RULEMAKINGS

R08-5

R08-7

R08-13

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) – The Board adopted a proposal for public

comment in this “identical-in-substance” consolidated

rulemaking to amend the Board’s wastewater pretreatment and

drinking water regulations and extended the deadline for

completion of rulemaking from August 15, 2008 to December 1,

2008.

4-0

Water

PWS

PWS

A

DJUSTED STANDARDS

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) v. IEPA

– The Board granted petitioners motion for expedited decision,

and will issue a final decision as soon as is reasonably

practicable, consistent with decision deadlines and available

resources.

4-0

Land

A

DMINISTRATIVE CITATIONS

AC 09-2

IEPA v. Theodore & Elizabeth Hollenbeak and Hollenbeak

Concrete, Inc. – The Board ordered respondents to file an

amended petition for review in this administrative citation

involving a Brown County facility, on or before September 8,

2008, or the petition for review would be subject to dismissal.

4-0

AC 09-4

County of Jackson v. Lester Johnson and Arthur Cross – The

Board ordered respondents to file an amended petition for review

in this administrative citation involving a Jackson County

facility, on or before September 8, 2008, or the petition for

review would be subject to dismissal.

4-0

AC 09-5

IEPA v. Donald E. and Mary A. Jennings

– The Board accepted

an administrative citation against these Brown County

respondents.

AC 09-6

IEPA v. Euwell & Phyllis Beers and Jeremy Beers

– The Board

accepted an administrative citation against these

Williamson County respondents.

2

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AC 09-7

IEPA v. Mid-America Machinery Company – The Board

accepted an administrative citation against this Macoupin County

respondent.

AC 09-8

County of Jackson v. Dan Kimmel – The Board accepted an

administrative citation against this Jackson County respondent.

AC 09-9

County of Jackson v. Alvin Valdez and Ruben J. Valdez – The

Board accepted an administrative citation against these

Jackson County respondents.

A

DJUDICATORY CASES

PCB 00-104

People of the State of Illinois v. Murphy Farms, L.L.C.– In this

air and water enforcement action concerning a Knox 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 make a “monetary

payment” in the sum of $35,000 to the University of Illinois,

College of Agriculture, Consumer and Environmental Sciences,

for the College’s Discovery Farms research project, and to cease

and desist from further violations.

4-0

A, W-E

PCB 04-102

Emerald Performance Materials, L.L.C. (as purchaser of Noveon,

Inc.) v. IEPA – No action taken.

T-S

Air

PCB 04-185

Midwest Generation EME, LLC v. IEPA – No action taken.

T-S

Air

PCB 04-215

Commonwealth Edison Company v. IEPA

– No action taken.

T-S

Air

PCB 04-216

Midwest Generation EME, LLC v. IEPA

– No action taken.

T-S

Air

PCB 05-35

Kibler Development Corporation and Marion Ridge Landfill, Inc.

v. IEPA – The Board granted petitioners’ motion for voluntarily

dismissal and denied the State’s Attorney of Williamson County

motion to intervene as moot.

4-0

P-A, Land

3

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PCB 07-32

People of the State of Illinois v. Southwind Construction Corp –

In this water enforcement action concerning a Tazewell 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

$2,500, and to cease and desist from further violations.

W-E

PCB 07-43

Kibler Development Corporation and Marion Ridge Landfill, Inc.

v. IEPA – The Board granted petitioners’ motion for voluntarily

dismissal and denied the State’s Attorney of Williamson County

motion to intervene as moot.

4-0

P-A, Land

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 07-45

People of the State of Illinois v. General Waste Services, Inc., –

No action taken.

A-E

PCB 07-63

PMA & Associates, Inc. v. IEPA – No action taken.

UST Appeal

PCB 07-71

Lone Star Industries, Inc. v. IEPA

–

The Board granted this

LaSalle County facility’s motion for voluntary dismissal of this

permit appeal.

4-0

P-A, Air

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 08-30

Caseyville Sport Choice, LLC, an Illinois Limited Liability

Company v. Erma I. Seiber, Administratrix of the Estate of James

A. Seiber, Deceased, and Erma I. Seiber in her individual

capacity – No action taken.

L-E

4

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PCB 08-78

Park Ridge/7-Eleven, Inc. v. IEPA – Having previously granted a

request for a 90-day extension, the Board dismissed this matter

because no underground storage tank appeal was filed on behalf

of this Cook County facility.

4-0

90-Day Ext,

UST Appeal

PCB 08-95

United City of Yorkville v. IEPA and Hamman Farms

–

The

Board granted both respondents’ motions for dismissal, finding

that the Board lacks jurisdiction under the Illinois Environmental

Protection Act to hear this appeal.

4-0

P-A, Land

Third Party

PCB 08-96

United City of Yorkville v. Hamman Farms – No action taken.

Citizens

A, L, W-E

PCB 08-100

People of the State of Illinois v. City of Geneva – In this water

enforcement action concerning a Kane 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 $5,000, and to cease and

desist from further violations.

4-0

W-E

PCB 08-101

Waste Management of Illinois, Inc. v. IEPA – The Board

accepted for hearing this permit appeal involving a Madison

County facility.

4-0

P-A, Water

PCB 09-6

Dynegy Midwest Generation, Inc. (Wood River Power Station) v.

IEPA – The Board accepted for hearing this permit appeal

involving a Madison 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 09-7

Streator Petrol Pump v. IEPA – The Board accepted for hearing

this underground storage tank appeal involving a LaSalle County

facility.

4-0

UST Appeal

PCB 09-8

People of the State of Illinois v. Red Seal Development

Corporation and Lenzini Excavating Company – The Board

accepted for hearing this water enforcement action involving a

site located in Lake County.

4-0

W-E

5

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PCB 09-9

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 09-10

Joseph & Victoria Morrissey v. Geoff Pahlos, Alpine Automotive

– No action taken.

4-0

UST Appeal

PCB 09-11

People of the State of Illinois v. Rockford Blacktop Construction

Co. and Westlake Utilities, Inc. – Upon receipt of a proposed

stipulation and settlement agreements and agreed motions 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

C

ASES PENDING DECISION

R08-8

In the Matter of: Abbott Laboratories' Proposed Site-Specific

Amendment to Applicability Section of Organic Material

Emission Standards and Limitations for the Chicago Area:

Subpart T: Pharmaceutical Manufacturing (35 Ill. Adm. Code

218.480(b))

Air

AS 08-2

In the Matter of: Petition of Stericycle, Inc. for an Adjusted

Standard from 35 Ill. Adm. Code 422.111(B)(1); 1450.105(A)-

(B); 1450.200 (e)

Other

OTHER ITEMS

The Board granted the Chairman’s Motion to change the August

21, 2008 Board Meeting from one held in Springfield to a

Videoconference in Chicago and Springfield.

4-0

The Board granted the Chairman’s Motion to reschedule the

October 2, 2008 meeting to Tuesday, September 30, 2008, at 3:00

pm in the Board’s Chicago Office.

4-0

6

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ADJOURNMENT

Moved and seconded, by a vote of 4-0, Chairman Girard adjourned the meeting at 11:25 am

.

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

Board approved the above minutes on August 21,2008, by a vote of 4-0.

John T. Therriault, Assistant Clerk

Illinois Pollution Control Board

7