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ILLINOIS POLLUTION CONTROL BOARD
June 17, 2009
PRIME LOCATION PROPERTIES, LLC.,
Petitioner,
v.
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Respondent.
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PCB 09-67
(LUST Appeal)
HEARING REPORT
On June 17, 2009, a hearing in this matter was held at the Illinois Environmental
Protection Agency in Springfield, Illinois. Attorney Patrick Shaw appeared on behalf of
the petitioner. Attorney Tom Davis appeared on behalf of the respondent.
Witnesses
No witnesses testified during the hearing. Petitioner’s attorney expected to call
one witness, but he did not appear.
Exhibits
At the time of hearing, the administrative record had not been filed with the
Board. Petitioner offered 8 exhibits as evidence at hearing. The parties believe that
Exhibits 1, 2, 3, 4, 6, and 7 are part of the administrative record. Exhibit 8 is background
information from respondent’s website, and Exhibit 5 is a document from the Office of
the State Fire Marshal. Respondent did not object to any of the exhibits.
Briefing Schedule
The expedited transcript is due by June 22, 2009. Petitioner’s brief is due by 4:30
p.m. June 29, 2009 and respondent’s brief is due by 4:30 p.m. on July 6, 2009. The
mailbox rule will not apply, although the parties may file electronically, or if necessary,
by fax with originals to follow. The public comment deadline is July 6, 2009.
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 June 17, 2009, 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 June 17, 2009:
John T. Therriault
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 2009-067
Thomas Davis
IEPA
1021 North Grand Avenue East
P.O. Box 19276
Springfield, IL 62794-9276
PCB 2009-067
William Ingersoll
IEPA
1021 North Grand Avenue East
P.O. Box 19276
Springfield, IL 62794-9276
PCB 2009-067
Patrick D. Shaw
Mohan, Alewelt, Prillaman & Adami
First of America Center
1 North Old State Capitol Plaza, Suite
325
Springfield, IL 62701-1323
PCB 2009-067
Joe Keebler
Prime Location Properties, LLC
P. O. Box 242
Carbondale, IL 62903
