pollution Control Board
8

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