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ILLINOIS POLLUTION CONTROL BOARD
November 5, 2009
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Complainant,
v.
GARY J. and JAMES R. SZCZEBLEWSKI,
Respondents.
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AC 09-56
(IEPA No. 136-09-AC)
(Administrative Citation)
HEARING REPORT
On November 4, 2009, a hearing in this matter was held at Benton City Hall in Franklin
County. Attorney Michelle Ryan appeared on behalf of the complainant. Attorney Gary
Szczeblewski appeared on behalf of the respondents.
Witness Credibility
3 witnesses testified during the hearing:
Ms. Maggie Stevenson
Ms. Robyn Hammonds
Mr. James Szczeblewski
Exhibits
An exhibit list itemizing the offered exhibits and summarizing their status is attached to
this order. Respondents objected to complainant’s exhibits 2-4. Respondents’ exhibits 1 and 2
were not photographs of the site, but were offered as examples of clean construction debris.
Respondents’ exhibits were not admitted, but were accepted as an offer of proof.
Briefing Schedule
The Board expects to receive the hearing transcript by November 17, 2009. The public
comment deadline is November 18, 2009. Complainant’s brief is due by December 8, 2009.
Respondent’s brief is due by January 11, 2010. Complainant’s reply, if any, is due by
January 19, 2010.
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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AC 09-56
November 4, 2009 Hearing
Exhibit List
Exhibit
Description
Status
Complainant’s Exhibit #1
Inspection report dated June 11, 2009
Admitted
Complainant’s Exhibit #2
Warning notice to respondents
Admitted
Complainant’s Exhibit #3
Letter from respondents to complainant
dated April 30, 2009
Admitted
Complainant’s Exhibit #4
Letter from complainant to respondents
dated May 27, 2009
Admitted
Respondents’ Exhibit #1
Photo of construction debris (not taken at
site)
Not Admitted
Respondents’ Exhibit #2
News article pertaining to construction
debris in general
Not Admitted
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CERTIFICATE OF SERVICE
It is hereby certified that true copies of the foregoing order were mailed, first class, on
November 5, 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 November 5, 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
AC 2009-056
Michelle M. Ryan
IEPA
1021 North Grand Avenue East
P.O. Box 19276
Springfield, IL 62794-9276
AC 2009-056
Gary J. Szczeblewski
111 East Franklin Avenue
Sesser, IL 62884
AC 2009-056
James R. Szczeblewski
111 East Franklin Avenue
Sesser, IL 62884
