1
    1 BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
    2
    3 COUNTY OF JACKSON, ILLINOIS, )
    )
    4 Complainant, )
    )
    5 vs. ) AC 96-57
    )Administrative Citation
    6 SOUTHERN ILLINOIS REGIONAL )
    LANDFILL (DeSoto/SIRL Site) )
    7 )
    Respondent. )
    8
    9
    10 HEARING CONDUCTED AT THE JACKSON COUNTY COURTHOUSE
    11 MURPHYSBORO, ILLINOIS
    12 NOVEMBER 6, 1996, 10:00 A.M.
    13
    14
    15 APPEARANCES
    16 Chief Hearing Officer..... Mr. Michael L. Wallace
    17 For the Complainant........Mr. Daniel W. Brenner
    Assistant State's Attorney
    18
    For the Respondent.........Mr. Robert F. Dabbs, Jr.
    19
    20
    21
    22
    23
    24 REPORTER: Leanne R. Mausey, RPR, CSR # 084-003338.
    KEEFE REPORTING COMPANY
    Belleville, Illinois 62226
    (800) 244-0190

    2
    1 MR. WALLACE: Pursuant to the direction of
    2 the Illinois Pollution Control Board I now call
    3 docket AC 96-57. This is the matter of the County of
    4 Jackson, Illinois versus the Southern Illinois
    5 Regional Landfill, the Desoto SIRL site. May we have
    6 the appearances for the record, please. For the
    7 county.
    8 MR. BRENNER: My name is Daniel Brenner,
    9 assistant state's attorney, County of Jackson.
    10 THE COURT: And for the Southern Illinois
    11 Regional Landfill.
    12 MR. DABBS: Robert Dabbs, and I'm the
    13 manager.
    14 MR. WALLACE: Thank you. Are you going to
    15 have witnesses today, Mr. Brenner?
    16 MR. BRENNER: Yes. I have one witness, Mr.
    17 Browning.
    18 MR. WALLACE: Are you going to have any
    19 witnesses? Are you going to be testifying for the
    20 landfill?
    21 MR. DABBS: I will be testifying for the
    22 landfill.
    23 MR. WALLACE: Would you gentlemen both
    24 stand and raise your right hands.
    KEEFE REPORTING COMPANY
    Belleville, Illinois 62226
    (800) 244-0190

    3
    1 GEORGE BROWNING and ROBERT DABBS
    2 being first duly sworn to tell the truth, the whole
    3 truth and nothing but the truth, testify, as follows:
    4 MR. WALLACE: Do you wish to make an
    5 opening statement?
    6 MR. BRENNER: No. I'll proceed.
    7 MR. WALLACE: You may proceed.
    8 MR. BRENNER: I'd like to call George
    9 Browning as my witness. Would you like him to sit
    10 where.
    11 MR. WALLACE: He can stay right there as
    12 long as he speaks so we can all hear.
    13 TESTIMONY OF MR. GEORGE BROWNING
    14 DIRECT EXAMINATION
    15 BY MR. BRENNER:
    16 Q. Your name and occupation, sir?
    17 A. George Browning. I'm an environmentalist
    18 with the Jackson County Health Department.
    19 Q. How long have you been so employed?
    20 A. 16 years.
    21 Q. In that capacity that you just testified?
    22 A. Yes, sir.
    23 Q. What do you do with your job?
    24 A. Currently I inspect solid waste facilities
    KEEFE REPORTING COMPANY
    Belleville, Illinois 62226
    (800) 244-0190

    4
    1 such as permitted sites like the Southern Illinois
    2 Regional Landfill, also inspect illegal dump sites.
    3 This is through a delegation agreement between
    4 Jackson County and the Illinois EPA.
    5 Q. Have you received any special training for
    6 what you do?
    7 A. Yes. I received training for nonhazardous
    8 waste site inspections through the Illinois EPA and
    9 have been conducting those inspection -- those type
    10 of inspections since 1989.
    11 Q. Any certifications or licenses pursuant to
    12 that?
    13 A. Right. I have a certification from the
    14 Illinois EPA for those types of inspections.
    15 Q. Are you familiar with the Jackson County
    16 Landfill located in Desoto -- in and around the
    17 Desoto area?
    18 A. Yes. I am.
    19 Q. Is it part of your regular duties to
    20 conduct inspections of that landfill?
    21 A. Yes.
    22 Q. Are you familiar with the laws pertaining
    23 to sanitary landfills?
    24 A. Yes.
    KEEFE REPORTING COMPANY
    Belleville, Illinois 62226
    (800) 244-0190

    5
    1 Q. Do you remember an inspection you made in
    2 May of this year of the landfill?
    3 A. Yes, sir. I do.
    4 Q. Do you remember what the result of that
    5 inspection was?
    6 A. Yes. I do. There were some violations
    7 present at that time that required additional action.
    8 Q. Had you conducted previous inspections of
    9 the landfill?
    10 A. Yes.
    11 Q. And what were the result of those?
    12 A. The previous inspections prior to the May
    13 1st inspection had some outstanding violations
    14 present. Our procedure in the past has been to allow
    15 the landfill some time to get those violations
    16 corrected, and as long as they do then no further
    17 action is necessary, but some of the violations noted
    18 during the May 1st inspection indicated that those
    19 previous violations had not been corrected in a
    20 timely fashion and, therefore, we recommended
    21 administrative citation.
    22 Q. I'm going to offer for introduction
    23 purposes Petitioner's Exhibit 1 for introduction.
    24 Can you identify that document, please?
    KEEFE REPORTING COMPANY
    Belleville, Illinois 62226
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    6
    1 A. Yes, sir. It's a request to -- it's an
    2 order from the Illinois Pollution Control Board
    3 regarding an administrative citation.
    4 Q. And I'm going to, if you don't mind, show
    5 Mr. Dabbs the same order so he sees what we're
    6 doing. Can you tell me what the order of the
    7 pollution control board was?
    8 A. That the landfill was being cited for two
    9 violations with a penalty imposed of $1,000.
    10 Q. What were those violations?
    11 A. Those violations -- I'd have to check on
    12 it. It doesn't really spell it out on here. I'd
    13 have to check on my notes. One was for uncovered
    14 refuse from a previous operating day and leachate
    15 entering the waters of the state.
    16 Q. If I may I believe it does state in that
    17 order right there I believe.
    18 A. Oh, okay. You're right. Thank you.
    19 Q. What were those?
    20 A. Caused and allowed uncovered refuse to
    21 remain from previous operating day, caused or allowed
    22 litter to be uncollected and not contained after a --
    23 in the previous operating day.
    24 Q. Did you conduct those inspections which led
    KEEFE REPORTING COMPANY
    Belleville, Illinois 62226
    (800) 244-0190

    7
    1 to those violations?
    2 A. Yes. I did.
    3 MR. BRENNER: If I may take that from you
    4 so we can offer that. I'd like to offer that into
    5 the record if I may.
    6 MR. WALLACE: Any objection, Mr. Dabbs?
    7 MR. DABBS: No.
    8 MR. WALLACE: Petitioner's Exhibit 1 is
    9 admitted.
    10 Q. (MR. BRENNER CONTINUING) I'd like to offer
    11 for introduction Petitioner's Exhibit No. 2. Can you
    12 identify that document, please?
    13 A. Yes. This is another order.
    14 Q. What's the date of that order?
    15 A. The date of this is May 20th.
    16 Q. Was that pursuant to another inspection or
    17 the same inspection as the last one?
    18 A. This was for the inspection on May 17th.
    19 Q. So it was subsequent to the last one we
    20 just spoke about?
    21 A. Um-hum.
    22 Q. What were those violations?
    23 A. That at this time --
    24 Q. It's missing a page. I have the original
    KEEFE REPORTING COMPANY
    Belleville, Illinois 62226
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    8
    1 one back for you. What were those violations?
    2 A. Caused or allowed refuse to remain from the
    3 previous operating day and caused or allowed litter
    4 to be uncollected and not contained from the previous
    5 operating day.
    6 Q. Did you conduct the inspections that led to
    7 those violations?
    8 A. Yes. This inspection was done on April
    9 25th. I think the other one was done April 11th.
    10 Q. We show Mr. Dabbs that because I will offer
    11 this instead. That's the original, if you look that
    12 over and make sure. Do you know if the fine has been
    13 paid on either one of those?
    14 A. I believe on the April 11th and the April
    15 25th inspection, yes. Those fines were paid by the
    16 landfill.
    17 MR. BRENNER: I'd like to offer this into
    18 evidence if I may, please.
    19 Q. (MR. BRENNER CONTINUING) Going back to the
    20 May 1st inspection. I'd like to also offer into
    21 exhibit introduced -- I have enough copies here --
    22 Petitioner's Exhibit No. 3. Mr. Dabbs, I have a set
    23 for you. Mr. Browning, can you identify these
    24 various documents?
    KEEFE REPORTING COMPANY
    Belleville, Illinois 62226
    (800) 244-0190

    9
    1 A. Yes, sir. These are the photographs of the
    2 landfill.
    3 Q. What date were those photographs taken?
    4 A. They were taken during the May 1st, 1996
    5 inspection.
    6 Q. Who took those photographs?
    7 A. I did.
    8 Q. Do those pictures fairly represent the
    9 conditions of the day you took the photographs?
    10 A. Yes, sir. I would say they do.
    11 Q. Let's go through those, if you will. You
    12 have them marked in order 1, 2, 3, 4?
    13 A. That's correct.
    14 Q. Can you explain for us what photographs 1
    15 and 2 are showing?
    16 A. Photographs 1 and 2 show the day's active
    17 area where waste was being actively disposed of on
    18 this date. That is the area that they were currently
    19 utilizing.
    20 Q. And that is within -- taken within the
    21 landfill?
    22 A. Yes, sir. That's correct.
    23 Q. No. 2 is basically the same?
    24 A. That's correct. Yes.
    KEEFE REPORTING COMPANY
    Belleville, Illinois 62226
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    10
    1 Q. 3 and 4, what are we seeing in 3 and 4?
    2 A. Again, just another shot of the active
    3 disposal area with some portions of that having areas
    4 of exposed refuse from either the previous operating
    5 day or another previous operating day.
    6 Q. Do you know what time of the day those
    7 photographs were taken?
    8 A. Yes, sir. They were taken first thing in
    9 the morning. The landfill's permit currently allows
    10 them to be open from 6 A.M. to 6 P.M., but they
    11 pretty much operate starting at 6:30 in the morning.
    12 Q. Do you know approximately when those
    13 pictures were taken?
    14 A. Yes, sir.
    15 Q. What time was that?
    16 A. Well, this one was taken at 6:42 A.M.
    17 Q. On May 1st?
    18 A. On May 1st, yes, sir.
    19 Q. Let's go now if we can to 5 and 6. Can you
    20 explain for us what 5 and 6 are showing us?
    21 A. Again, they're showing a photo in the
    22 general direction of the active area to the south of
    23 the active area for the May 1st date indicating again
    24 a portion of uncovered refuse from a previous
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    Belleville, Illinois 62226
    (800) 244-0190

    11
    1 operating day. And photo No. 6 shows some wind blown
    2 litter material trapped in a tree which is at the
    3 south edge of the landfill.
    4 Q. Is there -- is it water in those photos?
    5 A. There is -- there was -- at that time there
    6 was a pond -- a small pond adjacent to this active
    7 area.
    8 Q. Is that a pond inside the landfill?
    9 A. Yes, sir. It is.
    10 Q. Within the permitted area?
    11 A. Yes. That's correct.
    12 Q. If we will move onto what are we on now 7
    13 and 8. Could you explain to us what those are?
    14 A. Again, both of those photos are just
    15 depicting some litter material, some wind blown
    16 litter material caught in the trees and along the
    17 southern edge of the landfill property.
    18 Q. Did you make a close inspection of what
    19 that litter was? What was contained in that? What
    20 did that consist of?
    21 A. Primarily it was paper, plastic bags,
    22 lighter material that has a tendency to escape
    23 sometimes from the active area during disposal
    24 activities, during daily operations.
    KEEFE REPORTING COMPANY
    Belleville, Illinois 62226
    (800) 244-0190

    12
    1 Q. Do you remember if it was windy that day?
    2 A. I don't recall that it was necessarily
    3 windy on this particular day. Because of this being
    4 the first thing in the morning, this would pretty
    5 much indicate that this had been there from the
    6 previous day of my observations.
    7 Q. Let's move on if we can to 9 and 10.
    8 A. Um-hum.
    9 Q. What are we seeing there in 9 and 10?
    10 A. This is an area moving more towards the
    11 front of the landfill near the entrance. This is an
    12 area that has had in the past some problem with
    13 leachate seeping to the ground surface, and this is
    14 next to the main haul road going back to the active
    15 area which we saw in the previous photos, you know.
    16 Vehicles have to drive past this in and out during
    17 the day and this leachate material was coming to the
    18 surface and, therefore, constitutes a violation.
    19 Q. That particular area, is that covered --
    20 some kind of permanent cover?
    21 A. Well, this is actually located in the older
    22 portion of the landfill and is no longer receiving
    23 waste and had been in the process of having some
    24 final cover material put in place. This particular
    KEEFE REPORTING COMPANY
    Belleville, Illinois 62226
    (800) 244-0190

    13
    1 area, however, had not had any work done on it yet.
    2 Q. So that is some kind of final cover is what
    3 we're looking at?
    4 A. Well, I would say it's more intermediate
    5 than final. They had not got a final cover material
    6 on there yet, but there is no trash there right now.
    7 It's just coming up through the soil.
    8 Q. If you will move onto 11 and 12. Can you
    9 explain for us what those are?
    10 A. Again, this is just another shot. There
    11 were multiple leachate seeps coming up out of this
    12 area at that time, and this is another spot or
    13 location where leachate was coming to the ground
    14 surface, both of those photos indicating additional
    15 leachate seeps.
    16 Q. And is this in the same general area --
    17 A. Yes, sir.
    18 Q. -- of photographs 9 and 10?
    19 A. That's correct. It is in the same vicinity
    20 of this location.
    21 Q. Let's look at 13 and 14.
    22 A. 13 and 14, again, this area is located on a
    23 -- next to the road, and a few yards from this area
    24 the ground tends to slope downward down a hillside to
    KEEFE REPORTING COMPANY
    Belleville, Illinois 62226
    (800) 244-0190

    14
    1 a lake that's located on the landfill property, and
    2 along the edge of that hillside was another seep
    3 probably being fed -- at least apparently in my
    4 opinion being fed by these smaller seeps up on the
    5 road to create this ponding and pooling and also
    6 runoff of leachate that you can see in pictures 13
    7 and 14.
    8 Q. So that's a depiction of this runoff?
    9 A. Yes, and again, it is going downhill down
    10 to the --
    11 Q. What are some of the items you are seeing
    12 in 13 and 14?
    13 A. Well, primarily you're seeing just pooling
    14 of this leachate material. It had a very strong
    15 odor, you know, dark in color, rather thick and
    16 almost gelatinous in some spots, you know. If you
    17 move it around with a stick it is a very thick
    18 material.
    19 Q. Is there any refuse or waste present there?
    20 A. Not really in this area, in this portion
    21 here. It's mostly just surface material or some
    22 rocks and things in there but there wasn't really not
    23 any waste or garbage or trash in this location.
    24 Q. What about 15 and 16?
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    Belleville, Illinois 62226
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    15
    1 A. This again is further down the hillside as
    2 we travel closer to this body of water which again is
    3 located on the landfill property, an old strip mine
    4 lake, if you will, and this material then did
    5 complete its journey all the way down into this water
    6 of the state and we traced it all the way down to
    7 that water.
    8 Q. So 15 and 16 are showing the --
    9 A. Right. Again, you can see -- actually
    10 picture 17 shows it a little bit better of where the
    11 drainage material from 13 and 14 has traveled and has
    12 gotten right to or into the waters of the state, and
    13 picture 18 I collected a sample from that location.
    14 MR. BRENNER: If I may, let me show these
    15 originals to Mr. Dabbs for his inspection. Mr.
    16 Wallace, I'd like to enter these into the record, if
    17 I may, please.
    18 Q. (MR. BRENNER CONTINUING) On this
    19 inspection of May 1st does the landfill operate out
    20 of several cells at once or one cell at a time?
    21 A. Pretty much at this time they're operating
    22 -- they have two cells developed down there to meet
    23 the new federal subtitle lease standards, and that is
    24 the area they were working in. That's the only spot
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    Belleville, Illinois 62226
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    16
    1 they can actually dispose of.
    2 Q. On those prior violations that we talked
    3 about 96-48 and 96-49, on your May 1st inspection, is
    4 that the same site, same cell, the same area as the
    5 previous violations?
    6 A. It was in the same cell. Of course, the
    7 daily active area changes throughout days and weeks,
    8 of course, and each day they're going to have filled
    9 a portion and they may move to another spot, but it's
    10 still going to be in the same general southwest
    11 corner of the landfill.
    12 Q. Do you recall what the weather was like the
    13 day of your inspection on May 1st?
    14 A. That particular day it was dry.
    15 Q. Do you recall if there had been any rain
    16 the day before or the week before, do you recall at
    17 all?
    18 A. There probably had been some rain
    19 activity. I'm not sure of the exact. . .
    20 Q. Do you remember what the temperature was
    21 like?
    22 A. It was a fairly warm day.
    23 Q. And had it been warm for -- if you could
    24 recall that, do you recall what the temperature was?
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    17
    1 A. I can't recall the long-term temperature.
    2 I don't think we had a whole lot of rain.
    3 Q. Do you recall if there had been a hard
    4 freeze or anything --
    5 A. No.
    6 Q. -- in the evening prior to that?
    7 A. No, sir, definitely not.
    8 Q. You mentioned this landfill has a permit to
    9 operate that particular cell?
    10 A. Yes. They do.
    11 Q. Do you know if their permit allows them to
    12 leave -- to have a portion of their priorities
    13 operation uncovered?
    14 A. No. The only thing that we had given them
    15 some latitude on during cell development was to leave
    16 a portion of the outer edge uncovered until they had
    17 actually built what they call a lift -- several lifts
    18 of waste, but at the time these were taken that had
    19 pretty much been completed so the material that was
    20 left uncovered should not have been.
    21 Q. In your opinion are any of these alleged
    22 violations due to uncontrollable circumstances?
    23 A. No, none that I can think of in my opinion.
    24 Q. On your inspection on May 1st did you talk
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    Belleville, Illinois 62226
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    18
    1 to the site manager?
    2 A. Yes.
    3 Q. And who was that?
    4 A. Bob Dabbs, manager.
    5 Q. Do you know what was spoke?
    6 A. We just discussed these violations and the
    7 problems that I had observed, and he was made aware
    8 of those and indicated that he would take appropriate
    9 action.
    10 Q. Being -- was that specified?
    11 A. Well, I think he talked about just applying
    12 better cover material and doing something with the
    13 leachate problem going into the waters of the state
    14 and adequate cover material being placed on the
    15 active areas.
    16 Q. Have you conducted subsequent inspections
    17 since May 1st of that particular area of the
    18 landfill?
    19 A. Yes, sir. I have.
    20 Q. Has the problem been corrected in your
    21 opinion?
    22 A. Yes, sir. It has.
    23 Q. All the problems have been corrected?
    24 A. Yes.
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    Belleville, Illinois 62226
    (800) 244-0190

    19
    1 MR. BRENNER: That's all the questions I
    2 have for Mr. Browning.
    3 MR. WALLACE: Mr. Dabbs, do you have any
    4 questions that you wish to ask Mr. Browning.
    5 MR. DABBS: Yes. Three days before the May
    6 1st inspection we did receive 4.85 inches of rain.
    7 The month of April we received 12.82.
    8 MR. WALLACE: Excuse me. You can make
    9 statements later, but right now if you have any
    10 questions you want to ask Mr. Browning?
    11 MR. DABBS: No.
    12 CROSS EXAMINATION
    13 BY MR. WALLACE:
    14 Q. Mr. Browning, on photograph 18.
    15 A. Yes, sir.
    16 Q. Is that you taking that sample?
    17 A. Yes, sir. It is.
    18 Q. Who took the photo then?
    19 A. That particular photo I guess was taken by
    20 another EPA inspector who was with me.
    21 Q. That was still on May the 1st though?
    22 A. Yes, sir. Correct. Rex Burmeister with
    23 the Springfield office was accompanying me on that
    24 inspection and he did take that one photo,
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    20
    1 B-u-r-m-e-i-s-t-e-r I believe.
    2 Q. And picture 17 and 18, do you show the
    3 leachate reaching that pond or does it? In your
    4 visual inspection did the leachate --
    5 A. Yes. It had reached it, and there was
    6 evidence on the ground surface and the soil that was
    7 there that it had reached it and was actually
    8 continuing to reach it during this inspection.
    9 Q. The pond is still there?
    10 A. Yes, sir. It is.
    11 Q. Does it serve a purpose or is it part of
    12 the pond?
    13 A. The pond itself?
    14 Q. Yeah. Was it just there when the landfill
    15 started?
    16 A. Right. This property had been in years
    17 past a coal mine site and that was a strip pit, you
    18 know, pond that usually is left, and there are
    19 actually two large -- well, one large one and one
    20 medium size lake on that property.
    21 Q. So the depth may be fairly great?
    22 A. Yeah. I'm not exactly sure. Bob could
    23 probably say what the actual depth is, but it's
    24 variable.
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    Belleville, Illinois 62226
    (800) 244-0190

    21
    1 Q. Do you know if the landfill has any
    2 leachate control?
    3 A. They do have a leachate collection system
    4 in place for the new subtitle D development areas,
    5 but because this is located in an older portion
    6 permitted under 807 regulations, it did not have a
    7 leachate collection system in place, does not have,
    8 and that's one of the problems. Again, occasionally
    9 older sites like that you will get some seepage.
    10 MR. WALLACE: Thank you. Mr. Brenner.
    11 MR. BRENNER: If I may, I have just a few
    12 questions for Mr. Dabbs.
    13 TESTIMONY OF MR. ROBERT DABBS
    14 DIRECT EXAMINATION
    15 BY MR. BRENNER:
    16 Q. Your name and occupation, sir?
    17 A. Robert Dabbs. I'm district manager for
    18 Continental Waste Industries, and I manage the
    19 Jackson County Landfill.
    20 Q. And how long have you been so employed in
    21 that capacity?
    22 A. I've been with Continental Waste for a
    23 little over ten years, and I've been managing this
    24 landfill for almost four years now.
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    Belleville, Illinois 62226
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    1 Q. And so you've had prior experience with
    2 landfills prior to this one?
    3 A. Yes.
    4 Q. Have you had any special training for this
    5 kind of work?
    6 A. Yes.
    7 Q. What kind of training is that?
    8 A. I've been to several seminars at different
    9 universities, and I'm also licensed with the state of
    10 Illinois as a class A special waste operator.
    11 Q. And what are generally your job duties each
    12 day?
    13 A. Daily operations of the landfill, and I
    14 oversee construction of building new cells.
    15 Q. Are you aware of the circumstances of these
    16 violations we're talking about today?
    17 A. Yes.
    18 Q. Were you there that day that Mr. Browning
    19 was out there on May 1st?
    20 A. Yes.
    21 Q. You spoke -- did you speak to him?
    22 A. Yeah.
    23 Q. Did you acknowledge to him that there was
    24 violations at that time?
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    Belleville, Illinois 62226
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    1 A. Yes.
    2 Q. Do you know what those violations that he
    3 told you they were?
    4 A. Yes.
    5 Q. Can you tell us what they were?
    6 A. The wind blown litter refuse and standing
    7 water leachate going to the -- seeping from the old
    8 landfill into the strip cut and daily -- oh,
    9 uncovered garbage from the previous operating day.
    10 Q. So you acknowledge those as situations that
    11 existed at that time?
    12 A. Yes.
    13 Q. And did you say anything else to him?
    14 A. I said I would correct the problem
    15 immediately.
    16 Q. And apparently you did?
    17 A. Yes.
    18 Q. The landfill has addressed this. What is
    19 your usual practice with regard to daily cover?
    20 A. Six inches of soil.
    21 Q. Do you have any other temporary means?
    22 A. Yeah. We can cover it with a silt woven
    23 tarp or we can use shredded tires to cover it, too.
    24 Q. Were any of those temporary measures
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    Belleville, Illinois 62226
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    1 instituted on this particular day or the day before?
    2 A. I don't recall if we used the alternative
    3 material. I don't recall.
    4 Q. Do you have those alternative materials on
    5 site all the time?
    6 A. Yeah -- no, not the tire chips, but the
    7 silt woven fabric, I have that.
    8 Q. Do you remember what the weather conditions
    9 were on May 1st and the day before?
    10 A. It was dry that day. The day before there
    11 was no rain, but three days before the inspection,
    12 like I said earlier, there was 4.85 inches of rain
    13 that day.
    14 Q. What do you normally do when it rains
    15 heavy?
    16 A. We do the best we can. There is really not
    17 a whole lot we can do other than use chains and drag
    18 trucks in and out of the place so we can operate.
    19 Q. Do you have to hire any extra help to
    20 addressing those problems when there is a lot of
    21 rain?
    22 A. No. We have our own construction crew out
    23 there. When it rains that heavy it usually shuts us
    24 down as far as the equipment.
    KEEFE REPORTING COMPANY
    Belleville, Illinois 62226
    (800) 244-0190

    25
    1 Q. Do you still accept refuse?
    2 A. Yeah.
    3 Q. What happens with that if your equipment is
    4 shut down and you can't move the refuse around?
    5 A. Well, we use dozers and chains and we drag
    6 vehicles up to the active area.
    7 Q. What do you do about cover?
    8 A. We still do cover. We use -- what we'll
    9 do, before it rains we'll stock pile cover in the
    10 area so we don't -- so we don't have to haul it that
    11 day so it's there so a dozer can cover it up.
    12 Q. Mr. Browning, you testified into the record
    13 here today there are two prior violations within the
    14 last two months prior to this May 1st inspection. Do
    15 you know if those fines have been paid?
    16 A. Yeah. I personally paid them.
    17 Q. They have been paid?
    18 A. Yeah.
    19 MR. BRENNER: I don't have any more
    20 questions for Mr. Dabbs and I'll rest.
    21 MR. WALLACE: Did you have any objections
    22 to Exhibits 2 and 3, the second order and the
    23 photographs?
    24 MR. DABBS: On 2 and 3, the photographs?
    KEEFE REPORTING COMPANY
    Belleville, Illinois 62226
    (800) 244-0190

    26
    1 MR. WALLACE: No, Exhibit 2 is another
    2 order of pollution control.
    3 MR. DABBS: No.
    4 MR. WALLACE: Petitioner's Exhibit 2 is
    5 admitted into evidence, and then on the photographs
    6 which have been marked as Petitioner's Exhibit 3, do
    7 you have any objection to these photographs?
    8 MR. DABBS: No.
    9 MR. WALLACE: Petitioner's Exhibit 3 is
    10 also admitted into evidence. Mr. Dabbs, if you wish
    11 to testify on behalf of the landfill, you may do so.
    12 You've already given your name and title, so if you
    13 have a statement that you wish to give, please, do
    14 so.
    15 MR. DABBS: With the leachate outbreak
    16 flowing into the state of the waters, we do have a
    17 permit to drain that lake through the Army Corps of
    18 Engineers. That lake is surrounded by our landfill
    19 -- three sides of it is surrounded, so I'm sure to
    20 this day if there is some leachate that is escaping
    21 into the water. The lake is 40 feet deep, and since
    22 then the seep in that north area has been corrected.
    23 We are placing final cover on the landfill, and it is
    24 being engineered tested as it is being placed and
    KEEFE REPORTING COMPANY
    Belleville, Illinois 62226
    (800) 244-0190

    27
    1 it's also being lined with a plastic liner.
    2 MR. WALLACE: What's being lined?
    3 MR. DABBS: The old landfill.
    4 MR. WALLACE: Please, continue.
    5 MR. DABBS: As far as the other violations
    6 we did receive a lot of rain in the month of April.
    7 Construction was down and we had a fairly tough time
    8 operating the landfill through the month of April
    9 with all the rain, and there was just certain things
    10 we could not control such as ponding of water in
    11 certain areas, and I do recall there was some days
    12 where we did have very high winds. I think one of
    13 those days we actually had winds up to 40 miles an
    14 hour. I know that paper was blown from the landfill
    15 at least a quarter mile off of our property. There
    16 was times I shut down our trucking company and had at
    17 least 15 to 20 guys picking up paper throughout
    18 people's yards across fields. It was just a matter
    19 of time. We could not contain all of the litter by
    20 the end of the operating day. It was nearly
    21 impossible but we did our best.
    22 MR. WALLACE: Please, continue.
    23 MR. DABBS: As far as the uncovered refuse,
    24 with all the rain that we had that month it was
    KEEFE REPORTING COMPANY
    Belleville, Illinois 62226
    (800) 244-0190

    28
    1 actually like smearing mud over the garbage, and
    2 again, we did the best we could do. I understand
    3 what George is saying. Yes. You could see the
    4 litter poking up through the dirt material, and we
    5 just did the best we could that month, and that's
    6 about all I have to say about this inspection.
    7 MR. WALLACE: Does that conclude your
    8 statement then? Is there anything else you wish to
    9 put into the record on behalf of the landfill?
    10 MR. DABBS: No.
    11 MR. WALLACE: Mr. Brenner, do you have any
    12 cross?
    13 MR. BRENNER: No. I don't have any
    14 questions for him.
    15 CROSS EXAMINATION
    16 BY MR. WALLACE:
    17 Q. Mr. Dabbs, you said the corps of engineers
    18 allowed you to do what to this lake?
    19 A. We have a permit to drain it and that is
    20 part of the landfill expansion. That's considered
    21 phase three. We're going to drain it and we're going
    22 to fill it full of clay, and we're going to line it.
    23 We're going to landfill it and we do have a permit to
    24 drain it.
    KEEFE REPORTING COMPANY
    Belleville, Illinois 62226
    (800) 244-0190

    29
    1 Q. How large is that lake?
    2 A. I want to say it's eight acres.
    3 Q. And so it's going to be drained and become
    4 part of the landfill?
    5 A. Yes. It is.
    6 Q. A continuing cell process that Mr. Browning
    7 mentioned?
    8 A. Yes.
    9 Q. In terms of putting in the liner in the
    10 landfill, does that control the seepage down to this
    11 lake at this time?
    12 A. That area is not lined right now. The clay
    13 is on it. I'm still waiting for a liner crew to come
    14 in. Most of the old landfill is lined right now but
    15 I'm still waiting on the liner crew. Yes. That will
    16 take care of the problem. It will stop water from
    17 filtering through the old landfill, and as soon as
    18 water comes in contact it will run off site.
    19 Q. In terms of the blowing debris and the
    20 cover during the time of rain, do you make any
    21 provisions to have any cover available if the
    22 conditions do become muddy and you're unable to get
    23 to your equipment moving?
    24 A. Yeah. We look out for the weather, see
    KEEFE REPORTING COMPANY
    Belleville, Illinois 62226
    (800) 244-0190

    30
    1 when the rain is coming, and like I said earlier,
    2 we'll stock pile dirt in a general area adjacent to
    3 the active area, so we do have a way for a dozer to
    4 track back and shove it over the active phase to
    5 cover it.
    6 Q. But you continue to operate in the rain?
    7 A. Yes.
    8 Q. Do you have to completely shut down?
    9 A. We only shut down the construction part of
    10 it because the rubber tire machines will not go
    11 through the mud and the water. Only track machines
    12 will go through the landfill, dozers.
    13 Q. Well, if you continue to accept refuse
    14 during rainy conditions then doesn't that present
    15 problems in getting that into the active area and
    16 covered?
    17 A. Yeah, but as far as southern Illinois there
    18 is very few landfills, and it would not be good for
    19 the area for us to completely shut down the landfill
    20 and not accept waste there. The only time we do not
    21 accept it is on Sunday and major holidays.
    22 Q. How big of an active area do you work
    23 everyday?
    24 A. Probably a 70 to a hundred foot wide by
    KEEFE REPORTING COMPANY
    Belleville, Illinois 62226
    (800) 244-0190

    31
    1 maybe 200 or 150 feet long area.
    2 Q. So you start your morning by scraping cover
    3 off?
    4 A. Yes.
    5 MR. WALLACE: Thank you, Mr. Dabbs.
    6 Anything further, Mr. Brenner?
    7 MR. BRENNER: No, no, in terms of
    8 testimony, no.
    9 MR. WALLACE: Mr. Dabbs, anything further
    10 from the landfill?
    11 MR. DABBS: No, sir.
    12 MR. WALLACE: Do you wish to make a closing
    13 statement at all?
    14 MR. BRENNER: All I would say to be very
    15 brief, if I may, Mr. Dabbs and I think Mr. Browning
    16 here has testified to this, has acknowledged these
    17 violations. I think the issue in this case becomes
    18 whether there is some sort of uncontrollable
    19 circumstance, and I believe there has been evidence
    20 suggesting that that is not the case and, therefore,
    21 we ask that the charges be sustained for all four of
    22 them that we have alleged and that's all I have.
    23 MR. WALLACE: Mr. Dabbs, closing statement
    24 on behalf of the landfill?
    KEEFE REPORTING COMPANY
    Belleville, Illinois 62226
    (800) 244-0190

    32
    1 MR. DABBS: Like I said, it was a tough
    2 month, and we have corrected all of these problems.
    3 We have repaired our fencing that contains the litter
    4 while it's blowing, but during this month with the
    5 high winds I don't care what kind of fencing you
    6 have, nothing is going to stop this garbage from
    7 blowing off the property and all over the place.
    8 There is just no way you can control it, so I would
    9 ask that at least that finding be dropped from the
    10 landfill.
    11 MR. WALLACE: That will -- your statement
    12 is part of the record. If there is nothing further,
    13 this hearing is closed. Thank you.
    14
    15
    16
    17
    18
    19
    20
    21
    22
    23
    24
    KEEFE REPORTING COMPANY
    Belleville, Illinois 62226
    (800) 244-0190

    33
    1 STATE OF ILLINOIS )
    ) SS.
    2 COUNTY OF WILLIAMSON )
    3
    4 I, LEANNE R. MAUSEY, a Notary Public in and for
    5 the County of Williamson, State of Illinois, DO
    6 HEREBY CERTIFY that I was personally present at the
    7 Illinois Pollution Control Board hearing at the time
    8 and place set forth in the caption sheet hereof, that
    9 the witnesses were first duly sworn to testify the
    10 truth, the whole truth, and nothing but the truth of
    11 their knowledge touching and concerning the matters
    12 in this cause, and that I took down in stenotype the
    13 questions propounded to the witnesses and the answers
    14 given, and that the foregoing is a full and correct
    15 transcript of such stenotype notes so made at such
    16 time and place.
    17 IN WITNESS WHEREOF, I have hereunto subscribed
    18 my name and affixed my Notarial Seal on the day
    19 of , 1996.
    20
    21 LEANNE R. MAUSEY, CSR, RPR
    NOTARY PUBLIC
    22
    23
    24
    KEEFE REPORTING COMPANY
    Belleville, Illinois 62226
    (800) 244-0190

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