1. HEARING REPORT
    2. Witness Credibility
    3. Exhibits
    4. Briefing Schedule
 
4
ILLINOIS POLLUTION CONTROL BOARD
December 14, 2006
PEOPLE OF THE STATE OF ILLINOIS,
Complainant,
v.
SKOKIE VALLEY ASPHALT CO., INC.,
EDWIN L. FREDERICK, JR., individually and
as owner and president of SKOKIE VALLEY
ASPHALT, CO., INC., and RICHARD J.
FREDERICK, individually and as owner and
vice president of SKOKIE VALLEY
ASPHALT, CO., INC.,
)
Respondents.
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PCB 96-98
(Enforcement - Water)
HEARING REPORT
On December 12, 2006, a hearing in this matter was held at the James R. Thompson
Center in Chicago, Illinois. Attorney Michael Partee appeared on behalf of the complainant.
Attorneys Michael Jawgiel and David O’Neill appeared on behalf of respondents.
Witness Credibility
Three witnesses testified during the hearing:
Mr. Mitchell Cohen
Mr. Bernard Murphy
Ms. Deborah Stonich
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 complainant and respondent offered exhibits as evidence at hearing. An exhibit list
itemizing the offered exhibits and summarizing their status is attached to this order. The exhibit
numbers start at 100 to avoid confusion with the exhibits presented at the hearing held in 2003.
Briefing Schedule
4
The complete transcript is due December 22, 2006. The public comment deadline is
January 5, 2007. Concurrent briefs are due by January 19, 2007. The mailbox rule will apply.
No response or reply briefs are allowed.
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
4
PCB 96-98
December 12, 2006 Hearing
Exhibit List
Exhibit
Description
Status
Complainant’s Exhibit #100
People’s Attorney Fees and Costs Petition
Admitted
Complainant’s Exhibit #101
Information on Mitchell Cohen’s Hours
Admitted
Complainant’s Exhibit #102
People’s Receipts
Admitted
Complainant’s Exhibit #103
Resume of Mitchell Cohen
Admitted
Complainant’s Exhibit #104
Resume of Bernard Murphy
Admitted
Complainant’s Exhibit #105
Respondent’s Responses to Complainant’s
Interrogatories (filed with the Board on
12/05/05)
Admitted
Respondent’s Exhibit #100
Affidavit of Mitchell Cohen dated 4/13/04
Admitted
Respondent’s Exhibit #101
Affidavit of Mitchell Cohen dated 9/16/04
Admitted
Respondent’s Exhibit #102
Report by Deborah Stonich
Admitted
4
CERTIFICATE OF SERVICE
It is hereby certified that true copies of the foregoing order were mailed, first class, on
December 14, 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 14, 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
PCB 1996-098
David S. O'Neill, Esq.
5487 North Milwaukee Avenue
Chicago, IL 60630-1249
PCB 1996-098
Floor
PCB 1996-098
en
ey General
h Floor
PCB 1996-098
PCB 1996-098
Bernard J. Murphy
Office of the Attorney General
Environmental Bureau
188 West Randolph, 20th Floor
Chicago, IL 60601
Michael C. Partee
Office of the Attorney General
Environmental Bureau
188 West Randolph, 20th
Chicago, IL 60601
Mitchell L. Coh
Office of the Attorn
Environmental Bureau
188 West Randolph, 20t
Chicago, IL 60601
Michael B. Jawgiel, PC
5487 N. Milwaukee Avenue
Chicago, IL 60630-1249

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