ILLINOIS POLLUTION CONTROL BOARD
April 13, 2004
PEOPLE OF THE STATE OF ILLINOIS,
Complainant,
v.
THOMAS GRAY, STEVE WHYTE,
GLADYS WHYTE, LEONA CHILDRESS,
and WILLIAM McCOY,
Respondents.
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PCB 04-106
(Enforcement – Cost Recovery)
HEARING OFFICER ORDER
On April 9, 2004, the People and the attorney for respondents Childress and McCoy
participated in a telephone status conference with the hearing officer. The remaining
respondents did not appear.
The People and respondents Childress and McCoy have proposed a settlement agreement
to the Illinois Environmental Protection Agency. The People expect the Agency to approve the
settlement agreement within the next four to six weeks. In consideration of the pending
settlement agreement, the People’s deadline to answer affirmative defenses is stayed.
The People report that they received certified mail receipts for the complaints served on
respondents Thomas Gray, Steve Whyte, and Gladys Whyte. However, the People have tried to
subpoena telephone records for these individuals, and no records were found. Thus, the People
have not been able to reach these respondents regarding this case. The People plan to file a
motion for summary judgment against these respondents.
The parties are directed to participate in a telephone status conference with the hearing
officer at 9:00 a.m. on May 24, 2004. The status conference shall be initiated by the
complainant. At the status conference, the parties must be prepared to discuss the status of the
above-captioned matter.
IT IS SO ORDERED.
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Carol Sudman
Hearing Officer
Illinois Pollution Control Board
1021 North Grand Avenue East
P.O. Box 19274
Springfield, Illinois 62794-9274
217/524-8509
sudmanc@ipcb.state.il.us
