ILLINOIS POLLUTION CONTROL BOARD
    December 1, 2005
     
    WILLIAM BREUER,
     
    Petitioner,
     
    v.
     
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
     
    Respondent.
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    PCB 06-25
    (UST Appeal)
     
    HEARING OFFICER ORDER
     
    On November 29, 2005, petitioner’s attorney faxed a motion for a second continuance of
    the hearing set for December 1, 2005 on the grounds that respondent still had not filed the
    administrative record. Respondent did not object to continuing the hearing, but stated that
    petitioner had everything in the record except for several letters respondent had sent to petitioner
    of which petitioner should be aware.
     
    The hearing officer was unable to reach the petitioner’s attorney on November 30, 2005
    to discuss the continuance. The hearing officer was finally able to reach both parties at
    10:00a.m. on December 1, 2005, thirty minutes before the hearing was set to begin. At that time,
    petitioner’s representatives from USI decided that they now wanted the hearing moved to
    Washington County. The hearing officer denied the request on the grounds that notice was too
    short, and petitioner was not willing to waive the deadline for a sufficient amount of time to
    make the hearing officer comfortable with the request. Additionally, the request to cancel the
    hearing did not meet the requirements of Section 101.510 of the Board’s procedural rules (35 Ill.
    Adm. Code 101.510).
     
    On December 1, 2005, the hearing was continued to January 20, 2006 in Springfield.
    Petitioner faxed an additional waiver to May 17, 2006 which would require the Board to decide
    this matter at its meeting on May 4, 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
    December 1, 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 December 1, 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
    2
      
    PCB 2006-025
    John J. Kim
    IEPA
    1021 North Grand Avenue East
    P.O. Box 19276
    Springfield, IL 62794-9276
     
     
     
    PCB 2006-025
    Curtis W. Martin
    Shaw & Martin
    123 South 10th Street, Suite 302
    P. O. Box 1789
    Mt. Vernon, IL 62864
     
     
     
     
     
     
     
     
     
     
     
     

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