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1
ILLINOIS POLLUTION CONTROL BOARD
2
JANUARY 29, 2008
3
)
4 PARTYLITE WORLD INC.,
)
5
)
6
Petitioner,
)
7
)
8
VS.
) PCB 08-32
9
)(CAPP Permit Appeal)
10 ILLINOIS ENVIRONMENTAL
)
11 PROTECTION AGENCY,
)
12
)
13
Respondent.
)
14
15
TRANSCRIPT OF PROCEEDINGS held in the
16 above-entitled cause before Hearing Officer
17 BRADLEY HALLORAN, called by the Illinois Pollution
18 Control Board, pursuant to notice, taken before
19 Denise A. Andras, CSR, a notary public within and
20 for the County of Cook and State of Illinois, at
21 the Elmhurst City Hall, 209 North York Road,
22 Elmhurst, Illinois, on the 29th day of January,
23 A.D., 2008, commencing at 9:00 a.m.
24
2
1 A P P E A R A N C E S:
2
ILLINOIS POLLUTION CONTROL BOARD:
3 MR. BRADLEY P. HALLORAN, Hearing Officer
100 West Randolph
4 Suite 11-500
Chicago, Illinois 60601
5 (312) 814-8917
6
7 SEYFARTH SHAW
8 131 South Dearborn
Suite 2400
9 Chicago, Illinois 60603
(312) 460-5000
10 BY: MS. MEAGAN NOEL NEWMAN
11
Appearing on behalf of the Petitioner;
12
OFFICE OF THE ATTORNEY GENERAL, ENVIRONMENTAL BUREAU
13 188 East Randolph
20th Floor
14 Chicago, Illinois 60601
(312) 814-3369
15 BY: MR. GERALD KARR
16
Appearing on behalf of the Respondent.
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3
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MR. HEARING OFFICER: Good morning.
2
My name is Bradley Halloran. I'm a hearing
3
officer with the Illinois Pollution Control
4
Board. I'm also assigned to this matter
5
entitled Partylite World, Inc., petitioner,
6
versus Illinois Environmental Protection
7
Agency, respondent. The case number is
8
PCB 08-32. This hearing has been publicly
9
noticed pursuant to the Board regulations,
10
and will be conducted in accordance with
11
Section 101.600 in the Board's Procedure of
12
Regulations.
13
Again, this is a permit appeal
14
involving the Clean Air CAPP Program
15
Application. CAPP, C-A-P-P. I also note for
16
the record that I will not be making the
17
ultimate decision in the case. That decision
18
will be left to the five esteemed Board
19
members. My job is to insure an orderly
20
transcript and clear record and rule on any
21
evidentiary matters that may arise. There's
22
no members of the public in attendance.
23
With that said, I'm going to have
24
counsels introduce themselves. Ms. Newman?
4
1
MS. NEWMAN: Megan Newman here on
2
behalf of Partylite.
3
MR. KARR: And Gerald Karr, K-A-R-R,
4
on behalf of The Illinois Environmental
5
Protection Agency.
6
MR. HEARING OFFICER: It's my
7
understanding that counsels have waived
8
openings. They are going to go right into
9
direct. Partylite has one witness.
10
Before we go into that, the
11
respondent, represented by Mr. Jerry Karr
12
filed a motion to withdraw its motion for
13
extension of time, I believe to file the
14
record, and motion to reschedule the hearing.
15
That was filed on January 28, 2008. There
16
being no objection, those motions are
17
granted.
18
With that said, I guess we can
19
swear Dr. Harrington in, and Ms. Newman will
20
do the direct.
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Before we go into that, I haven't
22
forgotten, Mr. Karr, you wanted to make a
23
stipulation on the record. Do you want to do
24
that now?
5
1
MR. KARR: I guess it was a joint
2
stipulation relative to this facts that are
3
relevant to this matter. I am not sure how
4
we want to set those out.
5
MR. HEARING OFFICER: Let's just do
6
the direct, and we'll figure that out later.
7
ROBERT M. HARRINGTON
8 having been first duly sworn, was examined and
9 testified as follows:
10
DIRECT EXAMINATION
11 BY MS. NEWMAN:
12
Q. Mr. Harrington, can you state your
13 full name.
14
A. Robert M. Harrington.
15
Q. Where are you employed?
16
A. Partylite.
17
Q. What is your position?
18
A. Director of Regulatory Safety and
19 Analytical Sciences.
20
Q. In that position, do you have any
21 responsibilities with respect to environmental
22 permitting?
23
A. Yes, Ma'am.
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Q. Can you explain those?
6
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A. As the director of regulatory, it's my
2 responsibility to see that the facility has the
3 proper operating permits.
4
Q. Are you aware of a CAPP application
5 submitted by Partylite about two years ago?
6
A. Yes, I am --
7
(Discussion off the record.)
8 BY MS. NEWMAN:
9
Q. Okay. Mr. Harrington, you are aware
10 of a CAPP application that was submitted?
11
A. That is correct.
12
Q. Do you remember on what date that
13 application was submitted?
14
A. September 21, 2005.
15
Q. Mr. Harrington, do you remember
16 completing an affidavit in this case?
17
A. Yes.
18
Q. I'm going to show you an affidavit
19 here.
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MS. NEWMAN: Mr. Karr, this is a copy
21
of what I'm showing the witness.
22 BY MS. NEWMAN:
23
Q. Can you take a look. Is that the
24 affidavit that was submitted?
7
1
A. Yes, it is.
2
Q. Just to refresh your recollection,
3 there in paragraph two, is there a date upon which
4 you swore that a CAPP application was submitted?
5
A. Yes.
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Q. And what is that date?
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A. September 28, 2005.
8
Q. Is that the correct date?
9
A. Yes, it is.
10
Q. And for what location was that
11 application submitted?
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A. 601 Kingland Drive, Batavia, Illinois
13 60510.
14
Q. Did you ever receive a Notice of
15 Completeness from the Agency with respect to that
16 application?
17
A. Yes, I did.
18
Q. What date did you receive that Notice
19 of Completeness?
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A. November 3, 2005.
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Q. And to this date, Mr. Harrington, are
22 you aware of any determination that has been made by
23 the IEPA on that CAPP application?
24
A. No.
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MS. NEWMAN: I think that's it for
2
now. Thank you very much, Mr. Harrington.
3
MR. HEARING OFFICER: Thank you,
4
Mr. Harrington.
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Mr. Karr, any cross?
6
MR. KARR: Yes, just a couple
7
questions.
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CROSS-EXAMINATION
9 BY MR. KARR:
10
Q. Mr. Harrington, have operations
11 continued at the facility during the pendency of
12 this permit application?
13
A. Yes, they have.
14
Q. Did you prepare the permit
15 application?
16
A. I was one of the people who prepared
17 it. It was primarily under my direction.
18
Q. Were any outside engineers utilized?
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A. Yes, there were.
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MR. KARR: That's all I have.
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MR. HEARING OFFICER: Thank you.
22
Ms. Newman, any redirect?
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MS. NEWMAN: No.
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MR. HEARING OFFICER: Do we want to
9
1
put anything in? Was that an Exhibit? Do
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you want to put anything in evidence? I
3
believe it was the affidavit.
4
MS. NEWMAN: Yes, we can mark that as
5
Exhibit A.
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MR. KARR: That's fine. It's already
7
part of the Board's file.
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MR. HEARING OFFICER: Petitioner's
9
Exhibit A is admitted into evidence with no
10
objection. Thank you.
11
(Document marked as
12
Petitioner's Exhibit A
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offered and received in
14
evidence.)
15
Dr. Harrington, you may step down
16
or aside as the case may be.
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We can go off the record for a
18
second.
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(Discussion off the record.)
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MR. HEARING OFFICER: We're back on
21
the record. Dr. Harrington has stepped down.
22
Ms. Newman has indicated that is the
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petitioner's last witness, but the parties do
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want to make an oral stipulation into the
10
1
record. Counsels?
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MR. KARR: On behalf of the Illinois
3
Environmental Protection Agency, we stipulate
4
to the fact that Partylite did submit the
5
CAPP application on September 28, 2005. They
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received a Notice of Completeness on or about
7
November 3, 2005, and as of the date of this
8
hearing, there has been no determination made
9
by the Illinois Environmental Protection
10
Agency on that permit application.
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MR. HEARING OFFICER: Thank you,
12
Mr. Karr.
13
Ms. Newman, have you rested your
14
case in chief?
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MS. NEWMAN: Yes, I have.
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MR. HEARING OFFICER: Thank you.
17
Mr. Karr?
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MR. KARR: We have no rebuttal
19
witnesses and we rest.
20
MR. HEARING OFFICER: Thank you.
21
With that said, we have talked off
22
the record regarding the post-briefing
23
hearing schedule. The statutory decision due
24
date in this matter is March 20, 2008. The
11
1
record will be closing February 20, 2008. I
2
think by contract with the reporting service,
3
the transcript is due, I think it's eight
4
business days, so that would be February 8th.
5
But in any event, we've decided and agreed
6
that there will be post-hearing, subcutaneous
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post-hearing opening briefs by the parties.
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Those briefs are due February 20th. The
9
mailbox rule will not apply for that February
10
20th, 2008 date. Anything else, Counsels,
11
that I forgot?
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MR. KARR: Nothing I have.
13
MR. HEARING OFFICER: Before I forget,
14
I find no credibility issues with
15
Dr. Harrington's testimony.
16
With that said, I think -- again,
17
this is January 29, 2008, PCB 8-32 -- and
18
with that said, I just want to thank
19
everybody for their professionalism and
20
civility. Have a safe drive home. Thank
21
you.
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12
1 STATE OF ILLINOIS.)
2
) SS.
3 COUNTY OF C O O K )
4
5
I, DENISE ANDRAS, being a Certified
6 Shorthand Reporter doing business in the City of Des
7 Plaines, Illinois, County of Cook, certify that I
8 reported in shorthand the proceedings had at the
9 foregoing hearing of the above-entitled cause. And
10 I certify that the foregoing is a true and correct
11 transcript of all my shorthand notes so taken as
12 aforesaid and contains all the proceedings had at
13 the said meeting of the above-entitled cause.
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___________________________
18
DENISE ANDRAS, CSR
CSR NO. 084-003437
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