RULEMAKINGS

R08-17

In the Matter of: Standards and Limitations for Organic Material

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

Part 223 – The Board adopted a first notice opinion and order in

this rulemaking to amend the Board’s air pollution control

regulations.

4-0

Air

R09-10

In the Matter of: Amendments to 35 Ill. Adm. Code 225:

Control of Emissions From Large Combustion Sources

(Mercury) – No action taken.

Air

A

DJUSTED STANDARDS

AS 07-6

In the Matter of: Petition of Cabot Corporation for an Adjusted

Standard from 35 Ill. Adm. Code Part 738, Subpart B – No

action taken.

Land

A

DMINISTRATIVE CITATIONS

AC 08-17

City of Chicago Department of Environment v. Crystal IL – In

response to a joint stipulation and settlement agreement in this

administrative citation action involving a Cook County facility,

the Board found that respondent had violated Sections 21(p)(1)

and (p)(4) of the Environmental Protection Act (415 ILCS

5/21(p)(1), (p)(4) (2006)) and ordered respondent to pay a civil

penalty of $3,000. The Board also granted the parties’ joint

motion to dismiss respondent’s petition for review and the

alleged violation of 415 ILCS 5/21(p) (7) (2006). The Board

took no action on the request to order Crystal IL 98, L.L.C. to

perform the fence work described in the stipulation, due to lack

of jurisdiction.

4-0

AC 09-4

County of Jackson v. Lester Johnson and Arthur Cross

– The

Board granted complainant’s motion for withdrawal of this

administrative citation and closed the docket.

4-0

AC 09-11

IEPA v. Ruby Acklin and Joseph Flick

– The Board granted

complainant’s motion to dismiss Ruby Acklin from this action.

The Board found that the remaining respondent violated Sections

21(p)(1)) and (7) of the Act (415 ILCS 5/21(p)(1), (7) (2006)),

assessing a penalty of $3,000 in this administrative citation

involving a Union County facility.

4-0

2

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AC 09-12

IEPA v. George R. Ford – The Board accepted for hearing

respondent’s petition for review of this administrative citation

involving a Fulton County facility.

4-0

AC 09-13

IEPA v. Billy Hammond, Sr. – The Board found that this

Franklin County respondent violated Sections 21(p)(1), (3) and

(7) of the Act (415 ILCS 5/21(p)(1), (3) and (7) (2006)) and

ordered respondent to pay a penalty of $4,500.

4-0

AC 09-16

IEPA v. Mid-American Machinery Company – The Board

accepted an administrative citation against this Macoupin 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 05-110

People of the State of Illinois v. J. McDaniel – In this water

enforcement action concerning two separate sites in McLean and

Vermilion Counties, 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 civil

penalty of $25,000 for the alleged violations in Vermilion County

and a civil penalty of $35,000 for the alleged violations in

McLean County, and to cease and desist from further violations.

4-0

W-E

PCB 05-199

People of the State of Illinois v. Champion Environmental

Services, Inc., a Wisconsin corporation – The Board denied

respondent’s motion to finalize settlement because no settlement

agreement, properly executed, was filed before the Board.

4-0

A-E

PCB 06-192

People of the State of Illinois v. Larry Bielfeldt

– Upon receipt of

a proposed stipulation and settlement agreement and agreed

motion to request relief from the hearing requirement in this

water enforcement action involving a McLean County facility,

the Board ordered publication of the required newspaper notice.

4-0

W-E

3

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PCB 07-25

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

this land enforcement action concerning a McLean 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

$100,000, and to cease and desist from further violations.

4-0

L-E

PCB 07-42

People of the State of Illinois v. Environmental Reclamation

Company – In this land enforcement action concerning a Coles

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 $8,500, and to cease and desist from further violations.

4-0

L-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 07-46

People of the State of Illinois v. D & L. Disposal, L.L.C., a

Delaware corporation – In this land enforcement action

concerning a Bond 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 $8,500, and to cease and desist from

further violations. Respondent agreed to perform a supplemental

environmental project (SEP). The SEP consists of the provision

of 1,300 tons of disposal capacity to be used by the complainant

at any of three identified landfills. The SEP has a settlement

value of $45,500, which offset penalties that could be sought by

complainant.

4-0

L-E

PCB 07-63

PMA & Associates, Inc. v. IEPA

– No action taken.

UST Appeal

4

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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 07-146

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

No action taken.

PCFSR, Land

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.

–

In this land 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 $8,000, and to cease

and desist from further violations.

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 – The Board denied respondent Fairmont Park’s motion

to dismiss and granted complainant’s motion to amend complaint.

The Board found complainant’s alleged violations of the Board’s

regulation and the Environmental Protection Act neither

duplicative nor frivolous and accepted the amended complaint for

hearing.

4-0

Citizens

L-E

PCB 08-44

People of the State of Illinois v. Prairie Material Sales, 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 08-55

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

–

In

this public water supply 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 $5,000, and to cease and desist from further violations.

4-0

PWS-E

5

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PCB 08-95

United City of Yorkville v. IEPA and Hamman Farms

–

The

Board denied respondent Hamman Farms’ motion for attorney

fees and costs.

4-0

P-A, Land

Third Party

PCB 08-96

United City of Yorkville v. Hamman Farms – The Board partially

granted and partially denied respondent’s motion to strike or dismiss

portions of complainant’s enforcement complaint. The Board found

that the amended complaint was neither duplicative nor frivolous

and accepted the complaint for hearing. The Board directed

complainant to file an amended complaint consistent with the order

in 60 days.

4-0

Citizens

A, L, W-E

PCB 08-99

Knapp Oil Company, Inc. v. IEPA

–

Having previously granted a

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

because no appeal was filed on behalf of this facility located in

Perry County.

4-0

UST Appeal

PCB 09-10

Joseph & Victoria Morrissey v. Geoff Pahios, Alpine Automotive

–

No action taken.

Citizens,

N-E

PCB 09-13

People of the State of Illinois v. Behr Iron & Steel, Inc., an

Illinois Corporation – In this air 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 $10,000, and to cease and desist from

further violations.

4-0

A-E

PCB 09-14

People of the State of Illinois v. Behr Aluminum, Inc., an Illinois

Corporation – In this air 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 $140,000, and to cease and desist from

further violations. Respondent also agreed to fund a Supplemental

Environmental Project in the amount of $100,000 to be used for

reducing diesel emission pollution in Illinois.

4-0

A-E

PCB 09-20

People of the State of Illinois v. Lewis Development, LLC

– The

Board accepted for hearing this water enforcement action

involving a site located in Peoria County.

4-0

W-E

6

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PCB 09-21

Ameren Energy Generating Company, Amerenenergy Resources

Generating Company, and Electric Energy, Inc. v. IEPA – No

action taken.

A-V

PCB 09-22

People of the State of Illinois v. William Warren

– The Board

accepted for hearing this public water supply enforcement action

involving a site located in Clinton County.

4-0

PWS

PCB 09-23

People of the State of Illinois v. James R. Cantrell – The Board

accepted for hearing this water enforcement action involving a

site located in White County.

4-0

W-E

C

ASES PENDING DECISION

O

THER ITEMS

None

ADJOURNMENT

Moved and seconded, by a vote of 4-0, Chairman Girard adjourned the meeting at 11:32 am

.

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

Board approved the above minutes on November 5, 2008, by a vote of 4-0.

John T. Therriault, Assistant Clerk

Illinois Pollution Control Board

7