1. Announcements
    2. Roll Call
    3. Approval of Minutes
    4. R09-10
    5. R09-21
    6. AS 09-4
    7. AC 06-39
    8. AC 06-40
    9. AC 06-41
    10. AC 07-25
    11. AC 06-50
    12. AC 09-8
    13. AC 09-40
    14. AC 09-46
    15. AC 09-47
    16. AC 09-48
    17. AC 09-49
    18. AC 09-50
      1. PMA & Associates, Inc. v. IEPA – No action taken.
    19. United City of Yorkville v. Hamman Farms – No action taken.
    20. People of the State of Illinois v. Praedium Development Corporation and Plaza Excavating, 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 Lake County facility, the Board ordered publication of the required newspaper notice.
      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 – The Board granted respondent’s motion to dismiss complainant’s complaint as frivolous.
      3. Prime Location Properties, LLC v. IEPA – No action taken.
      4. Dickerson Petroleum, Inc. v. IEPA – The Board accepted petitioner’s amended petition for hearing in this underground storage tank appeal involving a St. Clair County facility.
      5. L. Keller Oil Properties, Inc., Tilton Super K v. IEPA – The Board accepted for hearing this underground storage tank appeal involving a Vermillion County facility.
      6. First National Bank of Barry 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 Cass County facility.
      7. Peacock Oil Company v. IEPA – The Board directed petitioner to file an amended petition to cure noted deficiencies on or before July 6, 2009, or this action will be subject to dismissal.
    21. AS 09-2
    22. Adjournment
 
June 4, 2009
Chicago Office
100 W. Randolph Street
Chicago, IL
Room 9-040
11:00 a.m.
A
NNOUNCEMENTS
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 May 21, 2009 open meeting and May 28, 2009 closed deliberative session
were approved by a vote of 5-0.
ILLINOIS POLLUTION CONTROL BOARD
M
EETING MINUTES
 
2
RULEMAKINGS
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
R09-21
In the Matter of: Ameren Ash Pond Closure Rules (Hutsonville
Power Station)Proposed: 35 Ill. Adm. Code Part 840.101 and
840.144 – No action taken.
Land
ADJUSTED STANDARDS
AS 09-4
In the Matter of: Petition of Royal Fiberglass Pools, Inc. for an
Adjusted Standard from 35 IAC 215.301 – The Board accepted
for hearing petitioner’s
April 3, 2009 petition for an adjusted
standard. The Board granted petitioner’s motion to allow Dale A.
Guariglia and Brandon W. Neuschafer to appear
pro hac vice
, but
denied the motion for expedited consideration.
5-0
Air
ADMINISTRATIVE CITATIONS
AC 06-39
AC 06-40
AC 06-41
AC 07-25
(cons.)
City of Chicago Department of Environment v. Speedy Gonzalez
Landscaping, Inc.
City of Chicago Department of Environment v. Jose R. Gonzalez
City of Chicago Department of Environment v. 1601-1759 East
130th Street, LLC
City of Chicago Department of Environment v. 1601-1759 East
130th Street, LLC – The Board entered a final opinion and order
requiring respondents to pay hearing costs of the Board. In AC
06-40, the Board assessed Mr. Gonzalez the statutory civil
penalty of $6,000 for the four violations, as well as hearing costs
totaling $1,340.40, for a total amount due of $7,340.40. In AC
06-41, the Board assessed 130th LLC the statutory civil penalty
of $6,000 for the four violations, as well as hearing costs totaling
$1,189.40, for a total amount due of $7,189.40. This order
follows the Board's interim order of March 19, 2009, which found
that these respondents had violated Sections 21(p)(1), (p)(2),
(p)(3), and (p)(7)(i) of the Act in AC 06-40 and in AC 06-41 (415
ILCS 5/21(p)(1), (p)(2), (p)(3), (p)(7)(i) (2006)).
5-0
 
3
AC 06-50
IEPA v. Mark Gates– The Board entered a final opinion and order
requiring Mark Gates to pay hearing costs of the Illinois
Environmental Protection Agency and the Board in the amount of
$317.91 and a civil penalty of $3,000. This order follows the
Board's interim order of April 2, 2009, which found that this
respondent had violated Sections 21(p)(1) and (p)(7) of the Act
(415 ILCS 5/21(p)(1), (p)(7) (2006)).
5-0
AC 09-8
County of Jackson v. Dan Kimmel – The Board entered an
interim opinion and order finding respondent violated Sections
21(p)(1) (a second adjudicated violation) and (p)(7) of the Act
(415 ILCS 5/21(p)(1), (p)(7) (2006)) and assessed a penalty of
$4,500. The Board ordered the Clerk of the Board and the
County of Jackson to file within 30 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 09-40
IEPA v. Thomas and Valerie Hill – The Board accepted Thomas
Hill’s petition for review, but directed respondents to file an
amended petition to cure deficiencies on or before July 6, 2009.
5-0
AC 09-46
IEPA v. C. John Blickhan – No action taken.
AC 09-47
IEPA v. D & B. Refuse Service, Inc. and Steve Loveall – The
Board accepted an administrative citation against these
Moultrie County respondents.
AC 09-48
IEPA v. Montel & Aneita Metzger – The Board accepted an
administrative citation against these Woodford County
respondents.
AC 09-49
IEPA v. Ameren Energy Generating Company, Ameren
Corporation and Jerry Simpson – The Board accepted an
administrative citation against these Fulton County respondents.
AC 09-50
IEPA v. Floyd Burns – The Board accepted an administrative
citation against this Franklin 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.
–
In this water
enforcement action concerning a Rock Island County facility, the
Board granted complainant’s motion for summary judgment on
Counts III and IV of the complaint, finding respondent
CrossTowne Place Development, LLC. (CrossTowne) has
violated Sections 12(a) and 12(f) of the Environmental Protection
Act (Act) (415 ILCS 5/12(a) and 12(f) (2006)) and Sections
309.102(a) of the Board’s water pollution regulations (35 Ill.
Adm. Code 309.102(a). The Board ordered the respondent to pay
a total civil penalty of $15,000.00, to cease and desist from
further violations, and remediate flooding of neighboring
property.
5-0
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 08-86
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
 
5
PCB 09-3
People of the State of Illinois v. Praedium Development
Corporation and Plaza Excavating, 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 Lake 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 – The Board
granted respondent’s motion to dismiss complainant’s complaint
as frivolous.
5-0
A-E
PCB 09-67
Prime Location Properties, LLC v. IEPA – No action taken.
UST Appeal
PCB 09-87
Dickerson Petroleum, Inc. v. IEPA – The Board accepted
petitioner’s amended petition for hearing in this underground
storage tank appeal involving a St. Clair County facility.
5-0
UST Appeal
PCB 09-102
Peter Arendovich v. the Illinois State Toll Highway Authority –
No action taken.
N-E
PCB 09-110
People of the State of Illinois v. E. F. Heil, LLC,– The Board
accepted for hearing this land enforcement action involving a site
located in Kankakee County.
5-0
L-E
PCB 09-111
L. Keller Oil Properties, Inc., Tilton Super K v. IEPA – The
Board accepted for hearing this underground storage tank appeal
involving a Vermillion County facility.
5-0
UST Appeal
PCB 09-112
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)).
5-0
T-C, W
PCB 09-113
First National Bank of Barry 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 Cass County facility.
5-0
UST Appeal
90-Day Extension
 
6
PCB 09-114
Peacock Oil Company v. IEPA – The Board directed petitioner to
file an amended petition to cure noted deficiencies on or before
July 6, 2009, or this action will be subject to dismissal.
5-0
UST Appeal
CASES PENDING DECISION
R09-11
In the Matter of: City of Galva Site Specific Water Quality Standard
for Boron Discharges to Edwards River and Mud Creek: 35 Ill. Adm.
Code 303.447 and 303.448
– Proposed Rule, Second Notice
Water
R09-16
RCRA Subtitle C (Hazardous Waste) Update, USEPA Amendments
(July 1, 2008 through December 31, 2008)
– Proposed for Public Comment, Opinion & Order
Land
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
•
Board Order Requesting Parties to Address Authority Issue
(2/5)
•
Petitioner’s Brief (3/30)
•
Brief of Illinois Environmental Protection Agency (4/27)
•
Petitioner’s Reply Brief (5/18)
•
Petitioner’s Motion to Expedite (6/1)
– Order
Land
OTHER ITEMS
The Board granted Chairman’s motion to change the following Closed
Deliberative Session Dates: from Friday, April 30, 2010 to Thursday,
April 29, 2010, from Friday, September 10, 2010 to Thursday, September
9, 2010, and from Friday, September 24, 2010 to Thursday, September
23, 2010.
5-0
ADJOURNMENT
Moved and seconded, by a vote of 5-0, Chairman Girard adjourned the meeting at 11:24 a.m.
7
I, John T. Therriault, Assistant Clerk of the Illinois Pollution Control Board, certify that the
Board approved the above minutes on June 18, 2009, by a vote of 5-0.
John T. Therriault, Assistant Clerk
Illinois Pollution Control Board

Back to top