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

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