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ILLINOIS POLLUTION CONTROL BOARD
December 11, 2006
WEBB & SONS, INC.,
Petitioner,
v.
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Respondent.
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PCB 07-24
(UST Appeal)
HEARING REPORT
On December 11, 2006, a hearing in this matter was held at the Illinois Pollution
Control Board in Springfield, Illinois. Attorney Jeffrey Tock appeared on behalf of the
petitioner. Attorney Greg Richardson appeared on behalf of the respondent. The hearing
was postponed for one hour to allow time for the parties to discuss the case.
Witness Credibility
Two witnesses testified during the hearing:
Mr. Kevin Saylor
Mr. James Malcom
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
Petitioner’s exhibits 1, 3, and 4 consist of pages pulled from the administrative
record, and were admitted. Petitioner’s exhibits 2 and 5 relate to a recent appeal of the
same site. Respondent did not object to the admissibility, but objected on the grounds of
relevance. The exhibits were admitted. Petitioner’s exhibits 6, 7, and 8 consist of
respondent’s testimony In The Matter of Proposed Amendments to Regulation of
Petroleum Leaking Underground Storage Tanks (35 Ill. Adm. Code 732) R04-22. These
exhibits were not used at hearing, although petitioner may use them for argument in its
post-hearing brief. Respondent did not object to the admissibility, but objected as to
relevance. The documents were admitted as public records of which the Board could
take notice.
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Briefing Schedule
The transcript is due by December 14, 2006. Petitioner will file its brief by
December 29, 2006, and respondent’s brief is due by January 12, 2007. The mailbox rule
will not apply.
IT IS SO ORDERED.
_____________________
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 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 December 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
Agency
rth Grand Avenue East
2794-9276
Agency
orth Grand Avenue East
2794-9276
PCB 2007-024
k
ock
venue, Ste. 601
61824-1550
PCB 2007-024
James G. Richardson
Illinois Environmental Protection
1021 No
P.O. Box 19276
Springfield, IL 6
PCB 2007-024
Illinois Environmental Protection
1021 N
P.O. Box 19276
Springfield, IL 6
Jeffery W. Toc
Harrington and T
201 W. Springfield A
P.O. Box 1550
Champaign, Il
