1. Announcements
    2. Roll Call
    3. Approval of Minutes
    4. AC 06-39
    5. AC 06-40
    6. AC 06-41
    7. AC 07-25
    8. AC 09-12
    9. AC 09-41
    10. AC 09-50
    11. AC 09-52
    12. AC 10-1
    13. AC 10-3
      1. PMA & Associates, Inc. v. IEPA – No action taken.
    14. United City of Yorkville v. Hamman Farms – No action taken.
      1. Elmhurst Memorial Healthcare and Elmhurst Memorial Hospital v. Chevron U.S.A., Inc. – No action taken.
    15. People of the State of Illinois v. E. F. Heil, LLC – Upon receipt of a proposed stipulation and settlement agreement and an agreed motion to request relief from the hearing requirement in this land enforcement action involving a Kankakee County facility, the Board ordered publication of the required newspaper notice.
      1. Jon Chualovsky v. Commonwealth Edison – No action taken.
      2. Detrex Corporation 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.
      3. Hydromet Environmental, Inc. v. IEPA – The Board granted this request for a 90-day extension of time to file a permit appeal on behalf of this Douglas County facility.
      4. People of the State of Illinois v. Schauble Development, LLC – The Board accepted for hearing this water enforcement action involving a site located in Tazewell County.
    16. Emerald Performance Materials, L.L.C. (as purchaser of Noveon, Inc.) v. IEPA
    17. Adjournment
 
September 3, 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. Four Board Members answered present,
Member Moore was not in attendance.
APPROVAL OF MINUTES
The minutes of the August 20, 2009 open meeting were approved by a vote of 4-0.
ILLINOIS POLLUTION CONTROL BOARD
M
EETING MINUTES
 
2
RULEMAKINGS
NONE
ADJUSTED STANDARDS
NONE
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 09-12
IEPA v. George R. Ford – In response to a joint stipulation and
settlement agreement in this administrative citation action
involving a Fulton County facility, the Board found that
respondent violated Section 21(p)(3) of the Environmental
Protection Act (415 ILCS 5/21(p)(3) (2008)) and ordered
respondent to pay a civil penalty of $1,500. The Board also
granted the parties’ joint motion to dismiss respondent’s petition
for review and the alleged violation of Sections 21(p)(1) and
(p)(7) of the Act (415 ILCS 5/21(p)(1),(p)(7) (2008)).
4-0
AC 09-41
IEPA v. Mark A. Lewis – The Board accepted for hearing
respondent’s second amended petition for review of this
administrative citation involving a Clay County facility.
4-0
AC 09-50
IEPA v. Floyd Burns – The Board found that this Franklin
County respondent violated Sections 21(p)(1) and (p)(7) of the
Act (415 ILCS 5/21(p)(1),(p)(7) (2008)), and ordered respondent
to pay a civil penalty of $3,000.
4-0
AC 09-52
County of LaSalle v. Ernest W. Fost – The Board granted
complainant’s motion for voluntary dismissal of this
administrative citation.
4-0
 
3
AC 10-1
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 found that these Sangamon County respondents
violated Sections 21(p)(1) of the Act (415 ILCS 5/21(p)(1)
(2008)), and ordered respondents to pay a civil penalty of $1,500.
4-0
AC 10-3
IEPA v. Les Curtis – The Board accepted an administrative
citation against this Alexander County respondent.
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 06-82
People of the State of Ilinois v. Barger Engineering, 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 White County facility,
the Board ordered publication of the required newspaper notice.
4-0
W-E
PCB 06-144
People of the State of Illinois v. Golden Bag Company – Upon
receipt of a proposed stipulation and settlement agreement and an
agreed motion to request relief from the hearing requirement in
this air enforcement action involving a Kane County facility, the
Board ordered publication of the required newspaper notice.
4-0
A-E
PCB 06-159
People of the State of Illinois v. Gary Simmons, individually, and
Lawrence County Disposal Centre, Inc., – Referred to hearing
officer for disposition.
4-0
L-E
PCB 07-44
Indian Creek Development Company and the Chicago Title and
Trust Company v. The Burlington Northern Santa Fe Railway
Company – No action taken.
L, W-E,
Citizens
PCB 07-63
PMA & Associates, Inc. v. IEPA – No action taken.
UST Appeal
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
 
4
PCB 09-40
People of the State of Illinois v. Illinois Valley Paving Company,
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 Peoria
County facility, the Board ordered publication of the required
newspaper notice. The Board also directed the complainant to
file an amended complaint or an amended stipulation and
proposal for settlement addressing the inconsistency between the
complaint and the stipulation and proposal for settlement.
4-0
W-E
PCB 09-66
Elmhurst Memorial Healthcare and Elmhurst Memorial Hospital
v. Chevron U.S.A., Inc. – No action taken.
Citizens, L-E
PCB 09-109
Mertz Motor Co. 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 St.Clair County.
4-0
UST Appeal
PCB 09-110
People of the State of Illinois v. E. F. Heil, LLC – Upon receipt of
a proposed stipulation and settlement agreement and an agreed
motion to request relief from the hearing requirement in this land
enforcement action involving a Kankakee County facility, the
Board ordered publication of the required newspaper notice.
4-0
L-E
PCB 10-13
Jon Chualovsky v. Commonwealth Edison – No action taken.
Citizens, N-E
PCB 10-16
Detrex Corporation 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.
4-0
P-A, Land
90-Day Extension
PCB 10-17
Hydromet Environmental, Inc. v. IEPA – The Board granted this
request for a 90-day extension of time to file a permit appeal on
behalf of this Douglas County facility.
4-0
P-A, Land
90-Day Extension
PCB 10-18
People of the State of Illinois v. Schauble Development, LLC –
The Board accepted for hearing this water enforcement action
involving a site located in Tazewell County.
4-0
W-E
CASES PENDING DECISION
R06-20
In the Matter of: Nitrogen Oxide (NOx) Trading Program Sunset
Provisions for Electric Generating Units (EGU's): New 35 Ill. Adm.
Code 217.75
Air
 
5
– Proposed Rule, Second Notice, Opinion & Order
PCB 04-102
Emerald Performance Materials, L.L.C. (as purchaser of Noveon, Inc.)
v. IEPA
–
Opinion & Order
P-A,
Air
OTHER ITEMS
ADJOURNMENT
Moved and seconded, by a vote of 4-0, Chairman Girard adjourned the meeting at 11:17 a.m.
I, John T. Therriault, Assistant Clerk of the Illinois Pollution Control Board, certify that the
Board approved the above minutes on September 17, 2009, by a vote of 4-0.
John T. Therriault, Assistant Clerk
Illinois Pollution Control Board

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