ILLINOIS POLLUTION CONTROL BOARD
July 28, 2005
PEOPLE OF THE STATE OF ILLINOIS,
Complainant,
v.
FIRST ROCKFORD GROUP, INC.,
VILLAGE OF CHERRY VALLEY,
HERITAGE ENGINEERING, LTD., and
SCHLICHTING & SONS EXCAVATING,
INC.,
Respondents.
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PCB 05-215
(Enforcement – Public Water Supply)
HEARING OFFICER ORDER
On July 28, 2005, al parties participated in a telephonic status conference with the
hearing officer. It was represented that all respondents appear to have reached a settlement or
anticipate a settlement. Settlement discussions continue, including the circulation of stipulations
and proposal for settlement (stipulation) for review.
Respondents First Rockford Group, Inc., (Rockford), Village of Cherry Valley (Village)
and Schlichting & Sons Excavating (Schlichting), made oral motions for extensions of time to
file their respective answers. The complainant had no objection. Respondents Rockford, Village
and Schlichting motions are granted and their respective answers are now due to be filed on or
before October 28, 2005.
John Malburg, who stated that he was representing respondent Heritage Engineering,
Ltd., (Heritage) was directed to file his appearance on or before August 5, 2005. If Malburg is
not an attorney, Malburg is directed to review Section 101.400(a) (2) of the Board’s procedural
rules where it mandates that when appearing before the Board, any person other than individuals
must appear through an attorney-at-law licensed and registered to practice law.
The parties or their legal representatives are directed to participate in a telephonic status
conference with the hearing officer on October 6, 2005, at 9:30 a.m. The telephonic status
conference must be initiated by the complainant, but each party is nonetheless responsible for its
own appearance. At the status conference, the parties must be prepared to discuss the status of
the above-captioned matter and their readiness for hearing.
IT IS SO ORDERED.
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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
