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ILLINOIS POLLUTION CONTROL BOARD
August 24, 2007
L. KELLER OIL PROPERTIES,
INC./FARINA,
Petitioner,
v.
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Respondent.
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PCB 07-147
(UST Appeal)
HEARING REPORT
On August 22, 2007, a hearing in this matter was held at the Illinois Pollution
Control Board Office in Springfield, Illinois. Attorneys Carolyn Hesse and Jonathan
Froemel appeared on behalf of the petitioner. Attorney Melanie Jarvis appeared on
behalf of the respondent
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Witness Credibility
4 witnesses testified during the hearing:
Mr. Ronald St. John
Ms. Carol Rowe
Mr. Jeff Wienhoff
Mr. Vince Smith
Based upon my legal judgment, experience, and observations at hearing, I find that the
credibility of witness is not an issue in this matter.
Exhibits
An exhibit list itemizing the offered exhibits and summarizing their status is
attached to this order.
Briefing Schedule
The transcript is due by August 27, 2007. Petitioner will file its brief by
September 18, 2007. Respondent’s brief is due by October 9, 2007. The mailbox rule
will not apply, although parties may file electronically.
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IT IS SO ORDERED.
_____________________
Carol Webb
Hearing Officer
Illinois Pollution Control Board
1021 North Grand Avenue East
P.O. Box 19274
Springfield, Illinois 62794-9274
217/524-8509
webbc@ipcb.state.il.us
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PCB 07-147
August 22, 2007 Hearing
Exhibit List
Exhibit
Description
Status
Exhibit #1
Joint exhibit to supplement the record
Admitted
Exhibit #2
August 21, 2007 letter from Carolyn Hesse
representing a stipulation agreed by both
parties.
Admitted
Exhibit #3
Resume of Ronald St. John
Admitted
Exhibit #4
Glossary of Hydrology
Admitted
Exhibit #5
API plume migration bulletin
Not Admitted
Exhibit #6
Two over-sized sheets of diagrams to assist
in following the testimony of Mr. St. John
Admitted
Exhibit #7
Resume of Carol Rowe
Admitted
Exhibit #8
Record of Hall’s Automotive
Not Admitted
Exhibit #9
Record of Keller Oil/Edgewood
Not Admitted
Exhibit #10
Resume of Jeff Wienhoff
Admitted
Exhibit #11
Diagram of site
Admitted
Exhibit #12
Over-sized diagram to assist in following
testimony of Jeff Wienhoff
Admitted
Exhibit #13
Resume of Vince Smith
Admitted
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CERTIFICATE OF SERVICE
It is hereby certified that true copies of the foregoing order were mailed, first
class, on August 24, 2007, to each of the persons on the attached service list.
It is hereby certified that a true copy of the foregoing order was hand delivered to
the following on August 24, 2007:
John T. Therriault
Illinois Pollution Control Board
James R. Thompson Center
100 W. Randolph St., Ste. 11-500
Chicago, Illinois 60601
Carol Webb
Hearing Officer
Illinois Pollution Control Board
1021 North Grand Avenue East
P.O. Box 19274
Springfield, Illinois 62794-9274
217/524-8509
webbc@ipcb.state.il.us
PCB 2007-147
Melanie A. Jarvis
IEPA
1021 North Grand Avenue
East
P.O. Box 19276
Springfield, IL 62794-9276
PCB 2007-147
Carolyn S. Hesse
Barnes & Thornburg
1 North Wacker Drive
Suite 4400
Chicago, IL 60606
PCB 2007-147
Jonathan Froemel
Barnes & Thornburg
1 North Wacker Drive
Suite 4400
Chicago, IL 60606
