ILLINOIS POLLUTION CONTROL BOARD
February 24, 2005
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 REPORT
On February 10, 2005, a hearing in the above-captioned consolidated matter was held in
the council chambers at the Libertyville Village Hall, 118 West Cook, Libertyville, Illinois.
Attorney Jay Glenn appeared and participated on behalf of petitioners Al Phillips et al.
Attorney Percy Angelo, appeared and participated on behalf of Village of Lake Barrington, Cuba
Township, Prairie Rivers Network, Sierra Club, Beth Wentzel and Cynthia. Attorney Bonnie
Macfarlane appeared and participated on behalf of Slocum Lake Drainage District of Lake
County, Illinois. Attorney Sanjay Sofat appeared and participated on behalf of the Illinois
Environmental Protection Agency (Agency). Attorney William Seith appeared and participated
on behalf of the Village of Wauconda (Wauconda).
Preliminary Matters
At the hearing, Wauconda noted that a Preliminary Design Report, dated May 30, 2003,
was referenced in the Agency’s record but not included in the record. The Agency filed the
Preliminary Design Report on February 15, 2005. The Report is to be made part of the Agency’s
record.
Witness Credibility
No witnesses testified at the hearing.
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Exhibits
An exhibit list itemizing the offered exhibits and summarizing their status is attached to
this order.
Briefing Schedule
A briefing schedule was discussed and agreed to at the hearing. Simultaneous opening
briefs are due to be filed on or before February 28, 2005. Simultaneous reply briefs, if any, are
due to be filed on or before March 7, 2005. The mailbox rule will not apply. Public comment is
due to be filed on or before March 2, 2005.
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
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PCB 05-55; 05-58; 05-59
February 10, 2005 Hearing
Exhibit List
Exhibit Description Status
Hearing Officer Exhibit 1 Additional Agency record documents
submitted pursuant to hearing officer order
dated February 3, 2005, with objections
submitted therein.
Admitted