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ILLINOIS POLLUTION CONTROL BOARD
January 23, 2008
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Complainant,
v.
MARK GATES,
Respondent.
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AC 06-50
(IEPA No. 98-06-AC)
(Administrative Citation)
HEARING REPORT
On January 23, 2008, a hearing in this matter was held at the Logan County
Courthouse. Attorney Michelle Ryan appeared on behalf of the complainant.
Respondent appeared
pro se.
Respondent arrived after complainant’s witness had
already testified. However, respondent was allowed to question complainant’s witness
regarding the photographs, and make a statement on his own behalf.
Witness Credibility
2 witnesses testified during the hearing:
Ms. Michelle Cozadd
Mr. Mark Gates
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 26,
2006. The exhibit was admitted into the record.
Briefing Schedule
The transcript is due by February 4, 2008. Complainant will file its brief by
February 19, 2008. Respondent’s brief is due by March 4, 2008. Complainant’s reply, if
any, is due by March 11, 2008. The mailbox rule will apply.
IT IS SO ORDERED.
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_____________________
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 January 23, 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 January 23, 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
Agency
rth Grand Avenue East
2794-9276
AC 2006-050
y Lewis
AC 2006-050
61
656-0161
AC 2006-050
Michelle M. Ryan
Illinois Environmental Protection
1021 No
P.O. Box 19276
Springfield, IL 6
AC 2006-050
Marla Lewis Gates
323 Decatur Street
Lincoln, IL 62656
Mark Kingsle
323 Decatur Street
Lincoln, IL 62656
Mark Gates
P. O. Box 1
Lincoln, IL 62