4
ILLINOIS POLLUTION CONTROL BOARD
January 9, 2007
PEORIA DISPOSAL COMPANY,
Petitioner,
v.
PEORIA COUNTY BOARD,
Respondent.
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PCB 06-184
(Pollution Control Facility Siting
Appeal)
HEARING REPORT
On January 8, 2007, a hearing in this matter was held at the Itoo Society in Peoria,
Illinois. Attorneys Brian Meginnes and George Mueller appeared on behalf of the petitioner.
Attorney David Brown appeared on behalf of the respondent.
Witness Credibility
Two witnesses testified during the hearing:
Mr. Patrick Urich
Mr. Russell Hauperp
The following persons gave public comment at hearing:
Ms. Jennifer Voegli
Ms. Joyce Blumenshine
Mr. Tom Edwards
Ms. Kim Converse
Mr. Gary Swicky
Ms. Suzanne Gerard
Ms. Judy Stalling
Ms. F. Christine Ozuna-Thornton
Ms. Mavis Young
Ms. Diane Storey
Ms. Carolyn Purcell
Ms. Jean Clarke
Ms. Cathy Stevenson
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
Instead of calling 29 witnesses to testify at hearing, the parties stipulated to the admission
of witnesses’ deposition transcripts and associated deposition exhibits. The parties also
stipulated to videotapes of applicable County Board meetings, and a transcript of the relevant
portions of those meetings. Petitioner objected as to the relevance of respondent’s graph of web
site usage, which the hearing officer admitted as background information.
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Briefing Schedule
At hearing, petitioner agreed to file a deadline waiver to May 17, 2007. The transcript is
due by January 11, 2007. Petitioner will file its brief by February 16, 2007, and respondent’s
brief is due by March 23, 2007. Petitioner’s reply is due by April 6, 2007. The mailbox rule will
not apply to petitioner’s reply, but will apply to the public comment deadline, also set for
April 6, 2007.
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
Exhibit List
Exhibit
Description
Status
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Depositions 1 through 12
Depositions of County Board Members
Admitted
Depositions 13 through 16
Depositions of County Staff
Admitted
Depositions 17 through 29
Depositions of Opponents
Admitted
Deposition Exhibits: Volume I
Deposition Exhibits 1 through 9
Admitted
Deposition Exhibits: Volume II
Deposition Exhibits 10 through 40
Admitted
Deposition Exhibits: Volume III
Deposition Exhibits 41 through 96
Admitted
Exhibit #97
Video of County Board Meeting- 11/05
Admitted
Exhibit #98
Video of County Board Meeting – 12/05
Admitted
Exhibit #99
Video of County Board Meeting- 1/06
Admitted
Exhibit #100
Video of County Board Meeting – 2/06
Admitted
Exhibit #101
Video of County Board Meeting – 3/06
Admitted
Exhibit #102
Video of County Board Meeting – 4/06
Admitted
Exhibit #103
Video of County Board Meeting – 5/06
Admitted
Exhibit #104
Transcript of Relevant Portions of Board
Meeting Tapes
Admitted
Exhibit #105
Stipulation of Photos in Exhibit 17
Admitted
Respondent’s Exhibit #106
Peoria County’s graph of web site usage
Admitted
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CERTIFICATE OF SERVICE
It is hereby certified that true copies of the foregoing order were mailed, first class, on
January 9, 2007, 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 January 9, 2007:
Dorothy M. Gunn
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
P
G
A
6
O
.C.
ain Street
1602-1153
PCB 2006-184
D
Black, Black & Brown
A
101 South Main Street
M
PCB 2006-184
ard
use
PCB 2006-184
K
Peoria County State's Attorney
3
R
Peoria , Il 61602
PCB 2006-184
Schmidt
rney
1602
PCB 2006-184
D
rth II
H
be, Snodgrass & Birdsall
1
Peoria, IL 61602-1320
CB 2006-184
eorge Mueller, P.C.
ttorney at Law
28 Columbus St., Suite 204
ttawa, IL 61350
PCB 2006-184
Brian J. Meginnes
Elias, Meginnes, Riffle & Seghetti, P
416 M
Suite 1400
Peoria, IL 6
avid A. Brown
ttorneys at Law
orton, IL 61550
David Williams
Peoria County Bo
Peoria County Courtho
324 Main Street, Room 502
Peoria , Il 61602
evin Lyons
24 Main Street
oom 111
Lynden Dianne
Peoria County State's Atto
324 Main Street
Room 111
Peoria , Il 6
avid L. Wentwo
asselberg, Williams, Gre
25 SW Adams, Suite 360
