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ILLINOIS POLLUTION CONTROL BOARD
April 6, 2006
WESLEY BRAZAS, JR.,
Petitioner,
v.
MR. JEFF MAGNUSSEN, president,
VILLAGE OF HAMPSHIRE, and the
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Respondents.
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PCB 06-131
(Third-Party NPDES Permit
Appeal - Water)
HEARING OFFICER ORDER
On April 4, 2006, all parties participated in a telephonic status conference with
the hearing officer. Hearing dates were discussed and agreed to. A hearing will be held
on May 15 and 16, 2006, as reflected in the April 6, 2006, hearing notice. The Village of
Hampshire represented that it will file a waiver of the statutory decision deadline to and
including July 6, 2006.
The discovery schedule is as follows. All parties must propound interrogatories
and request for production of documents on or before April 14, 2006. All parties must
respond to any such discovery requests on or before May 1, 2006. All discovery must be
closed on May 4, 2006. Any motions in limine must be filed on or before May 8, 2006.
Any other pre-hearing motions must be filed on or before April 14, 2006. Response from
opposing party must be filed on or before April 28, 2006. Reply, if any, must be filed on
or before May 4, 2006. Due to the expedited nature of this proceeding, the mailbox rule
will not apply.
The parties are reminded that in third-party permit appeals, such as the one here,
section 40(e)(3) of the Act requires the Board to “hear the petition…exclusively on the
basis of the record before the Agency.” Des Plaines River Watershed Alliance, Livable
Communities Alliance, Prairie Rivers Network, and Sierra Club v. Illinois Environmental
Protection Agency and Village of New Lenox, PCB 04-88, slip op. at 38 (November 17,
2005).
The parties or their legal representatives are directed to participate in a telephonic
pre-hearing conference with the hearing officer on May 10, 2006, at 10:00 a.m. The
telephonic pre-hearing conference must be initiated by the petitioner, but each party is
nonetheless responsible for its own appearance. At the conference, the parties must be
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prepared to discuss the status of the above-captioned matter and their readiness for
hearing.
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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CERTIFICATE OF SERVICE
It is hereby certified that true copies of the foregoing order were mailed, first
class, on April 10, 2006, 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 April 10, 2006:
Dorothy M. Gunn
Illinois Pollution Control Board
James R. Thompson Center
100 W. Randolph St., Ste. 11-500
Chicago, Illinois 60601
Bradley P. Halloran
Hearing Officer
Illinois Pollution Control Board
100 W. Randolph Street, Suite 11-500
Chicago, Illinois 60601
(312) 814-8917
PCB 2006-131
IEPA
1021 North Grand Avenue East
P.O. Box 19276
Springfield, IL 62794-9276
PCB 2006-131
James Allen Day
IEPA
1021 North Grand Avenue East
P.O. Box 19276
Springfield, IL 62794-9276
PCB 2006-131
Jeff Magnussen
Village of Hampshire
234 South State Street
P.O. Box 457
Hampshire, IL 60140-0457
PCB 2006-131
Mark Schuster
Schnell, Bazos, Freeman, Kramer, Schuster & Vanek
1250 Lakin Avenue #100
Elgin, IL 60123
PCB 2006-131
Wesley Brazas, Jr.
44W331 Big Timber Road
Hampshire, IL 60140
