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
R06-20
R06-22
R08-19
R09-22
R10-2
R10-3
R10-5
R10-6
AS 09-2
AC 06-39
AC 06-40
AC 06-41
AC 07-25
PCB 97-193
1. PMA & Associates, Inc. v. IEPA – No action taken.
United City of Yorkville v. Hamman Farms – No action taken.
1. Prime Location Properties, LLC v. IEPA – in an interim opinion and order, the Board denied petitioner’s motion requesting sanctions against the Illinois Environmental Protection Agency (Agency) and the Agency’s motion to dismiss. The Board reversed the Agency’s January 27, 2009 determination and remanded the matter to the Agency to undertake actions consistent with its opinion. Petitioner may file its statement of legal fees by September 21, 2009, and the Agency may respond within 14 days.
BP Products North America, Inc. - Main Plant v. IEPA – Having previously granted a request for a 90-day extension, the Board dismissed this matter because no underground storage tank appeal was filed on behalf of this facility located in Madison County.
1. Prairie Rivers Network and Sierra Club v. IEPA and Hillsboro Energy, LLC – The Board granted Hillsboro Energy LLC’s motions to allow Brian Glasser and Jonathan Boggs to appear pro hac vice.
2. Jon Chualovsky v. Commonwealth Edison – No action taken.
3. People of the State of Illinois v. Eco-Clean Environmental, Inc. now d/b/a Eco Environmental, Inc. – The Board accepted for hearing this land enforcement action involving a site located in Montgomery County.
4. People of the State of Illinois v. Village of Kinsman – 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 Grundy County facility, the Board ordered publication of the required newspaper notice.
Adjournment

August 20, 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

ANNOUNCEMENTS

Chairman Girard welcomed members of the public and staff. The Chairman then thanked Legal

Externs Nicole Mayer from Chicago-Kent Law School and William Schubert from Loyola Law

School for their valuable contributions to the Board, wishing them well in their future endeavors.

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

APPROVAL OF MINUTES

The minutes of the August 6, 2009 open meeting and the August 12, 2009 closed deliberative

session (reconvened on August 18, 2009) were approved by a vote of 5-0.

ILLINOIS POLLUTION CONTROL BOARD

RULEMAKINGS

In the Matter of: Proposed Amendments to the Board's Special

Waste Regulations Concerning Used Oil, 35 Ill. Adm. Code

808,809 – The Board adopted a second first notice opinion and

order in this rulemaking to amend the Board’s regulations

concerning special waste classifications and tracking

requirements as they pertain to used oil recycling.

In the Matter of: NOx Trading Program: Amendments to 35 Ill.

Adm. Code Part 217– The Board denied the motions of the

Illinois Environmental Regulatory Group (IERG) for emergency

rulemaking and for expedited review of the alternate rulemaking

proposal. The Board directed the Illinois Environmental

Protection Agency to file a status report in 60 days in this docket,

and stated that any new proposal from IERG would be handled in

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 final opinion and order in this

rulemaking amending the Board’s air pollution control

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

Rule of General Applicability Under 415 ILCS 5/22.2b(a)3 – The

Board granted the Illinois Environmental Protection Agency’s

motion to dismiss the petition.

UIC Update, USEPA Amendments (January 1, 2009 through

June 30, 2009) – The Board dismissed this reserved identical-in-

substance docket because the United States Environmental

Protection Agency did not amend its underground injection

control regulations during the update period of January 1, 2009

through June 30, 2009.

RCRA Subtitle D (Municipal Solid Waste Landfill) Update,

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

The Board dismissed this reserved identical-in-substance docket

because the United States Environmental Protection Agency did

not amend its municipal solid waste landfill regulations during

the update period of January 1, 2009 through June 30, 2009.

UST Update, USEPA Amendments (January 1, 2009 through

June 30, 2009) – The Board dismissed this reserved identical-in-

substance docket because the United States Environmental

Protection Agency did not amend its underground storage tank

regulations during the update period of January 1, 2009 through

Wastewater Pretreatment Update, USEPA Amendments (January

1, 2009 through June 30, 2009) – The Board dismissed this

reserved identical-in-substance docket because the United States

Environmental Protection Agency did not amend its exemptions

from the definition of wastewater pretreatment regulations during

the update period of January 1, 2009 through June 30, 2009.

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 – The

Board denied petitioner’s motion for reconsideration of its June

18, 2009 order.

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.

DJUDICATORY CASES

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

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

Pruim – The Board previously found in its Oct. 3, 2002 and Apr.

5, 2001 orders that Community Landfill Corporation (CLC) had

violated numerous sections of the Environmental Protection Act

(ACT) and the Board’s regulations.

People v. Community

Landfill Company, Inc., PCB 97-193 (Apr. 5, 2001)) and People

v. Community Landfill Company, Inc., PCB 97-193 (Oct. 3,

2002)). In its final opinion and order in this consolidated matter,

the Board found respondents CLC and Edward Pruim and Robert

Pruim (collectively the Pruims) committed additional violations

of the Act and the Board’s regulations. The Board ordered CLC

and the Pruims to pay a civil penalty of $250,000 and to cease and

desist from further violations. The Board also affirmed the

hearing officer’s December 2, 2008 ruling.

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

Inc. and City of Morris – No action taken.

Indian Creek Development Company and the Chicago Title and

Trust Company v. The Burlington Northern Santa Fe Railway

Company – No action taken.

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 – The Board denied

respondent’s motion to sever the alleged violations.

City of Quincy v. IEPA – No action taken.

United City of Yorkville v. Hamman Farms

No action taken.

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

LLC v. County Board of Kendall County

The Board granted

petitioner’s motion for voluntary dismissal of this pollution

control facility siting appeal, making all other pending motions

Prime Location Properties, LLC v. IEPA – in an interim opinion

and order, the Board denied petitioner’s motion requesting

sanctions against the Illinois Environmental Protection Agency

(Agency) and the Agency’s motion to dismiss. The Board

reversed the Agency’s January 27, 2009 determination and

remanded the matter to the Agency to undertake actions

consistent with its opinion. Petitioner may file its statement of

legal fees by September 21, 2009, and the Agency may respond

within 14 days.

Peter Arendovich v. the Illinois State Toll Highway Authority –

No action taken.

BP Products North America, Inc. - Main Plant v. IEPA

previously granted a request for a 90-day extension, the Board

dismissed this matter because no underground storage tank appeal

was filed on behalf of this facility located in Madison County.

Prairie Rivers Network and Sierra Club v. IEPA and Hillsboro

Energy, LLC – The Board granted Hillsboro Energy LLC’s

motions to allow Brian Glasser and Jonathan Boggs to appear

Jon Chualovsky v. Commonwealth Edison – No action taken.

People of the State of Illinois v. Eco-Clean Environmental, Inc.

now d/b/a Eco Environmental, Inc. – The Board accepted for

hearing this land enforcement action involving a site located in

Montgomery County.

People of the State of Illinois v. Village of Kinsman – 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 Grundy County facility,

the Board ordered publication of the required newspaper notice.

CASES PENDING DECISION

OTHER ITEMS

ADJOURNMENT

Moved and seconded, by a vote of 5-0, Chairman Girard adjourned the meeting at 11:26 a.m.

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

Board approved the above minutes on September 3, 2009, by a vote of 4-0.

John T. Therriault, Assistant Clerk

Illinois Pollution Control Board