1. Announcements
    2. Roll Call
    3. Approval of Minutes
    4. R 06-22
    5. R09-20
    6. R10-8
    7. AC 06-39
    8. AC 06-40
    9. AC 06-41
    10. AC 07-25
    11. AC 10-4
    12. PCB 97-193
      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. – In this water enforcement action concerning a Bureau 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 $2,835, and to cease and desist from further violations.
    13. United City of Yorkville v. Hamman Farms – No action taken.
      1. People of the State of Illinois v. James R. Cantrell – In this water enforcement action concerning a White 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 respondent to pay a total civil penalty of $12,000, and to cease and desist from further violations.
      2. People of the State of Illinois v. Richard King, Kay King, and Isaac King – In this air enforcement action concerning a Sangamon 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 $70,000, and to cease and desist from further violations.
      3. People of the State of Illinois v. Birds Pinkstaff Water District – In this public water supply enforcement action concerning a Lawrence 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 respondent to pay a total civil penalty of $1,620, and to cease and desist from further violations.
      4. Elmhurst Memorial Healthcare and Elmhurst Memorial Hospital v. Chevron U.S.A., Inc. – No action taken.
    14. Peter Arendovich v. the Illinois State Toll Highway Authority – No action taken.
      1. First National Bank of Barry 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 Cass County.
      2. 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 – No action taken.
      3. Jon Chualovsky v. Commonwealth Edison – No action taken.
      4. People of the State of Illinois v. Village of Kinsman – In this water enforcement action concerning a Grundy 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 respondent to pay a total civil penalty of $376.34, and to cease and desist from further violations.
      5. People of the State of Illinois v. Marathon Tire Service of Olney, Inc., – The Board accepted for hearing this land enforcement action involving a site located in Richland County.
      6. People of the State of Illinois v. Montalbano Builders, Inc. – The Board accepted for hearing this water enforcement action involving a site located in DeKalb County.
    15. Emerald Performance Materials, L.L.C. (as purchaser of Noveon, Inc.) v. IEPA
    16. Fox Moraine, LLC v. United City of Yorkville, City Council: Kendall County, Intervenor
    17. Adjournment
 
September 17, 2009
Chicago Office
100 W. Randolph Street
Chicago, IL
Room 9-040
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 September 3, 2009 open meeting were approved by a vote of 4-0, Member
Moore abstained. The minutes of the September 10, 2009 closed deliberative session were
approved by a vote of 5-0.
ILLINOIS POLLUTION CONTROL BOARD
M
EETING MINUTES
 
2
RULEMAKINGS
R 06-22
In the Matter of: NOx Trading Program: Amendments to 35 Ill.
Adm. Code Part 217 – No action taken.
Air
R09-20
In the Matter of: Nitrogen Oxide (NOx) Trading Program Sunset
Provisions for Electric Generating Units (EGU's): New 35 Ill.
Adm. Code 217.751 – The Board adopted a second notice
opinion and order in this rulemaking to amend the Board’s air
pollution control regulations.
5-0
Air
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 – No action taken.
Air
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 10-4
County of Ogle v. Kathy Knutson, Steve Knutson, and Dan
Bocker – The Board accepted an administrative citation against
these Ogle County respondents.
 
3
A
DJUDICATORY CASES
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 – The Board granted respondents’ motion to modify the
Board’s August 20, 2009 order, extending the payment date to
October 1, 2009.
5-0
L-E
PCB 03-191
People of The State of Illinois v. Community Landfill Company,
Inc. and City of Morris – The Board denied respondents’ motions
for reconsideration. Respondents have 60 days, or until November
16, 2009, to file $17,427,366.00 in financial assurance, and to
update cost estimates. The Board also had previously ordered
Community Landfill Company to pay a civil penalty of
$1,059,534.70 and the City of Morris to pay a civil penalty in the
amount of $399,308.98 within 60 days.
5-0
L-E
PCB 07-14
Conocophillips Company v. IEPA – The Board granted this
DuPage County facility’s motion for voluntary dismissal of this
underground storage tank appeal.
5-0
UST Appeal
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 08-83
People of the State of Illinois v. Rupe Contracting, Inc. and John
A. Rupe, individually and as owner and operator of Rupe
Contracting, Inc. – In this water enforcement action concerning a
Bureau 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 $2,835, and to cease and desist from further
violations.
5-0
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
 
4
PCB 09-23
People of the State of Illinois v. James R. Cantrell – In this water
enforcement action concerning a White 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
respondent to pay a total civil penalty of $12,000, and to cease
and desist from further violations.
5-0
W-E
PCB 09-27
People of the State of Illinois v. Richard King, Kay King, and
Isaac King – In this air enforcement action concerning a
Sangamon 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 $70,000, and to cease and desist
from further violations.
5-0
A-E
PCB 09-47
People of the State of Illinois v. Birds Pinkstaff Water District –
In this public water supply enforcement action concerning a
Lawrence 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 respondent
to pay a total civil penalty of $1,620, and to cease and desist from
further violations.
5-0
PWS-E
PCB 09-66
Elmhurst Memorial Healthcare and Elmhurst Memorial Hospital
v. Chevron U.S.A., Inc. – No action taken.
Citizens, L-E
PCB 09-69
People of the State of Illinois v. Par Development, 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 McHenry County
facility, the Board ordered publication of the required newspaper
notice.
5-0
W-E
PCB 09-102
Peter Arendovich v. the Illinois State Toll Highway Authority
–
No action taken.
Citizens, N-E
PCB 09-113
First National Bank of Barry 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 Cass County.
5-0
UST Appeal
 
5
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 – No action taken.
L-E
PCB 10-13
Jon Chualovsky v. Commonwealth Edison – No action taken.
Citizens, N-E
PCB 10-15
People of the State of Illinois v. Village of Kinsman – In this
water enforcement action concerning a Grundy 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 respondent to pay a total civil penalty
of $376.34, and to cease and desist from further violations.
5-0
W-E
PCB 10-19
People of the State of Illinois v. Marathon Tire Service of Olney,
Inc., – The Board accepted for hearing this land enforcement
action involving a site located in Richland County.
5-0
L-E
PCB 10-20
People of the State of Illinois v. Montalbano Builders, Inc. – The
Board accepted for hearing this water enforcement action
involving a site located in DeKalb County.
5-0
W-E
CASES PENDING DECISION
PCB 04-102
Emerald Performance Materials, L.L.C. (as purchaser of Noveon, Inc.)
v. IEPA
–
Opinion & Order
P-A,
Air
PCB 07-146
Fox Moraine, LLC v. United City of Yorkville, City Council: Kendall
County, Intervenor
–
Opinion & Order (decision due 10/1/09)
P-C-F-S-R
OTHER ITEMS
ADJOURNMENT
6
Moved and seconded, by a vote of 5-0, Chairman Girard adjourned the meeting at 11:23 a.m.
I, John T. Therriault, Assistant Clerk of the Illinois Pollution Control Board, certify that the
Board approved the above minutes on October 1, 2009, by a vote of 5-0.
John T. Therriault, Assistant Clerk
Illinois Pollution Control Board

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