1. 11:00 a.m.
    2. Announcements
    3. Roll Call
    4. Approval of Minutes
    5. R08-19
    6. R09-13
    7. R09-14
    8. R09-15
    9. R09-17
    10. R09-18
    11. R09-19
    12. AC 08-28
    13. AC 09-2
    14. AC 09-24
    15. AC 09-34
      1. People of the State of Illinois v. Quad-County Ready Mix Corporation – Upon receipt of a proposed stipulation and settlement agreement and an agreed motion to request relief from the hearing requirement in this air and land enforcement action involving a St.Clair County facility, the Board ordered publication of the required newspaper notice.
      2. PMA & Associates, Inc. v. IEPA – No action taken.
      3. People of the State of Illinois v. J. B. Timmermann Farms, Ltd., – The Board granted complainant’s motion to strike affirmative defenses.
      4. United City of Yorkville v. Hamman Farms – No action taken.
      5. People of the State of Illinois v. Kaplan Development and Investment Company – In this water enforcement action concerning a St. Clair 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 $5,000, and to cease and desist from further violations.
    16. PCB 09-38
      1. Waste Management of Illinois, Inc. and Kendall Land and Cattle, LLC v. County Board of Kendall County – No action taken.
      2. Jerrald R. West II v. Nakomis Quarry Company – No action taken.
      3. Bailey Enterprises, Inc. v. IEPA – The Board accepted for hearing this underground storage tank appeal involving an Edwards County facility.
      4. Marathon Petroleum Company, LLC, Crude Unit Off-Gas Handling System – Upon receipt of the Illinois Environmental Protection Agency’s recommendation, the Board found and certified that specified facilities of Marathon Petroleum Company, LLC located in Crawford County are pollution control facilities for the purpose of preferential tax treatment under the Property Tax Code (35 ILCS 200/11-10 (2006)).
    17. Adjournment
 
February 19, 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 February 5, 2009 open meeting were approved by a vote of 5-0.
ILLINOIS POLLUTION CONTROL BOARD
M
EETING MINUTES
 
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
5-0
Air
– The Board granted the Illinois Environmental
Protection Agency’s motions to correct transcripts and to amend
its rulemaking proposal.
R09-13
SDWA Update, USEPA Amendments (July 1, 2008 through
December 31, 2008)
5-0
PWS
– The Board dismissed this reserved
identical-in-substance docket because the United States
Environmental Protection Agency did not amend its drinking
water regulations during the update period of July 1, 2008
through December 31, 2008.
R09-14
UIC Update, USEPA Amendments (July 1, 2008 through
December 31, 2008)
– The Board dismissed this reserved
identical-in-substance docket because the United States
Environmental Protection Agency did not amend its underground
injection control regulations during the update period of July 1,
2008 through December 31, 2008.
5-0
Land
R09-15
RCRA Subtitle D (Municipal Solid Waste Landfill) Update,
USEPA Amendments (July 1, 2008 through December 31, 2008)
– The Board dismissed this reserved identical-in-substance
docket because the United States Environmental Protection
Agency did not amend its municipal solid waste landfill
regulations during the update period of July 1, 2008 through
December 31, 2008.
5-0
Land
R09-17
UST Update, USEPA Amendments (July 1, 2008 through
December 31, 2008)
– The Board dismissed this reserved
identical-in-substance docket because the United States
Environmental Protection Agency did not amend its underground
storage tank regulations during the update period of July 1, 2008
through December 31, 2008.
5-0
Land
R09-18
Wastewater Pretreatment Update, USEPA Amendments (July 1,
2008 through December 31, 2008)
– The Board dismissed this
reserved identical-in-substance docket because the United States
Environmental Protection Agency did not amend its exemptions
from the definition of volatile organic emission regulations
during the update period of July 1, 2008 through December 31,
2008.
5-0
Water
 
3
R09-19
In the Matter of Air Quality Standards Clean-up: Amendments to
35 Ill. Adm. Code Part 243
5-0
Air
– The Board granted the Illinois
Environmental Protection Agency’s motion to amend its
December 1, 2008 proposal.
ADJUSTED STANDARDS
ADMINISTRATIVE CITATIONS
AC 08-28
IEPA v. Joseph Cosentino and Rob Pinski
– The Board entered
an interim opinion and order finding respondent 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 assessed a penalty of
$4,500. The Board ordered the Clerk of the Board and the
Illinois Environmental Protection Agency to file within 14 days a
statement of hearing costs, supported by affidavit, with service on
respondent. Respondent may respond to the cost statement
within 21 days of service.
5-0
AC 09-2
IEPA v. Theodore & Elizabeth Hollenbeak and Hollenbeak
Concrete, Inc.
– The Board granted respondents’ motion to
dismiss their petition for review. The Board found that these
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 assessed a
penalty of $4,500 in this administrative citation involving a
Brown County facility.
5-0
AC 09-24
IEPA v. Quinn & Glenna Hunley
– The Board accepted for
hearing respondents’ amended petition for review in this
administrative citation involving a Edwards County facility.
5-0
AC 09-34
IEPA v. Jack Campbell –
The Board accepted an administrative
citation against this White County respondent.
A
DJUDICATORY CASES
PCB 96-76
People of the State of Illinois v. Chemetco, Inc
– Upon receipt of
a proposed stipulation and settlement agreement and an agreed
motion to request relief from the hearing requirement in this land
enforcement action involving a Madison County facility, the
Board ordered publication of the required newspaper notice.
5-0
L-E
 
4
PCB 06-181
People of the State of Illinois v. Quad-County Ready Mix
Corporation – Upon receipt of a proposed stipulation and
settlement agreement and an agreed motion to request relief from
the hearing requirement in this air and land enforcement action
involving a St.Clair County facility, the Board ordered
publication of the required newspaper notice.
5-0
A,L-E
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., –
The Board granted complainant’s motion to strike affirmative
defenses.
5-0
W-E
PCB 07-144
People of the State of Illinois by Lisa Madigan, Attorney General
of the State of Illinois v. Mick Morfey – 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 Carroll County facility, the Board
ordered publication of the required newspaper notice.
5-0
A-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. – No action taken.
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
 
5
PCB 09-29
People of the State of Illinois v. Kaplan Development and
Investment Company – In this water enforcement action
concerning a St. Clair 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 $5,000, and to cease
and desist from further violations.
5-0
W-E
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 09-45
Jerrald R. West II v. Nakomis Quarry Company – No action
taken.
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 Jonathan D. Boggs leave to appear
pro hac vice
on behalf
of Sugar Camp L.L.C.
5-0
PA,
NPDES-
3d P
PCB 09-56
People of the State of Illinois v. Brent Speckhart, d/b/a Brent
Speckhart Swine Farm
–
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 an Adams County facility, the Board ordered
publication of the required newspaper notice.
5-0
W-E
PCB 09-57
Bailey Enterprises, Inc. v. IEPA – The Board accepted for hearing
this underground storage tank appeal involving an Edwards
County facility.
5-0
UST Appeal
PCB 09-58
Marathon Petroleum Company, LLC, Crude Unit Off-Gas
Handling System – Upon receipt of the Illinois Environmental
Protection Agency’s recommendation, the Board found and
certified that specified facilities of Marathon Petroleum
Company, LLC located in Crawford 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, A
 
6
PCB 09-59
Marathon Petroleum Company, LLC Ultra-low NOx Burners for
HF Alky Isostripper Reboiler Heater (Property ID No. 51-34-021-
001) v. IEPA
–
Upon receipt of the Illinois Environmental
Protection Agency’s recommendation, the Board found and
certified that specified facilities of Marathon Petroleum
Company, LLC located in Crawford 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, A
C
ASES PENDING DECISION
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 March 5, 2009, by a vote of.
John T. Therriault, Assistant Clerk
Illinois Pollution Control Board

Back to top