ILLINOIS POLLUTION CONTROL BOARD
August 19, 2005
PEOPLE OF THE STATE OF ILLINOIS,
Complainant,
v.
PETCO PETROLEUM CORPORATION, an
Indiana corporation,
Respondent.
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PCB 05-66
(Enforcement - Water)
HEARING OFFICER ORDER
On July 12, 2005, complainant filed a motion to strike respondent’s objections to certain
requests for admission of facts. Complainant also moves the hearing officer to compel
responses. Respondent filed a response on July 25, 2005.
In a thirteen-count amended complaint, the People allege that respondent caused or
allowed releases of salt water and crude oil from several production areas into different stream
reaches. The amounts of the alleged releases from May-December 2004 range from 50 to 300
barrels of salt water, and 1 to 15 barrels of crude oil.
Respondent objected to numerous items in complainant’s request to admit facts on the
grounds that certain terms used were vague or called for an opinion and/or conclusion of law.
Specifically respondent objected to the terms “discolored” or “turbid” when describing the
appearance of water; the presence of “unnatural bottom deposits” and “suspended precipitate”;
and references to whether the salt water and crude oil “affected” or “impacted” an area.
Given the facts of the case, and the violations alleged, the hearing officer finds that these
terms are not vague, and do not impermissibly call for an opinion and/or conclusion of law.
Accordingly, complainant’s motion to compel responses is granted.
The parties are reminded to participate in a telephone status conference with the hearing
officer at 10:00 a.m. on September 27, 2005. The status conference shall be initiated by the
complainant.
IT IS SO ORDERED.
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_____________________
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
