A

DMINISTRATIVE CITATIONS

AC 07-28

IEPA v. Charles Norman Bartlett

– The Board granted

complainant’s motion for withdrawal of this administrative

citation and closed the docket.

4-0

AC 09-3

IEPA v. Frank H. and Mary Lou Record and Frank Record d/b/a

Quality Disposal – The Board found that these Fulton County

respondents violated Sections 21(p)(1) and (p)(7) of the Act (415

ILCS 5/21(p)(1), (p)(7) (2006)). Because there are two violations

of Section 21(p) and one of these violations is a subsequent

offense, respondents were ordered to pay a civil penalty of

$4,500

.

4-0

AC 09-5

IEPA v. Donald E. and Mary A. Jennings – The Board found that

these Brown County respondents violated Section 21(p)(1) of the

Act (415 ILCS 5/21(p)(1) (2006)). Because this violation of

Section 21(p) is a subsequent offense, respondents were ordered

to pay a civil penalty of $3,000

.

4-0

AC 09-6

IEPA v. Euwell & Phyllis Beers and Jeremy Beers – The Board

granted complainant’s motion for withdrawal of this

administrative citation and closed the docket.

4-0

AC 09-7

IEPA v. Mid-America Machinery Company – The Board granted

complainant’s motion for withdrawal of this administrative

citation and closed the docket.

4-0

AC 09-10

IEPA v. Brian Bellemey – The Board found that this respondent

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 a Marion County facility.

4-0

AC 09-11

IEPA v. Ruby Acklin and Joseph Flick – No action taken.

AC 09-15

Ogle County v. Veolia ES Orchard Hills Landfill, Inc.

– The

Board accepted an administrative citation against this

Ogle County respondent.

A

DJUDICATORY CASES

PCB 05-35

Kibler Development Corporation and Marion Ridge Landfill, Inc.

v. IEPA – No action taken.

P-A,

Air

PCB 05-199

People

of the State of Illinois v. Champion Environmental

A-E

2

---

Services, Inc., a Wisconsin corporation – No action taken.

PCB 06-82

People of the State of Ilinois v. Barger Engineering, Inc. – No

action taken, referred to Hearing Officer for disposition.

W-E

PCB 07-43

Kibler Development Corporation and Marion Ridge Landfill, Inc.

v. IEPA – No action taken.

P-A,

Air

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., –

The Board denied respondent’s motion for summary judgment.

A-E

4-0

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

PCB 07-97

Kyle Nash v. Louis Jimenez – No action taken.

Citizens

N-E

PCB 07-104

People of the State of Illinois v. Washington Trails Edge, LLC

–

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 Tazewell County

facility, the Board ordered publication of the required newspaper

notice.

4-0

W-E

PCB 07-146

Fox Moraine, LLC v. United City of Yorkville, City Council

–

No action taken.

PCFSR, Land

PCB 07-148

People of the State of Illinois by Lisa Madigan, Attorney General

of the State of Illinois v. Carlyle North Water Company, 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 Clinton County

facility, the Board ordered publication of the required newspaper

notice.

W-E

PCB 08-30

Caseyville Sport Choice, LLC, an Illinois Limited Liability

L-E

3

---

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.

PCB 08-92

People of the State of Illinois v. Advantage National Bancorp, Inc

and Vacala Construction, 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 DuPage County facility, the

Board ordered publication of the required newspaper notice.

4-0

W-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 08-97

Veach Oil Company v. IEPA

–

Having previously granted a

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

because no permit appeal was filed on behalf of this facility

located in Alexander County.

4-0

UST Appeal

PCB 08-102

People of the State of Illinois v. City of Coffeen

–

No action

taken, referred to Hearing Officer for disposition.

W-E

PCB 09-4

Woodworth & Sons, Inc. v. IEPA

–

The Board granted this

Champaign facility’s motion for voluntary dismissal of this

underground storage tank appeal.

4-0

UST Appeal

PCB 09-8

People of the State of Illinois v. Red Seal Development

Corporation and Lenzini Excavating Company – In this water

enforcement action involving a Lake 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 Lenzini Excavating Company, 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 a

stipulation and settlement agreement on behalf of Red Seal

Development Corporation, ordering the respondent to pay a total

civil penalty of $15,500.00, and to cease and desist from further

violations.

4-0

W-E

4

---

PCB 09-17

Dalee Oil v. IEPA – The Board accepted for hearing this

underground storage tank appeal involving a Madison County

facility.

4-0

UST Appeal

PCB 09-18

Baby Bacon, Inc. - Amboy v. IEPA

– Upon receipt of the Illinois

Environmental Protection Agency’s recommendation, the Board

found and certified that petitioner’s specified facilities, located in

Lee 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 09-19

Hannel Oil Company v. IEPA – The Board accepted for hearing

this underground storage tank appeal involving a Morgan County

facility.

4-0

UST Appeal

C

ASES PENDING DECISION

R08-17

In the Matter of: Standards and Limitations for Organic Material

Emissions for Area Sources Proposed New 35 Ill. Adm. Code

Part 223 - First Notice Opinion and Order

Air

OTHER ITEMS

None

ADJOURNMENT

Moved and seconded, by a vote of 4-0, Chairman Girard adjourned the meeting at 3:26 pm

.

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

Board approved the above minutes on October 16, 2008, by a vote of 4-0.

John T. Therriault, Assistant Clerk

Illinois Pollution Control Board

5