November 19, 2009
Chicago Office
100 W. Randolph Street
Chicago, IL
Room 9-040
11:00 a.m.
ANNOUNCEMENTS
Chairman Girard welcomed members of the public and staff. Chairman Girard welcomed
Member Carrie Zalewski to the Board. The Chairman also stated that Board Member Zalewski
is a graduate of Chicago-Kent College of Law and she has a B.S. in Engineering from the
University of Illinois. Board Member Zalewski joins the Board from her previous position as an
environmental compliance attorney with the Illinois Department of Transportation.
ROLL CALL
The Assistant Clerk of the Board called the roll. All five Board Members answered present.
APPROVAL OF MINUTES
The minutes of the November 5, 2009 open meeting and November 12, 2009 closed deliberative
session were approved by a vote of 4-0. Member Zalewski abstained.
ILLINOIS POLLUTION CONTROL BOARD
M
EETING MINUTES
2
RULEMAKINGS
R 06-22
In the Matter of: NOx Trading Program: Amendments to 35 Ill.
Adm. Code Part 217 – No action taken.
Air
ADJUSTED STANDARDS
NONE
ADMINISTRATIVE CITATIONS
AC 10-3
IEPA v. Les Curtis – The Board accepted respondent’s amended
petition for hearing.
4-0
Member
Zalewski
abstained
AC 10-4
County of Ogle v. Kathy Knutson, Steve Knutson, and Dan
Bocker – The Board found that Bocker defaulted by failing to
timely to file a petition for review and denied Kathy Knutson
and Steve Knutson (the Knutsons) motion to dismiss. The Board
accepted for hearing the Knutsons’ petition for review. The
Board will reserve issuing a final order regarding Bocker until
the Board makes its final decision regarding the Knutsons.
4-0
Member
Zalewski
abstained
AC 10-5
County of Jackson v. Gary Clover – The Board directed
respondent to file an amended petition for review on or before
December 21, 2009, or this action will be subject to dismissal.
4-0
Member
Zalewski
abstained
AC 10-6
IEPA v. Larry M. Ison (IEPA No. 282-09-AC) – The Board
accepted an administrative citation against this Jefferson County
respondent.
AC 10-7
IEPA v. Larry M. Ison (IEPA No. 281-09-AC) – The Board
accepted an administrative citation against this Jefferson County
respondent.
AC 10-8
IEPA v. Info Corner Materials, Inc. – The Board accepted an
administrative citation against this Sangamon County
respondent.
3
A
DJUDICATORY CASES
PCB 07-44
Indian Creek Development Company and the Chicago Title and
Trust Company v. The Burlington Northern Santa Fe Railway
Company – No action taken.
L, W-E,
Citizens
PCB 07-63
PMA & Associates, Inc. v. IEPA – No action taken.
UST Appeal
PCB 07-113
Rochelle Waste Disposal, L.L.C. v. The City of Rochelle, an
Illinois Municipal Corporation and The Rochelle City Council –
The Board consistent with Appellate Court order modified its
order of January 24, 2008.
4-0
Member Zalewski
abstained
P-C-F-S-R
PCB 07-146
Fox Moraine, LLC v. United City of Yorkville, City Council:
Kendall County, Intervenor – No action taken.
P-C-F-S-R
PCB 08-7
People of the State of Illinois, ex rel. Lisa Madigan, Attorney
General of the State of Illinois v. Union Pacific Railroad
Company – No action taken.
W-E
PCB 08-86
City of Quincy v. IEPA – No action taken.
P-A, Water
PCB 08-96
United City of Yorkville v. Hamman Farms
–
No action taken.
A,L,W-E
PCB 09-31
People of the State of IL v. James Buysee, d/b/a J & B
Landscaping
–
Upon receipt of a proposed stipulation and
settlement agreement and an agreed motion to request relief from
the hearing requirement in this water enforcement action
involving a Rock Island County facility, the Board ordered
publication of the required newspaper notice.
4-0
Member Zalewski
abstained
W-E
PCB 09-66
Elmhurst Memorial Healthcare and Elmhurst Memorial Hospital
v. Chevron U.S.A., Inc. – No action taken.
Citizens, L-E
PCB 09-102
Peter Arendovich v. the Illinois State Toll Highway Authority
–
No action taken.
Citizens, N-E
PCB 09-104
People of the State of Illinois v. Village of Rockton – Upon
receipt of an amended proposed stipulation and settlement
agreement and an agreed motion 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
Member Zalewski
abstained
W-E
4
PCB 10-9
People of the State of Illinois v. Waste Hauling Landfill, Inc.,
Jerry Camfield, A. E. Staley Manufacturing Co., Archer Daniels
Midland, Inc., Aramark Uniform Services, Inc., Bell Sports, Inc.,
Borden Chemical Co., Bridgestone/Firestone, Inc., Climate
Control, Inc., Caterpillar, Inc., Combe Laboratories, Inc., General
Electric Railcar Services Corporation, P & H Manufacturing, Inc.,
Trinity Rail Group, Inc., Tripple S Refining Corporation and
Zexel Illinois, Inc – No action taken.
L-E
PCB 10-12
People of the State of Illinois v. Hicks Oils & Hicksgas, Inc., –
No action taken.
W-E
PCB 10-13
Jon Chualovsky v. Commonwealth Edison – No action taken.
Citizens, N-E
PCB 10-23
United States Steel Corporation, a Delaware corporation v. IEPA
– The Board granted petitioners’ motion for a stay of the permit.
No action was taken on petitioners’ motions to intervene and to
appear
pro hac vice
.
4-0
Member Zalewski
abstained
P-A, Air
PCB 10-30
ExxonMobil Oil Corporation v. IEPA – The Board accepted for
hearing this permit appeal involving a Will County facility. No
action was taken on petitioner’s motion to stay the effectiveness
of the contested permit condition.
4-0
Member Zalewski
abstained
P-A, Water
PCB 10-31
Veolia ES Valley View Landfill, Inc. v. County Board of Macon
County, Illinois – The Board accepted for hearing this pollution
control facility siting appeal involving a Macon County facility.
4-0
Member Zalewski
abstained
P-C-F-S-R
PCB 10-32
Highland Baking Company v. IEPA – The Board accepted for
hearing this permit appeal involving a Cook County facility. No
action was taken on motion for a partial stay of the construction
permit.
4-0
Member Zalewski
abstained
P-A, Air
PCB 10-33
Cancer Treatment Centers of America, Inc. v. IEPA – The Board
accepted for hearing this underground storage tank appeal
involving a Lake County facility.
4-0
Member Zalewski
abstained
UST Appeal
PCB 10-34
Jones Service Station v. IEPA – The Board accepted for hearing
this underground storage tank appeal involving an Alexander
County facility.
4-0
Member Zalewski
abstained
UST Appeal
5
CASES PENDING DECISION
R09-16/
R10-4
(cons.)
RCRA Subtitle C (Hazardous Waste) Update, USEPA Amendments
(July 1, 2008 through December 31, 2008)
RCRA Subtitle C (Hazardous Waste) Update, USEPA Amendments
(January 1, 2009 through June 30, 2009)
•
Proposed Rule, Proposal for Public Comment, Opinion & Order
Land
OTHER ITEMS
ADJOURNMENT
Moved and seconded, by a vote of 5-0, Chairman Girard adjourned the meeting at 11:18 a.m.
I, John T. Therriault, Assistant Clerk of the Illinois Pollution Control Board, certify that the
Board approved the above minutes on December 3, 2009, by a vote of 5-0.
John T. Therriault, Assistant Clerk
Illinois Pollution Control Board