ILLINOIS POLLUTION CONTROL BOARD
May 5, 2006
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Complainant,
v.
NORTHERN ILLINOIS SERVICE
COMPANY,
Respondent.
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AC 05-40
(IEPA No. 567-04-AC)
(Administrative Citation)
HEARING REPORT
On April 20, 2006, a hearing in this matter was held at the State of Illinois Rockford
Regional Office, 4302 North Main Street, Rockford, Illinois. Attorney Michelle Ryan appeared
and participated on behalf of the complainant. Attorneys Peter DeBruyne and Lewis Kaplan
appeared and participated on behalf of the respondent.
Witness Credibility
Three witnesses testified on behalf of the respective parties. Based upon my legal
judgment, experience, and observations at the hearing, I find that the credibility of witnesses is
not an issue in this matter.
Exhibits
The parties offered exhibits as evidence at the hearing. An exhibit list itemizing the
offered exhibits and summarizing their status is attached to this order.
Briefing Schedule
A briefing schedule was discussed and agreed to at the hearing. The complainant’s post-
hearing brief is due to be filed on or before May 23, 2006. The respondent’s post-hearing brief
is due to be filed on or before June 12, 2006. Complainant’s reply, if any, is due to be filed on or
before June 27, 2006. Public comment is due to be filed on or before
May 10, 2006.
2
IT IS SO ORDERED.
Bradley P. Halloran
Hearing Officer
Illinois Pollution Control Board
James R. Thompson Center, Suite 11-500
100 W. Randolph Street
Chicago, Illinois 60601
312.814.8917
4
AC 05-40
April 20, 2006, Hearing
Exhibit List
Exhibit
Description
Status
Complainant’s Exhibit 1
Investigation Report, dated October 4,
2004.
Admitted
Respondent’s Exhibit 1
Delivery Ticket, dated April 11, 2006
Admitted
Respondent’s Exhibit 2
Delivery Ticket, dated April 14, 2006
Admitted
Respondent’s Exhibit 3
Shipping Order and Invoice, dated July 11,
2005, and July 12, 2005, respectively
Admitted
Respondent’s Exhibit 4
Open Burning Permit, Application number
B0409003
Admitted
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CERTIFICATE OF SERVICE
It is hereby certified that true copies of the foregoing order were mailed, first
class, on May 4, 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 May 4, 2006:
Dorothy M. Gunn
Illinois Pollution Control Board
James R. Thompson Center
100 W. Randolph St., Ste. 11-500
Chicago, Illinois 60601
Bradley P. Halloran
Hearing Officer
Illinois Pollution Control Board
James R. Thompson Center
100 West Randolph Street, Suite 11-500
Chicago, Illinois 60601
312.814.8917
3
AC 2005-040
Michelle M. Ryan
IEPA
1021 North Grand Avenue East
P.O. Box 19276
Springfield, IL 62794-9276
AC 2005-040
Wayne Klinger
Northern Illinois Service Company
4781 Sandy Hollow Road
Rickford, IL 61109
AC 2005-040
Peter DeBruyne
Peter DeBruyne, P.C.
838 North Main Street
Rockford, IL 61103