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ILLINOIS POLLUTION CONTROL BOARD
May 18, 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 REPORT
On May 15, 2006, a hearing in this matter was held at the Kane County
Courthouse, Room 250, 100 South Third Street, Geneva, Illinois. Attorney Mark
Schuster appeared and participated on behalf of the respondent Jeff Magnussen,
president, Village of Hampshire. Attorney James Day appeared and participated on
behalf of respondent Illinois Environmental Protection Agency. Petitioner Wesley
Brazas, Jr., a non-attorney, appeared and represented himself pro se.
Witness Credibility
Brazas was the only witness to testify at the hearing and based upon my legal
judgment, experience, and observations at the hearing, I find that the credibility of the
witness is not an issue in this matter.
Exhibits
The parties offered no exhibits at the hearing.
Briefing Schedule
A briefing schedule was discussed and agreed to at the hearing. Simultaneous
post- hearing briefs are due to be filed on or before June 6, 2006, the date upon which the
record closes in this matter. The mailbox rule will not apply. Public comment is due to
be filed on or before
May 26, 2006.
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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 May 18, 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 18, 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