1 BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
    2
    3
    4 PEOPLE OF THE STATE OF ILLINOIS,
    5 Petitioner,
    6 vs. No. PCB 97-111
    7 JOHN PRIOR and
    8 INDUSTRIAL SALVAGE, INC.,
    9 Respondents.
    10
    11
    12
    13 Proceedings held on May 22nd, 1997, at
    14 10:08 a.m., at the Illinois Pollution Control
    15 Board, 600 South Second Street, Suite 402,
    16 Springfield, Illinois, before the Honorable Michael
    17 L. Wallace, Hearing Officer.
    18
    19
    20
    21 Reported by: Darlene M.
    Niemeyer, CSR, RPR
    CSR License No.: 084-003677
    22
    23 KEEFE REPORTING COMPANY
    11 North 44th Street
    24 Belleville, IL 62226
    (618) 277-0190
    65
    KEEFE REPORTING COMPANY
    Belleville, Illinois
    1 A P
    P E A R A N C E S
    2
    3 No appearance on behalf of the People of
    the State of Illinois.
    4
    5 No appearance on behalf of the Illinois
    Environmental Protection Agency.
    6
    7 No appearance on behalf of Respondent.
    8
    9
    10
    11
    12
    13
    14
    15
    16
    17
    18
    19
    20
    21
    22
    23
    24
    66
    KEEFE REPORTING COMPANY
    Belleville, Illinois
    1 P R O C E
    E D I N G S
    2 (May 22, 1997; 10:08 a.m.)
    3 HEARING OFFICER WALLACE: Pursuant to the
    4 direction of the Illinois Pollution Control Board,
    5 I now call Docket 97-111. This is the People of
    6 the State of Illinois versus John Prior and
    7 Industrial Salvage, Inc.
    8 Let the record reflect that there are no
    9 appearances at today's hearing, and there are no
    10 members of the public present at today's hearing.
    11 Also let the record reflect that by the Hearing
    12 Officer's watch it is about seven or eight after
    13 the hour of 10:00.
    14 Notice was sent to all parties, including
    15 the Attorney General's office, on behalf of the
    16 People; Greg Richardson, on behalf of the Illinois
    17 Environmental Protection Agency; and William
    18 Becker, on behalf of the Respondents.
    19 The Hearing Officer, on May the 21st,
    20 1997, at approximately 9:21, was engaged in a
    21 telephone conference call with Mr. William
    Becker
    22 and Mr. Thomas Davis concerning this matter.
    23 Mr.
    Becker indicated to Mr. Davis and the
    24 Hearing Officer that the respondents, John Prior
    67
    KEEFE REPORTING COMPANY
    Belleville, Illinois
    1 and Industrial Salvage, Inc., had nothing further
    2 to add and were not going to present any evidence
    3 in rebuttal to the State's case in this Docket
    4 97-111.
    5 Mr.
    Becker stated that Mr. Prior's
    6 position was that he was not responsible as the
    7 operator, and that he would wish to rely upon
    8 evidence that had been presented in prior cases,
    9 that there was nothing new in this case that needed
    10 to be presented.
    11 Mr.
    Becker was informed that the hearing
    12 today, on May 22nd, was for the explicit purpose of
    13 taking testimony from the respondents and that if
    14 for any reason the respondents changed their minds
    15 down the road, that it would be unlikely that the
    16 matter would be reopened for any additional
    17 contesting of this particular docket.
    18 Mr.
    Becker was also informed that the
    19 Hearing Officer could not speak for the Board on
    20 whether or not the Board would take into
    21 consideration evidence presented in prior
    22 proceedings before the Board.
    23 Mr. Davis, on behalf of the People of the
    24 State Illinois, requested the opportunity to
    68
    KEEFE REPORTING COMPANY
    Belleville, Illinois
    1 present a brief. Mr.
    Becker indicated that he did
    2 want the opportunity to file a response. However,
    3 his response would be very brief and very limited.
    4 Therefore, let the record reflect that
    5 the People have rested, and the Hearing Officer was
    6 informed in his telephone conversation that the
    7 respondents would not present any testimony in this
    8 matter.
    9 The briefing schedule is established as
    10 follows: The complainant's brief will be due June
    11 19th. The respondent's response brief will be due
    12 July 3rd. If the People wish to file a reply,
    13 leave is so granted, and that will be due July
    14 10th.
    15 The Hearing Officer would also note for
    16 the record that at our prior hearing, on March the
    17 18th, 1997, the People presented one witness, Ms.
    18 Connie
    Letsky, and the Hearing Officer finds that
    19 Ms.
    Letsky was a credible witness in this matter,
    20 and this finding is pursuant to the Rules of the
    21 Pollution Control Board.
    22 I believe that pretty well wraps up this
    23 morning's hearing. There being nothing further,
    24 this matter is closed. Thank you.
    69
    KEEFE REPORTING COMPANY
    Belleville, Illinois
    1 STATE OF ILLINOIS )
    ) SS
    2 COUNTY OF MONTGOMERY)
    3 C E R T I F I C A T E
    4 I, DARLENE M. NIEMEYER, a Notary Public
    5 in and for the County of Montgomery, State of
    6 Illinois, DO HEREBY CERTIFY that the foregoing 5
    7 pages comprise a true, complete and correct
    8 transcript of the proceedings held on the 22nd of
    9 May
    A.D., 1997, at the Illinois Pollution Control
    10 Board Conference Room, 600 South Second Street,
    11 Springfield, Illinois, in the case of The People of
    12 the State of Illinois v. John Prior and Industrial
    13 Salvage, in proceedings held before the Honorable
    14 Michael Wallace, Hearing Officer, and recorded in
    15 machine shorthand by me.
    16 IN WITNESS WHEREOF I have hereunto set my
    17 hand and affixed my
    Notarial Seal this 24th day of
    18 May
    A.D., 1997.
    19
    20
    Notary Public and
    21 Certified Shorthand Reporter and
    Registered Professional Reporter
    22
    CSR License No. 084-003677
    23 My Commission Expires: 03-02-99
    24
    70
    KEEFE REPORTING COMPANY
    Belleville, Illinois

    Back to top