ILLINOIS POLLUTION CONTROL BOARD
    November 10, 2004
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
    Complainant,
    v.
    JOHN BROWN d/b/a JOHN BROWN
    PAINTING,
    Respondent.
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    AC 04-82
    (IEPA No. 270-04-AC)
    (Administrative Citation)
    HEARING REPORT
    On November 9, 2004, a hearing in this matter was held at the City Hall Council
    Chambers in Metropolis, Illinois. Attorney Michelle Ryan appeared on behalf of the
    complainant, and filed her appearance at the hearing. Respondent appeared
    pro se
    .
    Witness Credibility
    3 witnesses testified during the hearing:
    Mr. Kent Johnson
    Mr. John Brown
    Mrs. Kim Brown
    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
    Exhibit 1, admitted into evidence at hearing, is complainant’s open dump inspection
    checklist dated April 7, 2004. Respondent offered recent photographs of the site as Exhibit 2 to
    demonstrate that the site had been cleaned. Complainant objected on grounds of relevance, and
    the photographs were accepted only as an offer of proof.
    Briefing Schedule
    The transcript is due November 22, 2004. Complainant will file its brief by
    December 13, 2004. Respondent’s brief is due by January 10, 2005. Complainant’s reply, if
    any, is due January 24, 2005.
    IT IS SO ORDERED.
    2
    _____________________
    Carol Webb
    Hearing Officer
    Illinois Pollution Control Board
    1021 North Grand Avenue East
    P.O. Box 19274
    Springfield, Illinois 62794-9274
    217/524-8509
    webbc@ipcb.state.il.us

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