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
R07-19
R08-19
R09-16
R09-22
R10-1
R10-2
R10-3
R10-4
R10-5
R10-6
R10-7
R10-8
AS 09-2
AS 09-3
AS 09-4
AC 06-39
AC 06-40
AC 06-41
AC 07-25
AC 09-39
AC 09-40
AC 09-41
AC 09-42
AC 09-45
AC 09-47
AC 09-48
AC 09-49
AC 09-51
AC 09-52
AC 09-53
AC 09-54
AC 09-55
AC 09-56
AC 10-1
1. PMA & Associates, Inc. v. IEPA – No action taken.
2. People of the State of Illinois v. Rupe Contracting, Inc. and John A. Rupe, individually and as owner and operator of Rupe Contracting, 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 Bureau County facility, the Board ordered publication of the required newspaper notice.
United City of Yorkville v. Hamman Farms – No action taken.
1. People of the State of Illinois v. Praedium Development Corporation and Plaza Excavating, Inc. – In this water enforcement action concerning a Lake 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 $40,000, and to cease and desist from further violations.
2. People of the State of Illinois v. James R. Cantrell – 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 White County facility, the Board ordered publication of the required newspaper notice.
3. People of the State of Illinois v. Richard King, Kay King, and Isaac King – 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 Sangamon County facility, the Board ordered publication of the required newspaper notice.
4. People of the State of Illinois v. Whalen Manufacturing Company and Yetter Manufacturing Company – In this water enforcement action concerning a McDonough 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 $20,000 ($10,000 each), and to cease and desist from further violations.
5. Waste Management of Illinois, Inc. and Kendall Land and Cattle, LLC v. County Board of Kendall County – No action taken.
6. People of the State of Illinois v. Birds Pinkstaff Water District – Upon receipt of a proposed stipulation and settlement agreement and an agreed motion to request relief from the hearing requirement in this public water supply enforcement action involving a Lawrence County facility, the Board ordered publication of the required newspaper notice.
7. John Tarkowski v. IEPA – The Board denied petitioner’s motion to reconsider its May 21, 2009 order.
J. I. Corporation v. IEPA – Having previously granted a request for a 90-day extension, the Board dismissed this matter because no permit appeal was filed on behalf of this facility located in Boone County.
1. Elmhurst Memorial Healthcare and Elmhurst Memorial Hospital v. Chevron U.S.A., Inc. – No action taken.
People of the State of Illinois v. Reliable Sand & Gravel Co., Inc.,
1. Spirit Energy, L.L.C. 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 Jackson County facility.
People of the State of Illinois v. Mohammad Akrabawi, d/b/a Deerfield Crossings, LLC – The Board accepted for hearing this water enforcement action involving a site located in DeKalb County.
1. City of Chicago Department of General Services 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 Cook County facility.
2. Prairie Rivers Network and Sierra Club v. IEPA and Hillsboro Energy, LLC – The Board accepted for hearing this third party permit appeal involving a Montgomery County facility.
3. Keith & Kevin Erickson - Altona v. IEPA – Upon receipt of the Illinois Environmental Protection Agency’s recommendation, the Board found and certified that specified facilities of Keith & Kevin Erickson 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 (2008)).
4. Schroud Realty Group v. IEPA – No action taken.
Onken's Incorporated v. IEPA – The Board accepted for hearing this underground storage tank appeal involving a Mason County facility.
People of the State of Illinois v. Community Landfill Company, Inc.
PCB 97-193
Prime Location Properties, LLC v. IEPA (due August 6, 2009)
PCB 09-67
Adjournment

July 23, 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 June 18, 2009 open meeting and the July 16, 2009 closed deliberative session

were approved by a vote of 5-0.

ILLINOIS POLLUTION CONTROL BOARD

RULEMAKINGS

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 final opinion and

order in this rulemaking amending the Board’s air pollution

control regulations.

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 second notice opinion and order

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

control regulations.

RCRA Subtitle C (Hazardous Waste) Update, USEPA

Amendments (July 1, 2008 through December 31, 2008) – No

In the Matter of: Petition of Maximum Investments, LLC for a

Rule of General Applicability Under 415 ILCS 5/22.2b(a)3 – No

SDWA Update, USEPA Amendments (January 1, 2009 through

June 30, 2009) – The Board reserved this docket for a routine

update to make the Board rules “identical in substance” to United

States Environmental Protection Agency rules adopted during the

UIC Update, USEPA Amendments (January 1, 2009 through

June 30, 2009) – The Board reserved this docket for a routine

update to make the Board rules “identical in substance” to United

States Environmental Protection Agency rules adopted during the

RCRA Subtitle D (Municipal Solid Waste Landfill) Update,

USEPA Amendments (January 1, 2009 through June 30, 2009) –

The Board reserved this docket for a routine update to make the

Board rules “identical in substance” to United States

Environmental Protection Agency rules adopted during the

RCRA Subtitle C (Hazardous Waste) Update, USEPA

Amendments (January 1, 2009 through June 30, 2009) – The

Board reserved this docket for a routine update to make the

Board rules “identical in substance” to United States

Environmental Protection Agency rules adopted during the

UST Update, USEPA Amendments (January 1, 2009 through

June 30, 2009) – The Board reserved this docket for a routine

update to make the Board rules “identical in substance” to United

States Environmental Protection Agency rules adopted during the

Wastewater Pretreatment Update, USEPA Amendments (January

1, 2009 through June 30, 2009) – The Board reserved this docket

for a routine update to make the Board rules “identical in

substance” to United States Environmental Protection Agency

rules adopted during the update period.

Definition of VOM Update, USEPA Amendments (January 1,

2009 through June 30, 2009) – The Board reserved this docket

for a routine update to make the Board rules “identical in

substance” to United States Environmental Protection Agency

rules adopted during the update period.

In the Matter of: Reasonably Available Control Technology

(RACT) for Volatile Organic Material Emissions from Group II

Consumer & Commercial Products: Proposed Amendments to

35 Ill. Adm. Code 211, 218, and 219 – No action taken.

ADJUSTED STANDARDS

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

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 accepted petitioner’s amended

petition for an adjusted standard petition for its facility located at

4 Caine Drive, Madison, Madison County and directed the

Illinois Environmental Protection Agency to file its

recommendation.

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

Adjusted Standard from 35 Ill. Adm. Code 215.301 – No action

ADMINISTRATIVE CITATIONS

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 – No action taken.

IEPA v. Donald Sapp – The Board accepted for hearing

respondent’s petition for review of this administrative citation

involving a Pike County facility.

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

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

amended petition for review, but directed respondent to file

another amended petition to cure deficiencies on or before August

IEPA v. Brian Collins – The Board found that this Franklin

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) (2008)), and ordered respondent to pay a civil penalty

IEPA v. Stanley Mouser – The Board dismissed respondent’s

petition for review as untimely filed. The Board found that this

Alexander County respondent violated Sections 21(p)(1) and

(p)(7) of the Environmental Protection Act (415 ILCS

5/21(p)(1),(p)(7) (2008)), and ordered respondent to pay a civil

penalty of $3,000.

IEPA v. D & B Refuse Service, Inc. and Steve Loveall – The

Board accepted for hearing respondents’ petition for review of

this administrative citation involving a Moultrie County facility.

IEPA v. Montel & Aneita Metzger – The Board accepted for

hearing respondents’ petition for review of this administrative

citation involving a Woodford County facility.

IEPA v. Ameren Energy Generating Company, Ameren

Corporation and Jerry Simpson – No action taken.

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

Weller – The Board found that these Sangamon County

respondents violated Sections 21(p)(1) of the Environmental

Protection Act (415 ILCS 5/21(p)(1) (2008)). Because there is

one violation of Section 21(p) and this violation is a second or

subsequent adjudicated violation, the Board ordered respondents

to pay a civil penalty of $3,000.

County of LaSalle v. Ernest W. Foster – The Board directed

respondent to file an amended petition for review on or before

August 24, 2009, or this action will be subject to dismissal.

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

that these Clay County respondents violated Sections 21(p)(1)

and (p)(5) of the Environmental Protection Act (415 ILCS

5/21(p)(1),(p)(5) (2008)), and ordered respondents to pay a civil

penalty of $3,000.

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

Brothers Landscaping – The Board accepted for hearing

respondents’ petition for review of this administrative citation

involving a Peoria County facility.

IEPA v. Jason D. & Angela R. Marrs d/b/a Marrs Hauling

Landscaping & More – The Board accepted an administrative

citation against these Champaign County respondents.

IEPA v. Gary J. and James R. Szczeblewski – The Board

accepted an administrative citation against these Franklin County

IEPA v. Jess Spradlin d/b/a Spradlin Mobile Home Sales and

Drewnard Woods and Kris Warren d/b/a W&W Auto Service –

The Board accepted an administrative citation against these

Sangamon County respondents.

DJUDICATORY CASES

Commonwealth Edison Company v. IEPA

Midwest Generation EME, LLC v. IEPA v. IEPA – The Board

granted parties joint motion to consolidate these two trade secret

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

Environmental Health and Safety – The Board granted

complainant’s motion for summary judgment. The Board found

that respondent had violated Sections 9(a) and 9.1(d)(1) of the

Environmental Protection Act (415 ILCS 5/9(a) and 9.1(d)(1)

(2008)); 35 Ill. Adm. Code 201.141; and 40 C.F.R. 61.145(b)(1),

(b)(3)(iv), (b)(4)(vi), (c)(3), and (c)(6)(i) and 61.150(a)(1) and (b).

Respondent was ordered to pay a civil penalty of $56,500.00.

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

County Disposal Centre, Inc. – In this interim opinion and order,

the Board found that respondents had violated Sections 9(a),

21(d)(1) and (d)(2), and 22.17(a) and (b) of the Environmental

Protection Act (415 ILCS 5/9(a), 21 (d)( 1) and (d)(2), and

22.17(a) and (b) (2008)), 35 Ill. Adm. Code 745.201(b);

811.109(a); 811.111(c)(1)(A), (c)(2), and (c)(5); 811.310(c);

811.312(c); 811.315(e)(1)(G); 811.319(a), (a)(1), (a)(2), and

(a)(3); 811 .320(d)(1); 813.501; and 813.502(a) of the Boards

regulations. The Board assessed civil penalties of $10,000 against

Lawrence County Disposal Centre, Inc. (Disposal Centre), $1,000

against Gary Simmons individually. The Board assessed the time

use value $118,421.90 against the Disposal Centre to recoup the

economic benefit earned through non-compliance. On or before

August 27, 2009, complainant must file an affidavit of attorney

fees and calculate time use value; any response is due within 21

days of receipt of the affidavit of attorney fees.

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.

Anne McDonagh and David Fishbaum v. Richard Michelon and

Amy Michelon – The Board granted complainants’ motion to

People of the State of Illinois v. Rupe Contracting, Inc. and John

A. Rupe, individually and as owner and operator of Rupe

Contracting, 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 Bureau County facility, the Board ordered publication

of the required newspaper notice.

City of Quincy v. IEPA – No action taken.

United City of Yorkville v. Hamman Farms

No action taken.

People of the State of Illinois v. Praedium Development

Corporation and Plaza Excavating, Inc. – In this water

enforcement action concerning a Lake 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 $40,000, and to cease

and desist from further violations.

People of the State of Illinois v. James R. Cantrell – 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 White County facility, the

Board ordered publication of the required newspaper notice.

People of the State of Illinois v. Richard King, Kay King, and

Isaac King – 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 Sangamon County facility, the Board ordered

publication of the required newspaper notice.

People of the State of Illinois v. Whalen Manufacturing Company

and Yetter Manufacturing Company – In this water enforcement

action concerning a McDonough 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 $20,000 ($10,000 each),

and to cease and desist from further violations.

Ameren Energy Generating Companyv. IEPA

No action taken.

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

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

People of the State of Illinois v. Birds Pinkstaff Water District –

Upon receipt of a proposed stipulation and settlement agreement

and an agreed motion to request relief from the hearing

requirement in this public water supply enforcement action

involving a Lawrence County facility, the Board ordered

publication of the required newspaper notice.

John Tarkowski v. IEPA – The Board denied petitioner’s motion

to reconsider its May 21, 2009 order.

J. I. Corporation v. IEPA – Having previously granted a request

for a 90-day extension, the Board dismissed this matter because

no permit appeal was filed on behalf of this facility located in

Elmhurst Memorial Healthcare and Elmhurst Memorial Hospital

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

Ameren Energy Generating Company and Gibson City Power

Plant v. IEPA – The Board granted petitioners’ motion for a

partial stay of the construction permit.

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

Midwest Electric Power, Inc. v. IEPA – The Board granted

petitioners’ motion for a partial stay of the construction permit.

Ameren Energy Generating Company and Venice Power Plant v.

IEPA – The Board granted petitioners’ motion for a partial stay of

the construction permit.

Holland Energy, LLC v. IEPA – The Board granted petitioner’s

motion for a partial stay of the construction permit.

Ameren Energy Generating Company and Elgin Energy Center v.

IEPA – The Board granted petitioners’ motion for a partial stay of

the construction permit.

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

granted petitioners’ motion for a partial stay of the construction

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

Power Plant v. IEPA – The Board granted petitioners’ motion for

a partial stay of the construction permit.

Union Electronic Company d/b/a Amerenue and Kinmundy

Power Plant v. IEPA – The Board granted petitioners’ motion for

a partial stay of the construction permit.

Ameren Energy Generating Company and Grand Tower Power

Plant v. IEPA – The Board granted petitioners’ motion for a

partial stay of the construction permit.

Peacock Oil Company v. IEPA – The Board accepted for hearing

this underground storage tank appeal involving a Cook County

2001 Oil Company v. IEPA – The Board directed petitioner to file

an amended petition to cure noted deficiencies on or before July

20, 2009, or this action will be subject to dismissal.

People of the State of Illinois v. Reliable Sand & Gravel Co., Inc.,

– The Board accepted for hearing this land enforcement action

involving a site located in McHenry County.

Spirit Energy, L.L.C. 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 Jackson County facility.

People of the State of Illinois v. Mohammad Akrabawi, d/b/a

Deerfield Crossings, LLC

The Board accepted for hearing this

water enforcement action involving a site located in DeKalb

Weeke Oil Company v. IEPA – The Board accepted for hearing

this underground storage tank appeal involving a Washington

County facility.

City of Chicago Department of General Services 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 Cook

County facility.

Prairie Rivers Network and Sierra Club v. IEPA and Hillsboro

Energy, LLC – The Board accepted for hearing this third party

permit appeal involving a Montgomery County facility.

Keith & Kevin Erickson - Altona v. IEPA – Upon receipt of the

Illinois Environmental Protection Agency’s recommendation, the

Board found and certified that specified facilities of Keith &

Kevin Erickson 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 (2008)).

Dickerson Petroleum, Inc. v. IEPA – The Board accepted for

hearing this underground storage tank appeal involving a St. Clair

County facility. No action was taken on petitioner’s motion to

consolidate with PCB 09-87.

Schroud Realty Group v. IEPA – No action taken.

Onken's Incorporated v. IEPA – The Board accepted for hearing

this underground storage tank appeal involving a Mason County

CASES PENDING DECISION

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

– Final Opinion & Order

People of the State of Illinois v. Community Landfill Company, Inc.

People of the State of Illinois v. Edward Pruim and Robert Pruim -

Opinion & Order

Prime Location Properties, LLC v. IEPA (due August 6, 2009)

Respondent’s Motion to Dismiss April 20, 2009 Amended

Petition (5/26)

Petitioner’s Response in Opposition to Motion to Dismiss (6/4)

Petitioner’s Brief 6/29)

Agency’s Response to Petitioner’s Post-Hearing Brief (7/6)

Petitioner’s Reply Brief (713)

Final Opinion & Order

OTHER ITEMS

The Board granted the Chairman’s Motion under Section 2-06(c) of

the Open Meeting Act (5 ILCS 120/2.06(c)) to continue to preserve

only written minutes of closed Board deliberative sessions

occurring on or before December 31, 2007, and to approve

destruction of verbatim tape recordings of meetings held: July 19,

August 2, August 30, September 13, September 27, October 11,

October 25, November 8, November 29, and December 27, 2007.

The Board granted the Chairman’s Motion under Section 2.06(d) of

the Open Meetings Act (5 ILCS 120/2.06(d)) to continue to keep

confidential minutes of closed Board meetings occurring between

January 1, 2009 through June 30, 2009.

ADJOURNMENT

Moved and seconded, by a vote of 5-0, Chairman Girard adjourned the meeting at 11:44 a.m.

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

Board approved the above minutes on August 6, 2009, by a vote of 5-0.

John T. Therriault, Assistant Clerk

Illinois Pollution Control Board