1. 11:00 a.m.
    2. Announcements
    3. Roll Call
    4. Approval of Minutes
    5. R07-19
    6. R08-19
    7. R09-8
    8. AC 06-50
    9. AC 08-28
    10. AC 09-32
    11. AC 09-39
      1. People of the State of Illinois v. Moline Place Development, L.L.C. and Crosstowne Place Development, L.L.C. – No action taken.
      2. PMA & Associates, Inc. v. IEPA – No action taken.
    12. People of the State of Illinois v. Carri Scharf Materials Company, d/b/a Farmdale Sand & Gravel Pit – 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 Tazewell County facility, the Board ordered publication of the required newspaper notice.
      1. United City of Yorkville v. Hamman Farms – The Board denied respondent’s motions to reconsider the Board’s October 16, 2008 decision and to dismiss as duplicative count I and count II of the complaint. Additionally, the Board denied complainant’s December 1, 2008 motion for leave to file an amended complaint. The Board granted complainant leave to file an amended complaint by May 4, 2009, that cures the previously noted deficiencies in count III.
    13. Intermart, Inc. v. IEPA – The Board granted this Kane County facility’s motion for voluntary dismissal of this underground storage tank appeal.
      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. John Tarkowski v. IEPA – The Board directed petitioner to file proof of service of this action on the Illinois Environmental Protection Agency on or before April 24, 2009, or this action will be subject to dismissal.
      4. People of the State of Illinois, Lisa Madigan v. Citgo Petroleum Corporation – In this land enforcement action concerning a Will 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 $5,000.00, and to cease and desist from further violations.
      5. Elmhurst Memorial Healthcare and Elmhurst Memorial Hospital v. Chevron U.S.A., Inc. – No action taken.
    14. PCB 09-69
    15. Adjournment
 
April 2, 2009
Videoconference
Chicago Office
100 W. Randolph Street
Chicago, IL
Room 11-512
AND
Springfield Office
1021 N. Grand Avenue East
Springfield, IL
Room 1244 N, First Floor
11:00 a.m.
ANNOUNCEMENTS
Chairman Girard welcomed members of the public and staff. The Chairman announced that,
due to technical difficulties with the video portion of the conferencing equipment, the video
conference meeting would proceed with audio only at the properly-noticed locations in
Springfield and Chicago.
ROLL CALL
The Chairman called the roll, and Members Johnson and Lin answered present in Springfield,
and the Chairman and Member Blankenship did so in Chicago.
Under Section 7 of the Open Meetings Act (5 ILCS 120/7) and Section 2175.120 of the Board's
organizational rules (2 Ill. Adm. Code 2175.120), Member Moore provided notice to the Board's
Clerk on April 1, 2009, that, because an out-of-state family emergency prevents her from being
present, she wished to participate in the meeting by telephone.
ILLINOIS POLLUTION CONTROL BOARD
M
EETING MINUTES
 
2
The Chairman's April 2, 2009 motion to allow such participation was moved and seconded, and
approved by a 4-0 vote of those members physically present in Chicago and Springfield. In
response to roll call, Member Moore then answered present, and participated in the meeting by
telephone.
APPROVAL OF MINUTES
The minutes of the March 19, 2009 open meeting and March 26, 2009 closed deliberative session
were approved by a vote of 5-0.
 
3
RULEMAKINGS
R07-19
In the Matter of : Section 27 Proposed Rules for Nitrogen Oxide
(NOx) Emissions From Stationary Reciprocating Internal
Combustion Engines and Turbines: Amendments to 35 Ill. Adm.
Code Parts 211 and 217 – The Board granted the Illinois
Environmental Protection
Agency’s motion for expedited review.
5-0
Air
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 granted the Illinois Environmental Protection
Agency’s motion for expedited review.
5-0
Air
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) – The Board adopted a second
notice opinion and order in this site specific rulemaking to amend
the Board’s water pollution control regulations.
5-0
Water
A
DJUSTED STANDARDS
NONE
A
DMINISTRATIVE CITATIONS
AC 06-50
IEPA v. Mark Gates –The Board entered an interim opinion and
order finding respondent violated Sections 21(p)(1) and (p)(7) of
the Act (415 ILCS 5/21(p)(1), (p)(7) (2006)) and assessed a
penalty of $3,000. 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 08-28
IEPA v. Joseph Cosentino and Rob Pinski – The Board entered a
final opinion and order requiring respondent to pay hearing costs
of the Illinois Environmental Protection Agency and the Board in
the amount of $334.98 and a civil penalty of $4,500. This order
follows the Board's interim order of February 19, 2009, which
found that this respondent had violated Sections 21(p)(1), (p)(3),
and (p)(7) of the Act (415 ILCS 5/21(p)(1), (p)(3), (p)(7) (2006)).
5-0
 
4
AC 09-32
County of Will v. Glover Family Trust, Elaine D. Glover, Glen K.
Glover – 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 Will 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 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
PCB 07-131
People of the State of Illinois v. Vithalbhai Patel – In this air
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 $30,000.00, and to cease and desist from further violations.
5-0
A-E
PCB 08-11
People of the State of Illinois, ex rel. Lisa Madigan, Attorney
General of the State of Illinois v. Plastic Capacitors, Inc., – 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 respondent to pay a total civil penalty
of $1,000.00, and to cease and desist from further violations.
5-0
A-E
 
5
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 08-62
People of the State of Illinois v. Carri Scharf Materials Company,
d/b/a Farmdale Sand & Gravel Pit
–
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 Tazewell County facility, the
Board ordered publication of the required newspaper notice.
5-0
W-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 – The Board denied
respondent’s motions to reconsider the Board’s October 16, 2008
decision and to dismiss as duplicative count I and count II of the
complaint. Additionally, the Board denied complainant’s
December 1, 2008 motion for leave to file an amended complaint.
The Board granted complainant leave to file an amended
complaint by May 4, 2009, that cures the previously noted
deficiencies in count III.
5-0
Citizens
A, L, W-E
PCB 09-34
Intermart, Inc. v. IEPA
–
The Board granted this Kane County
facility’s motion for voluntary dismissal of this underground
storage tank appeal.
5-0
UST Appeal
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 – The Board directed petitioner to file
proof of service of this action on the Illinois Environmental
Protection Agency on or before April 24, 2009, or this action will
be subject to dismissal.
5-0
P-A, Land
 
6
PCB 09-64
People of the State of Illinois, Lisa Madigan v. Citgo Petroleum
Corporation – In this land enforcement action concerning a Will
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 $5,000.00, and to cease and desist from further
violations.
5-0
L-E
PCB 09-66
Elmhurst Memorial Healthcare and Elmhurst Memorial Hospital
v. Chevron U.S.A., Inc. – No action taken.
Citizens
L-E
PCB 09-69
People of the State of Illinois v. Par Development, Inc. – The
Board accepted for hearing this water enforcement action
involving a site located in McHenry County.
5-0
W-E
PCB 09-70
Timberline, LLC – Rushville v. IEPA – Upon receipt of the
Illinois Environmental Protection Agency’s recommendation, the
Board found and certified that specified facilities of Timberline,
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 09-71
Western Creek Farms, LLC – LaHarpe v. IEPA – Upon receipt of
the Illinois Environmental Protection Agency’s recommendation,
the Board found and certified that specified facilities of Western
Creek Farms, LLC located in Hancock 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 09-72
Pinnacle Genetics, LLC – Colchester v. IEPA – Upon receipt of
the Illinois Environmental Protection Agency’s recommendation,
the Board found and certified that specified facilities of Pinnacle
Genetics, LLC located in McDonough 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
 
7
C
ASES PENDING DECISION
O
THER ITEMS
The Board granted Chairman’s motion to change the 11:00 am May 7,
2009 Board Meeting from one only held in Chicago to an 11:00 am
Videoconference meeting in the Board’s Chicago and Springfield offices
(James R. Thompson Center, 100 West Randolph, Suite 11-512,
Chicago, Il. and 1021 N. Grand Ave. East, Room 1244N, First Floor,
Springfield, Il.)
5-0
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 April 16, 2009, by a vote of 5-0.
John T. Therriault, Assistant Clerk
Illinois Pollution Control Board

Back to top