November 19, 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. Chairman Girard welcomed
    Member Carrie Zalewski to the Board. The Chairman also stated that Board Member Zalewski
    is a graduate of Chicago-Kent College of Law and she has a B.S. in Engineering from the
    University of Illinois. Board Member Zalewski joins the Board from her previous position as an
    environmental compliance attorney with the Illinois Department of Transportation.
    ROLL CALL
    The Assistant Clerk of the Board called the roll. All five Board Members answered present.
    APPROVAL OF MINUTES
    The minutes of the November 5, 2009 open meeting and November 12, 2009 closed deliberative
    session were approved by a vote of 4-0. Member Zalewski abstained.
    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
    ADJUSTED STANDARDS
    NONE
    ADMINISTRATIVE CITATIONS
    AC 10-3
    IEPA v. Les Curtis – The Board accepted respondent’s amended
    petition for hearing.
    4-0
    Member
    Zalewski
    abstained
    AC 10-4
    County of Ogle v. Kathy Knutson, Steve Knutson, and Dan
    Bocker – The Board found that Bocker defaulted by failing to
    timely to file a petition for review and denied Kathy Knutson
    and Steve Knutson (the Knutsons) motion to dismiss. The Board
    accepted for hearing the Knutsons’ petition for review. The
    Board will reserve issuing a final order regarding Bocker until
    the Board makes its final decision regarding the Knutsons.
    4-0
    Member
    Zalewski
    abstained
    AC 10-5
    County of Jackson v. Gary Clover – The Board directed
    respondent to file an amended petition for review on or before
    December 21, 2009, or this action will be subject to dismissal.
    4-0
    Member
    Zalewski
    abstained
    AC 10-6
    IEPA v. Larry M. Ison (IEPA No. 282-09-AC) – The Board
    accepted an administrative citation against this Jefferson County
    respondent.
    AC 10-7
    IEPA v. Larry M. Ison (IEPA No. 281-09-AC) – The Board
    accepted an administrative citation against this Jefferson County
    respondent.
    AC 10-8
    IEPA v. Info Corner Materials, Inc. – The Board accepted an
    administrative citation against this Sangamon County
    respondent.
    3
    A
    DJUDICATORY CASES
    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 07-113
    Rochelle Waste Disposal, L.L.C. v. The City of Rochelle, an
    Illinois Municipal Corporation and The Rochelle City Council –
    The Board consistent with Appellate Court order modified its
    order of January 24, 2008.
    4-0
    Member Zalewski
    abstained
    P-C-F-S-R
    PCB 07-146
    Fox Moraine, LLC v. United City of Yorkville, City Council:
    Kendall County, Intervenor – No action taken.
    P-C-F-S-R
    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 09-31
    People of the State of IL v. James Buysee, d/b/a J & B
    Landscaping
    –
    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 Rock Island County facility, the Board ordered
    publication of the required newspaper notice.
    4-0
    Member Zalewski
    abstained
    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
    PCB 09-104
    People of the State of Illinois v. Village of Rockton – Upon
    receipt of an amended 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.
    4-0
    Member Zalewski
    abstained
    W-E
    4
    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
    – The Board granted petitioners’ motion for a stay of the permit.
    No action was taken on petitioners’ motions to intervene and to
    appear
    pro hac vice
    .
    4-0
    Member Zalewski
    abstained
    P-A, Air
    PCB 10-30
    ExxonMobil Oil Corporation v. IEPA – The Board accepted for
    hearing this permit appeal involving a Will County facility. No
    action was taken on petitioner’s motion to stay the effectiveness
    of the contested permit condition.
    4-0
    Member Zalewski
    abstained
    P-A, Water
    PCB 10-31
    Veolia ES Valley View Landfill, Inc. v. County Board of Macon
    County, Illinois – The Board accepted for hearing this pollution
    control facility siting appeal involving a Macon County facility.
    4-0
    Member Zalewski
    abstained
    P-C-F-S-R
    PCB 10-32
    Highland Baking Company v. IEPA – The Board accepted for
    hearing this permit appeal involving a Cook County facility. No
    action was taken on motion for a partial stay of the construction
    permit.
    4-0
    Member Zalewski
    abstained
    P-A, Air
    PCB 10-33
    Cancer Treatment Centers of America, Inc. v. IEPA – The Board
    accepted for hearing this underground storage tank appeal
    involving a Lake County facility.
    4-0
    Member Zalewski
    abstained
    UST Appeal
    PCB 10-34
    Jones Service Station v. IEPA – The Board accepted for hearing
    this underground storage tank appeal involving an Alexander
    County facility.
    4-0
    Member Zalewski
    abstained
    UST Appeal
    5
    CASES PENDING DECISION
    R09-16/
    R10-4
    (cons.)
    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)
    •
    Proposed Rule, Proposal for Public Comment, Opinion & Order
    Land
    OTHER ITEMS
    ADJOURNMENT
    Moved and seconded, by a vote of 5-0, Chairman Girard adjourned the meeting at 11:18 a.m.
    I, John T. Therriault, Assistant Clerk of the Illinois Pollution Control Board, certify that the
    Board approved the above minutes on December 3, 2009, by a vote of 5-0.
    John T. Therriault, Assistant Clerk
    Illinois Pollution Control Board

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