Apr-15-03 02:12A

P.02

~(ECE1VED

CLERK’S OFFICE

BEFORE THE ILLINOIS POLLUTION CONTROL BOARD!APR

15 2003

KEITH RIJNYON

PollutionSTATE

OFControlILLINOISBoard

Petitioner,

PCB 03-135

v.

(Third-Party

Pollution Control

Facility Siting Appeal)

c:OUNTY OF KANKAKEE. c:0UNTY

BOARD OF

KANKAKF.E, AND WASTE

Consolidated with

PCB 03-125,03

MANAGEMENT OF ILLINOIS

133, 03-134

KEITH RUNYON’S RESPONSE WASTE

MANAGEMENT

OF

ILLINOIS

OBJECTIONS TO HIS INTERROGATORIES. SuDuleulent.

Petitioner inadvertently omitted sending

eouv of

letter

From Lee Eddleimin of

Waste

Management, with

this exnanded response

to the WMH

objections

to

Keith

Runyons

Intenoeatories.

A couv of the letter which

was

originally submitted on

April 10. 2003.

With the exception WMH’s reply to Interrogatory No. 1. Its replies to

Runyon’s Interrogatories numbered (2) two through(9)nine are non-responsive.

All Interrogatories are appropriate to discover the communications, as defined in

Runyon’s Interrogatory petition, consistent with his ffling which alleges that The

County and Waste Management failed to comply with the County’s Solid Waste

Management plan and discovery of the complete information relating to the Public

Comment statements entered into the Record by Lee Eddleman ofWaste

Management, on January 6, 2003 at approximately 1:54 P.M. and filed with the

Kankake-e County Clerk at the Office of the County Clerk. A copy ofsaid document

is attached.

Waste Management opened this avenue to discovery by its fThng of said Statement

in the Public Comment period at such a time as to provide no opportunity for

discovery or cross examination.

---

Apr-15-03 02:12.4

P.03

~

FILED

-

33 JAN —6 P11 I’S:

WASTE MANAQrMENT

,f~

7

Chicago

Market

Arca

720 B. Butterfield Road

rnh,irrv ni ~

Lambaid, EL 60148

P(ANK

ARcC

‘~1~’~”°

COU)4TY

t’

(530)(630)

572-8800218-1711

Fax

January 6, 2003

Mr. Bruce Clark

County Clerk

County of Kankakee

-

189 East Court Street

Kankakee, Illinois 60901

Dear Mr. Clark:

Waste Management of Illinois, Inc. would like

to

take this opportunity to stipulate the

following information regarding contact with property owners surrounding the present

Kankakee County landfill and our proposed expansion of that site. During the recent

public hearings on the expansion of this facility, Attorney Kenneth Bleycr stated that

Waste Management had made no effort to communicate with area homeowners to inform

them of our expansion plans and offer them a forum for citizen input. This assertion

belies the facts of this matter and

I

offer

the following information to refute this

erroneous allegation.

My initial communication efforts began in March of

2000 due

to discussions with the

Hamilton family regarding

reinstating

property options on parcels they owned adjacent to

the present Kankakee County landfill. Those exploratory

discussions

were initiated with

the Hamilton’s attorney, David Jaffe. In 2001, those option discussions were expanded to

include other substantial properties owned by Mrs. Mehrer, Mr. Watson, Mrs. Dwan

(Agro Farm Ivianagement), Mr. Pager and Mr. Flageole. In addition, discussions with

individual single-family homeowners and commercial enterprises were begun in April

of

2001 and continue until this day. More specifically, every single family domicile within

1,500 feet of the proposed expansion has received notice of our intent to provide real

estate and well water protection guarantees if

we

are successful in permitting the

expansion of the existing site. I also offer the following information to substantiate my

efforts regarding communication with our neighbors, residents of Otto Township and

citizens of Kankakee County:

• I

have had personal conversations with the majority of the homeowners on the

periphery of the proposed expansion. (Please see the attached partial list of

those contacts.)

• On or about January 15, 2002, I conducted an evening informational

presentation for all

of the property owners on 7500 South Rd.

and 1000 East

Road at the home of Mike and Elese Smith. Seven neighboring families were in

attendance.

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Apr-15-03 02:13A

P.04

Ruby Sparenberg

875 E. 6000 S. Road

Chebanse, IL 60922

Mrs. Mehrer

487 W. Chebarise Avenue

Chebanse, IL 60922

Todd Benjamin

768 E. 6000 S. Road

Chebanse, IL 60922

E. Ray Stanley

6563-A S. Rt. 45-52

Chebartse, IL 60922

Agro

Farm Management P.O.

Box

335

Osage, IA 50461

Cliff Schroeder

6725 S. Rt. 45-52

Chebanse, IL 60922

Carlos Coclsy

1250 North Convent

Bourbonnais, IL 60914

Lelanci Milk

6930 S. St. 45-52

Chebanse, IL 60922

Elmer Eager

3304 West 6000 5. Road

Chebanse, IL 60922

Joseph CuIkin

7426 S. Rt. 45-52

Chebanse, IL 60922

Albert Cote

271 E. 7500 S. Road

Chebanse, IL 60922

Doug Fiageole

421 E. 7500 S. Road

Chebanse. IL 60922

Edwin Hamilton

P.O. Box 426

Bourbonnais, IL 60914

Pat Buesoher

600 E. 7500 South Road

Chebanse, IL 60922

Don & Diane Macaluso

E. 7500 South Road & 1000 East Road

Mike & Elese Smith

E. 7500 South Road & 1000 East Road

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Apr-15-03 02:13A

P.05

S.

-

War. MANAO• RflNT

• Waste Management hcld an open house reception/presentation/tour at the

Kankakee County landfill on

June

13, 2002

for all of our neighbors surrounding

the landfill and the proposed expansion. Thirty individuals attended this event.

(Please see the attached photographs.)

• Waste Management sponsored a Fall Festival picnic for residents of Otto on

November 2, 2002 at Rose Perk-ins home. Fifty adults and children attended the

event as well as the Otto Township Fire Department.

• I

personally conducted three tours of the facility for Otto Township and the

Chebanse school system in 2002.

• Waste Management has paid for advertisements in the Kankakee Daily Journal

and

the

Herad

newspapers explaining our intentions to expand the site. Also,

our expansion efforts have been the topic of countless newspaper articles since

2001.

•

I have conducted numerous interviews with radio stations WKAN arid WVLI to

discuss this matter. We have also sponsored weather forecasts and salutations to

local sports teams.

• We have

made

formal presentations to the Economic Deveiopment Council, the

River Valley Forum, the Kankakee Chamber of Commerce and the Bradley/

Bourbonnais Chamber of Commerce.

• We’ve met with the

County Engineer’s office, the Sheriffs Department, the

County Health Department, the Otto Township Fire Department and the

Township Highway Commissioner.

• We

even participated in the Kankakee County 4H livestock auction and

purchased an animal raised by Todd and Coleen Benjamin’s son.

The

Benjainins are one ofour neighbors at the existing landfill.

These statements are a true and accurate Tepresentation of Waste Management’s efforts to

inform

and

elicit

comments from

our

neighbors and other interested parties throughout

Kankakee County. I personally engaged in these conversations, made the presentations,

conducted the open house, participated in the tours and formatted the advertisements that

I

have described. I am confident that Waste Management offllinois, Inc. has made every

possible effort to keep the community apprised of our intentions

for

this facility.

Sincerely,

Le Addleman

Vice President/Business Development

WasteManagement of Illinois,

Inc.

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•Apr-.5-03 02:13A

P.06

AFFIDAVIT OF SERVICE

The undersigned. pursuant to the provisions of Seeton 1-109 of the Illinois Code of

Civil Procedure, hereby under penalty perjury under the laws ofthe United States of

America. certifies that on April 14y03 was served a copy of the foregoing was served

upon via Facimile Transmission and by letter:

Dorothy M. Gunn, Clerk

Illinois Pollution Control Board

James R. Thompson Center

lOG

West Randolph

Street, Suite 11-500

Chicago, 1160601-3218

Attorney George Mueller

501 State Street

Ottawa, 11 61350

815433

4705

Fax

Perterson & Houpt

161

North

Elizabeth Harvey, Esq.

Swanson. Martin, & Bell

One IBM Plaza, Suite

2900

330 North Wabash

Chicago. II

60611

Fax312321 0990

Kenneth A Leshen

One

Dearborn Square. Suite

550

Kankakee,

Il.

60901

815 933 3385

Fax

933 3397

L. Patrick Power

956

North Fifth Avenue

Kankakee, II

60901

8159376937

Fax

937

0056

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Apr-15-03 02:14A

P.07

Jennifer J. Sackett Pohlenz

175 W. Jackson Boulevard

Suite

1600

Chicago, II 60604

3125407540

H

Fax 312 540 05’78

Kenneth A. Bleyer

923 Gordon Terrace,

#3

Chicago, 11 60613

7733484005

Fax 773 527 2873

Mr. Brad 1-lalloran

Hearing Officer

Illinois Pollution Control Board

100

West Randolph, I

1tb

Floor

Chicago. II.

60601

312 8148917

Fax 814

3669

By depositing a copy thereof, enclosed in an envelope in the United States Mail at

Rockford, Illinois, proper postage prepaid, before the

hour of

5:00

P.M., addressed as

above.

Keith Runyon

1165

Plum

Creek Dr. Unit D.

Bourbonnais, IL

60914

815

937 9838