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    ILLINOIS POLLUTION CONTROL BOARD
     
    May 10, 2006
     
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
     
    Complainant,
     
    v.
     
    JAMES STUTSMAN,
     
    Respondent.
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    AC 05-70
    (Administrative Citation)
     
    HEARING REPORT
     
    On May 10, 2006, a hearing in this matter was held at the Mason County Courthouse in
    Havana, Illinois. Attorney Michelle Ryan appeared on behalf of the complainant. Ms. Ryan
    filed her appearance at hearing. Respondent appeared
    pro se.
     
     
    Witness Credibility
     
    2 witnesses testified during the hearing:
     
    Ms. Michelle Cozadd
    Mr. James Stutsman
     
    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 four exhibits offered by complainant were admitted at hearing. Exhibit 1 is the
    inspection report from April 1, 2005; Exhibit 2 is the administrative citation warning notice;
    Exhibit 3 is correspondence from respondent to complainant dated January 11, 2001; Exhibit 4 is
    a letter from complainant to respondent dated October 5, 2005.
     
    Briefing Schedule
     
     
    Complainant will file its brief by June 7, 2006. Respondent’s brief is due by June 28, 2006. The
    mailbox rule will apply.
     
    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
    May 11, 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 May 11, 2006:
     
    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 2005-070
    Michelle M. Ryan
    IEPA
    1021 North Grand Avenue East
    P.O. Box 19276
    Springfield, IL 62794-9276
     
     
    AC 2005-070
    James Stutsman
    8443 County Road 1100E
    Bath, IL 62617
      
     
     
     
     
     
     
     
     

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