1 BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
2
3 PEOPLE OF THE STATE OF ILLINOIS,
4 Petitioner,
5 vs. No. PCB 95-091
6 WASTE HAULING LANDFILL, INC.,
7 and WASTE HAULING, INC.,
8 Respondents.
9 and
10 WASTE HAULING LANDFILL, INC.,
11 and WASTE HAULING, INC.,
12 Cross-claimants,
13 vs.
14 BELL SPORTS, INC.,
15 Cross-Respondent.
16
17
Proceedings held on May 19, 1997, at
18 10:00 a.m., at the Office of the Attorney General,
Conference Room, 500 South Second Street,
19 Springfield, Illinois, before the Honorable Michael
L. Wallace, Hearing Officer.
20
21 Reported by: Darlene M.
Niemeyer, CSR, RPR
CSR License No.: 084-003677
22
23 KEEFE REPORTING COMPANY
11 North 44th Street
24 Belleville, IL 62226
(618) 277-0190
1
KEEFE REPORTING COMPANY
Belleville, Illinois
1 A P
P E A R A N C E S
2
STATE OF ILLINOIS, OFFICE OF THE ATTORNEY
3 GENERAL
BY: Thomas Davis, Esq.
4 Chief, Environmental Bureau
and
5
Maria M. Menotti, Esq.
Assistant Attorney General,
6 Environmental Bureau
500 South Second Street
7 Springfield, Illinois 62706
On behalf of the People of the State of
8 Illinois.
9 ILLINOIS ENVIRONMENTAL PROTECTION AGENCY
BY: Gregory Richardson, Esq.
10 Assistant Counsel
2200 Churchill Road
11 Springfield, Illinois 62794-9276
On behalf of the Illinois Environmental
12 Protection Agency.
13 SIDLEY & AUSTIN
BY: Byron F. Taylor, Esq.
14 Ira Jack
Nahmod, Esq.
One First National Plaza
15 Chicago, Illinois 60603
On behalf of Cross-Respondent, Bell
16 Sports, Inc.
17 WILLOUGHBY, LATSHAW & HOPKINS, P.C.
BY: K. Michael
Latshaw, Esq.
18 502 West Prairie
Decatur, Illinois 62525
19 On behalf of Respondents/Cross-Claimants,
Waste Hauling Landfill, Inc. and Waste
20 Hauling, Inc.
21 WEBBER & THIES, P.C.
BY:
Phillip R. Van Ness, Esq.
22 202 Lincoln Square
Urbana, Illinois 61803-0189
23 On behalf of Respondents/Cross-Claimants,
Waste Hauling Landfill, Inc. and Waste
24 Hauling, Inc.
2
KEEFE REPORTING COMPANY
Belleville, Illinois
1 I N D E X
2 WITNESS PAGE NUMBER
3
4 William E.
Zierath 7, 60, 76, 77, 82, 84
5
6 Gerald R. Riddle 91, 133, 159, 163, 169, 170
7
8 Jerry E.
Camfield, Sr. 176, 203, 232, 261, 265
9
10
11 E X H I B I T S
12 NUMBER MARKED FOR
I.D. ENTERED
13 Respondent's WHL Exhibit 14 15 52
Respondent's WHL Exhibit 15 27 54
14 Respondent's WHL Exhibit 16 33 56
Respondent's WHL Exhibit 17 117 168
15 Respondent's WHL Exhibit 18 125 168
16 Respondent's Bell Exhibit 3 140 144
Respondent's Bell Exhibit 4 142 144
17 Respondent's Bell Exhibit 5 149 --
Respondent's Bell Exhibit 6 208 267
18
19
20
21
22
23
24
3
KEEFE REPORTING COMPANY
Belleville, Illinois
1 P R O C E
E D I N G S
2 (May 19, 1997; 10:00 a.m.)
3 HEARING OFFICER WALLACE: Pursuant to the
4 direction of the Illinois Pollution Control Board,
5 I now call Docket 95-91.
6 This is the matter of the People of the
7 State of Illinois versus Waste Hauling, Inc., Waste
8 Hauling Landfill, Inc. and the counter-claim of
9 Waste Hauling Landfill, Inc., Waste Hauling, Inc.
10 versus Bell Sports, Inc.
11 May I have appearances for the record,
12 please? For the People?
13 MS. MENOTTI:
Maria Menotti for the
14 People.
15 MR. DAVIS: Thomas Davis for the People.
16 MR. RICHARDSON: Greg Richardson for the
17 Illinois EPA.
18 MR. VAN NESS: Phil Van
Ness for Waste
19 Hauling Landfill, Inc. and Waste Hauling, Inc.
20 MR. LATSHAW: Michael
Latshaw for Waste
21 Hauling, Inc. and Waste Hauling Landfill, Inc.
22 MR. NAHMOD: Jack
Nahmod, from Sidley &
23 Austin, for Bell Sports.
24 MR. TAYLOR: Byron Taylor for Bell
4
KEEFE REPORTING COMPANY
Belleville, Illinois
1 Sports.
2 HEARING OFFICER WALLACE: All right.
3 Thank you.
4 Let the record reflect there are no other
5 appearances at today's hearing.
6 Are there any preliminary matters? We
7 did have a brief off-the-record discussion.
8 Mr. Van
Ness?
9 MR. VAN NESS: Yes. Thank you, Mr.
10 Hearing Officer.
11 In previous testimony by witness Mr. Maw,
12 M-A-W, there was introduced for identification
13 Waste Hauling Exhibit Number 5. That document is a
14 quite large and thick document.
15 However, we have learned that
16 approximately a third of an inch of the material at
17 the very beginning of that document was extraneous
18 for our purposes, being material that the witness
19 testified was not included in the report material
20 that was sent to the Illinois EPA.
21 Therefore, I would move to amend the
22 Exhibit Number 5 to exclude these materials
23 appearing before the page dated 10 March 1993 and
24 bearing the signature of Mr. Maw and the letterhead
5
KEEFE REPORTING COMPANY
Belleville, Illinois
1 of
Weston Gulf Coast, Inc.
2 HEARING OFFICER WALLACE: All right. Any
3 objection?
4 MS. MENOTTI: No.
5 HEARING OFFICER WALLACE: Mr. Taylor?
6 MR. TAYLOR: No objections to the
7 specific request of Mr. Van
Ness.
8 HEARING OFFICER WALLACE: All right.
9 MR. TAYLOR: But we would like to restate
10 that we are not waiving our previous objections to
11 this document as it exists.
12 HEARING OFFICER WALLACE: So noted. Then
13 we will amend Exhibit 5 to exclude -- it is kind of
14 hard to describe, actually.
15 MR. VAN NESS: Yes, it is hard to
16 describe. It evidently was internal documentation
17 that they used of some sort.
18 HEARING OFFICER WALLACE: We will start
19 Exhibit 5 with the letter dated 10 March 1993, and
20 the other material will be excluded from Exhibit
21 5.
22 All right. Any other preliminary
23 matters? Ms.
Menotti?
24 MS. MENOTTI: Nothing.
6
KEEFE REPORTING COMPANY
Belleville, Illinois
1 HEARING OFFICER WALLACE: Mr. Taylor?
2 MR. TAYLOR: No.
3 HEARING OFFICER WALLACE: Is Waste
4 Hauling Landfill ready to proceed?
5 MR. VAN NESS: Yes.
6 HEARING OFFICER WALLACE: All right.
7 Would you call your next witness, then.
8 MR. VAN NESS: Yes, thank you. Waste
9 Hauling recalls Mr. William
Zierath.
10 HEARING OFFICER WALLACE: You were
11 previously under oath.
12 THE WITNESS: Yes.
13 HEARING OFFICER WALLACE: Please consider
14 yourself still under oath and continue to tell the
15 truth.
16 You may proceed.
17 MR. VAN NESS: Thank you, Mr. Hearing
18 Officer.
19 W I L
L I A M E. Z I E R A T H,
20 having been previously duly sworn by the Hearing
21 Officer,
saith as follows:
22 DIRECT EXAMINATION
23 BY MR. VAN NESS:
24 Q Mr.
Zierath, I would like to ask you
7
KEEFE REPORTING COMPANY
Belleville, Illinois
1 about one of the barrels you removed from the Waste
2 Hauling Landfill on April 22, 1992. Do you recall
3 your testimony relating to that date?
4 A Yes.
5 Q Do you specifically recall discussing
6 barrel number 33?
7 A My recollection of barrel number 33 is
8 not one we sampled, but the only one we found with
9 a label on it.
10 Q So you didn't actually sample the
11 contents of that barrel?
12 A No, we did not.
13 Q Can you describe the outward appearance
14 of that barrel?
15 A My recollection of it, it was a crushed
16 drum. Some of the paint was off the outside of
17 the -- it was a metal drum, so some of the paint
18 had come off the outside. It was notable because
19 it had a sticker on it that said
nonhazardous
20 waste.
21 Q Did barrel number 33 share any appearance
22 characteristics with the other barrels removed that
23 day?
24 A Well, all the drums we were able to find
8
KEEFE REPORTING COMPANY
Belleville, Illinois
1 had been crushed, and many of them likewise had
2 paint scraped off the outside of them. To the best
3 of my recollection, that's the only --
4 Q Okay. Did you -- I am sorry. Go ahead.
5 A That's the only tie in to the others.
6 Q Okay. Did you see any of the rubbery
7 material that you had described earlier with
8 respect to some of the barrels?
9 A I would have to refer to my notes again.
10 I can't remember whether we could even see into
11 that one. Many of the drums were crushed and you
12 couldn't see inside them. So I would have to refer
13 to my notes as to whether I was able to observe
14 anything in that drum.
15 Q Okay. Would looking at your notes
16 refresh your memory, then, is that what you are
17 suggesting?
18 A Yes.
19 Q Why don't we hand those notes to you,
20 then. Is that 14, People's 14? Thank you.
21 I am going to hand you, sir, what has
22 already been marked People's Exhibit 14. That is a
23 report to which you just referred; is that correct?
24 A That is correct, yes.
9
KEEFE REPORTING COMPANY
Belleville, Illinois
1 Q Take your time to look through that.
2 A All right. (The witness reviewed the
3 document.) My notes do not reflect the contents of
4 that drum.
5 Q Okay. It was just one of the 53 drums
6 you found in that area?
7 A That is correct.
8 Q Now, you stated earlier that the label
9 you observed on barrel number 33 resembled labels
10 you had seen elsewhere; is that correct?
11 A That's correct.
12 Q Do you recall where you saw similar
13 labels before?
14 A I saw similar labels at the -- what was
15 referred to as the Bell Helmets facility in
Rantoul
16 previously, during previous inspections.
17 Q Did you see it subsequent to that date
18 also?
19 A I saw labels, similar looking labels, at
20 the Bell Sports facility in January of 1993.
21 Q So you visited the Bell Sports facility
22 in January of 1993?
23 A Yes.
24 Q Was that the first time you visited the
10
KEEFE REPORTING COMPANY
Belleville, Illinois
1 Bell Sports facility after the removal of the drums
2 from Waste Hauling Landfill?
3 A No. We were -- Jack Johnson from the
4 State Police, Dustin Burger from the Champaign
5 regional office of the Illinois EPA, and I were out
6 there in 1992, subsequent to the excavation of the
7 drums from the Waste Hauling Landfill.
8 Q Do you recall what day and what month
9 that was?
10 A My recollection is it was July of 1992.
11 Q Do you recall whether -- pardon me. Do
12 you recall whether you prepared a report relating
13 to that visit to the Bell Sports facility?
14 A Which one, the one in January?
15 Q I am talking about the one you are
16 referring to that came prior to the one in
17 January.
18 A No, I did not.
19 Q Okay. Was that visit to the facility
20 that -- I am talking about the earlier one, now --
21 was that related to the discovery of hazardous
22 waste in the drums at Waste Hauling?
23 A Yes, it was.
24 Q So by that time you had already received
11
KEEFE REPORTING COMPANY
Belleville, Illinois
1 the laboratory reports of analysis?
2 A Yes.
3 Q Okay. Why don't you describe your visit,
4 that first visit, then, to the Bell Sports
5 facility?
6 A Well, essentially, I was assisting the
7 State Police and Agent Johnson, in particular, in
8 his investigation. We showed up at Bell Sports.
9 We had a brief meeting with a number of officials
10 from the company.
11 My recollection is their attorney they
12 wanted to confer with was not available. He was
13 out of town and not reachable. And so they asked
14 if they could confer with their attorney and talk
15 to us later, at which time we left.
16 Q I see. Did you have a search warrant
17 with you when you came that time?
18 A No, we did not.
19 Q Do you recall who you spoke with at Bell
20 Sports?
21 A No, I don't recall the names of the
22 individuals.
23 Q Do you know a Mr. Nick Riddle?
24 A Yes.
12
KEEFE REPORTING COMPANY
Belleville, Illinois
1 Q Can you identify him?
2 A I don't recall what his job title was
3 every time I was there, but at times he was the
4 plant engineer at -- my recollection is that he
5 worked for the company that had this facility
6 before Bell,
Vetter Products, and then worked for
7 Bell for a number of years.
8 Q Do you recall whether Mr. Riddle was
9 present on that first date that you visited after
10 the lab samples were back from Waste Hauling?
11 A I don't recall.
12 Q During that first visit do you recall
13 whether you or anyone requested permission to
14 inspect the premises?
15 A My recollection is that we did not
16 request permission to inspect the premises. We
17 wished to talk to them first, and they requested
18 that they be allowed to talk to their attorney
19 first.
20 Q Okay. Did you request permission to take
21 samples?
22 A Not that I recall.
23 Q Okay. Do you recall discussing the April
24 9th waste shipment from Bell Sports to Waste
13
KEEFE REPORTING COMPANY
Belleville, Illinois
1 Hauling Landfill?
2 A We identified that as being what we were
3 concerned about, but the discussion didn't go
4 anywhere because they wished to talk to their
5 attorney first.
6 Q Do you recall what their reaction was?
7 MR. TAYLOR: Objection. It calls for the
8 characterization of another person.
9 MR. VAN NESS: I didn't ask for a
10 characterization. I just asked what their response
11 was.
12 HEARING OFFICER WALLACE: Overruled.
13 THE WITNESS: I don't recall specifically
14 any reaction on their part.
15 Q (By Mr. Van
Ness) The only reaction was
16 we have not consulted with our attorney, so come
17 back another date?
18 A That's basically a fair statement, yes.
19 Q What was the outcome of that visit? Was
20 there any promises made or any assurances made by
21 either side?
22 A My recollection is basically they agreed
23 to talk to their attorney and get back to Agent
24 Johnson from the State Police.
14
KEEFE REPORTING COMPANY
Belleville, Illinois
1 Q Do you know whether they ever got back to
2 Agent Johnson?
3 A No, I do not.
4 Q Do you know whether they ever got back to
5 you?
6 A I received a letter from them subsequent
7 to our visit.
8 Q I see. Do you recall when that letter
9 was received by you?
10 A I don't recall the date, no.
11 Q If I showed you a copy of that letter
12 would you recognize it now?
13 A Yes.
14 HEARING OFFICER WALLACE: This has not
15 been previously marked, has it?
16 MR. VAN NESS: No, it has not. That is a
17 Plaintiff's Exhibit from a deposition.
18 HEARING OFFICER WALLACE: All right.
19 MR. VAN NESS: Would you mark this,
20 please.
21 (Whereupon said document was
22 duly marked for purposes of
23 identification as WHL Exhibit
24 14 as of this date.)
15
KEEFE REPORTING COMPANY
Belleville, Illinois
1 MR. VAN NESS: Okay. Thank you.
2 Q (By Mr. Van
Ness) I am going to hand you
3 what has just been marked WHL Exhibit Number 14,
4 and ask you if that is the correspondence which you
5 previously referred?
6 A Yes.
7 Q Can you describe that document, please,
8 for the record?
9 A Well, the first two pages are a letter
10 addressed to me from William
Hassell,
11 H-A-S-S-E-L-L, vice president of manufacturing from
12 Bell Sports.
13 The third page is a copy of a special
14 waste permit issued by our Agency for paint sludge
15 from -- well, it is issued -- the permit is issued
16 to Jerry
Camfield and the waste generator indicated
17 as Bell Helmets,
Vetter Products.
18 The fourth page is a copy of a waste
19 manifest for shipment that was made on April 9th of
20 1992. And the last page appears to be some
21 analysis results from material indicated -- it
22 indicates it was -- this report was sent to Bell
23 Helmets.
24 Q Can you say whether these are true,
16
KEEFE REPORTING COMPANY
Belleville, Illinois
1 accurate and complete copies of the documents as
2 you recall receiving them?
3 A This is an accurate copy of the document
4 I received, yes.
5 Q For the record, I would ask you to refer
6 to the first line of the letter just above the
7 greeting where it says, re, your request. Do you
8 see the date that is referred to there?
9 A Yes, June 8, 1992.
10 Q Does that refresh your memory as to when
11 your visit occurred?
12 A Yes, it does. That was the date.
13 Q You would agree that the first visit you
14 previously described to the site was, in fact, on
15 June 8, 1992?
16 A That's correct.
17 Q Thank you. Do you see in the last
18 paragraph in the letter from Mr.
Hassell it says
19 request for additional information?
20 A Yes.
21 Q Why don't you just read that last
22 paragraph into the record, please?
23 A Okay. It says, as we discussed on June
24 8th, we would appreciate it if you would provide us
17
KEEFE REPORTING COMPANY
Belleville, Illinois
1 further information regarding your concerns with
2 respect to the April 9th shipment, including any
3 analytical results which you obtained.
4 Q I take that to be a reference to the
5 concerns you stated earlier?
6 A Yes, I believe so.
7 Q Do you recall whether you mentioned the
8 word hazardous waste in your conversation on June
9 the 8th?
10 A I don't recall specifically, no.
11 Q Do you recall how you expressed your
12 concern with that April 9th shipment?
13 A Well, I do recall that Agent Johnson
14 basically told them why we were there, that we had
15 excavated drums at Waste Hauling Landfill, and why
16 we were concerned about them. I recall generally
17 that is what we discussed, but I don't know the
18 specifics of it.
19 Q Do you know whether you, in fact, did
20 provide such additional information as was
21 requested by Mr.
Hassell in his letter?
22 A I did not.
23 Q Do you recall when Waste Hauling Landfill
24 was told that there was a problem with these
18
KEEFE REPORTING COMPANY
Belleville, Illinois
1 barrels?
2 A I don't recall the exact date, no.
3 Q Would you agree that they were not told
4 in June of 1992?
5 A That's possible.
6 Q If I suggested to you, sir, that they
7 were not told until 1993, would you have any reason
8 to question that?
9 A I don't know of any time they were told
10 before that, no.
11 Q I don't know if you know the answer to
12 this, but may I ask why the Agency didn't bother to
13 tell the landfill of the presence of hazardous
14 waste at least as soon as it told Bell Sports of
15 the problems out there?
16 MR. DAVIS: We would object. It is
17 calling for a conclusion that this witness might
18 not be able to give and also it assumes facts not
19 in evidence. This witness has simply testified
20 that he didn't tell Waste Hauling Landfill.
21 MR. VAN NESS: I did ask him if he knew
22 the answer. If he doesn't know, he can tell me
23 that.
24 HEARING OFFICER WALLACE: Overruled.
19
KEEFE REPORTING COMPANY
Belleville, Illinois
1 MR. DAVIS: I am not done stating my
2 objection. I think that, as an Officer of the
3 Court, I can fairly state that the attorneys, of
4 which I was one, involved in the court proceeding,
5 told somebody and, in fact, I would state that he
6 told the attorney for Waste Hauling Landfill.
7 HEARING OFFICER WALLACE: All right. The
8 objection is overruled.
9 You may answer the question.
10 MR. TAYLOR: I also object to the
11 characterization of the question, as it infers what
12 information was conveyed to Bell Sports in June of
13 1992.
14 HEARING OFFICER WALLACE: Overruled.
15 THE WITNESS: Excuse me. What was the
16 question again?
17 MR. VAN NESS: Could you read it back.
18 (Whereupon the requested
19 portion of the record was read
20 back by the Reporter.)
21 THE WITNESS: I do not know whether they
22 were told. I do not know why they weren't told. I
23 didn't have any contact with the landfill for
24 almost a year after that.
20
KEEFE REPORTING COMPANY
Belleville, Illinois
1 Q (By Mr. Van
Ness) Okay. Thank you.
2 Would you agree that with the passage of time the
3 option of removing the barrels and their contents
4 as opposed to managing the barrels in place became
5 less and less viable?
6 MR. TAYLOR: I object to the lack of
7 foundation.
8 THE WITNESS: Well --
9 HEARING OFFICER WALLACE: Wait just a
10 minute.
11 MR. VAN NESS: I am sorry?
12 HEARING OFFICER WALLACE: I wondered if
13 you wanted to respond to the objection.
14 MR. VAN NESS: I didn't hear the basis
15 for the objection.
16 MR. TAYLOR: Lack of foundation.
17 MR. VAN NESS: I am sorry?
18 MR. TAYLOR: Lack of foundation.
19 MR. VAN NESS: All right.
20 Q (By Mr. Van
Ness) Would you agree that
21 leachate transport is a function of time?
22 A Yes
23 (Mr. Jerry
Camfield entered the
24 hearing room.)
21
KEEFE REPORTING COMPANY
Belleville, Illinois
1 Q (By Mr. Van
Ness) And you have previously
2 described what
leachate consists of; isn't that
3 correct?
4 A I did not, no.
5 Q I am sorry. I thought maybe you had.
6 Why don't you describe
leachate to us?
7 MR. TAYLOR: I have no objection to the
8 question or to the line of questioning. But I was
9 wondering whether Mr.
Camfield will be permitted to
10 sit through the proceeding and listen to the
11 testimony of Mr.
Zierath.
12 HEARING OFFICER WALLACE: Are you
13 objecting to his sitting in?
14 MR. TAYLOR: Yes.
15 HEARING OFFICER WALLACE: All right.
16 Response?
17 MR. VAN NESS: Well, I guess we have
18 allowed every witness. We haven't excluded any
19 witnesses to date. I am not sure why we would
20 exclude Mr.
Camfield. I would also point out that
21 Mr.
Camfield is, in fact, a client, a
22 representative in this case, so I think he is
23 excluded from --
24 HEARING OFFICER WALLACE: Mr.
Camfield
22
KEEFE REPORTING COMPANY
Belleville, Illinois
1 can remain.
2 THE WITNESS: I am sorry. I don't recall
3 the question.
4 Q (By Mr. Van
Ness) I asked you a question
5 about
leachate.
6 A Oh.
Leachate is the material that is
7 formed when water mixes with solid waste, and then
8 carries contamination away from that solid waste.
9 Q Is it fair to say that when solid waste
10 remains in a landfill that the transport of
11 leachate becomes a greater concern?
12 A Yes.
13 Q To the best of your knowledge, has the
14 Agency ever tested the
leachate flowing from the
15 Waste Hauling Landfill?
16 A I don't know specifically about that.
17 Q Do you know whether -- let me back that
18 up.
19 Do you know whether they have ever
20 sampled the
leachate at all? I am not asking you
21 to describe the test, but whether you know whether
22 they have ever sampled the
leachate?
23 A It is my understanding that other people
24 within the Agency have collected samples, yes.
23
KEEFE REPORTING COMPANY
Belleville, Illinois
1 Q But you are unfamiliar with any
2 laboratory results from that?
3 A That's correct.
4 Q Did you have occasion to visit the Bell
5 Sports facility in
Rantoul, Illinois, at any time
6 subsequent to your visit of June 8, 1992?
7 A Yes. I was there in January of 1993 and
8 then subsequently in March of 1993.
9 Q What exactly triggered that visit?
10 A Well, I had asked our Permit Section to
11 notify me if there was a permit application that
12 was submitted for the paint sludge waste from Bell
13 Sports to any other facility, any solid waste
14 facility, because of the fact that Waste Hauling
15 Landfill at that point was not operating and,
16 therefore, the only permitted facility to take that
17 paint sludge from Bell was closed down.
18 Q And so, in fact, you were notified that
19 there was an application?
20 A Yes, I was.
21 Q When did you visit that facility?
22 A The first time in 1993 was on January
23 27th.
24 Q Were you accompanied by the State Police
24
KEEFE REPORTING COMPANY
Belleville, Illinois
1 at that time?
2 A No, I was not.
3 Q Did you obtain any lab samples?
4 A Yes, we did.
5 Q Did you obtain any documents?
6 A Not during that inspection, no.
7 Q You took photographs, that kind of thing?
8 A Yes.
9 Q Do you recall to whom you spoke at that
10 time?
11 A
A gentleman with the last name of
12 Marlow. It was -- and I spoke to the security
13 guard at the gate.
14 Q What transpired from the moment you spoke
15 to the security guard at the gate? I assume that
16 was the first person you spoke to?
17 A Yes. Well, I attempted to -- well, let
18 me back up. I had intended to do an interim status
19 standards inspection under basically the hazardous
20 waste inspection at the facility, which would have
21 included a number of documents I would have to
22 review.
23 I was told by the security guard that Mr.
24 Nick Riddle was the only person who had access to
25
KEEFE REPORTING COMPANY
Belleville, Illinois
1 the documents in question. He was not available
2 that day. The security guard then tried to find
3 some other person for me to talk to and eventually
4 Mr.
Marlow was the person who was sent out to deal
5 with me.
6 Q Did Mr.
Marlow allow you to enter the
7 plant?
8 A Yes, he did.
9 Q Did he accompany you throughout the time
10 that you were at the plant?
11 A He accompanied us until we got to the
12 area, the storage area. He remained for a while.
13 He pointed out drums of waste and identified them,
14 and then he left.
15 Q At that time did you get to walk through
16 the facility and see the production facility?
17 A We did not during that inspection, no.
18 Q Did you prepare a report of your January
19 27th, 1993 visit and RCRA inspection?
20 A Yes, I did.
21 Q If I showed you a copy of that would you
22 recognize that?
23 A Yes, I would.
24 MR. VAN NESS: Could you mark this,
26
KEEFE REPORTING COMPANY
Belleville, Illinois
1 please.
2 (Whereupon said document was
3 duly marked for purposes of
4 identification as WHL Exhibit
5 15 as of this date.)
6 Q (By Mr. Van
Ness) I am going to show you
7 what has just been marked WHL Exhibit Number 15,
8 and ask you if that is the document to which you
9 have referred?
10 A Yes, it is a photocopy of that.
11 Q Thank you. What was the outcome of the
12 January 27, 1993 visit to Bell? Were there any
13 additional problems or assurances exchanged at that
14 time?
15 A Okay. We were interested in collecting
16 samples at that point. As I stated, I had intended
17 to do a hazardous waste inspection. However, Mr.
18 Riddle was not available with documentation, so we
19 did collect samples and then I got back to Mr.
20 Riddle later about the follow-up inspection.
21 Q All right. Now, according to your RCRA
22 inspection report, you and your staff collected a
23 number of samples, correct?
24 A That's correct.
27
KEEFE REPORTING COMPANY
Belleville, Illinois
1 Q Do you recall how many you collected?
2 A I would have to refer to my notes, I am
3 afraid.
4 Q I am sorry?
5 A I would have to refer to my notes.
6 Q Please feel free.
7 A (The witness reviewed documents.) My
8 notes reflect I collected eight samples.
9 Q How many barrels were you looking at
at
10 that time?
11 A There were 54 barrels in the group that
12 we were looking at.
13 Q Is it safe to assume that the same basic
14 chain of custody procedures applied to the sampling
15 and securing and transporting of these samples as
16 you described previously with respect to the
17 samples you obtained at the Waste Hauling Landfill?
18 A Yes.
19 Q What criteria did you use to determine
20 which barrels would be sampled?
21 A We had a
photoionizing detector by H. New
22 (spelled phonetically) Company, which basically
23 gave us a meter reading relative amount of volatile
24 organics that were in the head space of the
28
KEEFE REPORTING COMPANY
Belleville, Illinois
1 samples. And then basically for all of those that
2 we collected a sample for, we took the ones that
3 got the highest readings.
4 Q So once again, if you were going to take
5 a sample from a barrel, it was going to be from
6 those barrels that had the highest PID readings?
7 A That's correct.
8 Q Do you know whether Agency personnel are
9 required to follow any set of procedures or
10 standards in collecting samples for laboratory
11 analysis?
12 A We have procedures that we follow, yes.
13 Q Can you briefly describe what those
14 procedures are?
15 A Well, it basically deals with the types
16 of bottles collected and the sample collection
17 method. The sample collection method depends on
18 the type of waste and, you know, what is needed in
19 order to collect a sample.
20 Q Are you familiar with those requirements?
21 A Yes.
22 Q On January 27th of 1993, did you observe
23 the sampling being done?
24 A Yes, I did.
29
KEEFE REPORTING COMPANY
Belleville, Illinois
1 Q Based on your observations, do you have
2 an opinion as to whether you and the Agency
3 personnel under your direction followed accepted
4 procedures?
5 A We collected representative samples as
6 per our procedures to the best it was possible on
7 that date.
8 Q Was there something about that day that
9 made it more difficult?
10 A We did have a problem with some of the
11 drums, because it was quite a bit below freezing.
12 So any water that was in the drums was frozen.
13 Therefore, it was difficult to sample as per normal
14 procedures.
15 Q Did you attempt to collect samples out of
16 barrels that had frozen water in them?
17 A We did, but our normal procedure with
18 water would be to use a glass tube, which was not
19 possible in this stage.
20 Q So what did you use?
21 A We collected bits of ice using a clean,
22 stainless steel spoon from those drums where we
23 could do that.
24 Q Now, according to your report, those
30
KEEFE REPORTING COMPANY
Belleville, Illinois
1 samples were sent to Gulf Coast Laboratories; isn't
2 that right?
3 A That's correct.
4 Q Do you know what kind of analysis was
5 requested?
6 A Because our concern was for the organic
7 contaminants listed in the TCLP, we asked for those
8 organic analyses.
9 Q Let me back up for a minute. Gulf Coast
10 Laboratories, Incorporated, why did you send
11 samples there?
12 A We were interested in getting the results
13 back fairly quickly and quicker than our lab here
14 in Springfield could have gotten the results.
15 Q Is Gulf Coast Laboratories a contract lab
16 for the EPA?
17 A Yes, it is.
18 Q Was it back in 1993?
19 A Yes, it was. Well, let me clarify that.
20 I haven't dealt with them in recent date. I am not
21 sure if they are still a contract lab.
22 Q But they were in 1993?
23 A Yes.
24 Q Okay. Thank you. Was any type of report
31
KEEFE REPORTING COMPANY
Belleville, Illinois
1 generated during the -- pardon me.
2 Was any type of report generated
3 regarding the results of the analysis done on
4 January -- of the samples taken on January 27th?
5 A We did receive a report from the lab,
6 yes.
7 Q Are you familiar with that report?
8 A I have seen what was submitted to me,
9 yes.
10 Q I see. What was submitted to you?
11 A The summary of the results listing the
12 results for the requested analyses on those
13 samples.
14 Q Was this kind of report -- this summary
15 report, was this the kind of a report that was
16 generally relied upon by you at the EPA?
17 A Yes.
18 Q In fact, did you and the Agency not rely
19 on that report?
20 A Yes, we did.
21 Q Do you recall whether you shared those
22 laboratory results that you just described with
23 anyone at Bell Sports?
24 A My recollection is I sent a copy to their
32
KEEFE REPORTING COMPANY
Belleville, Illinois
1 attorney subsequent to this inspection.
2 Q Do you recall whether you sent a letter
3 to Mr. Riddle?
4 A I don't recall.
5 Q If you had, would you recognize such a
6 letter?
7 A Yes.
8 MR. VAN NESS: Could you mark this,
9 please.
10 (Whereupon said document was
11 duly marked for purposes of
12 identification as WHL Exhibit
13 16 as of this date.)
14 Q (By Mr. Van
Ness) I am going to hand you
15 what has been labeled WHL Exhibit Number 16. Do
16 you recall that document?
17 A Yes, I do.
18 Q In fact, are you the author of that
19 document?
20 A Yes, I was.
21 Q Can you briefly describe that document,
22 for the record?
23 A Well, the front page is a cover letter
24 indicating that I am sending to Mr. Riddle a copy
33
KEEFE REPORTING COMPANY
Belleville, Illinois
1 of the analysis report from the samples that were
2 collected on January 27th. It also describes some
3 of the results in the second paragraph.
4 Everything after that is a photocopy of
5 the report that we received from the laboratory,
6 the results and some explanation, plus I see here
7 at the back there are also copies of the chain of
8 custody forms.
9 Q Can you say whether this is a true,
10 accurate and complete copy of the correspondence
11 you sent to Mr. Riddle?
12 A To the best of my knowledge, it appears
13 to be so.
14 Q I am going to ask you to compare the
15 attachment to the letter I just handed you with
16 what has been marked Waste Hauling Group Exhibit
17 5. I ask you whether you have seen that document
18 before?
19 A No, I have not.
20 Q Would you compare the first page of each
21 exhibit, please?
22 HEARING OFFICER WALLACE: I am sorry.
23 Would you be more specific on what you want him to
24 compare, please.
34
KEEFE REPORTING COMPANY
Belleville, Illinois
1 MR. VAN NESS: Well, I want him to see
2 whether the two pages are the same or different.
3 HEARING OFFICER WALLACE: I know that,
4 but I am trying to --
5 MR. VAN NESS: I am sorry.
6 HEARING OFFICER WALLACE: Neither of
7 these exhibits are numbered, are they? And you are
8 saying compare --
9 MR. VAN NESS: I am sorry. They are both
10 numbered. I am sorry. I am asking the witness,
11 Mr. Hearing Officer, to compare the cover letter to
12 this particular exhibit that comes at the end of
13 the Bates numbering.
14 Q (By Mr. Van
Ness) I am going to ask you
15 to compare the page number -- Bates number 226 from
16 Exhibit Waste Hauling 16 to the first page of Waste
17 Hauling Exhibit 5?
18 MR. NAHMOD: Mr. Hearing Officer, we have
19 an objection to Mr.
Zierath's testimony concerning
20 Exhibit Number 5. Mr.
Zierath, I believe, just
21 said he hasn't seen this document before. So it is
22 not clear to me why he should be able to testify
23 about this exhibit.
24 Anybody can get up there and talk about
35
KEEFE REPORTING COMPANY
Belleville, Illinois
1 similarities. The document speaks for itself. We
2 object to Mr.
Zierath's testimony about this
3 exhibit, because he has no knowledge about it. He
4 just said he had not seen this before.
5 HEARING OFFICER WALLACE: He can do a
6 comparison. The objection is overruled.
7 Please continue, Mr.
Zierath.
8 THE WITNESS: The last page in what is
9 marked as WHL Exhibit Number 16 appears to be
10 identical to the first page in WHL Number 5, with
11 the exception of the stamp when it was received by
12 our Agency and some handwritten information at the
13 top that was added by our Agency.
14 Q (By Mr. Van
Ness) Thank you. I am going
15 to ask you to compare some additional pages, as
16 well. Please take all the time you need to do
17 this.
18 I am going to show you what has been
19 Bates stamped page number 188 in Waste Hauling
20 Exhibit 16, and I am going to ask you to see if you
21 find the identical page also in Waste Hauling
22 Exhibit 5.
23 MR. TAYLOR: Can you repeat the numbers
24 again, please?
36
KEEFE REPORTING COMPANY
Belleville, Illinois
1 MR. VAN NESS: I am sorry?
2 MR. TAYLOR: Can you repeat the page
3 numbers once again?
4 MR. VAN NESS: Yes. It is Bates number
5 188.
6 MR. TAYLOR: In Exhibit 16?
7 MR. VAN NESS: In Exhibit 16, right.
8 MR. TAYLOR: Okay.
9 MR. VAN NESS: We are comparing that now
10 also with a page in Waste Hauling Exhibit Number
11 5.
12 THE WITNESS: That page appears to be the
13 same as what is marked page one in Exhibit Number
14 5.
15 Q (By Mr. Van
Ness) Would you agree that to
16 the right of the Bates number 188 there is also the
17 number one --
18 A Yes.
19 Q -- on Exhibit 16?
20 A Yes, there is.
21 Q Can we turn the page and continue,
22 please?
23 A Okay.
24 Q Do you see page 189 Bates stamped in
37
KEEFE REPORTING COMPANY
Belleville, Illinois
1 Waste Hauling Exhibit 16?
2 A Yes, that appears to be the same as page
3 two in Exhibit Number 5.
4 Q Now, you don't see any number two on this
5 Bates 189, do you?
6 A No, I do not.
7 Q But in all other respects they are the
8 same?
9 A Yes, including the handwritten notations.
10 Q Okay. Turn the page, please, to Bates
11 number 190 and compare that with the next page of
12 Waste Hauling Exhibit 5.
13 A It appears to be the same as page number
14 three in Exhibit Number 5.
15 Q Okay. Bates page number 191 in Waste
16 Hauling Exhibit 16?
17 A It appears to be what is faintly marked
18 as page number four in Exhibit Number 5.
19 Q Again, on the next page, Bates page
20 number 000192?
21 A That appears to be the same as what is
22 marked as page number five in Exhibit Number five.
23 HEARING OFFICER WALLACE: All right. Are
24 there two page
fives there in Waste Hauling 5?
38
KEEFE REPORTING COMPANY
Belleville, Illinois
1 THE WITNESS: There is four and five. I
2 don't know if I misspoke.
3 Q (By Mr. Van
Ness) Okay. Are we comparing
4 Bates page 193 now to Waste Hauling 5?
5 A Yes. It appears to be the same as page
6 number six in Waste Hauling 5.
7 Q I see. In fact, page number six
8 reappears, doesn't it, on Bates page 193?
9 A That is correct.
10 Q And I am going to ask you again with
11 respect to Bates page 194 in Waste Hauling Exhibit
12 16.
13 A That appears to be the same as page
14 number seven in Exhibit Number 5.
15 Q Thank you. And Bates page 195 in Waste
16 Hauling Exhibit 16?
17 A It appears to be the same as page number
18 eight in Exhibit Number 5.
19 Q And Bates page 196 with respect to Waste
20 Hauling Exhibit Number 16?
21 A That appears to be the same as page
22 number nine in Exhibit Number 5.
23 Q And Bates page 197 in Waste Hauling
24 Exhibit Number 16?
39
KEEFE REPORTING COMPANY
Belleville, Illinois
1 A That appears to be the same as page
2 number ten in Waste Hauling Number 5.
3 Q Okay. And Bates page number 198 in Waste
4 Hauling Exhibit Number 16?
5 A It appears to be the same as page number
6 11 in Exhibit Number 5.
7 Q And Bates page --
8 HEARING OFFICER WALLACE: All right. I
9 don't know that it is a good use of our time to go
10 through this page by page.
11 MR. VAN NESS: Well, I would like to
12 avoid it. Perhaps if we gave the witness a few
13 minutes to leaf through the remaining pages, and
14 then we could do them in a summary fashion. Would
15 that be acceptable?
16 HEARING OFFICER WALLACE: Yes. Why don't
17 you do that, Mr.
Zierath.
18 Let's go off the record while you leaf
19 through that.
20 (Whereupon a short recess was
21 taken.)
22 HEARING OFFICER WALLACE: Back on the
23 record.
24 Mr.
Zierath, have you had a chance to
40
KEEFE REPORTING COMPANY
Belleville, Illinois
1 look at the documents in front of you?
2 THE WITNESS: Yes.
3 HEARING OFFICER WALLACE: All right. Mr.
4 Van
Ness.
5 MR. VAN NESS: Thank you, Mr. Hearing
6 Officer.
7 Q (By Mr. Van
Ness) Mr. Zierath, now that
8 you have completed your review, would you agree
9 that the pages which comprise the attachment to WHL
10 Exhibit 16 are simply a collection of selected
11 pages from WHL Group Exhibit 5?
12 A Yes.
13 Q Thank you. Now, upon reading the report,
14 were you able to reach any general conclusions as
15 to the character of the Bell Sports Waste?
16 MR. TAYLOR: We object to this line of
17 questioning for the same basis we objected to Mr.
18 Maw's testimony. There has been no -- the basis is
19 relevance. There has been no connection between
20 these samples and anything having to do with Waste
21 Hauling Landfill.
22 HEARING OFFICER WALLACE: Mr. Van
Ness?
23 MR. VAN NESS: I think I am asking the
24 witness to get to that point. I think we are
41
KEEFE REPORTING COMPANY
Belleville, Illinois
1 entitled to lay the foundation and have him deal
2 with it.
3 HEARING OFFICER WALLACE: All right. If
4 you will hold your objection, then. Or it is noted
5 and it will be overruled.
6 You can answer the question.
7 THE WITNESS: Excuse me. What was the
8 question again?
9 HEARING OFFICER WALLACE: Would you read
10 the question back.
11 (Whereupon the requested
12 portion of the record was read
13 back by the Reporter.)
14 HEARING OFFICER WALLACE: All right. To
15 the extent -- I would ask that you clarify which
16 exhibit you are referring to.
17 MR. VAN NESS: Well, okay. Why don't we
18 limit it to Waste Hauling Exhibit 16, the
19 attachment thereto.
20 HEARING OFFICER WALLACE: All right. Now
21 answer the question, please.
22 THE WITNESS: For the analysis that we
23 requested in five of the samples elected, the
24 results for 2-Butanone were over the standard for
42
KEEFE REPORTING COMPANY
Belleville, Illinois
1 hazardous waste.
2 Q (By Mr. Van
Ness) Again, 2-Butanone is
3 commonly known as MEK; is that correct?
4 A Yes, that is an abbreviation for methyl
5 ethyl
ketone.
6 Q Have you compared the laboratory results
7 for the waste exhumed at the Waste Hauling Landfill
8 with the laboratory results with the waste found at
9 the Bell Sports facility?
10 MR. TAYLOR: We would restate our
11 objection.
12 HEARING OFFICER WALLACE: All right.
13 Response, Mr. Van
Ness?
14 MR. VAN NESS: Yes. I am asking him to
15 compare those results. Mr. Hearing Officer, I am
16 not asking him to state any origins of that sort.
17 HEARING OFFICER WALLACE: Well, the
18 objection is to relevance.
19 MR. VAN NESS: Well, obviously, relevance
20 is made on the basis of whether there is any
21 connection. I am simply asking him if there is any
22 connection. I am trying to establish that now.
23 HEARING OFFICER WALLACE: All right. The
24 objection is noted. Overruled.
43
KEEFE REPORTING COMPANY
Belleville, Illinois
1 Mr.
Zierath.
2 THE WITNESS: The sample -- some of the
3 samples we collected at Waste Hauling Landfill were
4 hazardous because of the TCLP results for
5 2-Butanone and similarly, several of the -- some of
6 the -- five of the samples collected at Bell Sports
7 were hazardous because they were over the TCLP
8 limit for 2-Butanone.
9 Q (By Mr. Van
Ness) What did you conclude
10 based on your comparisons?
11 A These waste -- the analysis results were
12 similar.
13 Q You have already stated in this
14 proceeding that the drums you excavated in the
15 samples from Waste Hauling Landfill were from Bell
16 Sports. Would you agree that the results of your
17 inspection and sampling at the Bell Sports facility
18 in
Rantoul support that opinion?
19 MR. TAYLOR: Objection. Leading.
20 MR. VAN NESS: I am simply referring
21 back, Mr. Hearing Officer, to a statement he
22 previously made already on the record.
23 HEARING OFFICER WALLACE: Overruled.
24 THE WITNESS: The results we got from the
44
KEEFE REPORTING COMPANY
Belleville, Illinois
1 analyses done of the Bell Sports' drums, the ones
2 at their facility, were similar to what we got from
3 the drums that were excavated at the Waste Hauling
4 Landfill. So this did not in any way disprove that
5 those were similar wastes.
6 Q (By Mr. Van
Ness) Did you at any time
7 receive any communication from Bell Sports
8 challenging the laboratory results?
9 A No, I did not.
10 Q Did you play a role in recommending that
11 this matter be referred to the Attorney General for
12 enforcement?
13 A I am sure I recommended to other people
14 that they refer this.
15 Q Were you aware of any basis for referring
16 this matter for RCRA enforcement?
17 A There were -- the subsequent inspection
18 done at Bell indicated that there were apparent
19 RCRA violations at the facility.
20 Q Let's turn back to that. You mentioned
21 the subsequent visit to the Bell Sports facility in
22 Rantoul; is that correct?
23 A Yes.
24 Q Do you recall when that occurred?
45
KEEFE REPORTING COMPANY
Belleville, Illinois
1 A My recollection is it was in March of
2 1993.
3 Q Did you have an opportunity to speak with
4 Mr. Riddle at that time?
5 A Yes, I did.
6 Q Did you have an opportunity to visit the
7 production facilities at the plant?
8 A Yes.
9 Q Did you observe where the wastes were
10 being generated for that facility?
11 A Mr. Riddle showed us where the paint
12 sludge was generated in a paint room at the
13 facility.
14 Q Do you recall where the paint sludge was
15 collected?
16 A It was being placed in some 55 gallon
17 drums that were in that room.
18 Q Was there more than one drum or --
19 A My recollection was that there was more
20 than one drum, yes.
21 Q Were you given to understand that both
22 drums were serving the same purpose?
23 A I was informed that one drum was where
24 the employees were to put the material that Bell
46
KEEFE REPORTING COMPANY
Belleville, Illinois
1 was characterizing as hazardous waste and at least
2 one other drum was there for what was not supposed
3 to have been hazardous waste.
4 Q Where were these drums physically located
5 relative to each other?
6 A They were quite close together, several
7 feet apart maybe.
8 Q Do you recall whether the drums were
9 sealed down?
10 A I don't recall, no.
11 Q Do you recall whether they had a lid on
12 them at that time?
13 A I don't recall at this point.
14 Q Do you recall whether they were behind
15 any enclosure or padlocked door or closet or
16 anything of that sort?
17 A No, they were along the wall.
18 Q Did you observe any impediment of someone
19 packing these barrels and putting whatever they
20 wanted to in those barrels?
21 A No.
22 MR. TAYLOR: Objection. It calls for
23 speculation.
24 MR. VAN NESS: I asked him if he observed
47
KEEFE REPORTING COMPANY
Belleville, Illinois
1 an impediment.
2 HEARING OFFICER WALLACE: Overruled.
3 THE WITNESS: No, I did not.
4 Q (By Mr. Van
Ness) Did you observe the
5 waste paint sludge while you were at Bell on that
6 visit?
7 A I observed some in the drums in the paint
8 room and essentially there was that type of
9 material in the paint booths that were in that room
10 and I also observed that.
11 Q Okay. Let me make sure we understand you
12 correctly. Did you look into either of the two
13 barrels you described previously?
14 A Yes.
15 Q I see. Can you describe the contents,
16 please, as visually they appeared to you?
17 A It was kind of rubbery type material. It
18 was various colors, including gray, which is a
19 color they use for an undercoat that was prominent,
20 and then other colors they had used.
21 Q Did the contents of both barrels have the
22 same appearance?
23 A I don't recall the difference in colors.
24 They were essentially the same type of material.
48
KEEFE REPORTING COMPANY
Belleville, Illinois
1 Q Did that appearance resemble in any way
2 what you observed in the contents of the crushed
3 drums at Waste Hauling Landfill?
4 A Yes, it did.
5 Q If so, in what way?
6 A In both cases it was a rubbery material
7 with some gray material and then various other
8 colors.
9 Q Are you aware of any basis for referring
10 this matter for RCRA enforcement against Waste
11 Hauling Landfill, other than the presence of the
12 waste you attributed to Bell Sports?
13 A No.
14 MR. VAN NESS: At this time, Mr. Hearing
15 Officer, I would move Waste Hauling Exhibits 14,
16 15, and 16 into evidence.
17 HEARING OFFICER WALLACE: Any objection,
18 Ms.
Menotti?
19 MS. MENOTTI: No objections.
20 HEARING OFFICER WALLACE: Mr. Taylor?
21 MR. TAYLOR: Yes. I guess we have a
22 whole host of them. We would like to go through
23 them one by one.
24 HEARING OFFICER WALLACE: All right. WHL
49
KEEFE REPORTING COMPANY
Belleville, Illinois
1 Exhibit Number 14.
2 MR. TAYLOR: Exhibit 14 is incomplete. I
3 guess we don't mind that this be admitted, the
4 information that is here be admitted, but we would
5 like the record to reflect that the submittal is
6 incomplete.
7 If you refer to the last paragraph on
8 page one of this exhibit, it states that also
9 enclosed are additional waste analyses that Bell
10 Sports had conducted and those waste analyses are
11 not attached to 14, unless my numbers are wrong. I
12 am referring to a letter. I believe that is 14.
13 HEARING OFFICER WALLACE: The letter from
14 William
Hassell?
15 MR. TAYLOR: Yes.
16 HEARING OFFICER WALLACE: Mr.
Zierath,
17 this is a letter to you. Do you recall that there
18 were other attachments to that?
19 THE WITNESS: No, I do not.
20 HEARING OFFICER WALLACE: Mr. Van
Ness?
21 MR. VAN NESS: Insofar as I understood,
22 from the basis of discovery, I understood that we
23 had the complete package here. The TCLP analysis I
24 understood to be the last page on here. Is there
50
KEEFE REPORTING COMPANY
Belleville, Illinois
1 something more?
2 MR. TAYLOR: Yes. In the last paragraph
3 there is reference to the toxicity analysis.
4 HEARING OFFICER WALLACE: Is there a copy
5 of this additional information anywhere?
6 MR. TAYLOR: Presumably we would be able
7 to find it.
8 HEARING OFFICER WALLACE: Well, if you
9 wish it to be considered then you would have to
10 provide it. Mr. Van
Ness is representing that this
11 is what was tendered during discovery, and that
12 this is the extent of his information.
13 Mr.
Zierath does not recall any
14 additional pages. So if there are additional
15 pages, you can feel free to bring those in.
16 MR. TAYLOR: Let me clarify what we are
17 saying. I believe that the record should reflect
18 that this submittal is incomplete, but we would not
19 object to entering this exhibit or the extent of it
20 that appears here.
21 HEARING OFFICER WALLACE: Well, I am not
22 so sure we are all agreed that it is incomplete.
23 That's the problem. If there are other pages that
24 are with it or are missing or whatever then it
51
KEEFE REPORTING COMPANY
Belleville, Illinois
1 would be good to see those. Otherwise, I think,
2 you know, the document is complete in what is
3 presented here.
4 Well, we will move along. I will admit
5 WHL Exhibit 14. If there are other pages then we
6 will have to bring it up later.
7 (Whereupon said document was
8 admitted into evidence as WHL
9 Exhibit 14 as of this date.)
10 MR. VAN NESS: Thank you.
11 HEARING OFFICER WALLACE: All right.
12 Exhibit 15, the RCRA inspection report.
13 MR. TAYLOR: I believe this is the page
14 that is missing that is not there.
15 HEARING OFFICER WALLACE: All right.
16 Then let's back up to Exhibit 14.
17 MR. VAN NESS: Maybe it got separated. I
18 have seen it. Evidently when I got it
it was not
19 attached to the letter.
20 MS. MENOTTI: May I see it?
21 MR. DAVIS: I can make some copies of
22 this.
23 MR. VAN NESS: Thank you.
24 HEARING OFFICER WALLACE: Okay. If I
52
KEEFE REPORTING COMPANY
Belleville, Illinois
1 could have it.
2 Mr.
Zierath, take a look at that and see
3 if you recognize that, and if you can testify that
4 that was attached to that letter.
5 THE WITNESS: I don't recall that it
6 was. But I did not look into the matter very
7 extensively at this point. So it may have been. I
8 mean, I don't know.
9 HEARING OFFICER WALLACE: All right. Do
10 you object to the attachment?
11 MR. VAN NESS: No. Mr. Hearing Officer,
12 we have no objection to adding that page so that
13 Counsel for Bell can be satisfied that the exhibit
14 is, in fact, complete. The copy of the exhibit
15 that we have does not include that, but that
16 document does appear to be a page I have seen
17 floating around as a result of discovery. So it
18 may have simply become detached.
19 HEARING OFFICER WALLACE: All right. I
20 will attach the page that has a heading of Randolph
21 & Associates, Inc. with a report date of 04-23-90,
22 and that will be attached to WHL Exhibit 14, and
23 then we will make some copies later.
24 Okay. Any objection to 15?
53
KEEFE REPORTING COMPANY
Belleville, Illinois
1 MR. TAYLOR: No.
2 HEARING OFFICER WALLACE: All right.
3 Exhibit 15 is admitted.
4 (Whereupon said document was
5 admitted into evidence as WHL
6 Exhibit 15 as of this date.)
7 HEARING OFFICER WALLACE: That's a RCRA
8 inspection report dated 01-27-93.
9 All right. Then WHL Exhibit 16.
10 MR. TAYLOR: Yes.
11 HEARING OFFICER WALLACE: You have an
12 objection?
13 MR. TAYLOR: Yes. First, I don't
14 understand what basis it is being provided for as
15 an exhibit, whether it is supposed to be a business
16 record of the Agency or whether somehow these pages
17 are supposed to be authenticated somehow.
18 Second, is we will renew our objection to
19 relevance. We still clearly did not see a
20 connection between these sample results and any
21 waste that was found at the landfill. To make it
22 more clear, there has been no testimony that this
23 waste was sent to the landfill. We believe that
24 the statements of reason given are inadequate to
54
KEEFE REPORTING COMPANY
Belleville, Illinois
1 establish foundation.
2 HEARING OFFICER WALLACE: All right.
3 MR. VAN NESS: As regards to former, I
4 would simply point out that the witness was asked
5 whether this was the type of record that was relied
6 upon and, in fact, was it not, in fact, relied upon
7 by he and the Agency, and he stated yes.
8 As regards to the second, as far as
9 foundation is concerned, I think it is
10 transparently clear the witness has described the
11 visual appearance, the chemical results obtained
12 from the samples that were taken, and he described
13 them as being comparable and similar and supportive
14 of his previously stated view of origin of these
15 waste materials and, consequently, I think we have
16 all of the relatives that we need to show for
17 purposes of this exhibit.
18 MR. TAYLOR: May I respond?
19 HEARING OFFICER WALLACE: Yes, you may.
20 MR. TAYLOR: The last point that should
21 be made here is that these samples were collected
22 approximately nine months, by my count, after the
23 landfill shut down.
24 MR. VAN NESS: I think that will be
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KEEFE REPORTING COMPANY
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1 self-evident from the record. The witness
2 testified he obtained those samples in January of
3 1993. I think it is certainly within the purview
4 of the Board to draw any conclusions it wishes to
5 make or not to make, based upon his technical
6 expertise and the associated testimony relating to
7 this case.
8 HEARING OFFICER WALLACE: All right. I
9 am going to admit WHL Number 16.
10 (Whereupon said document was
11 admitted into evidence as WHL
12 Exhibit 16 as of this date.)
13 MR. VAN NESS: Just a moment, please.
14 (Mr. Van
Ness and Mr. Latshaw
15 confer briefly.)
16 MR. TAYLOR: Can we ask for a
17 clarification to the ruling as to whether this
18 Exhibit Number 16 is admitted for the validity of
19 the test results or for the fact that it may have
20 caused Mr.
Zierath to take certain actions?
21 The reason we raise the issue is I do not
22 believe Mr.
Zierath has provided any testimony
23 relating to the chain of custody of anyone outside
24 the Agency in handling the samples. As you see,
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KEEFE REPORTING COMPANY
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1 the samples were not analyzed by the Agency.
2 HEARING OFFICER WALLACE: I am sorry.
3 Would you repeat that? I am not sure I am clear on
4 your objection or your request for a clarification.
5 MR. TAYLOR: I guess we are asking for a
6 clarification as to whether Exhibit 16 is submitted
7 for, or admitted -- excuse me -- to prove that the
8 sampling results are correct or whether it is
9 submitted just to show that Mr.
Zierath's reading
10 of this information may have caused certain actions
11 from within the Agency.
12 HEARING OFFICER WALLACE: Well, to
13 clarify that, I have admitted it into the record
14 without any restrictions, so it is admitted for
15 whatever it is worth. You know, there were no
16 restrictions on its admission. So I don't
17 understand. Are you now asking me to restrict it
18 to a certain use, not necessarily to clarify --
19 MR. TAYLOR: Yes, we would ask you to
20 limit the use of the exhibit on the basis just
21 stated. I can restate it again.
22 MR. VAN NESS: I think I would have to
23 object to that. First, we put no such limitations
24 on similar evidence that was produced by the State
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KEEFE REPORTING COMPANY
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1 in the course of its case, and I see no reason to
2 do so here either.
3 The witness' testimony is self-limiting
4 by his own descriptions of the kind of document
5 they receive from the EPA contract laboratory and
6 the sort of information upon which they relied. It
7 is, I think, well, again, within the purview of the
8 Board to decide where else they want to go with
9 respect to the use of that evidence.
10 HEARING OFFICER WALLACE: Ms.
Menotti, do
11 you have any comment?
12 MS. MENOTTI: No.
13 HEARING OFFICER WALLACE: All right. I
14 am not going to place any restriction on WHL
15 Exhibit Number 16. It is admitted into the record
16 for whatever it is worth and you can argue that it
17 is worth nothing or it is worth something. I don't
18 know.
19 All right. Mr. Van
Ness.
20 MR. VAN NESS: Thank you.
21 Q (By Mr. Van
Ness) Mr. Zierath, I want to
22 return very quickly to the inspection of the Waste
23 Hauling Landfill on April 22, 1992. Do you recall
24 the laboratory results for the three barrels that
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KEEFE REPORTING COMPANY
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1 did not, in your judgment, test hazardous?
2 A I don't recall the analytical results for
3 those, no.
4 Q Do you recall -- perhaps you can recall
5 whether the contents of those barrels included
6 positive results for either methyl ethyl
ketone or
7 butane?
8 A Well, they all -- I am afraid I would
9 have to look at the results. As I recall, they may
10 not have all had above the detection limit for all
11 those, but some of them had below the standard but
12 above the detection limit.
13 Q So there might have been methyl ethyl
14 ketone present, but not in a concentration above
15 the standard?
16 A That's correct.
17 (Mr. Van
Ness and Mr. Latshaw
18 confer briefly.)
19 MR. VAN NESS: One moment, please.
20 (Mr. Van
Ness and Mr. Latshaw
21 confer briefly.)
22 MR. VAN NESS: We have no further
23 questions for Mr.
Zierath.
24 HEARING OFFICER WALLACE: Mr. Taylor,
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1 cross-examination?
2 MR. TAYLOR: Mr.
Nahmod will begin.
3 HEARING OFFICER WALLACE: All right. Mr.
4 Nahmod?
5 CROSS EXAMINATION
6 BY MR. NAHMOD:
7 Q Mr.
Zierath, I want to turn your
8 attention to People's Exhibit Number 14, and
9 specifically to attachment one to a memo dated
10 April 22, 1992.
11 A Yes.
12 Q You had testified that, if I am not
13 mistaken, that the appearance of the drums were all
14 pretty much the same; isn't that right?
15 A They were crushed steel drums with
16 various amounts of paint scraped off the outside.
17 Q The one drum with a label on it was drum
18 number 33; isn't that right?
19 A That's correct.
20 Q And the color of that drum was green;
21 isn't that right?
22 A According to my records here, yes.
23 Q The only other drum that was green was
24 drum number 31; isn't that right?
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KEEFE REPORTING COMPANY
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1 A That's correct.
2 Q So of the 53 drums, the one with the
3 label and then one other drum were green and the
4 rest were black, blue and white; isn't that right?
5 A That's correct.
6 Q As to that drum with a label on it, there
7 was no PID reading registered for that drum; isn't
8 that right?
9 A That's correct.
10 Q And Bell's name was not on the label;
11 isn't that right?
12 A Yes, that's correct.
13 Q The label that you saw, it's a label that
14 is commercially available; isn't that right?
15 A Yes.
16 Q And you had seen them elsewhere?
17 A I had seen them at Bell and at least two
18 other facilities I had been to.
19 Q So it was -- it could have been more than
20 two facilities that you had seen it?
21 A Essentially, yes.
22 Q How many facilities have you visited as
23 part of your responsibilities with the Agency?
24 A I don't know the -- hundreds of them. I
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1 don't know the number specifically.
2 Q You could have seen these labels at any
3 one of those hundreds or more than one of those
4 hundreds of facilities; isn't that right?
5 MR. VAN NESS: Objection. Are you asking
6 the witness to speculate or are you asking him
7 whether he has actually seen such labels?
8 MR. NAHMOD: He is not speculating. I am
9 asking him to testify as to his knowledge.
10 HEARING OFFICER WALLACE: Overruled.
11 THE WITNESS: I have seen them at more
12 than one other facility.
13 Q (By Mr.
Nahmod) More than two other
14 facilities; isn't that right?
15 A Yes, if you count Bell. I recall seeing
16 them at
at least three places other than the
17 landfill.
18 Q Did you visit those other two places when
19 you found these labels at the landfill, at the
20 Waste Hauling Landfill?
21 A No.
22 Q Isn't it true that Bell is not the only
23 facility that uses paint of various colors?
24 A Yes.
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KEEFE REPORTING COMPANY
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1 Q And that Bell isn't the only facility
2 that uses gray paint?
3 A That's correct.
4 Q And Bell is not the only facility that
5 uses pink paint?
6 A That's correct.
7 Q Isn't it also true that Bell is not the
8 only facility at which you have seen waste of a
9 rubbery texture?
10 A That's correct.
11 Q Is Bell the only facility that uses MEK,
12 otherwise known as 2-Butanone?
13 A No.
14 Q Is Bell the only facility that uses
15 acetone?
16 A No.
17 Q You testified that you saw these labels
18 at the Bell Sports facility before your visit to
19 the landfill; isn't that right?
20 A Yes.
21 Q Was that, in fact, known as the Bell
22 Sports facility at that time?
23 A My recollection is when I first dealt
24 with Bell it was known as Bell Helmets.
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KEEFE REPORTING COMPANY
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1 Q Did you visit the facility when it was
2 known as Bell Helmets?
3 A Yes, I did.
4 Q When was that?
5 A My recollection is around 1986.
6 Q What was the purpose of that visit?
7 A It was a routine RCRA inspection,
8 hazardous waste inspection.
9 Q Was the facility known as
Vetter Products
10 at that time?
11 A It had previously been known as
Vetter.
12 Q You were also there in June of 1992;
13 isn't that right?
14 A That's quite possible, yes.
15 Q And you didn't see any labels then, did
16 you?
17 A Not that I recall.
18 Q Did you complete a report based on that
19 visit?
20 A Yes, I did.
21 Q Did you take any photographs from that
22 visit?
23 A Yes, I did.
24 Q Do you recall a visit to the facility
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KEEFE REPORTING COMPANY
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1 when you were not allowed to enter the facility?
2 A No.
3 Q So every time you visited the Bell Sports
4 facility, you have been granted entrance?
5 A Yes.
6 Q And have you been allowed to inspect the
7 facility every time you have visited it?
8 A Not during the June 1993 inspection
9 visit, I guess.
10 Q The visit during which you were not
11 allowed to inspect the facility, was that before or
12 after the drums were excavated at the Waste Hauling
13 Landfill?
14 A That was after.
15 Q What was the date of that visit?
16 A That was the June 8, 1992 visit.
17 Q Then the subsequent visit you had just
18 referred to, was that January of 1993?
19 A Yes.
20 Q In June of 1992, did you visit any other
21 facilities besides Bell's?
22 A Not in connection with this
23 investigation.
24 Q So the Bell Sports facility was the only
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KEEFE REPORTING COMPANY
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1 one you visited?
2 A In conjunction with this investigation,
3 yes.
4 Q Had you already decided by the time you
5 visited Bell's facility that it was the source of
6 the drums that were found at the landfill?
7 A That was our -- that was the theory we
8 were working under at that point.
9 Q So you didn't have any theory that
10 anybody else could have been the source of those
11 drums; is that right?
12 A That's correct.
13 Q When you tested the waste at Bell's
14 facility, you said that the results from that
15 testing did not disprove that the wastes were
16 similar; isn't that right?
17 A That's correct.
18 Q So you were not testing Bell's waste to
19 see whether it proved that that waste was similar
20 to the waste at the landfill; isn't that right?
21 A That's correct.
22 Q I want to turn your attention to the
23 January 1993 report.
24 MR. VAN NESS: Is that Waste Hauling
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KEEFE REPORTING COMPANY
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1 Exhibit 15?
2 THE WITNESS: Yes, Waste Hauling Exhibit
3 15.
4 MR. VAN NESS: Thank you.
5 Q (By Mr.
Nahmod) At this point in time the
6 Waste Hauling Landfill was no longer accepting
7 waste; isn't that right?
8 A That's correct.
9 Q So the waste tested during this visit did
10 not end up at the Waste Hauling Landfill, did it?
11 A To the best of my knowledge, no, it did
12 not.
13 Q Where did it go, to the best of your
14 knowledge?
15 A I don't know.
16 Q Do you have any reason to think that it
17 went to the Waste Hauling Landfill?
18 A No.
19 Q You mentioned that you scraped the tops
20 of drums during this visit; isn't that right?
21 A Excuse me?
22 Q You had testified earlier today that you
23 took the samples by scraping the tops of drums;
24 isn't that right?
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KEEFE REPORTING COMPANY
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1 A We collected samples using generally
2 stainless steel spoons from the material at the top
3 of the drums.
4 Q Okay. Was that what you consider a
5 representative sample of the contents of the drums?
6 A Yes.
7 Q But that doesn't at all indicate what is
8 in the drums; isn't that right?
9 A No, I wouldn't characterize that as
10 right.
11 Q So when you took the samples from the
12 tops of the drums, you were assuming what was in
13 the drums; is that right?
14 MR. VAN NESS: Objection. That is not
15 what the witness stated. He is
mischaracterizing
16 the witness' testimony.
17 HEARING OFFICER WALLACE: Sustained.
18 Q (By Mr.
Nahmod) You didn't collect a
19 sample from anywhere but on top of the drums; isn't
20 that right?
21 A That is -- for several of the samples we
22 used glass tubes to collect a -- the liquid that
23 was in the drums, some of which wasn't water, so we
24 did collect as much of a column of liquid as we
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KEEFE REPORTING COMPANY
Belleville, Illinois
1 could in the containers.
2 Q Where was that liquid taken from?
3 A It was liquid that was in the drums, and
4 so we used glass tubes, basically, to get a
5 cross-section of the liquid in those drums.
6 Q So now you are saying that the samples
7 were not taken from the tops of the drums?
8 A I am saying that where we could we used
9 glass tubes to take a cross-sectional sample of the
10 liquid. Where all we could reach or all we could
11 find was the solid material, then we collected what
12 we could reach using the stainless steel spoons.
13 Q And even then you were limited by only
14 taking what wasn't frozen; isn't that right?
15 A That's correct.
16 Q I want to turn your attention to what has
17 been marked as Waste Hauling Exhibit Number -- I am
18 sorry. I am actually referring to People's
19 Exhibit -- no, that is not it. It is Waste Hauling
20 Exhibit Number 16.
21 MR. VAN NESS: Number 16?
22 MR. NAHMOD: Yes.
23 Q (By Mr.
Nahmod) Specifically, I want to
24 turn your attention to what is marked in the lower
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KEEFE REPORTING COMPANY
Belleville, Illinois
1 right-hand corner as page number 190. There is a
2 reading indicated or a level indicated for
3 2-Butanone on that page; isn't that right?
4 A Yes.
5 Q Do you see to the right of that reading
6 that there are two letters there; isn't that right?
7 A Yes.
8 Q The letters are E and B?
9 A Yes.
10 Q What is the significance of the letter E,
11 do you know?
12 A I would have to look in the reference
13 sheet at the beginning of this.
14 Q Can you please do that?
15 A The reference sheet, which is the second
16 page of this letter, indicates that E means
17 concentration exceeds the instrument calibration
18 range and was subsequently diluted.
19 Q What is the significance of that?
20 A It means that when they ran it through
21 the first time it was too concentrated and they
22 couldn't get a usable result, and so they diluted
23 the sample in known amount and ran it again so it
24 would fall into the instrumentation range.
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KEEFE REPORTING COMPANY
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1 Q Do you see here what the subsequent
2 reading was?
3 A Yes.
4 Q Okay. Now, turning your attention back
5 to the previous page, the letter B, what is the
6 significance of that?
7 A Referring once again to the reference
8 page, it says compound was found in the blank in
9 the sample.
10 Q What is the significance of that?
11 A Well, there are -- basically, the
12 laboratory uses blank samples. In this case, since
13 we were not collecting the little
volatiles they
14 would have taken an empty container that hadn't
15 been used and taken a blank sample to determine if
16 there was contamination from the lab.
17 Q This indicates that, in fact, the blank
18 was contaminated; isn't that right?
19 A Yes.
20 Q Turn your attention, please, to what is
21 in the lower right-hand corner, 000201. There is a
22 reading on that page for 2-Butanone, isn't there?
23 A Yes.
24 Q To the right of that reading the letter B
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KEEFE REPORTING COMPANY
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1 is there; isn't that right?
2 A Yes.
3 Q Here, too, doesn't this indicate that the
4 blank was contaminated?
5 A Yes.
6 Q Turning two more pages, please, to page
7 203, there is a reading there for 2-Butanone, isn't
8 there?
9 A Yes.
10 Q The notation B there, again, indicates
11 that the blank was contaminated, doesn't it?
12 A Yes.
13 Q Mr.
Zierath, when were these samples in
14 your custody?
15 A They actually never had them in my
16 custody. They were collected, and the -- by the
17 sampler and then handed to Amy Brown, who then
18 packaged them up in the cooler.
19 Q Who was the sampler?
20 A Debra
Paxton was the head sampler. She
21 was the one who actually collected the samples.
22 Q Then she handed them to Amy Brown?
23 A Yes.
24 Q To whom did Amy Brown hand them?
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KEEFE REPORTING COMPANY
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1 A She then shipped them to the laboratory.
2 Q Did you see who shipped them? By that I
3 mean who actually transported them from Amy Brown
4 to the laboratory?
5 A I don't know. We usually use UPS.
6 Q Did you see them handled at the
7 laboratory?
8 A No.
9 Q Do you know who handled them at the
10 laboratory?
11 A No.
12 Q Did you do any of the testing at the
13 laboratory?
14 A No, I did not.
15 Q Did you see how the testing was done?
16 A No.
17 Q So you have no knowledge, personally, as
18 to how the testing was conducted; isn't that right?
19 A That's correct.
20 Q You conducted no quality review check of
21 the testing?
22 A No, I did not.
23 Q So you, personally, cannot testify that
24 this testing was done correctly, can you?
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KEEFE REPORTING COMPANY
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1 A No.
2 Q You can't testify that the test results
3 are accurate, either, can you?
4 A No.
5 (Mr. Taylor and Mr.
Nahmod
6 confer briefly.)
7 Q (By Mr.
Nahmod) I want to turn your
8 attention to what has been marked as Waste Hauling
9 Exhibit Number 14. Specifically, I want to turn
10 your attention to what was the last page of the
11 exhibit, as it was submitted by Waste Hauling,
12 which I guess now is the second to the last page of
13 the exhibit.
14 These are test results given to you by
15 Bell Sports; isn't that right?
16 A Well, they were submitted as part of this
17 letter.
18 Q What was tested for?
19 A Well, it -- the tests that were run were
20 the toxic characteristic leaching procedure for
21 organic compounds.
22 Q And benzene was tested for; isn't that
23 right?
24 A Yes, that is one of the compounds.
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KEEFE REPORTING COMPANY
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1 Q And methyl ethyl
ketone was tested for,
2 right?
3 A That is also one of the compounds, right.
4 Q This is the same test you used on Bell's
5 waste; isn't that right?
6 A That's correct.
7 Q This attachment to Waste Hauling Exhibit
8 14, indicates that none of the waste sampled at
9 Bell Sport's facility was hazardous; isn't that
10 right?
11 MR. VAN NESS: I would object. Let the
12 report speak for itself.
13 HEARING OFFICER WALLACE: Overruled.
14 THE WITNESS: Nothing -- none of the
15 results here indicate that the samples here were
16 from hazardous waste.
17 MR. NAHMOD: We have no further questions
18 at this time, Mr. Hearing Officer.
19 HEARING OFFICER WALLACE: All right.
20 Redirect?
21 MR. VAN NESS: Yes. Thank you.
22 HEARING OFFICER WALLACE: Oh, I am
23 sorry. Ms.
Menotti?
24 MR. VAN NESS: I am sorry.
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KEEFE REPORTING COMPANY
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1 MS. MENOTTI: Thank you.
2 CROSS EXAMINATION
3 BY MS. MENOTTI:
4 Q I just have a couple of questions for
5 you.
6 Mr. Van
Ness asked you about
leachate
7 during his direct examination. During your limited
8 visits to the landfill, did you ever observe
9 leachate there?
10 A I recall that south of where we were
11 digging in the afternoon on April 22nd, 1992, there
12 were stains from
leachate, and that's my only
13 recollection of
leachate at that facility.
14 Q What do you mean by "stains"?
15 A Well, there were visible stains on the
16 ground. There was not liquid flowing that I
17 recall, but the ground had been stained brown where
18 leachate had flown out of the -- from the cover of
19 the material at the landfill.
20 Q You testified that you never took any
21 leachate samples at the landfill, right?
22 A I never did, no.
23 Q In your review of the file, do you know
24 if any
leachate samples were ever taken?
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KEEFE REPORTING COMPANY
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1 A I understand that there were, but I did
2 not review the file for that, so I don't know when.
3 Q Have you ever taken any
leachate samples
4 at other facilities?
5 A Yes, I have.
6 Q Can you tell me what that procedure is?
7 A The procedure is to find a place in the
8 leachate flow where you can put a clean glass
9 container and then just interrupt the flow and
10 collect the
leachate in the glass container, and
11 then transfer it from there into other appropriate
12 bottles for the analysis.
13 Q Why is
leachate analyzed?
14 A Because it is contaminated, generally,
15 and we wish to characterize how contaminated.
16 MS. MENOTTI: I have nothing further.
17 HEARING OFFICER WALLACE: All right.
18 Redirect?
19 MR. VAN NESS: Yes, Mr. Hearing Officer.
20 REDIRECT EXAMINATION
21 BY MR. VAN NESS:
22 Q Mr.
Zierath, you testified that you had
23 seen the label on what is going to be called drum
24 number 33. You had seen labels like that before;
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KEEFE REPORTING COMPANY
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1 is that correct?
2 A Yes.
3 Q And at other facilities than the Bell
4 Sports facility?
5 A Yes.
6 Q You further testified, I believe, in
7 response to Mr.
Nahmod's questioning, that you
8 didn't visit those other facilities at this time;
9 is that correct?
10 A That's correct.
11 Q Why?
12 A The only other two facilities I remember
13 seeing those labels on were they were on waste oil
14 drums, and this was -- that was not what we were
15 finding at the Waste Hauling Landfill.
16 Q So you would have no reason to look at
17 those other two sites; is that correct?
18 A That's correct.
19 Q You described taking samples at the top
20 of the drums. I assume that that is with the lid
21 off; is that correct?
22 A Yes.
23 Q And you indicated that you first used the
24 photoionization detector to determine which drums
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KEEFE REPORTING COMPANY
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1 to sample from?
2 A Yes.
3 Q Why was it necessary to use the stainless
4 steel spoons?
5 A Basically because of the nature of the
6 material. For solid materials that's what we use,
7 a clean, stainless steel spoon to dig them out.
8 Q Okay. Now, what was the nature of the
9 solid material that you were removing?
10 A It was basically a rubbery material and
11 some of it granular at times and other times it was
12 solid mass of material.
13 Q Do you recall what the physical
14 appearance of that material was?
15 A Basically it was a rubbery type material.
16 Q What color was it?
17 A I testified before there was gray plus
18 various other colors.
19 Q You previously testified, I believe, that
20 the nature of the test that was performed -- let me
21 rephrase that. Let me refer you to the correct
22 exhibit.
23 Let's turn to Waste Hauling Exhibit, I
24 guess this is 14, and what was the final page, and
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KEEFE REPORTING COMPANY
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1 I guess now is the ultimate page of that exhibit.
2 Do you have that in front of you, sir?
3 A Yes.
4 Q Is that the page that reads Environmental
5 Science and Engineering at the top?
6 A Yes.
7 Q You described the test that was reported
8 on this page as being the same test that was
9 reported in the attachment to Waste Hauling Exhibit
10 16; is that correct?
11 A Yes.
12 Q The same type of test was reportedly
13 done?
14 A Yes, the TCLP.
15 Q You didn't see that test performed, did
16 you?
17 A No.
18 Q You didn't do any independent
19 verification of the assurance of quality control?
20 A No.
21 Q All right. So you have no personal
22 knowledge if these results are accurate either, do
23 you?
24 A No.
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KEEFE REPORTING COMPANY
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1 Q How did you come about having a copy of
2 the attachment of what is now Waste Hauling Exhibit
3 16? How did that come to be in your hands?
4 A It was sent to me by an Agency employee
5 named Sue
Dubet, who is in our -- one of the
6 administrators of our contract lab program at the
7 Agency.
8 Q Do you know what she does, what her
9 duties were?
10 A Well, she works in the contract lab
11 program. She arranges for laboratory facilities
12 when we need them, and then the results are
13 submitted to her and she forwards them on to the
14 project manager.
15 Q You were the project manager in that
16 case, correct?
17 A Yes.
18 (Mr. Van
Ness and Mr. Latshaw
19 confer briefly.)
20 Q (By Mr. Van
Ness) Do you know whether it
21 would be the normal practice of the Agency to
22 advise the project manager if there were any
23 problems encountered with the lab samples or
24 analyses?
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KEEFE REPORTING COMPANY
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1 A I have been involved in projects before
2 where things were brought to my attention so, yes,
3 apparently, it is a practice of the Agency.
4 Q Were any problems brought to your
5 attention aside from those that Mr.
Nahmod
6 described to you?
7 A No.
8 Q Was there anything about those results
9 that Mr.
Nahmod described with you, was there
10 anything in that set of results that affected your
11 decision?
12 A No.
13 Q Is it still your view that the labs
14 exhumed on April 22, 1992, from the Waste Hauling
15 Landfill were received from Bell Sports?
16 A It is still my opinion that the drums we
17 exhumed were from Bell Sports, yes.
18 MR. VAN NESS: Okay. I have nothing
19 further.
20 HEARING OFFICER WALLACE:
Recross, Mr.
21 Nahmod?
22 MR. NAHMOD: Yes.
23 RECROSS EXAMINATION
24 BY MR. NAHMOD:
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KEEFE REPORTING COMPANY
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1 Q You mentioned that you had seen the
2 labels -- the type of label that was found at the
3 landfill on that one drum, you had seen that same
4 label used in connection with waste oils; isn't
5 that right?
6 A Yes.
7 Q Is there anything about that label that
8 would prevent its use with other wastes, as well?
9 A No.
10 (Mr. Taylor and Mr.
Nahmod
11 confer briefly.)
12 Q (By Mr.
Nahmod) Turning your attention
13 briefly to the inspection you conducted on January
14 of 1993, at the Bell Sports facility, you recall
15 seeing labels during your inspection on that visit,
16 don't you?
17 A Yes.
18 Q In fact, all of the drums were labeled;
19 isn't that right?
20 A Yes.
21 Q You mentioned Sue
Dubet, and she didn't
22 actually conduct any of the testing of these
23 samples, did she?
24 A No.
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1 Q So as far as you know, she doesn't have
2 personal knowledge as to whether proper procedures
3 were followed in testing the samples?
4 A No.
5 Q As far as you know, she doesn't know
6 whether the sampling results were accurate; isn't
7 that right?
8 A That's correct.
9 MR. NAHMOD: No further questions.
10 HEARING OFFICER WALLACE: Ms.
Menotti?
11 MS. MENOTTI: Nothing.
12 EXAMINATION
13 BY HEARING OFFICER WALLACE:
14 Q Mr.
Zierath, I need you to go back
15 through some more sampling on January 27th, 1993.
16 You examined how many drums?
17 A There were 54 drums in a group that were
18 identified as
nonhazardous waste drums.
19 Q And how many drums did you -- you took
20 samples from how many drums?
21 A From eight drums.
22 Q Did you remove the lids from these drums
23 or --
24 A We removed the lids from all of the drums
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KEEFE REPORTING COMPANY
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1 that the lids would come off of.
2 Q Now, of the eight drums that you sampled,
3 were some frozen on top?
4 A There was some ice in a number of the
5 drums, and including some that we sampled.
6 Q All right. The ones that had ice
7 required you to use your spoon; is that correct?
8 A That is correct.
9 Q The ones that were not frozen, you used a
10 glass tube?
11 A If there was liquid that was not frozen
12 we used a glass tube.
13 Q All right. The glass tube, is that
14 inserted -- how long is the glass tube?
15 A It is a little over three feet. It is a
16 little bit longer than the drum is tall.
17 Q And normal procedure is to insert the
18 glass tube all the way to the bottom?
19 A Yes, if there is nothing obstructing it.
20 Q And then by using the glass tube, you get
21 a cross-section of the entire barrel, or drum in
22 this case?
23 A Yes.
24 Q Or at least as far down as it will go?
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KEEFE REPORTING COMPANY
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1 A That's correct.
2 Q With the spoon method you scrape off of
3 the top of the drum; is that correct?
4 A When we use the spoon, we try and dig
5 down as far as we can so we don't just get the top
6 surface, but it is limited in how far.
7 Q All right. I assume the spoon is not
8 three feet long?
9 A You are correct.
10 Q This is where I am confused. The barrels
11 that had ice, were you able to use the spoon just
12 on the surface or did you go down below the
13 surface?
14 A The drums that had ice, it frequently
15 wasn't over the entire surface, so we were able to
16 dig down through the paint-like material a ways.
17 As far as collecting the bits of the ice, we were
18 limited to the surface, what we could break off.
19 Q Well, then, did you take more than one
20 sample from each drum?
21 A We added -- if we collected liquid --
22 Q Well, wait. Let me back up. I am
23 somewhat confused. Did you take samples of the ice
24 crystals that were on top as well as other material
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KEEFE REPORTING COMPANY
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1 in the drum?
2 A We did, but they were all added into the
3 same bottle to make a single sample of the material
4 in a drum.
5 Q So then with that type of collection, you
6 do not get any cross-sectional look at the drum?
7 A That is correct.
8 Q All right. Now the eight samples, how
9 many were glass tubes and how many were the
10 stainless steel spoon?
11 A I don't recall right offhand.
12 Q All right. Would your notes show that
13 or --
14 A Just a second. (The witness reviewed
15 documents.)
16 It appears as though there was liquid in
17 seven of the eight samples, so those were the ones
18 we would have used glass tubes on. I am sorry. It
19 appears as though all eight samples.
20 Q All eight samples what?
21 A Had liquid and, therefore, we used glass
22 tubes on all eight of those samples.
23 Q So you do not -- do you recall whether or
24 not you used the stainless steel spoon at all?
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KEEFE REPORTING COMPANY
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1 A We used the stainless steel spoons to
2 collect the solid material from the drums, because
3 all of the drums had some solids and from the ones
4 we sampled they all had some liquid also. So in
5 order to collect as representative as we could get
6 we collected part of the samples as the solid
7 material and part of it as liquid.
8 Q All right. Those samples resulted in
9 your receiving that information that is contained
10 with your letter, which has been identified as WHL
11 Exhibit 16?
12 A That is correct.
13 Q Okay. Did you utilize the information
14 you received in any fashion?
15 A The information in WHL 16?
16 Q Yes.
17 A We -- I subsequently conducted an
18 inspection at the facility, a RCRA inspection, in
19 which I reviewed documentation at the facility, and
20 subsequently our Champaign regional office followed
21 up on that, since it is actually in their region.
22 My understanding was this facility went through
23 what is called closure of their storage facility
24 where they were storing this material.
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KEEFE REPORTING COMPANY
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1 Q Okay. So your next visit, would that
2 have been the March of 1993 visit?
3 A Yes.
4 HEARING OFFICER WALLACE: All right.
5 Thank you. You may step down.
6 (The witness left the stand.)
7 HEARING OFFICER WALLACE: Let's go off
8 the record.
9 (Discussion off the record.)
10 HEARING OFFICER WALLACE: Let's come back
11 at 1:10.
12 (Whereupon a lunch recess was
13 taken from 12:10 p.m. to 1:10
14 p.m.)
15
16
17
18
19
20
21
22
23
24
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KEEFE REPORTING COMPANY
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1 AFTERNOON SESSION
2 (May 19, 1997; 1:10 p.m.)
3 HEARING OFFICER WALLACE: All right.
4 Back on the record. Let's resume for the
5 afternoon.
6 Mr. Van
Ness?
7 MR. VAN NESS: I believe that my
8 colleague will take it from here, Mr. Hearing
9 Officer.
10 HEARING OFFICER WALLACE: All right. Mr.
11 Latshaw?
12 MR. LATSHAW: Thank you, Mr. Hearing
13 Officer.
14 Mr. Riddle, I think, for the record, that
15 you have --
16 HEARING OFFICER WALLACE: Wait. Why
17 don't you call him, so that I can swear him in.
18 MR. LATSHAW: I am sorry. I thought we
19 were set.
20 I call Mr. Nick Riddle.
21 (Whereupon the witness was
22 sworn by the Hearing Officer.)
23 G E R A L D R. R I D
D L E,
24 having been first duly sworn by the Hearing
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KEEFE REPORTING COMPANY
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1 Officer,
saith as follows:
2 DIRECT EXAMINATION
3 BY MR. LATSHAW:
4 Q Mr. Riddle, what is your full name?
5 A Gerald Riddle.
6 Q Gerald R. Riddle?
7 A Gerald R. Riddle. I am sorry.
8 Q You go by Nick; is that correct?
9 A Right.
10 Q Mr. Riddle, you are not presently
11 employed by Bell Sports; is that correct?
12 A Correct.
13 Q When was the last time you were employed
14 by Bell Sports?
15 A 1995.
16 Q Prior to 1995, how long had you been
17 employed there?
18 A Eight years.
19 Q Only eight years?
20 A There was a separation. I had worked
21 about ten years before that.
22 Q What was the length of the separation?
23 A Almost two years.
24 Q So you were employed there in 1992, then;
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KEEFE REPORTING COMPANY
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1 is that correct?
2 A Yes.
3 Q So it would have been eight years prior
4 to 1995, that was your second --
5 A Yes.
6 Q -- tour there? If my arithmetic is
7 correct that would have been, what, 1987 that you
8 were re-employed?
9 A Right about there,
uh-huh.
10 Q During that eight year period prior to
11 1995, what was your position or status?
12 A Facilities manager.
13 Q What did that entail?
14 A The people in maintenance worked for me.
15 I had responsibility for security, buildings and
16 grounds.
17 Q Were you responsible in any way for
18 handling or managing any paint sludge that might
19 have been generated?
20 A Yes.
21 Q To what extent were you responsible for
22 that aspect?
23 A I was responsible for properly training
24 the people to handle the sludge and to make sure it
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KEEFE REPORTING COMPANY
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1 was disposed of properly.
2 Q In that regard did you have people
3 working for you?
4 A Yes.
5 Q How many people?
6 A I think at the most it was seven.
7 Q Aside from Mr.
Marlow and Mr. Staulter
8 (spelled phonetically) were there other persons?
9 A Yes.
10 Q Were they -- when you say seven, does
11 that count turnover?
12 A No.
13 Q Okay.
14 A Total at one time.
15 Q All right. Now, were you familiar with
16 how this paint sludge was generated?
17 A Yes.
18 Q Can you describe how it was generated?
19 A We painted bicycle helmets, and they
20 would come into a paint booth on a conveyor, and
21 that's when the paint was applied. And the paint
22 sludge was a result of the
overspray that dropped
23 into the booth and caught the water, and that's
24 where the sludge was obtained.
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KEEFE REPORTING COMPANY
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1 Q Now, was this an automatic spray process?
2 A No.
3 Q Were people used to actually spray the
4 helmets?
5 A Yes.
6 Q Were the helmets sprayed only during the
7 first shift?
8 A It varied. The majority of time it was
9 only on first shift.
10 Q When you say the majority of the time,
11 could you characterize that in terms of a
12 percentage?
13 A Over 50 percent.
14 Q Now, how was the spray gathered or
15 captured or contained in the water that you
16 described?
17 A The spray hit the water, the waterfall.
18 Q There was a waterfall behind the paint
19 line, as it were?
20 A In the paint booth, behind the conveyor
21 line.
22 Q Was it a continuous stream of water like
23 a waterfall?
24 A Yes.
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KEEFE REPORTING COMPANY
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1 Q How large was the waterfall?
2 A About five foot by five foot.
3 Q Five feet by five feet, you mean it would
4 fall a distance of five feet?
5 A The back wall was approximately that
6 size.
7 Q Okay. So a square area of approximately
8 five feet?
9 A Approximately.
10 Q Would more than one person be involved in
11 the spraying?
12 A Only one person in one booth.
13 Q How many booths were there?
14 A Three.
15 Q Were they all operated simultaneously?
16 A No. Normally 90 percent one booth, 90
17 percent of the time one booth and maybe 30 -- 20 to
18 30 percent two booths and the third booth was
19 rarely, rarely used for spraying.
20 Q Would there only be one color sprayed at
21 a time in one paint line?
22 A In one paint booth?
23 Q Yes, sir, in one paint booth?
24 A Just one color.
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KEEFE REPORTING COMPANY
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1 Q Would that color be changed during the
2 course of a single shift?
3 A It could be, yes.
4 Q Well, usually and customarily would it be
5 a process of running three or four different colors
6 during that particular shift?
7 A It really varied according to the
8 schedule.
9 Q All right. So on some days it could have
10 been a single color all day?
11 A Yes.
12 Q On some days it could have been two or
13 three or as many as five colors that day?
14 A Yes.
15 Q Now, what would happen to the water after
16 it was -- after the paint spray was captured by the
17 water, what would happen to it?
18 A When we took the sludge out of the back
19 of the booth we did take some of the water with it,
20 but it remained. It recycled in the booth.
21 Q Now, what container was there that the
22 water and the paint fell into? Can you describe
23 the nature of that container?
24 A It was just part of the paint booth. I
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KEEFE REPORTING COMPANY
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1 can't describe it.
2 Q Was there a container of some sort or did
3 it just fall on the floor?
4 A No, it was part of the paint booth,
5 inside the paint booth.
6 Q Can you describe how large an area that
7 the water fell into in terms of the container?
8 A Five foot by six feet, seven feet.
9 Q Did it have a depth where this water
10 would fall?
11 A Yes. It was -- I would have to -- I
12 don't know. It was not over three feet deep.
13 Q Okay. That would be the depth of the
14 water?
15 A Yes.
16 Q Okay.
17 A Probably less.
18 Q Two feet, perhaps?
19 A It could be.
20 Q Less than two feet?
21 A Doubtful.
22 Q All right. What would happen to the
23 water then, if anything?
24 A It stayed in the booth.
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KEEFE REPORTING COMPANY
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1 Q Would it be recycled through the booth?
2 A It stayed in the booth. We would add
3 water if needed.
4 Q So the water that would be used in the
5 waterfall was sort of just a continuous feeding
6 process with the same water and maybe you would
7 have to add some from time to time?
8 A Yes.
9 Q Is that correct?
10 A Yes.
11 Q Now, at some point in time this paint
12 sludge would have to be removed; is that correct?
13 A Correct.
14 Q How was that done?
15 A There is a small door on the back of the
16 booth that we could -- gives us access to the
17 inside, and we would dip the paint sludge out of
18 it, out of the water.
19 Q What tool or device was used for that
20 purpose?
21 A It looked something like a shovel, but it
22 was a -- made with some heavy grading, diamond
23 shaped grading that let the water fall through as
24 we picked up the sludge, with a handle on it.
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KEEFE REPORTING COMPANY
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1 Q So this would be the size, say, for
2 example of a grain scoop?
3 A No, of a flat shovel, scoop or a shovel,
4 I mean a flat shovel, maybe ten by ten inches.
5 Q Generally square though?
6 A Yes.
7 Q Is that correct? Okay. Where would the
8 paint sludge be placed?
9 A We put it into a bucket right there
10 because of the size of the access door and then we
11 put it into a drum.
12 Q A 55 type --
13 A
A 55 gallon drum.
14 Q All right. Now, how often would the
15 sludge have to be emptied from that booth,
16 container?
17 A That was strictly due to the -- you know,
18 how much we painted. And that schedule was all
19 over the place. It could be any sort of time; once
20 a week or it could vary all over the place.
21 Q Can you give me some indication of how
22 long it would take to fill up one of those barrels?
23 A I have no idea.
24 Q You have no idea?
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KEEFE REPORTING COMPANY
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1 A
Huh-uh.
2 Q You don't remember?
3 A No.
4 Q Would you fill one up each time you did
5 the process of removing the sludge?
6 A No.
7 Q Then how often would you remove the
8 sludge?
9 MR. TAYLOR: Asked and answered.
10 HEARING OFFICER WALLACE: Overruled.
11 THE WITNESS: As needed. As time
12 permitted.
13 Q (By Mr.
Latshaw) Well, let me ask you
14 this. Let's assume for a moment that you did the
15 painting on the first shift, and that there was not
16 going to be any further painting until the next
17 first shift the next day. Would somebody on the
18 second or third shift, if there is one, then remove
19 the sludge prior to the next day?
20 A That's when we did it, correct.
21 Q Okay. Was that every time, every day?
22 A No, no. Not at all.
23 Q Would it be more than twice a week?
24 A It depends entirely on how much we
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1 paint. I mean, you could paint one day a week or
2 you could paint four days a week. You know, it
3 made a difference.
4 Q You didn't paint every day, then?
5 A No.
6 Q Would you paint at least once a week?
7 A Yes.
8 Q Now, as I understand it, there were two
9 barrels provided close to each other; is that
10 correct?
11 A Correct.
12 Q One was for hazardous type material and
13 one was for paint sludge or
nonhazardous; is that
14 correct?
15 A Correct.
16 Q What would go into the hazardous barrel?
17 A Any left over paint at the end of a run,
18 the end of the day, that maybe got contaminated or
19 couldn't use or -- and then maybe some material
20 they used to clean the pots with or the guns with,
21 the paint guns with.
22 Q Something like paint thinner?
23 A Yes.
24 Q Now, these two barrels were not locked or
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KEEFE REPORTING COMPANY
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1 sealed, were they?
2 A No.
3 Q They would have lids on them, though,
4 would they not?
5 A Yes.
6 Q Aside from the person in the paint booth,
7 who was operating the painting process or whatever
8 that was, were these barrels located in some
9 location where someone could walk by?
10 A Yes,
uh-huh.
11 Q Can you indicate here on the record the
12 location of the paint booth at the
Rantoul facility
13 at Bell with regard to different hallways or
14 passageways near it?
15 A The paint room is located -- the paint
16 booth is located in the paint room, separate
17 walls. The paint room is right off the main aisle
18 that goes from the raw material warehouse to the
19 production area.
20 Q When you say right off the main aisle, do
21 you mean a fairly large passageway of some kind?
22 A
A breezeway, an aisle.
23 Q Okay. What door or access was there to
24 the paint room from that aisle?
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KEEFE REPORTING COMPANY
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1 A
A 30 man door.
2 Q Excuse me?
3 A
A 30 man door.
4 Q I am sorry. I don't understand what that
5 is?
6 A
A three foot door.
7 Q I see. A three foot door. Okay?
8 A (Nodded head up and down.)
9 Q A man door meaning a door as I would
10 probably refer to a door for people to walk
11 through; is that correct?
12 A Yes.
13 Q As opposed to a vehicle door, such as a
14 garage door?
15 A Correct.
16 Q All right. Now, was that door locked?
17 A No.
18 Q Okay. How many people had access to that
19 door?
20 A It is one of the areas that -- I mean,
21 you don't go into while they are painting. You
22 can't. You are not supposed to, I should say. But
23 other than the time that they are painting, you
24 know, different people can go in there. I don't
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KEEFE REPORTING COMPANY
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1 know how many.
2 Q Well, let's assume for the -- let me ask
3 you to assume on the second or third shift; would
4 there be access that people could have to that
5 paint room during those times, if people were
6 working those shifts?
7 A Other than the paint people, you mean?
8 Q Other than the paint people.
9 A Yes, people could get in there probably.
10 Q You worked the first shift; is that
11 correct?
12 A Correct.
13 Q What specific hours of the day
14 constituted the first shift of Bell at that time?
15 A 6:00 a.m. was the start and worked for
16 eight hours, so 6:00 to 2:00.
17 Q Until 2:00. All right. That was the
18 period you worked; is that correct?
19 A Yes.
20 Q Do you -- were there any kind of reports
21 or any kind of documentation that was generated for
22 you to review after -- or rather by the people who
23 would be working after the first shift that you
24 would review the next morning when you returned to
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KEEFE REPORTING COMPANY
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1 work?
2 A No.
3 Q It was also at that time, though, was it
4 not, that the people that worked for you would
5 remove the sludge; is that correct?
6 A Yes.
7 Q Okay. But you wouldn't get any report
8 from them?
9 A Other than --
10 Q Indicating that we had to empty it and
11 how much we did and that kind of thing?
12 A Not that type of report.
13 Q Okay. Well, what type of report, if you
14 got one?
15 A I would get a report if there was any
16 problems or, of course, hours they worked, just
17 anything unusual that may have happened.
18 Q Can you give me an example of something
19 unusual that happened?
20 A
A conveyor broke and needs to be repaired
21 first thing in the morning.
22 Q Conveyor, they would be painting during
23 the second shift, then?
24 A No, he maintained the conveyor, also.
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KEEFE REPORTING COMPANY
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1 Q All right. Let me clear this here. Did
2 people work the second and/or third shift who
3 worked for you?
4 A One person did.
5 Q Who was that?
6 A
Proemba.
7 Q All right. What was
Proemba's job?
8 A He did several things. Some general
9 maintenance and ran a bailer, a garbage compactor,
10 and removed the sludge from the paint booths.
11 Q Was this general maintenance clean up
12 type work?
13 A Yes.
14 Q How do you spell his name, so that the
15 record is clear?
16 A P-R-O-E-M-B-A.
17 Q Okay. So the only report that you would
18 get from Mr.
Proemba would be some kind of oral
19 report of some sort?
20 A It would be handwritten if there was a
21 problem.
22 Q Did this operation run three shifts?
23 A Which operation?
24 Q Bell Sports in
Rantoul?
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KEEFE REPORTING COMPANY
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1 A Sometimes. I mean, we are talking
2 several years here. Sometimes there were only
3 one. Sometimes there were three.
4 Q All right. Mr.
Proemba, however, would
5 always work the second shift?
6 A The second or the third.
7 Q All right.
8 MR. NAHMOD: Mr. Hearing Officer, we
9 would object to this continuing line of
10 questioning. Mr.
Latshaw just seems to be asking
11 whatever comes to mind. The relevance really isn't
12 clear.
13 HEARING OFFICER WALLACE: Overruled.
14 Q (By Mr.
Latshaw) Now, Mr. Riddle, where
15 was your office with regard to the location of the
16 two barrels you just described?
17 A On the opposite end of the building.
18 Q And did you spend much time in your
19 office or were you floating around the facilities
20 inspecting or doing what it is you do?
21 A I spent quite a bit of time in my office
22 and I was on the floor as needed,
uh-huh.
23 Q So people could come and go into this
24 paint room, and you wouldn't know it; is that
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KEEFE REPORTING COMPANY
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1 right?
2 A Yes.
3 Q All right. Now, were you responsible for
4 training the people who would handle this paint
5 sludge?
6 A Right, yes.
7 Q With regard to the manner in which you
8 trained them, was there any kind of written
9 instructions which you gave to them?
10 A In regards to the training, is that what
11 you said.
12 Q With regard to I guess the training
13 regarding the paint sludge, did you give them any
14 kind of written instructions?
15 A No.
16 Q Okay. Did they have a checklist?
17 A Yes. There was a checklist and a slide
18 presentation that we used specifically for that.
19 Q Now, what did this checklist consist of
20 with regard to the barrels in the paint booth area,
21 paint room?
22 A I don't remember everything, but I do
23 know it had the spec on the drums to use, and
24 the -- how to seal up a drum properly with the
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KEEFE REPORTING COMPANY
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1 gaskets and the rings and the nuts. I don't
2 remember what else was on there, that was on
3 there.
4 Q All right. Where would the empty drums
5 come from?
6 A Our purchasing group purchased them.
7 Q Were they kept -- did you keep a
8 stockpile, rather, of empty drums someplace?
9 A Out back of the building.
10 Q Okay. That's also where the drums would
11 be placed after fill; is that correct?
12 A Correct.
13 Q At the same facility?
14 A Correct.
15 Q Now, these drums at some point in time
16 were tagged or labeled; is that correct?
17 A Correct.
18 Q Do you know at which point in time they
19 were tagged or labeled?
20 A We always labeled them when we started to
21 fill a drum, as soon as we first got ready to fill
22 a drum, we labeled it.
23 Q Now, where were the labels kept?
24 A My office.
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KEEFE REPORTING COMPANY
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1 Q Who had access to them?
2 A Well, really just me.
3 Q Were they locked?
4 A When my office was locked, they were
5 locked.
6 Q Was your office locked during the day
7 when you were working?
8 A No, not most of the time.
9 Q So if you were to leave your office
10 during the day and go somewhere to do something,
11 you would not lock your office; is that correct?
12 A Correct.
13 Q Would it be possible for someone to come
14 in and pick up a label if they needed one for the
15 drum?
16 A Yes, it is possible.
17 Q Okay. Now, were you present all the time
18 when labels were placed on the drums?
19 A No.
20 Q Did you check to make sure labels were
21 placed on the drums on a daily basis?
22 A No.
23 Q Could a drum go into the paint area, the
24 paint booth, or paint room, and remain there for
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KEEFE REPORTING COMPANY
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1 the period of time that it was going to be used for
2 paint sludge, and then be taken to the storage area
3 without a label ever being put on it?
4 MR. TAYLOR: Objection. It calls for
5 speculation. The question is could. I mean --
6 MR. LATSHAW: I am sorry. I couldn't
7 hear.
8 MR. TAYLOR: The question calls for
9 speculation.
10 MR. LATSHAW: Well, if he knows, in terms
11 of if he wasn't there 100 percent of the time. If
12 there is some basis for him to claim that that is
13 not possible, I am trying to find out if such a
14 thing could have happened.
15 HEARING OFFICER WALLACE: Go ahead and
16 answer the question, Mr. Riddle.
17 THE WITNESS: Could you ask it again?
18 HEARING OFFICER WALLACE: Could you read
19 the question back.
20 (Whereupon the requested
21 portion of the record was read
22 back by the Reporter.)
23 THE WITNESS: Well, anything is
24 possible. It could. That wasn't the way we
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1 trained them to do it.
2 Q (By Mr.
Latshaw) Okay. But you didn't
3 check to make sure that that was done, that they
4 were following the checklist; is that correct?
5 A Not daily.
6 Q All right. Were these labels numbered in
7 some kind of accounting system?
8 A No.
9 Q With regard to the
nonhazardous paint
10 sludge, in 1992, for example, do you know what
11 colors were being used to identify them?
12 A I don't recall exactly.
13 Q Excuse me?
14 A I don't recall exactly, no.
15 Q Did you at any time use green labels for
16 nonhazardous?
17 A I think so. I am not 100 percent sure.
18 Q Do you know what color of label Bell used
19 in 1992, for example, with regard to labeling
20 hazardous drums?
21 A Yellow.
22 Q Was that the color consistently used by
23 Bell for its hazardous barrels?
24 A Yes.
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KEEFE REPORTING COMPANY
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1 Q But the
nonhazardous could have been or
2 the special waste sludge could have been different
3 colors from time to time except yellow?
4 A Yes.
5 Q Okay. What was supposed to be written on
6 these labels, if anything?
7 A Which labels?
8 Q Well, let's take the
nonhazardous paint
9 sludge labels. Did you instruct your people to
10 write anything on them?
11 A Not on the
nonhaz.
12 Q Were they preprinted in some form
13 specially for Bell?
14 A What time frame are you talking about?
15 Q I am referring to, say, for example,
16 1992, if you can recall?
17 A No.
18 Q They were not?
19 A No.
20 Q Okay. Was there any printing or writing
21 done on any of the hazardous labels?
22 A It was preprinted asking for the name,
23 date, and start date.
24 Q All right.
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KEEFE REPORTING COMPANY
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1 HEARING OFFICER WALLACE: The start
2 date?
3 THE WITNESS: Start date.
4 Q (By Mr.
Latshaw) Now, when they were
5 filled or after the paint sludge barrels were
6 filled, they would be removed to the storage area;
7 is that correct?
8 A Correct.
9 Q Now, this is a facility that is located
10 outside the building?
11 A Correct.
12 Q Can you describe it in terms of its
13 dimensions?
14 A Approximately 80 feet by 100 with an
15 eight foot fence around it up against a block
16 building.
17 Q Aside from both empty and filled barrels,
18 what else was located inside that?
19 A Some equipment; maybe some obsolete
20 equipment; maybe a few racks, racks being obsolete
21 equipment also, but that's about it.
22 Q All right. There was a gate?
23 A Yes.
24 Q What kind of a gate?
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KEEFE REPORTING COMPANY
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1 A
A double swing gate.
2 Q Big enough for a vehicle?
3 A
Uh-huh, yes.
4 Q Was the gate locked?
5 A Most of the time.
6 Q Was it locked during the day?
7 A If we weren't using it, if we weren't
8 going in and out of it.
9 Q It was not locked all the time during the
10 first shift; is that correct?
11 A Correct.
12 Q Could you see this area from your office?
13 A No.
14 Q Now, at some point in time Waste Hauling,
15 Inc. was contracted by Bell to pick up special
16 waste sludge; is that correct?
17 A Correct.
18 Q Were you responsible for that? Did you
19 make those arrangements?
20 A Yes.
21 Q Did you speak with Mr.
Camfield or did he
22 come to you?
23 A I spoke to him.
24 Q All right. Did you contact any other
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KEEFE REPORTING COMPANY
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1 haulers or landfills at that time?
2 A Yes, Villa Grove and one in
3 Champaign-
Urbana.
4 Q Did you say Villa Grove?
5 A That was one, yes.
6 Q All right. Do you know approximately
7 when that was?
8 A No, I don't.
9 Q Okay. After that arrangement was made,
10 did you have your paint sludge hauled anywhere else
11 until --
12 A With Waste Hauling?
13 Q Yes.
14 A No.
15 Q Well, let me represent to you that Waste
16 Hauling Landfill was shut down in May of 1992.
17 Between the time that you originally contacted Mr.
18 Camfield until May of 1992, is the period I am
19 referring to.
20 A Yes.
21 Q During that period he is the only one you
22 used; is that correct?
23 A Correct.
24 MR. LATSHAW: Could you mark this,
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KEEFE REPORTING COMPANY
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1 please.
2 (Whereupon said document was
3 duly marked for purposes of
4 identification as WHL Exhibit
5 17 as of this date.)
6 MS. MENOTTI: Do we have copies of the
7 exhibit?
8 HEARING OFFICER WALLACE: Do you have
9 copies?
10 MR. LATSHAW: No, I do not. That's the
11 second time I have done that.
12 Maybe you would like to take a look at
13 this.
14 (Mr.
Latshaw passed the
15 document to Ms.
Menotti.)
16 MR. LATSHAW: Those are the special waste
17 manifests that were provided to you during
18 discovery for Bell through Waste Hauling.
19 Q (By Mr.
Latshaw) Mr. Riddle, I want to
20 hand you what has been marked as Waste Hauling or
21 WHL Exhibit 17, and ask you to examine those
22 documents. Take your time.
23 A Okay. (The witness reviewed the
24 document.) Okay.
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KEEFE REPORTING COMPANY
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1 Q Do you recognize those as copies of Bell
2 Sports special waste manifests for paint sludge
3 shipped to Waste Hauling Landfill?
4 A Yes.
5 Q Okay. And they cover the period
6 basically 1989 -- April of 1989 through April of
7 1992; is that correct?
8 A Yes.
9 Q Were those manifests prepared by you?
10 A All except two.
11 Q Which two would those be, sir?
12 A Manifest document number NR41 and
13 manifest document NR -- and I can't make it out.
14 It is dated 12-09 and 12-11.
15 Q Which year, please?
16 A I can't read it.
17 Q Was someone else authorized to generate
18 those manifests from Bell in your absence?
19 A Yes.
20 Q Who would that have been?
21 A George
Staulter.
22 Q Do you recognize Mr.
Staulter's writing?
23 A Yes.
24 Q Are you representing that those documents
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KEEFE REPORTING COMPANY
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1 were prepared by him?
2 A Yes.
3 Q Now, Bell Sports never shipped any paint
4 sludge to Waste Hauling Landfill without a
5 manifest; is that correct?
6 A Correct.
7 Q You had to sign the manifest; is that
8 correct?
9 A Correct.
10 Q All of those are signed by you; is that
11 right, except for Mr.
Staulter's?
12 A Yes.
13 Q Now, when would you sign the manifest
14 with regard to a shipment that Mr.
Camfield or
15 someone from his company would pick up?
16 A After the drums were loaded.
17 Q Would you then inspect the load?
18 A Not every time, no.
19 Q Was someone responsible for inspecting
20 the load at Bell after it was loaded?
21 A No, just the person that was loading it
22 was responsible for it.
23 Q Do you know, is there some person,
24 rather, that you had assigned to do the loading job
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KEEFE REPORTING COMPANY
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1 all of the time?
2 A It was either George
Staulter or Marlow.
3 Q They would use, what, the forklift or
4 something like that?
5 A The fork lift.
6 Q The barrels would be stored on pallets?
7 A Not necessarily, no.
8 Q All right. Would you inspect or would --
9 did you instruct those two gentlemen to insure that
10 all barrels had labels on them?
11 A Yes.
12 Q Would you from time to time make sure
13 that they did, as well?
14 A Yes.
15 Q You don't know, however, if every load,
16 or do you, that every load was inspected to insure
17 that there were labels on every barrel?
18 A It was not inspected by me.
19 Q If the other two gentlemen you described
20 did, in fact, inspect it, would they have made some
21 report to you that they, in fact, had done so and
22 they looked good?
23 A No, there was not a report.
24 Q Okay. But you would then sign the
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KEEFE REPORTING COMPANY
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1 manifest after someone would come and tell you we
2 are loaded and ready, and you would come outside
3 and hand it to the driver?
4 A That or the driver would come to my
5 office and I would sign it there.
6 Q Okay. On those occasions where he came
7 to your office, you would not inspect the load,
8 correct?
9 A Correct.
10 Q Okay. Do you recall in June of 1992 an
11 occasion when representatives of the EPA and the
12 State Police came to Bell?
13 A Yes.
14 Q Were you present then?
15 A Yes.
16 Q Was there a meeting of some kind?
17 A Yes.
18 Q Do you remember Mr.
Zierath being
19 present, or do you know Mr.
Zierath?
20 A Yes, I know him. I don't remember that
21 he was there.
22 Q All right. Were other representatives of
23 the EPA there?
24 A The only one I remember at that meeting
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KEEFE REPORTING COMPANY
Belleville, Illinois
1 was the State Police, and that's the only one I
2 remember as to who he was.
3 Q Did they tell you why they were there?
4 A Yes, in the meeting,
uh-huh.
5 Q What did they tell you?
6 A That -- I don't recall, you know,
7 exactly.
8 Q Well, did they tell you that the EPA
9 claims that they had hazardous waste found in Waste
10 Hauling Landfill and it came from Bell?
11 A Somebody in that group did.
12 Q Okay. That's the first you heard about
13 it, I guess; is that right?
14 A Yes.
15 Q Do you know on behalf of Bell who else
16 was present at that meeting?
17 A Bill
Hassell was there.
18 Q Who is Mr.
Hassell?
19 A He was my -- he was the plant manager and
20 my immediate boss.
21 Q Who else?
22 A No one else that I can recall from Bell.
23 Q Did you state and make any comments or
24 make any statements at that meeting with regard to
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KEEFE REPORTING COMPANY
Belleville, Illinois
1 the truth or veracity of that assertion?
2 A No.
3 Q Did Mr.
Hassell make any assertion at
4 that point in time to the truth or veracity?
5 A Not that I recall.
6 Q Mr.
Hassell then subsequently prepared a
7 letter to Mr.
Zierath; is that correct?
8 A Correct.
9 Q Have you seen that letter?
10 A Yes.
11 Q I wonder if we could -- that would be
12 Waste Hauling 14. I want to show you Waste Hauling
13 Exhibit 14. Do you recall seeing that document,
14 sir?
15 HEARING OFFICER WALLACE: That goes with
16 it.
17 THE WITNESS: What was the question?
18 Q Do you recall seeing that document
19 before, sir?
20 A Yes.
21 Q Did you play any hand in having it
22 prepared for Mr. Hassles' signature?
23 A Yes.
24 Q Did you write it?
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KEEFE REPORTING COMPANY
Belleville, Illinois
1 A The fact parts I did.
2 Q Okay. There is a reference here to a
3 copy of an -- I will have you look at the bottom of
4 the first page, please. There is a reference to a
5 copy of an EP toxicity analysis?
6 A Yes.
7 Q I believe that is the loose document
8 accompanying. That document was included at the
9 time this was transmitted; is that correct?
10 A Yes.
11 Q Now, apparently Mr.
Zierath had made a
12 specific request for specific information,
13 apparently, am I correct?
14 A Yes.
15 Q Now, I guess it is item number two
16 referred to in this letter, and I guess it is
17 attached as the third attachment to the letter. It
18 appears to be an ESE Engineering report. Do you
19 have the document now?
20 A The last page?
21 Q Yes, sir, it would be the last page.
22 A I have got it.
23 Q The writing up there has paint sludge and
24 an arrow. Did you write that?
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KEEFE REPORTING COMPANY
Belleville, Illinois
1 A I sure did.
2 Q Okay. What was this report or this
3 particular attachment? What is it?
4 A It is results of some tests that ESE did
5 for Bell with testing the paint sludge.
6 Q Okay. Had you at any time -- you had
7 communicated that particular document to Mr.
8 Camfield in the past; is that correct?
9 A Not that I recall.
10 MR. LATSHAW: Could you mark this. Thank
11 you.
12 (Whereupon said document was
13 duly marked for purposes of
14 identification as WHL Exhibit
15 18 as of this date.)
16 MR. LATSHAW: That again is the
17 correspondence with Bell to Mr.
Camfield through
18 discovery. I think you have seen this, Byron.
19 Q (By Mr.
Latshaw) Mr. Riddle, I will have
20 you examine WHL Exhibit 18, please. Do you recall
21 that document, sir?
22 A Yes.
23 Q You wrote that letter as handwritten; is
24 that correct?
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KEEFE REPORTING COMPANY
Belleville, Illinois
1 A Yes.
2 Q All right. Can you characterize what
3 that letter is?
4 A The results of TCLP test of our special
5 waste.
6 Q Now, the attachment to that exhibit is
7 the same as the last page of the exhibit -- the
8 attachment to the exhibit Waste Hauling 14; is that
9 correct?
10 A Correct.
11 Q So is it fair to say then that you had
12 communicated -- what is the date of the Exhibit 18,
13 sir?
14 A 12-17-90.
15 Q Okay. So you communicated to Mr.
16 Camfield the results of your TCLP in 1990; is that
17 correct?
18 A Correct.
19 Q For your paint sludge?
20 A Yes.
21 Q Now, subsequent to 1992, you had also had
22 a visit from Mr.
Zierath in I believe January of
23 1993. Do you recall that?
24 A Not specifically that date.
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KEEFE REPORTING COMPANY
Belleville, Illinois
1 Q All right, sir. But some time in the
2 winter after June of 1992?
3 A Yes.
4 Q Were you present when Mr.
Zierath came to
5 your establishment at that time?
6 A No.
7 Q You were not there?
8 A No.
9 Q Okay. Did you subsequently receive some
10 communication from Mr.
Zierath with regard to his
11 visit during the winter?
12 A Yes.
13 Q I am going to hand you I think Exhibit
14 15, Waste Hauling Landfill 15?
15 HEARING OFFICER WALLACE: It is Exhibit
16 16.
17 Q (By Mr.
Latshaw) Excuse me. It is
18 Exhibit 16. And ask you if you have seen that
19 document before?
20 A Yes.
21 Q Do you recall if there was any discussion
22 or reaction to that document by yourself and Mr.
23 Hassell?
24 A I am sure we discussed it.
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KEEFE REPORTING COMPANY
Belleville, Illinois
1 Q Well, did it mean anything to you, I
2 guess, is my question?
3 A This?
4 Q Exhibit 16, yes, sir.
5 A Well, I guess I don't understand the
6 question.
7 Q Well, were you able to understand what it
8 was communicating to you?
9 A Oh. Yes.
10 Q Did Bell Sports do anything about it at
11 that time? Did it do anything as a result of
12 receiving that communication from Mr.
Zierath?
13 A We contacted our consultants.
14 Q All right. Now, you were aware at some
15 time that Mr.
Camfield's landfill was shut down; is
16 that correct?
17 A Yes.
18 Q What did you do with the paint sludge
19 between the time you learned about that in March of
20 1993, I believe was the date of that letter; is
21 that correct?
22 A March of 1993 is the date of the letter.
23 Q Yes. What did you do with the paint
24 sludge? Did you ship it someplace else between
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KEEFE REPORTING COMPANY
Belleville, Illinois
1 June of 1992 and March of 1993?
2 A No, we didn't ship any
nonhazardous after
3 that date.
4 Q Did you contact any other landfills for
5 the purpose of doing that?
6 A I didn't.
7 Q You didn't. Did anyone on behalf of
8 Bell, that you know of, contact any other
9 landfills?
10 A No.
11 Q How about are you familiar with the
12 landfill in Clinton?
13 A I just know that there is one there.
14 Q Did you have any contact with the
15 landfill there to ship the special waste sludge?
16 A No.
17 Q Are you aware of whether anyone else did
18 on behalf of Bell, that is, sir?
19 MR. TAYLOR: Asked and answered.
20 HEARING OFFICER WALLACE: Overruled.
21 THE WITNESS: I am not aware.
22 Q (By Mr.
Latshaw) All right, sir. As a
23 part of Exhibit 15, if I may hand you Waste
24 Hauling -- WHL Exhibit 15, imbedded in that exhibit
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KEEFE REPORTING COMPANY
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1 is what appears to be a Bell Sports application for
2 paint sludge to the Clinton Landfill.
3 MR. TAYLOR: Object to the
4 characterization of this document.
5 MR. LATSHAW: All right. Well, let me
6 rephrase it.
7 Q (By Mr.
Latshaw) Imbedded in that
8 document, do you see an application for a special
9 waste permit involving the Clinton Landfill?
10 A Yes.
11 Q The waste generator is Bell Helmets; is
12 that correct?
13 A Yes.
14 Q Does that refresh your recollection that
15 you were trying to find some other landfill to take
16 special waste at that time?
17 A No.
18 Q It does not?
19 A No.
20 Q Do you know who generated this document?
21 A No.
22 Q If you would look at the fifth page,
23 there appears to be a letterhead of Bell attached
24 to it; is that correct?
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KEEFE REPORTING COMPANY
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1 HEARING OFFICER WALLACE: It is the fifth
2 page of the permit.
3 THE WITNESS: After this?
4 HEARING OFFICER WALLACE: Yes.
5 Q (By Mr.
Latshaw) I am sorry. The fifth
6 page of the permit.
7 A Yes.
8 Q Your name appears at the bottom of it?
9 A Yes.
10 Q Is it dated October 22, 1992?
11 A
Uh-huh, yes.
12 Q Is this letter on Bell letterhead
13 intended to be a part of this permit application?
14 A I have no idea.
15 Q Well, look at page four, one page
16 forward. It appears to be a page with your
17 signature on it; is that correct?
18 A Correct.
19 Q You still don't know if that was intended
20 to be a part of that application to Clinton?
21 A No, I don't.
22 Q None of this refreshes your recollection,
23 I guess?
24 A Not with Clinton, no.
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KEEFE REPORTING COMPANY
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1 Q The page I just referred to you bears the
2 date of 10-02-92?
3 A Yes.
4 MR. LATSHAW: Excuse me.
5 (Mr.
Latshaw and Mr. Van
Ness
6 confer briefly.)
7 MR. LATSHAW: I tender the witness. I
8 have no further questions.
9 HEARING OFFICER WALLACE: All right. Mr.
10 Taylor?
11 MR. TAYLOR: Can we go off the record for
12 a second?
13 HEARING OFFICER WALLACE: Yes.
14 (Discussion off the record.)
15 HEARING OFFICER WALLACE: Back on the
16 record.
17 Let me note here for the Board that you
18 are going to do cross-examination as well as
19 substantive questions at this point to save time in
20 recalling Mr. Riddle at a later date.
21 Is that a fair statement?
22 MR. TAYLOR: Yes, that is a fair
23 statement.
24 HEARING OFFICER WALLACE: All right. So
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KEEFE REPORTING COMPANY
Belleville, Illinois
1 the Board is put on notice at this point.
2 CROSS EXAMINATION
3 BY MR. TAYLOR:
4 Q Mr. Riddle, I have some additional
5 questions for you.
6 Will you explain for us the types of
7 waste generated in the paint room at the Bell
8 Sports facility in
Rantoul?
9 A Hazardous and
nonhazardous.
10 Q And what was the
nonhazardous waste?
11 A The sludge, the paint -- the sludge out
12 of the back of the paint booths.
13 Q And what was the hazardous waste?
14 A Anything that was generated from the
15 painting operation; left over paint, cleaning out
16 the pots and guns with the paint thinners and stuff
17 they cleaned out the paint with.
18 Q Did you generate equal amounts of these
19 wastes?
20 A No.
21 Q Was there more of one type of waste
22 generated?
23 A More of the
nonhazardous.
24 Q Why is that?
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KEEFE REPORTING COMPANY
Belleville, Illinois
1 A Well, the hazardous is -- I mean, this
2 paint is real expensive. I mean, you just want to
3 keep that to a minimum. You don't like throwing
4 money out the door. But the paint sludge, the
5 amount of that was dictated by how much we
6 painted.
7 Q Okay. So you didn't generate one drum of
8 hazardous waste for one drum of
nonhazardous waste?
9 A No, no.
10 Q Do you know what the percentage was?
11 A No, I don't.
12 Q Now, how do you know that the
13 nonhazardous waste was, in fact,
nonhazardous?
14 A I had a consultant, ESE, test it.
15 Q What does ESE stand for?
16 A Environmental Science & Engineering out
17 of Peoria.
18 Q Did they, in fact, test it?
19 A Yes.
20 Q Did they test it more than once?
21 A Yes.
22 Q Do you recall how many times they tested
23 it?
24 A No.
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KEEFE REPORTING COMPANY
Belleville, Illinois
1 Q Did they test the hazardous waste?
2 A I don't recall.
3 Q Okay. Now, did ESE or a representative
4 of ESE ever come to the Bell Sports facility?
5 A Yes.
6 Q Who was that?
7 A Ken
Konter.
8 Q Do you know about how often he would come
9 to the facility?
10 A In a year's time, more than 10 times but
11 less than 20.
12 Q Okay. Did he ever provide you with any
13 assistance other than sampling this paint waste
14 stream?
15 A Yes.
16 Q What other types of things did Mr.
Konter
17 do?
18 A He helped me with some of the reports.
19 Q What types of reports?
20 A Annual reports.
21 Q Relating to?
22 A The generation of waste.
23 Q Okay. Now, did Mr.
Konter see how these
24 wastes were generated?
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KEEFE REPORTING COMPANY
Belleville, Illinois
1 A Yes.
2 Q He was familiar with it?
3 A Yes.
4 Q Did he provide you any advice on how to
5 segregate these wastes?
6 A Yes.
7 Q And what did he tell you?
8 A To mark them accordingly and keep them as
9 far apart as we could in the storage area.
10 Q Okay. So did you decide to segregate
11 these waste streams?
12 HEARING OFFICER WALLACE: Let's go off
13 the record.
14 (Discussion off the record.)
15 HEARING OFFICER WALLACE: Back on the
16 record. Thank you.
17 Would you read his last question back.
18 (Whereupon the requested
19 portion of the record was read
20 back by the Reporter.)
21 Q (By Mr. Taylor) Let me clarify the
22 question. Did you decide this without the
23 assistance of Mr.
Konter to segregate the waste
24 streams?
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KEEFE REPORTING COMPANY
Belleville, Illinois
1 A I don't guess I understand.
2 Q Well, did you decide, without consulting
3 with Mr.
Konter, to put the sludge into one drum
4 and the hazardous materials into another drum?
5 A No.
6 Q Now, who would fill the
nonhazardous
7 drum?
8 A Most of the time it would be
Proemba.
9 Q And did he work for you?
10 A Yes.
11 Q And who would fill the hazardous waste
12 drums?
13 A Most of the time it would be the painter.
14 Q Okay. Now, these people, did they
15 receive any training in how to handle these
16 materials?
17 A Yes, that's one of the things Ken
Konter
18 did with the slide presentation.
19 Q Can you tell us, to the best of your
20 recollection, what all was encompassed within that
21 training program?
22 A We went through everything from the
23 definitions of hazardous and
nonhazardous to the
24 size of the drum, the spec of the drums, to how to
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KEEFE REPORTING COMPANY
Belleville, Illinois
1 handle it, proper procedures. I don't remember
2 anything else, I mean, specifically.
3 Q Did you have a clear understanding of
4 what was supposed to take place after that
5 training?
6 A Yes.
7 Q Did the employees who worked for you have
8 an understanding of what was supposed to take
9 place?
10 A Yes.
11 Q Now, when was it -- for purposes of
12 clarification, when was it that the labels were
13 affixed to the drums?
14 A They were put on the day, when we started
15 to -- when you put material into a drum, that's
16 when the label was applied.
17 Q Now, were you -- did you ever go into the
18 paint room?
19 A Yes.
20 Q Did you see the drums in the paint room?
21 A Yes.
22 Q When you went into the paint room, could
23 you see the labels on the drums?
24 A Yes.
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KEEFE REPORTING COMPANY
Belleville, Illinois
1 Q If you ever found a drum that was not
2 labeled, was there any sort of policy or procedure
3 in how to handle that drum?
4 A Yes, we called it hazardous if we didn't
5 know.
6 Q Even if it contained
nonhazardous
7 material?
8 A Yes.
9 Q Now, where were the drums inside of the
10 paint room, relative to the other equipment in the
11 paint room?
12 A Right beside -- well, to the left-hand
13 side of the paint booth, if you are standing
14 looking at the paint booth, approximately four foot
15 away.
16 Q Is this a large room?
17 A No.
18 Q Were the drums next to one another in the
19 paint room?
20 A They could be. Sometimes they were.
21 Q Was it physically possible to put them
22 in, like, say, catty-corner within the paint room?
23 A No.
24 Q Why was that?
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KEEFE REPORTING COMPANY
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1 A We had an oven behind the paint booths
2 that wouldn't allow you to get a drum to the other
3 side of the room.
4 Q Okay. Now, you stated on -- when Mr.
5 Latshaw was asking you questions, that the
6 hazardous waste labels were yellow?
7 A Yes.
8 Q What color, ordinarily, were the
9 nonhazardous labels?
10 A As I recall, it was green, solid green or
11 green and white or, you know.
12 Q If I showed you copies of these labels
13 would you be able to recognize them?
14 A The hazardous ones for sure.
15 (Mr. Taylor showed the label to
16 Mr.
Latshaw and Ms. Menotti.)
17 MR. LATSHAW: I think we have seen those
18 before, haven't we?
19 MR. TAYLOR: Could you mark this, please.
20 (Whereupon said document was
21 duly marked for purposes of
22 identification as Bell Exhibit
23 3 as of this date.)
24 Q (By Mr. Taylor) Mr. Riddle, I would like
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KEEFE REPORTING COMPANY
Belleville, Illinois
1 to hand you what has been marked as Bell Exhibit
2 Number 3. Do you know what that is?
3 A That's the label we used for hazardous
4 waste.
5 Q Can you describe it for us, generally?
6 A It is square, red and yellow. There are
7 lines for generator information.
8 Q Now, did you purchase these labels?
9 A Yes.
10 Q Where did you purchase them from?
11 A I asked our purchasing group to do that.
12 I don't know where they came from. Out of a
13 magazine.
14 Q Were they just generally commercially
15 available?
16 A Yes.
17 Q You didn't have them specially printed?
18 A No.
19 Q Okay. Now, who held on to these labels
20 before they were used at Bell Sports?
21 A I did.
22 Q Was it -- did you keep these labels in
23 the ordinary course of your business?
24 A Yes.
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KEEFE REPORTING COMPANY
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1 Q Was it ordinary for Bell Sports to keep
2 these labels in the ordinary course of business?
3 A Yes.
4 MR. TAYLOR: Could you mark this as Bell
5 Number 4, please.
6 (Whereupon said document was
7 duly marked for purposes of
8 identification as Bell Exhibit
9 4 as of this date.)
10 Q (By Mr. Taylor) Mr. Riddle, I would like
11 to hand you what has been marked as Bell Number 4.
12 Do you know what that is?
13 A It is a
nonhazardous waste label.
14 Q Can you generally describe that label for
15 us?
16 A Green and white,
nonhazardous waste
17 labeled on there twice, and it has some information
18 for the generator.
19 Q In terms of size, is that similar in size
20 as the hazardous waste label, which is Bell Number
21 3?
22 A Yes.
23 Q Do you recognize that label as an example
24 of the type of label that you would have placed on
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KEEFE REPORTING COMPANY
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1 the drums?
2 A Yes, it looks something like that.
3 Q Now, where did you purchase these labels
4 from?
5 A The purchasing group ordered them for me.
6 Q Who kept them when you were employed at
7 Bell Sports?
8 A I did.
9 Q Was it in the ordinary course of your
10 business to retain such labels?
11 A Yes.
12 Q Was it ordinary for Bell Sports to retain
13 those labels in the course of its business?
14 A Yes.
15 MR. TAYLOR: I would move to enter Bell 3
16 and 4 into evidence.
17 HEARING OFFICER WALLACE: Any objections,
18 Ms.
Menotti?
19 MS. MENOTTI: No.
20 HEARING OFFICER WALLACE: Mr.
Latshaw?
21 MR. LATSHAW: Well, yes, I think I should
22 interpose an objection to the -- I mean, the
23 witness, first of all, with regard to the
24 nonhazardous label simply said it was sort of kind
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KEEFE REPORTING COMPANY
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1 of like the ones that they might have used, as I
2 recall his testimony. I don't think we have ever
3 been provided with copies of these labels before
4 now.
5 MR. TAYLOR: You never asked for them.
6 MR. LATSHAW: I don't know if it is on
7 the list of exhibits, either.
8 MR. TAYLOR: It is on the list of
9 exhibits.
10 MR. LATSHAW: But I haven't seen it. I
11 don't think there is a proper foundation certainly
12 for the green one, for the
nonhazardous. It is
13 simply indicated that it might have been sort of
14 like the ones they used, but it is not necessarily
15 the one.
16 HEARING OFFICER WALLACE: All right.
17 Bell 3 and 4 are admitted.
18 (Whereupon said documents were
19 admitted into evidence as Bell
20 Exhibits 3 and 4 as of this
21 date.)
22 Q (By Mr. Taylor) Now, you stated that you
23 retained these labels. Who actually placed the
24 labels on to the drums?
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KEEFE REPORTING COMPANY
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1 A Most of the time it was
Proemba.
2 Q Okay.
3 A Or the painter.
4 Q You kept these -- where did you keep
5 these labels?
6 A In my drawer sometimes, other times I
7 kept them in my file.
8 Q Did you ever --
9 A In my filing cabinet.
10 Q Excuse me. I am sorry for interrupting
11 you. You also stated, during testimony to Mr.
12 Latshaw, that you wouldn't lock your office during
13 your shift ordinarily?
14 A Correct.
15 Q The entire time that you were employed at
16 Bell Sports, did you ever have any problems with
17 people coming into your office and improperly
18 taking these labels?
19 A Not to my knowledge, no.
20 Q Now, who ordinarily went into the paint
21 room?
22 A Just the painters and, of course, the
23 clean up crew person,
Proemba, and occasionally a
24 QC person or supervisor might go in and talk to the
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KEEFE REPORTING COMPANY
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1 people.
2 Q And by QC person you mean?
3 A Quality control.
4 Q During the course of your employment at
5 Bell, did you ever have -- were you ever made aware
6 of problems of people just randomly wandering into
7 this room?
8 A No.
9 Q Did you ever have any concerns that
10 anyone other than
Proemba or another of your
11 employees would voluntarily go into that room and
12 clean up?
13 A No.
14 Q Now, at some point the drums in the paint
15 room would become full, correct?
16 A Correct.
17 Q Can you explain to us what happened at
18 that point?
19 A At that point we would seal them up and
20 take them out back to the storage area.
21 Q Okay. Did you -- how were they stored?
22 A Most of the -- sometimes on pallets.
23 Sometimes just in the gravel area.
24 Q Did you try to segregate the hazardous
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KEEFE REPORTING COMPANY
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1 from --
2 A Oh, yes.
3 Q -- the
nonhazardous drums?
4 A Yes. We had hazardous on one side of the
5 storage area and
nonhaz on the other.
6 Q How did you know which was the hazardous
7 waste area and which was the
nonhazardous waste
8 area?
9 A Just by the labels on the drums.
10 Q And if you found a drum in the storage
11 area that was not labeled, was there any sort of
12 policy or procedure to deal with that drum?
13 A Yes, if it had some type of waste in it,
14 we always called it hazardous, just to be safe.
15 Q Now, did you ever assist in loading drums
16 on to a truck to be -- excuse me --
nonhazardous
17 drums on to a truck to be taken to Waste Hauling
18 Landfill?
19 A No.
20 Q Who was it that checked to -- who was it
21 that loaded the drums on to the truck?
22 A It could have been
Marlow most of the
23 time and
Staulter some of the time.
24 Q To the best of your knowledge, did Mr.
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KEEFE REPORTING COMPANY
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1 Marlow understand which drums were to be placed on
2 to the truck?
3 A Yes.
4 Q Which drums were those?
5 A The
nonhazardous.
6 Q You also stated, during Mr.
Latshaw's
7 examination, that you didn't check daily to insure
8 that the labels were on the drums. Why is that?
9 A I might not get to that area that day.
10 Q Did you have a concern that the drums
11 would not be labeled?
12 A No, not at all.
13 Q Why not?
14 A Because we were -- the people were
15 trained and there never was a problem.
16 Q Okay. What size drums were these wastes
17 put into?
18 A 55 gallon.
19 Q Do you know what color they were, the
20 drums?
21 A No. They were mostly dark. They were
22 black.
23 Q Do you recall ever using green drums?
24 A No.
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KEEFE REPORTING COMPANY
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1 Q You also stated that Mr.
Konter would
2 sometimes help you fill out reports?
3 A (Nodded head up and down.)
4 Q Did you fill out a report relating to
5 hazardous waste to be submitted to the IEPA?
6 A Yes,
uh-huh.
7 Q Was there an annual report to be
8 submitted to the IEPA?
9 A Yes,
uh-huh.
10 MR. TAYLOR: Could you mark this as Bell
11 Exhibit Number 5, please.
12 (Whereupon said document was
13 duly marked for purposes of
14 identification as Bell Exhibit
15 5 as of this date.)
16 MR. LATSHAW: How is this identified on
17 your exhibit list?
18 MR. TAYLOR: Do you have it there?
19 MR. LATSHAW: Yes. Is that it?
20 MR. TAYLOR: Number 9.
21 Q (By Mr. Taylor) I would like to hand to
22 you what has been marked as Bell Number 5. Do you
23 recognize that document?
24 A Yes.
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KEEFE REPORTING COMPANY
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1 Q Can you tell us what it is?
2 A It is a hazardous waste report.
3 Q Is this your signature at the bottom of
4 page one of this document?
5 A Yes.
6 Q Now, can you describe to us in a little
7 more detail what is indicated by this document?
8 A It describes the waste and the amount
9 generated.
10 Q Which types of waste?
11 A Like spent solvents, styrene monomer.
12 HEARING OFFICER WALLACE: Styrene what?
13 THE WITNESS: Monomer.
14 HEARING OFFICER WALLACE: Thank you.
15 THE WITNESS: And spent thinner.
16 Q (By Mr. Taylor) Just for a clarification,
17 was the styrene essentially the foam for the
18 helmets?
19 A Was it what?
20 Q For the foam portion of the helmet?
21 MR. LATSHAW: I think I am going to have
22 to interpose an objection to the witness testifying
23 in detail about the document because, first, it is
24 not in evidence. He can describe and identify what
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KEEFE REPORTING COMPANY
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1 it is for foundation purposes. Aside from that,
2 the document speaks for itself, unless he needs to
3 just explain language on it that might require
4 clarification.
5 My second objection is that it was my
6 understanding that exhibits had to be specifically
7 identified on these lists of exhibits and this
8 document, according to Counsel, is manifests and
9 other records relating to Bell's waste disposal
10 practices between 1990 and 1992, and are not
11 supposed to describe this document.
12 MR. TAYLOR: This is clearly a document
13 relating to Bell's waste disposal practices. In
14 fact, it is a hazardous waste report that is
15 required to be submitted to the Agency ever year by
16 law.
17 MR. LATSHAW: A list of exhibits, in my
18 view, is a list of exhibits; this is Exhibit 1, 2,
19 and 3. This is the exhibits referred to, so they
20 are identifiable documents. You know, I think it
21 is a bit ridiculous to suggest that we can just
22 categorize whole pages of documents by general
23 phrases and then use that as somehow maintaining
24 that we have indicated what exhibits we intend to
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KEEFE REPORTING COMPANY
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1 introduce.
2 HEARING OFFICER WALLACE: Mr. Taylor, any
3 further response?
4 MR. TAYLOR: It was my understanding that
5 we needed to identify exhibits, and it was our
6 understanding that this description would suffice.
7 HEARING OFFICER WALLACE: Well, was this
8 document tendered in discovery?
9 MR. TAYLOR: It was not requested.
10 MR. LATSHAW: No.
11 HEARING OFFICER WALLACE: All right. The
12 objection is upheld.
13 MR. TAYLOR: I would just simply like to
14 point out that we have -- that's okay. Can I take
15 this back?
16 HEARING OFFICER WALLACE: Yes.
17 Q (By Mr. Taylor) Mr. Riddle, did you
18 submit annual hazardous waste reports to the
19 Illinois Environmental Protection Agency?
20 A Yes.
21 Q Did you submit those reports each year?
22 A Yes.
23 Q Would those reports indicate the amount
24 and type of hazardous waste that was generated each
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KEEFE REPORTING COMPANY
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1 year?
2 A Yes.
3 Q Did Mr.
Konter assist you in preparing
4 these reports?
5 A Yes.
6 Q Did you file such a report for the year
7 of 1992?
8 A Yes.
9 Q And that report indicated the amount of
10 hazardous waste generated that year?
11 A Yes.
12 Q And did that report also indicate the
13 hazardous waste disposal facility that received
14 that waste?
15 A Yes.
16 Q Do you recall the name of that disposal
17 facility?
18 A Yes, it was Clayton.
19 Q Do you know where this Clayton facility
20 is located?
21 A I don't recall.
22 Q Did Clayton come to the facility to pick
23 up hazardous waste? Did they send a truck?
24 A I used a hazardous waste carrier that I
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KEEFE REPORTING COMPANY
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1 contacted.
2 Q Okay. Would you provide the carrier with
3 the manifest?
4 A Yes.
5 Q For each shipment of hazardous waste to
6 Clayton?
7 A Yes.
8 (Mr. Taylor and Mr.
Nahmod
9 confer briefly.)
10 Q (By Mr. Taylor) Mr. Riddle, I would like
11 to refer you to the Waste Hauling Exhibit Number
12 15, to the special waste stream disposal
13 application that allegedly is attached to this
14 report. Did you prepare this document?
15 A No.
16 Q Have you seen this document in the past?
17 A No.
18 Q Did you authorize the Clinton Landfill,
19 Inc. to submit a special waste disposal permit for
20 the receipt of special waste from Bell Sports?
21 A No.
22 Q In the fifth page back from there, in the
23 letter from Bell Sports, or the memorandum --
24 A Oh, further back?
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KEEFE REPORTING COMPANY
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1 Q Yes.
2 A Okay.
3 Q Did you sign this letter of memorandum?
4 A No.
5 Q Do you ordinarily sign documents that you
6 would send out?
7 A Yes.
8 Q Now, after the Waste Hauling Landfill --
9 did you understand that the Waste Hauling Landfill
10 closed or was shut down some time during 1992?
11 A Yes.
12 Q And you also understand that -- did Bell
13 Sports continue to send special
nonhazardous waste
14 to a disposal facility after that point in time?
15 A No.
16 Q What was done with that waste material?
17 A At that point we started shipping all of
18 our waste as hazardous.
19 Q Why is that?
20 A We weren't creating -- at that time we
21 were not creating very much waste at all, and it
22 gave us only one waste stream versus two.
23 Q And why weren't you generating much waste
24 at that time?
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KEEFE REPORTING COMPANY
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1 A We were not painting as many helmets at
2 that time.
3 Q Where did you send this material to?
4 A Coleman Chemical picked it up.
5 Q Okay. Do you know where they took it?
6 A I don't recall exactly.
7 Q Is Coleman Chemical a hazardous waste
8 hauler?
9 A Yes.
10 Q Were they asked to take it to a hazardous
11 waste facility?
12 A Yes.
13 Q Were drums that were marked
nonhazardous
14 waste sent off as hazardous waste?
15 A No. We were -- in order to be able to do
16 that I had to blend the two, the hazardous and the
17 nonhazardous, to get enough BTUs in it to make it
18 feasible to ship.
19 Q Okay.
20 A Well --
21 Q You are also aware that the State has
22 alleged that Bell Sports improperly handled waste
23 at its facility?
24 A Yes.
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KEEFE REPORTING COMPANY
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1 (Mr. Davis left the hearing
2 room.)
3 Q (By Mr. Taylor) Do you recall if Bell
4 Sports took any actions at its facility to address
5 the State's concerns?
6 A Yes, we went through closure of that
7 area.
8 Q What did that involve?
9 A ESE going in and doing all of the proper
10 testing of the ground and submitting all of the
11 proper paperwork and getting approval granted.
12 Q So ESE actually took some samples of the
13 ground in the area?
14 A Yes.
15 Q Did they prepare some sort of report?
16 A Yes.
17 Q Was that submitted to IEPA?
18 A Yes.
19 Q Did IEPA approve that submittal?
20 A Yes.
21 Q Do you recall what the approval consisted
22 of?
23 A No.
24 Q Did they tell you that you had to do any
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KEEFE REPORTING COMPANY
Belleville, Illinois
1 additional work in the storage area?
2 A No, we didn't.
3 Q Now, did you have any direct knowledge
4 that the violations alleged by the IEPA actually
5 occurred?
6 A Prior to closure?
7 Q Yes, prior to closure.
8 A No.
9 Q All right. So why did you decide to
10 close the storage area?
11 A Because when I made the decision to ship
12 everything hazardous, that meant that everything
13 out there was hazardous, and had been there over 90
14 days and, therefore, the violations and, therefore,
15 closure.
16 Q Okay. Did you do this closure
17 voluntarily?
18 A Yes.
19 Q Did IEPA ask you to do this closure
20 before you volunteered to do it?
21 A No.
22 Q Okay. Were you present at the facility
23 when Mr.
Zierath collected samples from drums in
24 January of 1993?
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KEEFE REPORTING COMPANY
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1 A No.
2 Q I take it, then, that -- do you know
3 which drums he collected the samples from?
4 A No.
5 Q Do you know whether he collected those
6 samples from hazardous waste drums?
7 A I don't know.
8 Q Do you know whether he collected from
9 solid waste drums?
10 A I don't know.
11 MR. TAYLOR: That's all for right now.
12 HEARING OFFICER WALLACE: Ms.
Menotti?
13 CROSS EXAMINATION
14 BY MS. MENOTTI:
15 Q Mr. Riddle, regarding the storage of the
16 wastes that were generated when you were still
17 generating hazardous and
nonhazardous waste
18 separately, were both of those types of wastes
19 stored in 55 gallon drums?
20 A Yes.
21 Q Were they stored in the same area of the
22 facility, or did you keep them separate?
23 A They were stored in the same fenced in
24 area.
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KEEFE REPORTING COMPANY
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1 Q And there were -- they were labeled, if I
2 understand correctly, before you started putting
3 materials in them so that you knew which was for
4 which?
5 A Yes, yes.
6 Q Once you started -- once you found out
7 that the Waste Hauling Landfill was closed and you
8 started shipping everything as hazardous, am I
9 understanding correctly that you combined both
10 waste streams? You combined the paint sludge
11 materials with the paint thinners or cleaning
12 solutions or whatever?
13 A Yes.
14 (Mr. Davis entered the hearing
15 room.)
16 Q (By Ms.
Menotti) So the sludge material
17 was still the same that had been generated before
18 that was shipped under the special waste stream
19 permit?
20 A Yes.
21 Q When this change occurred, did you notify
22 the Illinois EPA of the change in your processes?
23 MR. TAYLOR: I would object to the
24 characterization of "change in your processes."
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KEEFE REPORTING COMPANY
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1 Q (By Ms.
Menotti) I am sorry. That you
2 were no longer operating -- that you were no longer
3 sending the paint sludge as special waste?
4 A I don't think I did.
5 Q Okay. For what period of time were you
6 sending the
nonhazardous paint sludge to the Waste
7 Hauling Landfill?
8 A I would have to look up the date. I
9 really don't know.
10 Q Is there a document in front of you that
11 would help refresh your memory?
12 A Yes.
13 Q Can you tell me which one it is? Would
14 the waste manifest help you?
15 A The permit would.
16 Q The permit in the --
17 A This one here.
18 Q The permit in the document that is
19 marked, I believe, as Waste Hauling Landfill
20 Exhibit 15?
21 A This one here, isn't it?
22 Q That's the Waste Hauling Number Exhibit
23 14. I am sorry.
24 A Go ahead?
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KEEFE REPORTING COMPANY
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1 Q Can you look at that document and tell me
2 for what period of time you were shipping waste to
3 the Waste Hauling Landfill?
4 A May of 1990 we started.
5 Q Okay. And --
6 A Well --
7 Q Did the same
transporter come and pick up
8 the waste to take to the Waste Hauling Landfill
9 every time?
10 A Yes.
11 Q And that was Waste Hauling, Inc.?
12 A Yes.
13 Q Do you recall about how many shipments
14 from 1990 to 1992 that you sent to the landfill?
15 A No, I don't.
16 Q Do you recall, at all, sending a shipment
17 during April of 1992?
18 A Yes.
19 MS. MENOTTI: I don't have anything
20 else.
21 HEARING OFFICER WALLACE: Mr.
Latshaw?
22 MR. LATSHAW: Yes, thank you.
23 In order for me to be clear, I don't know
24 if Mr. Taylor was complete with both
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KEEFE REPORTING COMPANY
Belleville, Illinois
1 cross-examination and direct of Mr. Riddle or
2 whether we are just dealing with the first round of
3 cross and then redirect, and then he is going to
4 begin with his direct, I guess.
5 I am just trying to find out if you are
6 done with the witness altogether.
7 MR. TAYLOR: It depends on what questions
8 you ask.
9 MR. LATSHAW: Well, aside from finishing
10 this round, are you --
11 MR. TAYLOR: Yes.
12 MR. LATSHAW: All right.
13 REDIRECT EXAMINATION
14 BY MR. LATSHAW:
15 Q Now, Mr. Riddle, I thought that you said
16 that between June of 1992 and March of 1993 you
17 were not painting any helmets?
18 MR. TAYLOR: Objection. It is a
19 mischaracterization of his testimony.
20 Q (By Mr.
Latshaw) Am I correct?
21 MR. TAYLOR: I will withdraw it.
22 THE WITNESS: Can you give me those dates
23 again?
24 Q (By Mr.
Latshaw) June of 1992 and March
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KEEFE REPORTING COMPANY
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1 of 1993, from the time that Mr.
Zierath visited
2 your offices and you received his letter in March
3 of 1993, I thought that was the period of time you
4 indicated that there was no painting of helmets
5 going on. Did I hear that correctly?
6 A I don't know. I didn't know I indicated
7 that, no.
8 Q So that is not correct?
9 A We painted helmets.
10 Q Okay. You painted helmets and there was
11 no substantial change in the process that had been
12 going on during that period in terms of the
13 production or the production requirements and the
14 painting?
15 A The amount of production might have been
16 the only thing that changed.
17 Q Okay. I wonder if I could have you refer
18 to WHL Exhibit 15 again, sir.
19 Can you indicate on the record why you
20 filled out that pesticide, herbicide certification
21 in October of 1992? There was no application that
22 you are aware of for shipment of the paint sludge?
23 A I filled out that pesticide yearly per
24 ESE, and it is sent in to the IEPA.
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KEEFE REPORTING COMPANY
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1 Q So that is provided, you are saying,
2 independent of any permit application; is that
3 correct?
4 A Yes.
5 Q And you do that on an annual basis?
6 A Yes.
7 Q Is that in October of every year?
8 A I don't recall.
9 Q Okay. Now, Counsel asked you about the
10 colors of these drums, and you said that they were
11 mostly black but there were others; is that right?
12 A Black is the only color that I recall.
13 Q Okay. But there were other colors that
14 you used; is that correct?
15 A I know we used some yellow
overpacks.
16 That's the only one that I really remember. The
17 yellow
overpacks.
18 Q You don't recall any other specific
19 colors, though; is that correct?
20 A No, I don't.
21 Q Is it possible that they could have used
22 other colors?
23 A Yes, it is possible.
24 Q Okay. Did you do the ordering for the
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KEEFE REPORTING COMPANY
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1 drums or did you, again, rely upon the purchasing
2 group?
3 A The purchasing group did that.
4 Q Okay. Did you tell them which colors to
5 buy?
6 A No, just the amount.
7 Q Okay. Was there ever a time when you ran
8 out of labels,
nonhazardous green labels, that you
9 know of?
10 A Not that I recall, no.
11 Q All right. Now, Mr.
Konter, was that his
12 name, from ESE?
13 A
Konter.
14 Q From your testimony I guess ESE and Mr.
15 Konter or Mr. Konter decided how the two waste
16 streams were to be structured and set up prior to
17 1992?
18 A Yes.
19 Q All right. They would visit how often?
20 A Oh, 10 to 20 times a year.
21 Q Okay. During the course of their visits,
22 would they then inspect the premises and watch the
23 process?
24 A Yes.
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KEEFE REPORTING COMPANY
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1 Q Would they watch the process of the
2 loading of the paint sludge and
nonhazardous drums?
3 A On to the truck?
4 Q No, sir. First of all, the loading of
5 the barrel itself in the paint facility?
6 A No.
7 Q Would they watch the loading of the
8 trucks?
9 A No.
10 Q Would they watch the sealing of the
11 drums?
12 A Not the daily sealing of the drums, no.
13 Q The drums were not actually sealed, were
14 they, until they were stuck in the storage facility
15 full?
16 A Right.
17 Q From the time that they were initially
18 placed in the paint booth or paint room until they
19 were taken to the storage facility and sealed, they
20 were open; is that correct?
21 A They were sealed when they left the paint
22 room.
23 Q All right. But up until the time they
24 leave the paint room they were not sealed?
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KEEFE REPORTING COMPANY
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1 A Correct.
2 Q They had a lid on it, but they were not
3 sealed?
4 A Correct.
5 MR. LATSHAW: All right. I think I am
6 done with this witness, although I would like to
7 move to admit WHL Exhibits 17 and 18.
8 HEARING OFFICER WALLACE: Any objection,
9 Ms.
Menotti?
10 MS. MENOTTI: Can I see Number 18? Thank
11 you.
12 Okay. We don't have any objections.
13 HEARING OFFICER WALLACE: Mr. Taylor?
14 MR. TAYLOR: Just a second. We are
15 trying to make sure we have the numbers right.
16 No objection.
17 HEARING OFFICER WALLACE: WHL Exhibits 17
18 and 18 are admitted into evidence.
19 (Whereupon said documents were
20 admitted into evidence as WHL
21 Exhibits 17 and 18 as of this
22 date.)
23 HEARING OFFICER WALLACE: Mr. Taylor,
24 further questioning?
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KEEFE REPORTING COMPANY
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1 MR. TAYLOR: I have just a few
2 additional.
3 HEARING OFFICER WALLACE:
Recross,
4 redirect?
5 MR. TAYLOR: Whichever.
6 RECROSS EXAMINATION
7 BY MR. TAYLOR:
8 Q Just for purposes of clarification, Mr.
9 Konter or other representatives of ESE at some
10 point went into the paint room, correct?
11 A Oh, yeah.
12 Q And the drums would have been visible at
13 that time, correct?
14 A Yes.
15 Q Okay. And they had the opportunity to
16 look into the drums?
17 A Yes.
18 Q And, in fact, on different occasions,
19 they actually took samples of the
nonhazardous
20 material?
21 A Yes.
22 MR. TAYLOR: Okay. Thank you. No
23 further questions.
24 HEARING OFFICER WALLACE: Ms.
Menotti?
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KEEFE REPORTING COMPANY
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1 MS. MENOTTI: Nothing else.
2 EXAMINATION
3 BY HEARING OFFICER WALLACE:
4 Q All right. Mr. Riddle, I am going to
5 have some clarifying questions, I hope, for the
6 record.
7 You are not now employed by Bell Helmets?
8 A No, sir.
9 Q Bell Sports?
10 A No.
11 Q All right.
12 A Self-employed.
13 Q You are self-employed? Do you have any
14 affiliation or relationship with Bell?
15 A No.
16 Q Your first employment with Bell was back
17 in the 1970s; is that correct?
18 A Yes.
19 Q And you worked for ten years and left for
20 two years?
21 A Approximately a year and a half, two.
22 Q And then came back?
23 A
Uh-huh.
24 Q On WHL Exhibit 15, which is the RCRA
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KEEFE REPORTING COMPANY
Belleville, Illinois
1 inspection report, I have it right here, you were
2 saying that you have never seen this permit
3 application; is that correct?
4 A That's correct.
5 Q All right. And then you would not know
6 why your name was put in down here as the
7 generator?
8 A No.
9 Q Was Clinton -- you said you never had any
10 contact with Clinton Landfill?
11 A Not at all.
12 Q You also say you never prepared or saw
13 this memo that is dated October 22, 1992?
14 A I did not prepare that.
15 Q Have you seen it prior to today?
16 A Not that I recall.
17 Q All right. The Agency
fella is gone, but
18 all these pages have the number 924702, on all
19 these several pages, which would indicate that that
20 is part of an application. You have never seen any
21 of those pages?
22 A Can I see them?
23 Q I should rephrase that. I mean, you have
24 never seen this as an application packet?
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KEEFE REPORTING COMPANY
Belleville, Illinois
1 A No, no.
2 Q Okay. Some of the ESE reports you may
3 have seen?
4 A Yes.
5 Q Okay. Now, at the very beginning of your
6 testimony you said that the conveyor brings the
7 helmets in, they are sprayed, and the sludge hits
8 the water and then drops down to --
9 A The
overspray hits.
10 Q The
overspray of the paint hits a wall of
11 water at the back of the painting booth?
12 A
Uh-huh.
13 Q Yes?
14 A Yes.
15 Q And then the sludge then drops to a tray
16 like feature in the booth itself at the floor of
17 the booth?
18 A Yes.
19 Q And then there is an escape hatch at the
20 back or the side?
21 A The back.
22 Q At the back, which your employee,
23 Proemba, would scoop out the sludge?
24 A Correct.
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KEEFE REPORTING COMPANY
Belleville, Illinois
1 Q How big is the tray at the bottom of the
2 booth that sludge accumulated in?
3 A Just where the sludge is, it is probably
4 five foot by three feet, approximately.
5 Q Is it an actual tray depression in the
6 booth or what? How would you describe where the
7 sludge falls on the bottom of the booth?
8 A It has a -- it is an angled piece of
9 metal that helps -- that throws all the sludge into
10 one area, with the angle, to the back of the booth,
11 and there is a couple of feet, three feet of water
12 in it.
13 Q What does the water do? What is its
14 purpose in the booth?
15 A It keeps the
overspray from -- once it
16 hits the water it grabs it. The water hangs on to
17 the
overspray.
18 Q All right. So without any diagrams here,
19 the paint is sprayed horizontally or at an angle to
20 the helmet?
21 A Horizontally.
22 Q And then the
overspray then hits the
23 water which is flowing --
24 A Behind the helmet.
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KEEFE REPORTING COMPANY
Belleville, Illinois
1 Q Behind the helmet. Then the water is to
2 catch the spray and drop it down?
3 A Yes.
4 Q All right. Now, in your fenced area,
5 when you loaded the barrels on the truck, were they
6 put on a pallet and then loaded or were they always
7 put on pallets before being put into the truck?
8 A No. The
nonhazardous?
9 Q Yes.
10 A No, they were not.
11 Q Some were and some were not?
12 A No, we didn't load them on the truck with
13 pallets. They were set up with the forklift, one
14 drum at a time.
15 Q And then rolled off of the forklift into
16 the truck?
17 A It was on a flatbed, so we could load it
18 from the side.
19 Q Well, if I remember correctly, if you
20 have the drum sitting on the forklift prongs you
21 have to tip the barrel off with the prongs, do you
22 not?
23 A Well, we had barrel grabbers and you can
24 just grab it.
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KEEFE REPORTING COMPANY
Belleville, Illinois
1 Q Oh, okay. So you never used the
2 pallets? You just used a flatbed truck and stuck
3 the drums on the flatbed?
4 A Correct.
5 Q Now, in response to Bell Number 4, the
6 green placard, is it your recollection that this
7 was being used in the spring of 1992 or it is just
8 similar to what is being used?
9 A It is similar. I don't remember that
10 exactly. It is similar as in green and white and
11 it says
nonhaz on it.
12 Q All right. Now, the yellow hazardous
13 waste one, you are sure that that is the one that
14 was being used, at least in the spring of 1992?
15 A Yes.
16 HEARING OFFICER WALLACE: All right.
17 Thank you, Mr. Riddle.
18 Anything else of Mr. Riddle?
19 MR. LATSHAW: No.
20 MR. TAYLOR: No.
21 HEARING OFFICER WALLACE: No?
22 MR. TAYLOR: We would like to restate I
23 guess our objection to the ruling that the 1992
24 annual hazardous waste report could not be
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KEEFE REPORTING COMPANY
Belleville, Illinois
1 submitted.
2 HEARING OFFICER WALLACE: All right. So
3 noted.
4 All right. Mr. Riddle, thank you. You
5 may step down.
6 (The witness left the stand.)
7 HEARING OFFICER WALLACE: Let's take a
8 five or six minute break.
9 (Whereupon a short recess was
10 taken.)
11 HEARING OFFICER WALLACE: Back on the
12 record.
13 (Whereupon the witness was
14 sworn by the Hearing Officer.)
15 HEARING OFFICER WALLACE: You may
16 proceed.
17 MR. LATSHAW: I will proceed.
18 HEARING OFFICER WALLACE: Thank you.
19 J E R
R Y E. C A M F I E L D, SR.
20 Having been first duly sworn by the Hearing
21 Officer,
saith as follows:
22 DIRECT EXAMINATION
23 BY MR. LATSHAW:
24 Q Jerry, on the record, could you indicate
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KEEFE REPORTING COMPANY
Belleville, Illinois
1 your full name, please.
2 A Jerry E.
Camfield, Sr.
3 Q Jerry, you are or were, I guess, the
4 owner of a corporation that used to operate a
5 landfill in Macon County; is that correct?
6 A That's correct.
7 Q Approximately when did you start
8 operating that landfill for that company?
9 A In May of 1980.
10 Q Now, the exact name of the corporation
11 that are named as respondents here are Waste
12 Hauling, Inc. and Waste Hauling Landfill, Inc. You
13 are familiar with those corporations; is that
14 correct?
15 A Yes.
16 Q You are the sole shareholder of those; is
17 that correct?
18 A Yes.
19 Q You are the only officer and director?
20 A That's correct.
21 Q Now, from the time that this landfill
22 began to operate under your direction, you
23 periodically received visits, I guess, from
24 representatives of the Illinois Environmental
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KEEFE REPORTING COMPANY
Belleville, Illinois
1 Protection Agency; is that correct?
2 A That's correct.
3 Q During any of those visits, do you recall
4 any conversations with representatives of the EPA
5 in their inspections about this matter of a
berm?
6 A Yes.
7 Q Can you describe what this
berm is, first
8 of all?
9 A Well, there is a
berm that is on the
10 north side and it wrapped around and proceeded
11 south on both the east and west sides almost to the
12 south border.
13 Q All right.
14 A It was tapered from the south, north. In
15 other words, there was more
berm on the north than
16 actually on the south side.
17 Q Now, the property on which the landfill
18 sits is approximately how much acreage, if you
19 know?
20 A The total acreage is about 50 acres.
21 Q Now, there are actually two principal
22 fill areas; is that correct?
23 A There are actually three.
24 Q All right. We have referred or heard
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KEEFE REPORTING COMPANY
Belleville, Illinois
1 testimony in this case between an old and a new
2 area?
3 A That's correct.
4 Q Can you describe what those are?
5 A Well, the old area is two areas that were
6 filled prior to 1980. I believe they were ceased
7 somewhere in early 1979. They are east of the
8 creek that runs through the property. The creek
9 runs kind of from the southeast to the northwest at
10 an angle.
11 Q Now, would the new area then, the
12 so-called new area, be on the west side of that
13 creek?
14 A That's correct.
15 Q That's the area you described with regard
16 to this
berm; is that correct?
17 A That's correct.
18 Q All right. Now, during the course of any
19 inspections, did any representatives of the EPA ask
20 you or indicate to you or suggest to you or in any
21 manner tell you to raise this
berm?
22 A That's correct. It is also noted on the
23 reports.
24 Q Now, what did you understand that to
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KEEFE REPORTING COMPANY
Belleville, Illinois
1 mean?
2 A Raise the
berm higher than what it was at
3 that time.
4 Q Was there -- did you understand that
5 there was any reason to raise the
berm as far as
6 you knew?
7 A No. Other than the fact that it -- they
8 had decided that it wasn't the way it should be and
9 I was to raise it.
10 Q What process would you engage in
in order
11 to comply with that? What did you do?
12 A We done just that. We started hauling
13 dirt in and raising the
berm.
14 Q What relationship, if any, was there
15 between this
berm and the fill portion of the
16 landfill?
17 A Well, it is outside the fill. The
berm
18 is what is outside of the garbage that is hauled in
19 there.
20 Q Well, as the
berm was raised what would
21 happen to the fill area?
22 A It would go up.
23 Q All right. Was there a reason for that?
24 In your mind, was there some reason why that
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KEEFE REPORTING COMPANY
Belleville, Illinois
1 occurred?
2 A Well, in my mind, when the
berm was
3 raised then you had to shape the garbage and the
4 top cover when you applied it so that there
5 wouldn't be water going into the fill. It had to
6 run off when you got to the final stages of it.
7 Q The final stages, meaning?
8 A Closure.
9 Q Closure. Okay. So, apparently, the fill
10 did -- did the fill then rise?
11 A Yes.
12 Q Did the fill area rise along with the
13 berm, then?
14 A Yes.
15 Q After you would raise this
berm area, the
16 fill would rise, also?
17 A Yes. I would build up to the
berm on an
18 angle and taper so that when we put the final cover
19 on it, the water would not settle down in the fill,
20 it would run off the side.
21 Q When you say settle down in the fill, do
22 you mean --
23 A Well, if it is flat --
24 Q Where it is flat --
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KEEFE REPORTING COMPANY
Belleville, Illinois
1 A If it is flat, it is going to either lay
2 there or eventually it is going to wind up in the
3 fill.
4 HEARING OFFICER WALLACE: Mr. --
5 THE WITNESS: Because it is going to soak
6 through the -- yes?
7 HEARING OFFICER WALLACE: I am sorry.
8 Finish your question. But wait for Mr.
Latshaw to
9 finish his question before you --
10 THE WITNESS: Oh, okay.
11 HEARING OFFICER WALLACE: -- start
12 answering, please.
13 THE WITNESS: All right.
14 Q (By Mr.
Latshaw) Now, I guess I
15 understand that -- I presume that you are just
16 raising, sort of building a mound there, then, is
17 that what, in effect, was happening?
18 A Yes.
19 Q The
berm was on the north side of the
20 property?
21 A Yes.
22 Q Was the existing contours of the
23 property, before any fill was put there, would it
24 generally fall from the south to the north?
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KEEFE REPORTING COMPANY
Belleville, Illinois
1 A Yes.
2 Q Okay. It was higher at the south than it
3 was at the north?
4 A Yes.
5 Q All right. So the
berm was built on the
6 north side?
7 A Yes.
8 Q To contain the flow I guess, right?
9 A Yes.
10 Q Okay. Now, after you had raised the
11 berm, did any inspector subsequently come out to
12 talk to you about this
berm?
13 A We had periodic inspections, yes.
14 Q Did each one talk about this
berm, as far
15 as you recall?
16 A I don't know how many particular ones
17 that inspected it, you know, mentioned it.
18 Q Did somebody talk about height at some
19 point in time?
20 A Yes. They started talking about height
21 in about 1986, 1987, somewhere along in there.
22 Q Was that the first time you had heard
23 anything about height in connection with the
berm?
24 A Yes.
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KEEFE REPORTING COMPANY
Belleville, Illinois
1 Q Do you recall who it was that you had
2 this discussion with, as a representative of the
3 EPA?
4 A I don't recall the person's name, no.
5 Q Did you make any inquiry of any
6 representative of the EPA about how these two were
7 going to be related?
8 A Yes. I contacted the engineer, my
9 engineer, and we discussed it.
10 Q All right. There was at some point in
11 time an aerial survey map or drawing generated. Do
12 you recall that?
13 A Yes.
14 Q Okay. Was that generated at or about the
15 same time that the discussions about the height
16 were begun?
17 A Yes.
18 Q And that aerial survey was generated as a
19 result of your discussions with Mr.
Krimmel?
20 A That's correct.
21 Q Now, an administrative citation was
22 served on you at one time. Do you recall that?
23 A Yes.
24 Q And that citation had to do with, among
184
KEEFE REPORTING COMPANY
Belleville, Illinois
1 other things, height,
overheight; is that correct?
2 A That is correct.
3 Q You paid a penalty on that administrative
4 citation. Do you recall that?
5 A Yes.
6 Q Do you recall how much you paid?
7 A $2,500.00.
8 Q Okay. Do you recall approximately when
9 that was?
10 A 1989, 1990, somewhere along in there.
11 Q Okay. I am not going to have this
12 marked, but I am going to hand you what appears to
13 be a copy of a check made out to the amount of --
14 made out to the Illinois Environmental Protection
15 Agency signed by --
16 MR. TAYLOR: Is this on the exhibit
17 list?
18 MR. LATSHAW: Yes. I am not having it
19 entered. I am just having him refresh his
20 recollection.
21 Q (By Mr.
Latshaw) Does that refresh the
22 recollection as to the date when this sum may have
23 been paid?
24 A Yes.
185
KEEFE REPORTING COMPANY
Belleville, Illinois
1 Q And what is your recollection of the
2 date?
3 A 02-22-91.
4 Q Now, you also recall that in May of 1992,
5 as a result of a Circuit Court proceeding, your
6 landfill was closed by an order of Court; is that
7 correct?
8 A That's correct.
9 Q And you were required to do certain
10 things at that time; is that right?
11 A That's right.
12 Q Did you undertake to do any kind of
13 closure efforts following that order?
14 A Yes.
15 Q And could you indicate on the record what
16 efforts you did undertake at that time?
17 A Well, we was ordered to cover the entire
18 landfill, and finish the -- I call it the cut off
19 wall around the old landfill, which is the area
20 east of this particular creek. It was a lot of
21 dirt moving and final cover and whatever put on the
22 fill.
23 Q You stopped receiving any waste; isn't
24 that correct?
186
KEEFE REPORTING COMPANY
Belleville, Illinois
1 A That's correct.
2 Q How much cover did you put on the
3 landfill, the new area, that is?
4 A It will vary from, in my recollection, a
5 foot to three foot different places trying to come
6 up with a contour.
7 Q How long a process was this? How long
8 did it take you?
9 A Well, we worked on it all summer long.
10 It was the latter part of September, October,
11 somewhere along in there when we got done.
12 Q Did Mr.
Krimmel participate in this
13 process in some manner, do you recall?
14 A Yes, he -- we talked about it and, you
15 know, what we was to do, and what the Court -- he
16 told me exactly what they wanted me to do.
17 Q Did he go out and probe any portion of
18 the landfill while you were there or do you know?
19 A Yes.
20 Q Did he -- you understood what he was
21 trying to do?
22 A Yes, establishing the depth of the dirt
23 we put on top.
24 Q Where did you get the dirt that you did
187
KEEFE REPORTING COMPANY
Belleville, Illinois
1 use to cover?
2 A We used a clay type dirt that he
3 instructed that that is what we was supposed to
4 use. We got it from an area just west of the
5 landfill.
6 Q This was adjacent property that you -- I
7 guess you owned that also at the time?
8 A
Uh-huh.
9 HEARING OFFICER WALLACE: Yes?
10 THE WITNESS: Yes. Excuse me.
11 Q (By Mr.
Latshaw) You need to answer
12 clearly yes or no.
13 A Okay.
14 Q Now, I guess I have asked this, but let
15 me be specific. You haven't accepted any waste in
16 any form since May of 1992 in that landfill; is
17 that also correct?
18 A That is correct.
19 Q Now, you are familiar with Bell Sports, I
20 guess; is that right?
21 A Yes.
22 Q And you were present when Mr. Riddle
23 testified just a moment ago. Do you know Mr.
24 Riddle?
188
KEEFE REPORTING COMPANY
Belleville, Illinois
1 A Yes.
2 Q You had been -- is that the gentleman you
3 dealt with at Bell Sports during the time that your
4 company was hauling paint sludge out of there?
5 A Yes.
6 Q Now, did you at any time actually visit
7 the Bell Sports facility in connection with your
8 agreement to haul this stuff?
9 A Yes.
10 Q Do you know approximately when that was?
11 A Well, it -- well, I hauled loads from the
12 original permit, which I believe was in 1986, 1987,
13 somewhere along in there, up --
14 Q I am sorry. If you are not finished, I
15 did not mean to interrupt you.
16 A Up through the last one. I didn't haul
17 the last one. I had hauled various loads.
18 Q Well, what I was getting at, did you
19 personally drive the truck over there on any
20 occasions and pick up a load of waste?
21 A Yes.
22 Q Do you know about how many times you did,
23 if you can recall?
24 A I am going to say five or six times.
189
KEEFE REPORTING COMPANY
Belleville, Illinois
1 Q Do you know -- would this be in the early
2 period, you said 1986, 1987?
3 A Yes, it would be in the earlier period.
4 I don't remember without looking at the documents
5 as to --
6 Q Sure. Did you visit and see the area
7 where the paint sludge is generated, the paint
8 booth area?
9 A Yes.
10 Q All right. How many times did you visit
11 that area when you were over there?
12 A
A couple times.
13 Q Did Mr. Riddle give you a tour or did you
14 just kind of wonder through?
15 A Well, the first time I actually got a
16 tour, but after that it was, you know, wherever I
17 wanted to go. There was no --
18 Q No one ever restricted your movements
19 there?
20 A No.
21 Q If you walked into the plant?
22 A No.
23 Q Now, did you examine the area where the
24 barrels that were used to place the paint sludge,
190
KEEFE REPORTING COMPANY
Belleville, Illinois
1 and I guess there was another barrel that was
2 supposed to be hazardous waste, did you see that
3 area, did you see those two barrels?
4 A I seen the areas.
5 Q Do you remember seeing the barrels?
6 A Yes, I seen barrels in the area, yes.
7 Q All right. Did you look in the barrels,
8 by any chance?
9 A No. The barrels were sealed, that I
10 seen. Are you talking about --
11 Q I am talking about the barrels in the
12 paint area.
13 A Oh, in the paint area. Yes, I seen the
14 barrels there also.
15 Q Well, what -- did you open the lids and
16 look at them?
17 A Yes.
18 Q Did you look inside?
19 A Yes.
20 Q All right. What did you see, if you
21 recall?
22 A Paint sludge.
23 Q All right.
24 A In one of them and then it looked and
191
KEEFE REPORTING COMPANY
Belleville, Illinois
1 smelled like thinner in the other one.
2 Q Thinner, paint thinner?
3 A
Uh-huh.
4 Q You need to answer yes or no in order for
5 the record to be clear.
6 A Okay.
7 Q Was that a yes or a no?
8 A Yes.
9 Q Now, did -- aside from opening and
10 looking in, you didn't do anything else or did
11 you? You didn't stick your hand in there or
12 anything like that?
13 A No.
14 Q Did you notice any labels on any of the
15 barrels or those two barrels?
16 A I can't honestly say that I seen any
17 labels or didn't see any labels.
18 Q All right. Did you witness the painting
19 operation?
20 A I seen a small portion of it, yes.
21 Q Okay. Is it generally correct, then,
22 that there was a waterfall and paint was sprayed
23 and then the paint would hit the waterfall and go
24 into some container?
192
KEEFE REPORTING COMPANY
Belleville, Illinois
1 A That's correct.
2 Q Did you observe anyone else near those
3 two barrels the day that you happened to be there?
4 A The day I was there, there was only the
5 painter in there.
6 Q Okay. How long were you in there, if you
7 recall?
8 A Just to step in and step out, just to
9 look at what was going on and back out.
10 Q Okay. I guess the door that went into
11 the paint room was not obstructed or locked to
12 prevent you from going in?
13 A No, no.
14 Q Okay. Now, on the occasions that you
15 actually then would pick up barrels, when you were
16 there to drive the truck, would Mr. Riddle be there
17 to meet you?
18 A No. I always -- there was always
19 somebody running around back there, and I told them
20 I was there to get barrels and they got
ahold of
21 whoever to load them.
22 Q Well, did you recall seeing Mr. Riddle at
23 any time on the visits that you actually picked up
24 the barrels?
193
KEEFE REPORTING COMPANY
Belleville, Illinois
1 A Yes, sometimes I would go through the
2 plant and he would be in his office, yes.
3 Q You knew where that office was?
4 A Yes.
5 Q What would he do or did he accompany,
6 then, you back outside or did he just stay in his
7 office and talk to you?
8 A No, we would just sit there and talk and
9 then after a period of time he would hand me some
10 papers and I would go out and wait for him to
11 finish loading the truck.
12 Q Well, you know what a manifest is?
13 A Yes.
14 Q That is what he would hand you, I
15 presume?
16 A Yes.
17 Q Would he sign it at that time when he
18 handed it to you?
19 A Yes, it was signed when I got it.
20 Q Okay.
21 A Because I had to sign it and he had to
22 retain two copies.
23 Q He would pull some copies then, right?
24 A Right.
194
KEEFE REPORTING COMPANY
Belleville, Illinois
1 Q So while the truck was being loaded, both
2 you and Mr. Riddle sometimes would be in his
3 office?
4 A That's correct.
5 Q How many people -- on that occasion, how
6 many people were loading the truck?
7 A Two.
8 Q Did you examine the labels, then? Let's
9 assume you went back outside. Did you examine the
10 labels on the truck at the time that they were
11 loading or --
12 A Yes, I would look to make sure that there
13 were labels on them.
14 Q Okay. Do you know what color labels Bell
15 used as hazardous waste, at least before today?
16 A Yes, I remember those being green.
17 Q For
nonhazardous or hazardous?
18 A For
nonhazardous.
19 Q Do you remember yellow?
20 A Yes, I remember the yellow labels being
21 on hazardous material. I have seen that both at
22 Bell and other places, too.
23 Q Okay. What do you remember the label
24 being for
nonhazardous, color-wise?
195
KEEFE REPORTING COMPANY
Belleville, Illinois
1 A Green.
2 Q At Bell?
3 A
Uh-huh.
4 HEARING OFFICER WALLACE: Yes?
5 THE WITNESS: Yes.
6 Q (By Mr.
Latshaw) Do you remember there
7 being any other color of any type?
8 A I believe I have seen blue
nonhazardous
9 labels.
10 Q Do you think that might have been at Bell
11 or somewhere else?
12 A I don't know. All I know is that I have
13 seen blue and green
nonhazardous labels, as my
14 recollection. As to where...
15 Q Okay. What type of truck was used by
16 Waste Hauling, Inc. to pick up the barrels at Bell?
17 A It was a semi truck with a flatbed
18 trailer.
19 Q The same flatbed trailer all the time?
20 A Yes.
21 Q You would not -- the times that you were
22 there you would not always stay there while they
23 loaded them; is that right?
24 A No.
196
KEEFE REPORTING COMPANY
Belleville, Illinois
1 Q Okay. How many times that you were
2 there, doing -- picking up the drums, how many
3 times was Mr. Riddle outside observing the loading
4 with you?
5 A I don't ever remember Nick being out
6 there when they was loading.
7 Q Now, you had a special waste permit for
8 the purpose of loading or hauling and disposing
9 special waste paint sludge from Bell Sports; is
10 that correct?
11 A That's correct.
12 Q Did you at any time receive hazardous
13 waste, to your knowledge, from Bell Sports?
14 A No, I did not.
15 Q Did you ever receive or transport paint
16 sludge from Bell Sports without a signed manifest?
17 A No, I did not.
18 (Mr.
Latshaw and Mr. Van
Ness
19 confer briefly.)
20 Q (By Mr.
Latshaw) Mr. Camfield, Jerry, do
21 you recall on the occasions that you picked up the
22 special waste drums, what color they were?
23 A They were various colors.
24 Q Do you recall any?
197
KEEFE REPORTING COMPANY
Belleville, Illinois
1 A I remember black and white. There could
2 have been other colors, but I don't remember.
3 Q Now, do you recall the occasion when the
4 State Police were at your landfill in April of
5 1992?
6 A Yes.
7 Q And that's to give you a search warrant?
8 A Yes.
9 Q Were you present at that time?
10 A No.
11 Q You were not?
12 A Not when they got there.
13 Q Brad Brown was not there either?
14 A No.
15 Q Where were you?
16 A In hearings in the Macon County Circuit
17 Court.
18 Q With regard to the EPA?
19 A That's correct.
20 Q All right. Did you go out there later?
21 A Yes.
22 Q What did you observe?
23 A I observed a lot of people running around
24 in white suits, a backhoe, a roll-off truck with a
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KEEFE REPORTING COMPANY
Belleville, Illinois
1 container from out-of-state, and they had dug up a
2 bunch of barrels and had them laying around all
3 over the ground.
4 Q Do you know how many they dug up?
5 A I was told later 53.
6 Q Now, did you examine the place or the
7 hole or whatever was left where they removed the
8 barrels? Did you go up and look at it?
9 A Yes.
10 Q What did you see?
11 A A hole where they dug up a bunch of
12 garbage.
13 Q All right. Did you notice anything
14 unusual?
15 A No, I can't say that I seen anything --
16 Q I guess unusual in the sense of a
17 landfill. Did you notice any strong odors?
18 A No. I can't say that I observed strong
19 odors, because when you are around that type of
20 material all of the time, you have odors all the
21 time.
22 Q I am referring to did you happen to
23 notice any strong odors of any solvent or paint
24 thinner or something of that nature in a general
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KEEFE REPORTING COMPANY
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1 way?
2 A I don't remember smelling it, no.
3 Q When the barrels had been exhumed, do you
4 know where they were placed? Were they put in some
5 particular area?
6 A Before the day was over they put them in
7 this roll-off container and then covered them up
8 with a tarp.
9 Q Did they cover the hole up?
10 A No.
11 Q I guess that was left to you?
12 A All three of them.
13 Q There were three holes?
14 A That's correct.
15 Q Where were the other two?
16 A Farther west and a little bit south of
17 where the -- of the one where they got the barrels
18 out of.
19 Q All of the barrels -- do you know which
20 one all of the barrels came from?
21 A I was told they come out of the one
22 basically on top of the fill.
23 Q Okay.
24 A That's where they was closest to.
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KEEFE REPORTING COMPANY
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1 (Mr. Latshaw and Mr. Van Ness
2 confer briefly.)
3 Q (By Mr. Latshaw) At some point in time,
4 after April of 1992, were you informed, by any
5 representative of the IEPA, that as a result of
6 their search or taking of barrels in April of 1992
7 that they were claiming that you had received
8 hazardous waste? Do you remember when that was?
9 A I believe the first I heard about it was
10 in a meeting that Bob Krimmel and myself came over
11 to the EPA office with several EPA people. I
12 believe that was in March, April of 1993.
13 Q Do you know who was present?
14 A Well, I know some of them. Mr. Childs
15 was there. The gentleman that testified earlier
16 today. I am terrible on names. I can't remember
17 names. Lee Smith, I believe, was there. There was
18 a lot of people that I didn't know or I had never
19 met before.
20 Q By the fella that testified earlier, do
21 you mean the fella with the beard?
22 A Yes.
23 Q Mr. Zierath?
24 A Yes.
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KEEFE REPORTING COMPANY
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1 Q Is that the first time that you had heard
2 any assertion or allegations that you had received
3 hazardous waste?
4 A Yes.
5 Q Okay.
6 A Other than the newspaper.
7 MR. LATSHAW: I have no further questions
8 of this witness.
9 HEARING OFFICER WALLACE: All right. Mr.
10 Taylor?
11 MR. TAYLOR: Can we go off the record a
12 minute?
13 HEARING OFFICER WALLACE: Yes. Off the
14 record.
15 (Discussion off the record.)
16 HEARING OFFICER WALLACE: Back on the
17 record.
18 Start your cross, then.
19 MR. TAYLOR: Why don't we just do the
20 whole thing.
21 HEARING OFFICER WALLACE: All right. I
22 would note for the record that Mr. Taylor may be
23 asking questions of a direct nature to expedite the
24 proceedings. There is no objection from Waste
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1 Hauling.
2 CROSS EXAMINATION
3 BY MR. TAYLOR:
4 Q For clarification purposes, Mr. Camfield,
5 you stated on direct that to your knowledge you
6 have not received any hazardous waste from Bell
7 Sports?
8 A That's correct.
9 Q Also, you stated that you were at Bell's
10 facility five or six times, approximately?
11 A Approximately, yes, that many times.
12 Q The drums in the storage area, those
13 drums were labeled, correct?
14 A Not always.
15 Q The drums in the back storage area?
16 A Not always.
17 Q Did you walk through and inspect those
18 drums?
19 A No, I watched them put labels on when
20 they loaded them on the truck.
21 Q Okay. Which labels were being placed on
22 those drums, the nonhazardous green ones?
23 A The nonhazardous.
24 Q Were you concerned at that point that you
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KEEFE REPORTING COMPANY
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1 were receiving hazardous waste?
2 A I had no reason to believe so.
3 Q Okay. You had actually seen the paint
4 room, correct?
5 A Uh-huh.
6 HEARING OFFICER WALLACE: Yes?
7 THE WITNESS: Yes.
8 Q (By Mr. Taylor) And you had seen the two
9 separate drums in the paint room?
10 A Yes.
11 Q And when you went in the paint room --
12 how many times were you there?
13 A I was in there a couple of times.
14 Q Did you go in there specifically looking
15 for labels?
16 A No. Mr. Riddle was showing me how the
17 operation worked, and where the product came from.
18 Q Okay. And you also stated that you had
19 relatively free access when you were inside this
20 facility?
21 A Yes.
22 Q You didn't dump any material into those
23 drums, did you?
24 A Pardon?
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1 Q You didn't dump materials into those
2 drums in the paint room, did you?
3 A I don't believe so.
4 Q You are the actual certified operator for
5 Waste Hauling Landfill when it was operating,
6 weren't you?
7 A No.
8 Q Who was?
9 A Brad Brown.
10 Q So Brad Brown received some type of
11 official training on the --
12 A Yes, he got a certification from the EPA.
13 Q Do you know when that was?
14 A Not without digging up records and
15 finding out when it happened.
16 Q Okay. Have you ever been certified to be
17 an operator of a landfill?
18 A No.
19 Q I would like to talk to you for a few
20 minutes about the way waste is received at the
21 facility. I take it you were not there every day
22 when the facility was operating?
23 A Not all the time, no.
24 Q But you were there sometimes when it was
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KEEFE REPORTING COMPANY
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1 operating?
2 A That's correct.
3 Q Can you describe for me, if a truck came,
4 where would it go, which direction would it be
5 headed?
6 A Well, the lane runs -- from the township
7 road it runs straight north to the landfill.
8 Q So the truck comes in to the north?
9 A Uh-huh.
10 Q Is there a staging area anywhere?
11 A The only staging area would be where we
12 would happen to be dumping at that particular time.
13 Q Would the truck go directly to an open
14 area of the landfill?
15 A Yes.
16 Q They would dump all of the materials that
17 they had at that one time?
18 A Yes.
19 Q You wouldn't have a truck come to the
20 facility and dump half of its materials and then go
21 back down the hill and wait for a while, would it?
22 A No.
23 Q You are aware that in this proceeding
24 that there has been an allegation that Bell gave
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KEEFE REPORTING COMPANY
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1 hazardous waste to you or one of your drivers; is
2 that correct?
3 A That's correct.
4 Q That shipment was April 9, 1992; is that
5 your understanding?
6 A That's my understanding, yes.
7 Q All right. Were you at the landfill on
8 that day?
9 A I don't recall being there, no.
10 Q Okay. Did you attain any sort of a map
11 of where each shipment of waste was disposed of?
12 A No.
13 Q Or a plot plan?
14 A No.
15 Q Did you keep any sort of a record of the
16 material received on any particular day? And by
17 you, for clarification, I mean you or anybody that
18 worked for you?
19 A Yes, there were records kept of what came
20 out there every day.
21 Q Would it be accurate to call these waste
22 in sheets?
23 A Yes, you could call them that, yes.
24 Q Those sheets would indicate how much was
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KEEFE REPORTING COMPANY
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1 received in cubic yards?
2 A That's correct.
3 Q On any particular day?
4 A That's correct.
5 MR. TAYLOR: Would you mark this Bell
6 Exhibit Number 6, please.
7 (Whereupon said document was
8 duly marked for purposes of
9 identification as Bell Exhibit
10 6 as of this date.)
11 Q (By Mr. Taylor) Sir, I would like to show
12 you what has been marked as Bell Number 6.
13 A Okay.
14 Q This is a series of documents. If you
15 don't mind, could you flip through them.
16 A (Witness complied.)
17 Q Do you recognize these sheets?
18 A Yes.
19 Q Can you tell us what they are?
20 A Well, they are the daily sheets that we
21 kept to keep track of the yardage of waste that
22 went in the landfill.
23 Q Are these the types of quote, unquote,
24 waste in sheets that we were talking about just a
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KEEFE REPORTING COMPANY
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1 second ago?
2 A Yes, you can call them that.
3 Q I would like to refer you to the sheet
4 with the date 04-09-92.
5 A Okay.
6 Q About halfway down on this page, you see
7 Bell Sports with the number 22 after it?
8 A Uh-huh.
9 HEARING OFFICER WALLACE: Yes?
10 THE WITNESS: Yes.
11 Q (By Mr. Taylor) Can you tell us what the
12 number 22 means?
13 A It is the translation of up to 22 yards.
14 Q So the shipment from Bell Sports
15 consisted of 22 cubic yards?
16 A Yes.
17 Q Do you see the first entry, WHI 30?
18 A Uh-huh, yes.
19 Q Can you explain to me what WHI 30 is?
20 A Waste Hauling, Incorporated, 30 yards.
21 Q What does that mean?
22 A The 30, is that what you are asking?
23 Q Let me clarify. Is this a reference to a
24 particular truck?
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KEEFE REPORTING COMPANY
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1 A Yes.
2 Q Did you number your trucks?
3 A Yes.
4 Q Okay. And then presumably they were --
5 in the amount column is a 16 reference, so there
6 was 16 cubic yards on this truck?
7 A Yes.
8 Q Are all the WHI trucks your trucks?
9 A Yes.
10 Q Okay. After the WHI listing you start to
11 see things like PPG. Is that one of your trucks or
12 is that someone else's truck?
13 A That's someone else's load. That's
14 customer PPG.
15 Q Did that arrive on one of your trucks?
16 A Yes.
17 Q Okay. Were there any -- are there any
18 loads here that arrived on something other than one
19 of your trucks?
20 A You have got three loads down at the
21 bottom; McKinney Disposal, Cash Brown, Newmeyer
22 (spelled phonetically) Roofing.
23 Q So those were delivered by someone else?
24 A Uh-huh, yes.
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KEEFE REPORTING COMPANY
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1 Q There is no reference on this sheet as to
2 the type of container that the material was in, is
3 there?
4 A On the Bell Sports load?
5 Q On any particular load.
6 A On the Bell Sports load there is.
7 Q Where is the --
8 A There is a permit number, which would
9 refer to a manifest.
10 Q But does that tell you whether the
11 shipment was in drums or in a roll-off container?
12 A Not without getting another piece of
13 paper with that number on it.
14 Q Okay. So, for example, underneath Bell
15 Sports there is the Staley's carbon. Do you know
16 if that was in drums or a roll-off container?
17 A I know, yes, because I know how it was
18 hauled.
19 Q How was it hauled?
20 A It was hauled in a bulk container.
21 Q Can you go down this list -- do you have
22 a good enough recollection to tell what each and
23 every shipment was in, whether it was drums or a
24 roll-off container or any other type?
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KEEFE REPORTING COMPANY
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1 A Yes, I could tell you.
2 Q Okay. Which ones of these shipments were
3 in drums?
4 A The only load this date that come in in
5 drums was Bell Sports.
6 Q Okay. What was the total amount of waste
7 received on this day?
8 A The total down at the bottom says 860
9 yards. It doesn't say yards, but I know that is
10 what it means.
11 Q Can we refer to the previous page which
12 was April 8, 1992?
13 A Yes.
14 Q What was the total amount of waste
15 received on the 8th?
16 A On that day it was 915.
17 Q Based on your recollection of reviewing
18 that list, can you tell whether any of these
19 shipments were drums?
20 A I don't see any loads that would have
21 come in in drums.
22 Q What other manufacturers or generators
23 did you receive drum shipments from?
24 A One time we hauled some barrels from the
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KEEFE REPORTING COMPANY
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1 factory in Mattoon that come in drums. What else
2 came in drums? I can't think of any others right
3 off of the top of my head.
4 Q Were you -- is it correct to say that you
5 weren't at the landfill each day?
6 A I was there most every day at some time
7 or another.
8 Q Were you there throughout the time that
9 the facility was opened each day?
10 A Only there, no. I would make a visit to
11 see what was going on.
12 Q How much time, on average, would you
13 spend during this visit?
14 A I was probably around there an hour a
15 day.
16 Q How much --
17 A On average.
18 Q I am sorry about that.
19 A That's all right.
20 Q Your answer was you were there about an
21 hour?
22 A On an average.
23 Q Now, is this a document -- are these
24 documents which were dated from around the 1st of
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KEEFE REPORTING COMPANY
Belleville, Illinois
1 April through April 17th, are these the type of
2 records that you keep in the ordinary course of
3 business?
4 A Yes.
5 Q Okay. Did you, in fact, keep them in the
6 ordinary course of business?
7 A Yes.
8 Q Can you explain to us how it is that if
9 you were there at the landfill on average about an
10 hour a day, how you know the type of container that
11 was delivered for each shipment to the facility?
12 A How I know what is in every one of these
13 containers?
14 Q Right.
15 A I have hauled every one of them at one
16 time or another.
17 Q If someone happened to put waste in drums
18 that they were putting into roll-off boxes at the
19 time you were hauling, would you know that?
20 A If I was driving the truck?
21 Q If you were not driving the truck?
22 A If I am not driving the truck? Someone
23 could slip something in, yes.
24 Q Okay.
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KEEFE REPORTING COMPANY
Belleville, Illinois
1 A Anything is possible.
2 Q You didn't keep records of what each
3 delivery -- what type of container it was, did you?
4 A I don't understand what you are talking
5 about, the type of container.
6 Q Well, is there another document other
7 than these waste in sheets that would say, for
8 example, Staley's spiller aid, roll-off container?
9 A Yes.
10 Q There is? What document would that be?
11 A Well, there is a load ticket that each
12 driver makes out.
13 Q And you have retained each of those load
14 tickets?
15 A I am sure we have got them somewhere.
16 Q Okay. Who signed manifested shipments of
17 waste when they were delivered to your facility,
18 say, in 1992?
19 A For whom?
20 Q What, different people signed the
21 manifest based on who the generator was?
22 A I don't know which signature you are
23 looking for, sir.
24 Q Was there a requirement to sign for
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KEEFE REPORTING COMPANY
Belleville, Illinois
1 someone at the landfill, one of your employees, to
2 sign a manifest when the shipment was delivered?
3 A Yes, the operator of the tractor could
4 sign it, the supervisor could sign it.
5 Q Who would those people be?
6 A Well, Brad Brown could have signed it and
7 did sign a lot of them.
8 Q Okay.
9 A Back in that period of time we had a
10 fella by the name of Chuck Cornwall that was an
11 operator, and he could have signed for it.
12 Q When were they signed?
13 A They were signed at the office.
14 Q And when would the -- how would the
15 manifest get to the office?
16 A The landfill or the driver of the truck
17 would bring it to the office.
18 Q Do the drivers stop at the office before
19 they go to the landfill?
20 A No.
21 Q So a shipment would arrive and be
22 disposed of before the manifest was signed?
23 A Yes.
24 Q Okay. That was your normal operating
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KEEFE REPORTING COMPANY
Belleville, Illinois
1 procedure?
2 A Yes.
3 Q Was it your normal operating procedure to
4 inspect the incoming shipments of waste?
5 A We knew what the permit allowed to be
6 unloaded, yes.
7 Q Was it someone's job to look at each and
8 every shipment as it came in to make some attempt
9 to determine what it was?
10 A No, the driver primarily knew -- had
11 hauled it enough that they knew what was supposed
12 to be in the load when they picked it up.
13 Q Did you sample these incoming streams?
14 A No.
15 Q Did you maintain a written emergency plan
16 in the event that --
17 A No, it was not required.
18 Q So the reason you didn't was because it
19 was not required?
20 A Yes.
21 Q Is that the same reason you didn't
22 sample?
23 A That's correct.
24 Q Did you have any written employee
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KEEFE REPORTING COMPANY
Belleville, Illinois
1 training manuals concerning the types of waste that
2 you were allowed to receive?
3 A No, I don't believe so.
4 Q Now, when was it that you first learned
5 that you allegedly had received hazardous waste?
6 A It was in a newspaper article that was in
7 the newspaper, and I don't always believe what I
8 read in the newspaper. But I don't, you know --
9 Q That's understandable. Do you know when
10 the --
11 A The article was --
12 Q -- article was written?
13 A I don't remember.
14 Q Was it around the time that you learned
15 from the Agency that you had supposedly received
16 hazardous waste?
17 A No, the speculation was made just prior
18 to the closing of the landfill.
19 Q So is that around --
20 A That was in -- it would have been in
21 April. Maybe it was further than that. In 1992,
22 is that when the search warrants were issued?
23 Q Well, unfortunately, I can't answer
24 questions for you.
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KEEFE REPORTING COMPANY
Belleville, Illinois
1 A Okay. I believe it was approximately at
2 the same time that the search warrant to dig up the
3 landfill was issued.
4 Q Okay. At some point during the day, when
5 the search warrants were being executed, you came
6 to the facility?
7 A That's correct.
8 Q Was that later in the day?
9 A It was about lunchtime.
10 Q Had you been in court that day?
11 A That's correct.
12 Q So you were in court in the morning and
13 then came to the facility around lunch?
14 A Uh-huh. Yes.
15 Q You saw people in white suits walking
16 around?
17 A That's correct.
18 Q You saw them with the backhoe?
19 A That's correct.
20 Q There was a roll-off container there?
21 A That's right.
22 Q I assume that at some point they put the
23 barrels into the roll-off container?
24 A That's correct.
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KEEFE REPORTING COMPANY
Belleville, Illinois
1 Q Did they ask you where to leave that
2 roll-off container at your facility, or did they
3 just leave it somewhere?
4 A No, they asked me where I wanted them to
5 put it.
6 Q Where did you tell them to put it?
7 A On the north side.
8 Q Is that out of the way?
9 A It was out of the way for me, yes.
10 Q It was covered with a tarp?
11 A That's correct.
12 Q Now, between the day that they were
13 there, in April 1992, and March or April of 1993,
14 when you had the meeting with the IEPA --
15 A Okay.
16 Q Did you call them to ask them whether
17 that material was hazardous waste?
18 A No, I did not.
19 Q Did anybody that worked for you call them
20 and ask them that question?
21 A Not to my knowledge.
22 Q Why is that?
23 A Why didn't I call?
24 Q Yes.
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KEEFE REPORTING COMPANY
Belleville, Illinois
1 A I never personally talked to the Agency,
2 other than the inspectors and the engineer or the
3 attorneys talked to them.
4 Q Why did you not ask your engineer or your
5 attorney to call them and ask?
6 MR. LATSHAW: I will object on relevancy
7 grounds. I am not sure what relevance it is
8 whether he called them. There is no foundation for
9 it to begin with. Why should he.
10 HEARING OFFICER WALLACE: Do you care to
11 respond?
12 MR. TAYLOR: Frankly, it goes to the
13 damage mitigation.
14 HEARING OFFICER WALLACE: All right.
15 Overruled.
16 Mr. Camfield?
17 THE WITNESS: Repeat the question,
18 please.
19 MR. TAYLOR: Would you mind if we asked
20 the court reporter to read it back?
21 HEARING OFFICER WALLACE: Would you read
22 the question back.
23 (Whereupon the requested
24 portion of the record was read
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KEEFE REPORTING COMPANY
Belleville, Illinois
1 back by the Reporter.)
2 THE WITNESS: In the conversation with my
3 attorney and engineer, I let both professionals do
4 their job as to the way they see fit.
5 Q (By Mr. Taylor) Were you advised not to
6 contact the Agency, then?
7 MR. LATSHAW: I will object to any
8 testimony as to what he was advised.
9 HEARING OFFICER WALLACE: Sustained.
10 Q (By Mr. Taylor) After the drums were
11 removed, this hole was open?
12 A That's correct.
13 Q And the Agency left it that way?
14 A That's correct.
15 Q Did you do any additional excavation in
16 that hole to see what else was there?
17 A No, I did not.
18 Q You had an opportunity to look at it,
19 didn't you?
20 A Yes, I looked at it.
21 Q Did you see any additional drums in the
22 hole?
23 A Not to my recollection.
24 Q Between 1992 and today, have you made an
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KEEFE REPORTING COMPANY
Belleville, Illinois
1 attempt to remove any hazardous waste from the
2 facility?
3 A No, I haven't done anything.
4 Q Have you collected or asked anyone to
5 collect samples from inside the landfill?
6 A Actually bore into the landfill?
7 Q Yes.
8 A No.
9 Q Are you aware of any groundwater data
10 that shows a contamination problem from the
11 facility?
12 A No.
13 Q You also stated on direct that you read
14 the inspection reports that you receive from the
15 Agency; is that correct?
16 A Yes.
17 Q Did you always read those inspection
18 reports?
19 A Yes.
20 Q Do you recall receiving a report some
21 time around April 26th of 1990?
22 A Off the top of my head I don't remember
23 receiving a report.
24 Q If I showed you a copy of that report,
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KEEFE REPORTING COMPANY
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1 would you recognize it?
2 A Yes.
3 MR. LATSHAW: Which one is that? What is
4 the date of that?
5 MR. TAYLOR: The April 26, 1990 report.
6 MR. VAN NESS: 1990?
7 MR. TAYLOR: Yes.
8 MR. LATSHAW: I think it is Exhibit 5.
9 MR. TAYLOR: I believe it is People's
10 Number 5.
11 HEARING OFFICER WALLACE: He has it.
12 Let's continue.
13 Q (By Mr. Taylor) Do you recognize that
14 document, Mr. Camfield?
15 A Yes, I have seen it before.
16 Q I would like you to turn to page 12 from
17 the front. I believe they are not numbered, so you
18 will have to count them. It appears we have
19 different copies. I am sorry. I found the page
20 that I had asked you to look at. Is that page
21 numbered?
22 A Not that I see.
23 Q Is there a paragraph 16 on that page?
24 A Yes.
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KEEFE REPORTING COMPANY
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1 Q Do you recall reading that paragraph when
2 you received this report?
3 A Yes.
4 Q Did you understand it at the time?
5 A Yes.
6 Q The first sentence, the first full
7 sentence of this paragraph states as follows:
8 Hazardous waste solvent contaminated degreaser
9 filters were accepted from DK Manufacturing; is
10 that correct?
11 A That's what it says, yes.
12 Q Do you know when those filters supposedly
13 were accepted at the landfill?
14 A I don't know the exact date.
15 Q DK was a customer of yours; is that
16 correct?
17 A That's correct.
18 Q You received waste form them over a
19 period of time, correct?
20 A That's correct.
21 Q In fact, you received waste from them
22 between mid 1988 until 1990; is that correct?
23 A That's correct.
24 Q What did you do after you received this
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KEEFE REPORTING COMPANY
Belleville, Illinois
1 inspection report which alleges that you had
2 received hazardous waste from DK Manufacturing?
3 A It had already been done. I didn't do
4 anything after this. It had already been taken
5 care of.
6 Q What had already been taken care of?
7 A The problem with the filters.
8 Q When you say it had been taken care of,
9 what do you mean?
10 A It was taken care of the day they were
11 dumped at the landfill. They were picked up and
12 taken back to DK.
13 Q How did you know you had received them?
14 A We had an inspector there.
15 Q You had an inspector?
16 A An EPA inspector, yes.
17 Q When was that?
18 A Like I said before, I don't remember the
19 exact date without digging through the records.
20 Q Was this -- was the date of this report
21 the first day that you had learned of this
22 allegation?
23 A No.
24 Q Was it the date that this inspector was
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KEEFE REPORTING COMPANY
Belleville, Illinois
1 at the facility that wrote this report?
2 A The date he was there.
3 Q That was April 26, 1990?
4 A That's the date on this report, yes.
5 Q So it was this inspector that told you
6 that he thought that that shipment from DK had
7 hazardous waste in it?
8 A Yes.
9 Q You had received a shipment from DK on
10 that day?
11 A He watched it being dumped.
12 Q Then your people removed -- was it dumped
13 or did you catch it before it was dumped?
14 A It was dumped. It was in a closed
15 container. There was no way to see it until it was
16 dumped.
17 Q Did you -- I assume, then, that you
18 picked it back up somehow?
19 A That's correct.
20 Q With some equipment?
21 A I didn't pick it back up. The help at
22 the landfill, under the supervision of Brown, got
23 it picked back up and put back in the container and
24 we took it back to DK.
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KEEFE REPORTING COMPANY
Belleville, Illinois
1 Q Then whose container was it?
2 A It was my container.
3 Q And you shipped that back to DK?
4 A Yes, we furnish the container. They fill
5 it. We bring it and empty it and take it back.
6 Q Did DK provide -- give you back that
7 container at some point in time?
8 A Give it back to me? It is mine to start
9 with. I furnish the container. They fill it. I
10 take it and empty it.
11 Q But presumably they had to remove the
12 waste from that container, correct, when you
13 shipped it back?
14 A The filters?
15 Q Yes.
16 A The waste?
17 Q Yes.
18 A It was removed when it went back there.
19 Q Then you received your container back
20 that same day?
21 A No, after that the filters were taken out
22 of the containers and it was sat in front of the
23 compactor again and they proceeded to put regular
24 rubbish back in it. It was all done on my
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KEEFE REPORTING COMPANY
Belleville, Illinois
1 equipment, my truck. It was my container.
2 Q I am sorry. I am confused. At the
3 landfill someone refilled your container with DK's
4 waste, correct?
5 A Just the filters that wasn't supposed to
6 be in it.
7 Q Just the filters?
8 A That's correct.
9 Q Did they use any equipment to remove
10 those filters?
11 A Not to my knowledge.
12 Q They were put back into the container and
13 then driven back to DK?
14 A That's right.
15 Q Was that shipment to DK manifested by
16 you?
17 A No.
18 Q And DK then removed the filters from the
19 container?
20 A That's correct.
21 Q Did you decontaminate the container?
22 A No.
23 Q Now, after this event did you start
24 inspecting the incoming waste streams?
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KEEFE REPORTING COMPANY
Belleville, Illinois
1 A From DK.
2 Q From DK. Did you start inspecting
3 incoming waste streams from anyone else?
4 A Nothing more than what is generally
5 done.
6 Q Did you see these filters?
7 A No, I did not.
8 Q Okay. For purposes of clarification, you
9 removed one shipment of filters from DK from the
10 landfill?
11 MR. LATSHAW: I will object to the
12 characterization. The testimony is that there was
13 a filter in a general waste container, as set forth
14 in paragraph 16, that Counsel alluded and caused
15 the witness to refer to.
16 HEARING OFFICER WALLACE: Actually, I am
17 sorry, I think both of you are mischaracterizing
18 what he said. He has not testified how many
19 filters there were.
20 MR. TAYLOR: I apologize if I was
21 mischaracterizing.
22 Q (By Mr. Taylor) My question to you is if
23 DK had sent you a shipment the previous month you
24 didn't dig that shipment up, did you?
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KEEFE REPORTING COMPANY
Belleville, Illinois
1 A I believe we emptied the DK container
2 approximately once a week.
3 Q It is only the one shipment that was
4 identified by --
5 A Townsend.
6 Q -- Mr. Townsend that you removed from the
7 landfill, however many filters it was, and sent it
8 back to DK?
9 A That's correct.
10 MR. LATSHAW: Objection. I think Counsel
11 is assuming facts not in evidence, that there were
12 filters in every other load, which there is no
13 basis whatsoever to suggest that. There is no
14 evidence of that at all. It is assuming facts not
15 in evidence.
16 MR. TAYLOR: I asked him whether he dug
17 up other shipments from DK.
18 MR. LATSHAW: Shipments of what?
19 MR. TAYLOR: Anything.
20 HEARING OFFICER WALLACE: The objection
21 is overruled.
22 (Mr. Taylor and Mr. Nahmod
23 confer briefly.)
24 Q (By Mr. Taylor) Just a couple more
231
KEEFE REPORTING COMPANY
Belleville, Illinois
1 questions. The roll-off box that the Agency put
2 this waste material in --
3 A Okay.
4 Q -- did you maintain that roll-off box,
5 meaning did you maintain the tarp on top of it?
6 A No, I did not.
7 Q And how long did that roll-off box stay
8 there?
9 A It was there from the time they left it
10 until last fall sometime.
11 MR. TAYLOR: Thank you.
12 HEARING OFFICER WALLACE: Ms. Menotti?
13 MR. DAVIS: I will handle this inquiry.
14 HEARING OFFICER WALLACE: Mr. Davis?
15 MR. DAVIS: Thank you.
16 CROSS EXAMINATION
17 BY MR. DAVIS:
18 Q Mr. Camfield, the way we understand it,
19 and correct me if I am wrong, is that your company,
20 Waste Hauling, Inc., began to operate the landfill
21 back in May of 1980; is this correct so far?
22 A Yes.
23 Q Okay. And at some point in time, sir,
24 you had formed a new company called Waste Hauling
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KEEFE REPORTING COMPANY
Belleville, Illinois
1 Landfill, Inc., did you not?
2 A That's correct.
3 Q And approximately what point in time, if
4 any, did this new company take over operation of
5 the landfill?
6 A Without referring to documents, I can't
7 give you a date.
8 Q Would it have been approximately 1991?
9 A Like I say, I need to refer to
10 documents. I don't have those in front of me.
11 Q As to your companies, is it true that you
12 now have a managing company that you own that
13 handles these other companies?
14 MR. LATSHAW: Objection. Beyond the
15 scope of direct.
16 MR. DAVIS: Well, this is
17 cross-examination. This is the president of the
18 corporate defendants, plural, and I am trying to
19 cross based upon two different sets of direct
20 examination. So whether it may be slightly beyond
21 the scope, I encourage the Hearing Officer to
22 acknowledge that this is cross-examination, by the
23 prosecuting party, of the defendant.
24 MR. LATSHAW: If I may respond?
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KEEFE REPORTING COMPANY
Belleville, Illinois
1 HEARING OFFICER WALLACE: All right.
2 MR. LATSHAW: I understood Mr. Davis to
3 indicate, during our discussions off the record,
4 that he was only going to cross-examine Mr.
5 Camfield based upon my direct testimony, and was
6 not under subpoena from him.
7 Cross-examination, as far as I am
8 concerned, has to be limited to the scope of direct
9 examination, and may not be used to explore new
10 areas that were not gone into by direct
11 examination.
12 Mr. Taylor nor myself went into any other
13 corporate entity or any other business owned or
14 operated by -- or whether he has any interest in it
15 or not by Mr. Camfield. It was limited strictly to
16 the two entities that are the subject of this
17 proceeding. I think Mr. Davis is going to be
18 limited to cross-examination on that basis.
19 HEARING OFFICER WALLACE: All right.
20 MR. DAVIS: I don't recall having a
21 conversation with Mr. Latshaw on this topic.
22 HEARING OFFICER WALLACE: Be that as it
23 may, the objection is sustained.
24 MR. DAVIS: You are going to preclude my
234
KEEFE REPORTING COMPANY
Belleville, Illinois
1 cross-examination, Mr. Hearing Officer, on this
2 topic?
3 HEARING OFFICER WALLACE: On this other
4 entity.
5 MR. DAVIS: On the relationship of the
6 corporate entities, so that the Board has no basis
7 for comprehension?
8 HEARING OFFICER WALLACE: That's correct.
9 MR. DAVIS: All right.
10 HEARING OFFICER WALLACE: This is the
11 very first time we have ever heard of a corporate
12 entity, and it is on cross-examination, so it is
13 beyond the scope of the direct.
14 Q (By Mr. Davis) Mr. Camfield, when your
15 attorney, Mr. Latshaw, referred to "company" in the
16 singular, as operating the landfill, which company
17 was he talking about?
18 A I don't have the answer to that
19 question. You will have to ask Mr. Latshaw.
20 Q Sir, you will have to answer my
21 question.
22 MR. DAVIS: I ask the Hearing Officer to
23 direct the witness to answer my question.
24 HEARING OFFICER WALLACE: Could you
235
KEEFE REPORTING COMPANY
Belleville, Illinois
1 answer his question, Mr. Camfield?
2 THE WITNESS: I don't know what he is
3 referring to, Mr. Hearing Officer.
4 HEARING OFFICER WALLACE: All right.
5 Continue, Mr. Davis.
6 Q (By Mr. Davis) At what point in time did
7 Waste Hauling Landfill, Inc. begin operation of the
8 landfill?
9 A There again, I would have to get the
10 records to find out exactly when it was. I don't
11 have them in front of me, sir.
12 Q Okay. Mr. Camfield, how much did you
13 charge, as far as a tipping fee, to have people,
14 including your own hauling company, dispose of
15 waste at your landfill?
16 A What was the tipping fee?
17 Q Yes.
18 A It changed at various times to various
19 different customers, depending on the product that
20 came in.
21 Q How much did Waste Hauling Landfill, Inc.
22 charge Waste Hauling, Inc. to tip?
23 A There was a standard fee and without
24 looking at records at that time, I can't tell you
236
KEEFE REPORTING COMPANY
Belleville, Illinois
1 the exact amount. But they was charged the same
2 exact amount that another hauler coming in was
3 charged.
4 Q What was the most expensive tipping fee
5 that your companies charged?
6 MR. LATSHAW: I think I am going to have
7 to object. I think this is getting pretty far
8 afield from the scope of direct examination.
9 MR. DAVIS: And I would encourage the
10 Hearing Officer, once again, to acknowledge that
11 this is cross-examination.
12 HEARING OFFICER WALLACE: And I would
13 encourage the representative for the People to not
14 be so sarcastic in its responses.
15 The objection is sustained.
16 Q (By Mr. Davis) Mr. Camfield, let's focus
17 on the issue regarding the berms. I believe you
18 testified that it is your understanding that a berm
19 was required, is it not?
20 A That's correct.
21 Q How was it required?
22 A It was part of the plan.
23 Q And was this plan the plan that was
24 approved by the permits?
237
KEEFE REPORTING COMPANY
Belleville, Illinois
1 A That was my understanding, yes.
2 Q In essence, this is part of your
3 operational requirements, would it not be?
4 A That was my understanding, that there had
5 to be a berm on the north side, yes.
6 Q What type of berm was this?
7 A Earth.
8 Q And what was its intended purpose?
9 A It is to retain the solid waste from just
10 taking off and running, I guess.
11 Q Have you heard of this type of berm
12 referred to as a containment berm?
13 A Yes.
14 Q Would it also play a role in controlling
15 runoff from the fill area?
16 A I don't know how it would control
17 runoff.
18 Q Have you spoken to Mr. Krimmel regarding
19 the purposes of the containment berm?
20 A We have discussed the berm, yes.
21 Q Did he explain to you the purposes of the
22 containment berm?
23 A It is containment of solid waste inside
24 of it.
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KEEFE REPORTING COMPANY
Belleville, Illinois
1 Q Did he refer to any other objective
2 purposes of the containment berm?
3 A No, not to my recollection.
4 Q Does the permit require that the berm be
5 higher than the fill area?
6 A Not to my recollection.
7 Q What does the permit require regarding
8 the height of the berm in relation to the fill
9 area?
10 A It is containment. It is to contain the
11 solid waste inside that berm.
12 Q And is there any requirement regarding
13 the height of the berm in relation to the fill
14 area?
15 A I don't understand what it is you are
16 trying to get me to say, sir.
17 Q Well, I am -- let me ask you a better
18 question, then. Does the permit require the berm
19 to be higher than the fill area; yes or no?
20 A I don't believe so.
21 Q Okay. What did the EPA inspectors say to
22 you regarding their desire or their perceived need
23 for you to have your berm higher than your fill
24 area?
239
KEEFE REPORTING COMPANY
Belleville, Illinois
1 A They simply said that the berm needed to
2 be higher.
3 Q Did they explain why?
4 A No.
5 Q Okay. Did the Illinois EPA inspectors
6 ever advise you to raise the fill area so that it
7 was higher than the containment berm?
8 A No, I can't remember them doing that.
9 Q I believe you testified on direct that
10 you had a concern regarding water on the fill
11 area?
12 A That's correct.
13 Q Okay. What was that concern?
14 A The concern is that I didn't want the top
15 of it flat so that the water would stand on it and
16 penetrate into the fill.
17 Q Is this the reason why you would raise
18 the fill area, so that it was higher than the berm?
19 A I would round off the top of it so that
20 the water would run off of the fill.
21 Q And by doing these actions did you intend
22 for the fill area to be higher than the containment
23 berm?
24 A Well, that would be the contention of it,
240
KEEFE REPORTING COMPANY
Belleville, Illinois
1 yes.
2 Q Was this your objective in doing these
3 things?
4 A Yes.
5 Q Okay. What was the maximum permitted
6 elevation of your landfill?
7 A I don't remember the figure, sir.
8 Q At what point in time did your landfill
9 exceed the maximum permitted elevation?
10 A I don't remember, sir.
11 Q At what point in time did you decide to
12 seek local siting approval?
13 A That decision was made in 1987, 1988,
14 somewhere along in there.
15 Q And what did you seek to have approved as
16 far as local siting?
17 A Expansion.
18 Q Can you describe your expansion plans?
19 A It was an expansion plan that would
20 engulf the fill that we was using at that
21 particular time.
22 Q Would it have obtained a higher elevation
23 than you presently had?
24 A Yes.
241
KEEFE REPORTING COMPANY
Belleville, Illinois
1 Q Okay. In your siting application to the
2 Macon County Board, did you indicate that your
3 landfill had gone beyond the maximum permitted
4 elevation already?
5 A I didn't prepare those documents, sir.
6 Q Did you sign those documents, sir?
7 A Yes.
8 Q Did you read those documents?
9 A No, I didn't read every word that was in
10 the documents.
11 Q Did the document indicate the present
12 height of your landfill at that time?
13 A Yes.
14 Q Okay. Now, to be fair, so that the
15 record is clear, did your siting approval
16 application also seek an expansion to the site, to
17 the west side, I believe, to --
18 A Yes.
19 Q -- increase? Okay.
20 A Well, yes.
21 Q Can you elaborate on that? Am I mistaken
22 on the direction or the nature of expansion?
23 A Well, it would have expanded a small
24 distance east, some distance north, some distance
242
KEEFE REPORTING COMPANY
Belleville, Illinois
1 south, and an extreme amount of distance west.
2 Q When did the Macon County Board deny your
3 siting application?
4 A I believe it was in November, December of
5 1990, I believe. I am not 100 percent positive on
6 the date.
7 Q Did you try to get that decision changed
8 on any appeal?
9 A Yes, we did.
10 Q Was, in fact, an appeal taken to the
11 Pollution Control Board?
12 A Yes.
13 Q Did the Board deny your appeal?
14 A Yes.
15 Q And about this time did the Attorney
16 General's office file a complaint against you?
17 A Yes.
18 Q Now, you have indicated that on February
19 22nd, 1991 you paid a $2,500.00 payment to settle
20 an administrative citation?
21 A Yes.
22 Q Okay. Now, this administrative citation
23 was actually issued the previous year, 1990, was it
24 not?
243
KEEFE REPORTING COMPANY
Belleville, Illinois
1 A Without looking at documents, sir, I
2 don't know.
3 Q Was it based upon the April 1990
4 inspection that we have been discussing a few
5 minutes ago?
6 A I can't honestly answer that question,
7 sir.
8 Q Did this payment in February of 1991, in
9 your understanding, Mr. Camfield, allow you to keep
10 going higher with your landfill?
11 A No.
12 Q Okay. Did you ever tell Mr. Krimmel that
13 you planned to keep operating even though you were
14 too high, and even though the Macon County Board
15 had denied your siting approval application?
16 MR. LATSHAW: Objection. I am not sure
17 that -- if this is impeachment, I am not sure that
18 there is any prior testimony to talk about. I am
19 not sure -- it is also a relevancy question. I am
20 not sure exactly what this is all relevant to.
21 HEARING OFFICER WALLACE: Overruled. Go
22 ahead and answer the question.
23 THE WITNESS: Would you repeat the
24 question?
244
KEEFE REPORTING COMPANY
Belleville, Illinois
1 Q Certainly. Did you ever tell Mr. Krimmel
2 that you planned to keep on operating even though
3 your landfill was too high and even though the
4 Macon County Board had denied your siting approval
5 application?
6 A No, I did not.
7 Q Did you tell Mr. Krimmel that you
8 intended to keep on operating until the new
9 regulations came into effect in the fall of 1992?
10 A I had discussed with Mr. Krimmel that we
11 needed to -- a decision was made that we needed to
12 close in September. I believe that was the date
13 that it had to be closed before you jumped into
14 Subtitle D.
15 Q Did you speak to your attorney, Mr.
16 Darrell Statzer, about anything that Mr. Richardson
17 or myself may have told him about hazardous waste
18 disposal?
19 A I don't remember discussing anything with
20 Mr. Statzer about that.
21 Q Okay. You have indicated that you did
22 read something in the newspaper about hazardous
23 waste disposal, did you not?
24 A That's right.
245
KEEFE REPORTING COMPANY
Belleville, Illinois
1 Q Okay. You have also indicated, Mr.
2 Camfield, that months later, in the spring of 1993,
3 that you had a meeting with the Illinois EPA at
4 which this was discussed?
5 A That's when I first found out that --
6 Q Okay.
7 A -- they was going to classify it as a
8 hazardous waste facility.
9 Q Did you find out from any other source in
10 between the newspaper article, in I think you said
11 April of 1992, and the meeting with the Illinois
12 EPA, approximately a year later, regarding the
13 hazardous waste disposal?
14 A The meeting I referred to was the first
15 time I heard it.
16 Q Okay. Now, at that meeting, in the
17 spring of 1993, were you advised that you needed to
18 address closure of the landfill?
19 A That's the reason I went to the meeting.
20 Q Right. And what were you advised?
21 A I was told at that time that the EPA had
22 classified it a hazardous fill and that's the way I
23 had to close it.
24 Q Were you advised that the closure plan
246
KEEFE REPORTING COMPANY
Belleville, Illinois
1 had to address the hazardous waste disposal?
2 A That's what they told me.
3 Q Were you advised at that meeting, sir,
4 that the closure plan needed to address the
5 overfill situation?
6 A The only thing I remember about that
7 meeting was the fact that they decided to make it a
8 hazardous fill. After that, I don't remember too
9 much of what was said.
10 Q What have you done since that meeting in
11 the spring of 1993, to address closure, hazardous
12 waste, and overfill?
13 A We have tried to negotiate and find out
14 what is needed to be done.
15 Q And have you found out what needs to be
16 done?
17 A No, I have not.
18 Q Have you attended other meetings since
19 the spring of 1993 regarding your landfill?
20 A I don't believe I have personally, no.
21 Q Have your legal or technical
22 representatives attended?
23 A Yes.
24 Q Have you spoken to them about what they
247
KEEFE REPORTING COMPANY
Belleville, Illinois
1 learned from the Illinois EPA?
2 A Yes. They have told me what they thought
3 they have figured out.
4 Q Have you been advised through your legal
5 and technical representatives that you either need
6 to move the overfill or have it sited?
7 A No, that has not been discussed.
8 Q Okay.
9 A The possibility of it has.
10 Q And what were you told?
11 MR. LATSHAW: Objection to what he was
12 told in regards to legal counsel. I am not sure if
13 this is a technical or a legal question, but I am
14 not sure, also, what relevance this is. It is a
15 little bit beyond the scope of direct, I believe,
16 as well.
17 MR. DAVIS: If I may respond?
18 HEARING OFFICER WALLACE: Please.
19 MR. DAVIS: I believe there could be a
20 privilege situation. That is certainly not my
21 intent. I believe that as far as relevancy, we
22 have a situation where these problems have existed
23 for several years, and that it is a due diligence
24 type of consideration that the Board must undertake
248
KEEFE REPORTING COMPANY
Belleville, Illinois
1 so, therefore, the record should contain some
2 evidence.
3 My angle is, of course, to point out the
4 lack of due diligence. The respondent could
5 certainly tell us the things that have been
6 undertaken as far as due diligence, but basically
7 we are talking about an issue that they have
8 raised.
9 They have indicated that they don't know
10 what they need to do, and have suggested that the
11 Illinois EPA has been remiss in advising them of
12 these serious violations and so forth. So I think
13 it is a legitimate inquiry.
14 HEARING OFFICER WALLACE: All right. To
15 the extent that you are asking privileged
16 information, if there is an attorney-client
17 privilege, if you are asking for technical
18 information, the objection is overruled.
19 Q (By Mr. Davis) Let me rephrase my
20 question so that we can focus on that, Mr.
21 Camfield.
22 A All right.
23 Q Has Mr. Krimmel relayed to you what needs
24 to be done?
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KEEFE REPORTING COMPANY
Belleville, Illinois
1 A Mr. Krimmel has put some figures together
2 as to what it would cost to move an extreme amount
3 of solid waste.
4 Q By an extreme amount, what do you
5 consider, or what is your understanding as far as
6 your landfill as to an extreme amount?
7 A To the tune of 9 or 10 million dollars
8 worth.
9 Q What sort of quantity of overfill does
10 this translate to?
11 A I didn't understand the quantity part of
12 it.
13 Q Okay. Have you made any decision whether
14 or not to seek siting approval, then, as an
15 alternative to relocation of the waste?
16 A To be quite frank with you, sir, I don't
17 have the $100,000.00 it takes to take it in front
18 of the Macon County Board.
19 Q When you say you don't have the
20 $100,000.00, are you talking about you, yourself as
21 an individual, or one of your companies?
22 A The companies.
23 Q Which company?
24 A Either one of them.
250
KEEFE REPORTING COMPANY
Belleville, Illinois
1 Q Is Waste Hauling, Inc. still a going
2 concern?
3 A It is still operating.
4 Q Can you describe its operations?
5 A It is the hauling of industrial waste.
6 Q To which landfill does it haul?
7 A The Macon County Landfill.
8 Q Do you hold any interest in the Macon
9 County Landfill?
10 A I am a small stockholder.
11 Q You are a voting stockholder?
12 A That's correct.
13 Q And how many other voting stockholders
14 are there?
15 A Probably 25 or 30.
16 Q Does each own an equal share?
17 A It is my understanding that they do.
18 Q Does your company, Waste Hauling, Inc.,
19 receive a special rate for disposal at Macon County
20 Landfill?
21 A No.
22 Q If you don't have $100,000.00, then what
23 do you intend to do as far as the violations that
24 we have been talking about?
251
KEEFE REPORTING COMPANY
Belleville, Illinois
1 A That decision has not been made yet,
2 sir.
3 Q Have you spoken with Mr. Krimmel as far
4 as prioritizing all of the different things that
5 need to be done?
6 A When we went to the March meeting in 1993
7 we had a plan --
8 Q Okay.
9 A -- that we was going to present, and
10 after what we was told, that was the end of it.
11 Q What about the August 1996 meeting? Did
12 you learn enough from that meeting, through your
13 representatives, to prioritize compliance measures?
14 A August of when, sir?
15 Q I believe it was last year, August of
16 1996.
17 A I haven't learned enough to make any kind
18 of decision on what has to be done.
19 Q Well, let's explore that here. You don't
20 have a closure plan; is this correct?
21 A That's correct.
22 Q Okay. Therefore, you don't have
23 financial assurance; is this correct?
24 A That's correct.
252
KEEFE REPORTING COMPANY
Belleville, Illinois
1 MR. LATSHAW: Objection. This is all
2 beyond the scope of direct.
3 MR. DAVIS: Once again, in all sincerity,
4 Mr. Hearing Officer, this is cross-examination of
5 the party defendant.
6 HEARING OFFICER WALLACE: Well, this
7 appears to be more closely related to direct than
8 the other, so continue.
9 MR. DAVIS: Thank you.
10 Q (By Mr. Davis) You don't have financial
11 assurance, correct?
12 A That's right.
13 Q You don't have groundwater monitoring
14 wells, correct?
15 A We have a well, yes.
16 Q Okay. Have these wells been monitored?
17 A Yes.
18 Q What is the most recent data that you
19 have?
20 A I don't keep that information. Mr.
21 Krimmel does.
22 Q Okay. I believe on direct you did
23 testify, sir, that the groundwater monitoring
24 hadn't shown any problems. Is this your
253
KEEFE REPORTING COMPANY
Belleville, Illinois
1 understanding from talking to Mr. Krimmel?
2 A That's right.
3 Q Is it your understanding that the
4 monitoring is being done on a regular basis?
5 A Yes.
6 Q Let me jump back just for a second to the
7 financial assurance. We believe that at one point
8 in time you had a surety bond posted; is that
9 correct?
10 A That's correct.
11 Q It expired?
12 A That's correct.
13 Q Can you explain why it was not continued,
14 in effect?
15 A It expired. I didn't catch it. The EPA
16 didn't catch it.
17 Q Okay. Continuing on with the list of
18 compliance measures, I believe on direct you did
19 mention that it is your understanding that one to
20 three feet of cover was applied to the landfill; is
21 this correct?
22 A Uh-huh.
23 HEARING OFFICER WALLACE: Yes?
24 THE WITNESS: Yes. Excuse me.
254
KEEFE REPORTING COMPANY
Belleville, Illinois
1 Q (By Mr. Davis) What attempts have been
2 made, if any, to maintain this cover, Mr. Camfield?
3 A I haven't done anything there.
4 Q Okay. It was put on basically in the
5 summer and early fall of 1992?
6 A That's correct.
7 Q To comply with the judge's order?
8 A That's correct.
9 Q Nothing has been done since the fall of
10 1992 to maintain it?
11 A That is correct.
12 Q You may have heard about the evidence of
13 erosion problems at the landfill. My question to
14 you, sir, what efforts, if any, do you intend to
15 take in spending whatever money you have to take
16 care of those problems?
17 A I don't understand what you are asking
18 me, sir.
19 Q Okay. Let me back up. We have heard
20 about the application to cover four and a half
21 years ago.
22 A Okay.
23 Q We heard from you, sir, that you have
24 made no efforts to maintain it; is this correct,
255
KEEFE REPORTING COMPANY
Belleville, Illinois
1 sir?
2 A That's correct.
3 Q I am representing to you, sir, that we
4 have -- this group has heard evidence regarding
5 erosion problems at the landfill.
6 My question is; what efforts, if any, do
7 you intend to take to correct those erosion
8 problems?
9 MR. LATSHAW: I am objecting to this. It
10 is becoming inquisitorial. He didn't hear that
11 testimony from this witness. And if he wishes to
12 make this witness his witness, then he can issue a
13 subpoena and he can do so.
14 But it is beyond the scope of this
15 witness' direct examination. It certainly is
16 relevant and related to all of the testimony we
17 have heard from Mr. Krimmel, and it is starting to
18 sound a little cumulative, but it certainly is
19 beyond the scope of this witness' direct
20 examination from us.
21 MR. DAVIS: Well, it is appropriate, Mr.
22 Wallace, for the attorney doing the
23 cross-examination to represent to the witness what
24 evidence has been received. And I don't think
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KEEFE REPORTING COMPANY
Belleville, Illinois
1 there is a dispute regarding my representation as
2 to that.
3 I think it is appropriate, as I have
4 stated earlier, in the cross-examination of a party
5 defendant, especially with the Board's statutorily
6 mandated consideration of certain criteria, to
7 focus on these types of things for due diligence,
8 for economic benefit accrual, regarding the
9 severity of the violations, and on and on.
10 I am not being sarcastic. I don't want
11 to make this man my witness. He is here now. He
12 is under oath. I am crossing him. I think it is a
13 perfectly legitimate inquiry. It may be striking a
14 bit deep.
15 HEARING OFFICER WALLACE: The objection
16 is overruled. Continue.
17 Q (By Mr. Davis) Okay. My question to you
18 sir, once again, is we have heard about these
19 erosion problems. What do you intend to do with
20 your financial resources, whatever they may be, to
21 address the erosion problems?
22 A When this hearing is over, I intend to
23 get with the professionals that I hired and find
24 out what I need to do.
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1 Q Why are you waiting for the hearing to be
2 over?
3 A I have no idea what is going to be
4 required out of this hearing.
5 Q Are you telling the Pollution Control
6 Board that you are willing to wait until they send
7 you an order?
8 A I have got to find out what is going to
9 happen.
10 Q Well, is there any uncertainty in your
11 mind, sir, regarding this hazardous waste
12 situation?
13 A Any --
14 Q Any uncertainty?
15 A Uncertainty in what way?
16 Q As far as how it impacts the closure
17 activities that will be required of you?
18 A Yes, there is uncertainty.
19 Q Does this uncertainty translate to
20 certain other fundamental matters, such as
21 maintenance of cover?
22 A The uncertainty has got the whole
23 situation confused as to what is going to be
24 required; what, when and where.
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1 Q Do you feel that the erosion problems at
2 your landfill may be causing any problems with
3 leachate?
4 A No.
5 Q Do you agree, sir, that leachate during
6 the operation of the landfill was a problem?
7 MR. LATSHAW: I am renewing my objection
8 going back two months ago, three months ago, to
9 this leachate business that -- I am just renewing
10 it for the record. I have a continuing objection
11 to the testimony about it. I am just renewing it.
12 HEARING OFFICER WALLACE: All right. So
13 noted.
14 Mr. Camfield?
15 THE WITNESS: Which leachate problem are
16 you referring to, sir?
17 Q (By Mr. Davis) The one that the judge
18 shut your landfill down for.
19 A That had to do with the old fill.
20 Q Okay. Do you feel, sir, that there is
21 any need to take any action at your landfill at the
22 present time to prevent leachate problems?
23 A I don't think I have a leachate problem,
24 actually.
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1 Q Okay. Now, you have testified, Mr.
2 Camfield, that on April 9, 1992, Waste Hauling
3 Landfill accepted a load of drums from Bell Sports;
4 isn't this true?
5 A That's correct.
6 Q To your knowledge, did this load contain
7 any hazardous wastes?
8 A No, sir.
9 Q Then why are you claiming in a
10 cross-claim against Bell that it did contain
11 hazardous waste?
12 MR. LATSHAW: I will object to the
13 question as calling for a legal conclusion, and it
14 is, I think, a bit argumentative with this
15 witness.
16 MR. DAVIS: Well, my response would be
17 that what people put in legal pleadings should be
18 discussed with clients. We have a situation where
19 Mr. Camfield has not fully informed himself of the
20 facts regarding his landfill, and I am now turning
21 my attention to whether he has fully informed
22 himself as to the facts that are pleaded in this
23 litigation.
24 HEARING OFFICER WALLACE: The objection
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1 is sustained.
2 MR. DAVIS: I have no other
3 cross-examination. Thank you.
4 HEARING OFFICER WALLACE: Redirect?
5 MR. LATSHAW: Yes, sir. Thank you.
6 REDIRECT EXAMINATION
7 BY MR. LATSHAW:
8 Q Jerry, I would like to call your
9 attention to People's Exhibits 10 and 11, if we can
10 find those somewhere. Those both purport to be
11 inspection reports of the EPA in 1992, in the
12 summer; is that correct?
13 A Yes, according to the dates, yes.
14 Q Do you recall inspectors being out at the
15 landfill on, I guess it would have been in July and
16 then again in September of 1992?
17 A Yes.
18 Q Did you have any contact with those two
19 gentlemen, whoever they might have been, whoever is
20 reflected on those inspection reports?
21 A Yes, I talked to them.
22 Q Did either one of them mention to you
23 that the Illinois EPA suspected that you had
24 received hazardous wastes during either of those
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1 visits?
2 A I don't remember the conversation.
3 Q I believe Counsel had also asked you, on
4 behalf of Bell, with regard to some type of filters
5 from DK Manufacturing. Do you know what kind of
6 filters those might have been? Do you have any
7 idea what they were?
8 A No, I don't have knowledge of the exact
9 origin or where they came from.
10 Q Do you know what they are? Do you have
11 some idea what they are?
12 A Just a filter material. It was my
13 understanding that they were like a two by two and
14 a half foot filter type thing and that there was a
15 series of them in a wall. That was my
16 understanding of what they were.
17 Q Okay. Now, these, apparently, had turned
18 up into the general waste container that you
19 contracted with DK to move?
20 A That's correct.
21 (Mr. Davis left the hearing
22 room.)
23 Q (By Mr. Latshaw) Now, this container, was
24 that -- was that the only type of agreement that
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1 you had with DK Manufacturing, was to move a
2 general waste container?
3 A Yes.
4 Q And that was, of course, your container I
5 think you indicated?
6 A Right.
7 Q You did not have any agreement or obtain
8 any special waste permit for the purpose of moving
9 any other waste from DK Manufacturing, then?
10 A Not that I recollect.
11 Q Okay. The only occasion that you know of
12 that any of these filters would have appeared in
13 your landfill was on the particular day that you
14 were there in the presence of an inspector who
15 noticed it at that time; is that correct?
16 A That's correct.
17 Q How many filters were there on that day.
18 Do you have any recollection?
19 A No, I do not.
20 (Mr. Davis entered the hearing
21 room.)
22 Q (By Mr. Latshaw) All right. Could it
23 have been one?
24 A I really don't have a recollection as to
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1 how many.
2 Q Okay. Had you seen any of those before
3 that day?
4 A No.
5 Q Had you been there when DK had -- when
6 the DK container had come in before that day?
7 A I have dumped the container myself.
8 Q All right. Did you notice any filters in
9 those containers?
10 A No, I did not. No.
11 Q All right. Now, were there ever any
12 tests done that you know of, that you became aware
13 of, with regard to what, in fact, those filters
14 were classified in terms of hazardous versus
15 nonhazardous?
16 A Other than what is in the report is the
17 only thing I know about.
18 Q All right. No one ever showed you any
19 test results?
20 A No.
21 Q So when Counsel asked you whether you had
22 decontaminated the container after you had removed
23 the -- after you took the filters back to DK, were
24 you aware of any need to decontaminate the
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1 container without evidence that it has been
2 contaminated?
3 A It was my understanding that it was all
4 dry. It was just the filter.
5 Q Did the inspector indicate to you at that
6 time and place that the container had been
7 contaminated?
8 A No.
9 MR. LATSHAW: I have nothing further.
10 Thank you.
11 HEARING OFFICER WALLACE: Mr. Taylor?
12 MR. TAYLOR: Just a couple things.
13 RECROSS EXAMINATION
14 BY MR. TAYLOR:
15 Q Sir, do you know what the difference is
16 between a listed hazardous waste and a
17 characteristic hazardous waste?
18 A No, I do not.
19 Q What was the volume of the DK containers
20 that you picked up?
21 A That is a 40 cubic yard box.
22 Q Was that -- how often did you pick that
23 up? Was that once a week?
24 A Probably. Without looking at records, I
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1 don't know how often it was picked up. They went
2 through different schedules.
3 Q But it was relatively frequent?
4 A Yes.
5 Q Okay. So when you say you didn't see any
6 filters in a shipment that you hauled, that could
7 have been a 40 cubic yard shipment?
8 A The same as the one that the filters were
9 in.
10 Q Right. How large are the filters?
11 A Two by two and a half or something like
12 that.
13 Q Are they thick?
14 A No, they are just so thick (indicating).
15 That's all I remember.
16 HEARING OFFICER WALLACE: Let the record
17 reflect that --
18 THE WITNESS: The record. Oh, okay.
19 Maybe two inches thick. Two by two and a half.
20 Q (By Mr. Taylor) Okay. Were they
21 pliable? Do you know what I mean by pliable?
22 A Yes.
23 Q Were they?
24 A Yes.
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1 Q Okay. To your knowledge, did anyone else
2 pick up DK's general waste? And by general waste I
3 mean their trash, whatever would have been in these
4 40 cubic yard containers from the period of mid
5 1988 through 1990?
6 A Did another driver do it?
7 Q No. Let me be more specific.
8 A Okay.
9 Q Did -- was another hauling and disposal
10 company dealing with their waste?
11 A No.
12 Q So as far as you know, you were their
13 exclusive general waste disposal provider?
14 A That's correct.
15 MR. TAYLOR: That is all I have.
16 We move to enter Bell Number 6, which was
17 the waste in daily sheets.
18 HEARING OFFICER WALLACE: Any objection?
19 MS. MENOTTI: No.
20 HEARING OFFICER WALLACE: Any objection?
21 MR. LATSHAW: No objection.
22 HEARING OFFICER WALLACE: Bell Exhibit
23 Number 6 is admitted.
24 (Whereupon said document was
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KEEFE REPORTING COMPANY
Belleville, Illinois
1 admitted into evidence as Bell
2 Exhibit 6 as of this date.)
3 MR. TAYLOR: For purposes of
4 clarification, it is my understanding that we also
5 entered in the two labels.
6 HEARING OFFICER WALLACE: Yes, the two
7 labels were admitted. And to clear something up,
8 while I am thinking about it, Number 5 was
9 technically not moved, I don't believe. But if you
10 want to make it an issue, then you can move it. I
11 will deny admission and then you can do whatever
12 you want.
13 MR. TAYLOR: All right. We would then
14 move to enter Bell Number 5.
15 HEARING OFFICER WALLACE: All right.
16 That being an annual report, and it is not
17 admitted.
18 MR. DAVIS: Mr. Wallace, I have no
19 recross of Mr. Camfield.
20 HEARING OFFICER WALLACE: All right. You
21 were through, Mr. Taylor?
22 MR. TAYLOR: Yes, I am through.
23 HEARING OFFICER WALLACE: All right.
24 Thank you, Mr. Davis.
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1 Mr. Camfield, you may step down.
2 THE WITNESS: All right.
3 (The witness left the stand.)
4 HEARING OFFICER WALLACE: Mr. Van Ness?
5 MR. LATSHAW: I think we rest. And in
6 case we haven't, I will move to admit all of the
7 exhibits. For 22 years that's been haunting me.
8 HEARING OFFICER WALLACE: All right. I
9 think I am still reserving ruling on Exhibit Number
10 5, but I think everything else has been admitted.
11 We will adjourn for the day, but do you
12 anticipate -- well, actually, do you anticipate
13 witnesses tomorrow?
14 MR. TAYLOR: Two, I believe.
15 HEARING OFFICER WALLACE: All right.
16 MR. LATSHAW: Do you need Mr. Camfield?
17 MR. TAYLOR: No, we are done with Mr.
18 Camfield.
19 MS. MENOTTI: I don't know if you want
20 this on or off the record. I know that you are
21 expecting Mr. Townsend to testify tomorrow. He is
22 not under subpoena, and he is not available to
23 testify until tomorrow afternoon.
24 MR. TAYLOR: He is under subpoena.
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KEEFE REPORTING COMPANY
Belleville, Illinois
1 MS. MENOTTI: He never received his
2 subpoena for this round of the hearing.
3 MR. NAHMOD: Well, all witnesses were
4 under subpoena.
5 MS. MENOTTI: He received one for the
6 first hearing in March, and the second hearing in
7 April. He can't appear tomorrow morning.
8 MR. TAYLOR: You said he is available in
9 the afternoon?
10 MS. MENOTTI: He will be available in the
11 afternoon.
12 MR. DAVIS: Who was your other, Zierath?
13 MR. DAVIS: Because he asked me. He said
14 he was under subpoena from you, and he asked me to
15 check and --
16 MR. TAYLOR: We are done with Mr.
17 Zierath.
18 MR. DAVIS: All right.
19 MR. TAYLOR: The other witness will be a
20 gentleman named Robert Miller from Bell Sports.
21 HEARING OFFICER WALLACE: All right. In
22 any event, we can get started with one witness
23 tomorrow morning, and then Mr. Townsend will be
24 available at what time?
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1 MS. MENOTTI: He has a doctor's
2 appointment and he should be available some time
3 early afternoon, is the message that I got.
4 HEARING OFFICER WALLACE: Is that like
5 1:00 or 1:30.
6 MS. MENOTTI: That's what I assume.
7 MR. TAYLOR: Just so everyone knows, I
8 don't expect Mr. Miller to take very long. I can't
9 represent any cross-examinations, but I suspect
10 that there will be a significant break in between
11 witnesses.
12 HEARING OFFICER WALLACE: Off the
13 record.
14 (Discussion off the record.)
15 HEARING OFFICER WALLACE: Back on the
16 record.
17 We will adjourn until tomorrow morning at
18 10:00.
19 (WHL Exhibits 14 through 18 and
20 Bell Exhibits 3 through 6 were
21 retained by Hearing Officer
22 Wallace.)
23
24
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KEEFE REPORTING COMPANY
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1 STATE OF ILLINOIS )
) SS
2 COUNTY OF MONTGOMERY)
3 C E R T I F I C A T E
4 I, DARLENE M. NIEMEYER, a Notary Public
5 in and for the County of Montgomery, State of
6 Illinois, DO HEREBY CERTIFY that the foregoing 271
7 pages comprise a true, complete and correct
8 transcript of the proceedings held on the 19th of
9 May A.D., 1997, at the Office of the Attorney
10 General, Conference Room, 500 South Second Street,
11 Springfield, Illinois, in the case of People of the
12 State of Illinois v. Waste Hauling Landfill, Inc.
13 and Waste Hauling, Inc., in proceedings held before
14 the Honorable Michael L. Wallace, Hearing Officer,
15 and recorded in machine shorthand by me.
16 IN WITNESS WHEREOF I have hereunto set my
17 hand and affixed my Notarial Seal this 30th day of
18 May A.D., 1997.
19
20
Notary Public and
21 Certified Shorthand Reporter and
Registered Professional Reporter
22
CSR License No. 084-003677
23 My Commission Expires: 03-02-99
24
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