R0ECEIVEO
LEAK S OFFICE
BEFORE THE ILLINOIS POLLUTION CONTROLBO~R~E~
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STATE OF ILLINOIS
Pollution Controj Board
Petitioner,
PCBO3-185
(UST appeal)
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Respondent
NOTICE OF FILING AND PROOF OF SERVICE
JohnKim
Division of Legal Counsel
Illinois Environmental Protection Agency
1021 N. Grand Ave. East
P.O.
Box 19276
Springfield, IL 62794-9276
The undersigned certifies
that an original and
nine copies of Petitioner’s Notice of
Errata/Refiing ofWitness List was served
upon
the
Clerk of the illinois
Pollution Control
Board,
and one copy was served upon the hearing officer in this case by enclosing same in
envelopes with
postage
fully
prepaid,
and
by
depositing
said
envelopes
in
a
U.S.
Post
Office
Mail
Box
in
Springfield, Illinois, and one copy was served upon the above party of reco,rd’in
this case via hand-
delivery at the above address, on the~day ofFebruary, 2004.
)S~te~hen
F.
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inger~
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Hedinger Law Office
2601 South Fifth Street
Springfield, IL 62703
(217)
523-2753
phone
(217)
523-4366
fax
SWIF-T FOOD MART,
V.
ILLINOIS ENVIRONMENTAL PROTECTION
AGENCY,
To:
Bradley Halloran, Hearing Officer
illinois Pollution Control Board
James R. Thompson Center
100 West Randolph Street, Suite 11-500
Chicago, illinois 60601
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THIS FILING IS SUBMIY~ED
ON RECYCLED PAPER
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
SWIF-T FOOD MAR
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Petitioner,
v.
ILLINOIS ENVIRONMENTAL PROTECTION
AGENCY,
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PCBO3-185
(UST appeal)
Respondent.
NOTICE OF ERRATA/REFILING OF WITNESS LIST
C
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TO:
John Kim
Division ofLegal Counsel
.
Illinois Environmental Protection Agency
1021 N. GrandAve. East
.
.
:~T
1,
P.O.
Box 19276
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.
Springfield, IL 62794-9276
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PLEASE TAKE NOTICE that the Notice to Appear and Produce that was filed onFebruary
4,2004, was incorrectly copied and therefore was missing a portion ofpage 2 from the copies that
were
hand delivered to the Respondent and mailed to the Clerk ofthe IPCB and the hearing officer.
Attached to this Notice is the entire Notice to Appear and Produce which Petitioner asks to be
substituted for the Notice to Appear and Produce that was filed on February 4,2004.:
Respectfully submitted,
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SWIF-T FOOD MART,
Petitioner,
By its attorney,
HEDINGER LA
Hedinger Law Office
2601
South Fifth Street
Springfield, IL 62703
(217) 523-2753 phone
(217) 523-4366 fax
RECEIVED
BEFORE ThE1LLINOIS-PQ~UTIONCONTROb~BOAR~E~
OFFICE
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FEB
10
200k
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SWIF-T FOOD MART,
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STATE OF ILLINOIS
Petitioner,
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Pollution Control Board
)
v.
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)
PCBO3-185
)
(UST appeal)
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ILLINOIS ENVIRONMENTAL PROTECTION
)
AGENCY,
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)
Respondent.
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NOTICE OF FILING AND PROOF OF SERVICE
ITo:
Bradley Halloran, Hearing Officer
.
Illinois Pollution Control Board
James R. Thompson Center
100 West Randolph Street, Suite 11-500
Chicago, Illinois 60601
-.
John Kim
Division of Legal Counsel
Illinois Environmental Protection Agency
1021 N. Grand Ave. East
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P.O. Box 19276
Springfield, IL 62794-9276
The undersigned certifies that an original and nine copies of Petitioner’s Notice to
Appear and
Produce was served
upon the Clerk of the Illinois Pollution Control Board,
and one
copy
was
served
upon
the hearing officer in
this
case by
enclosing
sa’me
in envelopes with
postage
fully prepaid,
and
by
depositing
said
envelopes in
a
U.S. Post Office
Mail Box
in
Springfield,
Illinois,
and
one
copy was served
upon the
above party of record
in this
case
via
hand-delivery at the above address, on the~-dayof February 4, 2004.
Hedinger Law Office
2601
South Fifth Street
Springfield, IL 62703
(217) 523-2753 phone
(217) 523-4366 fax
THIS FILING IS SUBMIITED ON RECYCLED
PAPER
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BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
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S~F-TFOOD MART,
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Petitioner,
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Respondent.
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NOTICE TO APPEAR AND PRODUCE
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TO:
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JohnKim
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Division ofLegal Counsel
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Illinois Environmental Protection Agency
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1021 N. Grand Ave. East
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P.O. Box 19276
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Springfield, IL 62794-9276
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YOU AND EACH OF YOU WILL HEREBY TAKE NOTICE that on February 11,
2004, beginning at 10:00 a.m., at Village Hall, Council Chambers, 118 W. Cook, Libertyville,
Illinois, Petitioner, SWIF-TFOOD MART, by Stephen F. Hedinger, its attorney, will appear
before Bradley Halloran, hearing officer, at the above time and date, for hearing, at which time
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and place the following agents and employees ofRespondent must appearfor testimony and
must produce the following certain described documents, pursuant to Supreme Court Rule
237(b) and 35 Iii. Adm. Code 101.100(b).
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1.
Douglas E.
Oaldey
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Manager, LUST Claims Unit
Planning & Reporting Section
Bureau ofLand
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2.
Eric Kuhiman
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Proj ect Manager, LUST Section
Land Pollution Control
Bureau ofLand
E
OPY
V.
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ILLINOIS ENVIRONMENTAL PROTECTION
AGENCY,
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PCB 03485
(USTappeal)
3.
Harry A. Chappel
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Unit Manager, LUST Sectioa
Division ofRemediation Management
Bureau of Land
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4.
Niki Weller
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LUST Claims Unit
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Planning & Reporting Section
Bureau ofLand
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5.
Victoria McKinnon
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Land Pollution Control
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Bureau of Land
YOU ARE HEREBY DIRECTED TO PRODUCE, at the same time and place and for
purposes of inspection, copying, and questioning, the following documents:
1.
The LUST Reimbursement Application for the Swif-T Food Mart facility
dated November 7, 2002.
2.
The LUST Reimbursement Application for the Swif-T Food Mart facility
received by the IEPA in early 2001 requesting $11,971.08 in reimbursement.
3.
Any and all documents including but not limited
to
correspondence, notes,
memoranda, email messages, etc., relating to the LUST Reimbursement that paid $1,971.08 on
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September
6, 2001.
4.
Any and all documents, including correspondence, notes, memoranda,
email messages, etc., relating to the deductible amounts for Incident 960723 and
Incident
951716.
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5.
Any and
all documents relating to
the reimbursement decision in this case
or this litigation, including but not limited to notes,
correspondence, memoranda, email
messages, etc.
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SWIF..T FOOD MART,
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Petitioner,
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~By
its attorney,
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-By
Hedinger Law Office
2601
South Fifth Street
Springfield,
IL 62703
(217)
523-2753
phone
(217) 523-4366 fax
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I..
I.
Respectfully submitted,