1. Announcements
    2. Roll Call
    3. Approval of Minutes
    4. R 09-16
    5. R09-20
    6. R10-8
    7. AC 10-2
    8. PCB 97-193
      1. PMA & Associates, Inc. v. IEPA – No action taken.
      2. People of the State of Illinois, ex rel. Lisa Madigan, Attorney General of the State of Illinois v. Union Pacific Railroad Company – No action taken.
    9. United City of Yorkville v. Hamman Farms – No action taken.
      1. People of the State of Illinois v. Montalbano Builder’s 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.
      2. Elmhurst Memorial Healthcare and Elmhurst Memorial Hospital v. Chevron U.S.A., Inc. – No action taken.
      3. Prime Location Properties, LLC v. IEPA – No action taken.
    10. Peter Arendovich v. the Illinois State Toll Highway Authority – No action taken.
      1. City of Chicago Department of General Services 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 Cook 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. Western Sand & Gravel Company, LLC – The Board accepted for hearing this land enforcement action involving a site located in LaSalle County.
      5. United States Steel Corporation, a Delaware corporation v. IEPA – The Board accepted for hearing this permit appeal involving a Madison County facility. No action was taken on petitioner’s motion for partial stay of specified conditions in the construction permit.
      6. Nathan Holesinger - Fulton v. IEPA – Upon receipt of the Illinois Environmental Protection Agency’s recommendation, the Board found and certified that specified facilities of Nathan Holesinger located in Whiteside County are pollution control facilities for the purpose of preferential tax treatment under the Property Tax Code (35 ILCS 200/11-10 (2008)).
    11. Adjournment
 
October 15, 2009
Chicago Office
100 W. Randolph Street
Chicago, IL
Room 0-025
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 October 1, 2009 open meeting and October 8, 2009 closed deliberative
session were approved by a vote of 5-0.
ILLINOIS POLLUTION CONTROL BOARD
M
EETING MINUTES
 
2
RULEMAKINGS
R 09-16
R10-4
RCRA Subtitle C (Hazardous Waste) Update, USEPA
Amendments (July 1, 2008 through December 31, 2008)
RCRA Subtitle C (Hazardous Waste) Update, USEPA
Amendments (January 1, 2009 through June 30, 2009) – The
Board on its own motion consolidated these “identical-in-
substance” rulemaking to amend the Board’s wastewater
pretreatment and extended the deadline for completion of
amendments to April 15, 2010.
5-0
Land
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 final opinion and
order in this rulemaking to amending 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 – The Board granted the
Illinois Environmental Protection Agency’s motion to amend the
proposal.
5-0
Air
ADJUSTED STANDARDS
NONE
ADMINISTRATIVE CITATIONS
AC 10-2
IEPA v. City of Salem, John Pruden, Jason Bruce, and Lee
Owens – No action taken.
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
 
3
PCB 04-102
Emerald Performance Materials, L.L.C. (as purchaser of Noveon,
Inc.) v. IEPA – The Board found that the Illinois Environmental
Protection Agency improperly included in the November 23, 2003
Clean Air Act Permit Program (CAAPP) permit issued to
Emerald for the Henry plant various conditions stating, or
premised on, applicability of 35 Ill. Adm. Code 214.301 to
Emerald’s MBT-C process and condensers. The Board remanded
the CAAPP permit for expeditious re-issuance.
5-0
P-A, Water
PCB 06-77
People of the State of Illinois v. Dennis K. Stiegemeier, d/b/a
I.L.C. Development – In this water enforcement action
concerning a Macoupin 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 $2,500, and to cease and
desist from further violations.
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 08-7
People of the State of Illinois, ex rel. Lisa Madigan, Attorney
General of the State of Illinois v. Union Pacific Railroad
Company – 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 09-30
People of the State of Illinois v. Montalbano Builder’s 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 09-66
Elmhurst Memorial Healthcare and Elmhurst Memorial Hospital
v. Chevron U.S.A., Inc. – No action taken.
Citizens, L-E
PCB 09-67
Prime Location Properties, LLC v. IEPA – No action taken.
UST Appeal
 
4
PCB 09-69
People of the State of Illinois v. Par Development, Inc. – In this
land enforcement action concerning a McHenry 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
W-E
PCB 09-102
Peter Arendovich v. the Illinois State Toll Highway Authority
–
No action taken.
Citizens, N-E
PCB 10-2
City of Chicago Department of General Services 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 Cook 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 10-22
People of the State of Illinois v. Western Sand & Gravel
Company, LLC – The Board accepted for hearing this land
enforcement action involving a site located in LaSalle County.
5-0
L-E
PCB 10-23
United States Steel Corporation, a Delaware corporation v. IEPA
– The Board accepted for hearing this permit appeal involving a
Madison County facility. No action was taken on petitioner’s
motion for partial stay of specified conditions in the construction
permit.
5-0
P-A, Air
PCB 10-24
Nathan Holesinger - Fulton v. IEPA – Upon receipt of the Illinois
Environmental Protection Agency’s recommendation, the Board
found and certified that specified facilities of Nathan Holesinger
located in Whiteside County are pollution control facilities for the
purpose of preferential tax treatment under the Property Tax Code
(35 ILCS 200/11-10 (2008)).
5-0
T-C, W
 
5
CASES PENDING DECISION
OTHER ITEMS
ADJOURNMENT
Moved and seconded, by a vote of 5-0, Chairman Girard adjourned the meeting at 11:20 a.m.
I, John T. Therriault, Assistant Clerk of the Illinois Pollution Control Board, certify that the
Board approved the above minutes on November 5, 2009, by a vote of 5-0.
John T. Therriault, Assistant Clerk
Illinois Pollution Control Board

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