1
1 BEFORE THE ILLINOIS POLLUTION CONTROL BOARD OF THE
STATE OF ILLINOIS
2
3
PEOPLE OF THE STATE OF ILLINOIS,)
4 ex rel., GARY W. PACK, MCHENRY )
COUNTY STATE'S ATTORNEY, )
5 )
)
6 Complainant, )
)
7 vs ) No. PCB 01-43
) (RCRA Enforcement)
8 MICHAEL STRINGINI, )
)
9 Respondent. )
10
11 TRANSCRIPT OF PROCEEDINGS held in the
12 hearing of the above-entitled matter, taken
13 stenographically by Maria E. Shockey, CSR, before
14 BRADLEY P. HALLORAN, Hearing Officer, at the McHenry
15 County Government Center, Room A210, Woodstock,
16 Illinois, on the 23rd of March, A.D., 2004,
17 commencing at 9:00 a.m.
18
19
20
21
22
23
24
L.A. REPORTING (312) 419-9292
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1 A P P E A R A N C E S:
2
ILLINOIS POLLUTION CONTROL BOARD,
3 100 West Randolph Street
Suite 11-500
4 Chicago, Illinois 60601
(312) 814-8917
5 BY: MR. BRADLEY P. HALLORAN, HEARING OFFICER
6
MR. GARY W. PACK
7 STATE'S ATTORNEY OF MCHENRY COUNTY, ILLINOIS
2200 North Seminary Avenue
8 Woodstock, Illinois 60098
(815) 334-4000
9 BY: MR. DAVID N. STONE
MR. RICHARD BUELOW
10
On behalf of the Petitioner;
11
12 MR. MICHAEL S. STRINGINI, Appeared Pro Se.
13
14
15
16
17
18
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L.A. REPORTING (312) 419-9292
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1 I N D E X
2
OPENING STATEMENTS
3
By Mr. Stringini 9
4
5 WITNESS DX CX RDX RCX
6 JAMES K. MOORE
7 By Mr. Stone 11
By Mr. Stringini 16
8
RICHARD ZIMMERMAN
9
By Mr. Stone 19
10 By Mr. Stringini 24, 25
11 MICHAEL EISELE
12 By Mr. Stone 26
By Mr. Stringini 36
13
MICHAEL S. STRINGINI
14
By Mr. Stone 40
15
16 CLOSING ARGUMENT
17 By Mr. Stone 80
By Mr. Stringini 87
18
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24
L.A. REPORTING (312) 419-9292
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1 E X H I B I T S
2
PLAINTIFF'S EXHIBIT MARKED
3
4 Exhibit No. 1 ........................... 10
5 Exhibit No. 2 .......................... 21
6 Exhibit No. 3 ........................... 22
7 Exhibit No. 4 ........................... 27
8 Exhibit No. 5 ........................... 43
9 Exhibit No. 6 ........................... 46
10 Exhibit No. 7 ........................... 47
11 Exhibit No. 8 ........................... 48
12 Exhibit No. 9 ........................... 49
13 Exhibit No. 10 ........................... 51
14 Exhibit No. 11 ........................... 52
15 Exhibit No. 12 ........................... 54
16 Exhibit No. 13 ........................... 60
17 Exhibit No. 14 ........................... 62
18 Exhibit No. 15 ........................... 63
19 Exhibit No. 16 ........................... 64
20 Exhibit No. 17 ........................... 67
21 Exhibit No. 18 ........................... 69
22 Exhibit No. 19 ........................... 70
23 Exhibit No. 20 ........................... 72
24
L.A. REPORTING (312) 419-9292
5
1 HEARING OFFICER HALLORAN: Good
2 morning. My name is Bradley Halloran. I'm a
3 hearing officer with the Illinois Pollution
4 Control Board, and I'm also assigned to this
5 matter, PCB 01-43 entitled People of the
6 State of Illinois, ex rel., Gary W. Pack,
7 McHenry County State's Attorney, Complainant,
8 versus Michael Stringini, the respondent.
9 Again, this is PCB 01-43 and it's a
10 RCRA enforcement matter. It's approximately
11 9:00 on March 23rd in the year 2004. We're
12 going to run this hearing pursuant to
13 Section 103.212 and Section 101(f) under the
14 Board's procedural rules.
15 I'll also add that this hearing was
16 properly noticed in local papers. Again, I
17 note that this hearing is intended to develop
18 a record for review for the Illinois
19 Pollution Control Board.
20 I will not be making the ultimate
21 decision in the case. That decision will be
22 left to the five members of the Pollution
23 Control Board. They'll review the record,
24 the transcript and the remainder, including
L.A. REPORTING (312) 419-9292
6
1 the post-hearing briefs and render a
2 decision.
3 My job is to ensure an orderly
4 hearing, a clear record, and rule on any
5 evidentiary matters that may arise. Again,
6 after the hearing, the parties will be given
7 an opportunity to submit post-hearing briefs
8 if they choose.
9 I note that the Board granted
10 complaints' motion for summary judgment on
11 October 16, 2003 and directed that this
12 hearing be held on the issue of penalties,
13 cost, and attorney fees.
14 Specifically, the Board order on
15 December 4 of 2003 directed the parties to
16 proceed to hearing and present the Board with
17 sufficient evidence to allow the Board to
18 assess a civil penalty on Counts I, II, III,
19 IV, VI, VII, X, and XII of the complaint.
20 To that end, the parties are only to
21 present testimony and evidence that are
22 relevant to the factors and causes that are
23 set forth in Sections 33-C and 42H of the
24 Act.
L.A. REPORTING (312) 419-9292
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1 This includes proposing a remedy
2 for a violation, if any, whether to impose a
3 civil penalty in supporting his position with
4 facts and arguments that address any and all
5 of Section 33C factors and, again, proposing
6 a civil penalty, if any.
7 With that said, I would like the
8 parties to introduce themselves starting
9 first with the complainant.
10 MR. STONE: My name is David Stone.
11 I'm an assistant state's attorney with the
12 McHenry County -- Gary. W. Park, McHenry
13 County State's Attorney's office. To my
14 right is Mr. Richard Buelow, who is an
15 assistant in our office who is just sitting
16 in with me today.
17 HEARING OFFICER HALLORAN: Thank you,
18 Mr. Stone.
19 Mr. Stringini?
20 MR. STRINGINI: Yeah, Mike Stringini,
21 waste recycler. I recycle waste, that's what
22 I do. And it was scrap metal and I was
23 recycling scrap metal at the time of the
24 offense.
L.A. REPORTING (312) 419-9292
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1 HEARING OFFICER HALLORAN: Thank you,
2 sir.
3 Mr. Stone, would you like to give an
4 opening?
5 MR. STONE: No. I'll waive opening
6 except to say that my understanding is that
7 we're going to limit proofs to those elements
8 of Section 42 of the Environmental Protection
9 Act, those elements under subparagraph H.
10 HEARING OFFICER HALLORAN: Okay.
11 MR. STRINGINI: What does that mean?
12 HEARING OFFICER HALLORAN: Well, as I
13 stated in the opening, the factors the Board
14 takes a look at in deciding what to do with
15 this case as far as remedies and civil
16 penalties.
17 MR. STRINGINI: This is about civil
18 penalties, right?
19 HEARING OFFICER HALLORAN: Correct.
20 Mr. Stringini, would you like to give
21 an opening?
22 MR. STRINGINI: An opening? All
23 right.
24 HEARING OFFICER HALLORAN: Okay.
L.A. REPORTING (312) 419-9292
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1
2 O P E N I N G S T A T E M E N T
3 BY MR. STRINGINI:
4 There was nothing there that was
5 waste. It was all silica sand, waste silica
6 sand. If you recycled it today, it doesn't
7 have to go to waste at all. Metals and brass
8 is not a hazardous waste. Brass is a metal.
9 If you put it in a landfill, it will
10 oxidize and turn into a leachable metal and
11 contaminate the ground. I was taking the
12 metal out until I was thrown out of the pit.
13 I was locked out. I didn't abandon.
14 I was locked out. My lawyer said stay away
15 and Mr. Stone knows that.
16 HEARING OFFICER HALLORAN: Thank you,
17 sir.
18 MR. STONE: I would move that that
19 entire opening statement be stricken in that
20 it's not relevant to the issues at hand.
21 HEARING OFFICER HALLORAN: I'll allow
22 it to stand. The objection is overruled.
23 Mr. Stone, I think we have some
24 preliminary issues?
L.A. REPORTING (312) 419-9292
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1 MR. STONE: Yes. I just want to
2 submit Plaintiff's Exhibit 1, which is a
3 stipulation. It happens to be a fax copy
4 which was forwarded to me and Mr. Stringini.
5 I believe that our telephone
6 pretrial conference, he agreed to stipulate
7 that the respondent, Sloan Valve -- it's
8 stipulated between the complainant and
9 respondent that the Sloan Valve Company
10 expended in excess of $500,000 to remedy the
11 violations of the Environmental Protection
12 Act on the Zimmerman property.
13 I would ask that Exhibit No. 1 be
14 admitted into evidence.
15 (Document marked as
16 Complainant's Exhibit No. 1
17 for identification,
18 3-23-04.)
19 HEARING OFFICER HALLORAN: Obviously,
20 Mr. Stringini, you have no objection because
21 it is a stipulation. Complainant's Exhibit
22 No. 1 is admitted.
23 And you may call your first witness if
24 you so choose.
L.A. REPORTING (312) 419-9292
11
1 MR. STONE: Yes. I would call
2 Mr. James Moore.
3 HEARING OFFICER HALLORAN: I think
4 we're going to have you sit here, sir. And
5 if you could just raise your right hand,
6 Maria will swear you in.
7 (Witness sworn.)
8 WHEREUPON:
9 JAMES K. MOORE
10 called as a witness herein, having been first duly
11 sworn, deposeth and saith as follows:
12 D I R E C T E X A M I N A T I O N
13 BY MR. STONE:
14 Q. Would you please state your name for
15 the record?
16 A. James Kenneth Moore.
17 Q. What is your occupation?
18 A. I work for the Illinois EPA.
19 Q. And what is your educational
20 background?
21 A. I have a bachelor of science in civil
22 engineering and a master of science in civil
23 engineering from the University of Illinois.
24 Q. And are you an Illinois registered
L.A. REPORTING (312) 419-9292
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1 engineer?
2 A. Yes, I am.
3 Q. And what is your -- do you know your
4 number by heart?
5 A. I can get it here real quick.
6 (Brief pause.)
7 062044414.
8 Q. Have you as an engineer followed up
9 with educational seminars and educational
10 experiences?
11 A. Yes, I have.
12 Q. How long have you been with the
13 Illinois Environmental Protection Agency?
14 A. Eighteen years.
15 Q. Were you called upon recently to
16 review materials with regard to a violation of the
17 Environmental Protection Agency Act with regard to
18 the property we referred to as the Zimmerman
19 property in Union, Illinois?
20 A. Yes.
21 Q. Would you describe to the hearing
22 officer -- or to the Board I should say what actions
23 you took to review the matter?
24 A. Well, I worked on this project back in
L.A. REPORTING (312) 419-9292
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1 the '90s as we worked on a remedial action at this
2 facility and so I had that history, and then I also
3 quickly reviewed pertinent files at the agency to
4 refresh my memory on this project.
5 Q. And did you review the Board's opinion
6 order with regard to the motion for summary judgment
7 in this matter?
8 A. Yes, I did.
9 Q. So you're aware of the nine counts
10 that the Board found in favor of the complainant and
11 against the respondent?
12 A. Yes.
13 Q. In your experience -- 18 years of
14 experience, have you had experience with looking at
15 cost estimates for securing -- developing
16 application for Resource and Conservation Recovery
17 Act permit?
18 A. Yes, I have.
19 Q. And Resource and Conservation Recovery
20 Act, we refer to euphemistically as RCRA?
21 A. That's correct.
22 Q. Okay. Was that part of your duties as
23 an employee of the Illinois Environmental Protection
24 Agency to check cost estimates and to determine if
L.A. REPORTING (312) 419-9292
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1 those estimates were accurate?
2 A. Yes.
3 Q. And based upon -- and did you review
4 the various remedial reports prepared by engineers
5 on the Zimmerman property with regard to
6 remediation?
7 A. Yes.
8 Q. And do you know based on the
9 violations that were found by the Board what kind of
10 RCRA permit Mr. Stringini would have had to have in
11 1980 to do the operations that he was found in
12 violation of the act for?
13 A. Yes.
14 Q. Now, do you have an opinion based upon
15 your expertise and experience in the area as to the
16 estimated cost that Mr. Stringini would have
17 incurred in 1988 to develop an application for a
18 RCRA permit?
19 A. Yes. I believe it would be at least
20 $50,000.
21 Q. And is this a conservative or a
22 liberal estimate in your opinion?
23 A. I believe it would be conservative.
24 Q. Do you have an opinion based on your
L.A. REPORTING (312) 419-9292
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1 experience and qualifications as to the cost that
2 Mr. Stringini would have incurred in 1980 to
3 provide -- or between 1980 and 1984 to provide
4 adequate security at the site in the form of
5 installing fencing around the facility and proper
6 signs?
7 A. I would estimate that would be at
8 least $10,000.
9 Q. And is that a conservative or a
10 liberal estimate?
11 A. I believe it's conservative.
12 Q. Do you have an opinion based on your
13 experience and your qualifications as to what it
14 would have cost Mr. Stringini between 1980 and 1984
15 to implement an adequate ground water monitoring
16 program for this facility?
17 A. Yes. I would estimate that to be at
18 least $50,000.
19 Q. And is that a conservative or a
20 liberal estimate?
21 A. I believe it's conservative.
22 MR. STONE: I have no further
23 questions.
24 HEARING OFFICER HALLORAN: Thank you,
L.A. REPORTING (312) 419-9292
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1 Mr. Stone.
2 Mr. Stringini, you're welcome to
3 cross.
4 C R O S S - E X A M I N A T I O N
5 BY MR. STRINGINI:
6 Q. When you say permit to do what I was
7 doing, what would that be a permit in layman's
8 language, a landfill or to recycle the pebbles from
9 the sand?
10 A. We found that there were three
11 hazardous waste container storage areas out there,
12 seven waste piles, one treatment unit and one
13 service impoundment and so those were hazardous
14 waste management units. You would have needed to
15 obtain a permit to operate each one of those units.
16 Q. All right. Were they in containers,
17 is that what you're saying, that the hazardous waste
18 was in containers?
19 A. Some of them.
20 Q. That was finished product. In other
21 words, I had taken the metal from the sand, along
22 with the lead that comes with the metal, and it was
23 like a concentrated -- maybe be 30, 40 percent
24 copper which was going to be sold. That was not a
L.A. REPORTING (312) 419-9292
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1 waste. That was my product.
2 MR. STONE: Objection.
3 HEARING OFFICER HALLORAN:
4 Mr. Stringini, you're supposed to be asking
5 questions, not testifying.
6 MR. STRINGINI: Oh, I'm sorry. Okay.
7 HEARING OFFICER HALLORAN: Thank you.
8 BY MR. STRINGINI:
9 Q. What I was going to say was I was
10 going to follow-up with did you check it for the
11 copper? You know, you wouldn't do that, you just
12 checked for lead, right?
13 A. That would be correct.
14 MR. STRINGINI: No more questions.
15 HEARING OFFICER HALLORAN: Thanks.
16 Any redirect, sir?
17 MR. STONE: No redirect.
18 HEARING OFFICER HALLORAN: You may
19 step down. Thank you.
20 MR. STONE: Now, just so we're clear
21 about this, Mr. Moore is from Decatur, I
22 believe. Can he be excused because
23 Mr. Stringini, I think, might have listed him
24 in some fashion on this list of witnesses?
L.A. REPORTING (312) 419-9292
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1 MR. STRINGINI: Just as a cross.
2 MR. STONE: Just for cross, okay.
3 MR. STRINGINI: Just in case.
4 MR. STONE: Can he be excused then,
5 Mr. Hearing Officer?
6 HEARING OFFICER HALLORAN: Sir, you
7 won't need Mr. Moore anymore today? I mean,
8 are you going to call him in your case in
9 chief?
10 MR. STRINGINI: No, I have no
11 intention to.
12 HEARING OFFICER HALLORAN: Okay.
13 You're released. Thank you.
14 THE WITNESS: Thank you.
15 (Witness excused.)
16 MR. STONE: Thank you.
17 Okay. At this time, I would call
18 Mr. Richard Zimmerman.
19 HEARING OFFICER HALLORAN: Raise your
20 right hand and Maria will swear you in.
21 (Witness sworn.)
22
23
24
L.A. REPORTING (312) 419-9292
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1 WHEREUPON:
2 RICHARD ZIMMERMAN
3 called as a witness herein, having been first duly
4 sworn, deposeth and saith as follows:
5 D I R E C T E X A M I N A T I O N
6 BY MR. STONE:
7 Q. Would you please state your name for
8 the record?
9 A. Richard Zimmerman.
10 Q. Where do you live?
11 A. 2801 Jenny Jay Lane, Crystal Lake,
12 Illinois.
13 Q. Mr. Zimmerman, drawing your attention
14 to the period of time of 1980 to 1984, were you
15 involved with a property in Union, Illinois that was
16 owned -- the property was owned by D & Z Transfer
17 Company or by your father?
18 A. The property was owned by my father,
19 Norman Zimmerman.
20 Q. And do you own the property now?
21 A. No. The property was just sold last
22 December.
23 Q. But you owned it between -- you or
24 your father owned it between 1980 and last December?
L.A. REPORTING (312) 419-9292
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1 A. Right, my father owned it. He had
2 purchased it, I think, in the late '60s.
3 Q. And during the period 1980 to 1984,
4 were you employed by D & Z Transfer Company?
5 A. Yes.
6 Q. And D & Z Transfer Company was using
7 this property -- or had used it as a gravel pit at
8 some point?
9 A. That's correct.
10 Q. And it was an abandoned gravel pit?
11 A. Yes.
12 Q. And D & Z transferred into an
13 agreement with Mr. Stringini to use the property for
14 some purpose; is that correct?
15 A. Norman Zimmerman did, yes, not D & Z
16 Transfer.
17 Q. And at some point, did you become
18 involved in a remediation of that property?
19 A. Yes.
20 Q. And were you involved in negotiations
21 between D & Z Transfer, your father, yourself, and
22 Sloan Valve Company with regard to the cost of
23 remediation?
24 A. Yes.
L.A. REPORTING (312) 419-9292
21
1 Q. Now, you previously signed an
2 affidavit that was submitted with our motion for
3 summary judgment and I'm going to mark that as
4 Exhibit No. 2.
5 (Document marked as
6 Plaintiff's Exhibit No. 2
7 for identification,
8 3-23-04.)
9 I'm showing you what we marked as
10 Plaintiff's Exhibit No. 2 for identification. What
11 is that?
12 A. That's an affidavit we had signed, I
13 believe, at a previous meeting I'm thinking sometime
14 in the '90s of a letter we had sent to the state
15 when they -- I believe they called us, my father and
16 I, into Chicago to review the situation, and they
17 said Sloan Valve was not involved at that time.
18 So we wrote them a letter indicating
19 they were in about four different papers indicating
20 our cost and what was taking place.
21 Q. Okay. And that letter identifies the
22 costs that were incurred either by your father or
23 D & Z Transfer as part of the remediation cost; is
24 that correct?
L.A. REPORTING (312) 419-9292
22
1 A. That's correct.
2 Q. And what was the total cost to D & Z
3 Transfer?
4 A. Well, I don't really --
5 Q. It's shown on the letter.
6 A. The total paid for the cleanup was
7 $107,338.
8 Q. And that consisted of engineering
9 expenses and legal fees and also a settlement with
10 Sloan as to your portion of the remediation costs;
11 is that correct?
12 A. That's correct.
13 (Document marked as
14 Plaintiff's Exhibit No. 3
15 for identification,
16 3-23-04.)
17 Q. I'm showing you what I've marked as
18 Plaintiff's 3 for identification, which purports to
19 be a settlement agreement between Sloan Valve
20 Company and D & Z Transfer, Inc.; is that what that
21 is?
22 A. Yeah. It was between Sloan Valve,
23 Norman Zimmerman, and D & Z Transfer.
24 Q. And that agreement provides that of
L.A. REPORTING (312) 419-9292
23
1 the remediation costs that were incurred by Sloan,
2 D & Z would pay $65,000; is that correct?
3 A. Yes, that's correct.
4 Q. Now, that 65,000 is part of the
5 107,000 that you previously testified to?
6 A. That's correct.
7 MR. STONE: I would move that Exhibits
8 2 and 3 be admitted into evidence.
9 HEARING OFFICER HALLORAN:
10 Mr. Stringini, any objection?
11 MR. STRINGINI: No objection.
12 HEARING OFFICER HALLORAN: Okay.
13 Thank you. Plaintiff's Exhibits 2 and 3 are
14 admitted.
15 You may proceed, Mr. Stone.
16 MR. STONE: Mr. Zimmerman just
17 informed me that as to Exhibit No. 3, he gave
18 his only copy, so can I substitute at the end
19 of the hearing a copy for Exhibit 3?
20 HEARING OFFICER HALLORAN: Do you have
21 one in your office?
22 MR. STONE: I'll just make one up
23 there.
24 HEARING OFFICER HALLORAN: Okay.
L.A. REPORTING (312) 419-9292
24
1 Sure. That's fine.
2 MR. STONE: I'll take care of it, and
3 I'll mail it back to you.
4 THE WITNESS: That's fine.
5 MR. STONE: No further questions.
6 HEARING OFFICER HALLORAN: Thank you.
7 Mr. Stringini, any cross?
8 C R O S S - E X A M I N A T I O N
9 BY MR. STRINGINI:
10 Q. How is your dad?
11 A. He's still alive.
12 Q. Does Jerry Zimmerman still work with
13 you guys over there or --
14 A. No, he hasn't been since, and D & Z
15 Transfer doesn't exist anymore either.
16 MR. STRINGINI: No more questions.
17 HEARING OFFICER HALLORAN: Any
18 redirect?
19 MR. STONE: No redirect.
20 HEARING OFFICER HALLORAN:
21 Mr. Zimmerman, you may step down. Thank you
22 very much.
23 MR. STONE: I would also like
24 Mr. Zimmerman to be excused. He's here under
L.A. REPORTING (312) 419-9292
25
1 subpoena, but he has employment to go back
2 to.
3 HEARING OFFICER HALLORAN: You're
4 excused.
5 Are you going to need --
6 F U R T H E R E X A M I N A T I O N
7 BY MR. STRINGINI:
8 Q. I'd just like to ask was there a
9 one-time -- when we first brought the sand --
10 HEARING OFFICER HALLORAN: Excuse me.
11 Can you step back up at the stand, please?
12 THE WITNESS: I'm sorry.
13 HEARING OFFICER HALLORAN: That's
14 okay.
15 BY MR. STRINGINI:
16 Q. I just want to establish one thing
17 here if I can: If you remember, when we first
18 brought the first loads of sand in, do you remember
19 seeing any large pieces of metal in the sand that
20 were, obviously, sticking out of the sand? They
21 were fairly large, this size, knuckle size
22 (indicating)?
23 A. Yeah, I do remember seeing pieces of
24 metal.
L.A. REPORTING (312) 419-9292
26
1 MR. STRINGINI: Thank you. That's it.
2 HEARING OFFICER HALLORAN: Okay.
3 You're excused, Mr. Zimmerman. You may go
4 back to work.
5 THE WITNESS: Okay. Thank you.
6 (Witness excused.)
7 MR. STONE: At this time I would call
8 Michael Eisele.
9 HEARING OFFICER HALLORAN: Raise your
10 right hand please and Maria will swear you
11 in.
12 (Witness sworn.)
13 MR. STONE: I'm on Exhibit No. 4,
14 right?
15 HEARING OFFICER HALLORAN: Correct.
16 WHEREUPON:
17 MICHAEL EISELE
18 called as a witness herein, having been first duly
19 sworn, deposeth and saith as follows:
20 E X A M I N A T I O N
21 BY MR. STONE:
22 Q. Would you please state your name for
23 the record?
24 A. Michael Eisele.
L.A. REPORTING (312) 419-9292
27
1 Q. Where do you live? What town do you
2 live in?
3 A. In Woodstock, Illinois.
4 Q. Drawing your attention to July --
5 HEARING OFFICER HALLORAN: Excuse me.
6 How do you spell your last name, sir?
7 THE WITNESS: E-I-S-E-L-E.
8 HEARING OFFICER HALLORAN: Thank you.
9 BY MR. STONE:
10 Q. Drawing your attention to on or about
11 July 27, 1993, were you employed by the County of
12 McHenry at that time?
13 A. Yes, I was.
14 Q. And in what capacity were you
15 employed?
16 A. I was an environmental health
17 practitioner, and I conducted IEPA solid waste
18 inspections.
19 (Document marked as
20 Complainant's Exhibit No. 4
21 for identification,
22 3-23-04.)
23 Q. I'm showing you what we've marked as
24 Plaintiff's Exhibit No. 4 for identification. Can
L.A. REPORTING (312) 419-9292
28
1 you tell me what that document is?
2 A. This is an inspection narrative for a
3 July 27, 1993 inspection. It contains a narrative
4 summarizing observations, photo pages, and a site
5 plan.
6 Q. And are the pages numbered?
7 A. Let's see. The exhibit number you
8 mean?
9 Q. No. I guess the pages aren't
10 numbered, right?
11 A. I don't believe so. The photographs
12 are numbered.
13 Q. Okay. And how are the photographs
14 numbered?
15 A. They're laid out to correspond with
16 the site plan, and they are numbered from 1 to 19.
17 Q. Okay. Drawing your attention to the
18 photographs numbered 1 through 19, photograph
19 number 1, can you tell me what is depicted in that
20 photograph?
21 A. That's an overall site into part of
22 the former earth extraction area that was utilized
23 to recover the spent metals from the foundry sand.
24 Q. Does that picture truly and accurately
L.A. REPORTING (312) 419-9292
29
1 depict the condition of the premises on July 27,
2 1993?
3 A. Yes, it does.
4 Q. And picture number -- item number 2
5 appears to be two photographs that are taped
6 together; is that correct?
7 A. Yes.
8 Q. That would be considered for your
9 report one photograph?
10 A. Yes.
11 Q. What does that picture depict?
12 A. That's a close up of what I believe to
13 have been the -- more or less the central processing
14 area where there was a separation unit to try to
15 recover as much metals from the spent foundry sand
16 as possible.
17 Q. Does that picture truly and accurately
18 depict the condition of the premises on July 27,
19 1993?
20 A. Yes.
21 Q. Picture number 3 -- well, wait a
22 minute. I must have skipped over one. This is
23 labeled as picture 3?
24 A. 3A. This is two pictures taped
L.A. REPORTING (312) 419-9292
30
1 together. And if you were to put these together, it
2 would give you almost a 180, a panoramic, and
3 this --
4 Q. Just so we're clear for the record,
5 that's if you put 3A and 3B together?
6 A. That's correct.
7 Q. Okay. That would give you the entire
8 panorama of the materials that are apparently stored
9 on the premises?
10 A. Well, this is the spent foundry sand
11 that has been left behind, and as you could tell,
12 it's been there for some time. There's some new
13 vegetation around it, but with the erosion and the
14 smoothness, all those finds have been there for some
15 time. This material has been abandoned.
16 Q. And do those pictures, 3A and 3B,
17 truly and accurately depict the condition of the
18 premises on July 27, 1993?
19 A. Yes, they do.
20 Q. Now, we have pictures 4 and 5, are
21 they together more or less or are they separate?
22 A. No. This is together. These are --
23 I'm sorry. These are separate and they just depict
24 ponding water in relation to the spent foundry sand.
L.A. REPORTING (312) 419-9292
31
1 Q. And do those pictures truly and
2 accurately depict the condition of the premises on
3 July 27, 1993?
4 A. Yes.
5 Q. Picture number 6, what does that
6 depict?
7 A. That's a close-up of the main spent
8 foundry sand file, and the circled area depicts
9 where the soil sample was taken. And photo 7 is a
10 close-up to show the sample container as well as the
11 device used to obtain the sample.
12 Q. Okay. Picture number 8?
13 A. Picture number 8, this is near the
14 central processing area but on the other side of the
15 large spent foundry stockpile, and this is where
16 you'll find bits and pieces of mold that were used
17 in the -- in sand casts from the original foundry
18 material. These aren't where the finds are, these
19 are where the big sand casts are and that's just
20 kind of showing that.
21 Q. And that picture truly and accurately
22 depicts the condition of the premises on July 27,
23 1993?
24 A. Yes, it does.
L.A. REPORTING (312) 419-9292
32
1 Q. Picture number 9?
2 A. This is a close-up of the central
3 processing area. This shows some of the containers
4 that might have been utilized to store various
5 materials or transport various materials to the
6 site, and there's also a conveyor mechanism where
7 water was used to separate.
8 Q. There appears to be an inked circle on
9 the right picture. These are two pictures together
10 on photo number 9; is that correct?
11 A. Yes. That's referring -- a close-up
12 of that area is actually in photo 10.
13 Q. Okay.
14 A. And this depicts the conditions of the
15 containers as well as their contents at the time of
16 the inspection.
17 Q. Okay. So the circle on photo number 9
18 is intended to represent where you took the picture
19 of photo number 10?
20 A. Right. Nine gives you the overall
21 perspective and 10 is a close-up to give you a
22 representative of --
23 Q. Okay. And do pictures 9 and 10 truly
24 and accurately depict the condition of the premises
L.A. REPORTING (312) 419-9292
33
1 on July 27, 1993?
2 A. They do.
3 Q. And photo number 11, what is that
4 depicting?
5 A. This area is further to the north and
6 this depicts some additional 55-gallon drums that
7 also contain foundry sand, but they're away from the
8 main central processing area and some succeeding
9 vegetation has overtaken that area.
10 Q. And does picture number 11 truly and
11 accurately depict the condition of the premises on
12 July 27, 1993?
13 A. Yes, it does.
14 Q. Picture number 12?
15 A. Twelve is showing a close-up of what
16 is contained in some of the 55-gallon drums that are
17 depicted in the previous photo, 11, and in those we
18 see a little municipal refuse.
19 Q. What do you call that?
20 A. Municipal refuse.
21 Q. What do you mean by that?
22 A. Well, this was -- in terms of waste
23 definition, the other wastes that are present on the
24 property aren't actually considered municipal refuse
L.A. REPORTING (312) 419-9292
34
1 because they are part of a process, so they're an
2 industrial process waste by definition. This is
3 simply documenting another waste stream.
4 Q. Okay. And does picture number 12
5 truly and accurately depict the condition of the
6 premises on July 27, 1993?
7 A. Yes, it does.
8 Q. Picture 13, what does that depict?
9 A. Thirteen is depicting an area within
10 the central processing unit where a sample of
11 sediment was obtained. And this was obtained in an
12 area that was partially submerged by standing or
13 ponding water.
14 Q. And so the inked circle, the letter A
15 inside of it, is identifying the area where you took
16 that sample; is that correct?
17 A. That's correct.
18 Q. And picture 13, does that truly and
19 accurately depict the condition of the premises on
20 July 27, 1993?
21 A. Yes, it does.
22 Q. Picture 14?
23 A. Fourteen is a close-up of the sample
24 location that was shown in the encircled area in
L.A. REPORTING (312) 419-9292
35
1 photo 13, and it shows the actual sample container
2 filled with the sediment that was obtained at that
3 location.
4 Q. And what is picture number 15?
5 A. Fifteen is actually looking at a
6 separator unit. It's a large rusted storage tank
7 and there's a -- it's noted that there's a black
8 hose network that extends from the tank to the
9 standing water.
10 Q. Does that picture truly and accurately
11 depict the condition of the premises on July 27,
12 1993?
13 A. Yes, it does.
14 Q. And picture -- let me take pictures
15 16, 17, 18, and 19 as a group and tell me what they
16 depict?
17 A. These are additional rusted 55-gallon
18 drums that are located along a boundary away from
19 the central processing area as well as some
20 remaining municipal refuse. And this gives us a
21 perspective as to what is going on on site. We have
22 succeeding vegetation as well as what has been left
23 behind.
24 Q. And do pictures 16 through 19 truly
L.A. REPORTING (312) 419-9292
36
1 and accurately depict the condition of the premises
2 on July 27, 1993?
3 A. Yes, they do.
4 MR. STONE: No further questions.
5 HEARING OFFICER HALLORAN: Thank you.
6 Mr. Stringini, any cross?
7 MR. STRINGINI: Can I take a look at
8 those pictures?
9 MR. STONE: I would ask that Exhibit
10 No. 4 be admitted into evidence.
11 HEARING OFFICER HALLORAN: Any
12 objection to Exhibit No. 4 being admitted
13 into evidence, Mr. Stringini?
14 MR. STRINGINI: No.
15 HEARING OFFICER HALLORAN:
16 Complainant's Exhibit No. 4 is admitted into
17 evidence as was Complainant's Exhibits 1, 2,
18 and 3.
19 C R O S S - E X A M I N A T I O N
20 BY MR. STRINGINI:
21 Q. Were any tests done as to what's --
22 like four feet -- in other words, if you have a
23 hazardous waste, it's going to leach down into the
24 water, deep water. Were any tests done with that
L.A. REPORTING (312) 419-9292
37
1 regard?
2 A. Well, the Illinois Environmental
3 Protection Agency was involved in that part of the
4 field investigation. There is monitoring wells --
5 or there were monitoring wells on site at the time.
6 I don't know if they are still present.
7 Q. In other words, I put that well in.
8 If that's the one you're talking about.
9 A. Well, I believe there's four on site.
10 My understanding, and I do not have the
11 documentation here, is that based on our sample
12 results at the surface, there is significant lead
13 contamination. The impact it has on ground water,
14 I'm not in a position to -- I simply don't have that
15 documentation.
16 Q. Okay. Well, I was just wondering if
17 the layers -- like you have gravel -- in this
18 particular gravel pit, you have gravel that may
19 abandon the pit because there was a -- four feet
20 down there was a thick laborer of clay --
21 MR. STONE: Objection.
22 HEARING OFFICER HALLORAN: I'll allow
23 Mr. Stringini a little latitude.
24 You may proceed.
L.A. REPORTING (312) 419-9292
38
1 BY MR. STRINGINI:
2 Q. There was a layer of clay beneath this
3 and that's why they abandoned it. They couldn't get
4 anymore gravel out and so we felt it was suitable
5 that it wouldn't -- you know, any lead that might be
6 kicked up from recycling the metals would not
7 penetrate the ground water and whatever was left, we
8 could eventually remediate it ourselves?
9 HEARING OFFICER HALLORAN: Is there a
10 question in there?
11 BY MR. STRINGINI:
12 Q. The question is did you ever find that
13 clay or you never looked for it or are you not aware
14 of that?
15 A. Well, when the samples came back for
16 the contamination of the lead, our involvement --
17 our field work ended because it was determined by
18 the IEPA that the contamination was sufficient for a
19 hazardous waste determination and, in fact, from
20 that point on any involvement with an agency related
21 to that site would then revert back to IEPA because
22 our delegation agreement limits us to nonhazardous
23 waste.
24 And sample analysis did indicate the
L.A. REPORTING (312) 419-9292
39
1 level of contamination to be above the listed
2 threshold. So at least at the surface level, their
3 determination was that that material did constitute
4 hazardous waste by definition.
5 Q. Material on the ground --
6 A. On the ground.
7 Q. -- not contained in containers. Okay.
8 You're not a chemist, are you?
9 A. No, I'm not.
10 MR. STRINGINI: Okay. No further
11 questions.
12 HEARING OFFICER HALLORAN: Thank you.
13 Any redirect?
14 MR. STONE: No redirect.
15 HEARING OFFICER HALLORAN: Thank you.
16 You may step down. Thank you very much.
17 MR. STONE: Can Mr. Eisele also be
18 excused? He also has a job in private
19 industry now.
20 HEARING OFFICER HALLORAN: I'm glad to
21 hear we're all employed.
22 MR. STONE: Yeah, right.
23 HEARING OFFICER HALLORAN:
24 Mr. Stringini?
L.A. REPORTING (312) 419-9292
40
1 MR. STRINGINI: I have no objection to
2 that.
3 HEARING OFFICER HALLORAN: Okay. He
4 may be released then.
5 Thank you, sir.
6 (Witness excused.)
7 MR. STONE: At this time, I would call
8 Michael Stringini as an adverse witness.
9 HEARING OFFICER HALLORAN: Okay. You
10 can step up here and then Maria will swear
11 you in.
12 (Witness sworn.)
13 MR. STONE: If you'll excuse me, I
14 left something back in the office.
15 HEARING OFFICER HALLORAN: Okay.
16 We'll go off the record for five minutes.
17 (Whereupon, a short break was
18 had.)
19 MICHAEL S. STRINGINI,
20 called as an adverse witness herein, pursuant to
21 Section 2-1102 of the Code of Civil Procedure,
22 having been first duly sworn, was examined and
23 testified as follows:
24
L.A. REPORTING (312) 419-9292
41
1
2 E X A M I N A T I O N
3 BY MR. STONE:
4 Q. Would you please state your name for
5 the record?
6 A. Michael S. Stringini.
7 Q. And, Mr. Stringini, do you want to be
8 called Mr. Stringini?
9 A. Mike is fine.
10 Q. Okay. And you are the respondent in
11 this case; is that correct?
12 A. Correct.
13 Q. And some place along the line, the
14 hearing officer entered an order that you were to
15 produce certain documents to me and you were
16 supposed to have it by 8:30 today, but you brought
17 it in last week sometime. And this is a --
18 A. That's what I brought.
19 Q. All right. Now, it's in the same
20 condition that you brought it; is that correct?
21 A. That's correct.
22 Q. Okay. I've gone through it, but I
23 left it in the same order that you gave it to me.
24 A. That's fine with me. I hope I can
L.A. REPORTING (312) 419-9292
42
1 throw it away after this.
2 Q. Now, one of the things that you were
3 to produce were receipts of money that you received
4 from Sloan during the period 1980 to 1984 and
5 essentially, is there anything -- these records
6 don't seem to have any of that. Do you have any
7 records that show any particular receipts?
8 A. The check stubs.
9 Q. Do you want to pull those out for me
10 and show me?
11 A. Sure. There's some here (indicating).
12 Q. Okay. So this folder you're saying
13 are check stubs, meaning stubs that you received
14 from Sloan?
15 A. From Sloan, yeah.
16 Q. Then I'd like to mark these as Group
17 Exhibit No. 5. And these are in -- can we leave
18 them in this manila folder, Mr. Stringini?
19 A. Yeah, you can keep it.
20 Q. Okay. So Exhibit No. 5 is a manila
21 folder that has handwriting Sloan sand pickup on the
22 tab?
23 A. Yeah.
24 Q. But, in fact, what you're saying is
L.A. REPORTING (312) 419-9292
43
1 this is a series of check stubs -- would this be
2 your invoice?
3 A. Yeah, that would be my invoice.
4 Q. Okay. And these are invoices with
5 regard to materials that were delivered to the
6 Zimmerman property?
7 A. Yes, that's correct.
8 Q. And these all appear to be in the year
9 1984; is that correct?
10 A. That's correct.
11 (Document marked as
12 Complainant's Exhibit No. 5
13 for identification,
14 3-23-04.)
15 MR. STONE: I would move that Exhibit
16 No. 5 be admitted into evidence.
17 HEARING OFFICER HALLORAN: Any
18 objection, Mr. Stringini?
19 MR. STRINGINI: No.
20 HEARING OFFICER HALLORAN: Okay.
21 Complainant's Group Exhibit No. 5 is admitted
22 into evidence. And I do want to note for the
23 record that the exhibit stickers, some of
24 them have Plaintiff's, but we all know it's
L.A. REPORTING (312) 419-9292
44
1 the complainant, so I just wanted to note
2 that for the record.
3 MR. STRINGINI: Here's another one.
4 Here's another one. Here's another one.
5 BY MR. STONE:
6 Q. These are all 1984, correct?
7 A. Yeah.
8 Q. Now, you've gone through the records
9 that you delivered and these represent all of the
10 records that you have of receipts from --
11 A. It's what I have now and, you know,
12 it's been a long time and a lot of this stuff was
13 just -- because I moved several times and were in
14 several boxes different years and I went through a
15 few -- a couple of audits, IRS audits, and when they
16 were finished, you know, I got rid of the old stuff.
17 Q. But what we've put in the folder
18 that's marked as Exhibit 5 represents all of the
19 records that you have and they are all from 1984?
20 A. If that's what the date is, yes.
21 HEARING OFFICER HALLORAN: Any
22 objection to these additional receipts you've
23 just located to put these in Complainant's
24 Group Exhibit?
L.A. REPORTING (312) 419-9292
45
1 MR. STRINGINI: No, I don't object to
2 it.
3 HEARING OFFICER HALLORAN: Thank you.
4 So admitted.
5 MR. STONE: Thank you.
6 BY MR. STONE:
7 Q. You were also ordered to produce your
8 copies of your tax returns for the years 1980 to
9 1984?
10 A. Right -- 1980 to '84?
11 Q. Yes.
12 A. You mean '83?
13 Q. Maybe it was '83. Did you have any of
14 those?
15 A. Yeah -- well, actually, 2002, I
16 haven't done yet, but I have something here
17 indicating my --
18 Q. By 1980 to 1984 --
19 A. Oh, no, I don't have any of those.
20 Q. So you don't have those records?
21 A. No.
22 Q. Now, you did produce records for the
23 years -- you were also ordered to produce income tax
24 records for the years 2001 and 2002?
L.A. REPORTING (312) 419-9292
46
1 A. Yes.
2 Q. And do you have those?
3 A. Yeah. I gave you 2000, 2001,
4 Schedule K1 on 2002, because I haven't filed it yet,
5 but it shows what I earned. And then -- I'm
6 retired. I don't really get a paycheck anymore.
7 (Document marked as
8 Plaintiff's Exhibit No. 6
9 for identification,
10 3-23-04.)
11 Q. Okay. I'm showing you what we've
12 marked as Exhibit 6. Can you tell me what this
13 document is?
14 A. This is my 2001 tax return.
15 Q. That's your 2001 individual federal
16 tax return?
17 A. Yeah, it's my individual -- my wife
18 and myself -- or my ex-wife and myself.
19 Q. And that shows wages and salaries of
20 $5450.00?
21 A. What was the question?
22 Q. It shows wages, salaries, and tips on
23 line 7 of 5450?
24 A. Yeah, that's correct.
L.A. REPORTING (312) 419-9292
47
1 Q. And on line number 12 on the first
2 page of Exhibit 6 has business income of $2,597?
3 A. Okay.
4 Q. And under your Schedule C, business
5 income, you say that it's for real estate sales; is
6 that correct?
7 A. That might be my ex-wife. I'm not in
8 real estate. I have no --
9 Q. So real estate sales was your former
10 wife?
11 A. Yeah.
12 MR. STONE: All right. I move that
13 Exhibit No. 6 be admitted into evidence.
14 HEARING OFFICER HALLORAN: Any
15 objection, Mr. Stringini?
16 MR. STRINGINI: No.
17 HEARING OFFICER HALLORAN: Exhibit
18 No. 6 -- Complainant's Exhibit No. 6 is
19 admitted into evidence.
20 (Document marked as
21 Complainant's Exhibit No. 7
22 for identification,
23 3-23-04.)
24 BY MR. STONE:
L.A. REPORTING (312) 419-9292
48
1 Q. And I'm showing you what's been marked
2 as Exhibit No. 7, which purports to be your 2001
3 Illinois income tax return with you and your former
4 wife?
5 A. Yeah.
6 MR. STONE: And I move that Exhibit
7 No. 7 be admitted into evidence.
8 MR. STRINGINI: No objection.
9 HEARING OFFICER HALLORAN:
10 Complainant's No. 7 is admitted into
11 evidence.
12 (Document marked as
13 Complainant's Exhibit No. 8
14 for identification,
15 3-23-04.)
16 BY MR. STONE:
17 Q. I'm showing you what we marked as
18 Exhibit No. 8. That is a Schedule K1 for the year
19 2002?
20 A. Right, that was my income, right.
21 Q. And that shows that you received
22 income from Industrial Waste Recycling of $9,227?
23 A. That's correct.
24 Q. And you have not filed your 2002
L.A. REPORTING (312) 419-9292
49
1 income tax returns?
2 A. No. I'm going to do it. I haven't
3 done it.
4 Q. Okay. Did you get an extension to
5 file them?
6 A. No.
7 Q. Just haven't filed them?
8 A. Haven't filed them.
9 MR. STONE: I would move that Exhibit
10 No. 8 be admitted into evidence.
11 HEARING OFFICER HALLORAN: Any
12 objection, Mr. Stringini?
13 MR. STRINGINI: No.
14 HEARING OFFICER HALLORAN:
15 Complainant's Exhibit No. 8 is admitted into
16 evidence.
17 (Document marked as
18 Complainant's Exhibit No. 9
19 for identification,
20 3-23-04.)
21 BY MR. STONE:
22 Q. I'm showing you what we've marked as
23 Exhibit No. 9 for identification, which purports to
24 be an 1120S Form for a corporation by the name of
L.A. REPORTING (312) 419-9292
50
1 Industrial Waste Recycling, Inc.
2 A. Uh-huh.
3 Q. And that is the 2003 tax return?
4 A. Right.
5 Q. And you're saying that this would
6 reflect that you received income in 2003 from this
7 company in the amount of 13,000-something?
8 A. I don't know that that will show that;
9 it may.
10 Q. Well, what shows your income for 2003?
11 A. I had it here. Is it in that other
12 folder there?
13 (Witness perusing
14 the document.)
15 I'm not finding it. It indicated that
16 last year -- well, what is the K1 that I gave you?
17 HEARING OFFICER HALLORAN: The 2002 --
18 oh, excuse me. Here's a K1, 2003 attached to
19 Exhibit 8.
20 MR. STONE: Why don't we remove that
21 then and leave Exhibit 8 --
22 HEARING OFFICER HALLORAN: Okay.
23 Complainant's Exhibit No. 8 is the Schedule
24 K1-2002 tax return.
L.A. REPORTING (312) 419-9292
51
1 MR. STONE: Let's admit Number 9 then,
2 which is the corporate return.
3 MR. STRINGINI: Is that necessary, the
4 corporate return?
5 MR. STONE: Well, you've submitted it
6 and you are an officer and shareholder of the
7 corporation.
8 MR. STRINGINI: Shareholder, yes.
9 That's where I get my income.
10 MR. STONE: Do you object to it being
11 admitted?
12 MR. STRINGINI: No. I just asked.
13 HEARING OFFICER HALLORAN:
14 Complainant's Exhibit No. 9 is admitted into
15 evidence.
16 (Document marked as
17 Complainant's Exhibit No. 10
18 for identification,
19 3-23-04.)
20 BY MR. STONE:
21 Q. And Exhibit 10, do you know what that
22 is?
23 A. That's part of the tax return from the
24 form 1120S, 2003; that goes with that.
L.A. REPORTING (312) 419-9292
52
1 Q. Okay. So that's part of Exhibit
2 No. 9?
3 A. Yeah. It's the asset part of. It's
4 got 10 on it but it's part of 9.
5 (Document marked as
6 Complainant's Exhibit No. 11
7 for identification,
8 3-23-04.)
9 Q. I'm showing you now what we've marked
10 as Exhibit No. 11, which purports to be a Schedule
11 K1 from Industrial Waste Recycling, Inc., for the
12 year 2003 showing an income to you from the
13 corporation of 13,706?
14 A. That's right.
15 MR. STONE: We move that Exhibit
16 No. 11 be admitted into evidence.
17 HEARING OFFICER HALLORAN: Any
18 objection?
19 MR. STRINGINI: No.
20 HEARING OFFICER HALLORAN: Exhibit
21 No. 11 is admitted into evidence.
22 If we could back up a little, I'm
23 still a little confused on this Exhibit 9 and
24 10.
L.A. REPORTING (312) 419-9292
53
1 MR. STONE: Well, 10 I'm not even
2 going to introduce because he said it was
3 part of 9.
4 MR. STRINGINI: Yeah, it shows the
5 assets of the corporation. There's no reason
6 to not put it in there.
7 MR. STONE: What's your question,
8 Mr. Halloran?
9 HEARING OFFICER HALLORAN: Well, we're
10 on Exhibit No. 9 and then we skipped to
11 Exhibit No. 11 with Exhibit No. 10 hanging
12 out there.
13 MR. STONE: Exhibit No. 10 is -- he
14 claimed was a part of 9 except I can't find
15 it.
16 HEARING OFFICER HALLORAN: Well, maybe
17 what he means is it was supposed to be part
18 of 9 and it's not in there.
19 MR. STONE: All right. We'll admit
20 No. 10 then.
21 HEARING OFFICER HALLORAN: Okay.
22 Yeah, let's keep it clean. Exhibit No. 10 is
23 a form 1120S, year 2003. Any objection?
24 MR. STRINGINI: No.
L.A. REPORTING (312) 419-9292
54
1 HEARING OFFICER HALLORAN: Exhibit No.
2 10 is admitted into evidence as is Exhibit
3 No. 9. And 11 was also --
4 MR. STONE: Yes.
5 HEARING OFFICER HALLORAN: And you
6 have no objection to 11?
7 MR. STRINGINI: No objection.
8 HEARING OFFICER HALLORAN: Okay.
9 Exhibit No. 11 is also admitted into
10 evidence.
11 BY MR. STONE:
12 Q. So those represent what you've
13 produced in response to the hearing officer's order
14 with regard to the years 2001, 2002 and you
15 voluntarily provided 2003?
16 A. Yes.
17 Q. You were also ordered to produce a
18 financial statement?
19 A. Right (indicating.)
20 (Document marked as
21 Complainant's Exhibit No. 12
22 for identification,
23 3-23-04.)
24 Q. I'm showing you what's been marked as
L.A. REPORTING (312) 419-9292
55
1 Exhibit No. 12, which is a document dated March 15,
2 2004 which has your name on it on the right-hand
3 side and it says list of assets; is that correct?
4 A. That's correct.
5 Q. And that is what you are submitting as
6 your financial statement?
7 A. That's right.
8 MR. STONE: I move that Exhibit No. 12
9 be admitted into evidence.
10 HEARING OFFICER HALLORAN: Any
11 objection?
12 MR. STRINGINI: No objection.
13 HEARING OFFICER HALLORAN: Exhibit 12
14 is admitted into evidence.
15 BY MR. STONE:
16 Q. Now, with regard to Exhibit No. 12,
17 which is your -- you say you have 400 shares of
18 Industrial Waste Recycling Corp.?
19 A. Uh-huh.
20 Q. What does Industrial Waste Recycling
21 Corporation do?
22 A. Brokers. We broker in hazardous or
23 nonhazardous recycling waste.
24 Q. And does Industrial Waste have permits
L.A. REPORTING (312) 419-9292
56
1 from the EPA?
2 A. It doesn't need a permit. We're
3 brokers. We don't handle any material; we never
4 touch it. All we do is arrange for the pickup and
5 arrange for the delivery.
6 Q. So in this business, Industrial Waste
7 Recycling Corporation, you're essentially doing the
8 same thing now that you were doing back in 1980 to
9 '84 on the Zimmerman property?
10 A. The same thing, no.
11 Q. What's different?
12 A. I'm not doing anything. I'm shipping
13 it to a plant where they're permitted in Canada to
14 recycle the materials that I send them.
15 Q. Okay. So Industrial Waste Recycling
16 doesn't do anything physical?
17 A. Nothing physical, strictly brokers.
18 Q. And do you have an automobile, sir?
19 A. Yes, sir.
20 Q. What kind?
21 A. A Dodge Ram.
22 Q. What year?
23 A. '98.
24 Q. And does it have a debt on it?
L.A. REPORTING (312) 419-9292
57
1 A. Yes, it does.
2 Q. To whom?
3 A. Right over here in Crystal Lake, Great
4 Bank.
5 Q. Okay. And what is your payment on
6 that?
7 A. $269.
8 Q. A month?
9 A. Yes.
10 Q. You don't list that as one of your
11 assets?
12 A. It's not an asset. It's not worth
13 what I'm paying. I paying at 17 percent interest on
14 that.
15 Q. What do you owe on it?
16 A. I don't know the balance on it, but
17 it's more than the car is worth.
18 Q. Okay. You don't show the debt as a
19 liability. You don't show any liabilities on this?
20 A. That would be about the only liability
21 I have.
22 Q. Okay. So you have a debt for this
23 1998 Dodge vehicle and you're paying $269 a month on
24 that?
L.A. REPORTING (312) 419-9292
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1 A. That's right.
2 Q. Do you have any life insurance?
3 A. No. And no hospitalization either.
4 I've had cancer once. I had insurance then.
5 Q. You're renting where you live?
6 A. I'm renting where I live.
7 Q. What is your rent?
8 A. $375 a month. The last couple of
9 years it was 250 until my wife left, and when she
10 left it jumped to 375.
11 Q. What about other monthly expenses do
12 you have, do you pay utilities?
13 A. No gas, just electric.
14 Q. How much is that per month?
15 A. On an average over the year?
16 Q. Uh-huh.
17 A. About $50 a month.
18 Q. And what about telephone?
19 A. Telephone is 40.
20 Q. $40 per month?
21 A. Uh-huh.
22 Q. What other fixed monthly expenses do
23 you have?
24 A. My car insurance.
L.A. REPORTING (312) 419-9292
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1 Q. How much is that per month?
2 A. That's $60 a month.
3 Q. What other monthly --
4 A. No cable, no newspapers. Oh, I got
5 credit card. The limit is $200.
6 Q. $200 a month?
7 A. No, no. The limit on the card is --
8 Q. Oh, it's $200?
9 A. Yeah.
10 Q. Okay.
11 A. My credit was in the dumper, but I
12 think it's better now. That's $20 a month. I'm
13 going to try and pay it off.
14 Q. Okay. Now, it would be your testimony
15 before the Board that your only source of income is
16 through this Industrial Waste Management Recycling
17 Corporation?
18 A. Until three months ago, I started on
19 Social Security. Now I'm getting Social Security.
20 Q. Okay. And how much do you receive in
21 Social Security?
22 A. $1,030.
23 Q. When did that start?
24 A. Third week in January.
L.A. REPORTING (312) 419-9292
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1 Q. And how did you qualify for Social
2 Security?
3 A. I'm 62.
4 Q. Okay.
5 A. I took it early.
6 Q. Do you have any other pensions or
7 other disability payments of any kind?
8 A. Nothing, healthy as a horse, no
9 disabilities.
10 MR. STONE: I believe No. 12 is
11 already admitted?
12 HEARING OFFICER HALLORAN: Yes, it is.
13 MR. STRINGINI: No objection.
14 HEARING OFFICER HALLORAN: No
15 objection. Complainant's Exhibit No. 12 is
16 admitted into evidence.
17 (Document marked as
18 Complainant's Exhibit No. 13
19 for identification,
20 3-23-04.)
21 BY MR. STONE:
22 Q. I'm showing you what's been marked as
23 Plaintiff's Exhibit No. 13 for identification.
24 A. That's me.
L.A. REPORTING (312) 419-9292
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1 Q. Those are pictures that you produced
2 at our request; is that correct?
3 A. Yes.
4 Q. And those are pictures taken in
5 1980 --
6 A. Thereabouts, yeah.
7 Q. -- which shows the start-up of your
8 operations on the Zimmerman property?
9 A. Yes -- well, you know, that's some of
10 it.
11 Q. That's some of it, right?
12 A. Yeah. That's a table and my kids and
13 there's --
14 Q. Now, you saw the pictures that we
15 introduced in 1993. Some of these piles would still
16 be there in 1993; is that correct?
17 A. Yeah, they just would have shrunk.
18 MR. STONE: Okay. I move that
19 Exhibit No. 13 be admitted into evidence.
20 HEARING OFFICER HALLORAN: Any
21 objection?
22 MR. STRINGINI: No.
23 HEARING OFFICER HALLORAN:
24 Complainant's Exhibit No. 13 is admitted into
L.A. REPORTING (312) 419-9292
62
1 evidence.
2 (Document marked as
3 Complainant's Exhibit No. 14
4 for identification,
5 3-23-04.)
6 BY MR. STONE:
7 Q. I'm showing you what's been marked as
8 Exhibit 14.
9 A. Yes.
10 Q. Now, that's a letter from you to Sloan
11 Valve dated September 23, 1981 where you set up your
12 arrangement with them where you were -- the pricing
13 arrangement is that you're going to receive $300 per
14 truckload of foundry sand to be delivered to the
15 Zimmerman property?
16 A. Including the freight. The freight
17 was 150, so yeah -- but 300 is on here. That's
18 right.
19 Q. Okay. Who paid the freight?
20 A. It came out of the 300. I paid the
21 300.
22 MR. STONE: Okay. I move that Exhibit
23 14 be admitted into evidence.
24 HEARING OFFICER HALLORAN: Any
L.A. REPORTING (312) 419-9292
63
1 objection?
2 MR. STRINGINI: No objection.
3 HEARING OFFICER HALLORAN: Plaintiff's
4 14 is admitted.
5 (Document marked as
6 Complainant's Exhibit No. 15
7 for identification,
8 3-23-04.)
9 BY MR. STONE:
10 Q. I'm showing you what's been marked as
11 Exhibit 15, which purports to be a letter from you
12 to Sloan Valve dated October 17, 1983, and that
13 letter is increasing the rate from 450 to 550; is
14 that correct?
15 A. That's right.
16 Q. That would be effective October 5 of
17 1983?
18 A. Yes.
19 MR. STONE: I move that Exhibit No. 15
20 be admitted into evidence.
21 HEARING OFFICER HALLORAN: No
22 objection?
23 MR. STRINGINI: No objection.
24 HEARING OFFICER HALLORAN: Exhibit
L.A. REPORTING (312) 419-9292
64
1 No. 15 is admitted into evidence.
2 (Document marked as
3 Complainant's Exhibit No. 16
4 for identification,
5 3-23-04.)
6 BY MR. STONE:
7 Q. I'm showing you what we marked as
8 Exhibit No. 16, which purports to be a letter dated
9 May 8, 1984 from Sloan Valve to you; is that
10 correct?
11 A. Yeah.
12 Q. And this letter makes reference in
13 there that says: At such time that you raised the
14 price from 300 to 450 and then to 550 -- blahdi,
15 blahdi, blah; is that correct?
16 A. Yeah.
17 Q. Now, do you recall when you raised the
18 price from 300 to 450?
19 A. No, I don't remember.
20 Q. Well, it would have been before
21 October 5 of 1983 sometime?
22 A. You know, you're asking me to guess.
23 It would be between the letter -- right in the
24 middle.
L.A. REPORTING (312) 419-9292
65
1 Q. Well --
2 A. I would accept that.
3 Q. Didn't you -- when you first started
4 doing this, you realized that the amount of metal
5 that you were able to extract from the sand wasn't
6 at the percentage that Sloan -- that you and Sloan
7 thought?
8 A. You know, you've got to remember, I
9 was in scrap metal. I was looking at Sloan's slag
10 grindings, dryer chips and they asked me to look at
11 their sand because for some reason there was a large
12 amount of money that would have to be paid if they
13 had the land filled with sand. I don't know what
14 they were doing before that.
15 Q. The question was didn't you somehow
16 calculate the percentage or recovery you were making
17 from the amount of stuff they were giving you and
18 the amount you were able to extract, like one
19 percent or two percent?
20 A. Yeah. It appeared to be like one or
21 two percent.
22 Q. But when you realized it was less than
23 you thought it was going to be, that was when you
24 raised the price from 300 to 450?
L.A. REPORTING (312) 419-9292
66
1 A. No. When I realized that they weren't
2 going to give me the slag and they weren't -- they
3 were still like stringing me along. I wanted to
4 talk to Bill Sloan. I needed their slag. You
5 couldn't make money or two or three percent in the
6 sand. There's no money to be made there. That was
7 strictly to get the metal which contained the lead
8 out of the sand. I wanted their other scrap.
9 Q. But it would be a fair estimate to say
10 that some time about halfway between the time you
11 started and October 5 of '83 when you raised the
12 price from 450 to 550, you raised the price from 300
13 to 450?
14 A. Yeah, to put pressure on them, I sure
15 did.
16 MR. STONE: Move that 16 be admitted.
17 HEARING OFFICER HALLORAN: Any
18 objection?
19 MR. STRINGINI: No objection.
20 HEARING OFFICER HALLORAN:
21 Complainant's Exhibit 16 is admitted.
22 MR. STRINGINI: One note about that
23 letter, Collier wrote that letter. That was
24 like, I don't know, the same week that I got
L.A. REPORTING (312) 419-9292
67
1 locked out of the gravel pit, so that was
2 sort of a -- you know, to me it was a BS
3 letter, a Bologna letter.
4 MR. STONE: There's no question
5 pending right now, so he's not allowed to
6 offer gratuitous testimony. I move that be
7 stricken.
8 MR. STRINGINI: But if you read it, it
9 sounds like he's telling the truth and he's
10 just covering --
11 MR. STONE: Again, I ask that that
12 testimony be stricken, Mr. Halloran.
13 HEARING OFFICER HALLORAN: I'll allow
14 it. He was qualifying Complainant's Exhibit
15 No. 16.
16 (Document marked as
17 Complainant's Exhibit No. 17
18 for identification,
19 3-23-04.)
20 BY MR. STONE:
21 Q. Okay. I'm showing you what's been
22 marked as Exhibit No. 17, which is a series of what
23 appears to be, I don't know, bills of lading but
24 they're documents that Sloan or somebody would use
L.A. REPORTING (312) 419-9292
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1 when the truckloads were shipped to the Zimmerman
2 property and this exhibit is numbered 3.1 through
3 3.22?
4 You previously admitted in your
5 request to admit that those are genuine documents.
6 Now, what I'd like to ask you is that these appear
7 to be individual truckloads, is that correct, each
8 sheet is a truckload?
9 A. Yeah, it would be truckload 41,000
10 pounds.
11 Q. And those are all during the year
12 1982? You can check those.
13 A. Yeah. Okay.
14 MR. STONE: I move that Exhibit No. 17
15 be admitted into evidence.
16 HEARING OFFICER HALLORAN: Any
17 objection?
18 MR. STRINGINI: No objection.
19 HEARING OFFICER HALLORAN: Exhibit 17
20 is admitted into evidence.
21 MR. STRINGINI: I'm sorry. Can I look
22 at them again? You know there were two
23 different kinds of -- there was one material
24 that was a wheelabrator bag house dust, which
L.A. REPORTING (312) 419-9292
69
1 was sand, which was one of the items that I
2 recycle regularly; it has 20 percent copper.
3 And I found that industry was throwing
4 this away as -- you know, way back in the
5 beginning, I would offer them a couple
6 pennies a pound and they would say, it's not
7 worth it, we'll just throw it away. But
8 there was 20 percent copper in there and
9 that, to me, was -- I could sell that to
10 Nuranda, up in Canada there.
11 And I just want to make sure that that
12 material was held separate and was shipped to
13 Nuranda all through the years that I was
14 handling Sloan's material. I just want to
15 make sure that I'm not saying that this was
16 sent to the gravel pit, but I guess it was
17 because it says Huntley here. Okay.
18 Yeah, that's no problem. Somewhere
19 along the way it had to be wheelabrator or
20 what have you.
21 (Document marked as
22 Complainant's Exhibit No. 18
23 for identification,
24 3-23-04.)
L.A. REPORTING (312) 419-9292
70
1 BY MR. STONE:
2 Q. I'm showing you what's marked as
3 Plaintiff's Exhibit No. 18, which is page
4 numbers 3.23 through 3.139. This purports to be the
5 same type of bills of lading, I guess, you would
6 call them --
7 A. Yeah, bills of lading.
8 Q. -- for the year 1983?
9 A. Okay. Right. No objection.
10 MR. STONE: I move that Exhibit No. 18
11 be admitted into evidence.
12 HEARING OFFICER HALLORAN: 18 is
13 admitted into evidence.
14 (Document marked as
15 Complainant's Exhibit No. 19
16 for identification,
17 3-23-04.)
18 BY MR. STONE:
19 Q. I'm showing you what's marked as
20 plaintiff's Exhibit 19, which purports to be the
21 same type of bills of lading for the year 1984.
22 A. Okay.
23 Q. That is pages 3.140 through 3.186.
24 A. The only thing that troubles me on
L.A. REPORTING (312) 419-9292
71
1 this is, like I said, I want to make sure they don't
2 put the wheelabrator dust in here because the dust
3 is a hazardous waste if you landfill it. If you
4 sell it to a copper mining operation, that's
5 perfectly legal. That's what the EPA said --
6 Q. These bills of lading reflect that
7 this material was being shipped to the Zimmerman
8 property?
9 A. I know, but none of my people have
10 signed these bills of ladings and it's like, you
11 know, I don't know who BO is or, you know --
12 Q. I understand.
13 A. They're all the same there, BO, right,
14 on these bill of ladings?
15 HEARING OFFICER HALLORAN: I'm looking
16 at Plaintiff's Exhibit No. 18. It looks
17 like BC or BO.
18 MR. STRINGINI: All right. Yeah, no
19 problem.
20 MR. STONE: I move that Exhibit 19 be
21 admitted into evidence.
22 MR. STRINGINI: No objection.
23 HEARING OFFICER HALLORAN: Plaintiff's
24 Exhibit 19 is admitted into evidence without
L.A. REPORTING (312) 419-9292
72
1 objection.
2 (Document marked as
3 Complainant's Exhibit No. 20
4 for identification,
5 3-23-04.)
6 BY MR. STONE:
7 Q. I'm showing you what's been marked as
8 Exhibit No. 20, which purports to be a series of
9 invoices, I believe, that are copies of the same
10 invoice that you previously submitted?
11 A. Yes, right -- well, it might be
12 copies. There may be some missing.
13 Q. Do those represent materials delivered
14 to Zimmerman during the year 1984?
15 A. Yes.
16 MR. STONE: Okay. I move that Exhibit
17 No. 20 be admitted into evidence.
18 HEARING OFFICER HALLORAN: Any
19 objection, sir?
20 MR. STRINGINI: No.
21 HEARING OFFICER HALLORAN:
22 Complainant's Exhibit No. 20 is admitted into
23 evidence.
24 BY MR. STONE:
L.A. REPORTING (312) 419-9292
73
1 Q. These monthly expenses that you
2 testified to earlier have been going on for more
3 than a year?
4 A. Well, you know what, you've got to
5 realize, first of all, I was living with my son and
6 my ex-wife -- she hadn't yet -- and myself, so any
7 bills like, for instance, if the electric came in
8 and it was $80, it was split three ways. The phone
9 bill was split three ways. The rent was split three
10 ways. Everything was split three ways.
11 Q. When did that stop?
12 A. She moved out I would say in December.
13 Q. December of what year?
14 A. December of last year, 2003.
15 MR. STONE: I have no further
16 questions.
17 HEARING OFFICER HALLORAN: Okay. You
18 may step down, sir.
19 MR. STRINGINI: Okay.
20 (Witness excused.)
21 HEARING OFFICER HALLORAN: Have you
22 rested in your case in chief, Mr. Stone?
23 MR. STONE: We rest.
24 HEARING OFFICER HALLORAN: Let's take
L.A. REPORTING (312) 419-9292
74
1 a five-minute break. And, Mr. Stringini,
2 when we come back, you can present your case
3 in chief. I don't think you have any
4 witnesses but, if not, you're still under
5 oath and you can stay up here and give a
6 summary or a narrative of your side.
7 MR. STRINGINI: Thank you.
8 HEARING OFFICER HALLORAN: We're off
9 the record.
10 (Whereupon, after a short
11 break was had, the
12 following proceedings
13 were held accordingly.)
14 HEARING OFFICER HALLORAN: We took a
15 short break. Mr. Stone, the Complainant, has
16 rested in his case in chief, and we have
17 Mr. Stringini who is still under oath and he,
18 I believe, wishes to give a summary, a
19 narrative of his side of the case.
20 You may proceed. And, Mr. Stone, you
21 may cross when he's through.
22 MR. STRINGINI: I'd like to start with
23 back in 1979 or 1980, whenever I started on
24 this, I'm not really sure of the date, but I
L.A. REPORTING (312) 419-9292
75
1 did get the -- there were several books,
2 Environmental Protection Act, and I went
3 through them looking for something in there
4 about scrap metal and what I found was that
5 scrap metal was exempt front EPA regulations.
6 There are no rules under the EPA for
7 scrap metal and so I went at this recycling
8 of the sand as I would scrap metal. I was
9 after -- I was a scrap metal man. I wasn't a
10 waste person. I never land filled anything.
11 I just was scrap.
12 I didn't have any money, so I couldn't
13 get big accounts, so I was stuck with looking
14 at the waste and I found waste. I found 20,
15 30, 40 percent copper being thrown way. It
16 was amazing. I spent my own money.
17 I traveled to Morenci, Arizona and I
18 visited a copper mine, Felbtsdodge, and I saw
19 the money they spent to get a half of one
20 percent copper out of the rock. And then
21 they would make a copper matt, which was a
22 concentrated copper,
23 20 percent, that's what they put in the
24 furnace and that's what gave them the copper.
L.A. REPORTING (312) 419-9292
76
1 Well, industry was throwing 20
2 percent, you know, you didn't have to go dig
3 it up. You didn't have to -- but they didn't
4 want the material, so I looked around and I
5 found Nuranda Minerals and Mining Company in
6 Quebec, and they were interested in the
7 material because they could use the silica as
8 part of their flux.
9 They needed sand for flux at a copper
10 mine. They were buying new sand. Here I
11 could deliver sand for nothing, you know, and
12 they had copper values. They would pay me
13 for the copper. So this bag house dust,
14 which is really the hazardous material coming
15 out of foundries, brass foundries, was what I
16 would ship to Nuranda.
17 I would send it to a warehouse in
18 Chicago and they would load it into a car, a
19 rail car, and I would ship that to Nuranda.
20 Incidentally, the railroads turned around and
21 sued me because they didn't charge me enough
22 freight and I, you know -- everybody is suing
23 me.
24 It was never my intention to abandon
L.A. REPORTING (312) 419-9292
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1 the site. It was never my intention to
2 landfill the material. I was locked out by
3 Zimmerman, Jerry Zimmerman contrary to his
4 father, Norman Zimmerman's, agreement with
5 me, which I made with him that I would pay my
6 debt down gradually.
7 I got a phone call from Jerry when his
8 dad, Norman, was on vacation and he said, pay
9 up or you're out. I couldn't pay up. I
10 didn't have the money and so they locked me
11 out and then they sued me via Mr. Stone.
12 I gave a deposition by my attorneys.
13 I flew in attorneys I couldn't afford, but a
14 friend of mine that was with me, Neil Miller,
15 his brother, Norman Miller, was a big shot
16 attorney downtown and so he fought for me,
17 and the Zimmermans dropped their suit because
18 they had locked me out, I think.
19 I mean, they ruined me really, because
20 I had backing up to that point. I had
21 backing with Northwest Industries, and the
22 intention was to turn that silica into glass,
23 brake it up, and use it for Portland cement.
24 And if I couldn't do it, there were
L.A. REPORTING (312) 419-9292
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1 plenty of cement plants around that would do
2 it once the brass was removed. The brass is
3 a bad contaminant because it has lead. But
4 it's brass. It's not some, you know,
5 radioactive material; it's brass, metal.
6 It wasn't even oxide. The oxides were
7 recycled at Nuranda, but the metal -- anyway,
8 special waste is not hazardous waste, but if
9 you landfill special waste and the weather
10 gets to it, it will turn green and it will
11 start leaching; that's nature.
12 The material that was in drums was
13 actually concentrated product that was
14 intended for sale, and I would have run the
15 sand had I had a chance, but I was locked
16 out, never made much money out of it.
17 When Norman called me and said, hey, I
18 want to plow that stuff under, I said, you
19 better not do that because I didn't finish
20 cleaning it. So he called the EPA and that's
21 when the whole thing -- and then my lawyer
22 said stay out because Norman and his sons
23 were -- they gave us a hard time, my workers,
24 they would -- you know, rough guys. That's
L.A. REPORTING (312) 419-9292
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1 it.
2 HEARING OFFICER HALLORAN: Okay.
3 Mr. Stone any cross?
4 MR. STONE: No.
5 HEARING OFFICER HALLORAN: Okay.
6 Thank you. You may step down.
7 MR. STRINGINI: Thank you very much.
8 HEARING OFFICER HALLORAN: Do you have
9 any witnesses today?
10 MR. STRINGINI: No, I don't.
11 HEARING OFFICER HALLORAN: So you've
12 rested in your case in chief?
13 MR. STRINGINI: Yeah.
14 HEARING OFFICER HALLORAN: Mr. Stone,
15 any rebuttal?
16 MR. STONE: No rebuttal.
17 HEARING OFFICER HALLORAN: All right.
18 Before I forget, I'll make a credibility
19 determination on the witnesses and based on
20 my legal experience, judgment, and
21 observations, I find that there are no
22 credibility issues with any of the witnesses
23 that testified here today.
24 With that said, Mr. Stone, would you
L.A. REPORTING (312) 419-9292
80
1 like to proceed with your closing?
2 MR. STONE: I would.
3 HEARING OFFICER HALLORAN: Thank you.
4 C L O S I N G A R G U M E N T
5 BY MR. STONE:
6 As the Board knows, we've already
7 ruled that there should be a civil penalty in
8 this case, therefore, only those elements
9 considered under paragraphs 1 through 5 of
10 paragraph H of Section 42 is relevant to the
11 matter of determining a civil penalty.
12 The first element is the duration and
13 gravity of the violation. The evidence
14 contains photographs of the property in 1980
15 and 1993 which would indicate to anyone
16 viewing those photographs that Mr. Stringini
17 began depositing materials on that land in
18 1980.
19 And some 13 years later, the pictures
20 graphically show that what is deposited there
21 looks like a tremendous amount of waste
22 material. The respondent has stipulated that
23 the cost to remedy this situation to Sloan
24 Valve was in excess of $500,000.
L.A. REPORTING (312) 419-9292
81
1 And the testimony from Mr. Richard
2 Zimmerman indicated that the cost to remedy
3 the situation for them was over $100,000,
4 therefore, the gravity of this situation is
5 in the three-quarter million dollar range,
6 which makes this a tremendously grave
7 situation.
8 And in fact, the record which showed
9 that the remediation didn't take place until
10 1998 and, therefore, that material sat there
11 leaching for some 18 years.
12 The second element is the presence or
13 absence of due diligence on the part of the
14 violator in attempting to comply with the
15 recurrence of this act and regulations
16 thereunder are to secure relief from there
17 that is provided by this Act.
18 Well, it's pretty obvious that
19 Mr. Stringini thinks that he didn't do
20 anything wrong. He still thinks he didn't do
21 anything wrong, which is rather bizarre in
22 view of the fact that the Board has already
23 found him guilty of the violations.
24 And the fact that he thinks he's
L.A. REPORTING (312) 419-9292
82
1 exempt when he isn't isn't of any particular
2 relevance, but the fact of the matter is that
3 he didn't do anything. He just assumed that
4 he could do this operation and, in fact, the
5 operation was illegal from the get-go.
6 Therefore, there is no evidence of due
7 diligence on his part other than the
8 mistakened belief that he could do whatever
9 he wanted. Any economic benefits -- the
10 third element is any economic benefits
11 accrued by the violator because of the delay
12 in compliance with the requirements.
13 Well, the testimony of Mr. James Moore
14 indicates that had Mr. Stringini complied
15 with the EPA regulations, a conservative
16 estimate of the cost of that would be about
17 $110,000. His testimony can be reviewed, but
18 it was $50,000 for the permits, $10,000 for
19 fencing, and $50,000 for monitoring -- water
20 monitoring.
21 In addition, the benefit to
22 Mr. Stringini -- we put in a lot of records
23 of the -- obviously, were so far removed from
24 this, the records are somewhat difficult to
L.A. REPORTING (312) 419-9292
83
1 get, but in the exhibits with the bills of
2 lading, the Board will find that in 1982, we
3 have records of 21 truckloads of materials
4 delivered to the premises.
5 Again, we don't know when he increased
6 his price from 300 to 450. He testified it's
7 got to be sometime between -- he started on
8 October 5 of 1983, which would make 1982 at
9 the 450, but I'm putting in 21 trucks at $300
10 would be 63,000 of gross profits.
11 In 1983, there are 77 loads prior to
12 October 5 of 1983 and 33 loads after
13 October 5 of 1993, which would produce gross
14 revenues to Mr. Stringini of $52,800. And
15 then in 1984, there were 46 loads of bills of
16 lading at $550 and would have produced
17 $25,3000 of gross revenue to Mr. Stringini.
18 And then Mr. Stringini testified that
19 he -- and he submitted invoices in 1984 to
20 Sloan Valve and those invoices are in
21 Exhibit, I believe, 5, which is his folder of
22 materials and then my Exhibit No. -- I
23 believe it's 19 or 18. I better view that.
24 HEARING OFFICER HALLORAN:
L.A. REPORTING (312) 419-9292
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1 (Indicating.)
2 MR. STONE: I'm sorry, Exhibit No. 20,
3 my last exhibit, those invoices for year 1984
4 total $135,917.88. So Mr. Stringini's
5 activities conservatively estimated are close
6 to -- or a little over $220,000 of gross
7 revenue, so, you know, obviously, he wasn't
8 paying his rent, wasn't paying for the
9 delivery.
10 By his own testimony, he had some kind
11 of arrangement with Mr. Zimmerman about
12 making the payments for his arrearages. So
13 he has benefited substantially by his
14 activities that are in violation of the EPA
15 Act.
16 The fourth element is the amount of
17 monetary penalty which will serve to defer
18 further violations by the violator to
19 otherwise aide enhancing voluntary compliance
20 with this act by the violator and other
21 persons similarly subject to the Act.
22 You know, this is kind of like playing
23 God a little bit. I think it's up to the
24 Board to decide what that monetary penalty
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1 should be to defer people similarly situated
2 to Mr. Stringini. The bottom line is I don't
3 know that Mr. Stringini can be deferred. He
4 doesn't think he's violating the law.
5 So it would seem to me to get somebody
6 like him to pay attention, you would need a
7 substantial penalty. You have to ring his
8 bell to say you can't do this in the State of
9 Illinois. You just can't dump tons of
10 materials that are hazardous on property and
11 walk away from it.
12 And then the fifth element is the
13 number of proximity, time, and gravity of the
14 previously adjudicated violation of this Act
15 by the violator. I don't have any -- there
16 is no evidence that he has done this in the
17 past, but there's certainly evidence that he
18 may do it in the future.
19 And then the final element that isn't
20 in the subchapter H of 42 would be his -- the
21 hardship that the penalty would impose on
22 Mr. Stringini, and the Board certainly
23 mentioned that in it's opinion order with
24 regard to the summary judgment, it's pretty
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1 obvious that at this point in his life he
2 doesn't have much. He has very little
3 assets.
4 I suppose I could extrapolate and try
5 to say, well, why is he paying $9600 a year
6 in expenses when he only makes $13,000 and
7 nobody could live on that, but I don't know
8 that that's worth the effort.
9 I think the Board has to, in this
10 case, take into consideration the seriousness
11 of the offense. You know, two other people
12 spent close to -- at least over $600,000. It
13 seems to me that the penalty should be -- he
14 should share in that and his penalty should
15 be equal to his share of the cost of
16 remediation.
17 And I believe in my motion for summary
18 judgment, I ask for a $200,000 penalty, and I
19 guess the People would stand with that
20 position that we would like a penalty of
21 $200,000. Thank you very much for your time.
22 HEARING OFFICER HALLORAN: Thank you,
23 Mr. Stone.
24 Mr. Stringini, closing?
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1 C L O S I N G A R G U M E N T
2 BY MR. STRINGINI:
3 You know, there aren't too many people
4 that recycle waste. You were back there at
5 the time, Mr. Stone, when the deposition was
6 given and you know very well that I was
7 locked out. I was locked out. It was a
8 legitimate recycling operation. I had spent
9 40,000, 50, 60, 70, 80,000 on equipment.
10 Sloan Valve, unbeknownst to anybody
11 here, had made some commitments to me and
12 didn't follow through. And to me, if they
13 paid that much to clean up, they should have.
14 Because of the wisdom of our Congress, they
15 made it cradle the grave so that companies
16 like Sloan Valve couldn't come along and grab
17 a scrap metal man and stick it to him real
18 good.
19 And then the state comes along not
20 knowing anything about the nature of the
21 beast, we're talking about brass, not poison,
22 brass with lead, it needs to be handled
23 properly. I had my kids around there.
24 I handled it properly; it's metal. I
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1 don't feel I did anything wrong. The
2 Zimmermans locked me out because they had one
3 son that was a jerk.
4 Norman was a great kid, but Jerry was
5 just an inconsiderate -- he ruined me. I
6 could have gone a long way with this.
7 There's people in Canada that are doing this
8 now and are making a lot of money. I'm
9 finished. I'm out of the business, and I
10 think I've been finished enough. I've lost
11 everything, my business, ever penny I put
12 into it.
13 Everybody sued me, the equipment
14 companies, my lawyers, railroads, Zimmerman
15 originally and you know what, I fought them
16 all and compromised. And I would ask that
17 the Board consider that I'm not a lawyer.
18 I'm a simple person, started as a butcher,
19 not a very big education.
20 I wanted to go into my own business
21 and I had, you know, a guy bring me into the
22 scrap metal business, and I was basically a
23 scrap metal man looking for accounts. Sloan
24 Valve offered me a good chance to make some
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1 decent money and I took it and went forward
2 with it because I was specializing in foundry
3 scrap.
4 And wasn't aware of the problem with
5 the sand, the metal being the problem.
6 Wheelabrator dust was a different problem.
7 That had not so much metal, but oxides and
8 metal mixed. That was handled properly. I
9 shipped that to Nuranda where it was
10 recycled, not land filled. Landfills are
11 running out. You know, the thing was either
12 recycle, eliminate or treat.
13 I even bought a treatment plant in the
14 end in the event that things didn't work out.
15 I spent good money on that, all for nothing.
16 Sloan Valve pulled the rug out from under me.
17 They even went as far as to go to equipment
18 companies and look at equipment as if they
19 were going to -- yeah, Mike, okay, we'll go
20 along with you, we're going to do this, you
21 know, and they dumped me.
22 So Zimmerman dumped me and Sloan
23 dumped me and now you want to stick it to me,
24 the state. I don't think the People want you
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1 to do that if they really knew what went on
2 there. I'm a recycler and I'm recycling
3 waste. And even now the EPA is still
4 throwing away stuff.
5 Do you think the EPA would say, Mike,
6 you could recycle this stuff, we're going to
7 give some leads? No. I've got to go to the
8 EPA or what is it, right of knowledge, right
9 of knowing or something and get the books and
10 go through them. I just don't want to do
11 that anymore. I'm tired. I'm finished.
12 That's it.
13 HEARING OFFICER HALLORAN: Thank you
14 Mr. Stringini.
15 Any rebuttal?
16 MR. STONE: No rebuttal.
17 HEARING OFFICER HALLORAN: Okay.
18 Thank you.
19 When we were off the record, we
20 discussed a post-hearing briefing schedule.
21 We came to the conclusion that the transcript
22 will be ready on April 2, 2004 and you can
23 download that, print it from our web site.
24 And with that, we've agreed that the
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1 complainant's brief is due on or before
2 May 3.
3 The respondent's post-hearing brief is
4 due on or before June 2, 2004 and the
5 complainant's reply, if any, is due on or
6 before June 17, 2004 and I will also set
7 public comment on or before April 16, 2004.
8 And if there's no other questions or
9 anything -- I do want to thank McHenry County
10 for their hospitality, Mr. Stone, and I do
11 want to thank both parties for their civility
12 throughout the proceedings.
13 Thank you very much. Have a safe
14 drive home.
15 (Which were all the proceedings
16 had in the above-entitled cause
17 on this date.)
18
19
20
21
22
23
24
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1 STATE OF ILLINOIS )
) SS.
2 COUNTY OF DUPAGE )
3
4
5 I, MARIA E. SHOCKEY, CSR, do
6 hereby state that I am a court reporter doing
7 business in the City of Chicago, County of DuPage,
8 and State of Illinois; that I reported by means of
9 machine shorthand the proceedings held in the
10 foregoing cause, and that the foregoing is a true
11 and correct transcript of my shorthand notes so
12 taken as aforesaid.
13
14
15 _____________________
Maria E. Shockey, CSR
16 Notary Public,
DuPage County, Illinois
17
18 SUBSCRIBED AND SWORN TO
before me this ___ day
19 of ________, A.D., 2004.
20
_________________________
21 Notary Public
22
23
24
L.A. REPORTING (312) 419-9292