ILLINOIS POLLUTION CONTROL BOARD
    October 7, 2004
    BONITA SAXBURY and RICHARD
    SAXBURY,
    Complainants,
    v.
    ARCHER DANIELS MIDLAND, HULL,
    ILLINOIS DIVISION,
    Respondent.
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    PCB 04-79
    (Citizens Enforcement – Noise)
    HEARING REPORT
    On October 6, 2004, a hearing in this matter was held at the City Hall in Pittsfield, Pike
    County. Complainants appeared
    pro se
    . Attorney Lee Cunningham appeared on behalf of the
    respondent.
    Witness Credibility
    Four witnesses testified during the hearing:
    Mr. Richard Saxbury
    Mr. W. Kent Thompson
    Mr. G.W. Dimmitt
    Ms. Bonita Saxbury
    Based upon my legal judgment, experience, and observations at hearing, I find that the
    credibility of witness is not an issue in this matter.
    Exhibits
    The complainants offered a set of photographs of respondent’s site as taken from
    complainants’ property. Respondent did not object. The photographs were admitted into
    evidence at hearing as Exhibit 1.
    Briefing Schedule
    The transcript is due October 18, 2004. The public comment deadline is
    November 15, 2004. Complainants will file their brief by November 3, 2004, respondent will
    file its response brief by November 17, 2004. The mailbox rule will apply.
    IT IS SO ORDERED.
    2
    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

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