1. 11:00 a.m.
    2. Announcements
    3. Roll Call
    4. Approval of Minutes
    5. R08-17
    6. AC 06-39
    7. AC 06-40
    8. AC 06-41
    9. AC 07-25
    10. AC 09-33
    11. AC 09-35
    12. AC 09-39
      1. 13 East Quick Stop v. IEPA – The Board granted this Williamson County facility’s motion for voluntary dismissal of this underground storage tank appeal.
      2. People of the State of Illinois v. Moline Place Development, L.L.C. and Crosstowne Place Development, L.L.C. – No action taken.
      3. PMA & Associates, Inc. v. IEPA – No action taken.
      4. United City of Yorkville v. Hamman Farms – No action taken.
    13. People of the State of Illinois v. MII, 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 Logan County facility, the Board ordered publication of the required newspaper notice.
      1. Ameren Energy Generating Company, Amerenenergy Resources Generating Company, and Electric Energy, Inc. v. IEPA –
      2. Waste Management of Illinois, Inc. and Kendall Land and Cattle, LLC v. County Board of Kendall County – No action taken.
      3. Jerrald R. West II v. Nakomis Quarry Company – No action taken.
      4. John Tarkowski v. IEPA – No action taken.
      5. Elmhurst Memorial Healthcare and Elmhurst Memorial Hospital v. Chevron U.S.A., Inc. – No action taken.
    14. PCB 09-67
    15. Adjournment
 
March 19, 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 March 5, 2009 open meeting and March 12, 2009 closed deliberative session
were approved by a vote of 5-0.
ILLINOIS POLLUTION CONTROL BOARD
M
EETING MINUTES
 
2
RULEMAKINGS
R08-17
In the Matter of: Standards and Limitations for Organic Material
Emissions for Area Sources Proposed New 35 Ill. Adm. Code
Part 223 – The Board adopted a second notice opinion and order
in this rulemaking to amend the Board’s air pollution control
regulations.
5-0
Air
A
DJUSTED STANDARDS
ADMINISTRATIVE CITATIONS
AC 06-39
AC 06-40
AC 06-41
AC 07-25
(cons.)
City of Chicago Department of Environment v. Speedy Gonzalez
Landscaping, Inc.
City of Chicago Department of Environment v. Jose R. Gonzalez
City of Chicago Department of Environment v. 1601-1759 East
130th Street, LLC
City of Chicago Department of Environment v. 1601-1759 East
130th Street, LLC – The Board granted respondents’ motions to
consolidate AC 06-39, AC 06-40, AC 06-41, and AC 07-25 for
purposes of decision, denied complainant’s motions to strike
respondents’ motions to dismiss these cases, and denied
respondents’ motions to dismiss. The Board found that
complainant did not prove the alleged violations of Sections
21(p)(1), (p)(2), (p)(3), (p)(4), and (p)(7)(i) of the Environmental
Protection Act (Act) (415 ILCS 5/21(p)(1), (p)(2), (p)(3), (p)(4),
(p)(7)(i) (2006))in AC 06-39. The Board found that respondent
did violate of Sections 21(p)(1), (p)(2), (p)(3), and (p)(7)(i) of the
Act in AC 06-40 and in AC 06-41. Complainant did not prove
that Section 21(p)(4) of the Act was violated. The Board
dismissed AC 07-25 because it was improperly issued. The Board
ordered the Clerk of the Board and the complainant to file by
April 20, 2009 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 09-33
IEPA v. Dave Swearingen – The Board found that this Coles
County respondent violated Sections 21(p) (1) and (7) of the Act
(415 ILCS 5/21(p)(1) and (7) (2006)) and ordered respondent to
pay a penalty of $3,000.
5-0
 
3
AC 09-35
IEPA v. William and Patricia Hajek – The Board accepted for
hearing respondents’ amended petition for review in this
administrative citation involving a DeKalb County facility.
5-0
AC 09-39
IEPA v. Donald Sapp – The Board accepted an administrative
citation against this Pike County respondent.
A
DJUDICATORY CASES
PCB 96-76
People of the State of Illinois v. Chemetco, Inc. – In this land
enforcement action concerning a Madison 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 respondent to pay a total civil penalty
of $2,000,000.00, and to cease and desist from further violations.
5-0
L-E
PCB 05-218
13 East Quick Stop v. IEPA – The Board granted this Williamson
County facility’s motion for voluntary dismissal of this
underground storage tank appeal.
5-0
UST Appeal
PCB 06-181
People of the State of Illinois v. Quad-County Ready Mix
Corporation – In this land and air 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 respondent
to pay a total civil penalty of $30,000.00, and to cease and desist
from further violations.
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 07-53
People of the State of Illinois v. Moline Place Development,
L.L.C. and Crosstowne Place Development, L.L.C. – No action
taken.
W-E
PCB 07-63
PMA & Associates, Inc. v. IEPA – No action taken.
UST Appeal
 
4
PCB 07-144
People of the State of Illinois v. Mick Morfey – In this air
enforcement action concerning a Carroll 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 respondent to pay a total civil penalty
of $1,000.00, and to cease and desist from further violations.
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. – The Board granted
third-party complainant Rod Bennett Construction, Inc.’s motion
to dismiss the third-party complaint.
5-0
W-E
PCB 08-30
Caseyville Sport Choice, LLC v. Erma I. Seiber, Administratrix
of the Estate of James A. Seiber, Deceased, and Erma I. Seiber in
her individual capacity, and Fairmount Park, Inc.– No action
taken.
L-E
PCB 08-86
City of Quincy v. IEPA – No action taken.
P-A, Water
PCB 08-96
United City of Yorkville v. Hamman Farms – No action taken.
Citizens
A, L, W-E
PCB 09-16
People of the State of Illinois v. MII, 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 Logan County facility, the Board
ordered publication of the required newspaper notice.
5-0
L, N-E
PCB 09-21
Ameren Energy Generating Company, Amerenenergy Resources
Generating Company, and Electric Energy, Inc. v. IEPA –
Having found that petitioner did not provide new evidence that
would indicate that the Board’s January 22, 2009 opinion and
order denying the variance request was in error, the Board denied
the motion to reconsider.
4-1
Johnson
dissentimg
A-V
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 09-62
John Tarkowski v. IEPA – No action taken.
P-A, Land
 
5
PCB 09-66
Elmhurst Memorial Healthcare and Elmhurst Memorial Hospital
v. Chevron U.S.A., Inc. – No action taken.
Citizens
L-E
PCB 09-67
Prime Location Properties, LLC v. IEPA – The Board ordered
petitioner to file an amended petition to cure noted deficiencies,
on or before April 20, 2009, or the petition would be subject to
dismissal.
5-0
UST Appeal
PCB 09-68
Citation Oil and Gas v. IEPA – Upon receipt of the Illinois
Environmental Protection Agency’s recommendation, the Board
found and certified that specified facilities of Citation Oil & Gas
Corporation located in Marion 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
CASES PENDING DECISION
R09-8
In the Matter of: Proposed Site Specific Rule for City of Springfield,
Illinois, Office of Public Utilities, City Water, Light and Power and
Springfield Metro Sanitary District From 35 Ill. Adm. Code Section
302.208(g)
Water
OTHER ITEMS
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 April 2, 2009, by a vote of 5-0.
John T. Therriault, Assistant Clerk
Illinois Pollution Control Board

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