1. Announcements
    2. Roll Call
    3. Approval of Minutes
    4. R 06-22
    5. R09-21
    6. R10-7
    7. R10-8
    8. AC 06-39
    9. AC 06-40
    10. AC 06-41
    11. AC 07-25
    12. AC 08-16
    13. AC 09-44
    14. AC 10-3
    15. PCB 97-193
      1. PMA & Associates, Inc. v. IEPA – No action taken.
      2. Fox Moraine, LLC v. United City of Yorkville, City Council: Kendall County, Intervenor – Finding the proceedings were fundamentally fair, the Board affirmed the May 24, 2007 decision of United City of Yorkville, City Council denying Fox Moraine LLC’s request for siting of a pollution control facility.
    16. 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.
    17. Peter Arendovich v. the Illinois State Toll Highway Authority – No action taken.
      1. People of the State of Illinois v. Village of Rockton – 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 Winnebago County facility, the Board ordered publication of the required newspaper notice.
    18. People of the State of Illinois v. E. F. Heil, LLC – In this land enforcement action concerning a Kankakee 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 $20,000, and to cease and desist from further violations.
      1. Osco/Henry Service Company 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 Henry County.
      2. Spirit Energy, L.L.C. 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 Jackson County.
      3. 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.
      4. Jon Chualovsky v. Commonwealth Edison – No action taken.
      5. People of the State of Illinois v. Seating Concepts, Inc. – The Board accepted for hearing this air enforcement action involving a site located in Will County.
    19. RCRA Subtitle C (Hazardous Waste) Update, USEPA Amendments (July 1, 2008 through December 31, 2008)
    20. Emerald Performance Materials, L.L.C. (as purchaser of Noveon, Inc.) v. IEPA
    21. Adjournment
 
October 1, 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 17, 2009 open meeting and September 29, 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
R09-21
In the Matter of: Ameren Ashpond Closure Rules (Hutsonville
Power Station)Proposed: 35 Ill. Adm. Code 840.101 through
840.144 – The Board granted the Illinois Environmental
Protection Agency’s motion for waiver of filing requirements of
materials for incorporation by reference.
5-0
land
R10-7
Definition of VOM Update, USEPA Amendments (January 1,
2009 through June 30, 2009) – – The Board adopted a proposal
for public comment in this “identical-in-substance” consolidated
rulemaking to amend the Board’s volatile organic emission
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
 
3
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 – The Board denied the joint motions for
reconsideration and for stay filed by Jose R. Gonzalez and 1601-
1759 East 130th Street, LLC. Respondents have 45 days, or until
November 16, 2009, to pay civil penalty previously ordered. In
AC 06-40, the Board assessed Mr. Gonzalez the statutory civil
penalty of $6,000 for the four violations, as well as hearing costs
totaling $1,340.40, for a total amount due of $7,340.40. In AC
06-41, the Board assessed 130th LLC the statutory civil penalty
of $6,000 for the four violations, as well as hearing costs totaling
$1,189.40, for a total amount due of $7,189.40.
5-0
AC 08-16
IEPA v. Gene Breeden – In response to a joint stipulation and
settlement agreement in this administrative citation action
involving a Iroquois County facility, the Board found that
respondent violated Section 21(p)(7) of the Environmental
Protection Act (415 ILCS 5/21(p)(7) (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)(3) of the Act (415 ILCS 5/21(p)(1),(p)(3) (2008)).
5-0
AC 09-44
IEPA v. Gordon Investment Group – In response to a joint
stipulation and settlement agreement in this administrative
citation action involving a McDonough 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)).
5-0
AC 10-3
IEPA v. Les Curtis – The Board accepted respondent’s petition
for review, but directed respondent to file another amended
petition to cure deficiencies on or before November 2, 2009.
5-0
 
4
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 – No action taken.
L-E
PCB 06-82
People of the State of Ilinois v. Barger Engineering, Inc., – 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 $50,000, and to cease and desist from further violations. In
addition, Barger Engineering agreed to perform a Supplemental
Environmental Project consisting of a $20,000 donation to the
Illinois Petroleum Resources Board to fund cleanups of
abandoned oil production sites.
5-0
W-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 07-146
Fox Moraine, LLC v. United City of Yorkville, City Council:
Kendall County, Intervenor – Finding the proceedings were
fundamentally fair, the Board affirmed the May 24, 2007 decision
of United City of Yorkville, City Council denying Fox Moraine
LLC’s request for siting of a pollution control facility.
5-0
P-C-F-S-R
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 09-66
Elmhurst Memorial Healthcare and Elmhurst Memorial Hospital
v. Chevron U.S.A., Inc. – No action taken.
Citizens, L-E
PCB 09-102
Peter Arendovich v. the Illinois State Toll Highway Authority
–
No action taken.
Citizens, N-E
 
5
PCB 09-104
People of the State of Illinois v. Village of Rockton – 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 Winnebago County
facility, the Board ordered publication of the required newspaper
notice.
5-0
W-E
PCB 09-110
People of the State of Illinois v. E. F. Heil, LLC – In this land
enforcement action concerning a Kankakee 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 $20,000, and to cease and desist from further violations.
5-0
L-E
PCB 09-122
Osco/Henry Service Company 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 Henry County.
5-0
UST Appeal
PCB 09-130
Spirit Energy, L.L.C. 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 Jackson County.
5-0
UST Appeal
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 10-21
People of the State of Illinois v. Seating Concepts, Inc. – The
Board accepted for hearing this air enforcement action involving
a site located in Will County.
5-0
A-E
 
6
CASES PENDING DECISION
R09-16
RCRA Subtitle C (Hazardous Waste) Update, USEPA Amendments
(July 1, 2008 through December 31, 2008)
–
Rule Completion Deadline Extension Order
Land
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 5-0, Chairman Girard adjourned the meeting at 11:21 a.m.
I, John T. Therriault, Assistant Clerk of the Illinois Pollution Control Board, certify that the
Board approved the above minutes on October 15, 2009, by a vote of 5-0.
John T. Therriault, Assistant Clerk
Illinois Pollution Control Board

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