ILLINOIS POLLUTION CONTROL BOARD
December 15, 2004
VILLAGE OF LAKE BARRINGTON, CUBA
TOWNSHIP, PRAIRIE RIVERS NETWORK,
SIERRA CLUB, BETH WENTZEL and
CYNTHIA SKRUKRUD,
Petitioners,
v.
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY and VILLAGE OF
WAUCONDA,
Respondents.
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PCB 05-55
(Third-Party NPDES Permit Appeal -
Water)
______________________________________
SLOCUM DRAINAGE DISTRICT OF LAKE
COUNTY, ILLINOIS,
Petitioner,
v.
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY and VILLAGE OF
WAUCONDA,
Respondents.
______________________________________
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PCB 05-58
(Third-Party NPDES Permit Appeal -
Water)
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AL PHILLIPS, VERN MEYER, GAYLE
DEMARCO, GABRIELLE MEYER, LISA
O’DELL, JOAN LESLIE, MICHAEL
DAVEY, NANCY DOBNER, MIKE
POLITIO, WILLIAMS PARK
IMPROVEMENT ASSOCIATION, MAT
SCHLUETER, MYLITH PARL LOT
OWNERS ASSOCIATION, DONALD
KREBS, DON BERKSHIRE, JUDY
BRUMME, TWIN POND FARMS
HOMEOWNERS ASSOCIATION, JULIA
TUDOR and CHRISTINE DEVINEY,
Petitioners,
v.
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY and VILLAGE OF
WAUCONDA,
Respondents.
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PCB 05-59
(Third-Party NPDES Permit Appeal -
Water)
(Consolidated)
HEARING OFFICER ORDER
On December 9, 2004, all parties participated in a telephonic status conference with the
hearing officer. The joint motion to reschedule tentative hearing date filed December 8, 2004,
by the petitioners Al Phillips
et al
., and Slocum Lake Drainage District of Lake County, Illinois
(Slocum), was addressed. Paragraph 12 of the motion was addressed first. Paragraph 12
contends that the Illinois Environmental Protection Agency (Agency) failed to file the transcript
of the public hearing held on September 9, 2003. The Agency represented that it intended to file
a motion for leave to amend the record
instanter
and the amended record, which will include the
public hearing transcript. On December 13, 2004, the Agency filed the motion for leave and the
amended record. The Agency’s motion is granted and the public hearing transcript is now part
of the record.
The first part of paragraph 13 was addressed next. The petitioners contend that the
Agency failed to file documents detailing previous violations by the Village of Wauconda. The
Agency represented that the documents are open for review at their Springfield, Illinois office.
The petitioners agreed that they would review these documents in the near future at the Agency’s
office. The second part of paragraph 13 was addressed next. There, the petitioners contend that
the Agency failed to include the complete listing of all documents withheld by the Agency. The
petitioners were directed to file a motion to compel on or before December 15, 2004. The
respondents were directed to file their response, if any, on or before December 22, 2004.
3
The parties were directed to file their respective requests to admit on or before
December 22, 2004. Responses are due to be filed on or before January 7, 2005.
Rescheduling of the hearing dates was discussed next. Based upon the representation by
the Village of Wauconda that it will file a waiver of the statutory decision deadline to and
including April 7, 2005, it was agreed that the January 6 and 7, 2005, hearing is cancelled and a
tentative hearing was rescheduled for February 10 and 11, 2005. The time and location will be
noted in the notice of hearing.
The parties or their legal representatives are directed to participate in a telephonic status
conference with the hearing officer on January 13, 2005, at 1:00 p.m. The telephonic status
conference dial in number is 1-800-290-4477. The pass code is 614896. At the status
conference, the parties must be prepared to discuss the status of the above-captioned matters and
their readiness for hearing.
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
