1. 11:00 a.m.
    2. Announcements
    3. Roll Call
    4. Approval of Minutes
    5. R09-18
    6. AS 09-1
    7. AC 09-35
    8. AC 09-36
    9. AC 09-37
    10. AC 09-38
      1. L. Keller Oil Properties (Charleston) v. IEPA – The Board granted this Coles County facility’s motion for voluntary dismissal of this underground storage tank appeal.
      2. PMA & Associates, Inc. v. IEPA – No action taken.
      3. United City of Yorkville v. Hamman Farms – No action taken.
      4. Ameren Energy Generating Company, Amerenenergy Resources Generating Company, and Electric Energy, Inc. v. IEPA – No action taken.
    11. PCB 09-33
      1. Simons Auto Service Center v. IEPA – The Board accepted for hearing this underground storage tank appeal involving a St. Clair County facility.
      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.
    12. Johnson Oil Company, LLC v. IEPA – The Board accepted for hearing this underground storage tank appeal involving a Vermilion County facility.
      1. John Tarkowski v. IEPA – No action taken.
    13. Adjournment
 
March 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 February 19, 2009 open meeting and February 26, 2009 closed deliberative
session were approved by a vote of 5-0.
ILLINOIS POLLUTION CONTROL BOARD
M
EETING MINUTES
 
2
RULEMAKINGS
R09-18
Definition of VOM 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
Air
A
DJUSTED STANDARDS
AS 09-1
In the Matter of: Petition of Ameren Energy Generating
Company for Adjusted Standards from 35 Ill. Adm. Code Parts
811, 814, and 815 (Hutsonville Power Station) – The Board
found that an adjusted standard is not the appropriate source of
the regulatory relief which petitioner is seeking. The Board
dismissed petitioner’s petition for an adjusted standard and
closed this docket, inviting petitioner to propose a site specific
rule instead.
5-0
Land
ADMINISTRATIVE CITATIONS
AC 09-35
IEPA v. William and Patricia Hajek – The Board accepted
William Hajek’s petition for review, but directed Patricia Hajek
to file an amended petition to cure deficiencies.
5-0
AC 09-36
County of Sangamon v. Landers' Children Family, LLC – The
Board accepted an administrative citation against this
Sangamon County respondent.
AC 09-37
IEPA v. Info Corner Materials, Inc. – The Board accepted an
administrative citation against this Sangamon County respondent.
AC 09-38
IEPA v. Thomas, Wayne and Valerie Hill – The Board accepted
an administrative citation against these Union County
respondents.
 
3
A
DJUDICATORY CASES
PCB 03-182
People of the State of Illinois v. Vertellus Specialties, Inc.,
formerly known as Reilly Industries, Inc. – In this air and water
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 $140,000.00, and to cease and desist from further violations.
5-0
A, W-E
PCB 05-50
L. Keller Oil Properties (Charleston) v. IEPA – The Board
granted this Coles County facility’s motion for voluntary
dismissal of this underground storage tank appeal.
5-0
UST Appeal
PCB 05-163
People of the State of Illinois v. Pekin Paperboard Company,
L.P., – In this water enforcement action concerning a Tazewell
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 $65,000.00, and to cease and desist from further
violations.
5-0
W-E
PCB 07-15
Joyce Farms Recycling, Inc. v. IEPA – The Board granted this
Kankakee County facility’s motion for voluntary dismissal of this
permit appeal.
5-0
P-A, Land
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 08-11
People of the State of Illinois v. Plastic Capacitors, Inc., – 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
 
4
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 08-30
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 08-34
Webel Feeds and Tlhus, Inc. v. IEPA – The Board granted this
Pike County facility’s motion for voluntary dismissal of this
permit appeal.
5-0
P-A, Land
PCB 08-49
Joyce Farms Recycling, Inc. v. IEPA – The Board granted this
Kankakee County facility’s motion for voluntary dismissal of this
permit appeal.
5-0
P-A, Land
PCB 08-51
People of the State of Illinois v. Highland Baking Company – In
this air enforcement action concerning a Cook 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 $75,000.00, and to cease and desist from further violations.
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
–
In this water enforcement action
concerning a Winnebago County facility, the Board granted
respondent’s motion for summary judgment. The Board found
that respondent has violated Sections 12(a), 12(d), and 12(f) of
the Environmental Protection Act (Act) (415 ILCS 5/12(a), 12(d),
12(f) (2006)) and Sections 309.102(a) and 302.203 of the Board’s
water pollution regulations (35 Ill. Adm. Code 309.102(a),
302.203), and ordered the respondent to pay a total civil penalty
of $12,000.00, and to cease and desist from further violations.
5-0
W-E
PCB 08-96
United City of Yorkville v. Hamman Farms – No action taken.
Citizens
A, L, W-E
PCB 09-21
Ameren Energy Generating Company, Amerenenergy Resources
Generating Company, and Electric Energy, Inc. v. IEPA – No
action taken.
A-V
 
5
PCB 09-33
S & D. Realty, Inc. v. IEPA – The Board accepted for hearing this
underground storage tank appeal involving a Cook County
facility.
5-0
UST Appeal
PCB 09-37
Simons Auto Service Center v. IEPA – The Board accepted for
hearing this underground storage tank appeal involving a St. Clair
County facility.
5-0
UST Appeal
PCB 09-38
Ameren Energy Generating Companyv. IEPA
–
The Board
accepted for hearing this request to modify site specific thermal
standards involving a Montgomery County facility. The Board
denied petitioner’s requests expedited review of its petition.
5-0
T
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 09-48
Dynegy Midwest Generation v. IEPA
–
The Board denied
petitioner’s motion to reconsider and accepted the amended
petition for hearing.
5-0
A-V
PCB 09-60
People of the State of Illinois v. Crop Production Services
–
The
Board accepted for hearing this water enforcement action
involving a site located in Montgomery County.
5-0
W-E
PCB 09-61
Johnson Oil Company, LLC v. IEPA – The Board accepted for
hearing this underground storage tank appeal involving a
Vermilion County facility.
5-0
UST Appeal
PCB 09-62
John Tarkowski v. IEPA – No action taken.
P-A, Land
PCB 09-63
J. I. Corporation v. IEPA – The Board granted this request for a
90-day extension of time to file an underground storage tank
appeal on behalf of this Boone County facility.
5-0
UST Appeal, 90-
Day Extension
PCB 09-64
People of the State of Illinois v. Citgo Petroleum Corporation
–
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 Will
County facility, the Board ordered publication of the required
newspaper notice.
5-0
L-E
 
6
PCB 09-65
People of the State of Illinois v. Stark Excavating, Inc.,
–
The
Board accepted for hearing this land enforcement action involving
a site located in Montgomery County.
5-0
L-E
C
ASES PENDING DECISION
OTHER ITEMS
ADJOURNMENT
Moved and seconded, by a vote of 5-0, Chairman Girard adjourned the meeting at 11:27 a.m.
I, John T. Therriault, Assistant Clerk of the Illinois Pollution Control Board, certify that the
Board approved the above minutes on March 19, 2009, by a vote of 5-0.
John T. Therriault, Assistant Clerk
Illinois Pollution Control Board

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