1. Announcements
    2. Roll Call
    3. Approval of Minutes
    4. R07-19
    5. R09-8
    6. R09-10
    7. AS 09-2
    8. AS 09-3
    9. AS 09-4
    10. AC 07-30
    11. AC 09-24
    12. AC 09-41
    13. AC 09-42
    14. AC 09-43
    15. AC 09-44
    16. AC 09-45
    17. AC 09-46
      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.
    18. United City of Yorkville v. Hamman Farms – No action taken.
    19. People of the State of Illinois v. Lewis Development, LLC – 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 $7,500, and to cease and desist from further violations.
      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 dismissed this petition for hearing because of petitioner’s failure to file proof of proper service on respondent.
      4. BP Products North America, Inc. - Main Plant v. IEPA – The Board granted this request for a 90-day extension of time to file a permit appeal on behalf of this Madison County facility.
      5. Mertz Motor Co. 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 Madison County facility.
      6. REGULAR BOARD MEETINGS
    20. The Board granted the Chairman’s motion for approval of calendar year 2010 Board Meeting Locations and Dates as listed below:
      1. CLOSED DELIBERATIVE SESSIONS
    21. The Board granted the Chairman’s motion for approval of calendar year 2010 Closed Deliberative Session Schedule as listed below:
    22. Adjournment
 
May 21, 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.
A
NNOUNCEMENTS
Chairman Girard welcomed members of the public and staff. The Chairman then thanked Legal
Extern Bryan Lamble from Chicago-Kent Law School for his valuable contributions to the
Board, wishing him well in his future endeavors. Chairman Girard then introduced Nicole Mayer
a Legal Extern from Chicago-Kent Law School.
ROLL CALL
The Assistant Clerk of the Board called the roll. All five Board Members answered present.
APPROVAL OF MINUTES
The minutes of the May 7, 2009 open meeting and May 14, 2009 closed deliberative session
were approved by a vote of 5-0.
ILLINOIS POLLUTION CONTROL BOARD
M
EETING MINUTES
 
2
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 adopted a second notice
opinion and order in this rulemaking to amend the Board’s air
pollution control regulations.
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 final
opinion and order in this rulemaking amending the Board’s water
pollution control regulations.
5-0
Water
R09-10
In the Matter of: Amendments to 35 Ill. Adm. Code 225:
Control of Emissions From Large Combustion Sources (Mercury
Monitoring) – No action taken.
Air
ADJUSTED STANDARDS
AS 09-2
In the Matter of: Petition of Maximum Investments, LLC for an
Adjusted Standard from 35 Ill Administrative Code 740.210(a)3
for the Stoney Creek Landfill, Palos Hills, Il. v. IEPA – No action
taken.
Land
AS 09-3
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 – The Board ordered petitioner to file an amended
petition to cure noted deficiencies on or before June 22, 2009, the
first business day after the 30th day after this order, or the
petition would be subject to dismissal. The Board denied
petitioner’s motion for expedited review.
5-0
Land
AS 09-4
In the Matter of: Petition of Royal Fiberglass Pools, Inc. for an
Adjusted Standard from 35 IAC 215.301 – No action taken.
Air
 
3
ADMINISTRATIVE CITATIONS
AC 07-30
IEPA v. Bobby G. Myers and Donald D. Myers – The Board
entered an interim opinion and order finding respondents violated
Sections 21(p)(1) and (p)(3) of the Environmental Protection Act
(415 ILCS 5/21(p)(1), (p)(3) (2006)) and assessed a penalty of
$3,000. The Board ordered the Clerk of the Board and the Illinois
Environmental Protection Agency to file on or before June 22,
2009, a statement of hearing costs, supported by affidavit, with
service on respondent. Respondents may respond to the cost
statement within 21 days of service of those statements.
5-0
AC 09-24
IEPA v. Quinn & Glenna Hunley – The Board granted
respondents’ motion to withdraw and dismissed their amended
petition to contest the administrative citation. The Board found
that these respondents violated Sections 21(p)(1) of the
Environmental Protection Act (415 ILCS 5/21(p)(1) (2006)) and
assessed a penalty of $1,500 in this administrative citation
involving a Edwards County facility.
5-0
AC 09-41
IEPA v. Mark A. Lewis – The Board accepted an administrative
citation against this Clay County respondent.
AC 09-42
IEPA v. Brian Collins – The Board accepted an administrative
citation against this Franklin County respondent.
AC 09-43
IEPA v. The Blickhan Family Corporation, Inc. & Blick's
Construction Co. Inc – The Board accepted an administrative
citation against these Adams County respondents.
AC 09-44
IEPA v. Gordon Investment Group, LLC – The Board accepted
an administrative citation against this McDonough County
respondent.
AC 09-45
IEPA v. Stanley Mouser – The Board accepted an administrative
citation against this Alexander County respondent.
AC 09-46
IEPA v. C. John Blickhan – The Board accepted an
administrative citation against this Adams County respondent.
 
4
A
DJUDICATORY CASES
PCB 05-51
People of the State of Illinois v. Randy Oldenberger d/b/a
Environmental Health and Safety – No action taken.
A-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
PCB 08-7
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.
W-E
PCB 08-17
People of the State of Illinois v. Felker Pharmacy, Inc., and Rod
Bennett Construction, Inc. – In this water enforcement action
concerning a Lee 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 $7,500, and to cease and desist from
further violations.
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
–
No action taken.
A,L,W-E
PCB 09-20
People of the State of Illinois v. Lewis Development, LLC
–
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 $7,500, and to cease and desist from further violations.
5-0
W-E
 
5
PCB 09-32
People of the State of Illinois v. Whalen Manufacturing
Company, an Illinois corporation, and Yetter Manufacturing
Company – 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
McDonough County facility, the Board ordered publication of the
required newspaper notice.
5-0
W-E
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 dismissed this petition for
hearing because of petitioner’s failure to file proof of proper
service on respondent.
5-0
P-A, Land
PCB 09-102
Peter Arendovich v. the Illinois State Toll Highway Authority –
No action taken.
N-E
PCB 09-105
People of the State of Illinois v. R. A. Cullinan & Sons, Inc. –
The Board accepted for hearing this land enforcement action
involving a site located in Tazewell County.
5-0
L-E
PCB 09-106
BP Products North America, Inc. - Main Plant v. IEPA – The
Board granted this request for a 90-day extension of time to file a
permit appeal on behalf of this Madison County facility.
5-0
P-A, Water
90-Day Extension
PCB 09-107
People of the State of Illinois v. Tate and Lyle Ingredients
Americas, Inc. – The Board accepted for hearing this air
enforcement action involving a site located in Macon County.
5-0
A-E
PCB 09-108
People of the State of Illinois v. Apollo Plastics Corporation –
The Board accepted for hearing this air enforcement action
involving a site located in Cook County.
5-0
A-E
PCB 09-109
Mertz Motor Co. 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 Madison County facility.
5-0
UST Appeal
90-Day Extension
 
6
C
ASES PENDING DECISION
None
OTHER ITEMS
The Board granted Chairman’s motion to change the 11:00 am July 23,
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
The Board granted the Chairman’s motion for approval of calendar year
2010 Board Meeting Locations and Dates as listed below
:
5-0
REGULAR BOARD MEETINGS
SCHEDULED FOR CALENDAR YEAR 2010
(unless otherwise noted, meetings begin at 11:00 am)
January 7
July 1
January 21
July 15
February 4
August 5
February 18
August 19
March 4
September 2
March 18
September 16
April 1
October 7
April 15
October 21
May 6
November 4
May 20
November 18
June 3
December 2
June 17
December 16
Unless otherwise noted below, Board meetings will be at the James R.
Thompson Center, 100 W. Randolph Street, Chicago, IL
*
These Board meetings will be via videoconference
between Chicago, 100 W. Randolph Street, Videoconference
 
7
Room 11-512, and Springfield, 1021 N. Grand Avenue East,
Conference Room 1244 N, First Floor
**
These Board meetings will be in the Board’s Springfield Office, 1021 N.
Grand Avenue East, Conference Room 1244 N, First Floor
The Board granted the Chairman’s motion for approval of calendar year
2010 Closed Deliberative Session Schedule as listed below
:
5-0
CLOSED DELIBERATIVE SESSIONS
SCHEDULED FOR CALENDAR YEAR 2010
(unless otherwise noted, meetings begin at 10:00 am)
January 14
July 8
January 28
July 22
February 11
August 12
February 25
August 26
March 11
September 10
March 25
September 24
April 8
October 14
April 22
October 28
April 30
November 9
(Tuesday)
May 13
November 23
(Tuesday)
May 27
December 9
June 10
December 23
June 24
December 30
Unless otherwise noted, Closed Deliberative Sessions will be at the James R. Thompson
Center, 100 W. Randolph Street, Room 11-512, Chicago, IL
ADJOURNMENT
8
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 June 4, 2009, by a vote of 5-0.
John T. Therriault, Assistant Clerk
Illinois Pollution Control Board

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