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
R08-17
R08-19
R09-20
AS 09-3
AS 09-4
AC 09-34
AC 09-36
AC 09-38
AC 09-39
AC 09-40
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.
People of the State of Illinois v. MII, Inc.. – In this water 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 $15,000, and to cease and desist from further violations. Respondent also agreed to pay investigative costs in the amount of $10,000.
City of Joliet v. IEPA – The Board denied petitioner’s motion to strike portions of respondent’s response brief and affirmed respondent’s September 12, 2008 denial of petitioner’s requested permit modification.
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. Dynegy Midwest Generation v. IEPA – The Board grants petitioner a variance a period beginning July 1, 2009 until March 31, 2010 from the requirements of Sections 35 Ill. Adm. Code 225.233(c)(1 )(A), 225.233(c)(2), 225.233(c)(5), and 225.210(b) and (d), subject to the conditions.
4. John Tarkowski v. IEPA – No action taken.
5. Elmhurst Memorial Healthcare and Elmhurst Memorial Hospital v. Chevron U.S.A., Inc. – The Board found that the complaint was neither duplicative nor frivolous and accepted for hearing this citizen’s land enforcement action involving a site located in DuPage County.
6. Prime Location Properties, LLC v. IEPA – The Board accepted for hearing this underground storage tank appeal involving a Massac County facility.
Deer View LLC - West Point v. IEPA – Upon receipt of the Illinois Environmental Protection Agency’s recommendation, the Board found and certified that specified facilities of Deer View 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)).
Sangamon Prairie Port Farm – Williamsville v. IEPA
R07-19
R09-8
R09-10
Adjournment

May 7, 2009

Videoconference

Chicago Office

100 W. Randolph Street

Room 11-512

Springfield Office

1021 N. Grand Avenue East

Springfield, IL

Room 1244 N, First Floor

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 16, 2009 open meeting and April 30, 2009 closed deliberative session

were approved by a vote of 5-0.

ILLINOIS POLLUTION CONTROL BOARD

RULEMAKINGS

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 final opinion and order in this

rulemaking amending the Board’s air pollution control

In the Matter of: Nitrogen Oxides Emissions From Various

Source Categories, Amendments to 35 Ill. Adm. Code Parts 211

and 217 – The Board adopted a first notice opinion and order in

this rulemaking to amend the Board’s air pollution control

In the Matter of: Nitrogen Oxide (NOx) Trading Program Sunset

Provisions for Electric Generating Units (EGU's): New 35 Ill.

Adm. Code 217.751 – The Board accepted for hearing the

Illinois Environmental Protection Agency’s April 21, 2009

proposal to amend the Board’s air pollution control regulations.

The Board also authorized a first notice proposal for publication,

without comments on the merits, and denied the motion for

expedited decision.

ADJUSTED STANDARDS

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

IEPA v. Jack Campbell – The Board found that this White

County respondent violated Sections 21(p)(1) and (p)(7) of the

Environmental Protection Act (415 ILCS 5/21(p)(1),(p)(7)

(2006)), and ordered respondent to pay a civil penalty of $3,000.

County of Sangamon v. Landers' Children Family, LLC – The

Board found that this Sangamon County respondent violated

Sections 21(p)(1), (p)(3), and (p)(7) of the Environmental

Protection Act (415 ILCS 5/21(p)(1), (p)(3), and (p)(7) (2006)),

and ordered respondent to pay a civil penalty of $4,500.

IEPA v. Thomas, Wayne and Valerie Hill – The Board found that

these Union County respondents violated Section 21(p)(1) of the

Environmental Protection Act (415 ILCS 5/21(p)(1),(p)(7)

(2006)), and ordered respondents to pay a civil penalty of $1,500.

IEPA v. Donald Sapp – The Board directed respondent to file an

amended petition for review on or before June 8, 2009, or this

action will be subject to dismissal.

IEPA v. Thomas and Valerie Hill – The Board accepted an

administrative citation against these Union County respondents.

DJUDICATORY CASES

Oasis Industries, Inc. v. IEPA – The Board granted this Kane

County facility’s motion for voluntary dismissal of this permit

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.

Fox Moraine, LLC v. United City of Yorkville, City Council:

Kendall County, Intervenor – The Board granted petitioner’s

motion to “check out” a copy of the record for use in writing its

closing brief. The record must be returned by petitioner on June

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.

Loretta Thigpen v. Morton Mobile Home Park, LLC, d/b/a

Edgewood Terrace Mobile Home Park – The Board granted this

Tazewell County complainant’s motion for voluntary dismissal of

this citizen’s enforcement action.

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

Distinctive Companies, Ltd, – In this water 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 $10,000, and to cease and desist

from further violations.

People of the State of Illinois v. Carri Scharf Materials Company,

d/b/a Farmdale Sand & Gravel Pit – 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 $7,000, and to cease and

desist from further violations.

City of Quincy v. IEPA – No action taken.

People of the State of Illinois v. MII, Inc..

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 $15,000, and to cease

and desist from further violations. Respondent also agreed to pay

investigative costs in the amount of $10,000.

City of Joliet v. IEPA

The Board denied petitioner’s motion to

strike portions of respondent’s response brief and affirmed

respondent’s September 12, 2008 denial of petitioner’s requested

permit modification.

Johnson dissented

Apollo Plastics Corporation v IEPA – The Board granted this

Cook County facility’s motion for voluntary dismissal of this

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

LLC v. County Board of Kendall County – No action taken.

Apollo Plastics Corporation v IEPA – The Board granted this

Cook County facility’s motion for voluntary dismissal of this

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

Dynegy Midwest Generation v. IEPA – The Board grants

petitioner a variance a period beginning July 1, 2009 until March

31, 2010 from the requirements of Sections 35 Ill. Adm. Code

225.233(c)(1 )(A), 225.233(c)(2), 225.233(c)(5), and 225.210(b)

and (d), subject to the conditions.

John Tarkowski v. IEPA – No action taken.

Elmhurst Memorial Healthcare and Elmhurst Memorial Hospital

v. Chevron U.S.A., Inc. – The Board found that the complaint was

neither duplicative nor frivolous and accepted for

citizen’s land enforcement action involving a site located in

Prime Location Properties, LLC v. IEPA – The Board accepted

for hearing this underground storage tank appeal involving a

Massac County facility.

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

Excavating, Inc. – In this water enforcement action concerning a

Peoria 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 $15,000, and to cease and desist from further

Sangamon Prairie Pork Farm - Williamsville v. IEPA – Upon

receipt of the Illinois Environmental Protection Agency’s

recommendation, the Board found and certified that specified

facilities of Sangamon Prairie Pork Farm located in Sangamon

County are pollution control facilities for the purpose of

preferential tax treatment under the Property Tax Code (35 ILCS

200/11-10 (2006)).

North Fork Pork, LLC - West Point v. IEPA – Upon receipt of

the Illinois Environmental Protection Agency’s recommendation,

the Board found and certified that specified facilities of North

Fork Pork, 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)).

Red Oak Hills, LLC - New Salem v. IEPA – Upon receipt of the

Illinois Environmental Protection Agency’s recommendation, the

Board found and certified that specified facilities of Red Oak

Hills, LLC located in Pike County are pollution control facilities

for the purpose of preferential tax treatment under the Property

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

Dan Reed - Illinois City v. IEPA – Upon receipt of the Illinois

Environmental Protection Agency’s recommendation, the Board

found and certified that specified facilities of Dan Reed located in

Rock Island County are pollution control facilities for the purpose

of preferential tax treatment under the Property Tax Code (35

ILCS 200/11-10 (2006)).

Red Oak Hills, LLC - Newman v. IEPA – Upon receipt of the

Illinois Environmental Protection Agency’s recommendation, the

Board found and certified that specified facilities of Red Oak

Hills, LLC located in Douglas County are pollution control

facilities for the purpose of preferential tax treatment under the

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

Dickerson Petroleum, Inc. v . IEPA – The Board directed

petitioner to file an amended petition on or before June 8, 2009,

or this action will be subject to dismissal.

Deer View LLC - West Point v. IEPA

Upon receipt of the

Illinois Environmental Protection Agency’s recommendation, the

Board found and certified that specified facilities of Deer View

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)).

Lone Hollow, LLC - Bowen v. IEPA – Deer View LLC - West

Point v. IEPA – Upon receipt of the Illinois Environmental

Protection Agency’s recommendation, the Board found and

certified that specified facilities of Lone Hollow, 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)).

Wildcat Farms, LLC - Dallas City v. IEPA – Upon receipt of the

Illinois Environmental Protection Agency’s recommendation, the

Board found and certified that specified facilities of Wildcat

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)).

People of the State of Illinois v. Ken Rawson, individually –

Board accepted for hearing this water enforcement action

involving a site located in McHenry County.

Dynegy Midwest Generation (Tilton Energy Center) v. IEPA –

The Board accepted for hearing this permit appeal involving a

Vermillion County facility. No action was taken on petitioner’s

motion for partial stay of specified conditions in the construction

Ameren Energy Generating Company and Gibson City Power

Plant v. IEPA – The Board accepted for hearing this permit

appeal involving a Ford County facility. No action was taken on

petitioner’s motion for partial stay of specified conditions in the

construction permit.

Ameren Energy Generating Company, Electric Energy, Inc., and

Midwest Electric Power, Inc. v. IEPA – The Board accepted for

hearing this permit appeal involving a Massac County facility.

No action was taken on petitioner’s motion for partial stay of

specified conditions in the construction permit.

Ameren Energy Generating Company and Venice Power Plant v.

IEPA – The Board accepted for hearing this permit appeal

involving a Madison County facility. No action was taken on

petitioner’s motion for partial stay of specified conditions in the

construction permit.

Holland Energy, LLC v. IEPA – The Board accepted for hearing

this permit appeal involving a Shelby County facility. No action

was taken on petitioner’s motion for partial stay of specified

conditions in the construction permit.

Ameren Energy Generating Company and Elgin Energy Center v.

IEPA – The Board accepted for hearing this permit appeal

involving a Cook County facility. No action was taken on

petitioner’s motion for partial stay of specified conditions in the

construction permit.

Amerenue and Raccoon Creek Power Plant v. IEPA – The Board

accepted for hearing this permit appeal involving a Clay County

facility. No action was taken on petitioner’s motion for partial

stay of specified conditions in the construction permit.

Union Electric Company d/b/a Amerenue and Goose Creek

Power Plant v. IEPA – The Board accepted for hearing this permit

appeal involving a Cook County facility. No action was taken on

petitioner’s motion for partial stay of specified conditions in the

construction permit.

Union Electronic Company d/b/a Amerenue and Kinmundy

Power Plant v. IEPA – The Board accepted for hearing this permit

appeal involving a Marion County facility. No action was taken

on petitioner’s motion for partial stay of specified conditions in

the construction permit.

Ameren Energy Generating Company and Grand Tower Power

Plant v. IEPA – The Board accepted for hearing this permit

appeal involving a Jackson County facility. No action was taken

on petitioner’s motion for partial stay of specified conditions in

the construction permit.

Peter Arendovich v. the Illinois State Toll Highway Authority –

No action taken.

Sangamon Prairie Port Farm – Williamsville v. IEPA

– Upon receipt of the Illinois Environmental Protection Agency’s

recommendation, the Board found and certified that specified

facilities of Sangamon Prairie Pork Farm located in Sangamon

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. Village of Rockton – The Board

accepted for hearing this water enforcement action involving a

site located in Winnebago County.

CASES PENDING DECISION

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

Proposed Rule, Second Notice, Opinion & Order

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)

Scheduled for JCAR Review May 19, 2009

– Adopted Rule, Final Order, Opinion & Order

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

of Emissions From Large Combustion Sources (Mercury

Scheduled for JCAR Review May 19, 2009

– Adopted Rule, Final Order, Opinion & Order

OTHER ITEMS

ADJOURNMENT

Moved and seconded, by a vote of 5-0, Chairman Girard adjourned the meeting at 11:43 a.m.

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

Board approved the above minutes on May 21, 2009, by a vote of 5-0.

John T. Therriault, Assistant Clerk

Illinois Pollution Control Board