February 5, 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.

ROLL CALL

The Assistant Clerk of the Board called the roll. All five Board Members answered present.

APPROVAL OF MINUTES

The minutes of the January 22, 2008 open meeting and January 29, 2009 closed deliberative

session were approved by a vote of 5-0.

ILLINOIS POLLUTION CONTROL BOARD

M

EETING MINUTES

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2

RULEMAKINGS

R08-19

In the Matter of: Nitrogen Oxides Emissions From Various

Source Categories, Amendments to 35 Ill. Adm. Code Parts 211

and 217 – No action taken.

Air

R09-10

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

Control of Emissions From Large Combustion Sources (Mercury

Monitoring– The Board granted the Illinois Environmental

Protection Agency’s motion to file a single copy of documents

incorporated by reference.

5-0

Air

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) – The

Board accepted for hearing petitioner’s

October 17, 2008 proposal

to amend the Board’s water quality standards regulations. The

Board granted petitioner’s motion to waive requirement to submit

200 signatures.

The Board authorizes first-notice publication of

the proposal without comment on the proposal’s merits, but

denied the motion for expedited consideration.

5-0

Water

R09-19

In the Matter of Air Quality Standards Clean-up: Amendments to

35 Ill. Adm. Code Part 243 – No action taken.

Water

ADJUSTED STANDARDS

AS 09-2

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 granted

petitioner’s motion to reconsider the December 18, 2008

dismissal order. The Board reinstated the original petition and

accepted the amended petition filed by the petitioner’s attorneys,

but directed briefing of an authority issue under a schedule to be

set by the hearing officer.

5-0

Land

ADMINISTRATIVE CITATIONS

AC 09-2

IEPA v. Theodore & Elizabeth Hollenbeak and Hollenbeak

Concrete, Inc. – No action taken.

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3

AC 09-14

IEPA v. Reynolds Service Co. – The Board denied respondent’s

motion to reconsider and vacate the Board’s December 4, 2008

and December 18, 2008 orders.

5-0

AC 09-29

IEPA v. Richard and Kelly Harp – The Board found that these

Mason County respondents violated Sections 21(p)(1) and (p)(7)

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

respondent to pay a civil penalty of $3,000.

5-0

AC 09-30

IEPA v. William Collander and Lynn Harris – The Board found

that these Mason County respondents violated Section 21(p)(1)

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

to pay a civil penalty of $1,500.

5-0

AC 09-31

IEPA v. William and Patricia Hajek – The Board granted

complainant’s motion for withdrawal of this administrative

citation and closed the docket.

5-0

AC 09-33

IEPA v. David Swearingen – The Board accepted for hearing

respondent’s petition for review of this administrative citation

involving a Coles County facility.

A

DJUDICATORY 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 08-51

People of the State of Illinois v. Highland Baking Company –

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 Cook

County facility, the Board ordered publication of the required

newspaper notice.

A-E

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4

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 09-36

Apollo Plastics Corporation v IEPA – The Board accepted for

hearing

petitioner’s amended petition in this permit appeal

involving a Cook County facility.

5-0

P-A, Air

PCB 09-38

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

P-A, Water

PCB 09-43

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

LLC v. County Board of Kendall County – No action taken.

P-C-F-S-R

PCB 09-44

Apollo Plastics Corporation v IEPA The Board accepted for

hearing

petitioner’s amended petition in this permit appeal

involving a Cook County facility.

5-0

P-A, Air

PCB 09-45

Jerrald R. West II v. Nakomis Quarry Company – The Board

ordered complainant to file proof of service of the complaint on

Nokomis Quarry or its authorized agent, on or before March 9,

2009, or the complaint would be subject to dismissal.

5-0

A-E

PCB 09-46

Prairie Rivers Network and Sierra Club v. Illinois Environmental

Protection Agency and Sugar Camp Energy, L.L.C.

–

The Board

granted Brian A. Glasser leave to appear

pro hac vice

on behalf of

Sugar Camp L.L.C.

5-0

PA,

NPDES-

3d P

PCB 09-48

Dynegy Midwest Generation v. IEPA

–

The Board ordered

petitioner to file an amended petition to cure noted deficiencies,

on or before March 9, 2009, or the petition would be subject to

dismissal.

5-0

A-V

PCB 09-49

Bugaieski Oil Company v. IEPA – The Board accepted for

hearing this underground storage tank appeal involving a Franklin

County facility.

5-0

UST Appeal

PCB 09-50

Schrof Service Center v. IEPA – The Board accepted for hearing

this underground storage tank appeal involving a Livingston

County facility.

5-0

UST Appeal

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5

PCB 09-51

Hilltop View LLC – Rushville v. IEPA

–

Upon receipt of the

Illinois Environmental Protection Agency’s recommendation, the

Board found and certified that specified facilities of Hilltop View

LLC located in Schuyler 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 09-52

Cedarcrest, LLC – Table Grove v. IEPA

–

Upon receipt of the

Illinois Environmental Protection Agency’s recommendation, the

Board found and certified that specified facilities of Cedarcrest,

LLC located in Fulton 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 09-53

Eagle Point Farms, LLC – Table Grove v. IEPA

–

Upon receipt

of the Illinois Environmental Protection Agency’s

recommendation, the Board found and certified that specified

facilities of Eagle Point Farms, LLC located in Fulton 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 09-54

People of the State of Illinois v. Bill Woods, d/b/a American

Asphalt Seal Coating

–

The Board accepted for hearing this water

enforcement action involving a site located in St. Clair County.

5-0

W-E

PCB 09-55

Mussmans Back Acres, Inc. - Grant Park v. IEPA

–

Upon receipt

of the Illinois Environmental Protection Agency’s

recommendation, the Board found and certified that specified

facilities of Mussmans Back Acres, Inc. located in Kankakee

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

C

ASES PENDING DECISION

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6

OTHER ITEMS

The Board granted the Chairman’s Motion under Section 2-06(c) of

the Open Meeting Act (5 ILCS 120/2.06(c)) to continue to preserve

only written minutes of closed Board deliberative sessions

occurring on or before June 30, 2007, and to approve destruction of

verbatim tape recordings of meetings held: January 18; February 8

and February 22; March 8, and March 22; April 16 and April 26;

May 10 and May 31; and June 14 and June 28, 2007.

5-0

The Board granted the Chairman’s Motion under Section 2.06(d) of

the Open Meetings Act (5 ILCS 120/2.06(d)) to continue to keep

confidential minutes of closed Board meetings occurring between

July 1, 2008 through December 31, 2008.

5-0

ADJOURNMENT

Moved and seconded, by a vote of 5-0, Chairman Girard adjourned the meeting at 11:25 a.m

.

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

Board approved the above minutes on February 19, 2009, by a vote of 5-0.

John T. Therriault, Assistant Clerk

Illinois Pollution Control Board