1. UKI(ilNatkL
UKI(ilNatkL
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ILLINOIS POLLUTION CONTROL BOARD
2
3
CITIZENS AGAINST LANDFILL
4
EXPANSION
(CALE),
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Petitioner,
6
vs.
)
PCB No.
03-236
(Pollution Control
7
AMERICAN DISPOSAL SERVICES OF
)
Facility Siting
ILLINOIS,
INC.,
and LIVINGSTON
)
Appeal)
8
COUNTY BOARD,
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Respondents.
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The following
is the transcript of a hearing
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held
in the above-entitled matter,
taken
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stenographically by Gale
G.
Everhart,
CSR-RPR,
a notary
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public within and for the County of Peoria and State
of
20
Illinois,
before Bradley
P. Hallôran,
Hearing Officer,
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at the Pontiac City Hall,
115 West Howard Street,
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Pontiac,
Illinois,
on the 9th day of September,
A.D.
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2003,
commencing
at
8:01
a.m.
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Page 2
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PRESENT:
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HEARING TAKEN BEFORE:
ILLINOIS POLLUTION CONTROL BOARD
3
100 West Randolph Street
James
R.
Thompson Center,
Suite 11-500
4
Chicago,
Illinois
60601
(312)
814-8917
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BY:
MR. BRADLEY P. HALLORAN
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APPEARANCES:
7
CAROLYN GERWIN,
ESQUIRE
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Attorney at Law
705 South Locust Street
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Pontiac,
Illinois
61764
(815)
842-2486
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On Behalf of the Petitioner.
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EHRMANN,
GEHLBACH,
BADGER & LEE
BY:
DOUGLAS
E.
LEE, ESQUIRE
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Attorney at Law
P.O. Box 447
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Dixon,
Illinois
61021
(815)
288-4949
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On Behalf of the Respondent American Disposal
Services of Illinois,
Inc.
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LAW OFFICES OF LARRY M.
CLARK
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BY:
LARRY
M.
CLARK, ESQUIRE
Attorney at Law
17
700 North Lake Street,
Suite 200
Mundelein,
Illinois
60060
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(847)
949-9396
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-and-
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BLAKEMAN,
SCHROCK,
BAUKNECHT
BY:
C.
THOMAS BLAKEMAN,
ESQUIRE
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Attorney at Law
307 West Washington Street
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Pontiac,
Illinois
61764
(815)
844-6177
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On Behalf of the Respondent the Livingston
County Board.
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Page 3
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ALSO PRESENT:
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David
Bryant
John McDonnell
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Jeanne Rapp
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Page4
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HEARING OFFICER HALLORAN:
Good morning everyone.
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My name is Bradley Halloran.
I am a hearing officer
3
with the Illinois Pollution Control Board.
I’m also
4
assigned to this matter entitled Citizens Against
5
Landfill Expansion,
Petitioner, versus American Disposal
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Services of Illinois,
Inc.,
and Livingston County Board,
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with the corresponding Board number PCB 03-236.
And
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this matter is continued on record from yesterday,
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September
8th,
2003.
Today is September 9th,
2003.
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It’s my understanding
--
and I’ll let the
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parties introduce themselves and state their position.
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It’s my understanding that the parties are close to
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resolving this issue.
I guess there are a few
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settlement terms that need to be ironed out.
Is
it fair
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to say,
Ms. Gerwin,
that you are optimistic that the
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motion to withdraw will be filed by or before 4:30
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today?
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MS. GERWIN:
Yes.
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HEARING OFFICER HALLORAN:
Okay.
Thank you.
With
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that
said,
Ms.
Gerwin,
would you like to introduce
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yourself just for the record.
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MS. GERWIN:
Yes.
My name
is Carolyn Gerwin.
I
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represent Citizens Against Landfill Expansion,
the
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petitioner in this matter.
And we would be moving for
Page
5
1
adjournment
of this hearing until tomorrow at
8 a.m.,
if
2
necessary.
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HEARING OFFICER HALLORAN:
Thank you.
4
Mr.
Lee.
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MR.
LEE:
Thank you,
Mr. Hearing Officer.
My name
6
is Douglas Lee.
I represent American Disposal Services
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of Illinois,
Inc.,
and we would join in Ms. Gerwin’s
8
motion.
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HEARING OFFICER HALLORAN:
County Board.
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MR.
CLARK:
Larry Clark on behalf of Livingston
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County Board along with Thomas Blakeman.
The County
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stands ready and able to go forward with this.
We do
13
not join in the motion.
We are ready for the hearing,
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Mr. Hearing Officer.
And we would ask that the
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petitioner call their witnesses.
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HEARING OFFICER
HALLORAN:
Okay.
When you say you
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will not join in the motion,
the motion to withdraw?
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MR.
CLARK:
The motion to continue.
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HEARING OFFICER HALLORAN:
Okay.
All right.
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MR. BLAKEMAN:
We are prepared to proceed right
21
now.
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HEARING OFFICER HALLORAN:
Okay.
Thank you.
And,
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Mr. Blakeman,
I neglected to introduce you yesterday.
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But Mr. Blakeman was here on September 8th for the
Page6
County, yesterday;
and he is here today
With that said,
and based on the County’s
representation,
we definitely need to go forward
tomorrow morning
at
8 a.m.
if this matter does not get
resolved because we only have two days left and that’s
it.
And we will do the posthearing briefs and the
record closes
If there are no other comments or questions
or issues
--
by the way,
the County’s motion is denied,
and we will take it up tomorrow morning.
Presumably,
the petitioners will
file a motion to withdraw,
and the
Board will accept that by fax with hard copies to
follow
With that said,
this hearing
is adjourned and
stayed and continued until tomorrow morning at
8
a.m.,
September 10th.
And if a motion to withdraw is not
filed by today,
then the petitioners are asked
to be
ready to call their first witness tomorrow by
8 a.m.
Thank you very much,
and thanks for showing up.
(Whereupon,
the proceedings concluded
at
8:05 a.m.)
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Page 7
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STATE OF ILLINOIS
ss
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COUNTY OF PEORIA
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CERTIFICATE OF REPORTER
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I,
GALE
G.
EVERHART,
CSR-RPR, Notary Public
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in and for the County of Peoria,
State of Illinois,
do
9
hereby certify that the foregoing transcript,
consisting
10
of pages
1 through
6,
both inclusive,
constitutes a true
11
and accurate transcript of the original stenographic
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notes recorded by me of the foregoing proceedings had
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before Hearing Officer Bradley
P. Halloran,
in Pontiac,
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Illinois,
on the 9th of September,
A.D.
2003.
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Dated this 9th day of September,
A.D.
2003.
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GALE G.
EVERHART,
CSR-RPR
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Illinois License No. 084-004217
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