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BEFORE THE ILLINOIS
POLLUTION CONTROL BOARD
CITIZENS UNITED FOR A )
RESPONSIBLE ENVIRONMENT, )
)
Petitioner, ) PCB 96-238
)
v. )
)
BROWNING-FERRIS INDUSTRIES )
OF ILLINOIS, INC., and ) July 16, 1996
VILLAGE BOARD OF THE VILLAGE )
OF DAVIS JUNCTION, ILLINOIS, ) Davis Junction
) Village Hall,
Respondent. ) Davis Junction, IL
Hearing commenced at 9:25 a.m.
BEFORE:
HEARING OFFICER MICHAEL L. WALLACE,
Illinois Pollution Control Board,
600 South Second Street, Suite 402,
Springfield, Illinois, 62704
REPORTER:
Carrie L. Vaske,
Certified Shorthand Reporter,
Ashton, Illinois
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APPEARANCES:
ATTORNEY KIM KRAHENBUHL,
of the firm of Williams & McCarthy,
601 Washington Street,
Oregon, Illinois, 61061
Counsel for CURE.
ATTORNEY GERALD CALLAGHAN and
ATTORNEY ANN ZWICK,
of the firm of Freeborn & Peters,
311 South Wacker Drive,
Chicago, Illinois, 60606-6677
Counsel for BFI.
ATTORNEY DENNIS SCHUMACHER and
ATTORNEY BRIAN BUZARD,
of the Law Offices of Dennis Schumacher,
111 East Hitt Street,
Mt. Morris, Illinois, 61054
Counsel for the Village.
ALSO PRESENT: Tim Hess, Concerned Citizen and
James Ambroso of BFI.
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MR. WALLACE: Pursuant to the direction
of the Illinois Pollution Control Board I
now call docket PCB 96-238. This is
Citizens United for a Responsible
Environment versus Browning-Ferris
Industries of Illinois, Inc., and the
Village Board of the Village of Davis
Junction, Illinois.
If I could I have appearances for
the record, please, for the Petitioner.
MR. KRAHENBUHL: Kim Krahenbuhl,
K-r-a-h-e-n-b-u-h-l, Attorney for Citizens
United for a Responsible Environment.
MR. WALLACE: For the City, please or
the Village.
MR. SCHUMACHER: Dennis Schumacher,
Brian Buzard, Law Offices of Dennis
Schumacher for the Village of Davis
Junction.
MR. WALLACE: And for BFI.
MR. CALLAGHAN: Gerald Callaghan and
Ann Zwick from the law firm of Freeborn and
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Peters, and also James Ambroso from
Browning-Ferris Industries.
MR. WALLACE: Let the record reflect
there are no other appearances at today's
hearing. Are there any members of the
public that wish to be noted as being
present this morning?
MR. HESS: Yes.
MR. WALLACE: Your name, sir.
MR. HESS: Tim Hess, H-e-s-s.
MR. WALLACE: Anyone else? All right,
thank you. I received yesterday afternoon
the stipulation which apparently pretty well
takes care of this morning's activities.
Mr. Krahenbuhl, do you want to
address that at all?
MR. KRAHENBUHL: Yes. The Petitioner
has no evidence or information to provide
today. We will stand on our brief and our
argument will be made in the brief we will
file with the Pollution Control Board I
believe in two weeks.
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MR. WALLACE: Mr. Callaghan?
MR. CALLAGHAN: We will do the same.
Browning-Ferris will rely on the record that
was presented at the local siting hearing
and make all argument in its brief as well.
MR. WALLACE: And Mr. Schumacher for
the Village?
MR. SCHUMACHER: And I think we're just
taking the position of traveling along with
the other parties in this matter just to
respond to anything as far as any procedural
issues that we feel that we need to address,
but other than that, I think we're kind of
viewing ourselves as a neutral party in this
proceeding.
MR. WALLACE: All right, so there being
no witnesses to be called, no further
evidence to be introduced at this time,
before me here on the podium, I don't know
exactly how many exhibits, these are the
exhibits that were not included in the
record submitted to the Board.
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It's my intention to take these
with me to the Board's office in Chicago
today. I don't have an exact num -- the
exact numbers. I will rely on the chart
that was submitted with the motion if that's
agreeable to everyone.
MR. CALLAGHAN: Mr. Wallace, for the
record, if I may, many of the exhibits --
these are the actual large size exhibits.
Many of them were in reduced form admitted
into evidence at the hearing, and it was
simply the full-sized version that I think
the parties agreed that it would be easier
for the record not to have them, but they
certainly, I think would be of assistance to
the Board in making its decision.
MR. WALLACE: All right. Do you think
that all of them have been reduced or
just --
MR. CALLAGHAN: No, some of them I
think were actual -- and I don't have my
complete witness list. For example, there
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is -- BFI Exhibit No. 51 is a chart that was
produced at the hearing. That was admitted
into evidence, I believe. All of this would
be reflected in the record as to those
exhibits which were admitted and those which
were produced subsequently as issues arose
at the hearing, but certainly in the
transcript of the proceedings you'd be able
to tell which ones. And if you would like
we could provide you with an exhibit list as
we understand it.
MR. WALLACE: That would probably be
convenient for the Board.
MR. CALLAGHAN: Sure, okay.
MR. WALLACE: As you're aware, I don't
write up the order. The Board itself will
issue the opinion and order, and having
these exhibits in the Chicago office for
their reference may be helpful to the Board
members as they write the opinion.
MR. SCHUMACHER: May I ask for today
for this proceeding, would it be possible or
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do we need to identify the exhibits today
that you're taking to distinguish those that
may have been considered or reviewed prior
to this or explaining which is where.
MS. ZWICK: They were all listed in the
motion. We filed a motion.
MR. SCHUMACHER: All of these that are
here today?
MS. ZWICK: Yeah. We filed a motion to
exclude these from having to make extra
copies so they're all listed.
MR. SCHUMACHER: So they're all
identified.
MS. ZWICK: They're all identified.
MR. SCHUMACHER: Thank you.
MR. WALLACE: If we go by Exhibit A of
the attachment to the motion to waive the
requirement to file copies of certain
documents comprising the record, I assume
that that would be the exhibits --
MS. ZWICK: Yep, those are them.
MR. WALLACE: -- present today.
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MR. SCHUMACHER: Okay, good. I just
want to make sure we have a record showing
that.
MS. ZWICK: Yeah, we put down -- we
tried to put down the exhibit number from
the hearing so I don't know if they need
another list or not. That's it.
MR. WALLACE: That sounds like that
would be fine then, and since these are the
only existing copies, according to the
Board's order they do become part of the
record submitted to the Board. I do not
know if they are returnable or not. You can
make a request after the opinion and order
is issued for a request for the exhibits to
be returned if you so desire, and the Board
will rule upon that. That's entirely up to
you. I know it's been done in the past.
I quite frankly am not sure what
the Board's requirements are on keeping
these types of exhibits, so I leave that
with you as an option if you were to desire
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to try to get them back at some point in
time down the road.
The briefing schedule was set.
Anyone have any amendments or is that
acceptable as is?
MR. CALLAGHAN: We would request one
thing, Mr. Wallace, and that is because I
believe there's a two week turn around, we
have two weeks to respond to the
Petitioner's brief, if we could get that
faxed to us it would certainly help us in
preparing our brief. So I would ask
Mr. Krahenbuhl as a matter of courtesy if
he'd be willing to do that, and if not -- we
will be glad to do the same to you.
MR. KRAHENBUHL: We'll have it to you
by the date, because we're going to file it
before the date.
MR. CALLAGHAN: Fine.
MR. KRAHENBUHL: Because I'm going to
be gone on vacation.
MR. CALLAGHAN: We do have priorities.
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MR. WALLACE: So then the initial brief
is due July 29th, a response August 12th and
a reply August the 19th. Those are the
dates established.
The deadline in this case has been
waived to September 19th. That is the Board
meeting for that. The second Board meeting
of September is on the 19th, so that the
decision should be entered either -- well,
I'm assuming the Board will act on this case
on that date. Absent any additional waiver
the Board has to act upon that date. Is
there any --
MS. ZWICK: Do you know what time that
hearing will be, the Board meeting is?
MR. WALLACE: The Board convenes at
10:30.
MS. ZWICK: 10:30.
MR. WALLACE: BFI is not -- you're not
waiving the deadline any further out at this
time.
MR. CALLAGHAN: Right.
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MR. WALLACE: All right. Anything else
from the parties, Mr. Krahenbuhl?
MR. KRAHENBUHL: I have nothing
further.
MR. WALLACE: Mr. Callaghan?
MR. CALLAGHAN: Nothing.
MR. WALLACE: Mr. Schumacher?
MR. SCHUMACHER: Nothing further.
MR. WALLACE: Mr. Hess, do you wish to
make a statement as a member of the public
for the record?
MR. HESS: No, my comments will take
care of that.
MR. WALLACE: I'm sorry, sir?
MR. HESS: The comments I'm filing will
take care of that.
MR. WALLACE: Okay. You wish to file
comments to the Pollution Control --
MR. HESS: Be written comments as per
the -- I don't exactly remember the number
of the document that was filed in the local
papers here.
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MR. WALLACE: Okay. Our docket number
is PCB 96-238.
MR. HESS: It's a different issue. I
realize that. Sorry.
MR. WALLACE: I'm merely asking you if
you want to make --
MR. HESS: No, sir.
MR. WALLACE: -- any oral comments for
the record today --
MR. HESS: No, thank you.
MR. WALLACE: -- on the siting process
for the Orchard Hill Site.
MR. HESS: No, thank you.
MR. WALLACE: Thank you. I believe
that's all. Thank you very much. This
record is closed.
(The hearing was concluded at 9:36
a.m.)
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BEFORE THE ILLINOIS
POLLUTION CONTROL BOARD
CITIZENS UNITED FOR A )
RESPONSIBLE ENVIRONMENT, )
)
Petitioner, ) PCB 96-238
)
v. )
)
BROWNING-FERRIS INDUSTRIES )
OF ILLINOIS, INC., and )
VILLAGE BOARD OF THE VILLAGE )
OF DAVIS JUNCTION, ILLINOIS, )
)
Respondent. )
I, Carrie L. Vaske, hereby certify
that I am a Certified Shorthand Reporter of
the State of Illinois; that I am the one who
by order and at the direction of the Hearing
Officer, Michael Wallace, reported in
shorthand the proceedings had or required to
be kept in the above-entitled case; and that
the above and foregoing is a full, true and
complete transcript of my said shorthand
notes so taken.
Dated at Ashton, Illinois, this
18th day of July, 1996.
Carrie L. Vaske
Registered Professional Reporter
Certified Shorthand Reporter
Illinois License No. 084-003845
8991 South Prairie Road
Ashton, Illinois 61006
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