The following is the Illinois Pollution Control Board's tentative agenda for its April 4, 1996 Board meeting. The actual Agenda will be available at 10:30 a.m. Tuesday, April 2, 1996 and will list all motions and case filings received before Monday, Apri

Announcements
Roll Call
Approval of Minutes
R09-10
AS 08-1
AS 09-3
AS 09-4
AC 09-9
AC 09-37
AC 09-38
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.
Dalee Oil v. IEPA – The Board granted this Madison County facility’s motion for voluntary dismissal of this underground storage tank appeal.
Hannel Oil Company, an Illinois Corporation v. IEPA – The Board granted this Morgan County facility’s motion for voluntary dismissal of this underground storage tank appeal.
R08-17
R08-19
Dynegy Midwest Generation v. IEPA (due June 18, 2009)
Adjournment

April 16, 2009

Chicago Office

100 W. Randolph Street

Room 11-512

NNOUNCEMENTS

Chairman Girard welcomed members of the public and staff.

The Assistant Clerk of the Board called the roll. All five Board Members answered present.

APPROVAL OF MINUTES

The minutes of the April 2, 2009 open meeting and April 9, 2009 closed deliberative session

were approved by a vote of 5-0.

ILLINOIS POLLUTION CONTROL BOARD

RULEMAKINGS

In the Matter of: Amendments to 35 Ill. Adm. Code 225:

Control of Emissions From Large Combustion Sources (Mercury

Monitoring) – The Board adopted a second notice opinion and

order in this rulemaking to amend the Board’s air pollution

control regulations.

DJUSTED STANDARDS

In the Matter of: Petition of Illinois Department of

Transportation, District 8, Bowman Avenue Pump Station and

Deep Well System, for an Adjusted Standard from 35 Ill. Adm.

Code 302.208(g) (NPDES Permit No. IL0070955) – The Board

granted petitioner’s motion to dismiss this action.

In the Matter of: Petition of Westwood Lands, Inc. for an

Adjusted Standard from Portions of 35 Ill. Adm. Code 807.104

and 35 Ill. Adm. Code 810.103 or in the Alternative, a Finding of

Inapplicability – No action taken.

In the Matter of: Petition of Royal Fiberglass Pools, Inc. for an

Adjusted Standard from 35 IAC 215.301 – No action taken.

ADMINISTRATIVE CITATIONS

County of Jackson v. Alvin Valdez and Ruben J. Valdez – The

Board entered an interim opinion and order finding respondents

violated Sections 21(p)(1) and (p)(7) of the Act (415 ILCS

5/21(p)(1), (p)(7) (2006)) and assessing a penalty of $3,000. The

Board ordered the Clerk of the Board and the County of Jackson

to file within 14 days a statement of hearing costs, supported by

affidavit, with service on respondent. Respondents may respond

to the cost statement within 21 days of service.

IEPA v. Info Corner Materials, Inc. – The Board found that this

Sangamon County respondent 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 $3,000.

IEPA v. Thomas, Wayne and Valerie Hill – No action taken.

DJUDICATORY CASES

People of the State of Illinois v. Randy Oldenberger d/b/a

Environmental Health and Safety – No action taken.

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.

People of the State of Illinois v. Moline Place Development,

L.L.C. and Crosstowne Place Development, L.L.C. – No action

PMA & Associates, Inc. v. IEPA – No action taken.

People of the State of Illinois, ex rel. Lisa Madigan, Attorney

General of the State of Illinois v. Union Pacific Railroad

Company, a Delaware Corporation – No action taken.

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. – Upon receipt of a

proposed stipulation and settlement agreement and an agreed

motion to request relief from the hearing requirement in this

water enforcement action involving a Lee County facility, the

Board ordered publication of the required newspaper notice.

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. – The Board

granted Caseyville Sport Choice, LLC’s motion to dismiss the

counterclaim of Fairmount Park, Inc.

Wauconda Community Unit School District #118 v. IEPA – The

Board granted this Lake County facility’s motion for voluntary

dismissal of this underground storage tank appeal.

People of the State of Illinois v. Distinctive Homes, Ltd and

Distinctive Companies, Ltd, – Upon receipt of a proposed

stipulation and settlement agreement and an agreed motion to

request relief from the hearing requirement in this water

enforcement action involving a Cook County facility, the Board

ordered publication of the required newspaper notice.

City of Quincy v. IEPA – No action taken.

Dalee Oil v. IEPA

The Board granted this Madison County

facility’s motion for voluntary dismissal of this underground

storage tank appeal.

Hannel Oil Company, an Illinois Corporation v. IEPA

Board granted this Morgan County facility’s motion for voluntary

dismissal of this underground storage tank appeal.

People of the State of Illinois v. Lewis Development, LLC –

Upon receipt of a proposed stipulation and settlement agreement

and an agreed motion to request relief from the hearing

requirement in this water enforcement action involving a Peoria

County facility, the Board ordered publication of the required

newspaper notice.

Waste Management of Illinois, Inc. and Kendall Land and Cattle,

LLC v. County Board of Kendall County – The Board declined to

consider the Kendall County Board’s combined response as either

a response to the original motions for leave to file an

or as a reply to petitioner’s objections to those motions. The

Board denied the Village of Minooka’s (Minooka) motion for

leave to file a reply as moot, as the Board has granted Minooka’s

motion for leave to file an

brief in an order dated March 5,

Jerrald R. West II v. Nakomis Quarry Company – No action

John Tarkowski v. IEPA – No action taken.

People of the State of Illinois v. Brent Speckhart, d/b/a Brent

Speckhart Swine Farm – In this water enforcement action

concerning a Adams 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 $7,000, and to cease and

desist from further violations.

Elmhurst Memorial Healthcare and Elmhurst Memorial Hospital

v. Chevron U.S.A., Inc. – No action taken.

People of the State of Illinois v. Summer Ridge, L.L.C. and Stark

Excavating, 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 Peoria County facility, the Board ordered publication of the

required newspaper notice.

People of the State of Illinois v. David J. Shultz – The Board

accepted for hearing this air enforcement action involving a site

located in Sangamon County.

People of the State of Illinois v. Andalusia Ventures, L.L.C. – The

Board accepted for hearing this water enforcement action

involving a site located in Rock Island County.

Flint Hills Resources, LP, Carbon Adsorber (NH-804) v. IEPA –

Upon receipt of the Illinois Environmental Protection Agency’s

recommendation, the Board found and certified that specified

facilities of Flint Hills Resources, LP located in Will County are

pollution control facilities for the purpose of preferential tax

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

Flint Hills Resources, LP, Scrubber (HT-1404) v. IEPA – Upon

receipt of the Illinois Environmental Protection Agency’s

recommendation, the Board found and certified that specified

facilities of Flint Hills Resources, LP located in Will County are

pollution control facilities for the purpose of preferential tax

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

Flint Hills Resources, LP, Scrubber (KT-110) v. IEPA – Upon

receipt of the Illinois Environmental Protection Agency’s

recommendation, the Board found and certified that specified

facilities of Flint Hills Resources, LP located in Will County are

pollution control facilities for the purpose of preferential tax

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

LaMoine Valley Farms, LLC v. IEPA – Upon receipt of the

Illinois Environmental Protection Agency’s recommendation, the

Board found and certified that specified facilities of LaMoine

Valley 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)).

Riverview Frenetics – Centralia v. IEPA – Upon receipt of the

Illinois Environmental Protection Agency’s recommendation, the

Board found and certified that specified facilities of Riverview

Frenetics-Centralia located in Clinton County are pollution

control facilities for the purpose of preferential tax treatment

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

Saluki Farms – Mulkeytown v. IEPA – Upon receipt of the

Illinois Environmental Protection Agency’s recommendation, the

Board found and certified that specified facilities of Saluki

Farms-Mulkeytown located in Franklin County are pollution

control facilities for the purpose of preferential tax treatment

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

CASES PENDING DECISION

In the Matter of: Standards and Limitations for Organic Material

Emissions for Area Sources Proposed New 35 Ill. Adm. Code Part 223

(Scheduled for JCAR Review April 21, 2009)

Adopted Rule, Final Opinion & Order

In the Matter of: Nitrogen Oxides Emissions From Various Source

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

– Proposed Rule, First Notice, Opinion & Order

City of Joliet v. IEPA (due May 7, 2009)

– Opinion & Order

Dynegy Midwest Generation v. IEPA (due June 18, 2009)

– Interim Order

OTHER ITEMS

ADJOURNMENT

Moved and seconded, by a vote of 5-0, Chairman Girard adjourned the meeting at 11:22 a.m.

I, John T. Therriault, Assistant Clerk of the Illinois Pollution Control Board, certify that the

Board approved the above minutes on May 7, 2009, by a vote of.

John T. Therriault, Assistant Clerk

Illinois Pollution Control Board