RULEMAKINGS

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); Repeal of 35

Ill. Adm. Code 406.203 and Part 407; and Proposed New 35 Ill.

Adm. Code 302.208(h) – The Board adopted a final opinion and

order adopting amendments to the Board’s water and mine-

related regulations.

4-0

Water

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 deconsolidated the docket

R08-5 wastewater pretreatment amendments from the

consolidated R08-7/R08-13 SDWA amendments and withdrew

the August 29, 2008 Notice of Proposed Amendments relating to

the Part 611 amendments in R08-7/R08-13. The Board expects to

complete action in R08-5 pretreatment docket by December 1,

2008. The deadline for completion of R08-7/R08-13 SDWA

amendments was extended from December 1, 2008 to December

31, 2008.

4-0

Water

PWS

PWS

R09-3

RCRA Subtitle C (Hazardous Waste Update, USEPA

Amendments (January 1, 2008 through June 30, 2008) – The

Board adopted a proposal for public comment in this “identical-

in-substance” rulemaking to amend the Board’s hazardous waste

regulations

4-0

Land

R09-8

In the Matter of: Proposed Site Specific Rule for City of

Springfield, Illinois, Office of Public Utilities, City Water, Light

and Power and Springfield Metro Sanitary District From 35 Ill.

Adm. Code Section 302.208(g) – No action taken.

Water

2

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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 an adjusted standard to Big River Zinc

Corporation for its electrolytic refinery in Sauget, St. Clair

County, subject to conditions. The Board expedited its decision

consistent with its August 7, 2008 order.

4-0

Land

AS 08-10

In the Matter of: RCRA Delisting Adjusted Standard Petition of

Peoria Disposal Company – The Board denied the various

requests for additional hearings, but extended the public

comment deadline to September 25, 2008.

4-0

Land

AS 09-1

In the Matter of: Petition of Ameren Energy Generating

Company for Adjusted Standards from 35 Il. Adm. Code Parts

811, 814, and 815 (Hutsonville Power Station) – No action taken.

Land

A

DMINISTRATIVE CITATIONS

AC 08-31

IEPA v. Upper Rock Island County Landfill and Dave Geier –

The Board dismissed this matter due to complainant’s failure to

file with the Board proof of service on respondents.

4-0

AC 08-32

IEPA v. Joseph Flick – The Board dismissed this matter due to

complainant’s failure to file with the Board proof of service on

respondent.

4-0

AC 09-11

IEPA v. Ruby Acklin and Joseph Flick

– The Board dismissed

this matter due to complainant’s failure to file with the Board

proof of service on respondents.

AC 09-12

IEPA v. George R. Ford – The Board accepted an administrative

citation against this Fulton County respondent.

A

DJUDICATORY CASES

PCB 04-102

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

Inc.) v. IEPA – No action taken.

P-A,

Air

3

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PCB 05-110

People of the State of Illinois v. J. McDaniel – Upon receipt of

two proposed stipulation and settlement agreements and agreed

motions to request relief from the hearing requirement in this air

enforcement action involving alleged violations at two separate

sites in McLean and Vermilion Counties facility, the Board

ordered publication of the required newspaper notices.

4-0

A-E

PCB 06-116

People of the State of Illinois v. William Warren and Halleck

Warren, d/b/a Hickory Shores Resort, and Hickory Shores

Recreations, LTD – In this water enforcement action concerning

a Clinton 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 respondents to

pay a total civil penalty of $3,500, and to cease and desist from

further violations.

4-0

W-E

PCB 07-20

Atkinson Landfill Company v. The Village of Atkinson and The

Village Board of the Village of Atkinson – The Board granted

this Alexander County facility’s motion for voluntary dismissal

of this landfill siting appeal.

4-0

P-C-F-S-R

PCB 07-25

People of the State of Illinois v. Isaacson Construction, Inc. –

Upon receipt of a proposed stipulation and settlement agreement

and agreed motion to request relief from the hearing requirement

in this land enforcement action involving a McLean County

facility, the Board ordered publication of the required newspaper

notice.

4-0

L-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 07-45

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 07-96

Kyle Nash v. Karen Sokolowski

– No action taken.

Citizens

N-E

4

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PCB 07-97

Kyle Nash v. Louis Jimenez – No action taken.

Citizens

N-E

PCB 08-26

People of the State of Illinois v. Gary Cates, d/b/a Cherry Street

Automotive, Calvin Booth, d/b/a Auto Salvage Illinois, and S. I.

Promotion Flora, Inc.

–

Upon receipt of a proposed stipulation

and settlement agreement and agreed motion to request relief

from the hearing requirement in this land enforcement action

involving a White County facility, the Board ordered publication

of the required newspaper notice.

4-0

L-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

PCB 08-55

People of the State of Illinois v. Village of Merrionette Park –

Upon receipt of a proposed stipulation and settlement agreement

and 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 08-93

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 denied

petitioner’s motion for reconsideration of the Board’s July 10,

2008 opinion and order, dismissing this appeal for lack of

jurisdiction.

4-0

L-PA,

3

rd

Party

PCB 08-96

United City of Yorkville v. Hamman Farms

– No action taken.

Citizens

A, L, W-E

PCB 09-10

Joseph & Victoria Morrissey v. Geoff Pahlos, Alpine Automotive

– No action taken.

UST Appeal

5

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6

PCB 09-11

People of the State of Illinois v. Rockford Blacktop Construction

Co. and Westlake Utilities, Inc. – 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

respondents to pay a total civil penalty of $22,500.00, and to

cease and desist from further violations.

4-0

W-E

C

ASES PENDING DECISION

R07-19

In the Matter of: Section 27 Proposed Rules for Nitrogen Oxide

(NOx) Emissions From Stationary Reciprocating Internal

Combustion Engines and Turbines: Amendments to 35 Ill. Adm.

Code Parts 211 and 217

Air

OTHER ITEMS

The Board granted the Chairman’s motion to change the September

18, 2008 Board Meeting to a videoconference meeting on Tuesday,

September 16, 2008, at 3:00 pm (at James R. Thompson Center,

100 W. Randolph, Room 11-512, Chicago, IL and 1021 N. Grand

Avenue East, Conference Room 1244, First Floor, Springfield, IL).

4-0

ADJOURNMENT

Moved and seconded, by a vote of 4-0, Chairman Girard adjourned the meeting at 11:22 am

.

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

Board approved the above minutes on September 4, 2008, by a vote of.

John T. Therriault, Assistant Clerk

Illinois Pollution Control Board