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    ILLINOIS POLLUTION CONTROL BOARD
     
    November 21, 2005
     
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
     
    Complainant,
     
    v.
     
    FRANK BENCIE,
     
    Respondent.
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    AC 04-77
    (IEPA No. 265-04-AC)
    (Administrative Citation)
     
    HEARING REPORT
     
    On November 21, 2005, a hearing in this matter was held at City Hall in Benton,
    Franklin County. Attorney Michelle Ryan appeared on behalf of the complainant.
    Respondent appeared
    pro se
    .
     
    Witness Credibility
     
    2 witnesses testified during the hearing:
     
    Mr. Doug Hayward
    Mr. Frank Bencie
     
    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 complainant offered as Exhibit 1 the open dump inspection checklist.
    Respondent did not object, and Exhibit 1 was admitted into evidence. Respondent
    offered receipts from cleanup activities. Complainant objected only to receipts dated
    after the inspection date on the grounds of relevance. The hearing officer admitted into
    evidence the receipts that predated the inspection (Exhibit 2), and accepted the other
    receipts as an offer of proof (Exhibit 3).
     
    Briefing Schedule
     
     
    The transcript is due by December 1, 2005. Complainant’s brief is due by
    December 22, 2005, and respondent’s brief is due by January 12, 2006. Complainant’s
    reply, if any, is due January 19, 2006.
     
      
    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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    CERTIFICATE OF SERVICE
     
    It is hereby certified that true copies of the foregoing order were mailed, first
    class, on November 21, 2005, to each of the persons on the attached service list.
     
    It is hereby certified that a true copy of the foregoing order was hand delivered to
    the following on November 21, 2005:
     
    Dorothy M. Gunn
    Illinois Pollution Control Board
    James R. Thompson Center
    100 W. Randolph St., Ste. 11-500
    Chicago, Illinois 60601
     
     
     
     
    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
    AC 2004-077
    Michelle M. Ryan
    IEPA
    1021 North Grand Avenue East
    P.O. Box 19276
    Springfield, IL 62794-9276
     
     
    AC 2004-077
    James M. Kropid
    IEPA
    1021 North Grand Avenue East
    P.O. Box 19276
    Springfield, IL 62794-9276
     
     
    AC 2004-077
    Frank Bencie
    10220 Bencie Lane
    West Frankfort, IL 62896
      
     
     
     
     
     
     
     
     
     

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