BEFORE THE ILLINOIS POLLUTION CONTROL BOARD

HEARING REPORT
Witness Credibility
Exhibits
Briefing Schedule
Exhibit List

ILLINOIS POLLUTION CONTROL BOARD

October 5, 2007

PEOPLE OF THE STATE OF ILLINOIS,

COMMUNITY LANDFILL COMPANY,

INC., and CITY OF MORRIS, an Illinois

municipal corporation,

(Enforcement – Land)

HEARING REPORT

On September 10, 11 and 12, 2007, a hearing was held in the above-captioned matter at

the Grundy County Administrative Center, 1320 Union Street, Morris, Illinois. The hearing

scheduled for September 10, 2007, was commenced but immediately continued on record

without objection to the following day, September 11, 2007. Attorney Christopher J. Grant and

Jennifer A. Tomas, Assistant Attorney Generals, and Michael S. Roubitchek, of the Illinois

Environmental Protection Agency (Agency), appeared on behalf of the complainants. Attorney

Clarissa Cutler Grayson, appeared on behalf of respondent Community Landfill Company Inc

(CLC). Attorneys Richard S. Porter and Scott M. Belt appeared on behalf of respondent City of

Preliminary Matters

On September 6, 2007, CLC filed a request to incorporate materials from the proceeding

in PCB 01-170, along with the corresponding exhibits. Specifically, the incorporated materials

include a portion of the October 15, 2001, testimony of Joyce Munie and corresponding exhibits

and a portion of the October 16, 2001, testimony of Blake Harris and corresponding exhibits.

The request filed by CLC on September 6, 2007, was discussed at the hearing on September 11,

2007, and was granted without objection. It was marked as Hearing Officer Exhibit A. On

September 10, 2007, CLC filed a supplemental request to incorporate materials from a prior

proceeding. Specifically, the incorporated materials include a portion of the October 16, 2007,

testimony of R. Michael McDermont. There is no corresponding exhibit. On October 4, 2007, a

telephonic conference was held. The City represented that it had no objection to the request.

The complainant represented that it does not object, but argues that the prior testimony is not

relevant to the above-captioned matter. To that end, CLC’s September 10, 2007, request to

incorporate is granted.

Witness Credibility

Based upon my legal judgment, experience and observations at the hearing, I find that the

credibility of the witnesses is not an issue in this matter.

A list itemizing the exhibits and their status is attached to this order.

Briefing Schedule

A post-hearing briefing schedule was discussed and agreed to at the hearing. n deadline

to and including July 21, 2005. The complainant’s brief is due to be filed on or before October

19, 2007. The respondents respective briefs are due to be filed on or before November 30, 2007.

Complainant’s reply, if any, is due to be filed on or before December 7, 2007. Public comment

is due to be filed on or before October 9, 2007.

IT IS SO ORDERED.

________________________________

Bradley P. Halloran

Hearing Officer

Illinois Pollution Control Board

James R. Thompson Center, Suite 11-500

100 W. Randolph Street

Chicago, Illinois 60601

September 10, 11 and 12, 2007 Hearing

Exhibit List

Hearing Officer Exhibit A

Incorporated testimony and corresponding

exhibits from hearing in PCB 01-170

Hearing Officer Exhibit B

Public comment of John Swezy – read into

Complainant’s (Compl.) Group

Exhibit A – (Exhibits 1 through

Compl. Exhibit 1

35 Ill. Adm. Code, 811.700

Compl. Exhibit 2

February 16, 2006, PCB 03-191 Board

Compl. Exhibit 3

June 1, 2006, PCB 03-191 Board order

Compl. Exhibit 4

December 6, 2001, PCB 01-170 Board

Compl. Exhibit 5

May 15, 2002, opinion in Community

Landfill Company v. PCB, 331 Ill. App.3d

1056, 772 N.E.2d 231

Compl. Exhibit 6

April 5, 2001, PCB 01-48 & 01-49 Board

Compl. Exhibit 7

Agency’s 6-26-07 inspection report

Compl. Exhibit 8

Agency’s 8-29-07 inspection report

Compl. Exhibit 9

Frontier Bonds, Nos. 91507; 158465;

Compl. Exhibit 10

November 14, 2000, violation notice (City)

Compl. Exhibit 11

November 14, 2000, violation notice (CLC) Admitted

Compl. Exhibit 12

Permits issued to Morris Community

Landfill-Parcel A SigMod-Permit No. 2000-

155 LFM, dated August 4, 2000; Parcel B

SigMod- Permit No. 2000-156-LFM, dated

Compl. Exhibit 13

CLC’s interrogatory responses and

production requests; City’s interrogatory

responses and production requests

Compl. Exhibit 14

Affidavits from Mayor Richard Kopczick

CLC’S First supplemental response to

complainant’s first set of interrogatories and

request for documents, dated September 28,

Letter from Frontier to CLC, dated January

Letter from CLC to Frontier, dated March

Letter from Frontier to CLC, dated April 7,

Letter from CLC to Frontier, dated April 16,

Letter from Frontier to CLC, dated May 30,

Letter from CLC to Frontier, dated June 19,

Letter from Frontier to CLC, dated July 2,

Facsimile from Frontier to CLC, dated

November 5, 2003 (with copy of exhibit 11

Letter from Agency to Frontier, dated

August 21, 2003

Letter from Agency to Frontier, dated

January 27, 2004

Letter from Agency to Frontier, dated May

Letter from Agency to Frontier, dated May

Frontier Bond No. 91507

Frontier Bond No. 158465

Frontier Bond No. 158466

Letter from Emerald Insurance to CLC,

dated April 15, 2003

Updated closure and post-closure costs for

Parcel A, dated July 12, 2007

Updated closure and post-closure costs for

Parcel B, dated July 12, 2007

City Exhibits 3 (a), (b) & (c)

1982 Operating and Development Permit

transfer documents

City of Morris Independent Auditor’s

Report, dated April 2006

City of Morris Independent Auditor’s

Report, dated April 2005

Letter from the Agency to Frontier, dated

January 27, 2004

City Exhibit 7 (a), (b), (c), (d), (e)

Lease Agreement between City of Morris

and CLC, dated 7-1-1982, and subsequent

amendments/addenda.

SigMod Permit-Parcel A, dated August 5,

SigMod Permit-Parcel B, dated August 5,

City Exhibit 10

Closure Plan, dated June 7, 2006

City Exhibit 11

Resume of William Crawford, C.P.A.

City Exhibit 12

Financial Assurance document, dated April

CERTIFICATE OF SERVICE

It is hereby certified that true copies of the foregoing order were mailed, first

class, on October 5, 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 October 5, 2007:

John T. Therriault

Illinois Pollution Control Board

James R. Thompson Center

100 W. Randolph St., Ste. 11-500

Chicago, Illinois 60601

Bradley P. Halloran

Hearing Officer

Illinois Pollution Control Board

James R. Thompson Center

100 West Randolph Street, Suite 11-500

Chicago, Illinois 60601

Christopher J. Grant

Office of the Attorney Genera

69 West Washington Street, Suite 1800

Chicago, IL 60602

Jennifer A. Tomas

Office of the Attorney General

69 West Washington Street, Suite 180

Chicago, IL 60602

Richard S. Porter

Hinshaw & Culbertson

100 Park Avenue

Rockford, IL 61105-1389

Charles F. Helsten

Hinshaw & Culbertson

100 Park Avenue

Rockford, IL 61105-1389

Clarissa C. Grayson

LaRose & Bosco, Ltd

200 North LaSalle Street

Chicago, IL 60601

LaRose & Bosco, Ltd

200 North LaSalle Street

Chicago, IL 60601

Scott M. Belt & Associates, P.C

105 E. Main Street

Morris, IL 60450