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ILLINOIS POLLUTION CONTROL BOARD
October 22, 2008
PEOPLE OF THE STATE OF ILLINOIS,
Complainant,
v.
GARY SIMMONS, individually, and
LAWRENCE COUNTY DISPOSAL
CENTRE, INC., and Illinois corporation,
Respondents.
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PCB 06-159
(Enforcement - Land, Air)
HEARING OFFICER ORDER
On October 22, 2008, the parties participated in a telephone status conference
with the hearing officer. A hearing remains set for October 29, 2008. Respondent Gary
Simmons is reminded that he may represent himself
pro se
at hearing, but may not
represent Lawrence County Disposal Centre, Inc.
The parties are advised that their arguments at hearing and their post-hearing
briefs should consider (1) proposing a remedy for a violation, if any (including whether
to impose a civil penalty), and supporting it position with facts and arguments that
address any or all of the Section 33(c) factors: and (2) proposing a civil penalty, if any
(including a specific total dollar amount and the portion of that amount attributable to the
respondents’ economic benefit, if any, from delayed compliance), and supporting its
position with facts and arguments that address any or all of the Section 42(h) factors. In
the event that this matter is settled before hearing, these issues should be addressed in any
stipulation and proposed settlement agreement.
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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CERTIFICATE OF SERVICE
It is hereby certified that true copies of the foregoing order were mailed, first
class, on October 22, 2008, 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 October 22, 2008:
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
s
PCB 2006-159
Phillip McQuillan
Office of the Attorney General
Environmental Bureau
500 South Second Street
Springfield, IL 62706
PCB 2006-159
Gary Simmon
2101 South Sievers Road
Vincennes, IN 47591
PCB 2006-159
Lawrence County Disposal Centre, Inc.
c/o National Registered Agents, Inc.
200 West Adams Street
Chicago, IL 60606