1. Announcements
    2. Roll Call
    3. Approval of Minutes
    4. R06-22
    5. R09-11
    6. R09-22
    7. R10-8
    8. R10-9
    9. AS 09-2
    10. AS 09-4
    11. AC 06-39
    12. AC 06-40
    13. AC 06-41
    14. AC 07-25
    15. AC 07-30
    16. AC 09-8
    17. AC 09-40
    18. AC 09-49
    19. AC 09-55
    20. AC 09-56
    21. AC 10-2
      1. PMA & Associates, Inc. v. IEPA – No action taken.
    22. United City of Yorkville v. Hamman Farms – No action taken.
      1. Waste Management of Illinois, Inc. and Kendall Land and Cattle, LLC v. County Board of Kendall County – No action taken.
      2. Elmhurst Memorial Healthcare and Elmhurst Memorial Hospital v. Chevron U.S.A., Inc. – The Board granted the complainants’ motion for leave to file a reply and respondent’s motion for leave to file a sur-reply, reserving ruling on all other pending motions.
      3. Prairie Rivers Network and Sierra Club v. IEPA and Hillsboro Energy, LLC – No action taken.
      4. Schroud Realty Group v. IEPA – The Board declines to accept this petition and closed the docket, finding the Board lacks authority to review Agency decisions with respect to Freedom of Information Act requests.
      5. People of the State of Illinois v. Waste Hauling Landfill, Inc., Jerry Camfield, A. E. Staley Manufacturing Co., Archer Daniels Midland, Inc., Aramark Uniform Services, Inc., Bell Sports, Inc., Borden Chemical Co., Bridgestone/Firestone, Inc., Climate Control, Inc., Caterpillar, Inc., Combe Laboratories, Inc., General Electric Railcar Services Corporation, P & H Manufacturing, Inc., Trinity Rail Group, Inc., Tripple S Refining Corporation and Zexel Illinois, Inc – The Board accepted for hearing this land enforcement action involving a site located in Macon County.
      6. People of the State of Illinois v. Thermogas Company, Inc. d/b/a McLeansboro Thermogas – The Board accepted for hearing this water enforcement action involving a site located in Hamilton County.
      7. People of the State of Illinois v. Hicks Oils & Hicksgas, Inc., – The Board accepted for hearing this water enforcement action involving a site located in Tazewell County.
    23. In the Matter of: Nitrogen Oxides Emissions From Various Source Categories, Amendments to 35 Ill. Adm. Code Parts 211 and 217
    24. People of the State of Illinois v. Community Landfill Company, Inc.
    25. PCB 97-193
    26. Prime Location Properties, LLC v. IEPA (due August 20, 2009)
    27. PCB 09-67
    28. Adjournment
 
August 6, 2009
CHICAGO OFFICE
100 W. Randolph Street
Chicago, IL
Room 11-512
11:00 a.m.
ANNOUNCEMENTS
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 July 23, 2009 open meeting and the July 30, 2009 closed deliberative session
were approved by a vote of 5-0.
ILLINOIS POLLUTION CONTROL BOARD
M
EETING MINUTES
 
2
RULEMAKINGS
R06-22
In the Matter of: NOx Trading Program: Amendments to 35 Ill.
Adm. Code Part 217– The Board reserved ruling on the motions
of the
Illinois Environmental Regulatory Group (IERG) for
emergency rule and expedited action on the on the IERG’s
Alternative Proposal. The Board requested that responses to
comments on the motions be filed by August 13, 2009, and any
IERG response by August 17, 2009.
5-0
Air
R09-11
In the Matter of: City of Galva Site Specific Water Quality
Standard for Boron Discharges to Edwards River and Mud Run
Creek: 35 Ill. Adm. Code 303.447 and 303.448 – The Board
adopted a final opinion and order in this rulemaking amending
the Board’s water pollution control regulations.
4-0
Member Lin
abstained
Water
R09-22
In the Matter of: Petition of Maximum Investments, LLC for a
Rule of General Applicability Under 415 ILCS 5/22.2b(a)3 – No
action taken.
Land
R10-8
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 – The Board accepted for
hearing
Illinois Environmental Protection Agency’s July 9, 2009
proposal to amend the Board’s air pollution regulations. The Board
granted petitioner’s motion to waive requirement
and allowing
filing of reduced copies, but denied the motion for expedited
consideration.
5-0
Air
R10-9
In the Matter of: Financial Assurance Instruments--Renewal and
Terms: Amendments to 35 Ill. Adm. Code 807.Subpart F,
810.104 and 811.Subpart G – The Board accepted for hearing
Illinois Environmental Protection Agency’s July 27, 2009
proposal to amend the Board’s
non-hazardous waste landfill
regulations. The Board granted petitioner’s motion to waive
requirement
and allowing filing of reduced copies.
5-0
Land
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
 
3
AS 09-4
In the Matter of: Petition of Royal Fiberglass Pools, Inc. for an
Adjusted Standard from 35 Ill. Adm. Code 215.301 – The Board
accepted petitioner’s amended petition for hearing.
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 – No action taken.
AC 07-30
IEPA v. Bobby G. Myers and Donald D. Myers – The Board
entered a final opinion and order requiring respondents to pay
hearing costs of the Illinois Environmental Protection Agency and
the Board in the amount of $266.78 and a civil penalty of $3,000.
This order follows the Board's interim order of May 21, 2009,
which found that this respondents had violated Sections 21(p)(1)
and (3) of the Environmental Protection Act (Act) (415 ILCS
5/21(p)(1) and (3) (2008)).
5-0
AC 09-8
County of Jackson v. Dan Kimmel – The Board entered a final
opinion and order requiring respondent to pay hearing costs of the
County of Jackson and the Board in the amount of $120.93 and a
civil penalty of $4,500. This order follows the Board's interim
order of June 4, 2009, which found that this respondent had
violated Sections 21(p)(1) and (7) of the Environmental
Protection Act (Act) (415 ILCS 5/21(p)(1) and (7) (2008)).
5-0
AC 09-40
IEPA v. Thomas and Valerie Hill – The Board accepted
respondents’ amended petition for hearing.
5-0
AC 09-49
IEPA v. Ameren Energy Resources Generating Company – The
Board granted a motion to dismiss the originally named parties
and substitute Ameren Energy Resources Generating Company
(AERG) as sole respondent. The Board found that respondent
AERG violated Sections 21(o)(7), (9), and (11) of the
Environmental Protection Act (415 ILCS 5/21(o)(7), (9), and (11)
(2008)), and ordered respondent to pay a civil penalty of $1,500.
5-0
 
4
AC 09-55
IEPA v. Jason D. & Angela R. Marrs d/b/a Marrs Hauling
Landscaping & More – The Board accepted for hearing
respondents’ petition for review of this administrative citation
involving a Champaign County facility.
5-0
AC 09-56
IEPA v. Gary J. and James R. Szczeblewski – The Board
accepted for hearing respondents’ petition for review of this
administrative citation involving a Franklin County facility.
5-0
AC 10-2
IEPA v. City of Salem, John Pruden, Jason Bruce, and Lee
Owens – The Board accepted an administrative citation against
these Marion County respondents.
A
DJUDICATORY CASES
PCB 03-191
People of The State of Illinois v. Community Landfill Company,
Inc. and City of Morris – No action taken.
L-E
PCB 06-77
People of the State of Illinois v. Dennis K. Stiegemeier, d/b/a
I.L.C. Development – 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 Macoupin County facility, the Board ordered
publication of the required newspaper notice.
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
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
 
5
PCB 09-66
Elmhurst Memorial Healthcare and Elmhurst Memorial Hospital
v. Chevron U.S.A., Inc. – The Board granted the complainants’
motion for leave to file a reply and respondent’s motion for leave
to file a sur-reply, reserving ruling on all other pending motions.
5-0
Citizens, L-E
PCB 09-102
Peter Arendovich v. the Illinois State Toll Highway Authority –
No action taken.
Citizens, N-E
PCB 09-123
2001 Oil Company v. IEPA – The Board granted this Cook
County facility’s motion for voluntary dismissal of this
underground storage tank appeal.
5-0
UST Appeal
PCB 10-3
Prairie Rivers Network and Sierra Club v. IEPA and Hillsboro
Energy, LLC – No action taken.
NPDES -PA, 3
rd
Party
PCB 10-5
PCB 09-87
Dickerson Petroleum, Inc. v. IEPA – The Board granted
petitioner’s motion to consolidate PCB 09-87 and PCB 10-5 for
purpose of hearing.
5-0
UST Appeal
PCB 10-6
Schroud Realty Group v. IEPA – The Board declines to accept
this petition and closed the docket, finding the Board lacks
authority to review Agency decisions with respect to Freedom of
Information Act requests.
5-0
P-A, Land
PCB 10-8
People of the State of Illinois v. Don Swinson, and Champion
Environmental Services, Inc. – The Board accepted for hearing
this land enforcement action involving a site located in
Winnebago County.
5-0
L-E
PCB 10-9
People of the State of Illinois v. Waste Hauling Landfill, Inc.,
Jerry Camfield, A. E. Staley Manufacturing Co., Archer Daniels
Midland, Inc., Aramark Uniform Services, Inc., Bell Sports, Inc.,
Borden Chemical Co., Bridgestone/Firestone, Inc., Climate
Control, Inc., Caterpillar, Inc., Combe Laboratories, Inc., General
Electric Railcar Services Corporation, P & H Manufacturing, Inc.,
Trinity Rail Group, Inc., Tripple S Refining Corporation and
Zexel Illinois, Inc – The Board accepted for hearing this land
enforcement action involving a site located in Macon County.
5-0
L-E
PCB 10-10
People of the State of Illinois v. Thermogas Company, Inc. d/b/a
McLeansboro Thermogas – The Board accepted for hearing this
water enforcement action involving a site located in Hamilton
County.
5-0
W-E
 
6
PCB 10-11
Wisconsin Electric Power Company d/b/a We Energies v. IEPA
–
The Board accepted for hearing this request for appeal of Illinois
Environmental Protection Agency’s denial of a beneficial use
determination concerning a coal combustion by-product.
5-0
P-A, Land
PCB 10-12
People of the State of Illinois v. Hicks Oils & Hicksgas, Inc., –
The Board accepted for hearing this water enforcement action
involving a site located in Tazewell County.
5-0
W-E
CASES PENDING DECISION
R06-20
In the Matter of: Proposed Amendments to the Board's Special Waste
Regulations Concerning Used Oil, 35 Ill. Adm. Code 808,809
– First Notice, Opinion & Order
Water
R08-19
In the Matter of: Nitrogen Oxides Emissions From Various Source
Categories, Amendments to 35 Ill. Adm. Code Parts 211 and 217
•
On August 18 JCAR Agenda
–
Final Opinion & Order
Air
PCB 97-193
PCB 04-207
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
L-E
PCB 09-67
Prime Location Properties, LLC v. IEPA (due August 20, 2009)
-
Opinion & Order
UST Appeal
OTHER ITEMS
The Board granted the Chairman’s motion to change the August 13,
2009 closed deliberative session to August 12, 2009 at 10:00 am.
5-0
ADJOURNMENT
Moved and seconded, by a vote of 5-0, Chairman Girard adjourned the meeting at 11:28 a.m.
7
I, John T. Therriault, Assistant Clerk of the Illinois Pollution Control Board, certify that the
Board approved the above minutes on August 20, 2009, by a vote of 5-0.
John T. Therriault, Assistant Clerk
Illinois Pollution Control Board

Back to top