January 8, 2009

CHICAGO OFFICE

100 W. Randolph Street

Chicago, IL

Room 2-025

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 18, 2008 open meeting and January 6, 2009 closed deliberative

session were approved by a vote of 5-0.

ILLINOIS POLLUTION CONTROL BOARD

M

EETING MINUTES

---

2

RULEMAKINGS

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

A

DJUSTED STANDARDS

AS 08-10

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, subject to

conditions, 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.

5-0

Land

ADMINISTRATIVE CITATIONS

AC 09-14

IEPA v. Reynolds Service Co. – No action taken.

AC 09-18

IEPA v. Troy Voss and Shirley Voss – The Board found that

these Henry County respondents violated Sections 21(p)(1),

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

(2006)), and ordered respondent to pay a civil penalty of $4,500.

5-0

AC 09-29

IEPA v. Quinn & Glenna Hunley. – The Board accepted an

administrative citation against these Mason County respondents.

AC 09-30

IEPA v. Richard and Kelly Harp – The Board accepted an

administrative citation against these Mason County respondents.

AC 09-31

IEPA v. William and Patricia Hajek – The Board accepted an

administrative citation against these DeKalb County respondents.

AC 09-32

County of Will v. Glover Family Trust, Elaine D. Glover, Glen

K. Glover

–

The Board accepted an administrative citation

against these Will County respondents.

---

3

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 07-131

People of the State of Illinois v. Vithalbhai Patel – Upon receipt

of a proposed stipulation and settlement agreement and an agreed

motion to request relief from the hearing requirement in this air

enforcement action involving a Madison County facility, the

Board ordered publication of the required newspaper notice.

5-0

A-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 09-2

People of the State of Illinois v. Centerpoint Properties Trust, a

real estate investment trust, and FCL Investors, Inc., an Illinois

corporation formerly known as FCL Builders, Inc. – In this water

enforcement action concerning a Lake 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)),

accepted a stipulation and settlement agreement, and ordered the

respondents to pay a total civil penalty of $20,000, and to cease

and desist from further violations.

5-0

W-E

PCB 09-28

Huffman's Service v. IEPA

–

The Board accepted for hearing this

underground storage tank appeal involving an Alexander County

facility.

5-0

UST Appeal

---

4

PCB 09-36

Apollo Plastics Corporation v IEPA – The Board accepted this

permit appeal involving a Cook County facility as timely filed but

deficient due to the attempted consolidation of two appeals in one

petition. The Board directed the filing of amended petitions in PCB

09-36 and the reserved docket PCB 09-44 along with a filing fee.

The amended petitions must be filed by February 9, 2009, or the

appeals will be dismissed.

5-0

P-A, Air

PCB 09-38

Ameren Energy Generating Company v. IEPA – No action taken.

P-A, Water

PCB 09-40

People of the State of Illinois v. Illinois Valley Paving Company,

Inc. – The Board accepted for hearing this water enforcement

action involving a site located in Peoria County.

5-0

W-E

PCB 09-41

Kaskaskia Farm Company - Ashley v. IEPA

–

Upon receipt of the

Illinois Environmental Protection Agency’s recommendation, the

Board found and certified that specified facilities of Kaskaskia

Farm Company located in Jefferson County are pollution control

facilities for the purpose of preferential tax treatment under the

Property Tax Code (35 ILCS 200/11-10 (2006)).

5-0

T-C, W

PCB 09-42

Mach III Farms - Beardstown v. IEPA – Upon receipt of the

Illinois Environmental Protection Agency’s recommendation, the

Board found and certified that specified facilities of Mach III

Farms located in Cass County are pollution control facilities for

the purpose of preferential tax treatment under the Property Tax

Code (35 ILCS 200/11-10 (2006)).

5-0

T-C, W

PCB 09-43

Waste Management of Illinois, Inc. and Kendall Land and Cattle,

LLC v. County Board of Kendall County – The Board accepted

for hearing this pollution control facility siting appeal involving a

Kendall County facility.

5-0

P-C-F-S-R

PCB 09-44

Apollo Plastics Corporation v IEPA – The Board accepted this

permit appeal involving a Cook County facility as timely filed but

deficient due to the attempted consolidation of two appeals in one

petition. The Board directed the filing of amended petitions in PCB

09-36 and the reserved docket PCB 09-44 along with a filing fee.

The amended petitions must be filed by February 9, 2009, or the

appeals will be dismissed.

5-0

P-A, Air

PCB 09-45

Jerrald R. West II v. Nakomis Quarry Company – No action

taken.

A-E

---

5

PCB 09-46

Prairie Rivers Network and Sierra Club v. Illinois Environmental

Protection Agency and Sugar Camp Energy, L.L.C. – The Board

accepted for hearing this third party permit appeal involving a

Franklin County facility.

PA,

NPDES-

3d P

CASES PENDING DECISION

PCB 09-21

Ameren Energy Generating Company, Amerenenergy Resources

Generating Company, and Electric Energy, Inc. v. IEPA –

Opinion and Order (due 1/29/09)

A-V

OTHER ITEMS

ADJOURNMENT

Moved and seconded, by a vote of 5-0, Chairman Girard adjourned the meeting at 11:21 a.m

.

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

Board approved the above minutes on January 22, 2009, by a vote of 5-0.

John T. Therriault, Assistant Clerk

Illinois Pollution Control Board