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

November 5, 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.

Chairman Girard announced that Member Shundar Lin will be leaving the Board November 15,

2009. The Chairman expressed the Board’s gratitude for Dr. Lin's service to the Board over the

past year. His engineering background and attention to detail have been great assets. The

Chairman wished Dr. Lin well in his next endeavors.

APPROVAL OF MINUTES

The minutes of the October 15, 2009 open meeting and October 29, 2009 closed deliberative

session were approved by a vote of 5-0.

ILLINOIS POLLUTION CONTROL BOARD

EETING MINUTES

RULEMAKINGS

R 06-22

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

Adm. Code Part 217 – No action taken.

Air

R09-9

In the Matter of: Proposed Amendments to Tiered Approach to

Corrective Action Objectives (35 Ill. Adm. Code 742) – The

Board granted the Illinois Environmental Protection Agency’s

unopposed motion for partial stay of the R09-9 TACO

rulemaking. Specifically, this is a 12-month stay of the portion of

the rulemaking that pertains to vapor intrusion.

5-0

Land

R10-10

In the Matter of: Reasonably Available Control Technology

(RACT) for Volatile Organic Material Emissions From Group III

Consumer & Commercial Products: Proposed Amendments to

35 Il. Adm. Code 218 and 219 – The Board accepted for hearing

the Illinois Environmental Protection Agency’s October 23, 2009

proposal to amend the Board’s air regulations under the fast track

rulemaking procedures of Section 28.5 of the Act. The Board

granted petitioner’s motion to waive specified copy requirement.

The Board authorized first-notice publication of the proposal

without comment on the proposal’s merits, and directed the

hearing officer to set hearings under the fast track timetable.

5-0

Air

ADJUSTED STANDARDS

NONE

ADMINISTRATIVE CITATIONS

AC 9-2

IEPA v. Bradley & Carol Corzine – In response to a joint

stipulation and settlement agreement in this administrative

citation action involving a Union County facility, the Board found

that respondents had violated Section 21(p)(1) of the

Environmental Protection Act (415 ILCS 5/21(p)(1) (2008)) and

ordered respondents to pay a civil penalty of $1,500. The Board

also dismissed respondents’ petition for review and the alleged

violation of 415 ILCS 5/21(p) (7) (2008).

5-0

AC 10-2

IEPA v. City of Salem, John Pruden, Jason Bruce, and Lee

Owens – The Board dismissed this administrative citation for

failure to serve respondents the citation within 60 days after the

date of the observed violation.

5-0

AC 10-4

County of Ogle v. Kathy Knutson, Steve Knutson, and Dan

Bocker – No action taken.

AC 10-5

County of Jackson v. Gary Clover – The Board accepted an

administrative citation against this Jackson County respondent.

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 denied respondents’ motions to reconsider its

August 20, 2009 opinion and order.

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 in their entirety both

respondents’ motions for stay of the Board’s June 18, 2009 order,

after granting the City’s motion for leave to file a reply instanter.

5-0

L-E

PCB 06-144

People of the State of Illinois v. Golden Bag Company – In this

air enforcement action concerning a Kane 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 $20,000, and to cease and desist from further violations.

5-0

A-E

PCB 06-159

People of the State of Illinois v. Gary Simmons, individually, and

Lawrence County Disposal Centre, Inc., – In this order, the Board

ordered the Lawrence County Disposal Centre, Inc. (Disposal

Centre) to pay an additional $32,164 which is the time use value

of $118,421.90 to recoup the economic benefit earned through

non-compliance. The Board ordered the Gary Simmons to pay an

additional $3,573 which is the time use value of $118,421.90 to

recoup the economic benefit earned through non-compliance. The

Board also ordered respondents to reimburse complainant for

legal costs of $1,540. The Board previously, in an interim opinion

and order dated July 23, 2009, the Board found that respondents

had violated Sections 9(a), 21(d)(1) and (d)(2), and 22.17(a) and

(b) of the Environmental Protection Act (415 ILCS 5/9(a), 21 (d)(

1) and (d)(2), and 22.17(a) and (b) (2008)), 35 Ill. Adm. Code

745.201(b); 811.109(a); 811.111(c)(1)(A), (c)(2), and (c)(5);

811.310(c); 811.312(c); 811.315(e)(1)(G); 811.319(a), (a)(1),

(a)(2), and (a)(3); 811 .320(d)(1); 813.501; and 813.502(a) of the

Boards regulations. The Board assessed civil penalties of $10,000

against Disposal Centre and $1,000 against Gary Simmons

individually.

5-0

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 07-47

People of the State of Illinois v. City of Pekin – 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 Tazewell County facility, the

Board ordered publication of the required newspaper notice.

5-0

L -E

PCB 07-63

PMA & Associates, Inc. v. IEPA – No action taken.

UST Appeal

PCB 07-68

People of the State of Illinois v. Chippewa Loft, LLC – 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 Madison County facility,

the Board ordered publication of the required newspaper notice.

5-0

A -E

PCB 07-70

People of the State of Illinois v. J. B. Timmermann Farms, Ltd. –

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 Clinton

County facility, the Board ordered publication of the required

newspaper notice.

5-0

W-E

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 08-103

KCBX Terminals Company v. IEPA – The Board granted this

Cook County facility’s motion for voluntary dismissal of this

permit appeal.

5-0

P-A, Air

PCB 09-40

People of the State of Illinois v. Illinois Valley Paving Company,

Inc.

–

In this air enforcement action concerning a Peoria County

facility, the Board granted complainant’s motion for voluntary

dismissal of count II of the complaint and 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. The Board ordered respondent to pay a

total civil penalty of $20,000, and to cease and desist from further

violations.

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 – The Board ordered the

Illinois Environmental Protection Agency (Agency) to reimburse

petitioner for legal costs of $10,088.18 from the Underground

Storage Fund. The Board previously, in an interim opinion and

order dated August 20, 2009, denied petitioner’s motion

requesting sanctions against the Agency and the Agency’s motion

to dismiss. The Board also reversed the Agency’s January 27,

2009 determination and remanded the matter to the Agency to

undertake actions consistent with its opinion.

5-0

UST Appeal

PCB 09-102

Peter Arendovich v. the Illinois State Toll Highway Authority

–

No action taken.

Citizens, N-E

PCB 09-104

People of the State of Illinois v. Village of Rockton – No action

taken.

W-E

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 10-12

People of the State of Illinois v. Hicks Oils & Hicksgas, Inc., –

No action taken.

W-E

PCB 10-13

Jon Chualovsky v. Commonwealth Edison – No action taken.

Citizens, N-E

PCB 10-23

United States Steel Corporation, a Delaware corporation v. IEPA

– No action taken.

P-A, Air

PCB 10-25

Currier Farms v. IEPA – Upon receipt of the Illinois

Environmental Protection Agency’s recommendation, the Board

found and certified that specified facilities of Currier Farms

located in Bureau 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

PCB 10-26

Warrenville/Phillips Petroleum Company v. IEPA – The Board

ordered petitioner to file an amended petition to cure noted

deficiencies on or before December 7, 2009, or the petition would

be subject to dismissal.

5-0

UST Appeal

PCB 10-27

Lockport/ConocoPhillips v. IEPA – The Board ordered petitioner

to file an amended petition to cure noted deficiencies on or before

December 7, 2009, or the petition would be subject to dismissal.

5-0

UST Appeal

PCB 10-28

New Horizon Pork, LLC - Roanoke v. IEPA – Upon receipt of the

Illinois Environmental Protection Agency’s recommendation, the

Board found and certified that specified facilities of New Horizon

Pork, LLC located in Woodford 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

PCB 10-29

People of the State of Illinois v. Waste Management of Illinois,

Inc., a subsidiary of Waste Management, Inc. – Upon receipt of a

complaint accompanied by a proposed stipulation and settlement

agreement and an agreed motion to request relief from the hearing

requirement in this water enforcement action involving a Knox

County facility, the Board accepted the case and ordered

publication of the required newspaper notice.

5-0

W-E

CASES PENDING DECISION

OTHER ITEMS

ADJOURNMENT

Moved and seconded, by a vote of 5-0, Chairman Girard adjourned the meeting at 11:37 a.m.

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

Board approved the above minutes on November 19, 2009, by a vote of 4-0, Member Zalewski

abstained.

John T. Therriault, Assistant Clerk

Illinois Pollution Control Board