June 18, 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.

ROLL CALL

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

APPROVAL OF MINUTES

The minutes of the June 4, 2009 open meeting were approved by a vote of 5-0. The minutes of

the June 11, 2009 closed deliberative session were approved by a vote of 4-0, Chairman Girard

abstained.

ILLINOIS POLLUTION CONTROL BOARD

M

EETING MINUTES

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2

RULEMAKINGS

R09-10

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

Control of Emissions From Large Combustion Sources (Mercury

Monitoring) – The Board adopted a final opinion and order in

this rulemaking amending the Board’s air pollution control

regulations.

5-0

Air

R09-11

In the Matter of: Proposed Site Specific Rule Applicable to the

City of Galva Sewage Treatment Plants Discharge to Edwards

River and Mud Run Creek, 35 Ill. Adm. Code 302.208(g) – The

Board adopted a second notice opinion and order in this

rulemaking proposal to amend the Board’s water pollution control

regulations.

4-0

Member Lin

abstained

Water

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 – The Board accepted for hearing petitioner’s May 19,

2009 proposal to amend the Board’s land pollution control

regulations. The Board granted petitioner’s motion to waive

requirement to submit 200 signatures but

denied the motion for

expedited consideration.

Land

5-0

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 – The

Board dismissed this request for an adjusted standard petition,

finding that the Board lacks the authority to grant an adjusted

standard as requested by petitioner.

4-1

Member

Johnson

dissented

Land

ADMINISTRATIVE CITATIONS

AC 09-9

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

Board entered a final opinion and order requiring respondents to

pay hearing costs of the County of Jackson and the Board in the

amount of $161.08 and a civil penalty of $3,000. This order

follows the Board's interim order of April 16, 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 09-39

IEPA v. Donald Sapp – No action taken.

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3

AC 09-40

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

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 09-41

IEPA v. Mark A. Lewis – The Board accepted respondent’s

petition for review, but directed respondent to file an amended

petition to cure deficiencies on or before July 6, 2009.

5-0

AC 09-43

IEPA v. The Blickhan Family Corporation, Inc. & Blick's

Construction Co. Inc – The Board accepted for hearing

respondents’ petition for review of this administrative citation

involving an Adams County facility.

5-0

AC 09-44

IEPA v. Gordon Investment Group, LLC – The Board accepted

for hearing respondents’ petition for review of this administrative

citation involving a McDonough County facility.

5-0

AC 09-46

IEPA v. C. John Blickhan – The Board accepted for hearing

respondent’s petition for review of this administrative citation

involving an Adams County facility. The Board granted

respondent’s motion to consolidate AC 09-46 with AC 07-24 and

AC 08-19.

5-0

AC 09-51

IEPA v. Springfield Iron & Metal Co., Inc. and Russell & Evelyn

Weller – The Board accepted an administrative citation against

these Sangamon County respondents.

AC 09-52

County of LaSalle v. Ernest W. Foster – The Board accepted an

administrative citation against this LaSalle County respondent.

AC 09-53

IEPA v. Marty D. Leigh and Peggy J. Leigh – The Board

accepted an administrative citation against these Clay County

respondents.

AC 09-54

IEPA v. Richard A. & David J. Krumholz d/b/a Krumholz

Brothers Landscaping – The Board accepted an administrative

citation against these Peoria County respondents.

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4

A

DJUDICATORY CASES

PCB 03-191

People of The State of Illinois v. Community Landfill Company,

Inc. and City of Morris – The Board had previously found in its

February 16, 2006 interim opinion and order that Community

Landfill Corporation (CLC) and the City of Morris (City) violated

Section 21(d)(2) of the Act (415 ILCS 5/21(d)(2) (2004)), and

Sections 811.700(f) and 811.712(b) of the Board’s regulations.

35 Ill. Adm. Code 811.700(f), 811.712(b). In its final opinion and

order, the Board respondents, within 60 days, to file

$17,427,366.00 in financial assurance, and to update cost

estimates. The Board also ordered CLC to pay a civil penalty of

$1,059,534.70 and the City to pay a civil penalty in the amount of

$399,308.98, and to cease and desist from further violations.

5-0

L-E

Blankenship

concurred

PCB 04-215

PCB 04-216

Commonwealth Edison Company v. IEPA

Midwest Generation EME, LLC v. IEPA v. IEPA – No action

taken.

T-S

Air

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 – The Board granted

complainant’s motion to strike the affirmative defenses and

granted in part and denied in part respondent’s request for leave

to amend the answer.

5-0

Citizens

L, 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

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5

PCB 08-96

United City of Yorkville v. Hamman Farms

–

The Board found

that complainant’s amended complaint is neither duplicative nor

frivolous and accepted the amended complaint for hearing.

5-0

A,L,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 09-62

John Tarkowski v. IEPA – No action taken.

P-A, Land

PCB 09-66

Elmhurst Memorial Healthcare and Elmhurst Memorial Hospital

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

Citizens, L-E

PCB 09-67

Prime Location Properties, LLC v. IEPA – No action taken.

UST Appeal

PCB 09-92

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

The Board granted petitioner’s motion for a partial stay of the

construction permit.

5-0

P-A, Air

PCB 09-102

Peter Arendovich v. the Illinois State Toll Highway Authority –

The Board granted respondent’s motion for extension of time to

file a motion to dismiss the complaint.

5-0

N-E

PCB 09-115

Clark Kelly – Biggsville v. IEPA – Upon receipt of the Illinois

Environmental Protection Agency’s recommendation, the Board

found and certified that specified facilities of Clark Kelly –

Biggsville located in Henderson 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 09-116

Voss Farm - Carlyle v. IEPA – Upon receipt of the Illinois

Environmental Protection Agency’s recommendation, the Board

found and certified that specified facilities of Voss Farm - Carlyle

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)).

5-0

T-C, W

PCB 09-117

Baker Farms - Maquon v. IEPA – Upon receipt of the Illinois

Environmental Protection Agency’s recommendation, the Board

found and certified that specified facilities of Baker Farms -

Maquon located in Knox 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

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6

PCB 09-118

JS Finishing, LLC - Alexis v. IEPA – Upon receipt of the Illinois

Environmental Protection Agency’s recommendation, the Board

found and certified that specified facilities of JS Finishing, LLC -

Alexis located in Mercer 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 09-119

Frank Hopkins, Jr. - Gibson v. IEPA – Upon receipt of the Illinois

Environmental Protection Agency’s recommendation, the Board

found and certified that specified facilities of Frank Hopkins, Jr. -

Gilson located in Knox 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 09-120

Mage Farms, LLC - v. IEPA – Upon receipt of the Illinois

Environmental Protection Agency’s recommendation, the Board

found and certified that specified facilities of Mage Farms, LLC

located in Henderson 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 09-121

Holesinger Farms, Inc - Fulton v. IEPA – Upon receipt of the

Illinois Environmental Protection Agency’s recommendation, the

Board found and certified that specified facilities of Holesinger

Farms, Inc - Fulton located in Whiteside 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 09-122

Osco/Henry Service Company 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 Henry County facility.

5-0

UST Appeal

90-Day Extension

PCB 09-123

2001 Oil Company v. IEPA – The Board accepted for hearing this

underground storage tank appeal involving a Cook County

facility.

5-0

UST Appeal

PCB 09-124

Milliman Pork v. IEPA – Upon receipt of the Illinois

Environmental Protection Agency’s recommendation, the Board

found and certified that specified facilities of Milliman Pork

located in Jasper 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

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7

PCB 09-125

Sanitary District of Decatur v. IEPA – The Board accepted this

request for variance involving a Macon County facility, and is

awaiting the Illinois Environmental Protection Agency’s

recommendation.

5-0

W-V

PCB 09-126

Alan Durkee Swine Farm - Stronghurst v. IEPA – Upon receipt

of the Illinois Environmental Protection Agency’s

recommendation, the Board found and certified that specified

facilities of Alan Durkee Swine Farm - Stronghurst located in

Henderson 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 09-127

SF Ventures, LLC - Gladstone v. IEPA – Upon receipt of the

Illinois Environmental Protection Agency’s recommendation, the

Board found and certified that specified facilities of SF Ventures,

LLC - Gladstone located in Henderson 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 09-128

Doug Holesinger - Union Grove (Property ID No. 07-01-300-008)

v. IEPA – Upon receipt of the Illinois Environmental Protection

Agency’s recommendation, the Board found and certified that

specified facilities of Doug Holesinger - Union Grove located in

Whiteside 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

CASES PENDING DECISION

R09-16

RCRA Subtitle C (Hazardous Waste) Update, USEPA Amendments

(July 1, 2008 through December 31, 2008)

– Proposed for Public Comment, Opinion & Order

Land

PCB 06-159

People of the State of Illinois v. Gary Simmons and Lawrence

County Disposal Centre, Inc.

-

Interim Opinion & Order

L-E

OTHER ITEMS

None

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8

ADJOURNMENT

Moved and seconded, by a vote of 5-0, Chairman Girard adjourned the meeting at 11:33 a.m.

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

Board approved the above minutes on July 23, 2009, by a vote of 5-0.

John T. Therriault, Assistant Clerk

Illinois Pollution Control Board