402
          1          BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
          2   MATTESON WHP PARTNERSHIP,           )
              an Illinois general partnership,    )
          3                                       )
                           Complainant,           )
          4                                       )
                     vs.                          ) PCB 97-121
          5                                       )
              JAMES W. MARTIN AND EVA D. MARTIN,  ) 
          6   individually and d/b/a Martin's of  )
              Matteson,                           )
          7                                       )
                           Respondents.           ) VOLUME III
          8          The following is the transcript of a hearing held 
          9   in the above-entitled matter, taken stenographically by 
         10   LORI ANN ASAUSKAS, CSR, RPR, a notary public within and 
         11   for the County of Cook and State of Illinois, before JOHN 
         12   KNITTLE, Hearing Officer, at 100 West Randolph Street, 
         13   Room 11-512, Chicago, Illinois, on the 21st day of 
         14   October, A.D., 1999, at 9:30 a.m.
         15
         16                          ** ** ** ** **
         17
         18
         19
         20
         21
         22
         23
         24
                                                                    403
          1   A P P E A R A N C E S :
          2          ROSEHTHAL AND SCHANFIELD,
                     55 East Monroe Street 
          3          Suite 4600 
                     Chicago, Illinois  60603
          4          (312) 236-5622 
                     BY:  MR. JOSEPH R. PODLEWSKI, JR.,
          5
                             Appeared on behalf of the Complainant,
          6
          7          ROSS & HARDIES,
                     150 North Michigan Avenue 
          8          Suite 2500 
                     Chicago, Illinois  60601 
          9          (312) 558-1000 
                     BY:  MR. DAVID L. RIESER,  
         10
                             Appeared on behalf of the Respondents. 
         11
         12   ALSO PRESENT:
         13   Ms. Marili McFawn
              Mr. Anad Rao
         14   Mr. James D. Persino
              Mr. C. Michael Perkins
         15   Mr. James Harrington
              Ms. Eva D. Martin
         16
         17
         18
         19
         20
         21
         22
         23
         24
                                                                    404
          1                            I N D E X
          2                                                  PAGES
              THE WITNESS:  MR. FREDERICK G. KRIKAU  
          3
              Direct Examination by Mr. Rieser..............406 - 440
          4   Cross-Examination by Mr. Podlewski............441 - 467
              Redirect Examination by Mr. Rieser............468 - 475
          5   Recross-Examination by Mr. Podlewski..........475 - 479
              Re-Redirect Examination by Mr. Rieser.........479 - 480
          6
              THE WITNESS:  MR. MICHAEL PERKINS       
          7
              Rebuttal Examination by Mr. Podlewski.........482 - 495
          8   Cross-Examination by Mr. Rieser...............495 - 518
              Redirect Examination by Mr. Podlewski.........518 - 521
          9
              THE WITNESS:  MR. JAMES PERSINO
         10
              Rebuttal Examination by Mr. Podlewski.........521 - 532
         11   Cross-Examination by Mr. Rieser...............532 - 535
         12   CLOSING COMMENTS BY THE HEARING OFFICER.......535 - 537
         13                         * * * * * * * * 
         14                         E X H I B I T S      
         15                                            Marked for
                                                     Identification
         16
              Respondents' Exhibit I....................   405 
         17   Respondents' Exhibit J....................   405
         18
         19
         20
         21
         22
         23
         24
                                                                    405
          1                       (Respondents' Exhibits I and J marked 
          2                        for idenficatation before the        
          3                        commencement of the proceedings,     
          4                        10/21/99.)
          5        HEARING OFFICER KNITTLE:   Let's go back on the 
          6   record.
          7        My name is, as you know by now, John Knittle.  I'm a 
          8   hearing officer with the Illinois Pollution Control Board.
          9   Today is the third day of hearings in Matteson WHP 
         10   Partnership versus James W. Martin and Eva D. Martin 
         11   individually and doing business as Martin's of Matteson.  
         12   It's PCB No. 97 121.  We are still in the middle of the 
         13   respondents' case-in-chief.
         14        Mr. Rieser, it's your witness. 
         15        MR. RIESER:   Thank you very much.  I would like to 
         16   call Mr. Fred Krikau, please. 
         17        HEARING OFFICER KNITTLE:   Would you swear him in for
         18   me, please? 
         19                                 (Witness sworn.)
         20   WHEREUPON:
         21        F R E D E R I C K    G.    K R I K A U,  P. E.,
         22   called as a witness herein, having been first duly sworn, 
         23   deposeth and saith as follows:
         24
                                                                    406
          1             D I R E C T     E X A M I N A T I O N
          2                         by Mr. Rieser 
          3        Q.   Would you state your name and address for the 
          4   record, please?
          5        A.   My name is Fred -- well, it's actually Frederick
          6   G. Krikau, K-r-i-k-a-u.  I reside at 1056 Killarney, 
          7   K-i-l-l-a-r-n-e-y, Drive in Dyer, D-y-e-r, Indiana 46311.
          8        Q.   Mr. Krikau, where are you currently employed?
          9        A.   I'm currently employed by a company called 
         10   Krikau, Pyles, Rysiewicz and Associates and I'm the 
         11   president of the company.
         12        Q.   What is the business of Krikau, Pyles, 
         13   Rysiewicz?
         14        A.   We are an environmental consulting remediation 
         15   firm.   
         16        Q.   What types of things do you do?
         17        A.   Well, we design remediation strategy.  We 
         18   actually project manage the work in the field doing 
         19   remediation work.  We do air pollution permitting work, 
         20   water pollution permitting work, redesign water pollution 
         21   treatment systems, and we consult with clients.
         22        Q.   Is the Pyles of Krikau, Pyles, Rysiewicz, David 
         23   Pyles?
         24        A.   That is David Pyles.
                                                                    407
          1        Q.   Prior to KPR -- what I'm going to call KPR -- 
          2   how were you employed?
          3        A.   I was employed by a company that changed its 
          4   name repeatedly.  At one time, it was Acme Steel Company. 
          5   Then, it became a company generally known as Interlake.  
          6   Then Interlake split into two companies; one becoming 
          7   Acme Steel again and one remaining Interlake.
          8        Q.   And what was your position with these companies?
          9        A.   When I left the company, my title was corporate 
         10   director of environmental affairs.
         11        Q.   How long were you with those group of companies?
         12        A.   Thirty-two years.
         13        Q.   And for how long did you hold the title that you
         14   just described?
         15        A.   For about 15 years.
         16        Q.   What were your duties as director of 
         17   environmental affairs?
         18        A.   Interlake had 35 plants working in iron and 
         19   steel, aerospace, furniture, powdered metal, storage 
         20   racks, strapping, material handling.  We had 35 plant 
         21   locations scattered throughout the world.  I had 
         22   environmental responsibility for every one of them.
         23        Q.   Did the responsibility have anything to do with 
         24   remediating contaminated sites?
                                                                    408
          1        A.   Yes. 
          2        Q.   In what way?
          3        A.   The company, throughout the years, had developed
          4   a number of landfills, which in the late 1970s and early 
          5   1980s, we -- they began to close and remediate where 
          6   required.
          7        Q.   Anything else?
          8        A.   I designed a lot of remediation strategies for 
          9   the company, yes. 
         10        Q.   The company had several integrated steel -- 
         11   operated several integrated steel facilities, is that 
         12   correct? 
         13        A.   That's correct. 
         14        Q.   That included coke plants, glass furnaces, 
         15   things of that nature?
         16        A.   Right. 
         17        Q.   And you were called upon to look at remediating 
         18   strategies for issues related to the steel-making process?
         19        A.   Yes. 
         20        Q.   What was your education?
         21        A.   I have a bachelor's of science degree in 
         22   chemical engineering from Purdue University.
         23        Q.   Any other training?
         24        A.   Oh, I attended a number of courses years ago 
                                                                    409
          1   before the formation of what we finally refer to as the 
          2   U.S. EPA and Illinois EPA with the U.S. Public Health 
          3   Service and the Department of Interior.
          4        Q.   Do you have any certifications and 
          5   registrations?
          6        A.   I'm a registered professional engineer by 
          7   examination in Illinois.  At one time, I held licenses in 
          8   Ohio, Kentucky, South Carolina.
          9        Q.   Any other registrations or certifications?
         10        A.   Lots of awards and stuff like that, but they 
         11   don't really count.
         12        Q.   Okay.  Do you hold any patents?
         13        A.   Yes.  I hold three patents.
         14        Q.   What are those patents in?
         15        A.   The first patent was a new method of treating a 
         16   liquid waste called pickle liquor, which is actually a 
         17   spent acid.  It is a process that the iron and steel 
         18   industry uses where you clean steel by immersing it in 
         19   acid and, of course, you generate what is now a hazardous 
         20   waste.  
         21             The other two are air pollution abatement 
         22   patents.  Both of them specifically are directed towards 
         23   air pollution issues with coke plants. 
         24        Q.   Have you testified previously before the 
                                                                    410
          1   Pollution Control Board?
          2        A.   Yes. 
          3        Q.   Can you estimate about how many times you have 
          4   done that?
          5        A.   Probably -- oh, boy.  Just a guess, probably 200
          6   times.
          7        Q.   Have you served on the boards of any business or
          8   industry trade associations?
          9        A.   A number of them.
         10        Q.   What ones?
         11        A.   I was a member of the U.S. Chamber of Commerce's
         12   environmental committee.  At one time, I was a member of 
         13   the Illinois State Chamber of Commerce environmental 
         14   committee, Illinois Manufacturers environmental committee.
         15   I'm one of the founding father's of what we finally refer 
         16   to as the Illinois Environmental Regulatory Group or ERG. 
         17   I was chairman of the Manufacturing Chemist Association's 
         18   environmental committee.
         19        Q.   Thank you.  Is it correct to say that you are 
         20   currently involved in working on projects that involve 
         21   remediation of contaminated sites?
         22        A.   I'm working on a number of them.
         23        Q.   In what capacity?
         24        A.   Project management, design of remediation, 
                                                                    411
          1   writing and developing work plans of what needs to be done
          2   on the various sites, and actually hiring the workers 
          3   who -- and supervising them as they do the actual 
          4   remediation.
          5        Q.   Do those sites involve both soil contamination 
          6   and groundwater contamination?
          7        A.   Yes, they do.
          8        Q.   For how long have you been developing programs 
          9   for remediation of contaminated sites?
         10        A.   Middle to late 1970s.
         11        Q.   Have you ever worked on any CERCLA sites, 
         12   C-E-R-C-L-A?
         13        A.   Yes. 
         14        Q.   How many would you say?
         15        A.   Counting them, probably seven or eight of them 
         16   and some of those, we are currently working on.
         17        Q.   Have you worked on remediating contaminated 
         18   sites in Illinois?
         19        A.   Yes. 
         20        Q.   How many would you say?
         21        A.   Non-CERCLA sites, maybe 15 or 16.
         22        Q.   How many of these would you say obtained 
         23   no further remediation letters or some type of final 
         24   resolution from either the Illinois EPA or the U.S. EPA?
                                                                    412
          1        A.   I'm sorry.  I have to ask a question.  Under 
          2   what programs?
          3        Q.   Under any of the programs.
          4        A.   I will say around ten or so.
          5        Q.   Have you worked on any sites located -- 
          6   contaminated sites located in the south suburbs of 
          7   Chicago?
          8        A.   Yes. 
          9        Q.   Have you worked -- how many would you say?
         10        A.   Four or five maybe.
         11        Q.   Have you worked on sites involving the release 
         12   of perchlorethylene or perc?
         13        A.   Yes. 
         14        Q.   How many?
         15        A.   Three or four of them.
         16        Q.   Okay.  How many of these involved dry cleaners?
         17        A.   So far, one.
         18        Q.   Okay.  How many remedial action plans have you 
         19   developed for Illinois sites and submitted to the Illinois
         20   EPA for review and approval?
         21        A.   Eighteen or 20 of them.  Not all of them have 
         22   been approved yet, but they are pending.
         23        Q.   How many -- that was my next question.
         24        A.   I'm sorry.
                                                                    413
          1        Q.   That's okay.  How many have been approved?
          2        A.   Sorry.  Eight or nine, roughly.
          3        Q.   And the rest are still pending?
          4        A.   The rest are still pending.
          5        Q.   Are you familiar with the Board's Tiered 
          6   Approach to Corrective Action Objectives or TACO 
          7   objectives?
          8        A.   I'm very familiar with them.
          9        Q.   How did you become familiar with those?
         10        A.   Well, I actually belonged to another trade 
         11   organization currently called the Illinois Steel Group. 
         12   Through that organization, they had retained a group 
         13   of people to work on TACO and I kind of acted like a 
         14   technical advisor to one of them.  Of course, I read 
         15   TACO and work with it almost every day.
         16        Q.   How many sites have you worked on in Illinois 
         17   where you have used these regulations to develop remedial 
         18   objectives?
         19        A.   Five or six.  Somewhere in that neighborhood.
         20        Q.   And how many of these have been approved by the 
         21   Illinois EPA?
         22        A.   I would say most of them have been approved by 
         23   the Illinois EPA.
         24        Q.   The ones that are not approved are still 
                                                                    414
          1   pending? 
          2        A.   They are still pending.
          3        Q.   Have you prepared a professional profile listing
          4   your professional qualifications?
          5        A.   Yes, I have. 
          6        Q.   I'm going to show you what has been marked 
          7   as Respondents' Exhibit I and ask you if that is your 
          8   professional profile. 
          9        A.   Yes, it is.  
         10        Q.   That's current and up-to-date?
         11        A.   I don't think the cases that I testified about 
         12   are exactly up-to-date.
         13        Q.   Okay.
         14        A.   But everything else in here is up-to-date.
         15        Q.   You list on here on Page 3, major remediation 
         16   projects, correct?
         17        A.   Yes. 
         18        Q.   Okay.  So these aren't all of the remediation 
         19   projects that you have worked on, just the ones that you 
         20   feel are of particular note?
         21        A.   These are the large ones, and I mean very large 
         22   ones.
         23        Q.   When you say very large, what do you mean?
         24        A.   Each one of these remediations ran well over 
                                                                    415
          1   $1 million.  Some of them are as much as $85 million.  
          2        Q.   Now, you have become familiar with a site in 
          3   Matteson, Illinois located at 5603 Vollmer, which we have 
          4   been calling the Martin's of Matteson site, correct? 
          5        A.   Correct. 
          6        Q.   Have you reviewed any engineering or technical 
          7   reports with regard to that site?
          8        A.   I reviewed a report that was prepared by an 
          9   environmental firm called Pioneer.
         10        Q.   And I'm going to show you what was previously 
         11   marked as Exhibit E --
         12        HEARING OFFICER KNITTLE:   Actually, it's on the 
         13   bottom. 
         14        MR. RIESER:   Thank you. 
         15        HEARING OFFICER KNITTLE:   You're welcome.  
         16   BY MR. RIESER: 
         17        Q.   -- and ask you if -- and this is the Pioneer 
         18   report of September 10, 1996, and ask you if this is the 
         19   report you were just referring to? 
         20        A.   Yes, it is.  
         21        Q.   You have also, I understand, reviewed the 
         22   deposition testimony of Mr. James Persino regarding 
         23   his desired remedy in this case, is that correct? 
         24        A.   That is correct.
                                                                    416
          1        Q.   What do you understand that remedy -- desired 
          2   remedy to be?
          3        A.   I understand the desired remedy is that the 
          4   contamination that is on-site be cleaned up to what is 
          5   referred to as background.
          6        Q.   Are you otherwise familiar with the site other 
          7   than your review of the Pioneer documents?
          8        A.   Yes.  I drive past the site because I live --  
          9   basically, Dyer, Indiana is basically a southern suburb of
         10   Chicago.  I was born and raised in Dolton.  There is a 
         11   nice man's fashion shop called Raymond Levine where I 
         12   purchase my clothes.
         13        Q.   Is that on the -- on the -- 
         14        A.   It's near it, let's put it that way.  It's on 
         15   Vollmer Road.
         16        Q.   Have you developed an opinion as to whether 
         17   Mr. Persino's proposed remedy is technically feasible and 
         18   economically feasible?
         19        A.   Yes, I have. 
         20        Q.   Now, in developing that opinion, is it accurate 
         21   that you relied on the Pioneer report that's included as 
         22   Exhibit B?
         23        A.   Yes.  The assumptions that I made is that the 
         24   Pioneer report is correct as far as it went.
                                                                    417
          1        Q.   As far as it went?
          2        A.   Yes. 
          3        Q.   And you were not asked to give an opinion as 
          4   to whether the study was adequate for the purposes of 
          5   designing a remediation strategy at the site?
          6        A.   I was not asked that question, no.
          7        Q.   All right.  Now, going back to your opinion 
          8   as to whether the remedy is technically feasible and 
          9   economically reasonable, what is that opinion?
         10        A.   In terms of economical reasonableness, the 
         11   requirement or the request that it be cleaned up to 
         12   background, in my opinion, is unreasonable and not in 
         13   accordance with Illinois environmental regulations.  
         14        I also have trouble based on the limited information
         15   we have from the plan or report whether or not it would be
         16   technically feasible to achieve background.
         17        Q.   Taking the economic reasonableness issue first, 
         18   what's the basis for that statement?
         19        A.   Well, under Illinois regulations, a site can be 
         20   cleaned up to a point where it can continue to operate and
         21   you don't have to clean up to basically a background level
         22   if the background level is what I call the infinite zero. 
         23   Zero means no matter how many decimal points you go, it 
         24   remains zero.
                                                                    418
          1        Q.   When you say how many decimal points you go, do 
          2   you mean in terms of the samples that you take?
          3        A.   Yes. 
          4        Q.   So that no matter how sensitive the sampling is,
          5   you would not find perchlorethylene in the ground?
          6        A.   Correct. 
          7        Q.   Okay.
          8        A.   It would always be zero.
          9        Q.   Go on and state the economic reasonableness.
         10        A.   Right.  Because the costs would continue to go 
         11   up, up, up as you try to reach that infinite zero.
         12        Q.   Did you identify any remedial strategies that, 
         13   in your mind, would attempt to achieve that particular 
         14   remediation objective of zero?
         15        A.   I came up with two strategies that would, I 
         16   think, reach say Illinois TACO cleanup objectives, two 
         17   of them, yes. 
         18        Q.   Is it your opinion that they would not achieve 
         19   the background levels that's the desired remedy?
         20        A.   I don't believe these two strategies would, no. 
         21        Q.   What are the strategies that you had developed?
         22        A.   Well, the first one was to basically excavate 
         23   the contaminated soil, backfill the excavation as such, 
         24   and then install a technology called pump and treat, pump 
                                                                    419
          1   up and treat groundwater.
          2        Q.   All right.  What would that process -- what 
          3   would excavating the soil involve?
          4        A.   Well, first of all, in order to excavate the 
          5   soil, you would have to tear down the building because the
          6   Pioneer report says the contamination is underneath the
          7   building.  It's kind of hard to excavate under a building 
          8   without removing the building.  Consequently, the building
          9   would have to be removed or demolished, if you will, and 
         10   then the soil excavated.
         11             In my opinion, that would have to be done first 
         12   because the -- if you tried to pump and treat without 
         13   removing contaminated soil, the contaminated soil would 
         14   continue to contaminate the groundwater.  After that 
         15   excavation is completed, you would have to backfill the 
         16   excavation obviously because you cannot leave an open 
         17   hole.  It's not safe.  
         18             Then you would have to install a pump and 
         19   treat system to pump up groundwater and run it through 
         20   basically a wastewater treatment plant to remove -- I'm 
         21   going to use the word perc rather than perchlorethylene 
         22   for the sake of the discussion.
         23        Q.   And all of these strategies would address not 
         24   only the perc, but the degradation products as well that 
                                                                    420
          1   the report identifies?
          2        A.   Yes. 
          3        Q.   How does the wastewater treatment system for the
          4   pump and treat process you have indentified work?
          5        A.   Well, you put an extraction well down into the
          6   groundwater and you pump that water up and you run it 
          7   through wastewater where you have a pump and piping and 
          8   things of that nature.  
          9        You run that through a -- generally, for a 
         10   chlorinated solvent, you run it through a carbon filter, 
         11   if you will.  The carbon itself then absorbs the perc 
         12   stripping it away from the water.  So now you have a way 
         13   stream which is the carbon that has the perc on it which 
         14   you have to dispose of.  
         15             Then you have a wastewater stream that you have 
         16   to determine what you want to do with it.  There are two 
         17   ways to handle that wastewater stream.  That would be to 
         18   put it into a sanitary sewer, which would require trying 
         19   to get a permit from the Metropolitan Water Reclamation 
         20   District, or you can reinject it into the ground.
         21        Q.   During the time that the excavation is going 
         22   on, the premises obviously cannot be occupied because the 
         23   building is demolished, is that correct? 
         24        A.   Yes.  There is going to be a big hole there.
                                                                    421
          1        Q.   Fair enough.  While the pump and treat system 
          2   is going on, can the premises -- assuming the building is 
          3   rebuilt -- be occupied?
          4        A.   The building is already gone.  You would have to
          5   rebuild it.
          6        Q.   Okay.  Assuming it was rebuilt.
          7        A.   That probably could be done.
          8        Q.   Okay.
          9        A.   I don't think there is enough information in the
         10   Pioneer report that I could make that judgment.
         11        Q.   Okay. 
         12        A.   You have to understand when you put the 
         13   extraction well into the ground, you have to create what 
         14   is called a cone of depression in order to -- perc is 
         15   heavier than water.  
         16        Consequently, if it's not floating on top of the
         17   groundwater, it's sitting on the bottom of the 
         18   groundwater.  So you have to get lower than the lowest 
         19   spot of a clay layer, as we call it, in order to extract 
         20   the water for treatment.  
         21        Without spending some time going through the report, 
         22   I don't know where that deep spot is.  If it's underneath 
         23   the building, you may not be able to rebuild the building.
         24        Q.   Are there any other -- let's call it aesthetic 
                                                                    422
          1   impacts with having a pump and treat system next to a 
          2   commercial building?
          3        A.   Well, obviously people around are going to get 
          4   upset about a great big hole being dug.  Number two, you
          5   have to install somewhere a wastewater treatment plant.  
          6   They tend to be a little bit noisy at times.  
          7        If they are not perfectly maintained, they sometimes 
          8   create odors.  Odors will become a problem also for the 
          9   surrounding people during the excavation of the 
         10   contaminated soil.  Obviously, the perc will volatilize 
         11   and there will be an odor problem during the excavation.
         12        Q.   Did you provide an estimate -- have you 
         13   estimated the cost of this -- let me ask one more question
         14   before we get to the cost.  
         15        How long would you have to run the pump and treat to 
         16   achieve background levels with the groundwater assuming 
         17   there is groundwater?
         18        A.   I would venture to guess it could be anywhere 
         19   from 15 to 25 years.
         20        Q.   Have you prepared a cost estimate of the cost of
         21   doing this work?
         22        A.   I prepared a rough cost estimate to do this work
         23   to excavate the soil, dispose of it, and install the pump 
         24   and treat system.  I did not include in that estimate the 
                                                                    423
          1   cost of demolishing the building because I'm not qualified
          2   to do that or to rebuild the building.
          3        Q.   What was the cost estimate?
          4        A.   That was right around, I think, $700,000.
          5        Q.   Okay.  I think you said that there was another 
          6   remediation strategy that you could use at the site to 
          7   try and achieve background conditions?
          8        A.   Yes. 
          9        Q.   Okay.  What is that other remediation strategy?
         10        A.   I want to emphasize the word try.
         11        Q.   Okay.  What is that other remediation strategy?
         12        A.   Well, that would be to install a soil vapor
         13   extraction system to attempt to remove the perc from the 
         14   contaminated soil without removing the soil.  This is 
         15   called in situ treatment and then follow that with the 
         16   pump and treat system that I described in my last answer.
         17        Q.   What would be involved in installing an in situ 
         18   treatment system?
         19        A.   Well, to install a soil vapor extraction system,
         20   which we'll call it an SVE system for now on to make it 
         21   easier, you basically have to sink tubes into the ground 
         22   and blow air down there and have the air try to strip the
         23   perc off of the contaminated soil.  Then you bring it back
         24   up through another series of tubes.  That ends up going 
                                                                    424
          1   through an air pollution vapor device.  
          2        Depending on -- and again assuming that the Pioneer 
          3   report is correct, it's most likely you would have to put 
          4   some of those tubes down through the building floor or 
          5   remove the building and then put the tubes down and bury 
          6   them and then rebuild the building, one or the two.  That 
          7   would mean the building is unusable.
          8        Q.   Do you believe that an SVE strategy could be 
          9   used to remediate the soils to background levels?
         10        A.   I have run a number of SVE systems and I've 
         11   never come to my infinite zero.  Could you reach some of 
         12   the TACO number's cleanup objectives?  Probably.  
         13        What we are missing in the Pioneer report is what the
         14   soil conditions are underneath the building.  If it's a 
         15   fine grandular sand material where you can get the area 
         16   pushing down there to mingle with the fine particles of 
         17   the contaminated dirt, then you could strip it.  
         18        On the other hand, if it's a very dense clay with 
         19   permeabilities of ten to the minus five or ten to the 
         20   minus six, it's very difficult to get the air and that 
         21   to the individual clay particles to have the stripping 
         22   actually occur.  
         23        Q.   Do you recall a finding by Pioneer as to the 
         24   permeabilities of soil that was concluded in this report?
                                                                    425
          1        A.   I might have read it.  I don't remember.
          2        Q.   I'm going to direct your attention to Section 
          3   5.5, "Results of Pump/Slug Test," on Page 15 of Exhibit E,
          4   and point you to the sentence that says, and I quote, 
          5   "Based on the results of the slug test performed on-site 
          6   and the physical characteristics of the soil, the 
          7   hydraulic conductivity at the site is estimated to be 
          8   approximately ten to the minus nine to ten to the minus 
          9   seven centimeters per second."  Do you see that?
         10        A.   Yes. 
         11        Q.   Okay.  Based on that, does that make any 
         12   difference in what you just described in terms of the 
         13   ability for SVE to remediate the soil to either background
         14   or tier I levels?
         15        A.   It would be tough.  It would be very difficult 
         16   to do on that type of soil.
         17        Q.   Why is that?
         18        A.   Because you probably would have to do some -- 
         19   attempt to do some of what we call shattering of the soil,
         20   subsurface of soils.
         21        Q.   In order to break up the soil's pathway for the 
         22   air to move through the soils, is that correct? 
         23        A.   Yes. 
         24        Q.   Okay.
                                                                    426
          1        A.   That gets to be tricky because sometimes to do 
          2   that, you are using many different types of devices to 
          3   shock.
          4        Q.   Even if you were able to remediate the soils to 
          5   some level, you would still have to operate a pump and 
          6   treat system with respect to groundwater, is that 
          7   correct? 
          8        A.   Yes.  The contaminated groundwater is still 
          9   going to be there.
         10        Q.   Okay.  Would the property be usable during the 
         11   time you were implementing an SVE pump and treat strategy?
         12        A.   As I said, I think the property might be 
         13   usable.  I'm not sure the building would be usable, the 
         14   structure.
         15        Q.   Why not? 
         16        A.   Well, as I said --
         17        MR. PODLEWSKI:   I'm going to object to this because 
         18   I think this is beyond his expertise as to whether or not 
         19   something is usuable.  He is an environmental consultant. 
         20   Whether or not property or buildings are usable is 
         21   something that I think goes beyond his expertise. 
         22   I think that --
         23        MR. RIESER:   All we are talking about is whether the
         24   placement of this system would make it difficult to be in 
                                                                    427
          1   the building, not in a property sense of what's usable, 
          2   but whether -- through excavation, things torn down so you
          3   can't use it, whether you have to run equipment or other 
          4   issues with respect to the construction or operation of 
          5   the system, that would make it very difficult to use the 
          6   system.  I think that's what -- he has addressed that in 
          7   other aspects and he is just addressing that again. 
          8        HEARING OFFICER KNITTLE:   Mr. Podlewski, do you 
          9   still have an objection based on that limited definition 
         10   of what usability is in this situation? 
         11        MR. PODLEWSKI:   I would prefer that Mr. Rieser ask 
         12   the questions other than using the term usable.  If he
         13   wants to have Mr. Krikau describe what an SVE system and 
         14   pump and treat system would entail in terms of where it 
         15   would be located and would it -- possibly could it 
         16   interfere with the use of the -- with the occupancy of the
         17   property, that may be proper for him to testify as to 
         18   that. 
         19        HEARING OFFICER KNITTLE:   I'll sustain it.  You 
         20   could ask more specific questions, I think, and avoid this
         21   problem, Mr. Rieser. 
         22        MR. RIESER:   That's fine.  Thank you.  
         23   BY MR. RIESER: 
         24        Q.   For the implementation of the SVE system that 
                                                                    428
          1   you described, what equipment would be necessary to 
          2   install and where would it be located?
          3        A.   Well, as I said, you would have to sink 
          4   somewhere into the ground or into the soil a set of tubes;
          5   one to put air down there and one to bring the air back up
          6   or sometimes you use them both ways.  That would require 
          7   drilling holes all over the place to put holes in there.
          8        Q.   Would you have to set only two or would you have
          9   to set a number of them?
         10        A.   On an SVE system, I would set a number of them.
         11        Q.   How many -- for this type of property, how many 
         12   would you have to set?
         13        A.   I would have to look at the site map.  I don't 
         14   remember the details.
         15        Q.   But more than two?
         16        A.   More than two.
         17        Q.   Okay. 
         18        A.   You would have to sink them.
         19        Q.   Okay.
         20        A.   Now, you could either sink them through, for 
         21   example, the floor of the building or you can install 
         22   those subgrade.  But in order to install them subgrade, 
         23   you have to get beneath the floor.  That would be -- and 
         24   then from those tubes you vertically put into the ground, 
                                                                    429
          1   you then have to continue running them through that air 
          2   pollution abatement device for the air movement that I 
          3   described to you before.
          4        Q.   So then you would have to have pipes in the 
          5   ground and then pipes coming from those pipes for the air 
          6   movements?
          7        A.   Yes. 
          8        Q.   How large would those pipes be?
          9        A.   Some of them I've installed are as small as 
         10   three inches in diameter and others are as large as nine 
         11   inches in diameter.  It depends on lots of things.
         12        Q.   And if you had to install these wells and these 
         13   pipes within the stores of the shopping center on Vollmer 
         14   Road, would that have any potential impact on people 
         15   walking in and out or walking through those stores? 
         16        MR. PODLEWSKI:   I'm going to object to that unless 
         17   Mr. Krikau can testify he's actually prepared a proposal 
         18   for the installation of an SVE system and a pump and treat
         19   system at the property. 
         20        HEARING OFFICER KNITTLE:   Mr. Rieser? 
         21        MR. RIESER:   Mr. Krikau has presented an opinion 
         22   involving the installation of the SVE system at that site.
         23   He obviously has not presented a formalized proposal.  I 
         24   think what he is talking about are some of the issues that
                                                                    430
          1   could come up with the use of this type of system to 
          2   achieve the goals Mr. Persino has said.  We are talking 
          3   about potential problems that have come -- that might come
          4   up, potential limitations on the use of the property as a 
          5   result of the installation of this type of equipment. 
          6        HEARING OFFICER KNITTLE:   Okay.  I'm going to 
          7   overrule the objection. 
          8        MR. RIESER:   Do you remember the question? 
          9        THE WITNESS:  No. 
         10        MR. RIESER:   Would you read it back, please? 
         11                       (Whereupon, the requested portion of  
         12                        the record was read accordingly.)
         13   BY THE WITNESS: 
         14        A.   Well, if the design calls for the installation 
         15   of one inside of the building that was the dry cleaners 
         16   and you didn't tear up the floor to bury the pipe, 
         17   obviously somebody would trip over a pipe laying on the 
         18   floor.  So you wouldn't want to do that.  
         19        Whether you would have to sink these tubes, as I call
         20   them, in other buildings or tenants in that shopping 
         21   center, I would need to have some time to design it.  Most
         22   likely, you would.  I can't say for sure you would.  I 
         23   don't know without spending a lot of time actually working
         24   out a total design.  
                                                                    431
          1   BY MR. RIESER: 
          2        Q.   Does -- do the TACO regulations require that 
          3   perc contamination be remediated to background levels?
          4        A.   No, they do not.
          5        Q.   What's the basis for that statement?
          6        A.   Well, the TACO regulations were originally 
          7   adopted -- and this is my opinion -- to establish in 
          8   Illinois levels of contamination that could be left on the
          9   ground to protect public health and the environment and 
         10   that sort of thing.  The TACO regulations don't require 
         11   cleanup to background.  They don't.
         12        Q.   TACO provides different levels of tiers of 
         13   cleanup standards and methods for determining cleanup 
         14   standards, is that correct? 
         15        A.   Yes.  TACO has -- classifies property into two 
         16   classifications; one being residential and then the other 
         17   being referred to as industrial/commercial.  Within each 
         18   of those classifications, there are actually three tiers; 
         19   Tier I, Tier II and Tier III.
         20        Q.   It is correct also that the different values 
         21   are established for different potential pathways for 
         22   contaminants to move from the soil groundwater and cause 
         23   exposure?
         24        A.   Yes.  They establish cleanup objectives for 
                                                                    432
          1   soils.  Then they establish the pathways.  Often, there 
          2   are pathways to groundwater, the type of soil used, things
          3   of that nature.
          4        Q.   And they also provide for methodologies to 
          5   exclude certain pathways based on conditions and use of 
          6   the particular property where the contamination might be 
          7   located, correct? 
          8        A.   Yes, they do.
          9        Q.   What are some of those methods?
         10        A.   Well, we finally refer to those as institutional
         11   controls.
         12        Q.   Those are?
         13        A.   Restricting a deed restriction, installation of 
         14   engineering barriers, that sort of stuff.
         15        Q.   How could an institutional control be used to 
         16   address a groundwater contamination issue?
         17        A.   Well, obviously, if nobody is using the 
         18   groundwater as a drinking water source, that could become 
         19   an institutional control.  If it was prohibited from being
         20   used as a drinking water source...
         21        Q.   Then you could also establish that the 
         22   groundwater was not impacting other properties.  Would 
         23   you have to make any other findings with respect to the 
         24   groundwater with respect to using institutional controls 
                                                                    433
          1   on individual properties? 
          2        MR. PODLEWSKI:   To do what?  Objection. 
          3        MR. RIESER:   To exclude the groundwater pathway. 
          4        HEARING OFFICER KNITTLE:   Is that okay? 
          5        MR. PODLEWSKI:   Yes.
          6   BY THE WITNESS: 
          7        A.   To make sure that this doesn't impact, you know,
          8   adjacent uses as such.  
          9   BY MR. RIESER: 
         10        Q.   And are there other vehicles besides 
         11   institutional controls that TACO allows to exclude certain
         12   exposure pathways such as engineering barriers? 
         13        MR. PODLEWSKI:   Objection, leading.
         14        HEARING OFFICER KNITTLE:   Sustained. 
         15   BY THE WITNESS: 
         16        A.   I said engineering barriers already.  
         17   BY MR. RIESER: 
         18        Q.   Well, describe how engineering barriers would 
         19   work.
         20        A.   Well, an engineering barrier is basically, as I 
         21   refer to it, tapping over the contamination so that you 
         22   can't get to it and then making sure somehow that anybody 
         23   who is using the property or anything like that never goes
         24   through that barrier.  We usually refer to that as a deed 
                                                                    434
          1   restriction or some form of deed restriction.
          2        Q.   You testified earlier that TACO provided 
          3   standards for properties being used as residential, is 
          4   that correct? 
          5        A.   Correct. 
          6        Q.   Are those the most stringent standards?
          7        A.   Generally, they are more stringent, but if I 
          8   remember correctly, the cleanup objective, particularly 
          9   the migration of the groundwater, is the same -- on perc, 
         10   is the same whether it's residential or it's industrial.  
         11   It's the same number.
         12        Q.   The cost estimates you developed with respect 
         13   to -- the cost estimates you developed with respect to 
         14   achieving the background levels from two different 
         15   remediation strategies, do they vary at all if your 
         16   remediation objective was Tier I values involving 
         17   groundwater?
         18        A.   Say that again.
         19        Q.   Do the cost estimates that you developed to 
         20   achieve the remediation objective of background conditions
         21   that you have testified here today, do they change at all 
         22   if you changed the remediation objective to the Tier I 
         23   residential standards?
         24        A.   Yes. 
                                                                    435
          1        Q.   In what way?
          2        A.   The cost would be less.
          3        Q.   How much?
          4        A.   Well, I only testified on a cost estimate for 
          5   the excavation and that.  The other one that I estimated 
          6   was for the SVE system which is pump and treat.  That one,
          7   I think in my letter report, I estimated at $400,000, 
          8   which would be the one that I would recommend if you went 
          9   to Tier I and not excavating.  It probably would be 
         10   $100,000 or $150,000 less.  Remember, I said even the SVE 
         11   pump and treat remedy that I put in my letter report, I 
         12   really don't believe that it would achieve background.  I 
         13   don't.
         14        Q.   Would the pump and treat system ever achieve 
         15   Tier I residential standards for the protection of 
         16   groundwater?
         17        A.   Given enough time, yes. 
         18        Q.   How long would it take?
         19        A.   As I testified before, I don't care whether you 
         20   put in a pump and treat system or the excavation scenario.
         21   If you put in the SVE scenario, it's going to take a long 
         22   time.  Probably 20 years.
         23        Q.   At a cost of how much per year?
         24        A.   In order to install that, you would have to 
                                                                    436
          1   submit a corrective action plan to the Illinois EPA and 
          2   that's one of the nice negotiating points that go through 
          3   with them.  It's got to do with how many times a year when
          4   you install the pump and treat system, you have to install
          5   monitoring wells around the extraction well.         
          6   Periodically, you have to go out and sample those 
          7   monitoring wells to see whether you are accomplishing 
          8   anything and if so, how much.  We like to draw beautiful 
          9   curves showing how the cleanup is going.  How often you 
         10   sample those wells is not really definitely
         11   spelled out in regulations.  That's an issue you negotiate
         12   with the Illinois EPA based on the site and things of that
         13   nature.
         14        Q.   All right.  Would the cost of the excavation 
         15   remedy change at all if your remediation objective was 
         16   Tier I residential standards rather than background? 
         17             MR. PODLEWSKI:   Could you read that question 
         18   back?  I may have an objection. 
         19                       (Whereupon, the requested portion of  
         20                        the record was read accordingly.)
         21             MR. PODLEWSKI:   I don't have any objection. 
         22   BY THE WITNESS: 
         23        A.   I wouldn't recommend that strategy.
         24
                                                                    437
          1   BY MR. RIESER:
          2        Q.   Why not?
          3        A.   I hate to tear down the usable building and I 
          4   think you could possibly design an SVE system if you had 
          5   to to meet a Tier I cleanup objective without having to 
          6   remove the building.
          7        Q.   In your experience with the U.S. EPA, have they 
          8   ever required that a building be demolished in order to 
          9   remediate a site?
         10        A.   I have never had them order or ask us to 
         11   demolish a building for remediation.
         12        Q.   Have you ever required a building be rendered 
         13   unusable to remediate a site?  
         14                       (Whereupon, Mr. Perkins entered the   
         15                        proceedings.)
         16        HEARING OFFICER KNITTLE:   I'm sorry.  You can go 
         17   ahead, Mr. Rieser.
         18        MR. RIESER:  Could you read the question back? 
         19                       (Whereupon, the requested portion of  
         20                        the record was read accordingly.)
         21   BY THE WITNESS:
         22        A.   No. 
         23   BY MR. RIESER:
         24        Q.   In your experience with the Illinois EPA, have 
                                                                    438
          1   they ever required that buildings be demolished in order 
          2   to remediate a site?
          3        A.   Not in my experience, no.
          4        Q.   Has the IEPA required a building be rendered 
          5   unusable to remediate a site?
          6        A.   No.
          7        Q.   Does the IEPA have what it calls the common 
          8   sense approach with regard to contamination of buildings?
          9        A.   That's a policy they have, yes. 
         10        Q.   What is that?
         11        A.   Well, you just asked the question on the 
         12   buildings.  They don't require you to tear down a building
         13   to remediate under a site.  The major reason they don't is
         14   that the building itself, having a concrete floor or 
         15   something of that nature, is an engineering barrier.  They
         16   use that as an example of a common sense approach.
         17        Q.   As a consultant, would you recommend to a 
         18   property owner that they try to achieve -- that they 
         19   use a strategy to try to achieve background levels for 
         20   contaminants?
         21        A.   No.
         22        Q.   Why not?
         23        A.   Regulations don't require it.
         24        Q.   If you built an SVE system at the site, would it
                                                                    439
          1   achieve either background levels or Tier I residential 
          2   standards within a two-year time frame?
          3        A.   No, not in my experience.
          4        Q.   I have nothing further.  Oh, excuse me.  I do 
          5   have something further.  Sorry.  
          6        Did you prepare a letter embodying your opinions that
          7   you presented today previous to this?
          8        A.   Yes. 
          9        Q.   I'm going to show you what was previously marked
         10   as Respondents' Exhibit J and ask you if this is a true 
         11   and accurate copy of that letter. 
         12        A.   Yes.  
         13        Q.   This letter embodies the basic opinions 
         14   presented today, is that correct? 
         15        A.   Yes. 
         16        MR. PODLEWSKI:   I object to that.  I think the 
         17   letter speaks for itself. 
         18        HEARING OFFICER KNITTLE:   Sustained. 
         19        MR. RIESER:   I have no further questions.  I ask for
         20   the admission of Exhibits I and J at this time. 
         21        HEARING OFFICER KNITTLE:   Let's take them one at a 
         22   time.  First of all, the profile of Mr. Krikau?
         23        MR. PODLEWSKI:   I have no objection to that. 
         24        HEARING OFFICER KNITTLE:   That will be admitted.  
                                                                    440
          1   Respondents' J is the letter of Mr. Krikau concerning 
          2   remediation. 
          3        MR. PODLEWSKI:   I have no objection to that one 
          4   either. 
          5        HEARING OFFICER KNITTLE:   That will be admitted as 
          6   well.  
          7        Do you have anything further, Mr. Rieser? 
          8        MR. RIESER:   No.  
          9        THE WITNESS:   Can I get a drink of water?
         10        HEARING OFFICER KNITTLE:   Let's take five.  Let's go
         11   off the record for a moment. 
         12                       (Whereupon, after a short break was
         13                        had, the following proceedings were  
         14                        held accordingly.) 
         15        HEARING OFFICER KNITTLE:   All right.  Let's go back 
         16   on the record.  We will now begin the complainant's 
         17   cross-examination of this witness.
         18        MR. PODLEWSKI:  Thank you, Mr. Hearing Officer.
         19               C R O S S - E X A M I N A T I O N
         20                        by Mr. Podlewski 
         21        Q.   Mr. Krikau, you testified that you were involved
         22   in remediation of landfills and designed remediation plans
         23   for Interlake and Acme Steel, is that correct? 
         24        A.   That's correct. 
                                                                    441
          1        Q.   And the landfills -- the landfills that you 
          2   designed remediation plans for, were these landfills that 
          3   were owned by either Interlake or Acme Steel?
          4        A.   While I was employed at Acme/Interlake, yes, 
          5   they were owned by Acme/Interlake.
          6        Q.   And what about -- you said you designed 
          7   remediation plans.  Does that also relate to those 
          8   landfills?
          9        A.   Yes. 
         10        Q.   It didn't relate to any other kind of facilities
         11   or situations?  It specifically related to landfills that 
         12   were owned and operated by either Acme Steel or Interlake?
         13        A.   No.  I might have misstated.  Yes, it was that, 
         14   but I also did remediation plans for spills and things of 
         15   that nature for various plants.  
         16        Q.   But those were at the Acme Steel or Interlake 
         17   facilities?
         18        A.   The reason I'm pausing is at one time, Interlake
         19   allowed my environmental department to sell services 
         20   outside the company.  Give me a minute.  I don't remember 
         21   quite what I did at that time.  
         22        Okay.  I believe at that time I did not design any 
         23   remediation plans for landfills.  I might have done one 
         24   for a spill -- a cleanup remediation plan to cleanup a 
                                                                    442
          1   spill of an acid.
          2        Q.   And this was at a site other than one owned by
          3   either Interlake or Acme Steel?
          4        A.   Yes.
          5        Q.   Okay.  And did you design that cleanup plan for 
          6   the property owner as best as you can recall?
          7        A.   Yes.  Because it was a spill that occurred at a 
          8   plant and the property was owned by the property owner and
          9   I designed it for him.
         10        Q.   That's fine.  Now, you also testified that you 
         11   have given testimony before the Pollution Control Board 
         12   approximately 200 times?
         13        A.   Yes.
         14        Q.   How many of those -- how many of those instances
         15   involved testimony as to the technical feasibility or 
         16   economic reasonableness of a remedy sought from the 
         17   Pollution Control Board in a citizen's enforcement case?
         18        A.   None.
         19        Q.   This is the first time?
         20        A.   Yes.  As you defined it, yes. 
         21        Q.   You also testified you were involved in CERCLA 
         22   sites?
         23        A.   Yes. 
         24        Q.   Do you remember your testimony?
                                                                    443
          1        A.   Yes. 
          2        Q.   Were those -- are those sites -- well, are those
          3   sites that are on the national priorities list or are 
          4   those sites that are being investigated under CERCLA or 
          5   what -- when you say CERCLA sites, what do you mean?
          6        A.   That gets to be complicated.  That's a good 
          7   question.  One of them is a listed NPL site.
          8        Q.   Okay.  And what are the other sites that you 
          9   said were CERCLA sites?
         10        A.   Some of those are cleanups going on under 
         11   Section 106, which I interpreted to be a CERCLA site 
         12   because I think Section 106 is CERCLA.
         13        Q.   Right. 
         14        A.   And others are -- they were cited under CERCLA 
         15   statutes, but they ended up with administrative consent 
         16   orders.
         17        Q.   And what is the extent of your involvement in 
         18   those sites?
         19        A.   In one of them, I actually designed the remedy 
         20   and got it approved by the government agencies involved.
         21        Q.   And for whom did you design that remedy at that 
         22   site?
         23        A.   On this one, I designed the remedy for 
         24   Interlake.
                                                                    444
          1        Q.   Were they the owner of the property?
          2        A.   No, they were not.
          3        Q.   What was their relationship with the property?
          4        A.   They had owned the property and they had sold 
          5   the property years ago and then contamination was 
          6   discovered at that property.  I'll tell you, it's the 
          7   St. Louis River site up in Duluth, Minnesota.
          8        Q.   My point is that you designed a remedy and got 
          9   approval for a remedy at a site that was previously owned 
         10   by Interlake -- 
         11        A.   Correct.
         12        Q.   -- and operated by Interlake?
         13        A.   Correct. 
         14        Q.   And that was for Interlake?
         15        A.   That was for Interlake.  I'm currently -- 
         16        Q.   No, no question is pending.  
         17        Now, you also testified that you have been involved 
         18   in three or four perc sites?
         19        A.   Yes. 
         20        Q.   And you also testified that one involved dry 
         21   cleaners?
         22        A.   Yes. 
         23        Q.   Is that this case?
         24        A.   No. 
                                                                    445
          1        Q.   Okay.  What case is that?
          2        A.   This and -- 
          3        Q.   Let me rephrase that.  What is your involvement 
          4   in that perc site?
          5        A.   It is a site in Indiana owned by a dry cleaner 
          6   in which there is perc in the groundwater and in the soil 
          7   and we are currently developing a remediation plan for 
          8   that property.
          9        Q.   Are you developing the remediation plan for the 
         10   owner of the property?
         11        A.   Yes. 
         12        Q.   And you are not involved in any perc sites in 
         13   Illinois?
         14        A.   I was involved in one in Illinois.
         15        Q.   Wait, wait.  I'll withdraw that question.
         16        A.   Okay.
         17        Q.   And that site in Indiana was a site that was 
         18   owned by the dry cleaners, correct? 
         19        A.   Yes. 
         20        Q.   Now, you also testified, I believe, that you 
         21   prepared 18 to 20 remedial action plans -- 
         22        A.   Correct.
         23        Q.   -- for various types of sites?
         24        A.   For various types of sites, yes. 
                                                                    446
          1        Q.   All right.  Does that include some of the work 
          2   that you testified you did for Interlake when you say 18 
          3   to 20 remedial action plans -- 
          4        A.   One of them was for Interlake and the rest of 
          5   them were not.
          6        Q.   Okay.  Did -- in the course of preparing -- 
          7   strike that.  
          8        For whom were those remedial action plans, as best 
          9   you can recall, developed?  Were they in those instances 
         10   where they were developed for the property owner?
         11        A.   In most cases, yes.  
         12        Q.   Were there cases in which you developed a 
         13   remedial action plan for someone other than the property 
         14   owner?
         15        A.   That gets complicated.  I prepared remedial 
         16   action plans for a company on property they didn't own, 
         17   but they had previously owned.
         18        Q.   Okay.
         19        A.   Okay.
         20        Q.   That was the only -- 
         21        A.   Yes.
         22        Q.   -- instance in which you prepared a remedial 
         23   action plan for an entity other than the owner of the 
         24   property?
                                                                    447
          1        A.   Based on what I said, yes. 
          2        Q.   Okay.
          3        A.   I mean, they didn't own the property at the 
          4   time.
          5        Q.   But they were a prior owner?
          6        A.   They were prior owners, yes. 
          7        Q.   In those instances in which you developed 
          8   remedial action plans for the owners of contaminated 
          9   properties, let's disregard for the moment the one that 
         10   you developed for the prior property owner, but in those 
         11   instances in which you developed remedial action plans 
         12   for the owners of contaminated properties, were you 
         13   dealing with contamination that had been caused by the 
         14   operation -- by the owner's operation of that property?
         15        A.   That was always alleged, but in some cases, 
         16   probably it was not true.
         17        Q.   So you developed remedial action plans for 
         18   contamination that might have -- that may not have been 
         19   caused by the owner of that property?
         20        A.   No.  On a couple of them, the accusation against
         21   the previous owner was that they caused the contamination 
         22   although they had sold the plant where the contamination 
         23   occurred and the new owners continued to operate the 
         24   facility and so who put it there, how much?  
                                                                    448
          1        Rather than for these people to argue it out, they 
          2   just came up with an agreement on sharing costs and the 
          3   remediation plan was developed by myself and then 
          4   implemented.
          5        Q.   Okay.  Now, in your CV that's been identified as
          6   exhibit -- Respondents' Exhibit I -- 
          7        A.   Yes. 
          8        Q.   -- on Page 5, you have -- going from Page 5 on 
          9   to Page 6, you list various cases in which you have 
         10   provided testimony either at trial or at a -- in a 
         11   deposition, is that correct? 
         12        A.   Well, either one, yes.  
         13        Q.   Okay.  Where you say, quote, "Mr. Krikau has 
         14   testified in court and/or had his deposition taken in the 
         15   following legal proceedings" -- 
         16        A.   Correct.
         17        Q.   Quote, end quote.  
         18        Okay.  In any of those proceedings that you have 
         19   identified here, did your testimony involve the technical 
         20   feasibility or the economic reasonableness of the remedies
         21   sought?  
         22        A.   Yes. 
         23        Q.   Which ones?
         24        A.   Clarification?  
                                                                    449
          1        Q.   Of these seven cases that you have listed here 
          2   in which you either testified or had your deposition 
          3   taken, out of these seven cases, could you identify for 
          4   me which ones -- in which cases did your testimony involve
          5   either the economic reasonableness or the technical 
          6   feasibility of the remedy that was at issue?
          7        A.   For wastewater?  
          8        Q.   Okay.  Well, let's just leave it as -- 
          9        A.   General? 
         10        Q.   Can you just answer my question?
         11        A.   Okay.  All right.  Number one, the Atlantic 
         12   States Legal Foundation, yes. 
         13        Q.   That it did?
         14        A.   Yes, it did.
         15        Q.   Okay.  Why don't we just go through them one 
         16   through seven and then we can go back.
         17        A.   Okay.
         18        Q.   Okay?
         19        A.   Number one, it did.
         20        Q.   Okay.
         21        A.   Number two, it did not.  Number three, it did.  
         22   Number four, it did.  Number five, it did not.  Number 
         23   six -- wait a minute.  Number four, it did not.  Number 
         24   six, it did.  Number seven, it did not.
                                                                    450
          1        Q.   Okay.  So your testimony that you gave related 
          2   to or concerned issues relating to technical feasibility 
          3   and economic reasonableness in cases that you have 
          4   identified in your CV as one, three, and six?
          5        A.   Yes. 
          6        Q.   Is that correct?  
          7        A.   Correct. 
          8        Q.   Okay.  None of these cases are Pollution Control
          9   Board cases, is that correct? 
         10        A.   No.  These were all cases that were in either 
         11   federal court or state court.  I can never say that 
         12   correctly.
         13        Q.   What was the substance of your testimony in case
         14   number one, Atlantic States Legal Foundation versus 
         15   Universal Tool and Stamping? 
         16        A.   Atlantic States Legal Foundation is an 
         17   environmental group that is very, very interested in water
         18   pollution issues.  Universal Tool and Stamping had 
         19   installed a wastewater treatment system and Atlantic 
         20   States didn't think it was adequate.  Within there, the 
         21   testimony was in the Superior Court in Fort Wayne.
         22        Q.   And you -- did you get -- did you testify on 
         23   behalf of Universal Tool and Stamping?
         24        A.   Yes. 
                                                                    451
          1        Q.   And your testimony involved what?  
          2        What was the subject matter of your testimony?
          3        A.   Whether or not the remedy that the Atlantic 
          4   States Legal Foundation wanted to achieve from this 
          5   wastewater treatment plant was reasonable or not and then 
          6   the economics of what they wanted versus what the plant 
          7   had installed.
          8        Q.   All right.  What about the next one, number 
          9   three, Jackson Hurt versus Chrysler Corporation?
         10        A.   Mr. Hurt had contracted with the Chrysler 
         11   Corporation down in Indianapolis to allow them to put -- 
         12   to fill his property with foundary sand.  
         13        As soon as the depression he had on his property was 
         14   filled with foundary sand, he turned around and sued 
         15   Chrysler Corporation wanting a lot of money because he 
         16   felt they had contaminated his property.  
         17        The issue there was, number one, was foundary sand a 
         18   contaminant in Indiana and number two, whether the methods
         19   that Chrysler used for depositing the material into this 
         20   landfill was proper.  
         21        What he was asking for was a substantial cap on the 
         22   property of so many feet thick because he wanted to build 
         23   a housing development on it after he had filled it in and 
         24   whether that cap was technically feasible or economically 
                                                                    452
          1   reasonable for that type of operation.
          2        Q.   But this was a case in which he actually allowed
          3   Chrysler Corporation to deposit foundary sand on his 
          4   property?
          5        A.   Yes, he did.  But then he was asking for more in
          6   the court case.
          7        Q.   And what about PMC versus The Sherwin Williams 
          8   Company? 
          9        MR. RIESER:   You know, I'm going to interpose an
         10   objection.  It's a brief objection.  As much as I enjoy 
         11   hearing about Mr. Krikau's experience and cases, I am 
         12   really beginning to question the relevance in continuing 
         13   in this line of questions.  Mr. Krikau was available for a
         14   deposition earlier.  His expertise was not -- the offering
         15   of his opinions was not objected to.  
         16        I understand and I think we can all raise questions 
         17   about how much he has actually been involved in these
         18   types of issues, but, you know, I think his expertise 
         19   pretty much speaks for itself in his CV.  To spend a huge
         20   amount of time on this doesn't seem to make a lot of sense
         21   to me. 
         22        MR. PODLEWSKI:   I don't believe I'm spending a huge 
         23   amount of time on it and I think I'm entitled to inqure on
         24   cross-examination. 
                                                                    453
          1        HEARING OFFICER KNITTLE:   For what purpose? 
          2        MR. PODLEWSKI:   To find out to what extent he has 
          3   previously testified or given testimony on issues of 
          4   technical feasibility and economic reasonableness of a 
          5   remedy. 
          6        HEARING OFFICER KNITTLE:   And are you attempting to 
          7   impeach his credibility?  I don't understand. 
          8        MR. PODLEWSKI:   I want to find out what the basis --
          9   what the basis of his experience is in giving testimony as
         10   to the economic reasonableness and technical feasibility 
         11   of remedies at sites that have contamination. 
         12        HEARING OFFICER KNITTLE:   I'm inclined to sustain 
         13   the objection.  You've got just one more case to go 
         14   through here? 
         15        MR. PODLEWSKI:   Right. 
         16        HEARING OFFICER KNITTLE:   Okay.  Let's go through
         17   that.  If this line of questioning continues to an 
         18   unnecessary degree, I will sustain the objection. 
         19        MR. RIESER:   Thank you.  
         20   BY MR. PODLEWSKI: 
         21        Q.   Go ahead.  What about the PMC versus The Sherwin
         22   Williams Company case?
         23        A.   Okay.  Sherwin Williams had sold a section of a 
         24   plant on the south side of Chicago to PMC Corporation.  
                                                                    454
          1   PMC, shortly after purchasing the property, sued Sherwin 
          2   Williams, as I understand it -- now, I'm not a lawyer.  
          3   Keep this in mind.  This is my interpretation of what 
          4   happened.  
          5        Anyway, shortly after purchasing the property, PMC 
          6   sued Sherwin Williams for selling them a contaminated 
          7   piece of property.  They had hired a consultant who came 
          8   up with a remedy to remediate the contamination that was 
          9   on the then PMC property.  
         10        I testified on behalf of Sherwin Williams as to the 
         11   technical feasibility and economic reasonableness of the 
         12   remedy that PMC was trying to get Sherwin Williams to 
         13   implement and pay for.
         14        Q.   Now, Mr. Krikau, directing your attention to 
         15   what's been marked as Respondents' Exhibit J, I believe, 
         16   and correct me if I'm wrong, but did you not testify today
         17   that the Martin's of Matteson site cannot be remediated 
         18   to barkground levels?  Was that your testimony?
         19        A.   No. 
         20        Q.   It can be remediated to background levels?
         21        A.   Given enough time, given enough money, you can 
         22   probably do anything.
         23        Q.   And that would be consistent with the first 
         24   sentence that appears on -- in the first full -- excuse 
                                                                    455
          1   me -- the second paragraph of the first page of 
          2   Respondents' Exhibit J in which you state, quote, "The 
          3   site can be remediated to background levels assuming that 
          4   time is not an issue and there is an unlimited amount of 
          5   money available to do remediation," closed quote?  
          6        A.   That's true.
          7        Q.   So really, the remedy that Mr. Persino is 
          8   seeking in this case, which is remediation of property to 
          9   background levels, is technically feasible, is it not?
         10        A.   Given enough time, given enough money, you could
         11   probably reach it, yes. 
         12        Q.   Okay.  Now, let's shift for a minute to the TACO
         13   rules -- our discussion about TACO.  You testified that 
         14   you are intimately familiar with TACO, is that correct? 
         15        A.   If you are in this business, you've got to be --
         16   and work in Illinois, you've got to be familiar with TACO.
         17        Q.   And the TACO rules are often referred to as sort
         18   of a shorthand as the Part 742 rules?
         19        A.   I believe so.  I don't remember the numbers that
         20   way.
         21        Q.   Okay.  Now, you testified that you have used 
         22   TACO to develop remedial objectives at five or six sites, 
         23   is that correct? 
         24        A.   Yes. 
                                                                    456
          1        Q.   Okay.  And did any of those sites involve 
          2   development of remediation objectives under TACO -- strike
          3   that.  
          4        Did you develop remediation objectives under TACO at 
          5   sites on behalf of someone other than the property owner 
          6   of that contaminated site?
          7        A.   In all cases, it was for the property owner or, 
          8   as I defined before, a previous owner of the property.
          9        Q.   But in either case, it was for the party that 
         10   caused the contamination, is that correct? 
         11        A.   I can't go that far because I don't know in a 
         12   lot of cases who caused the contamination.
         13        Q.   Have you ever been involved in the development 
         14   of remediation objectives under TACO in a citizens 
         15   enforcement case like this one where the property owner is
         16   seeking to have cleanup -- is seeking to have -- the 
         17   property owner who is a landlord is seeking to have the 
         18   tenant cleanup the property?
         19        A.   As I said before, I've never had a case like 
         20   this before the Illinois Pollution Control Board.
         21        Q.   All right.  Now, referring your attention or 
         22   directing your attention to Respondents' Exhibit J, I 
         23   don't see anywhere in that document in which you state 
         24   expressly that it is economically unreasonable to 
                                                                    457
          1   implement the remedy that Mr. Persino is seeking in this 
          2   case, is that correct? 
          3        A.   I don't believe I put it in there, no.
          4        Q.   But you are saying that now?
          5        A.   Yes. 
          6        Q.   So has your view of this changed since July of 
          7   this year to the date of this hearing -- 
          8        A.   No. 
          9        Q.   -- as to the economic reasonableness of the 
         10   remedy that Mr. Persino is seeking?
         11        A.   No. 
         12        Q.   But you didn't put it in your letter, did you?
         13        A.   I did not put it in that letter, but I used that
         14   in developing the remedies that I have in the letter.
         15        Q.   Now, in your July 8th letter, you state that 
         16   tenant spaces would have to be unoccupied in order to 
         17   do a remediation that would not involve demolition of the 
         18   buildings.  That would be your SVE and pump and treat 
         19   system, is that correct? 
         20        A.   That's correct. 
         21        Q.   Now, you haven't developed a remedial action 
         22   plan for this site, have you?
         23        A.   No.  In reviewing the Pioneer report, I would 
         24   like to have a lot more information that is not in the 
                                                                    458
          1   Pioneer report in order to write a proper remediation 
          2   plan.
          3        Q.   Right.  And you haven't been asked to do that by
          4   Mr. Rieser or Ms. Martin, have you?
          5        A.   No. 
          6        Q.   Okay.  So the extent of your -- the basis for 
          7   your testimony is reviewing what's been marked as 
          8   Complainant's Exhibit E and reviewing Mr. Persino's 
          9   deposition transcript?
         10        A.   Correct.
         11        Q.   All right.  Now, isn't it possible that with 
         12   respect to an SVE system that wells could be installed 
         13   in such a fashion that they wouldn't interfere with the 
         14   occupancy of the building that's there?
         15        A.   Oh, I said they could in my direct testimony.  I
         16   said it could.
         17        Q.   And that would -- through what mechanism?
         18        A.   Well, as I said, to put in the tubes, as I refer
         19   to them, for an SVE system, you could, you know, bury 
         20   them, tear up the floor, put them in, put the floor back. 
         21   It wouldn't involve demolition of the building, but you 
         22   could bury them if you had to sink any of those extraction
         23   tubes down underneath the building and I don't know that.
         24        Q.   Now, you also, in your letter, state and you 
                                                                    459
          1   have testified consistently today that the Illinois EPA 
          2   and U.S. EPA would never require demolition of the 
          3   building in order to do a cleanup?
          4        A.   No, I did not.
          5        Q.   Oh, you didn't testify to that?
          6        A.   No.  
          7        Q.   Okay.
          8        A.   What I said is in my experience, I have never 
          9   been involved in the case where the U.S. EPA or the 
         10   Illinois EPA required demolition of a building.
         11        Q.   All right.  But this case isn't about what the 
         12   government would require, is it? 
         13        MR. RIESER:   I'm going to object to that as -- I'm 
         14   not -- I'll withdraw it.  Go ahead. 
         15        HEARING OFFICER KNITTLE:   You can answer the
         16   question, sir.
         17   BY THE WITNESS:
         18        A.   Ask me again.
         19   BY MR. PODLEWSKI:
         20        Q.   Is this -- well, let me withdraw that question 
         21   and rephrase it a little differently. 
         22        This case isn't about what the Illinois EPA or the 
         23   U.S. EPA would require with respect to remediation of that
         24   property, isn't that correct?
                                                                    460
          1        A.   I don't think I'm qualified to answer that.  I 
          2   really don't.
          3        Q.   Now, isn't it true -- let me back up for a 
          4   minute.  Strike that question.  
          5        Are you familiar at all with the state of Illinois' 
          6   underground storage tank regulations?
          7        A.   Yes. 
          8        Q.   You have some familiarity with them?
          9        A.   Some familiarity with them, yes. 
         10        Q.   Okay.  You have worked with them before?
         11        A.   Yes. 
         12        Q.   Okay.  And you are familiar with what costs are 
         13   eligible for reimbursement from the underground storage 
         14   tank fund and what costs are ineligible for reimbursement 
         15   from the underground storgage tank fund under that 
         16   program?  
         17        A.   Yes. 
         18        Q.   Okay.  Isn't it true that under the state of 
         19   Illinois' underground storage tank regulations that the 
         20   cost to -- the cost of dismantling and reassembling of 
         21   above-grade structures in response to the release of 
         22   petroleum are eligible for reimbursement from the 
         23   underground storage tank fund if a licensed professional 
         24   engineer certifies that such action is necessary to 
                                                                    461
          1   perform corrective action?
          2        A.   Yes. 
          3        Q.   Doesn't that then acknowledge under some 
          4   circumstances, the Illinois EPA would acknowledge the 
          5   fact that demolition of a structure is necessary in 
          6   order to provide corrective action at a site?  
          7        A.   For petroleum products.
          8        Q.   What's the difference between petroleum products
          9   and perc in terms of contamination?
         10        A.   Nothing, but it's the way you read it.  It was 
         11   specific to petroleum.  Perchlorethylene is not a 
         12   petroleum product.
         13        Q.   Well, your testimony -- well, the fact of the 
         14   matter is is that the Illinois EPA would, in fact, permit 
         15   demolition of a -- in the context of underground storage 
         16   tank cleanup -- demolition of a building in order to 
         17   conduct corrective action, correct? 
         18        A.   I don't know that.  I have never experienced it.
         19        Q.   Okay.
         20        A.   As I said, in my direct testimony, I have never 
         21   been involved or requested on any of the work that I have 
         22   done by either the U.S. EPA or Illinois EPA to demolish a 
         23   building.
         24        Q.   Well, isn't it true that the government 
                                                                    462
          1   acknowledges that sometimes it's necessary to demolish 
          2   structures in order to perform corrective action?
          3        A.   It says what it says.  If that's the rule, it 
          4   says they can.
          5        Q.   So they do, in fact, acknowledge that, the 
          6   Illinois EPA?
          7        A.   I don't think I ever said they didn't 
          8   acknowledge it.
          9        Q.   Okay.  If an owner submitted a remedial action 
         10   plan to the IEPA under the voluntary site remediation 
         11   program that included the demolition of buildings to 
         12   address contamination, would the IEPA disapprove that 
         13   plan?
         14        A.   I don't know.  I have never submitted one that 
         15   included that.
         16        Q.   So you have no experience one way or the other?
         17        A.   No.
         18        Q.   Now -- 
         19        A.   Now --
         20        Q.   There is no question pending.  
         21        You also testified consistent with your letter, which
         22   is Respondents' Exhibit J, that you would not recommend 
         23   that a client demolish existing structures to remediate 
         24   property, is that correct? 
                                                                    463
          1        A.   That's correct. 
          2        Q.   What if your client said I don't care?
          3        A.   That's his decision.
          4        Q.   Okay.
          5        A.   If he wants to demolish the building, that's his
          6   decision.
          7        Q.   Let's go back to TACO for a second.  Are you 
          8   aware of situations in which the use of TACO to derive 
          9   remediation objectives is inappropriate -- let me add one 
         10   thing -- under the TACO rules? 
         11        MR. RIESER:  Could you read that question back for 
me?
         12                       (Whereupon, the requested portion of  
         13                        the record was read accordingly.)
         14   BY THE WITNESS:     
         15        A.   I think I understand your question.  I have 
         16   never run into that.  I don't know how to respond to that.
         17   BY MR. PODLEWSKI:
         18        Q.   Well, you testified that you are familiar with 
         19   TACO, correct? 
         20        A.   Yes. 
         21        Q.   And don't the TACO rules provide that the use of
         22   TACO is to be used in underground storage tank situations,
         23   correct? 
         24        A.   Yes. 
                                                                    464
          1        Q.   And involving RCRA Part B applications?  
          2        A.   Yes. 
          3        Q.   And corrective action under RCRA?
          4        A.   Yes. 
          5        Q.   And also the site remediation -- the voluntary 
          6   site remediation program?
          7        A.   Yes. 
          8        Q.   And that it's -- it's not to be used if you are 
          9   dealing with an imminent and substantial endangerment to 
         10   the environment?
         11        A.   Well, that's the overriding thing that's always 
         12   there in the regulations.
         13        Q.   But don't the regulations provide that?
         14        A.   Yes.  I believe they do. 
         15        HEARING OFFICER KNITTLE:   Is there an objection, 
         16   Mr. Rieser? 
         17        MR. RIESER:   No, no.  
         18   BY MR. PODLEWSKI: 
         19        Q.   So the use of TACO is not appropriate in all 
         20   circumstances to derive cleanup objectives?
         21        A.   I have never run into that.  Since TACO has been
         22   adopted, you are asking me to interpret a regulation and 
         23   I'm -- 
         24        MR. PODLEWSKI:  I ask that that answer be striken as 
                                                                    465
          1   being nonresponsive.  
          2        MR. RIESER:   I don't think it was unresponsive at 
          3   all.  
          4        MR. PODLEWSKI:   Well, I think it was.  I asked him 
          5   whether -- what was my question?  Excuse me.  What was my 
          6   question.  Can you read my question back?
          7                       (Whereupon, the requested portion of  
          8                        the record was read accordingly.)
          9        MR. RIESER:  And his answer was --
         10        MR. PODLEWSKI:   Yes or no.  That required a yes or 
         11   no answer.
         12        HEARING OFFICER KNITTLE:   I don't think his answer 
         13   was unresponsive.  I'm going to deny the motion to strike,
         14   but if you want -- I can direct you to answer the question
         15   again.  If you can answer it with a yes or no, you have to
         16   do so. 
         17        MR. PODLEWSKI:   Let me rephrase the question.
         18   BY MR. PODLEWSKI:
         19        Q.   Under the Part 724 -- strike that.  
         20        Is the use of TACO to derive remediation objectives 
         21   appropriate under all circumstances? 
         22        MR. RIESER:   Asked and answered.  I object to that. 
         23   BY MR. PODLEWSKI: 
         24        Q.   Yes or no. 
                                                                    466
          1        HEARING OFFICER KNITTLE:   I think he has asked and 
          2   answered that, but I'm going to allow him to ask it again 
          3   because I think there's some -- it's a little bit unclear 
          4   as to where we are on this issue. 
          5        Sir, if you can answer that question, please do.   Do
          6   you recall the question? 
          7   BY THE WITNESS: 
          8        A.   The way I can answer is in my experience, the 
          9   answer is no.  
         10   BY MR. PODLEWSKI: 
         11        Q.   Thank you. 
         12        HEARING OFFICER KNITTLE:   Mr. Rieser? 
         13        MR. RIESER:   No.  
         14   BY MR. PODLEWSKI: 
         15        Q.   Mr. Krikau, these cost estimates that you 
         16   testified to this morning and that you have in your 
         17   Respondents' Exhibit J, in your letter, of $700,000 and 
         18   $400,000, I believe is the other figure, the $700,000 is 
         19   for excavation with the pump and treat and the $400,000 
         20   is an SVE system with the pump and treat, is that 
         21   correct? 
         22        A.   That's correct. 
         23        Q.   Okay.  Those are not based upon the development 
         24   of any detailed remediation -- remedial action plan for 
                                                                    467
          1   the property, is that correct? 
          2        A.   No.  I think what I said before was in order to 
          3   do an actual remedial action plan, I would require or need
          4   additional information than that which is provided in the 
          5   Pioneer report.
          6        Q.   If the property were to be remediated to 
          7   residential cleanup objectives under TACO, it wouldn't 
          8   be necessary to implement institutional controls or 
          9   engineered barriers, would it?
         10        A.   If you went to the Tier I levels and you cleaned
         11   up, probably, yes, you would not need institutional 
         12   controls.
         13        Q.   If you cleaned up to Tier I residential levels 
         14   under TACO?
         15        A.   Correct.
         16        Q.   Sorry about the pause.  I just have one other 
         17   question assuming I can formulate it properly.  It's been 
         18   a long three days.  
         19        Mr. Krikau, have you ever, in developing remedial 
         20   action plans, done work for an owner of a property that 
         21   was not responsible for the contamination at that 
         22   property?
         23        A.   No. 
         24        MR. PODLEWSKI:   I have no further questions. 
                                                                    468
          1        HEARING OFFICER KNITTLE:   Do we have a redirect, 
          2   Mr. Rieser? 
          3        MR. RIESER:  Yes.  
          4        HEARING OFFICER KNITTLE:   Is it going to be long?
          5        MR. RIESER:  Well...
          6        HEARING OFFICER KNITTLE:   Let's take a break.
          7                       (Whereupon, after a short break was
          8                        had, the following proceedings were  
          9                        held accordingly.)    
         10        HEARING OFFICER KNITTLE:   We're back on the record 
         11   after a short recess and we are commencing with the 
         12   redirect examination of Mr. Krikau.  
         13        Mr. Krikau, I'm sure you remember from the 200 times 
         14   you have testified before the Illinois Pollution Control 
         15   Board that even though you have had a break, you are still
         16   under oath.
         17           R E D I R E C T     E X A M I N A T I O N
         18                         by Mr. Rieser
         19        Q.   Mr. Krikau, Mr. Podlewski asked you some 
         20   questions regarding the Illinois Environmental Protection 
         21   Agency's handling of reimbursement for costs of the 
         22   underground storage tank programs.  Do you recall that?
         23        A.   Yes. 
         24        Q.   You are aware, aren't you -- are you aware of 
                                                                    469
          1   whether or not the Pollution Control Board has adopted 
          2   regulations with respect to underground storage tanks 
          3   which include sections on eligible costs?
          4        A.   Yes. 
          5        Q.   Those rules are called Part 732 regulations?
          6        A.   I believe so, yes.
          7        Q.   Okay.  Directing your attention to Section 
          8   732.605.18, I will point you to what I think Mr. Podlewski
          9   was referring to in that it says, quote, "The destruction 
         10   or dismantling and reassembly of above-grade structures in
         11   response to a release of petroleum if such activity has 
         12   been certified as necessary to the performance of 
         13   corrective action by a licensed professional engineer."  
         14   Do you see that?
         15        A.   Yes. 
         16        Q.   And do you see that it's identified as being in 
         17   Section 732.605, which is entitled, "Eligible Costs"?
         18        A.   Yes. 
         19        Q.   Would you -- you are a licensed professional 
         20   engineer, correct? 
         21        A.   Yes.
         22        Q.   Would you, as a licensed professional engineer, 
         23   certify that the destruction or dismantling and reassembly
         24   of above-grade structures in response to release, in this 
                                                                    470
          1   case perc, is necessary to the performance of corrective 
          2   action at this site?
          3        A.   I don't believe it's necessary, no.
          4        Q.   So you would not certify that?
          5        A.   I would not certify that.
          6        Q.   Are you aware whether the IEPA and the 
          7   administration of its underground storage tanks has any 
          8   limitations in how they implement that reimbursement 
          9   allowance?
         10        A.   I have never run into it, so I don't know.
         11        Q.   Mr. Podlewski also asked about the limits of 
         12   applicability of the TACO regulations.  Do you recall 
         13   those questions?
         14        A.   Yes. 
         15        Q.   As you said, the TACO regulations are contained 
         16   in Part 742 of the Pollution Control Board's regulations, 
         17   correct?
         18        A.   Yes.  
         19        Q.   Part 742.105 is the section entitled, 
         20   "Applicability," correct? 
         21        A.   Yes.
         22                       (Whereupon, Mr. James Harrington      
         23                        entered the proceedings.)
         24   BY MR. RIESER:
                                                                    471
          1        Q.   Directing your attention to 742.105(b), it 
          2   states, "This part is to be used in conjunction with the 
          3   procedures and the requirements applicable to the 
          4   following programs:  One, leaking underground storage 
          5   tanks; two, site remediation program; and three, RCRA 
          6   Part B permits and closure plans."  Do you see that?
          7        A.   Yes. 
          8        Q.   Is there anything about what you know about 
          9   this site that under that subsection would preclude the 
         10   application of TACO to the Martin site?
         11        A.   No.  I believe TACO is applicable to the Martin 
         12   site.
         13        Q.   Okay.  Section 742.105(c) says, and I quote, 
         14   "The procedures in this part may not be used if their use 
         15   would delay the response action to address imminent and 
         16   substantial threats to human health and the environment.  
         17   This part may only be used after actions to address such 
         18   threats have been completed."  Do you see that, sir? 
         19        A.   Yes.
         20        Q.   Is there anything that you know about the Martin
         21   site that would preclude the application of TACO based on 
         22   that language in the regulations? 
         23        MR. PODLEWSKI:   I'm going to object to that because 
         24   I don't think he's qualified to state whether or not there
                                                                    472
          1   is an imminent or substantial endangerment to the 
          2   property.  
          3        MR. RIESER:   He was asked on cross-examination 
          4   whether -- especially because of this, the TACO rules may 
          5   be inapplicable under certain situations.  He testified 
          6   regarding his knowledge of the site based on the Pioneer 
          7   report, and I think he is certainly qualified to respond 
          8   to Mr. Podlewski's cross-examination question as to the 
          9   applicability or inapplicability of TACO here, and he is 
         10   entitled on redirect to clarify and expand upon that 
         11   answer and direct it based on his knowledge of the site. 
         12        MR. PODLEWSKI:  Based -- if I may?
         13        HEARING OFFICER KNITTLE:   You may.
         14        MR. PODLEWSKI:   I never asked Mr. Krikau if the 
         15   conditions of the property constituted imminent and 
         16   substantial danger to human health or safety to the 
         17   environment.  I simply asked him about those conditions in
         18   which TACO would be appropriate or inappropriate.  I 
         19   didn't ask him specifically with respect to this site 
         20   because he is not qualified to give that opinion. 
         21        HEARING OFFICER KNITTLE:   I'm going to overrule the 
         22   objection, but his answer is, of course, limited to his 
         23   knowledge of the site, which was based as far as I know 
         24   strictly on the Pioneer report. 
                                                                    473
          1        MR. RIESER:   Go ahead.
          2   BY THE WITNESS:
          3        A.   I don't see anything there that would preclude 
          4   the use of TACO on the property.  
          5   BY MR. RIESER: 
          6        Q.   In anything else you know about TACO or the 
          7   property, is there anything that you are aware of that 
          8   would preclude the application of TACO to this property?
          9        A.   Nothing that I'm aware of.
         10        Q.   You were asked by Mr. Podlewski a series of 
         11   questions as to whether you performed certain work for 
         12   a site owner or for another part.  Do you recall those 
         13   questions?
         14        A.   Yes. 
         15        Q.   Do you believe that an opinion as to technical 
         16   feasibility changes depending on whether you are providing
         17   that opinion on behalf of the site owner or on behalf of 
         18   someone else?
         19        A.   From a technical standpoint, no.  It doesn't 
         20   make any difference.  We deal with the contamination of 
         21   the property.  That's what we look at.
         22        Q.   You are developing technical remedial strategies
         23   in response to that contamination?
         24        A.   Yes. 
                                                                    474
          1        Q.   You were also asked about a statement in your 
          2   letter, which is Exhibit J, and you were questioned 
          3   about whether that constituted an opinion as to whether 
          4   remediating to background levels is technically feasible. 
          5   I think the sentence was the first sentence of your second
          6   paragraph saying the site can be remediated to background 
          7   levels assuming time is not an issue and there is an 
          8   unlimited amount of money available to do the remediation.
          9   Do you recall that?
         10        A.   Yes. 
         11        Q.   Is a task which requires an unlimited amount 
         12   of money and an unlimited amount of time to be completed 
         13   technically feasible? 
         14        MR. PODLEWSKI:   Objection.  There is no testimony 
         15   that this -- that this mediation that Mr. Krikau has 
         16   discussed thus far either takes an unlimited amount of 
         17   money or an unlimited amount of time.  As a matter of 
         18   fact, his testimony on Exhibit J says quite the contrary. 
         19        HEARING OFFICER KNITTLE:   Mr. Rieser? 
         20        MR. RIESER:   I think that was exactly the point of 
         21   Mr. Podlewski's question.  I think the board is entitled 
         22   to know how Mr. Krikau defines feasibility. 
         23        HEARING OFFICER KNITTLE:   Anything further? 
         24        MR. PODLEWSKI:  He has already testified -- he has 
                                                                    475
          1   already testified that it's not technically feasible to 
          2   conduct the remediation of the property to background 
          3   concentrations.  I don't see what --
          4        HEARING OFFICER KNITTLE:   I'm going to overrule.  I 
          5   think he has testified to that effect, but I would like 
          6   to know his definition of technical feasibiltiy.  Do you 
          7   remember the question, sir? 
          8        THE WITNESS:  Yes.
          9        HEARING OFFICER KNITTLE:   You can answer. 
         10   BY THE WITNESS: 
         11        A.   In my opinion, to institute a remediation given 
         12   enough time and enough money that may go into infinity is 
         13   technically not feasible.  
         14        HEARING OFFICER KNITTLE:   Thank you.  
         15        MR. RIESER:   I have nothing further. 
         16        HEARING OFFICER KNITTLE:   Recross? 
         17        MR. PODLEWSKI:   Sure.  
         18             R E C R O S S - E X A M I N A T I O N
         19                        by Mr. Podlewski
         20        Q.   Now, Mr. Krikau, you testified on redirect that 
         21   nothing precludes the use of TACO to develop remediation 
         22   objectives at the property, is that correct? 
         23        A.   That's correct. 
         24        Q.   Okay.  Now, Mr. Krikau, directing your attention
                                                                    476
          1   to Section 742.105(b) of the TACO regulations, it 
          2   describes situations under which TACO is to be used, is 
          3   that correct? 
          4        A.   Yes. 
          5        Q.   To derive cleanup objectives?
          6        A.   Yes. 
          7        Q.   Okay.  The first situation is if you are dealing
          8   with an underground storage tank release, is that 
          9   correct? 
         10        A.   Yes. 
         11        Q.   Are we dealing with an underground storage tank 
         12   release here?
         13        A.   I don't believe so.
         14        Q.   All right.  The third situation is when you are 
         15   dealing with a RCRA Part B application and a closure plan 
         16   under RCRA, is that correct? 
         17        A.   That's correct. 
         18        Q.   And are we dealing with either of those 
         19   situations, here?
         20        A.   Not under a Part B RCRA permit, no.
         21        Q.   And are we dealing with a RCRA closure plan?  
         22        A.   We're not dealing with a RCRA closure plan. 
         23        Q.   All right.  And the third situation is if you 
         24   are dealing with remediation under the site remediation 
                                                                    477
          1   program, is that correct? 
          2        A.   That's correct. 
          3        Q.   That's called a voluntary site remediation 
          4   program, is that correct? 
          5        A.   Yes. 
          6        Q.   And that's a voluntary program, is that 
          7   correct? 
          8        A.   It says it's voluntary.  That's the word. 
          9        Q.   So would it be appropriate to use that to 
         10   derive cleanup objectives in a situation where cleanup was
         11   compelled by a board order and not voluntary?  If you 
         12   don't know, you can answer you don't know.  
         13        A.   I don't know that.
         14        Q.   Now, Mr. Krikau, you testified that you reviewed
         15   the September 10, 1996, Pioneer report in developing your 
         16   opinions in this case?
         17        A.   Yes. 
         18        Q.   Okay.  And you are familiar with the condition 
         19   of soil and groundwater of the property as reported in 
         20   that report?
         21        A.   Yes. 
         22        Q.   Okay.  And isn't it correct to state that 
         23   concentrations as high as 300,000 parts per billion of 
         24   perchlorethylene have been found in the groundwater of the
                                                                    478
          1   property?
          2        A.   I believe that's what the report says.
          3        Q.   And that's -- and it's your opinion that that 
          4   condition does not present an imminent and substantial 
          5   danger to the environment?
          6        A.   I need some time to think about that and develop
          7   that answer.
          8        Q.   So your answer is you don't know?
          9        A.   I don't know at this point.
         10        Q.   But if it did, the use of TACO would not be 
         11   appropriate to develop cleanup objectives under the TACO 
         12   rules, is that correct? 
         13        A.   Until I do the work required, I don't know the 
         14   answer to that.
         15        Q.   Now, Mr. Krikau, directing your attention to 
         16   Exhibit J, Respondents' Exhibit J, this, in your opinion 
         17   -- strike that.  
         18        In this exhibit, you do not opine that in order to 
         19   remediate the property to background concentrations, it 
         20   would take forever and would cost an unlimited amount of 
         21   money, is that correct? 
         22        A.   Ask me that again, please. 
         23        MR. PODLEWSKI:   Would you read that question back?
         24                       (Whereupon, the requested portion of  
                                                                    479
          1                        the record was read accordingly.)
          2   BY THE WITNESS: 
          3        A.   I don't believe that's correct.  My sentence 
          4   says that the site can be remediated to background levels 
          5   assuming that time is not an issue and there is an 
          6   unlimited amount of money available to do the remediation.
          7   BY MR. PODLEWSKI:
          8        Q.   But you also -- you also estimate that the cost 
          9   to do remediation, if you are talking about excavation and
         10   pump and treat, is $700,000, and the cost to do a 
         11   remediation if it's an installation of an SVE system 
         12   and a pump and treatment would cost $400,000, correct? 
         13        A.   Yes. 
         14        MR. PODLEWSKI:   I don't have any further questions. 
         15        HEARING OFFICER KNITTLE:   All right.  Do you have 
         16   any re-redirect, Mr. Rieser?  
         17        MR. RIESER:  Yes.
         18         R E - R E D I R E C T    E X A M I N A T I O N 
         19                         by Mr. Rieser
         20        Q.   If you did the remediation -- implemented the 
         21   remediation strategies that you described both in your 
         22   letter and as you have testified here today, could you be 
         23   assured that you would achieve background levels in soil 
         24   and groundwater?
                                                                    480
          1        A.   Given enough time and money, maybe.
          2        Q.   What do you mean by that?
          3        A.   Well, number one, I need a lot more information 
          4   than what was in the Pioneer report to come up with 
          5   something better than that.
          6        Q.   What else?
          7        A.   I would have to sit down and write a corrective 
          8   action plan, which would take considerable effort to do.  
          9   I would have to know the status of the buildings and 
         10   things of that nature. 
         11        MR. RIESER:   Thank you.  I have nothing further. 
         12        MR. PODLEWSKI:   I have nothing more. 
         13        HEARING OFFICER KNITTLE:   No re-recross? 
         14        MR. PODLEWSKI:   No. 
         15        HEARING OFFICER KNITTLE:   Thank you.  You can step 
         16   down.  
         17                       (Whereupon, after a lunch break was
         18                        had, the following proceedings were  
         19                        held accordingly.)    
         20        HEARING OFFICER KNITTLE:   We are back on the record
         21   after a lunch break.  
         22        Mr. Rieser, have you concluded your case-in-chief? 
         23        MR. RIESER:   Yes, I have. 
         24        HEARING OFFICER KNITTLE:   We don't have any exhibits
                                                                    481
          1   or anything that you have to offer, I don't think? 
          2        MR. RIESER:   I think everything has been offered 
          3   and has been -- 
          4        THE COURT:  I just have Respondents' I and J that 
          5   were offered today. 
          6        MR. RIESER:   And I thought we -- at the end of 
          7   the -- if I didn't move for their admission, I will do so 
          8   now.  I believe they are both --
          9        HEARING OFFICER KNITTLE:   No.  They have both been 
         10   admitted.  That is correct.  
         11        MR. RIESER:  That's what I thought.
         12        HEARING OFFICER KNITTLE:  There is nothing else? 
         13        MR. RIESER:   No. 
         14        HEARING OFFICER KNITTLE:  Let's then move to -- you 
         15   have a case in rebuttal, I take it? 
         16        MR. PODLEWSKI:   I do, Mr. Hearing Officer.  
         17        HEARING OFFICER KNITTLE:   Your witness. 
         18        MR. PODLEWSKI:   In rebuttal, we will call Michael 
         19   Perkins.
         20        HEARING OFFICER KNITTLE:  Will you swear him in?
         21   You've already been sworn, but I'm going to have you sworn
         22   in again.
         23                            (Witness sworn.)
         24
                                                                    482
          1   WHEREUPON:
          2                M I C H A E L    P E R K I N S , 
          3   called as a witness herein, having been first duly sworn, 
          4   deposeth and saith as follows:
          5            R E B U T T A L   E X A M I N A T I O N
          6                        by Mr. Podlewski
          7        Q.   Mr. Perkins, were you present at this hearing 
          8   yesterday to hear Mr. Pyles' testimony regarding Pioneer's
          9   use of hand augers to construct boreholes for the 
         10   installation of groundwater monitoring wells? 
         11        A.   Yes, I was.
         12                       (Whereupon, Marilee McFawn entered the
         13                        proceedings.)
         14   BY MR. PODLEWSKI:
         15        Q.   All right.  Do you agree with his testimony that
         16   the use of hand augers is not an appropriate methodology 
         17   for the construction of boreholes for the installation of 
         18   groundwater monitoring wells for the property?
         19        A.   No, I don't.
         20        Q.   And why do you disagree?
         21        A.   Well, because in some -- in many instances, the 
         22   use of hand augers is an acceptable methodology.  The U.S.
         23   EPA has designated that it's an acceptable methodology.  
         24   Sometimes it's the only method that you can use.
                                                                    483
          1        Q.   When you say U.S. EPA methodology, what are you 
          2   referring to?
          3        A.   I'm referring to the document "Handbook of 
          4   Suggested Practices for the Design and Installation of 
          5   Groundwater Monitoring Wells."
          6        Q.   Is that the document marked as Complainant's 
          7   Exhibit T?
          8        A.   Yes. 
          9        Q.   Now, in that document, I'm directing your 
         10   attention to Section 4, Page 5.  Actually, it's Page 35 
         11   and not Page 5.  It's Section 4, Page 35.  
         12        A.   Yes.  Okay.
         13        Q.   And do you see in the left-hand column the 
         14   paragraph that begins with generally?
         15        A.   Yes, I do. 
         16        Q.   And that paragraph begins with the sentence, 
         17   quote, "Generally, the borehole cannot be advanced below 
         18   the water table because the borehole collapses," close 
         19   quote?
         20        A.   Yes, I do.
         21        Q.   And does that relate to the use of hand augers?
         22        A.   Yes, it does. 
         23        Q.   Now, do you agree with that statement that's 
         24   found -- that I just read to you out of Exhibit T?
                                                                    484
          1        A.   I generally agree with it because it -- in many 
          2   cases when you are dealing with certain types of
          3   sediments, the borehole will collapse especially in soil 
          4   such as sands or gravel.  They generally collapse within 
          5   the well bore when they are in wet conditions.  However, 
          6   at this site, which is a silty clay, which is a cohesive 
          7   soil, it will generally hold its shape within the 
          8   saturated zone.  
          9        Q.   So that statement that generally the borehole 
         10   cannot be advanced below the water table because the 
         11   borehole collapses is correct, but the use of a hand auger
         12   is appropriate for soils with a clay-type matrix, is that 
         13   correct? 
         14        A.   Yes, it is. 
         15        Q.   Am I using the right type of terminology?
         16        A.   Clay matrix, yes. 
         17        Q.   Mr. Perkins, if a hand auger with a diameter of 
         18   three and a quarter to three and a half inches is used to 
         19   install a groundwater monitoring well with a casing 
         20   diameter of two inches or less, what would be the annular 
         21   space?
         22        A.   Probably five-eighths of an inch or somewhere in
         23   that range.
         24        Q.   If the U.S. EPA acknowledges in Exhibit T that a
                                                                    485
          1   hand auger may be used to install a groundwater monitoring
          2   well with a casing diameter of two inches, what does that 
          3   say about the U.S. EPA's position regarding such a small 
          4   annular space?
          5        A.   Well, I can't really speak for them, but in my 
          6   opinion, the way I read it is that it is acceptable for 
          7   the installation of a monitoring well.  Otherwise, they 
          8   would not, you know, make this an acceptable methodology.
          9        Q.   The use of hand augers?
         10        A.   The use of hand augers, yes. 
         11        Q.   Now, Mr. Perkins, you will note on the face page
         12   of Complaint's Exhibit T, if I could refer your attention 
         13   to that.
         14        A.   Yes. 
         15        Q.   This is a March 19, 1991, document?
         16        A.   That's correct. 
         17        Q.   Is this document -- has this document been 
         18   revised since March 1991?
         19        A.   Yes, it has.  When we received this document, 
         20   handwritten up in the corner near the date was REV and 
         21   that indicated that it had been revised.
         22        Q.   Okay.  This document -- you keep this document 
         23   in your office?
         24        A.   Yes, I do.
                                                                    486
          1        Q.   And you rely upon this document in the course of
          2   your work as a hydrogeologist?
          3        A.   Yes, I do.
          4        Q.   And is this an authoritative document relating 
          5   to suggested practices for design and installation of 
          6   groundwater monitoring wells?
          7        A.   In my opinion, it is.
          8        Q.   Has the U.S. EPA's position regarding the use of
          9   hand augers to drill boreholes for groundwater monitoring 
         10   wells changed since 1991?
         11        A.   Not to my knowledge.
         12        Q.   Did you hear Mr. Pyles' testimony yesterday that
         13   the use of a hand auger is acceptable to construct a 
         14   borehole only if a well casing is used?
         15        A.   Yes, I did.
         16        Q.   Do you agree with that statement?
         17        A.   Not necessarily, no.  I don't see how it is 
         18   possible.  I'm not aware of any situation where you use 
         19   your hand auger to create a hole.  That hole is of a 
         20   certain size.  If you run a casing down behind it, then it
         21   has to be either the same size or smaller than the auger 
         22   itself.  If that's the case, how would you pull it out or 
         23   how would you put in the next, you know, to go deeper once
         24   that casing is in?
                                                                    487
          1        Q.   It would be difficult if not impossible to do 
          2   so?
          3        A.   Based on my knowledge, yes. 
          4        Q.   Now, Mr. Perkins, when you say pull it out, are 
          5   you talking about the auger?
          6        A.   The auger itself.  Can I make one statement 
          7   here?  There is -- I am aware of one method that you can 
          8   use.  However, I'm not sure how you could do it and 
          9   install a monitoring well and that would be to put your 
         10   casing in there and bring in a smaller auger.  You would 
         11   go down through that and put in a smaller casing.  Then go
         12   down through that.  By the time you get down, you couldn't
         13   put in a two-inch monitoring well.
         14        Q.   Mr. Perkins, is it true that some soil is going 
         15   to be pushed down a borehole during well construction no 
         16   matter what kind of drilling technique is used?
         17        A.   I would say so, yes. 
         18        Q.   All right.  Mr. Perkins, I'm going to direct 
         19   your attention -- you have it in front of you -- to what 
         20   has been marked as Complainant's Exhibit E.
         21        A.   Yes. 
         22        Q.   I would like for you to take a look at first is 
         23   Figure 2 of that exhibit.
         24        A.   Okay.
                                                                    488
          1        Q.   All right.  I would like you to note on Figure 2
          2   the location of boring B-12/Monitoring Well 5?
          3        A.   Okay.
          4        Q.   Do you find that?
          5        A.   Yes, I have.
          6        Q.   What does the designation B-12/MW-5 mean?
          7        A.   B-12 stands for the boring -- the number of the 
          8   soil boring and MW-5 is the monitoring well designation 
          9   that was installed within that boring.
         10        Q.   Okay.  Do you know whether -- strike that.  MW-5
         11   was constructed with a hand auger, is that correct? 
         12        A.   That's correct. 
         13        Q.   And the well diameter was two inches?
         14        A.   That's correct. 
         15        Q.   Now, I would like you to direct your attention 
         16   to the soil sampling results from boring B-12, which is 
         17   found at Table No. 1 of three of this Exhibit E.
         18        A.   Table 1 of three, yes. 
         19        Q.   Three of three.
         20        A.   Oh, three of three.  Okay.
         21        Q.   The soil sampling results from boring B-12, do 
         22   you see that?
         23        A.   Yes, I do.
         24        Q.   And the sampling date was?
                                                                    489
          1        A.   4/23/96 and 4/24/96.  
          2        Q.   All right.  And at what sample -- at what soil 
          3   interval was the sample from B-12 taken?
          4        A.   From 2.5 feet to five feet in-depth.
          5        Q.   What were the results for perchlorethylene at 
          6   that interval?  
          7        A.   No perchlorethylene was detected.
          8        Q.   So it was non-detect?  
          9        A.   Non-detect.
         10        Q.   Now, I direct your attention on the same exhibit
         11   to Table No. 2, two of four.
         12        A.   Okay. 
         13        Q.   And does that table contain results from 
         14   monitoring well five?
         15        A.   Yes, it does. 
         16        Q.   Okay.  Monitoring well five was the monitoring 
         17   well that was installed in boring B-12?
         18        A.   That's correct. 
         19        Q.   And what were the groundwater sampling results?
         20        A.   Tetrachlorethylene or perchlorethylene had 
         21   16,000 parts per billion.
         22        Q.   Okay.  Is that result consistent with the theory
         23   that contamination detected in the groundwater at the 
         24   property is attributable to contaminated soil being pushed
                                                                    490
          1   down boreholes during well construction?
          2        A.   It would indicate that the -- since there was 
          3   no contamination shollow, it would indicate that the 
          4   groundwater was impacted or that the source was not from 
          5   shollow or up the borehole.
          6        Q.   What does that say about the well construction, 
          7   if anything?
          8        A.   It implies that it was constructed properly.
          9        Q.   Mr. Perkins, did you hear Mr. Pyles use the term
         10   representative groundwater yesterday?
         11        A.   Yes, I did.
         12        Q.   And what does that mean to you?
         13        A.   Representative groundwater is -- I'm not sure 
         14   I really understood his term because groundwater, by 
         15   definition, is greater than one atmosphere -- exhibits 
         16   an internal pressure greater than one atmosphere.  Whether
         17   it's part of the year or the whole year, if it exhibits 
         18   that characteristic, it's groundwater.
         19        Q.   When -- you said over the whole year?
         20        A.   Yes.  If it's there for part of the year or the 
         21   whole year.
         22        Q.   Is that called the intermittent nature of the 
         23   groundwater?
         24        A.   If it's there only part of the year, it's 
                                                                    491
          1   intermittent.
          2        Q.   If groundwater at the site is intermittent, is 
          3   it any less groundwater?
          4        A.   In my opinion, no.
          5        Q.   Does the absence in the Pioneer reports of any 
          6   discussion of meteorological conditions during a sampling 
          7   event have any significance?
          8        A.   Very little at this site.  The reason for that 
          9   is because the site is covered by a parking lot and by the
         10   concrete floor of the building.  There would be very 
         11   little potential for any storm water to enter the soil 
         12   itself.  It would run off first.
         13        Q.   Now, Mr. Perkins, on the exhibits that you have 
         14   there, if you could pull out Complainant's Exhibit J, it 
         15   should be a chain of custody form.
         16        A.   I'll get to it eventually here.  I think this is
         17   it.  No.  That's K.  J, here we go.
         18        Q.   All right.  Mr. Perkins, did you hear Mr. 
 Pyles' 
         19   testimony yesterday about the use of field blanks?
         20        A.   Yes, I did. 
         21        Q.   Directing your attention to Complainant's 
         22   Exhibit J, which is -- well, what is Complainant's Exhibit
         23   J?
         24        A.   It appears to be a chain of custody for 
                                                                    492
          1   groundwater samples that were taken on 4/24/96.
          2        Q.   And this is a group exhibit, correct? 
          3        A.   Define group.
          4        Q.   Group exhibit means there is more than one page 
          5   to this exhibit.
          6        A.   That is correct.
          7        Q.   And the first two pages relate to groundwater 
          8   samples that were taken on 4/24/96?
          9        A.   Yes. 
         10        Q.   Okay.  Doesn't -- does this exhibit indicate 
         11   that a field blank was used during April 24, 1996, 
         12   groundwater sampling event?
         13        A.   Yes, it does. 
         14        Q.   Now, again, directing your attention back to 
         15   Exhibit E, if I can have this for a moment.
         16        A.   Sure.
         17        Q.   Mr. Perkins, I'm directing your attention to a 
         18   page in Complainant's Exhibit E, one of the laboratory 
         19   report sheets.  Can you identify on the record what sheet 
         20   I'm directing your attention to?
         21        A.   Yes.  This is the field blank that was taken on 
         22   4/25/96 --  well, the receive date was 4/25/96.  This is 
         23   the analytical report from Synergic Analytics.  
         24        Q.   And does it indicate on that form that the 
                                                                    493
          1   sampling date was 4/24/96?
          2        A.   Yes, it does. 
          3        Q.   Does that appear to be the analytical report 
          4   relating to the field blank that was -- that is also 
          5   referenced on Complainant's Exhibit J?
          6        A.   It appears to be, yes.
          7        Q.   Okay.  And what did that field blank show?
          8        A.   That nothing was -- none of the chemicals 
          9   analyzed there were detected.
         10        Q.   Okay.  Now, directing your attention back to 
         11   Complainant's Exhibit J, which is the chain of custody 
         12   form, that form indicates that a sample was sent to the 
         13   lab from monitoring well one, correct?
         14        A.   Yes, it does. 
         15        Q.   A groundwater sample?
         16        A.   Yes. 
         17        Q.   Okay.  Now, going back to Complainant's Exhibit 
         18   E, if you go to the next page following the analytical 
         19   report on the field blank, which is the page you just 
         20   testified about?
         21        A.   Yes. 
         22        Q.   Can you identify what that is?
         23        A.   That's a sample analysis for the groundwater 
         24   sample from MW-1 collected on 4/24/96.
                                                                    494
          1        Q.   And what were the sampling results?
          2        A.   The results on that indicated 310,000 parts per 
          3   billion of techtrachlorethylene or perchlor. 
          4        Q.   What do these sample results indicate to you?
          5        A.   It indicates that the decontamination procedures
          6   followed by Jeff McClelland of Pioneer were effective.
          7        Q.   Does that suggest anything with respect to the 
          8   construction of monitoring well one?
          9        A.   It also suggests -- actually, no, it doesn't.  
         10   It just makes the suggestion that the decon materials 
         11   between -- after this sample was collected and the field 
         12   blank, that it was followed properly, that your 
         13   decontamination procedures were followed.
         14        Q.   Mr. Perkins, does the fact that better 
         15   procedures could possibly have been used to construct, 
         16   develop and sample the groundwater wells at the property 
         17   alter in any way your opinion that you have given in this 
         18   case that the groundwater samples obtained from Pioneer 
         19   from the property in April, May, and June of 1996 were 
         20   representative samples of the groundwater?
         21        A.   Actually, it provides a little more definition 
         22   in the fact that we did have some quality control, but as 
         23   to alter my opinion as to whether they were 
         24   representative, no, it does not.
                                                                    495
          1        MR. PODLEWSKI:  I have no further questions. 
          2        HEARING OFFICER KNITTLE:   Cross-examination? 
          3        MR. RIESER:   Sure.  
          4        MR. PODLEWSKI:  Although at this time, I would move 
          5   that Complainant's Exhibit T be admitted into evidence.  
          6   It was identified before, but it was never moved. 
          7        HEARING OFFICER KNITTLE:   Correct.  Is there any 
          8   objection to that?  
          9        MR. RIESER:   No. 
         10        HEARING OFFICER KNITTLE:  That will be admitted.  
         11               C R O S S - E X A M I N A T I O N
         12                         by Mr. Rieser
         13        Q.   Mr. Perkins, looking at Exhibit J, I think you 
         14   testified that the -- I'm sorry.  
         15        Looking at Exhibit J and Exhibit E, i.e., the chain 
         16   of custody, showing what samples were delivered to the lab
         17   and the field blank, correct, you testified about that?
         18        A.   Yes, I did.
         19        Q.   Okay.  And it was your testimony that the fact 
         20   that the field blank had non-detect and the fact that the 
         21   sample from MW-1 showed a high level of contamination gave
         22   you a feeling of confidence that the decontamination 
         23   procedures used by Pioneer, or whatever they were, were 
         24   followed, is that correct? 
                                                                    496
          1        A.   That's correct. 
          2        Q.   Do you know whether the field blank was taken 
          3   before or after the sample -- I'm sorry -- the sample from
          4   MW-1?
          5        A.   To be honest with you, no, I do not.
          6        Q.   And no sampling from MW-4 -- the sample from 
          7   MW-4 that was taken was held and then analyzed, correct?
          8        A.   That's correct. 
          9        Q.   So no field blanks were taken for any of the 
         10   other sampling events that occurred, correct? 
         11        A.   That's correct. 
         12        Q.   So on April 26, 1996, there was no field blank, 
         13   correct? 
         14        A.   It appears to be that way, yes. 
         15        Q.   Okay.  And on the sampling results on Exhibit K 
         16   for May 17th, there was no field blank, correct? 
         17        A.   May 17th?
         18        Q.   That's on Exhibit K.  It should be somewhere on 
         19   that pile.
         20        A.   That's correct.
         21        Q.   And on June 25, 1996, there was no field blank, 
         22   correct? 
         23        A.   That's correct. 
         24        Q.   So whatever level of confidence you derived 
                                                                    497
          1   from seeing field blank results for April 24th, you can't 
          2   derive that same level of confidence for the other 
          3   sampling events, correct?
          4        A.   That's correct. 
          5        Q.   All right.  And since we don't know whether the 
          6   field blank was taken before or after the sample from 
          7   MW-1, it really doesn't tell us very much about whether 
          8   your decontamination policies were followed or not?
          9        A.   The field blank is generally taken after the 
         10   first sampling event as a standard procedure, but I do 
         11   not know whether they performed it before or after.
         12        Q.   So going back to the question I asked you, 
         13   the answer is we don't know whether the decontamination 
         14   procedures were followed or not?
         15        A.   The fact that they came back with a field blank,
         16   whatever procedures that they did, if they followed the 
         17   standard procedures, the field blank indicates that their 
         18   procedures were followed.
         19        Q.   Okay.  The fact that they -- if they took the 
         20   field blank before they took contaminated samples, we 
         21   don't know what it says in terms of decontaminating that 
         22   bailer after they took the contaminated sample, correct? 
         23        A.   Correct.  I would say if they didn't follow 
         24   standard procedures, which I'm not aware of, that would be
                                                                    498
          1   correct.
          2        Q.   You also talked about the absence of meteorology
          3   and not having an impact on the site because it's covered 
          4   by a parking lot and a building, is that correct? 
          5        A.   That's correct. 
          6        Q.   Have you been to the site?
          7        A.   I've only -- no.
          8        Q.   Okay.  But you have looked at the site diagrams 
          9   that are contained in the Pioneer reports, correct?
         10        A.   Correct. 
         11        Q.   And you will agree with me that that site has 
         12   several storm sewers on it?
         13        A.   Yes. 
         14        Q.   Storm sewers can carry water from precipitation 
         15   events under the parking lots?
         16        A.   Yes, that's correct. 
         17        Q.   And into the ground from the storm sewers 
         18   themselves?
         19        A.   If they leak.
         20        Q.   If they leak?
         21        A.   Yes.
         22        Q.   Are you aware that storm sewers leak from time 
         23   to time?
         24        A.   From time to time.
                                                                    499
          1        Q.   All right.  Now, you talked about the results of
          2   boring B-12 and comparing that to the results from the 
          3   monitoring well that was developed from the boring.  Do 
          4   you recall that?
          5        A.   That's correct, yes.
          6        Q.   And it was your opinion, I believe, that that 
          7   showed that the potential for carrying down in that boring
          8   was not likely because the soil boring had shown 
          9   non-detect, but the groundwater showed contamination, 
         10   correct? 
         11        A.   Correct. 
         12        Q.   Now, the sample from MW-5 was taken on April 
         13   26th, correct? 
         14        A.   MW-5, yes.  One sample was collected on 4/26.
         15        Q.   On that same date, samples were taken if you 
         16   turn to Table 2 on Exhibit E?
         17        A.   Table 2.  What appendix is that? 
         18        MR. PODLEWSKI:   It's not an appendix.  It's a 
         19   table. 
         20   BY THE WITNESS: 
         21        A.   Oh, right.  I've got you.  Table 2 of three?
         22   BY MR. RIESER:
         23        Q.   Table 2 of 4.
         24        A.   Okay. 
                                                                    500
          1        Q.   On the date that sample was taken, there was 
          2   contamination detected at several other wells as well as 
          3   well number five?
          4        A.   Correct.
          5        Q.   Since no field blank was performed, we don't 
          6   have any confirmation in the data records as to whether 
          7   decontamination procedures were followed as the bailer 
          8   was brought between those wells, correct? 
          9        A.   Correct. 
         10        Q.   And we don't have any record of which these 
         11   were sampled first and which was not sampled -- which 
         12   was sampled among these four wells?
         13        A.   No.  There does not appear to be any order 
         14   stated.  However, on the -- 
         15        Q.   I'm sorry?
         16        A.   Never mind.
         17        Q.   So the absence of a soil boring detecting --  
         18   showing detected contamination above the monitoring well 
         19   doesn't rule out the possibility of cross-contamination 
         20   from another source?
         21        A.   I believe that's probably unlikely if they 
         22   followed the proper procedures.
         23        Q.   But again, we don't have the documentation that 
         24   they stated in the protocol that they would provide 
                                                                    501
          1   documents that they followed their procedures?
          2        A.   I have no reason to believe that they didn't 
          3   follow their procedures.
          4        Q.   Okay.  You began your testimony today talking 
          5   about the document that is Exhibit T, which is the 
          6   handbook of suggestive practices for design and 
          7   installation of groundwater monitoring wells.  I believe 
          8   you said this was an authoritative text with respect to 
          9   that subject?
         10        A.   Yes, I did. 
         11        Q.   And it is your opinion that the U.S. EPA 
         12   believes it's acceptable to use a hand auger in some 
         13   situations because of the fact that the hand auger is 
         14   identified as a methodology in this document, correct? 
         15        A.   Yes, and in other documents I have read, which 
         16   are not here.
         17        Q.   Okay.  And the discussion on whether the hand 
         18   auger provides an annular space that Mr. Pyles testified 
         19   to and you testified to, you believe that this document 
         20   also supports your position regarding whether the annular 
         21   space created by a three and a half-inch hand auger in 
         22   using a two-inch well is adequate?
         23        A.   Yes. 
         24        Q.   Now, that's true of this document taken as a 
                                                                    502
          1   whole, correct? 
          2        A.   Correct. 
          3        Q.   Okay.  Well, this document, would you agree, is 
          4   intended to provide an extensive discussion about all the 
          5   different methodologies you could use for creating a 
          6   groundwater monitoring well in allowing a professional 
          7   to decide among those technologies based on the site 
          8   characteristics and conditions he is working in, correct? 
          9        A.   It should, yes.
         10        Q.   And this document includes an Appendix B, which 
         11   has matrices, m-a-t-r-i-c-e-s, for selecting appropriate 
         12   drilling equipment, correct?
         13        A.   Yes, it does. 
         14        Q.   Okay.  
         15        A.   What page are you looking at? 
         16        Q.   Well, I'm going to look at Page 166.  Well, the 
         17   beginning of the matrix is Page 165.
         18        A.   Okay. 
         19        Q.   So you will agree with me the purpose of this 
         20   matrix is to identify the different characteristics of 
         21   the different equipment and talk about different site 
         22   conditions that can be employed in and talk about which 
         23   method is preferable given those types of site 
         24   characteristics, correct?
                                                                    503
          1        A.   Okay.
          2        Q.   And if you look at matrix number one on Page 
          3   167, it appears that they use a scoring methodology for 
          4   each of the different technologies.  Do you see that?
          5        A.   Yes. 
          6        Q.   And that the scoring methodology is a one to ten
          7   scale with one being the lowest preference and ten being 
          8   the highest preference, correct?
          9        A.   Correct.
         10        Q.   Now, if you look on Matrix 1, it has both hand 
         11   auger and hollow-stem auger in additional to several other
         12   technologies, correct?  Matrix 1 on Page 167.
         13        A.   Yes. 
         14        Q.   Okay.  If you look at the criteria for 
         15   evaluation of drilling methods, you will see category 
         16   labeled sample reliability?
         17        A.   Correct.
         18        Q.   So in this category, the U.S. EPA is identifying
         19   its relative preferences of the two of these methodologies
         20   as to sample reliability, correct?
         21        A.   Correct.
         22        Q.   And you'll note that for hollow-stem auger, the 
         23   value selected by U.S. EPA is a ten, correct?
         24        A.   Correct.
                                                                    504
          1        Q.   And the value selected for hand auger is a five?
          2        A.   Correct. 
          3        Q.   Does this mean that the U.S. EPA believes that 
          4   the hollow-stem auger is twice as likely to produce 
          5   reliable results than a hand auger?
          6        A.   What it means is that the hollow-stem auger and 
          7   the hand auger, while they are both acceptable methods 
          8   according to the U.S. EPA, one is preferable over the 
          9   other, but it does not mean that either one of these 
         10   things is not an acceptable method.
         11        Q.   But you will agree with me that if you are 
         12   concerned about sample reliability, the U.S. EPA 
         13   demonstrates a marked preference for hollow-stemmed augers
         14   as opposed to hand augers?
         15        A.   There are better ways to do it than hand augers,
         16   yes, and they state that here.
         17        Q.   Okay.  Now, this document also contains in 
         18   Appendix A, which starts on Page 141.  Would you turn to 
         19   that, please?
         20        A.   Yes. 
         21        Q.   Okay.  What this is is a drilling and 
         22   construction -- is a report dedicated to drilling and 
         23   constructing monitoring wells with hollow-stem augers, 
         24   correct?
                                                                    505
          1        A.   Correct.
          2        Q.   And in the first paragraph of that report, the 
          3   U.S. EPA states, and I quote, "To date, hollow-stem augers
          4   represent the most widely used drilling method among 
          5   groundwater professionals involved in constructing 
          6   monitoring wells."  Do you see that?
          7        A.   No, I don't.
          8        Q.   It's in the middle of the first introductory 
          9   paragraph.  
         10        A.   Oh, in the middle.  Okay.  
         11        Q.   To date.
         12        A.   To date.  Okay.  Yes.
         13        Q.   Okay.  So you agree with U.S. EPA that that's 
         14   true, don't you?
         15        A.   I agree that the hollow-stem auger is a better 
         16   method of installing monitoring wells, but I disagree with
         17   the fact that it's the only method that is approved and 
         18   acceptable by the U.S. EPA.
         19        Q.   In fact, as this report goes on to say, several 
         20   reports that they identify from 1986 and 1988 estimate 
         21   that more than 90 percent of all monitoring wells 
         22   installed on consolidated materials in North America are 
         23   constructed with hollow-stem augers.  
         24        MR. PODLEWSKI:   Your Honor, I'm going to object to 
                                                                    506
          1   this.  We've gone over the same testimony 15 different 
          2   ways.  The testimony is hand augers are appropriate.  
          3   There may be better ways to do it.  A hollow-stem auger 
          4   may be a better way to do it.  That testimony is given.  
          5   It's of record.  We don't have to go over it 15 times.  
          6        MR. RIESER:  Well, this document was used to attempt 
          7   to impeach Mr. Pyles' credibility in terms of his 
          8   testimony regarding hand augers and why they were a better
          9   technology and it was being presented for the -- certainly
         10   the implication, if not the point, that hand augers are an
         11   acceptable measure of -- an acceptable way of providing 
         12   results.  
         13        I think to the extent that there was information in 
         14   this document that clearly supports Mr. Pyles' point, 
         15   which is most people use hollow-stem augers, it ought to 
         16   come out.  I mean, this document was dropped in front of 
         17   Mr. Pyles yesterday and he was asked to acknowledge that 
         18   it meant U.S. EPA supported the use of hand augers.  
         19        The point is that this document identifies numerous 
         20   limitations on the use of hand augers, which we have not 
         21   yet finished discussing.  I don't see why Mr. Podlewski 
         22   wants to prevent me from having his expert go through the 
         23   document that he himself presented.
         24        MR. PODLEWSKI:   Because the point is is that 
                                                                    507
          1   Mr. Rieser is -- through his ad nauseam testimony is 
          2   attempting to show that hollow-stem augers are better than
          3   hand augers in drilling boreholes for installation of 
          4   groundwater monitoring wells.  I don't think there is any 
          5   dispute about that.  Mr. Pyles has so testified.  So let's
          6   move on. 
          7        HEARING OFFICER KNITTLE:   How much more do we have? 
          8        MR. RIESER:   Well, we have another issue with 
          9   relation to annular space that we need to discuss.  I 
         10   believe we can break this off here.  We've dealt with some
         11   other issues in this document.  
         12        HEARING OFFICER KNITTLE:   Yes.  This is your 
         13   exhibit, Mr. Podlewski, and it was used by your witness 
         14   to a significant degree and used in the cross-examination 
         15   yesterday of Mr. Pyles.  I would like to give him the 
         16   opportunity to go through it, but I do understand your 
         17   point.  We don't want to cover things over and over again 
         18   if we have made our point.  
         19        MR. RIESER:  Understood.
         20        HEARING OFFICRE KNITTLE:   I will allow you to go on 
         21   with this a little bit longer.  
         22        MR. RIESER:  All right.
         23        HEARING OFFICER KNITTLE:  But I certainly don't want 
         24   to get to the ad nauseam level.  
                                                                    508
          1        MR. RIESER:  Well, hopefully, I won't get to the ad 
          2   nauseam level.
          3        HEARING OFFICER KNITTLE:   I don't know that we have 
          4   reached that yet, but...
          5        MR. RIESER:   I don't think that we have either, but 
          6   I understand.  I will move on. 
          7        HEARING OFFICER KNITTLE:   I guess I'm not sustaining
          8   or denying the objection.
          9        MR. RIESER:   You are giving me an advisory as to how
         10   I should proceed. 
         11        HEARING OFFICER KNITTLE:   Oh, that sounds good.  I 
         12   like that.  
         13        MR. PODLEWSKI:  Thank you.
         14   BY MR. RIESER: 
         15        Q.   You testified today, and also you testified the 
         16   other day, that the annular space provided when you use a 
         17   three and a half-inch hand auger to drill a monitoring 
         18   well with a two-inch diameter pipe is adequate for 
         19   placement of a sand pack and the seal on top of the sand 
         20   pack, is that correct? 
         21        A.   That's correct.  
         22        MR. PODLEWSKI:  I'm going to object to that because 
         23   that's beyond the scope of his rebuttal testimony.        
         24      MR. RIESER:  Not at all because he testified 
                                                                    509
          1   directly -- directly on this very point, that because the 
          2   monitoring well -- that because the hand augers were 
          3   identified as an available technology that meant -- 
          4   because of that identification that the U.S. EPA was 
          5   satisfied with the annular space that he identified as 
          6   being appropriate.  
          7        MR. PODLEWSKI:  Can you read back the initial 
          8   question?  
          9                       (Whereupon, the requested portion of  
         10                        the record was read accordingly.)
         11        MR. PODLEWSKI:  If I may, Mr. Hearing Officer, my 
         12   examination of Mr. Perkins on rebuttal was nowhere close 
         13   to addressing that particular question the way Mr. Rieser 
         14   asked it.  
         15        To the extent that he wants to bring up stuff that 
         16   was testified to during his direct examination, he had his
         17   opportunity two days ago to do that. 
         18        MR. RIESER:   The specific question was asked, and 
         19   obviously I don't have it transcribed verbatim, but I see 
         20   in my notes that a question was asked regarding the 
         21   annular space.  Testimony was given that it was 
         22   approximately -- what I have written down is five-eighths 
         23   of an inch, but I'm not going to talk about whether that's
         24   the correct number or not, and that -- 
                                                                    510
          1        HEARING OFFICER KNITTLE:   I recall that question. 
          2        MR. RIESER:   The next question asked, well, since 
          3   the document on Page 35 talked about the availability and 
          4   use of hand augers, that means that the U.S. EPA approves 
          5   an annular space being there.  Those questions were asked 
          6   today and I'm entitled to cross-examine him about the 
          7   other parts of the documents that talk about that.
          8        HEARING OFFICER KNITTLE:   I have to agree with 
          9   Mr. Rieser.  The objection is overruled.  We will take a 
         10   short break.  
         11                       (Whereupon, after a short break was   
         12                        had, the following proceedings were  
         13                        held accordingly.)    
         14        HEARING OFFICE KNITTLE:  Now, do you need a prompt as
         15   to where we were? 
         16        MR. RIESER:   Where were we?  
         17                       (Whereupon, the requested portion of  
         18                        the record was read accordingly.)
         19   BY MR. RIESER:
         20        Q.   I believe you testified today that -- I think 
         21   you said the annular space was five-eighths of an inch, is
         22   that correct?  
         23        A.   My guestimate would be five-eighths of an inch. 
         24        Q.   It's your testimony that because the U.S. EPA 
                                                                    511
          1   identifies the hand auger as an appropriate methodology in
          2   Exhibit T and that that annular space is therefore
          3   acceptable according to the U.S. EPA, correct?
          4        A.   Correct.
          5        Q.   If you will, turn to page -- you agree with me 
          6   that this document has extensive discussions an all of the
          7   issues we've talked about in this hearing including 
          8   annular space, filter packs, sealants, and things like 
          9   that, correct?  
         10        A.   Correct.
         11        Q.   And it's also your position that what the U.S. 
         12   EPA says in this document about those issues is the 
         13   authoritative text on that issue, is that correct? 
         14        A.   It is authoritative, but there are other 
         15   documents out there.  Part of it is in my affidavit.
         16        Q.   Okay.  On Page 92, this is in the section on 
         17   filter pack dimensions and a chapter on Section 5, design 
         18   components and monitoring wells, correct? 
         19        A.   It appears that way, yes. 
         20        Q.   Okay.  Now, on the bottom of Page 92, in the 
         21   right-hand column, it states, quote, "Conversely, it's 
         22   difficult to reliably construct a well with a filter pack 
         23   that is less than two inches thick.  Monitoring well 
         24   filter pack thicknesses are commonly suggested to be at 
                                                                    512
          1   least two to four inches."  Do you see that?
          2        A.   That's what it says, yes.
          3        Q.   And you agree with that?
          4        A.   Not entirely.  It says to reliably construct.  
          5   Therefore, I mean, I don't disagree with the information 
          6   here, but what I do state is based on this and other 
          7   articles that I have read, that the construction is 
          8   relative to what you are able to get.  If a hand auger is 
          9   possible, you can also do what they call a natural filter 
         10   pack.  That is with no filter pack at all.  That is also 
         11   an acceptable method under certain conditions.
         12        Q.   Is that identified as an acceptable method in 
         13   this document?
         14        A.   Yes, it is.  
         15        Q.   And where is that?
         16        A.   Section 7.
         17        Q.   What page?
         18        A.   There are several pages.  It's on Pages 115 and 
         19   116, down at the type of geological material on 115.
         20        Q.   Yes. 
         21        A.   Okay.  Nearly the last sentence, it says, 
         22   "Uniformly distribute and maintain the proper height of 
         23   filter pack if one is installed above the the well 
         24   intake."  Also, on the right side on Page 116, it says, 
                                                                    513
          1   "The natural filter back installations where the natural 
          2   formation is allowed to collapse around the well intake, 
          3   the function of development is twofold."  Then, it goes 
          4   into that.
          5        Q.   Okay.  So in soils where the natural tendency of
          6   the materials is to collapse around the well intake, that 
          7   being in the steam, correct?
          8        A.   Correct.
          9        Q.   Then you could use a natural filter pack, right?
         10        A.   Under certain conditions.
         11        Q.   Right.  Of course, you earlier testified that 
         12   you were working in clay soils, correct, which you said is
         13   cohesive and did not have a tendency to collapse, correct?
         14        A.   The way I stated it was that it held its shape 
         15   longer, if I remember.
         16        Q.   Held its shape longer?
         17        A.   It will collapse, but over a period of time, 
         18   which may be several days to several weeks.
         19        Q.   In fact, one of the boreholes in there 
         20   constructed did collapse, isn't that correct? 
         21        A.   I don't remember.
         22        Q.   Okay.  So when the statement appears monitoring 
         23   well filter pack thickness, they are commonly suggested 
         24   to be at least two to four inches, that's an incorrect 
                                                                    514
          1   statement by U.S. EPA?
          2        A.   No, it's a standard that they would like to 
          3   achieve, but it does not mean that it has to be achieved. 
          4   I mean, that's the way I read there.
          5        Q.   So if a hydrogeologist using a judgment based on
          6   the soil conditions makes a decision that natural filter 
          7   pack is an inappropriate methodology at a given site, then
          8   that natural filter pack is okay?
          9        A.   Based on the conditions and I think one of the 
         10   things, it could be questioned, but he needs to document 
         11   what he is doing and when he is doing it.
         12        Q.   Okay.  But that wasn't done here, wouldn't you 
         13   agree with me?
         14        A.   I agree.
         15        Q.   Page 92 also references Appendix A.  Do you see 
         16   that right at the bottom?
         17        A.   Which page?
         18        Q.   I'm at the bottom of Page 92 below where we 
         19   read, "Methods to calculate volume of filter pack 
         20   necessary are contained in Appendix A in the section 
         21   entitled installation of the filter pack."  Do you see 
         22   that?
         23        A.   Oh, yes.  I do, yes. 
         24        Q.   So if we turn to 152 in Appendix A, we see 
                                                                    515
          1   the sentence in the middle of the right-hand column that 
          2   says, "Table 3 shows, however, that the maximum working 
          3   space available between a two-inch nominal diameter casing
          4   and three and one-quarter-inch diameter hollow-stem auger 
          5   is less than one inch, i.e., 0.875-inch."  Do you see 
          6   that?
          7        A.   Yes. 
          8        Q.   It goes on to say, "This small working space can
          9   make the proper emplacement of the filter pack and annular
         10   seal very difficult, if not impossible."  Do you see that?
         11        A.   Yes.  It could make it difficult.
         12        Q.   If not impossible?
         13        A.   In some conditions, maybe.
         14        Q.   Do you know whether the condition -- strike 
         15   that.  
         16        What's the bridging problem when you talk about 
         17   annular placement of the seal?  
         18        MR. PODLEWSKI:   Objection.  That term -- that's the 
         19   first time I've heard that term used in the three days of 
         20   hearings.  He certainly didn't testify about that during 
         21   his rebuttal testimony or his direct examination and this 
         22   goes beyond the scope of both.
         23        MR. RIESER:   I can read through this some more.  I 
         24   was trying to short circuit the reading of this document 
                                                                    516
          1   which is what is suggested.  It goes directly to the issue
          2   of adequacy of the filter back and annular seal. 
          3        HEARING OFFICER KNITTLE:   Anything else? 
          4        MR. PODLEWSKI:   I would like the record -- on the 
          5   record to make a continuing objection to Mr. Rieser's --  
          6   this whole line of Mr. Rieser's cross-examination on 
          7   rebuttal relating to areas to which Mr. Perkins did not 
          8   testify to.  Again, what was the term, bridging?
          9        MR. RIESER:   Yes.
         10        MR. PODLEWSKI:   Whatever it was, I don't even 
         11   remember what it was, but that term -- I certainly did not
         12   use that term in Mr. Perkins' direct examination or in his
         13   rebuttal testimony.  It goes beyond the scope of each.  
         14        THE COURT:  I'll sustained that objection.  This  
         15   question does appear to go beyond the scope of the direct 
         16   examination.  
         17   BY MR. RIESER: 
         18        Q.   All right.  Further down in that same paragraph,
         19   you will see the sentence, quote, "A small working space 
         20   can also increase the possibility of bridging problems 
         21   when attempting to convey the filter pack and annular 
         22   sealant between the hollow-stem auger and well casing."  
         23   Do you see that?
         24        A.   No.  I'm not sure exactly where you are at.  
                                                                    517
          1   Oh, way down here?  Okay.
          2        Q.   Yes. 
          3        A.   Okay.   
          4        Q.   Do you agree that that's true?
          5        A.   Bridging can happen in just about any type of 
          6   soil boring.  So, yes, I agree.  
          7        Q.   And the bridging problem is -- what is the 
          8   bridging problem?
          9        A.   A bridging problem is when it sluffs off into 
         10   the side basically trying to close up the hole.
         11        Q.   Isn't bridging also the -- doesn't it also occur
         12   when the filter pack or annular sealant material spans or 
         13   arches across the space between the inner diameter of the 
         14   auger and outer diameter of the casing?
         15        A.   Yes, based on this description here.
         16        Q.   As a result, gaps or large unfilled voids may 
         17   occur around the well intake or well casing due to the 
         18   non-uniform filter pack or annular sealant?  
         19        A.   Yes. 
         20        Q.   And that the bridging problems are more 
         21   likely to occur with a small or annular space such as 
         22   five-eighths-inch annular space rather than a larger 
         23   annular space?  
         24        A.   I've had it happen in both.
                                                                    518
          1        Q.   They are more likely to occur with a smaller 
          2   space?
          3        A.   Not necessarily.  They are just as likely to 
          4   occur.  It's just there is more space for -- you know, 
          5   in the larger boring, there is more space for it to move. 
          6   Therefore, it doesn't seem to be as much of a problem.  
          7   However --
          8        Q.   Excuse me.  Let's stop there.  But it's the U.S 
          9   EPA's position it is more likely to occur in the smaller 
         10   boring?
         11        A.   Based on this.
         12        Q.   Based on the handbook?
         13        A.   Yes. 
         14        MR. RIESER:   I have nothing further thank you. 
         15        THE COURT:  Do you have any redirect? 
         16        MR. PODLEWSKI:   Yes.
         17            R E D I R E C T    E X A M I N A T I O N     
         18                        by Mr. Podlewski
         19        Q.   Mr. Perkins, Mr. Rieser, on cross-examination, 
         20   asked you a wide ranging -- a variety of wide ranging 
         21   questions concerning the construction of groundwater 
         22   monitoring wells and specifically with respect to a 
         23   reference to Complainant's Exhibit T?
         24        A.   That's correct. 
                                                                    519
          1        Q.   Okay.  Is it still your opinion that the 
          2   groundwater samples that -- in light of Mr. Rieser's 
          3   cross-examination, is it still your opinion that the 
          4   groundwater samples that were obtained by Pioneer from the
          5   Martin's of Matteson site in April, May and June of 1996, 
          6   were representative samples of groundwater?
          7        A.   That's correct. 
          8        Q.   That still is your opinion?
          9        A.   Yes, it is. 
         10        Q.   Mr. Rieser asked you -- directing your attention
         11   to Complainant's Exhibit J, Mr. Rieser asked you about the
         12   timing of the use of the field blank, is that correct? 
         13        A.   Yes, he did.
         14        Q.   Okay.  And how is that relevant?
         15        A.   The relevancy of it is if it's -- I don't 
         16   understand why anybody would do it, but if somebody ran 
         17   the field blank first, then what does it tell you?  You 
         18   decontaminated -- you check into decontamination water of 
         19   a non-used piece of equipment.  
         20        Field blank is generally performed after you have 
         21   taken your sample.  You have cleaned up and you take your 
         22   deionized water and the appropriate soap and clean it off.
         23   Then, you rinse water -- clean water over it and put that 
         24   into a jar and send it to the laboratory for analysis.  
                                                                    520
          1   That's to determine if any contamination remains on that 
          2   piece of equipment.
          3        Q.   Between the taking of the groundwater samples?
          4        A.   After the taking of at least the first or one of
          5   the groundwater samples.  It's usually taken -- either 
          6   taken after the first one or at random.  It's just a way 
          7   of checking to see if decon procedures are being followed.
          8   Therefore, it doesn't make sense to run it before.
          9        Q.   Do you have any reason to believe that wasn't 
         10   done in this case?
         11        A.   No reason to believe.
         12        Q.   If you have water from a storm sewer that is 
         13   leaking into the ground, under certain circumstances, 
         14   would that still be groundwater?
         15        A.   Once it reaches the appropriate pressure point, 
         16   yes. 
         17        MR. PODLEWSKI:  I have no further questions. 
         18        HEARING OFFICER KNITTLE:   Do you have any recross, 
         19   Mr. Rieser? 
         20        MR. RIESER:   I have nothing. 
         21        HEARING OFFICER KNITTLE:   Thank you, sir.  Do you 
         22   have another rebuttal witness? 
         23        MR. PODLEWSKI:   One more.  Mr. Persino?
         24        HEARING OFFICER KNITTLE:  Mr. Persino, please have a 
                                                                    521
          1   seat.
          2        MR. PODLEWSKI:  Do you want to swear him in again?
          3   You did that with Mr. Perkins.
          4        HEARING OFFICER KNITTLE:  That's probably a good 
          5   idea.
          6                                      (Witness sworn.)
          7   WHEREUPON:
          8                 J A M E S     P E R S I N O ,
          9   called as a witness herein, having been first duly sworn, 
         10   deposeth and saith as follows:
         11            R E B U T T A L    E X A M I N A T I O N
         12                        by Mr. Podlewski
         13        Q.   Mr. Persino, you testified, did you not, that at
         14   one time you had the property for sale for $850,000?
         15        A.   Yes. 
         16        Q.   Was it listed at that point?
         17        A.   We sell our own property.  So it was us 
         18   marketing our own property.
         19        Q.   Okay.  And when was that?
         20        A.   Prior to the contamination being discovered.
         21        Q.   So that would have been prior to 1995?
         22        A.   I believe so.  I don't remember the exact date, 
         23   but I know it was prior to the contamination being 
         24   discovered.
                                                                    522
          1        Q.   And have you taken it off the market since?
          2        A.   It was taken off shortly after the contamination
          3   was discovered.
          4        Q.   And why did you do that?
          5        A.   Because in my business as a real estate 
          6   developer and also a licensed real estate broker, it's 
          7   very difficult to sell contaminated property.  There is 
          8   no sense in putting it out in the marketplace if you have 
          9   that taint against title.
         10        Q.   Do you think $850,000 is the value of the 
         11   property today? 
         12        MR. RIESER:   I'm going to object to that question 
         13   partly because he is not an expert as to valuation.  When 
         14   I asked questions regarding valuation in interrogatories, 
         15   it was objected to as irrelevant.  Previous questions 
         16   regarding valuation have been objected to as he is a 
         17   developer.  So I would object to that being -- anything 
         18   further on that subject being brought forward as to what 
         19   the current value of the property is. 
         20        MR. PODLEWSKI:   Mr. Rieser opened the door on 
         21   cross-examination of this witness.  I didn't ask him any 
         22   questions about value.  Mr. Rieser did on 
         23   cross-examiantion.  I think I'm entitled to examine him on
         24   it. 
                                                                    523
          1        HEARING OFFICER KNITTLE:   I know we've had questions
          2   about value and the objections were not upheld.  
          3        MR. RIESER:   He did and he had an opportunity, 
          4   obviously, to have redirect.  To bring it up on rebuttal 
          5   seems entirely inappropriate. 
          6        HEARING OFFICER KNITTLE:   Anything else?  I'm going 
          7   to overrule the objection.
          8   BY MR. PODLEWSKI:
          9        Q.   Do you think $850,000 is the value of the 
         10   property today?
         11        A.   If the property were clean or as it exists?
         12        Q.   As it exists.
         13        A.   As it exists, no.
         14        Q.   Okay.
         15        A.   If it were clean, I believe it would be worth 
         16   substantially more than that in today's hot real estate 
         17   market.  
         18        Q.   Now, were you in this hearing room yesterday 
         19   when Eva Martin testified?
         20        A.   Yes. 
         21        Q.   And she testified, did she not, that she 
         22   received Phase 1 proposal from another environmental 
         23   consultant to do the Phase 1 work in 1995?  
         24        A.   Yes. 
                                                                    524
          1        Q.   Do you recall ever receiving such a proposal 
          2   from Ms. Martin?
          3        A.   Yes. 
          4        Q.   And what did you do in response when you 
          5   received that proposal?
          6        A.   I believe I faxed a copy to Pioneer 
          7   Environmental to have them prepare a proposal -- because I
          8   knew Pioneer -- to have them prepare a proposal to do a 
          9   Phase 1.  What was sent to me was a Phase 1 proposal with 
         10   a price.
         11        Q.   And did they do that?
         12        A.   Yes. 
         13        Q.   And do you recall how the prices of the Phase 1 
         14   proposal that Ms. Martin obtained and the price of the 
         15   Phase 1 proposal that you obtained from the Pioneer 
         16   compared in terms of price?
         17        A.   Well, I didn't necessarily obtain the proposal. 
         18   I suggested to Pioneer that they make a proposal to
         19   Ms. Martin in response to the proposal that she had sent 
         20   me because again, I was using Pioneer as my environmental 
         21   firm at that time and their price, I thought, was going to
         22   be cheaper because I had found in comparing prices of 
         23   environmental firms on work I was doing is that they had 
         24   been cheaper in other instances.  Indeed, the proposal 
                                                                    525
          1   they came up with was cheaper for their Phase 1 report.  
          2        Q.   You did see a proposal that Pioneer prepared
          3   to do Phase 1 work for Ms. Martin?
          4        A.   Yes. 
          5        Q.   And it was cheaper?
          6        A.   Yes. 
          7        Q.   Was that among the reasons you recommended 
          8   Pioneer to Ms. Martin?
          9        A.   Yes. 
         10        Q.   Did you ever tell Mrs. Martin that she could use
         11   no one but Pioneer to do any environmental work on the 
         12   property?  
         13        A.   No.  What I suggested was that she could choose 
         14   somebody, but I would have to approve anybody that would 
         15   work on my property.
         16        Q.   Now, do you recall Ms. Martin's testimony 
         17   yesterday concerning the letter of credit?
         18        A.   Yes. 
         19        Q.   Why was that letter of credit established?
         20        A.   At the time that the contamination was 
         21   discovered, I was in the process of refinancing the 
         22   property and my lender requested, cased upon our receipt 
         23   of the first -- I believe it was the first initial Pioneer
         24   boring report where they estimated that the cleanup was 
                                                                    526
          1   going to be about $70,000.  If you added up all the 
          2   numbers in that report, that's where the figure came from.
          3   My lender requested that that amount of money be placed in
          4   escrow to cover that cost before they would proceed with 
          5   the refinancing.
          6        Q.   And have there been any disbursements from that 
          7   letter of credit?
          8        A.   Yes. 
          9        Q.   Do you recall how much those disbursements -- 
         10   what the total sum of those disbursements is?
         11        A.   My recollection is there is about, I think, 
         12   $47,000 or $48,000 left from the letter of credit, which 
         13   has now become a different instrument.  I believe it's an 
         14   escrow of some sort.  So it's the difference between that 
         15   and the $70,000 being what was disbursed.
         16        Q.   The original amount of letter of credit was 
         17   $70,000?
         18        A.   Correct.
         19        Q.   Did you ever -- in the time that the business 
         20   was operated as either one-hour Martinizing or Martin's 
         21   of Matteson, did you ever have occasion to call the dry 
         22   cleaners -- to call up that business and ask for Eva and 
         23   be told she wasn't there?
         24        A.   Frequently.
                                                                    527
          1        Q.   When you say frequently, what do you mean?
          2        A.   As a managing partner of the entity and being 
          3   responsible for the day-to-day management of the property,
          4   I was the one contacted by all the ten tenants.  On a 
          5   number of occasions, I had called Eva and was told she was
          6   not there.
          7        Q.   Did you know about Ms. Martin's plan to have 
          8   KREC monitor Pioneer's initial Phase 2 activities?
          9        A.   Yes. 
         10        Q.   Did you speak with her about it?
         11        A.   Yes. 
         12        Q.   And what did you tell her?
         13        A.   My response was that was fine provided that 
         14   somebody from Pioneer who was performing the work was 
         15   going to be on-site so that I would have some assurance 
         16   that the borings that were being undertaken were not 
         17   going to be in any way destroyed or contaminated or in any
         18   way disturbed so that there was some assurance that both 
         19   firms were going to be getting fair samples of being done.
         20        Q.   Other than that, you had no objection to KREC 
         21   remediation applicant C doing work alongside Pioneer?
         22        A.   None whatsoever.
         23        Q.   Do you know whether since June 1996 the Martins 
         24   have performed any environmental work at the property?
                                                                    528
          1        A.   Not to my knowledge.
          2        Q.   Not to your knowledge means you don't know?
          3        A.   I'm not sure if they have.
          4        Q.   Okay.  Now, you were at the hearing today and 
          5   you heard Mr. Krikau's testimony?
          6        A.   Yes. 
          7        Q.   Now, was it -- correct me if I'm wrong.  Did 
          8   Mr. Krikau testify that the Pollution Control Board's TACO
          9   regulations permit contaminated soil to remain at a 
         10   property?
         11        A.   That's what I heard him say.
         12        Q.   Is cleanup to a level that would allow 
         13   contaminated soil and groundwater to remain at the 
         14   property an acceptable remedy to you in this case?
         15        A.   No.
         16        Q.   Why not?
         17        A.   Because it's going to diminish, in my opinion, 
         18   the value of my property and also the financability of the
         19   property.
         20        Q.   And what is your view on the use of 
         21   institutional controls or engineered barriers?
         22        A.   I have had conversations with my respected 
         23   environmental attorney, who happens to be sitting across 
         24   from me, about this issue in the past and I have been 
                                                                    529
          1   told --
          2        MR. RIESER:   I'm going to object to what he has been
          3   told. 
          4        MR. PODLEWSKI:   That's fine. 
          5        HEARING OFFICER KNITTLE:   I sustain that.
          6   BY MR. PODLEWSKI:
          7        Q.   What is your view?
          8        A.   My view is that the property value would be 
          9   diminished and the institutional controls, particularly 
         10   something such as an engineered barrier creates an ongoing
         11   obligation for subsequent property owners to maintain.  
         12   That barrier is in satisfactory condition in a person 
         13   buying the property looking at that, I believe, is going 
         14   to reduce the value and purchase price of the property if 
         15   that has to be in place if he has to accept the property 
         16   with that kind of deed restriction.
         17        Q.   Have you ever been involved with -- strike that.
         18        Have you ever participated in the state's voluntary 
         19   site mediation program?
         20        A.   At least three occasions.
         21        Q.   And have you received any further remediation 
         22   letters?
         23        A.   In two instances.
         24        Q.   Okay.
                                                                    530
          1        A.   One is pending.  
          2        Q.   And there's no further remediation letters, 
          3   under what program were they?  Were they under the 
          4   voluntary site remediation program?
          5        A.   Voluntary and then under -- they were petroleum 
          6   sites that were under the LUS reimbursement program as 
          7   well.
          8        Q.   Cleanup, were they at properties that you or an 
          9   entity that you control own?
         10        A.   Yes. 
         11        Q.   What cleanup levels or remediation objectives 
         12   were attained in those cases?
         13        A.   In two of the cases, one of which is still 
         14   pending, the issuance of the NFR letter, we cleaned up to 
         15   background standards.  In the second -- in the other case,
         16   upon which an NFR letter was issued, we cleaned it up also
         17   to background standards, but there was a -- it had one 
         18   restriction on that particular property that we couldn't 
         19   unfortunately get around which included a 
         20   commercial/industrial use restriction.
         21        Q.   Why did -- was it your decision to obtain no 
         22   further remediations based upon background concentration 
         23   of cleanup objectives?
         24        A.   Yes. 
                                                                    531
          1        Q.   And why did you -- why didn't you accept some 
          2   lesser cleanup standard at those properties?
          3        A.   Because we develop the properties primarily for 
          4   our own account for long-term hold with an eye down the 
          5   road at some point of selling or refinancing the property.
          6   We just felt that from our experience of 25 years in the 
          7   development business that having less -- having any kind 
          8   of an NFR letter with a restriction on it of any kind 
          9   would diminish the value and financiability of the 
         10   property.
         11        Q.   And that's why you are seeking cleanup to 
         12   background levels here?
         13        A.   Yes. 
         14        Q.   In those sites that you have talked about where 
         15   you have obtained NFR letters, was it necessary to 
         16   demolish any buildings or structures in order to do 
         17   corrective action?
         18        A.   In all three sites.
         19        Q.   And your testimony is that some of those sites 
         20   were conducted under the UST program?
         21        A.   All of them.
         22        Q.   All of them were under the UST program.  
         23   Did you seek reimbursement for costs associated with 
         24   demolition of the structures of the buildings?
                                                                    532
          1        A.   Yes. 
          2        Q.   Were they reimbursed by the agency?
          3        A.   Two reimbursements have been completed and they 
          4   were reimbursed and the third one is pending, but the 
          5   request for reimbursement of demolition is included in 
          6   that request.
          7        MR. PODLEWSKI:   I have nothing further.
          8        HEARING OFFICER KNITTLE:   Cross-examination? 
          9        MR. RIESER:  Yes.
         10               C R O S S - E X A M I N A T I O N     
         11                         by Mr. Rieser
         12        Q.   Now, the three sites that you just described, 
         13   it's correct that they were -- all three of them were 
         14   underground storage tank sites?
         15        A.   Yes. 
         16        Q.   And you were working with the agency's 
         17   underground storage tank program?
         18        A.   Yes.
         19        Q.   And on two of the sites, structures were 
         20   demolished?
         21        A.   All three.
         22        Q.   All three of the sites, structures were 
         23   demolished.  And two of the sites, you received 
         24   reimbursement for the structures?
                                                                    533
          1        A.   So far.  The third one is pending.
          2        Q.   What were the structures that were demolished?
          3        A.   Gas station facilities, gas station buildings.
          4        Q.   What was the -- 
          5        A.   And gas station islands.  
          6        Q.   Were the buildings -- 
          7        A.   And canopies, everything associated with a gas 
          8   station.
          9        Q.   It was the gas station structures for the 
         10   entire -- all the structures on the property?
         11        A.   Correct.
         12        Q.   What was the -- what were the addresses of these
         13   sites?
         14        A.   One was the -- let me get the correct address or
         15   correct location.  One was the northeast corner of Ardmore
         16   and North Avenue in Villa Park.  The other one is the 
         17   northwest corner of Chatham and North Avenue in Villa 
         18   Park.
         19        Q.   I'm sorry.  Chatham?  
         20        Q.   Chatham, C-h-a-t-h-a-m.  
         21        A.   Third one was 4950 Main Street in Downers 
         22   Grove.
         23        Q.   You have retained Pioneer many times, is that 
         24   correct? 
                                                                    534
          1        A.   Define many.
          2        Q.   More than ten, less than ten?
          3        A.   Less than ten.
          4        Q.   Are they the only environmental consultant you 
          5   have retained?
          6        A.   To date.
          7        Q.   When you have retained them -- 
          8        A.   Actually, I take that back.  Through several 
          9   lenders of mine on refinancing, I have paid for other 
         10   environmental consultants that were recommended by various
         11   lenders.  
         12        Q.   Those were because the lenders had an approved 
         13   list of environmental consultants that they wanted you to 
         14   use, is that right? 
         15        A.   Yes. 
         16        Q.   But when you have hired your own environmental 
         17   consultant, you have always hired Pioneer?
         18        A.   Yes. 
         19        Q.   And when hiring Pioneer, did you typically seek 
         20   bids from other consulting companies before making your 
         21   decision to hire Pioneer?
         22        A.   On two of the recent occasions.
         23        Q.   Pioneer has always been the cheapest bid?
         24        A.   Yes. 
                                                                    535
          1        Q.   You hired them because they are the cheapest 
          2   company -- 
          3        A.   Cheapest qualified bidder.
          4        MR. RIESER:   I have nothing further. 
          5        HEARING OFFICER KNITTLE:   Any redirect? 
          6        MR. PODLEWSKI:   No, your Honor -- Mr. Hearing 
          7   Officer. 
          8        HEARING OFFICER KNITTLE:   I wish I were a your 
          9   Honor.   Mr. Persino, please step down.  Thank you very 
         10   much.
         11        MR. PERSINO:  Thank you.
         12        HEARING OFFICER KNITTLE:  At this point in time, do 
         13   you have any other rebuttal witnesses?  
         14        MR. PODLEWSKI:   That concludes my case. 
         15        HEARING OFFICER KNITTLE:   Okay.  Before we get to 
         16   closing arguments, we are supposed to entertain statements
         17   from interested citizens.  I want to note for the record 
         18   that there are no interested citizens here to provide any 
         19   statements nor have there been any citizens at any point 
         20   in this case.  
         21        MR. PODLEWSKI:  Of course, we are all interested 
         22   citizens, but not with this case.
         23        HEARING OFFICER KNITTLE:   Not affiliated with the 
         24   parties in this case, correct, nor with the Illinois 
                                                                    536
          1   Pollution Control Board for that matter.  So there will be
          2   no statements from interested citizens.  
          3        We have talked previously and both parties indicated 
          4   that you wanted to waive closing arguments.  Is that still
          5   the case? 
          6        MR. PODLEWSKI:   Yes, Mr. Hearing Officer.
          7        MR. RIESER:   Yes, sir. 
          8        HEARING OFFICER KNITTLE:   Closing arguments will be 
          9   waived.  
         10        We also talked off the record about briefs, but I 
         11   want to make sure there are no motions prior to the 
         12   closing of this record before we close the record and talk
         13   about briefs.  Any motions on your end? 
         14        MR. PODLEWSKI:   I don't believe I have any motions. 
         15        MR. RIESER:   We have no motions.
         16        HEARING OFFICER KNITTLE:   Let's go off the record 
         17   for just one second.
         18                       (Whereupon, a discussion was had off  
         19                        the record.)
         20        HEARING OFFICER KNITTLE:   Let's go back on the 
         21   record.  
         22        Pursuant to an off-the-record discussion, the 
         23   briefing schedule is as follows:  Complainant's 
         24   post-hearing brief will be due on December 13, 1999.  The 
                                                                    537
          1   respondents' brief will be due on January 24, 2000.  The 
          2   complainant's reply brief will be due on or before 
          3   February 7, 2000.  We didn't talk about this, but in light
          4   of the extended briefing schedule, the mailbox rule will 
          5   apply.  As long as you get it in the mail by that date, 
          6   you will be okay.       
          7        Also, I'm required to make a statement about the 
          8   credibility of the witnesses at the hearing.  Based on my 
          9   legal experience and judgment thereto, I find no 
         10   credibility issue existed at this hearing.  
         11        That's all I have.  Thank you all very much. 
         12
         13                       (Whereupon, no further proceedings    
         14                       were had in the above-entitled cause.)
         15
         16
         17
         18
         19
         20
         21
         22
         23
         24
                                                                    538
          1   STATE OF ILLINOIS  )
                                  )  SS.
          2   COUNTY OF C O O K  )
          3
          4                I, LORI ANN ASAUSKAS, CSR, RPR, 
          5   a notary public within and for the County of Cook and 
          6   State of Illinois, do hereby certify that heretofore,     
          7   to-wit, on the 21st day of October, A.D., 1999, personally
          8   appeared before me at Room 11-512, 100 West Randolph 
          9   Street, in the City of Chicago, County of Cook and State
         10   of Illinois, in a certain cause now pending and 
         11   undetermined before the Illinois Pollution Control Board, 
         12   wherein MATTESON WHP PARTNERSHIP is the Complainent and 
         13   JAMES W. MARTIN AND EVAN D. MARTIN, et al., are the 
         14   Respondents. 
         15             I further certify that the said all witnesses 
         16   were by me first duly sworn to testify the truth, the 
         17   whole truth and nothing but the truth in the cause 
         18   aforesaid; that the testimony then given by them was 
         19   by me reduced to writing by means of shorthand in the 
         20   presence   of said witness and afterwards transcribed 
         21   upon a computer, and the foregoing is a true and 
         22   correct transcript of the testimony so given by 
         23   them as aforesaid.
         24                I further certify that the taking      
                                                                    539
          1   of this hearing was pursuant to notice and that there were
          2   present at the taking of the deposition the aforementioned
          3   parties.
          4                I further certify that I am not     
          5   counsel for nor in any way related to any of the 
          6   parties to this suit, nor am I in any way interested 
          7   in the outcome thereof.
          8                In testimony whereof I have hereunto   set my
          9   hand and affixed my notarial seal this 2nd day of 
         10   November, A.D., 1999.
         11
         12
         13                        ________________________________ 
                                   Lori Ann Asauskas, CSR, RPR.
         14                        Notary Public, Cook County, IL
                                   Illinois License No. 084-002890
         15
         16
         17
         18
         19
         20   SUBSCRIBED AND SWORN TO
              before me this______day
         21   of_________, A.D., 1999.
         22
              ________________________
         23        Notary Public
         24