ILLINOIS POLLUTION CONTROL BOARD
     
    October 11, 2005
     
    MIDWEST PETROLEUM COMPANY,
     
    Petitioner,
     
    v.
     
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
     
    Respondent.
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    PCB 06-28
    (UST Appeal)
     
    HEARING REPORT
     
    On October 7, 2005, a hearing in this matter was held at City Hall in Belleville, St. Clair
    County. Attorney Curtis Martin appeared on behalf of the petitioner. Attorney John Kim
    appeared on behalf of the respondent.
      
    Witness Credibility
     
    Four witnesses testified during the hearing:
     
    Mr. Harry Chappel
    Mr. Jeff Schwartz
    Mr. Robert Pulfrey
    Mr. Barry Sink
     
      
      
    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 petitioner offered two exhibits as evidence at hearing. The first exhibit offered was
    the Board’s first notice opinion and order for R04-22 and R04-23. The exhibit was not admitted
    as evidence. Petitioner’s Exhibit 2, an enlarged version of a map found in the administrative
    record, was admitted as evidence. Respondent did not offer any exhibits at hearing.
     
    Briefing Schedule
     
    The expedited transcript is due October 13, 2005. Petitioner’s brief is due
    October 28, 2005, and respondent’s brief is due November 14, 2005. The mailbox rule will not
    apply, although the parties may file briefs electronically.
     
    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

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