1. Announcements
    2. Roll Call
    3. Approval of Minutes
    4. R08-7
      1. SDWA Update, USEPA Amendments (January 1, 2007 through June 30, 2007)
    5. R09-11
    6. R09-12
    7. R09-13
    8. R09-14
    9. R09-15
    10. R09-16
    11. R09-17
    12. R09-18
    13. R09-19
    14. In the Matter of: Petition of Citgo Petroleum Corporation and PDV Midwest Refining, L.L.C. for Adjusted Standard from Ammonia Nitrogen Discharge Levels at 35 Ill. Adm. Code 304.122 – The Board granted an adjusted standard to Citgo Petroleum Corporation (Citgo) and PDV Midwest Refining, L.L.C. (PDV) for a petroleum refinery which PDV owns and Citgo operates, located at 135th Street and New Avenue in Lemont, Will County, subject to conditions.
    15. AS 08-8
    16. AS 09-2
    17. AC 09-14
    18. AC 09-22
    19. AC 09-23
    20. AC 09-26
    21. AC 09-27
    22. AC 09-28
      1. PMA & Associates, Inc. v. IEPA – No action taken.
      2. People of the State of Illinois v. J. B. Timmermann Farms, Ltd., – No action taken.
      3. United City of Yorkville v. Hamman Farms – No action taken.
      4. People of the State of Illinois v. City of Coffeen – 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 Montgomery County facility, the Board ordered publication of the required newspaper notice.
      5. Apollo Plastics Corporation v IEPA – No action taken.
    23. PCB 09-38
      1. People of the State of Illinois v. Al-Algonguin Apartments, LLC, Algonquin Apartments, LLC, and Algonquin Management, LLC – The Board accepted for hearing this air enforcement action involving a site located in Cook County.
    24. Adjournment

 
December 18, 2008
Videoconference
CHICAGO OFFICE
100 W. Randolph Street
Chicago, IL
Room 11-512
AND
SPRINGFIELD OFFICE
1021 N. Grand Avenue East
Springfield, IL
Room 1244N, First Floor
11:00 A.M.
ANNOUNCEMENTS
Chairman Girard welcomed members of the public and staff.
ROLL CALL
The Assistant Clerk of the Board called the roll. All five Board Members answered present.
APPROVAL OF MINUTES
The minutes of the December 4, 2008 open meeting and December 11, 2008 closed deliberative
session were approved by a vote of 5-0.
ILLINOIS POLLUTION CONTROL BOARD
M
EETING MINUTES

 
2
RULEMAKINGS
R08-7
R08-13
(cons.)
SDWA Update, USEPA Amendments (January 1, 2007 through
June 30, 2007)
SDWA Update, USEPA Amendments (July 1, 2007 through
December 31, 2007) – The Board adopted a final opinion and
order in this “identical-in-substance” consolidated rulemaking
amending the Board’s drinking water regulations.
5-0
PWS
R09-11
In the Matter of: Proposed Site Specific Rule Applicable to the
City of Galva Sewage Treatment Plants Discharge to Edwards
River and Mud Run Creek, 35 Ill. Adm. Code 302.208(g) – No
action taken.
Water
R09-12
Definition of VOM Update, USEPA Amendments (July 1, 2008
through December 31, 2008) – The Board reserved this docket
for a routine update to make the Board rules “identical in
substance” to United States Environmental Protection Agency
rules adopted during the update period.
5-0
Air
R09-13
SDWA Update, USEPA Amendments (July 1, 2008 through
December 31, 2008) – The Board reserved this docket for a
routine update to make the Board rules “identical in substance” to
United States Environmental Protection Agency rules adopted
during the update period.
5-0
Air
R09-14
UIC Update, USEPA Amendments (July 1, 2008 through
December 31, 2008) – The Board reserved this docket for a
routine update to make the Board rules “identical in substance” to
United States Environmental Protection Agency rules adopted
during the update period.
5-0
Air
R09-15
RCRA Subtitle D (Municipal Solid Waste Landfill) Update,
USEPA Amendments (July 1, 2008 through December 31, 2008)
– The Board reserved this docket for a routine update to make the
Board rules “identical in substance” to United States
Environmental Protection Agency rules adopted during the
update period.
5-0
Air
R09-16
RCRA Subtitle C (Hazardous Waste) Update, USEPA
Amendments (July 1, 2008 through December 31, 2008) – The
Board reserved this docket for a routine update to make the
Board rules “identical in substance” to United States
Environmental Protection Agency rules adopted during the
update period.
5-0
Air

 
3
R09-17
UST Update, USEPA Amendments (July 1, 2008 through
December 31, 2008) – The Board reserved this docket for a
routine update to make the Board rules “identical in substance” to
United States Environmental Protection Agency rules adopted
during the update period.
5-0
Air
R09-18
Wastewater Pretreatment Update, USEPA Amendments (July 1,
2008 through December 31, 2008) – The Board reserved this
docket for a routine update to make the Board rules “identical in
substance” to United States Environmental Protection Agency
rules adopted during the update period.
5-0
Air
R09-19
In the Matter of: Air Quality Standards Clean-up: Amendments
to 35 Ill. Adm. Code Part 243 – The Board accepted for hearing
the Illinois Environmental Protection Agency’s December 1,
2008 proposal to amend the Board’s air pollution control
regulations.
5-0
Air
ADJUSTED STANDARDS
AS 08-8
In the Matter of: Petition of Citgo Petroleum Corporation and
PDV Midwest Refining, L.L.C. for Adjusted Standard from
Ammonia Nitrogen Discharge Levels at 35 Ill. Adm. Code
304.122
The Board granted an adjusted standard to Citgo
Petroleum Corporation (Citgo) and PDV Midwest Refining,
L.L.C. (PDV) for a petroleum refinery which PDV owns and
Citgo operates, located at 135th Street and New Avenue in
Lemont, Will County, subject to conditions.
5-0
Water
AS 09-2
In the Matter of: In the Matter of: Petition of Maximum
Investments, LLC for an Adjusted Standard from 35 Ill
Administrative Code 740.210(a)3 for the Stoney Creek Landfill,
Palos Hills, Il. – The Board dismissed this petition for an
adjusted standard because an attorney did not file the petition and
an attorney has not filed an appearance, contrary to the Board’s
procedural rules, and for petitioner’s failure to timely publish
notice of the filing of the petition by advertisement in a
newspaper of general circulation in the area likely to be affected,
as required by Section 28.1 of the Environmental Protection Act
(415 ILCS 5/28.1(d)(1) (2006)).
5-0
Land
ADMINISTRATIVE CITATIONS

 
4
AC 09-14
IEPA v. Reynolds Service Co. – The Board denied Reynolds
Service Co.’s reply to the motion to clarify as moot, having
denied the motion and entered a default order against respondents
on December 4, 2008.
5-0
AC 09-22
IEPA v. Bradley & Carol Corzine – The Board accepted for
hearing respondents’ petition for review of this administrative
citation involving a Union County facility.
5-0
AC 09-23
IEPA v. Allied Waste, Inc. – The Board granted complainant’s
motion for withdrawal of this administrative citation and closed
the docket.
5-0
AC 09-26
County of Vermilion, Illinois v. Bill Richardson – The Board
accepted an administrative citation against this Vermilion County
respondent.
AC 09-27
IEPA v. Steve Danielson – The Board accepted an administrative
citation against this Bureau County respondent.
AC 09-28
IEPA v. Theodore and Sally Jackson – The Board accepted an
administrative citation against these Mason County respondents.

 
5
ADJUDICATORY CASES
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 07-63
PMA & Associates, Inc. v. IEPA – No action taken.
UST Appeal
PCB 07-70
People of the State of Illinois v. J. B. Timmermann Farms, Ltd., –
No action taken.
W-E
PCB 08-17
People of the State of Illinois v. Felker Pharmacy, Inc., and Rod
Bennett Construction, Inc., v. McClellan Blakemore Architects,
Inc. and Wendler Engineering Services, Inc.
The Board found
the stipulation deficient, stating the Board lacks the authority
under the Environmental Protection Act to approve the stipulation
because the stipulation requires payment of funds to a private
party. The Board declined to accept the stipulation.
5-0
W-E
PCB 08-86
City of Quincy v. IEPA – No action taken.
P-A, Water
PCB 08-87
People of the State of Illinois v. Steve Soderberg d/b/a Steve's
Concrete and Excavating
No action taken.
W-E
PCB 08-96
United City of Yorkville v. Hamman Farms – No action taken.
Citizens
A, L, W-E
PCB 08-102
People of the State of Illinois v. City of Coffeen – 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 Montgomery County
facility, the Board ordered publication of the required newspaper
notice.
5-0
W-E
PCB 09-5
People of the State of Illinois v. Alden Bennett Construction
Company, Inc. and Bloomingdale Horizon I Limited Partnership
In this water enforcement action concerning a DuPage 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
$12,000, and to cease and desist from further violations.
5-0
W-E

 
6
PCB 09-36
Apollo Plastics Corporation v IEPA – No action taken.
P-A, Air
PCB 09-38
Ameren Energy Generating Company v. IEPA – No action taken.
P-A, Water
PCB 09-39
People of the State of Illinois v. Al-Algonguin Apartments, LLC,
Algonquin Apartments, LLC, and Algonquin Management, LLC
– The Board accepted for hearing this air enforcement action
involving a site located in Cook County.
5-0
A-E
CASES PENDING DECISION
AS 08-10
In the Matter of: RCRA Delisting Adjusted Standard Petition of Peoria
Disposal Company
Final Opinion and Order
Land
OTHER ITEMS
The Board granted the Chairman’s motion to hold a Closed Deliberative
Session meeting on Tuesday, January 6, 2009, at 10:00 am in the James
R. Thompson Center, Room 11-512, Chicago, IL.
5-0
ADJOURNMENT
Moved and seconded, by a vote of 5-0, Chairman Girard adjourned the meeting at 11:20 a.m
.
I, John T. Therriault, Assistant Clerk of the Illinois Pollution Control Board, certify that the
Board approved the above minutes on January 8, 2009, by a vote of 5-0.
John T. Therriault, Assistant Clerk
Illinois Pollution Control Board

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