ILLINOIS POLLUTION CONTROL BOARD
December 6, 2004
GINA PATTERMANN, )
)
Complainant, )
)
v. ) PCB 99-187
) (Citizens Enforcement - Noise, Air)
BOUGHTON TRUCKING AND )
MATERIALS, )
)
Respondent. )
HEARING OFFICER ORDER
On December 2, 2004, all parties participated in a telephonic status conference. The
complainant made an oral motion to cancel the previously scheduled December 13 and 14, 2004
hearing. The complainant’s attorney stated that he had a death in the family and that he would
not be ready to participate in the hearing. The attorney for the complainant filed a written
motion with affidavit on December 2, 2004, supporting his motion. The respondent objected
stating that it was ready for hearing and that additional costs would be incurred if the hearing
were cancelled.
The complainant’s motion is granted where the hearing officer finds sufficient reason to
cancel the hearing. The hearing set for December 13 and 14, 2004, in the above-captioned
matter is hereby cancelled.
Alternative hearing dates were discussed which included the week of January 24, 2005,
and the week of January 31, 2005. Respondent later informed the hearing officer that its expert
witness was not available the week of January 24, 2005. To that end, a hearing for January 31,
2005, and February 1, 2005, has been tentatively scheduled. The time and location will be noted
in the notice of hearing.
The parties are directed to participate in a telephonic status conference with the hearing
officer on December 20, 2004, at 9:30 a.m. The conference must be initiated by the
complainant, but each party is nonetheless responsible for its own appearance. At the
conference, the parties must be prepared to discuss the status of the above-captioned matter and
their readiness for hearing.
IT IS SO ORDERED.
2
Bradley P. Halloran
Hearing Officer
Illinois Pollution Control Board
James R. Thompson Center, Suite 11-500
100 West Randolph Street
Chicago, Illinois 60601
312.814.8914