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ILLINOIS POLLUTION CONTROL BOARD
March 15, 2007
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Complainant,
v.
MICHAEL GRUEN and JON ERIC GRUEN
d/b/a JON’S TREE SERVICE,
Respondents.
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AC 06-49
(IEPA No. 96-06-AC)
(Administrative Citation)
HEARING REPORT
On March 14, 2007, a hearing in this matter was held at City Hall in Carlinville,
Macoupin County. Attorney Michelle Ryan appeared on behalf of the complainant. Attorney
Phillip Hamilton appeared on behalf of the respondents.
Witness Credibility
Two witnesses testified during the hearing:
Ms. Jan Mier
Mr. Jon Eric Gruen
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
Complainant’s Exhibit 1 is the open dump inspection checklist dated April 20, 2006. The
exhibit was admitted into the record. Respondents offered exhibits that were pre-labeled as
“Plaintiff’s” exhibits. Plaintiff’s exhibits 1 through 8 are bills of sale for firewood. These
transactions took place before the April 20, 2006 inspection, and were admitted into the record.
Plaintiff’s exhibits 9 through 13 are bills of sale taking place after the inspection, and were not
admitted into the record. Plaintiff’s exhibits 14 through 31, demonstrating the condition of the
site in July, 2006 were not admitted into evidence. Plaintiff’s exhibits 32 through 43 were
admitted for illustrative purposes to assist the Board in its review of testimony regarding the
vehicles.
Briefing Schedule
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The transcript is due by March 26, 2007. Complainant will file its brief by
April 30, 2007. Respondent’s brief is due by May 31, 2007. Complainant’s reply, if any, is due
by June 7, 2007. The mailbox rule will 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
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CERTIFICATE OF SERVICE
It is hereby certified that true copies of the foregoing order were mailed, first class, on
March 15, 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 March 15, 2007:
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
AC 2006-049
Illinois Environmental Protection Agency
1021 North Grand Avenue East
P.O. Box 19276
Springfield, IL 62794-9276
AC 2006-049
Phillip H. Hamilton
Farrell, Hunter, Hamilton & Julian, P.C.
1310 D'Adrian Professional Park
Godfrey, IL 62035
