December 3, 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 November 19, 2009 open meeting 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
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) – No
action taken.
Land
ADJUSTED STANDARDS
NONE
ADMINISTRATIVE CITATIONS
NONE
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 November 5, 2009 order, modifying the order to direct
the payment of the civil penalty by January 5, 2010, unless the
payment is stayed by either the Board or the Appellate Court.
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 – In this water
enforcement action concerning a Tazewell 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) (2008)), accepted a stipulation and settlement
agreement, and ordered the respondent to pay a total civil penalty
of $14,483.00, and to cease and desist from further violations.
5-0
W -E
PCB 07-63
PMA & Associates, Inc. v. IEPA – No action taken.
UST Appeal
3
PCB 07-70
People of the State of Illinois v. J. B. Timmermann Farms, Ltd. –
In this water enforcement action concerning a Clinton 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) (2008)), accepted a stipulation and settlement
agreement, and ordered the respondent to pay a total civil penalty
of $15,000.00, and to cease and desist from further violations.
5-0
W-E
PCB 07-124
People of the State of Illinois v. Kraft Foods Global, 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 DuPage County facility,
the Board accepted the case and ordered publication of the
required newspaper notice.
5-0
W-E
PCB 07-146
Fox Moraine, LLC v. United City of Yorkville, City Council:
Kendall County, Intervenor – The Board denied petitioner’s
motion to reconsider the Board’s October 1, 2009 opinion and
order, affirming the City of Yorkville’s denial of siting approval
for a new landfill.
4-0
Member Zalewski
abstained
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 – The Board denied petitioner’s motion to reconsider
the Board’s August 20, 2009 order denying the motion to sever
claims.
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
PCB 08-101
Waste Management of Illinois, Inc. v. IEPA – The Board granted
petitioner’s motion for voluntary dismissal of this permit appeal.
5-0
P-A, Water
PCB 09-30
People of the State of Illinois v. Montalbano Builder’s Inc. – In
this water 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) (2008)), accepted a stipulation and settlement
agreement, and ordered the respondent to pay a total civil penalty
of $10,000.00, 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
4
PCB 09-102
Peter Arendovich v. the Illinois State Toll Highway Authority
–
No action taken.
Citizens, N-E
PCB 09-107
People of the State of Illinois v. Tate and Lyle Ingredients
Americas, Inc., – Referred to the hearing officer for disposition.
A-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 – The Board granted the motion for leave to
appear
pro hac vice
of Matthew L. Larsen and William J. Denton
filed by Hexion Specialty Chemicals, Inc. The Board also granted
the complainant’s motion to amend the complaint and Caterpillar,
Inc. motion to be dismissed as a respondent.
5-0
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 10-16
Detrex Corporation v. IEPA – Having previously granted a
request for a 90-day extension, the Board dismissed this matter
because no permit appeal was filed on behalf of this facility
located in Cook County.
5-0
P-A, Land
PCB 10-17
Hydromet Environmental, Inc. v. IEPA – Having previously
granted a request for a 90-day extension, the Board dismissed this
matter because no permit appeal was filed on behalf of this
facility located in Douglas County.
5-0
P-A, Land
PCB 10-23
United States Steel Corporation, a Delaware corporation v. IEPA
– The Board granted the motion of American Bottom
Conservancy (ABC) to intervene. The Board also granted the
motion of Robert R. Kuehn to appear
pro hac vice
on behalf of
ABC.
5-0
P-A, Air
PCB 10-30
ExxonMobil Oil Corporation v. IEPA – No action taken.
P-A, Water
5
PCB 10-32
Highland Baking Company v. IEPA – The Board granted
petitioner’s motion for a partial stay of contested permit
conditions.
5-0
P-A, Air
PCB 10-35
North American Gas Station (F/N/A Intermart, Inc.) v. IEPA –
The Board accepted for hearing this underground storage tank
appeal involving a Kane
County facility.
5-0
UST Appeal
PCB 10-36
Susan Malinowski v. Chicago Transit Authority – No action
taken.
Citizens, N-E
PCB 10-37
Niebrugge Oil Company v. IEPA – The Board accepted this
underground storage tank involving a Shelby County facility as
timely filed but deficient due to the attempted consolidation of two
appeals in one petition. The Board directed the filing of amended
petitions in PCB 10-37 and the reserved docket PCB 10-40 along
with a filing fee. The amended petitions must be filed by
January 4,
2010.
5-0
UST Appeal
PCB 10-38
Paradigm Properties, Inc. (Incident-Claim No.: 20090-183-
56957) v. IEPA – The Board granted this request for a 90-day
extension of time to file an underground storage tank appeal on
behalf of this Coles County facility.
5-0
UST Appeal
90-Day Extension
PCB 10-39
Paradigm Properties, Inc. (Incident-Claim No.: 20090-183-
57514) v. IEPA – The Board granted this request for a 90-day
extension of time to file an underground storage tank on behalf of
this Coles County facility.
5-0
UST Appeal
90-Day Extension
CASES PENDING DECISION
R06-20
In the Matter of: Proposed Amendments to the Board's Special
Waste Regulations Concerning Used Oil, 35 Ill. Adm. Code
739,808,809
- Proposed Rule, Second Notice, Opinion & Order
Land
AS 09-3
In the Matter of: Petition of Westwood Lands, Inc. for an
Adjusted Standard from Portions of 35 Ill. Adm. Code 807.104
and 35 Ill. Adm. Code 810-103 or in the Alternative, a Finding of
Inapplicability
- Opinion & Order
6
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 17, 2009, by a vote of 5-0.
John T. Therriault, Assistant Clerk
Illinois Pollution Control Board