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G. Tanner Girard, Acting Chairman

Thomas E. Johnson, Andrea S. Moore, Shundar Lin, and Gary Blankenship

Illinois Pollution Control Board

James R. Thompson Center

100 W. Randolph, Suite 11-500

Chicago, Illinois 60601

(312) 814-6032 TDD

Illinois Pollution Control Board

1021 North Grand Avenue East

Springfield, Illinois 62794-9274

Web Site: http://www.ipcb.state.il.us

Letter from the Chairman

On February 23, 2009, the Pollution Control Board hosted the Gansu

Delegation for Energy Conservation from Gansu Province, People’s

Republic of China. The Gansu Delegation is a group of government

officials and engineers who are involved in energy and pollution

programs in their province. The purpose of their trip was to learn

more about how the U. S. government and other organizations deal

with energy and pollution issues. The visit was coordinated by the

Century Institute in Chicago, which is a non-profit organization

that promotes exchange programs between China and U. S. in the

areas of culture, business, environment and education.

Board Member Lin, Attorney Assistant Marie Tipsord, and I hosted

the group for a seminar at our offices in Springfield. We spent several

hours describing the responsibilities, goals, and organization of the Board, including specific

examples of our regulatory and adjudicatory actions. The Gansu Delegation asked numerous

questions; and was particularly interested in the interactions among the various Illinois agencies

with environmental responsibilities, as well as our relationship to federal authorities. We were

greatly honored to have such wonderful guests.

In February, the Board also held hearings in three ongoing rulemakings. In R08-19 (In the

Matter of Nitrogen Oxides Emissions from Various Source Categories, Amendments to 35 Ill.

Adm. Code Parts 211 and 217), the Board held a third hearing on February 3, 2009, in

Edwardsville. In R09-10 (In the Matter of Amendments to 35 Ill. Adm. Code 225: Control of

Emissions from Large Combustion Sources (Mercury Monitoring)), the Board held a second

hearing on February 10, 2009. The Board will accept public comments in these two rulemaking

and consider proceeding to second notice.

In R08-9 (Water Quality Standards and Effluent Limitations for the Chicago Area Waterway

System and the Lower Des Plaines River: Proposed Amendments to 35 Ill. Adm. Code 301, 302,

303, and 304), the Board held the twenty fourth day of hearing on February 17, 2009, in

Chicago. The Board continued the February 17, 2009 hearing in R08-9 on the record to a

hearing date in March and has scheduled more hearings in April and May. Scheduled hearings

can be found on the calendar on our website at www.ipcb.state.il.us.

Dr. G. Tanner Girard

Environmental Register – February 2009

Inside This Issue:

APPELLATE UPDATE

ULEMAKING UPDATE

Appellate Update

Fifth District Affirms Board Grant of Summary Judgment and Resolution of Penalty Issues Without Hearing

in People of the State of Illinois v. Illinois Pollution Control Board and CSX Transportation, Inc.

, No. 5-07-

0504 (Feb. 26, 2009) (affirming Board’s orders in PCB 07-16 (Jul. 12 & Aug. 9, 2007)

In a February 26, 2009 6-page unpublished order, the Fifth District Appellate Court upheld the Board’s decision in

People of the State of Illinois v. Illinois Pollution Control Board and CSX Transportation, Inc.

, No. 5-07-0504

(Feb. 26, 2009)

(Fifth Dist.). In an enforcement action involving cross-motions for summary judgment, the

Board resolves penalty issues without a hearing as requested by complainant, the successful movant for summary

judgment in its favor. People of the State of Illinois v. CSX Transportation. Inc.

, PCB 07-16 (Jul. 12, 2007;

reconsid. den. Aug. 9, 2007)) (CSX

, PCB 06-76). The court’s ruling was a non-precedential order, issued under

Illinois Supreme Court Rule 23 (166 Ill.2d R.23). The orders of the Board and court are summarized below.

The Board’s Orders (CSX, PCB 06-76)

In the September 12, 2006 complaint before the Board, the People of the State of Illinois (People) alleged that CSX

Transportation, Inc. (CSX) violated the Environmental Protection Act (Act) (415 ILCS 5/1

(2006)). In 2004,

CSX spilled 400 to 500 gallons of diesel fuel onto the ground at its Rose Lake railroad yard in St. Clair County.

The People alleged that in so doing CSX violated water pollution and open dumping provisions of the Act, and

failed to thoroughly and timely remediate the site.

Beginning in the spring of 2007, CSX filed a motion for summary judgment and the People filed a cross-motion for

summary judgment. The People’s motion sought summary judgment on the alleged violations. However, the

People’s motion asserted that genuine issues of material fact existed on questions of civil penalty, and therefore

requested a penalty hearing. CSX’s response to the People’s motion urged the Board to deny the People’s request

for a penalty hearing because CSX did not violate the Act and, even if the Board found that CSX did violate the

Act, a civil penalty was not appropriate based on the record.

The Board issued a 20-page opinion and order in response to the motions. The Board granted summary judgment in

favor of the People, finding that CSX violated the water pollution, water pollution hazard, and open dumping

prohibitions of Sections 12(a), (d) and 21(a) of the Act (415 ILCS 5/12(a), (d), and 21(a) (2006)). People of the

State of Illinois v. CSX Transportation. Inc., PCB 07-16 (Jul. 12, 2007) (CSX, PCB 06-76). Declining to grant the

People’s request for a hearing on penalty issues, the Board considered the uncontested facts in light of the factors

spelled out in Sections 33(c) and 42 (h) of the Act (415 ILCS 5/33(c) and 42(h) (2006)). The Board concluded that:

Based on CSX’s prompt action after an accidental spill to cleanup the site of the spill, the Board finds that

no civil penalty is necessary to deter future violations of the Act. The Board further finds that no economic

benefit occurred to CSX because of the failure to remediate the exceedances found at the sampling site S4

especially as the release has been remediated. The Board finds that no civil penalty is warranted in this

case; however the Board will order CSX to cease and desist from further violations. CSX

, PCB 06-76, slip

op. at 19 (Jul. 19, 2007).

On August 9, 2007, the Board denied the People’s motion for reconsideration. The People had argued that the issue

of the amount of a penalty was not part of either motion for summary judgment and was accordingly not properly

before the Board; CSX filed a response in opposition. CSX

, PCB 06-76 (Aug. 9, 2007).

The Fifth District’s Order

CSX (Fifth Dist.))

The People appealed the Board’s orders to the Fifth District Appellate Court. The Fifth District Order begins by

summarizing the above proceedings. CSX

(Fifth Dist.) Order at 1-3.

Environmental Register – February 2009

The Fifth District then commented on the People’s difficulties in stating the issue on appeal, agreeing with CSX that

the People sought to “‘shoehorn several distinct issues with various legal standards’” (CSX

(Fifth Dist.) Order at 4,

quoting CSX brief) into their statement of the issue:

whether the Board abused its discretion in failing to hold a hearing on the penalty issue and whether the

Board’s failure to impose a penalty was arbitrary and capricious” (

The court observed that the People stated to the court that they did not wish the court to impose a civil penalty but

rather to remand for a penalty hearing, leading the court to conclude that the People must be asserting on appeal that

there exist genuine issues of material fact regarding civil penalty, making it inappropriate for the Board to have

disposed of the matter by summary judgment. CSX

(Fifth Dist.), Order at 4. Having so framed the issue, the court

standard of review to the Board’s ruling.

at 5, citing Forsythe v. Clark USA, Inc.

274, 280 (2007).

The court then recited the standard of decision for summary judgment: that it is proper to award summary judgment

only where the pleadings, affidavits, depositions, admissions, and exhibits on file, viewed in the light most

favorable to the non-movant, reveal that there is no genuine issue of material fact and that the movant is entitled to

judgment as a matter of law. CSX

(Fifth Dist.), Order at 5. The People argued that there were disputed issues of

material fact concerning CSX’s diligence and cooperation in cleaning up the site. According to the People, CSX

denied the People’s allegations that CSX failed to respond to several Illinois Environmental Protection Agency

(IEPA) letters and notices, and CSX and the People also disagreed about whether CSX provided cleanup

information to the IEPA in a timely manner.

The court noted, however, that the People identified no other

disputed facts or any additional facts that the People would introduce at a penalty hearing.

Finding that “the penalty issue was presented to the Board in CSX’s motion for a summary judgment despite the

State’s request for a hearing on the issue,” the court held that the Board properly considered whether summary

judgment was appropriate on whether to impose a civil penalty. CSX

(Fifth Dist.), Order at 5-6. The court then

determined that the Board correctly found no genuine issue of material fact concerning penalty. According to the

court, the Board had before it “a complete record” of all the facts, including the parties’ correspondence and the

timeliness of CSX’s responses to the Agency.

The Fifth District observed in conclusion:

Whether CSX acted diligently and cooperated with the Agency are not ‘questions of material fact’ but

conclusions to be drawn by the Board from the undisputed facts Given the State’s inability to point to any

genuine issues of material fact on the question of the imposition of a civil penalty sufficient to preclude a

summary judgment on that issue,” the court affirmed the Board. CSX

(Fifth Dist.), Order at 6.

Rulemaking Update

Board Accepts for Hearing and Adopts Non-Substantive First Notice Order in In the Matter of: City of

Galva Site Specific Water Quality Standard for Boron Discharges to Edwards River and Mud Creed: 35 Ill.

Adm. Code 303.447 and 303.448 (R09-11)

On February 5, 2009, the Board accepted for hearing this proposed site-specific rulemaking and authorized the first-

notice publication of the proposal without comment on the proposal’s merits. On October 17, 2008, the City of

Galva (Galva) filed a proposal seeking to establish a 3.0 milligram per liter (mg/L) alternative boron standard to the

generally applicable 1.0 mg/L boron water quality standard in 35 Ill. Adm. Code 302.208(g). The alternative

standard for boron would apply to certain segments of an unnamed tributary to the South Branch of the Edwards

River, the South Branch of the Edwards River, and the Mud Creek Run. These segments receive discharges from

the two Sewage Treatment Plants operated by Galva.

Hearing on the merits and the economic impact of the proposal will be held March 31, 2009 at 11:00 a.m. in the

Council Chambers of the Galva City Administration Building, 210 Front Street, Galva. Procedural information

about the hearing, including deadlines for the pre-filing of testimony, is contained in a February 19, 2009 hearing

Copies of the Board’s and hearing officer’s orders may be obtained by calling the Clerk’s office at 312-814-3620,

or by downloading copies from the Board’s Website at www.ipcb.state.il.us.

For additional information contact Marie Tipsord at 312-814-4925; e-mail address tipsorm@ipcb.state.il.us

Board Accepts IEPA Amendment to Proposal in In the Matter of: Nitrogen Oxides Emissions From Various

Source Categories: Amendments to 35 Ill. Adm. Code Parts 211 and 217 (R08-19)

The Board, on February 19, 2009, granted the Illinois Environmental Protection Agency’s (IEPA) unopposed

motion to amend proposed rulemaking docketed as In the Matter of: Nitrogen Oxides Emissions From Various

Environmental Register – February 2009

Source Categories: Amendments to 35 Ill. Adm. Code Parts 211 and 217

(R08-19). On May 9, 2008, the IEPA

filed with the Board this rulemaking proposal which proposes amending Parts 211 and 217 of the Board’s air

pollution regulations (35 Ill. Adm. Code 211, 217) to control nitrogen oxides (NOx) emissions from various source

categories, including emission units within these categories such as industrial boilers, process heaters, glass melting

furnaces, cement kilns, lime kilns, furnaces used in steelmaking and aluminum melting, and fossil fuel-fired

stationary boilers.

The IEPA filed on January 30, 2009 a motion to make 20 amendments to its original proposal. The IEPA stated that

it has negotiated with participants on a number of issues that arose during the proceedings. The IEPA proposed

extending compliance deadlines, allowing for nonapplicability of emission limits during startup and idling of glass

melting furnaces, extending the deadline for installing and operating continuous emission monitoring systems, and

revising the emission limitation for electrical generating units firing solid fuel. The Board accepted the proposal for

hearing on June 5, 2008. The Board held hearings on October 14, 2008, December 9 and 10, 2008 and on February

3, 2009. In its February 19 2009 order, the Board also granted the IEPA’s January 20, 2009 motion to correct the

transcripts of the hearing held on December 9 and 10, 2008. Under a February 19, 2009 hearing officer order,

March 23, 2009 is the deadline for submission of post-hearing comments for consideration by the Board in

developing any first notice rule order based on the IEPA proposal.

Copies of the Board’s and hearing officer’s orders may be obtained by calling the Clerk’s office at 312-814-3620,

or by downloading copies from the Board’s Website at www.ipcb.state.il.us.

For additional information contact Tim Fox at 312-814- 6085; e-mail address foxt@ipcb.state.il.us.

Board Accepts IEPA Amendment to Proposal in In the Matter of: Air Quality Standards Clean-Up:

Amendments to 35 Ill. Adm. Code Part 243 (R09-19)

On February 19, 2009, the Board granted the Illinois Environmental Protection Agency’s (IEPA) unopposed motion

to amend the rulemaking proposal docketed as In the Matter of: Air Quality Standards Clean-Up: Amendments to

35 Ill. Adm. Code Part 243 (R09-19). On January 20, 2009, the IEPA filed a motion to amend this rulemaking

proposal which was originally filed on December 1, 2008.

The IEPA stated that the proposed amendment was needed to include in Part 243 a new National Ambient Air

Quality Standard (NAAQS) for lead recently adopted by the United States Environmental Protection Agency

(USEPA). Specifically, the amendment adds language replacing the existing air quality standard for lead with the

new NAAQs of “0.15 micrograms per cubic meter, as determined as a maximum rolling three month average

evaluated over a three year period.” The amendment also adds language providing that measurements by the atomic

absorption spectrometry or equivalent method described in the Code of Federal Regulations (CFR) must be used to

determine compliance with the new standard. Finally, the amendment includes material incorporated by reference a

citation to the CFR codifying the new standard.

The Board will hold the rescheduled first hearing on the IEPA’s amended proposal on March 10, 2009 at 9:00 a.m.

in Room 11-512 of the James R. Thompson Center, 100. W. Randolph, Chicago. Procedural information about the

hearing, including deadlines for the pre-filing of testimony, is contained in a January 30, 2009 hearing officer order.

Copies of the Board’s and hearing officer’s orders may be obtained by calling the Clerk’s office at 312-814-3620,

or by downloading copies from the Board’s Website at www.ipcb.state.il.us.

For additional information contact Tim Fox at 312-814- 6085; e-mail address foxt@ipcb.state.il.us

Board Dismisses Five Identical in Substance Rulemaking Dockets As Unnecessary For Update Period July 1,

2008 through December 31, 2008

Every six months the Board reserves a series of dockets for adoption of Board rules to accommodate any rules

adopted by the United States Environmental Protection Agency (USEPA) to implement various programs. On

February 19, 2009, the Board dismissed as unnecessary five dockets reserved to consider rules adopted by the

USEPA during the period of July 1, 2008 through December 31, 2008. In each of the five program areas described

below, USEPA adopted no rules during the update period.

Safe Drinking Water Act (SDWA) (R09-13).

Section 17.5 of the Environmental Protection Act (Act) (415 ILCS

5/17.5 (2006)) requires the Board to adopt regulations that are “identical in substance,” as defined at Section 7.2 of

the Act, to the National Primary Drinking Water Regulations (NPDWRs) adopted by the United States

Environmental Protection Agency (USEPA). These regulations implement sections 1412(b), 1414(a), and 1445(a)

of the Safe Drinking Water Act, 42 U.S.C §§ 300g-1(b), 300g-3(c), 300g-6(a) & 300j-4(a) (2005). USEPA has

codified its SDWA regulations at 40 C.F.R. 141 through 143.

Underground Injection Control (UIC) Program (R09-14).

Section 13(c) of the Act (415 ILCS 5/13(c) (2006))

requires the Board to adopt regulations that are “identical in substance” to USEPA regulations. 415 ILCS 5/7.2

(2006). Specifically, Section 13(c) relates to UIC regulations that USEPA adopted to implement provisions of the

Safe Drinking Water Act (42 U.S.C §§ 300h

(2005)). USEPA has codified its UIC regulations at 40 C.F.R

144 through 148.

Environmental Register – February 2009

Resource Conservation and Recovery Act (RCRA) Subtitle D (R09-15).

Section 22.40(a) of the Act (415 ILCS

5/22.40(a) (2006)) requires the Board to adopt regulations that are “identical in substance” to USEPA regulations.

415 ILCS 5/7.2 (2006). Specifically, Section 22.40(a) relates to municipal solid waste landfill (MSWLF)

regulations that USEPA adopted to implement Subtitle D of the Resource Conservation and Recovery Act of 1976

(42 U.S.C. §§ 6941-6949 (2005)). USEPA has codified the federal MSWLF rules at 40 C.F.R. 258.

Underground Storage Tank (UST) (R09-17).

Section 22.4(d) of the Act (415 ILCS 5/22.4(d) (2002)) requires the

Board to adopt regulations that are “identical in substance” to USEPA regulations. 415 ILCS 5/7.2 (2006).

Specifically, Section 22.4(d) relates to UST regulations promulgated by the USEPA pursuant to Section 9003 of

RCRA (42 U.S.C. §§ 6991b (2005)) to implement Subtitle I of RCRA (42 U.S.C. §§ 6991

certain limitations. USEPA has codified its UST regulations at 40 C.F.R. 280 through 282.

Wastewater Pretreatment (R09-18).

Sections 7.2 and 13.3 of the Act (415 ILCS 5/7.2 and 13.3 (2006)) require

the Board to adopt regulations that are “identical in substance” to USEPA regulations. 415 ILCS 5/7.2 (2006).

Specifically, Section 13.3 relates to wastewater pretreatment regulations that the USEPA adopted to implement

Sections 307(b), (c), and (d) and 402(b)(8) and (b)(9) of the Federal Water Pollution Control Act (33 U.S.C. §§

1317(b), (c), and (d) and 1342(b)(8) and (b)(9) (2006)). USEPA has codified the federal wastewater pretreatment

rules at 40 C.F.R. 400 through 499.

Copies of the Board’s dismissal orders may be obtained by calling the Clerk’s office at 312-814-3620, or by

downloading copies from the Board’s Website at www.ipcb.state.il.us.

For additional information contact Mike McCambridge at 312-814-6924; e-mail address mccambm@ipcb.state.il.us.

Board Actions

February 5, 2009

Chicago, Illinois

Rulemakings

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.

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.

Adjusted Standards

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.

Administrative Citations

Environmental Register – February 2009

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

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

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.

IEPA v. William and Patricia Hajek

– The Board granted complainant’s

motion for withdrawal of this administrative citation and closed the docket.

Adjudicatory Cases

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.

Apollo Plastics Corporation v IEPA

The Board accepted for hearing

petitioner’s amended petition in this permit appeal involving a Cook County

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.

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

on behalf of Sugar Camp L.L.C.

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.

Bugaieski Oil Company v. IEPA

– The Board accepted for hearing this

underground storage tank appeal involving a Franklin County facility.

Schrof Service Center v. IEPA

– The Board accepted for hearing this

underground storage tank appeal involving a Livingston County facility.

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)).

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)).

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

Environmental Register – February 2009

County are pollution control facilities for the purpose of preferential tax

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

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.

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)).

February 19, 2009

Chicago, Illinois

Rulemakings

In the Matter of: Nitrogen Oxides Emissions From Various Source

Categories, Amendments to 35 Ill. Adm. Code Parts 211 and 217 – The Board

granted the Illinois Environmental Protection Agency’s motions to correct

transcripts and to amend its rulemaking proposal.

SDWA 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

drinking water regulations during the update period of July 1, 2008 through

December 31, 2008.

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.

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.

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.

Environmental Register – February 2009

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 wastewater pretreatment

regulations during the update period of July 1, 2008 through December 31,

In the Matter of Air Quality Standards Clean-up: Amendments to 35 Ill. Adm.

Code Part 243 – The Board granted the Illinois Environmental Protection

Agency’s motion to amend its December 1, 2008 proposal.

Administrative Citations

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.

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.

IEPA v. Quinn & Glenna Hunley

– The Board accepted for hearing

respondents’ amended petition for review in this administrative citation

involving a Edwards County facility.

Adjudicatory Cases

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.

People of the State of Illinois v. Quad-County Ready Mix Corporation

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.

People of the State of Illinois v. J. B. Timmermann Farms, Ltd.,

granted complainant’s motion to strike affirmative defenses.

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.

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)),

Environmental Register – February 2009

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

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

on behalf of Sugar Camp L.L.C.

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.

Bailey Enterprises, Inc. v. IEPA

– The Board accepted for hearing this

underground storage tank appeal involving an Edwards County facility.

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)).

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)).

February 5, 2009 Board Meeting

Bugaieski Oil Company v. IEPA

– The Board accepted for hearing this underground storage tank appeal

involving a Franklin County facility.

Schrof Service Center v. IEPA

– The Board accepted for hearing this underground storage tank appeal

involving a Livingston County facility.

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)).

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)).

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)).

Environmental Register – February 2009

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.

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)).

IEPA v. David Swearingen

– The Board accepted for hearing respondent’s petition for review of this

administrative citation involving a Coles County facility.

February 19, 2009 Board Meeting

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.

Bailey Enterprises, Inc. v. IEPA

– The Board accepted for hearing this underground storage tank appeal

involving an Edwards County facility.

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)).

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)).

IEPA v. Jack Campbell –

The Board accepted an administrative citation against this White County

In the Matter of: Water Quality

Standards and Effluent Limitations for

the Chicago Area Waterway System and

the Lower Des Plaines River: Proposed

Amendments to 35 Ill. Adm. Code 301,

302, 303and 304

(Continues until complete or through

March 4, 2009)

Michael A. Bilandic Bldg

N-505, Fifth Floor

Illinois Pollution Control Board Meeting

James R. Thompson Center

100 W. Randolph Street

In the Matter of Air: Quality Standards

Clean-up: Amendments to 35 Ill. Adm.

Illinois Pollution Control Board

Conference Room 11-512

James R. Thompson Center

100 W. Randolph Street Chicago

In the Matter of: Proposed Amendments

to Tiered Approach to Corrective Action

Objectives (35 Ill. Adm. Code 742)

(Continues until complete or through

March 18, 2009)

James R. Thompson Center

100 W. Randolph Street

Environmental Register – February 2009

Illinois Pollution Control Board Meeting

James R. Thompson Center

100 W. Randolph Street

In the Matter of: City of Galva Site

Specific Water Quality Standard for

Boron Discharges to Edwards River and

Mud Creek: 35 Ill. Adm. Code 303.447

Council Chambers

City Administration Building

210 Front Street

Illinois Pollution Control Board Meeting

Vidoeconference

James R. Thompson Center

100 W. Randolph Street

Illinois Pollution Control Board

Hearing Room (1244 N, First

1021 N. Grand Avenue East

(North Entrance)

Springfield

Illinois Pollution Control Board Meeting

Vidoeconference

James R. Thompson Center

100 W. Randolph Street

Illinois Pollution Control Board

Hearing Room (1244 N, First

1021 N. Grand Avenue East

(North Entrance)

Springfield

Fox Moraine, LLC v. United City of

Yorkville, City Council: Kendall

County, Intervenor

(continues until complete or through

April 23, 2009)

United City of Yorkville Public

Library Meeting Room

902 Game Farm Road

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Environmental Register Comment Card

The Illinois Pollution Control Board is an independent five-member board

that adopts environmental control standards, rules on enforcement actions,

and other environmental disputes for the State of Illinois.

Environmental Register

is published monthly by the Board, and

updates on rulemakings, descriptions of final decisions, the Board’s hearing

calendar, and other environmental law information.

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Illinois Pollution Control Board

Environmental Register Coordinator

1021 N. Grand Avenue East

Springfield, Illinois 62794-9274