Environmental Register – September 2011
PCB 08-89 People of the State of Illinois v. Gelco Management & Developers LLC, – In
this air enforcement action concerning a Franklin 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) (2010)), accepted a
stipulation and settlement agreement, and ordered the respondent to pay a total
civil penalty of $45,000.00, and to cease and desist from further violations.
PCB 10-70 Wheeling/GWA Auto Shop v. IEPA – In a July 7, 2011 interim opinion and
order, the Board granted petitioner’s motion for summary judgment and
denied that of the Illinois Environmental Protection Agency’s (IEPA). The
Board reversed the IEPA’s February 2, 2010 reduction of $78,915.86 in
petitioner’s corrective action plan budget and remanded the matter to the IEPA
to consider the merits of that portion of petitioner’s budget. In its September
22, 2011 final order, the Board directed the IEPA to reimburse petitioner from
the UST Fund for legal fees and costs in the amount of $17,030.46.
PCB 12-24 Chronister Oil Co. v. IEPA – The Board granted petitioner’s motion for
voluntary dismissal of this underground storage tank appeal.
PCB 12-47 JMTR, LLC-Erie v. IEPA – Upon receipt of the Illinois Environmental
Protection Agency’s recommendation, the Board found and certified that
specified facilities of JMTR, LLC-Erie located in Whiteside County are
pollution control facilities for the purpose of preferential tax treatment under
the Property Tax Code (35 ILCS 200/11-10 (2010)).
PCB 12-48 People of the State of Illinois v. Phoenix Corporation of the Quad Cities –
The Board accepted for hearing this water enforcement action involving a site
located in Carroll County.
PCB 12-49 United States Steel Corporation v. IEPA –The Board accepted this petition
for variance, pursuant to Section 38(b) of the Act (415 ILCS 5/38(b) (2010)).
The Board also confirmed that U.S. Steel’s filing of the variance petition
within 20 days of the effective date of the R11-24 Nox rules stayed operation
of the January 1, 2015 deadline for compliance of the contested conditions.
September 8, 2011 Board Meeting
12-27 People of the State of Illinois v. Industrial Enclosure Corporation – The Board accepted for hearing this land
enforcement action involving a site located in Kane County.
12-28 People of the State of Illinois v. Strout Crossing, LLC, Jerry Webster, and Mark Webster – Upon receipt of a
complaint accompanied by a proposed stipulation and settlement agreement and an agreed motion to request relief
from the hearing requirement in this water enforcement action involving a Pike County facility, the Board ordered
publication of the required newspaper notice.
12-29 Gary Cooper v. IEPA – The Board accepted for hearing this underground storage tank appeal involving a
Champaign County facility.
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