ILLINOIS POLLUTION CONTROL BOARD
March 21, 2005
PAUL JOHNSON INC.,
Petitioner,
v.
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY and CITY OF
WATERMAN, ILLINOIS,
Respondents.
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PCB 05-109
(Water Well Setback Exception)
HEARING REPORT
On March 8, 2005, a hearing in this matter was held at the City Hall Annex, 128
E. Railroad, Sandwich, Illinois. Attorney Richard Saines appeared and participated on behalf of
the petitioner. Attorney Charles Gunnarson appeared and participated on behalf of respondent
Illinois Environmental Protection Agency. Attorney Kevin Buick appeared and participated on
behalf of respondent City of Waterman, Illinois.
Witness Credibility
Three witnesses testified at the hearing. Based upon my legal judgment, experience and
observations at the hearing, I find that the credibility of the witnesses is not an issue in this
matter.
Exhibits
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 parties’
simultaneous opening post-hearing briefs must be served and filed on or before March 25, 2005.
The parties’ simultaneous replies, if any, must be served and filed on or before March 31, 2005.
Public comment is due to be filed on or before March 21, 2005.
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
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PCB 05-109
March 8, 2005 Hearing
Exhibit List
Exhibit Description Status
Petitioner’s Group Exhibit 1 Includes attachments A through C
regarding groundwater monitoring
Admitted
Petitioner’s Exhibit 2 Letter dated March 4, 2005, from Steven
Swenson to Lynn Dunaway regarding
expanded well log search
Admitted
Petitioner’s Exhibit 3 Grid of proposed injection points for
Phases I and II
Admitted
Petitioner’s Exhibit 4 Material Safety Data Sheet dated February
10, 2005
Admitted
Petitioner’s Exhibit 5 Letter dated March 4, 2005, from Steven
Swenson to Lynn Dunaway regarding
expanded well log search with “X” marked
on map to signify location of new well
Admitted