1. HEARING REPORT
    2. Witness Credibility
    3. Exhibits
 
5
ILLINOIS POLLUTION CONTROL BOARD
October 30, 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 REPORT
On October 29, 2008, a hearing in this matter was held at the City Hall Civic
Center in Lawrenceville, Lawrence County. Attorney Phillip McQuillan appeared on
behalf of the complainant. Respondent Gary Simmons appeared
pro se
, and Lawrence
County Disposal Centre, Inc. was not represented.
Witness Credibility
3 witnesses testified during the hearing:
Mr. Bob Gher
Mr. Christian Liebman
Mr. Gary Simmons
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
The complainant and respondent offered exhibits as evidence at hearing. An
exhibit list itemizing the offered exhibits and summarizing their status is attached to this
order. Neither party objected to the admission of any exhibits.
Briefing Schedule
The transcript is due November 10, 2008. Complainant will file its brief by December
10, 2008. Respondent indicated that he did not intend to file a brief, but if he changes his
mind, he may file his brief by December 29, 2008. The mailbox rule will apply.
IT IS SO ORDERED.
5
_____________________
Carol Webb
Hearing Officer
Illinois Pollution Control Board
1021 North Grand Avenue East
P.O. Box 19274
Springfield, Illinois 62794-9274
217/524-8509
5
PCB 06-159
October 29, 2008 Hearing
Exhibit List
Exhibit
Description
Status
People’s Exhibit #1.1
Solid Waste Landfill Inspection Checklist
(SWLIC) dated 2/19/01
Admitted
People’s Exhibit #1.2
SWLIC dated 5/9/01
Admitted
People’s Exhibit # 1.3
SWLIC dated 7/5/01
Admitted
People’s Exhibit #1.4
SWLIC dated 11/12/01
Admitted
People’s Exhibit #2.1
SWLIC dated 5/10/02
Admitted
People’s Exhibit #2.2
SWLIC dated 11/8/02
Admitted
People’s Exhibit #3.1
SWLIC dated 2/20/03
Admitted
People’s Exhibit #3.2
SWLIC dated 4/3/03
Admitted
People’s Exhibit #3.3
SWLIC dated 9/9/03
Admitted
People’s Exhibit #4.1
Landfill Groundwater Record Review
dated 2/6/04
Admitted
People’s Exhibit #4.2
SWLIC dated 5/11/04
Admitted
People’s Exhibit #4.3
SWLIC dated 11/9/04
Admitted
People’s Exhibit #4.4
Letter from inspector to respondent
regarding the inspection on 11/9/04
Admitted
People’s Exhibit #4.5
Narrative Inspection Report from 11/9/04
Admitted
People’s Exhibit #5.1
SWLIC dated 1/6/05
Admitted
People’s Exhibit #5.2
SWLIC dated 5/11/05
Admitted
People’s Exhibit #5.3
SWLIC dated 9/8/05
Admitted
People’s Exhibit #6.1
SWLIC dated 5/17/06
Admitted
People’s Exhibit #7.1
SWLIC dated 2/16/07
Admitted
5
People’s Exhibit #8
Letter to respondent from IEPA dated
5/17/99
Admitted
People’s Exhibit #9
Violation Notice dated 2/27/01
Admitted
People’s Exhibit #10
Violation Notice Dated 5/14/01
Admitted
People’s Exhibit #11
Violation Notice dated 7/13/01
Admitted
People’s Exhibit #12
Violation Notice dated 11/23/02
Admitted
People’s Exhibit #13
Letter from Steve Hedinger to inspector
dated 8/24/01
Admitted
People’s Exhibit #14
Compliance Commitment Rejection dated
9/18/01
Admitted
People’s Exhibit #15
NONE
People’s Exhibit #16
Invoice
Admitted
People’s Exhibit #17
NONE
People’s Exhibit #18
NONE
People’s Exhibit #19
Complaint filed with Board
Admitted
People’s Exhibit #20
Affidavit of Custodian of Business Records
Admitted
Respondent’s Exhibit #1
Letter from Respondent to Phillip
McQuillan dated 6/28/06
Admitted
5
CERTIFICATE OF SERVICE
It is hereby certified that true copies of the foregoing order were mailed, first
class, on October 30, 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 30, 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 Road
Inc.
ational Registered Agents, Inc.
PCB 2006-159
Phillip McQuillan
Office of the Attorney General
Environmental Bureau
500 South Second Street
Springfield, IL 62706
PCB 2006-159
Gary Simmons
2101 South Siever
Vincennes, IN 47591
PCB 2006-159
Lawrence County Disposal Centre,
c/o N
200 West Adams Street
Chicago, IL 60606

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