G. Tanner Girard, Acting Chairman
    Board Members:
    Thomas E. Johnson, Andrea S. Moore, Gary Blankenship, and Carrie Zalewski
    Illinois Pollution Control Board
    James R. Thompson Center
    100 W. Randolph, Suite 11-500
    Chicago, Illinois 60601
    (312) 814-3620
    (312) 814-6032 TDD
    Illinois Pollution Control Board
    1021 North Grand Avenue East
    P.O. Box 19274
    Springfield, Illinois 62794-9274
    (217) 524-8500
    Web Site: http://www.ipcb.state.il.us

    Letter from the Chairman
    In November we had a change in Board Members. Dr. Shundar Lin’s tenure with the Board ended on November
    15, 2009. We are very grateful for Member Lin’s service. He came to the Board after serving nearly 35 years as
    Senior Professional Scientist at the Illinois State Water Survey. Throughout his career, he acquired extensive
    research experience in microbiology, lake and stream water quality, wastewater management, stream sanitation, and
    environmental engineering. This background and his attention to detail have been great assets in our work. We will
    miss Dr. Lin and wish him the best in all of his future endeavors.
    We would also like to take this opportunity to welcome to the Board our newest Member, Carrie Zalewski.
    Member Zalewski was appointed by Governor Pat Quinn on November 16, 2009. Member Zalewski is a licensed
    attorney in Illinois. Prior to joining the Board, she served as Assistant Chief Counsel at the Illinois Department of
    Transportation, where she was lead environmental compliance attorney. At IDOT, Member Zalewski gained
    experience with various environmental issues involving the federal Clean Water Act, drainage law, and leaking
    underground storage tanks. She previously worked in private practice and for the Office of the State Appellate
    Defender.
    Member Zalewski earned a J.D. from Chicago-Kent College of Law, Illinois Institute of Technology, and a B.S. in
    Engineering from the University of Illinois at Urbana. She is a member of the 2008 class of the Illinois Women’s
    Institute for Leadership, and she serves on the Board of Directors for both the Chicago Youth Centers
    (Metropolitan) and the LaGrange YMCA.
    With this professional experience and educational background, Member Zalewski will add a valuable perspective to
    the Board’s work. We extend our congratulations on her appointment and look forward to working together to
    protect human health and the environment as Members of the Pollution Control Board.
    Dr. G. Tanner Girard
    Thomas E. Johnson
    Andrea S. Moore
    Gary L. Blankenship

    Environmental Register – November 2009
    1
    Inside This Issue:
    APPELLATE UPDATE
    P. 1
    R
    ULEMAKING UPDATE
    P. 3
    B
    OARD ACTIONS
    P. 5
    N
    EW CASES
    P. 9
    B
    OARD CALENDAR
    P. 10
    Appellate Update
    Third District Affirms Board Opinion Upholding Kankakee County’s Denial of Local Siting Approval for
    Expansion of the Kankakee Landfill in Waste Management of Illinois v. Illinois Pollution Control Board and
    County Board of Kankakee County, Illinois, No. 3-08-0333 (3rd Dist. Nov. 13, 2009)(Board’s order in PCB
    04-186 (final order of Jan. 24, 2008, as reaffirmed on reconsideration April 3, 2008))
    In a November 13, 2009 16-page order, the Third District Appellate Court affirmed the Board in the landfill siting
    appeal captioned Waste Management of Illinois v. Illinois Pollution Control Board and County Board of Kankakee
    County, Illinois, No. 3-08-0333 (3rd Dist. Nov. 13, 2009) (hereinafter WMI (3rd Dist.)). The court’s ruling was an
    unpublished order, issued under Illinois Supreme Court Rule 23 (166 Ill.2d R.23 Justice McDade authored the
    order, with Justices Holdrid.ge and Schmidt concurring.
    The County Board of Kankakee County (County) had denied the 2003 application of Waste Management of Illinois
    (WMI) application for siting approval of an expansion of Kankakee Landfill.
    See
    Section 39.2 of the Illinois
    Environmental Protection Act (Act), 415 ILCS 5/39.2 (2008). The Board affirmed the County in a January 24,
    2008 opinion and order, finding that the local siting proceedings were fundamentally fair and that the County's
    decisions on the three contested siting criteria (need, incompatibility/property values, and traffic) were not against
    the manifest weight of the evidence. Waste Management of Illinois, Inc. v. County Board of Kankakee County
    ,
    PCB 04-186 (final order of Jan. 24, 2008, as reaffirmed on reconsideration April 3, 2008)) (hereinafter WMI
    , PCB
    04-186). WMI appealed the Board's decision to the Third District Appellate Court. The Third District heard oral
    argument on the appeal on September 3, 2009 before issuing its November 13, 2009 ruling.
    Local Siting and Board Proceedings
    In its November 13, 2009 Rule 23 order, the court first provided background on WMI’s prior application for siting
    approval of the proposed expansion (2002 application). WMI
    (3rd Dist.), Order at 1-3. The County approved
    WMI’s 2002 application in January 2003, after which third-party objectors appealed the County’s decision to the
    Board. In its opinion and order resolving four consolidated appeals, the Board vacated the County’s approval of
    WMI’s 2002 application, finding that the County lacked jurisdiction because WMI failed to comply with all of the
    statutory requirements for providing pre-filing notice to affected property owners.
    Id..
    at 3. (The case before the
    Board was captioned City of Kankakee et al. v. County of Kankakee et al.
    , PCB 03-125, 03-133, 03-134, and 03-
    135 (cons.) (final order of Aug. 7, 2003, as reaffirmed on reconsideration Oct. 16, 2003.)). The Third District
    Appellate Court affirmed the Board’s decision in Waste Management of Illinois, Inc. v. Illinois Pollution Control
    Board, 356 Ill. App. 3d 229, 826 N.E.2d 586 (3rd Dist. 2005). WMI (3rd Dist.), Order at 3.
    Following local hearings on WMI’s 2003 application, the County found that WMI failed to satisfy all of the siting
    criteria of Section 39.2(a) of the Act, 415 ILCS 5/39.2(a)(2008). WMI
    (3rd Dist.), Order at 5. The County voted
    16-12 against criterion (i) (
    i.e.
    , WMI failed to show that the facility is necessary to accommodate the waste needs of
    the area it is intended to serve); 18-10 against criterion (iii) (
    i.e.
    , WMI failed to prove that the facility is located so
    as to minimize incompatibility with the character of the surrounding area and to minimize the effect on the value of
    the surrounding property); and 16-12 against criterion (vi) (
    i.e.
    , WMI failed to demonstrate that the traffic patterns
    to or from the facility are so designed as to minimize the impact on existing traffic flows).
    Id.
    . With respect to
    these three criteria, the County’s vote on the 2002 application had been unanimous in favor of WMI.
    Id.
    at 3.

    Environmental Register – November 2009
    2
    WMI filed a petition for review with the Board on the grounds that impermissible
    ex parte
    contacts between the
    County and Bruce Harrison prejudiced WMI and that the County’s findings on criteria (i), (iii), and (vi) were
    against the manifest weight of the evidence. WMI
    (3rd Dist.), Order at 5. Following the Board’s hearing, the
    Board affirmed the County’s denial of the 2003 application in an 18-page opinion and order issued January 24,
    2008. The Board found that any
    ex parte
    contacts with County Board members did not render the local proceedings
    fundamentally unfair; that WMI was not entitled to question County Board members at the Board hearing as to why
    their votes changed between the 2002 and 2003 applications; and that the County’s findings as to criteria (i), (iii),
    and (vi) were not against the manifest weight of the evidence.
    Id.
    at 5-6.
    Fundamental Fairness
    The court explained that the “clearly erroneous” standard of review applies to the Board’s fundamental fairness
    determination in WMI
    , PCB 04-186, as that determination raises a “mixed question of law and fact.” WMI (3rd
    Dist.), Order at 7, quoting Peoria Disposal Co. v. Illinois Pollution Control Board
    , 385 Ill. App. 3d 781, 797, 896
    N.E.2d 460, 474-75 (3rd Dist. 2008). Under the clearly erroneous standard, the court will not overturn the Board’s
    ruling on fundamental fairness “unless after a review of the entire record, we are left with the definite and firm
    conviction that a mistake has been committed.” WMI
    (3rd Dist.), Order at 7.
    The court affirmed the Board’s determination that the local proceedings were fundamentally fair, agreeing with the
    Board that WMI failed to make the required showing of prejudice. WMI
    (3rd Dist.), Order at 7. WMI did not deny
    that it had a full opportunity to present evidence to the County and even though the County changed its vote
    between WMI’s 2002 and 2003 applications, WMI did not prove that any improper ex parte contacts by Harrison
    influenced the County’s ultimate decision on the 2003 application.
    Id.
    at 7-8. The record contained evidence to
    support the Board’s determination, including the testimony of County Board members contacted by Harrison.
    Id.
    at
    10. Those members testified “that they either refused to talk to Harrison, or that they engaged in no substantive
    conversation, or that they did not consider the substance of Harrison’s communications as evidence.”
    Id.
    at 10-11.
    Further, the court noted the Board’s finding that there were significant differences between the two proceedings,
    making the change in vote “explainable by independent factors.”
    Id.
    at 11.
    Additionally, applying an “abuse of discretion” standard of review, the court affirmed the Board’s ruling that the
    Board hearing officer properly precluded WMI from questioning County Board members on their decision-making
    thought processes. WMI
    (3rd Dist.), Order at 11-12.
    Siting Criteria
    WMI also contested the Board’s decision affirming the County’s determination that WMI failed to satisfy siting
    criteria (i), (ii), and (vi) of Section 39.2(a) of the Act. WMI
    (3rd Dist.), Order at 12. The court explained that it
    reviews the Board’s decision, not the local siting authority’s decision, and that the Board’s decision on the statutory
    siting criteria will not be reversed “unless it is against the manifest weight of the evidence.”
    Id.
    , quoting Peoria
    Disposal Co., 385 Ill. App. 3d at 800, 896 N.E.2d at 477. Accordingly, “[f]or reversal to be warranted, it must be
    clearly evident from the record that the [Board] should have reached the opposite conclusion. [Citation.] That the
    opposite conclusion is reasonable or that the reviewing court might have ruled differently if it were the trier of fact
    is not enough to justify a reversal.” WMI
    (3rd Dist.), Order at 12.
    Siting Criterion (i)—Need
    The court cited evidence that WMI’s expert used rates below the actual recycling rates in the service area and failed
    to consider newly-permitted nearby landfills and a newly-sited landfill. WMI
    (3rd Dist.), Order at 13-14. Stating
    that it does not “reweigh” the evidence, the court held that the Board’s order affirming the County’s determination
    that the proposed expansion is unnecessary to accommodate the waste needs of the service area was not against the
    manifest weight of the evidence.
    Id.
    at 14, citing File v. D & L Landfill, Inc.
    , 219 Ill. App. 3d 897, 907, 579 N.E.2d
    1228, 1236 (5th Dist. 1991).
    Siting Criterion (iii)— Incompatibility/Property Values; Siting Criterion (vi)—Traffic
    The court analyzed together the siting criteria (iii) and (vi) of Section 39.2 of the Act. 415 ILCS 5/39.2 (iii), (iv).
    WMI
    (3rd Dist.), Order at 14-16. The court rejected WMI’s argument that the opinion of WMI’s expert on property
    values was unrebutted. The court noted that the public expressed its opinion that the proposed expansion would
    have an adverse impact on surrounding property.
    Id.
    at 15. The court ruled that “[t]he public comment alone rebuts
    the expert’s testimony on the impact on surrounding property,” adding:

    Environmental Register – November 2009
    3
    Waste Management cannot argue that the [County] could not consider the opinion of laypersons who
    actually experience the impact on their property caused by a nearby landfill. So too, although an expert’s
    opinion might be
    sufficient
    to satisfy criterion (iii), there is no authority for the suggestion that a local siting
    authority
    must
    find criterion (iii) satisfied if only the applicant finds an expert to say it is satisfied.”
    Id.
    (emphasis in original).
    Delineating weaknesses in the analysis of WMI’s expert, the court found that neither the Board nor the court is
    required to simply accept an expert’s conclusion.
    Id.
    The court further found that a traffic engineer’s opinion rebutted WMI’s expert’s conclusions regarding the
    proposed expansion’s impact on traffic flow. WMI
    (3rd Dist.), Order at 15. The County recognized that two
    experts testified on criterion (vi) and the County “chose the opinion it would give greater weight.”
    Id.
    at 16. The
    court also quickly disposed of WMI’s suggestion that if the applicant presents any plan for minimizing traffic
    impact, the County must find the criterion met unless the County receives evidence of a “better” plan to minimize
    the expansion’s impact.
    The court found that it was “faced with a battle between the witnesses and experts, both with factually supportable
    conclusions.” WMI
    (3rd Dist.), Order. at 16. The court held that it does not reweigh the evidence or reassess the
    witness’ credibility and concluded that the Board’s decision affirming the County was not against the manifest
    weight of the evidence.
    Id.
    at 15-16.
    Rulemaking Update
    Pollution Control Board Stays, at IEPA Request, the Vapor Intrusion Portion of a Proposed Rulemaking to
    Amend Rules for Tiered Approach to Corrective Action Objectives (TACO), R 09-9
    The Illinois Pollution Control Board, on November 5, 2009, granted the Illinois Environmental Protection Agency’s
    (IEPA) motion to stay the “vapor intrusion” portion of IEPA’s proposal to amend the Board’s rules concerning the
    Tiered Approach to Corrective Action Objectives (TACO). The migration process of volatile chemicals that have
    the potential to migrate from the soil and groundwater to indoor air has been colloquially referred to as “vapor
    intrusion.”
    The partial stay in the rulemaking docketed as In the Matter of: Proposed Amendments to Tiered Approach to
    Corrective Action Objectives (35 Ill. Adm. Code 742) (R09-9), will last through November 5, 2010, unless the
    Board issues an order terminating the stay sooner.
    In its October 5, 2009 motion, IEPA asked the Board to stay only the portion of the TACO rulemaking dealing with
    the “proposed amendments that pertain to vapor intrusion.” IEPA stated that after the second hearing and the pre-
    first notice public comment period, representatives of the United States Environmental Protection Agency expressed
    serious concerns with the vapor intrusion part of IEPA’s rulemaking proposal. IEPA sought the partial stay to
    evaluate USEPA’s concerns, the impact of those concerns on the IEPA proposal, and the latest research findings on
    vapor intrusion. IEPA must file status reports during the term of the stay as directed in the Board’s November 5,
    2009 order. The balance of IEPA’s proposed rule language is not subject to the stay.
    IEPA had filed the pending rulemaking proposal on September 3, 2008, at which time IEPA noted that the TACO
    rules provide “procedures for developing remediation objectives based on various risks to human health posed by
    environmental conditions at a site.” With the proposed amendments to the TACO rules, IEPA seeks to “add the
    indoor inhalation exposure route to the existing risk-based methodology.” The proposed comprehensive changes
    include new definitions, equations, parameters, default remediation objectives, and mechanisms for managing the
    indoor inhalation pathway. The Board has held two hearings on the IEPA proposal, but the Board has not yet
    adopted a set of rules based on the proposal for first notice publication under the Administrative Procedure Act, 5
    ILCS 100/5-40(2008).
    Opinions and orders of the Board, hearing transcripts, and other documents in rulemaking records are posted on the
    Board’s Web site and may be downloaded from the Web without charge. Hard copies may be obtained for $.75 per
    page from the Clerk’s office: Clerk of the Board, James R. Thompson Center, 100 W. Randolph Street, Suite 11-
    500, Chicago, IL 60601.

    Environmental Register – November 2009
    4
    For more information contact Richard McGill at 312-814- 6983 or email at mcgillr@ipcb.state.il.us.
    Board Accepts for Hearing IEPA Fast-track Proposal, and Adopts for First Notice Changes to the Volatile
    Organic Material Emission Control Regulations for Group III Consumer and Commercial Products, R10-10
    On November 5, 2009, the Illinois Pollution Control Board accepted for hearing, and adopted for first notice, the
    rulemaking proposal docketed as In the Matter of: Reasonably Available Control Technology (RACT) for Volatile
    Organic Material Emission From Group III Consumer & Commercial Products: Proposed Amendments to 35 Ill.
    Adm. Code 281 and 219 (R10-10). This rulemaking was filed on October 23, 2009 by the Illinois Environmental
    Protection (IEPA) pursuant to the “fast-track” rulemaking provisions at Section 28.5 of the Environmental
    Protection Act (Act).
    The IEPA states that it seeks to satisfy Illinois’ obligations under the federal Clean Air Act (CAA) to submit a State
    Implementation Plan (SIP) to address requirements for sources of volatile organic material (VOM) emissions in
    areas designated as nonattainment with respect to ozone National Ambient Air Quality Standard (NAAQS).
    Specifically, the IEPA proposes VOM emission controls in response to control techniques guidelines (CTGs) issued
    for the following Group III Consumer and Commercial Product Categories: paper, film, and foil coatings; metal
    furniture coatings; and large appliance coatings.
    Under Section 28.5, the Board is required to proceed toward adoption of the regulation by following strict
    deadlines. The first of those deadlines is that the Board must “within 14 days of receipt of the proposal” file for first
    notice under the Illinois Administrative Procedure Act and schedule all required hearings. Therefore, the Board
    accepted the proposal without commenting on the merits and adopted the rule for first notice. In addition, the Board
    directed the hearing officer to expeditiously schedule all hearings in this proceeding.
    In an order dated November 5, 2009, the hearing officer scheduled three hearings to take place in Chicago. The
    first begins Wednesday, December 9, 2009, the second begins Wednesday, January 6, 2010, and the third begins
    Wednesday, January 20, 2010. The second hearing will be held if, within seven days after the first hearing, any
    person requests a second hearing. The third hearing will be cancelled if the IEPA indicates to the Board that the
    IEPA will not introduce any additional materials. Hearings shall be continued day-to-day as necessary to complete
    the subject matter of the hearing.
    Public comments must be filed with the Clerk of the Board. Public comments may be filed at the following address:
    Pollution Control Board, James R. Thompson Center, 100 W. Randolph Street, Suite 11-500, Chicago, IL 60601.
    In addition, public comments may be filed electronically through COOL at www.ipcb.state.il.us
    . Any questions
    about electronic filing through COOL should be directed to the Clerk’s Office at (312) 814-3629
    Opinions and orders of the Board, hearing transcripts, and other documents in rulemaking records are posted on the
    Board’s Web site and may be downloaded from the Web without charge. Hard copies may be obtained for $.75 per
    page from the Clerk’s office
    For more information contact Tim Fox at (312)-814-6085 or email at foxt@ipcb.state.il.us.

    Environmental Register – November 2009
    5
    Board Actions
    November 5, 2009
    Chicago, Illinois
    Rulemakings
    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
    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
    Adjudicatory 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

    Environmental Register – November 2009
    6
    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., – 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 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 07-47
    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 07-68
    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 08-103
    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

    Environmental Register – November 2009
    7
    PCB 09-67
    Prime Location Properties, LLC v. IEPA
    – The Board ordered the Illinois
    Environmental Protection Agency (IEPA) 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 IEPA and the IEPA’s
    motion to dismiss. The Board also reversed the IEPA’s January 27, 2009
    determination and remanded the matter to the IEPA to undertake actions
    consistent with its opinion.
    5-0
    UST Appeal
    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
    November 19, 2009
    Chicago, Illinois
    Administrative Citations
    AC 10-3
    IEPA v. Les Curtis
    – The Board accepted respondent’s amended petition for
    hearing.
    4-0 Member
    Zalewski
    abstained

    Environmental Register – November 2009
    8
    AC 10-4
    County of Ogle v. Kathy Knutson, Steve Knutson, and Dan Bocker
    – The
    Board found that Bocker defaulted by failing to timely 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
    Adjudicatory Cases
    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 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 09-104
    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
    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
    4-0

    Environmental Register – November 2009
    9
    hearing this underground storage tank appeal involving a Lake County facility.
    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
    New Cases
    November 5 2009 Board Meeting
    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)).
    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.
    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.
    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)).
    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.
    AC 10-5
    County of Jackson v. Gary Clover
    – The Board accepted an administrative citation against this Jackson
    County respondent.
    R 10-10
    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.
    November 19, 2009 Board Meeting
    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.

    Environmental Register – November 2009
    10
    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.
    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.
    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.
    10-34
    Jones Service Station v. IEPA
    – The Board accepted for hearing this underground storage tank appeal
    involving an Alexander County facility.
    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.
    Calendar
    12/3/09
    11:00 AM
    Illinois Pollution Control Board Meeting
    James R. Thompson Center
    100 W. Randolph Street
    Chicago
    12/8/09
    9:00 AM
    R10-08
    In the Matter of Reasonable 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
    (Continues until complete or through
    December 9, 2009)
    James R. Thompson Center
    Room 9-039
    100 W. Randolph
    Chicago
    12/09/09
    10:00 AM
    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 Ill. Adm.
    Code 218 and 219
    (Continues day to day until business is
    complete)
    James R. Thompson Center
    Room 11-512
    100 W. Randolph
    Chicago
    12/17/09
    11:00 AM
    Illinois Pollution Control Board Meeting
    James R. Thompson Center
    100 W. Randolph Street
    Chicago

    Environmental Register – November 2009
    11
    1/06/10
    10:00 AM
    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 Ill. Adm.
    Code 218 and 219
    (Continues until complete or through
    January 8, 2010)
    Michael A. Bilandic Building
    Room N-505
    160 N. LaSalle Street
    Chicago
    1/7/10
    11:00 AM
    Illinois Pollution Control Board Meeting
    James R. Thompson Center
    100 W. Randolph Street
    Chicago
    1/13/10
    9:00 AM
    R08-09
    In the Matter of: Water Quality
    Standards and Effluent Limitations for
    the Chicago Area Waterway System
    (CAWS) and the Lower Des Plaines
    River: Proposed Amendments to 35 Ill.
    Adm. Code 301, 302, 303, and 304
    (Continues until complete or through
    January 14, 2010)
    James R. Thompson Center
    Room 09-040
    100 W. Randolph
    Chicago
    1/20/10
    10:00 AM
    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 Ill. Adm.
    Code 218 and 219
    (Continues until complete or through
    January 22, 2010)
    Michael A. Bilandic Building
    Room N-505
    160 N. LaSalle Street
    Chicago
    1/20/10
    9:30 AM
    PCB 10-01
    Weeke Oil Company v. IEPA
    Illinois Pollution Control Board
    Hearing Room
    1021 North Grand Avenue E
    North Entrance
    Springfield
    1/21/10
    11:00 AM
    Illinois Pollution Control Board Meeting
    James R. Thompson Center
    100 W. Randolph Street
    Chicago

    ------------------------------------------------CUT HERE------------------------------------------------
    Environmental Register Comment Card

    The Illinois Pollution Control Board is an independent five-member board
    that adopts environmental control standards, rules on enforcement actions,
    and other environmental disputes for the State of Illinois.
    The
    Environmental Register
    is published monthly by the Board, and
    contains updates on rulemakings, descriptions of final decisions, the Board’s
    hearing calendar, and other environmental law information.
    ------------------------------------------------CUT HERE------------------------------------------------
    Illinois Pollution Control Board
    Environmental Register Coordinator
    1021 N. Grand Avenue East
    P.O. Box 19274
    Springfield, Illinois 62794-9274

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