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ILLINOIS POLLUTION CONTROL BOARD

September 16, 2009

DICKERSON PETROLEUM, INC.,

Petitioner,

v.

ILLINOIS ENVIRONMENTAL

PROTECTION AGENCY,

Respondent.

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PCB 09-87

PCB 10-5

(UST Appeal)

(Consoldiated)

HEARING REPORT

On September 16, 2009, a hearing in this matter was held at the Illinois Pollution

Control Board in Springfield, Illinois. Attorneys Ed Dwyer and Monica Rios appeared on

behalf of the petitioner. Attorney James Richardson appeared on behalf of the

respondent.

Witness Credibility

3 witnesses testified during the hearing:

Mr. Tom Herlacher

Mr. James Foley

Mr. Jay Gaydosh

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 petitioner offered 8 exhibits as evidence at hearing. An exhibit list itemizing

the offered exhibits and summarizing their status is attached to this order. Respondent

did not object to exhibits 1-5 and 8, and those exhibits were admitted. Respondent’s

objections to exhibits 6 and 7 were sustained, and petitioner has made offers of proof.

Additionally, the parties agree that certain documents were inadvertently omitted from the

administrative record filed with the Board. The supplemental materials, which are

properly part of the record, begin with Bates stamp 000191.

Briefing Schedule

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The transcript is due by September 28, 2009. Petitioner’s brief is due by 4:30

p.m. October 26, 2009 and respondent’s brief is due by 4:30 p.m. on November 23, 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 October 13,

2009.

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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PCB 09-87 and PCB 10-5

September 16, 2009 Hearing

Exhibit List

Exhibit

Description

Status

Petitioner’s Exhibit #1

Thomas Herlacher’s resume

Admitted

Petitioner’s Exhibit #2

35 Ill. Adm. Code 734.505 printed from

Lexis

Admitted

Petitioner’s Exhibit #3

35 Ill. Adm. Code 734.210 printed from

Lexis

Admitted

Petitioner’s Exhibit #4

41 Ill. Adm. Code 170.560 printed from

Lexis

Admitted

Petitioner’s Exhibit #5

41 Ill. Adm. Code 170.580 printed from

Lexis

Admitted

Petitioner’s Exhibit #6

Log of Underground Storage Tank for

County Line Quick Stop

Not Admitted

Petitioner’s Exhibit #7

Log of Underground Storage Tank for Red

Bud Oil Company

Not Admitted

Petitioner’s Exhibit #8

James Foley’s resume

Admitted

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