3
ILLINOIS POLLUTION CONTROL BOARD
November 22, 2006
AMERICAN BOTTOMS CONSERVANCY,
Petitioner,
v.
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY and UNITED
STATES STEEL CORPORATION -
GRANITE CITY WORKS,
Respondents.
)
)
)
)
)
)
)
)
)
)
)
)
PCB 06-171
(Third-Party NPDES Permit Appeal)
HEARING REPORT
On November 20, 2006, a hearing in this matter was held at the Madison County
Administration Building in Edwardsville, Illinois. Attorney Ted Heisel and 711 licensee
Elizabeth Mushill appeared on behalf of the petitioner. Attorney Sanjay Sofat appeared on
behalf of the Illinois Environmental Protection Agency. Attorneys Carolyn Hesse, David
Ballard, and C. Daniel Baker appeared on behalf of United States Steel Corporation-Granite City
Works.
Witness Credibility
Four witnesses testified during the hearing:
Ms. Kathy Andria
Ms. Christine Fabilla
Ms. Yvonne Homeyer
Ms. Kathleen Logan Smith
One member of the public offered sworn testimony:
Mr. Robert Johnson
Based upon my legal judgment, experience, and observations at hearing, I find that the
credibility of witness is not an issue in this matter.
The following people gave public comment:
Ms. Cathy Copley
Mr. Jason Warner
3
Exhibits
Petitioner offered as exhibits three sets of discovery responses: IEPA’s response to
petitioner’s request for admissions, production of documents, and interrogatories; and two
different documents entitled IEPA’s amended response to petitioner’s request for admissions and
interrogatories. Respondents objected on the grounds that these documents were not part of the
administrative record. The documents were not admitted into evidence, but were filed with the
Clerk as an offer of proof.
Briefing Schedule
Petitioner’s brief is due by December 8, 2006. Respondents’ briefs and any public
comments are due by December 18, 2006. The mailbox rule will not apply.
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
3
CERTIFICATE OF SERVICE
It is hereby certified that true copies of the foregoing order were mailed, first class, on
November 22, 2006, 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 November 22, 2006:
Dorothy M. Gunn
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 2006-171
IEPA
1021 North Grand Avenue East
P.O. Box 19276
Springfield, IL 62794-9276
PCB 2006-171
Sanjay K. Sofat
IEPA
1021 North Grand Avenue East
P.O. Box 19276
Springfield, IL 62794-9276
PCB 2006-171
Carolyn S. Hesse
Barnes & Thornburg
1 North Wacker Drive
Suite 4400
Chicago, IL 60606
PCB 2006-171
Erika K. Powers
Barnes & Thornburg
1 North Wacker Drive
Suite 4400
Chicago, IL 60606
PCB 2006-171
David T. Ballard
Barnes & Thornburg
1 North Wacker Drive
Suite 4400
Chicago, IL 60606
PCB 2006-171
United States Steel Corporation –
Granite City Works
c/o National Registered Agents, Inc.
200 West Adams Street
Chicago, IL 60606
PCB 2006-171
Edward J. Heisel
Washington University School of Law
One Brookings Drive
Campus Box 1120
St. Louis, MO 63130-4899
PCB 2006-171
Maxine I. Lipeles
Washington University School of Law
One Brookings Drive
Campus Box 1120
St. Louis, MO 63130-4899
PCB 2006-171
Elizabeth A. Mushill
Washington University School of Law
One Brookings Drive
Campus Box 1120
St. Louis, MO 63130-4899
