P97205A.PDF

1 BEFORE THE ILLINOIS POLLUTION CONTROL BOARD

4 ILLINOIS LANDFILL, INC.,

5 Petitioner,

6 vs. No. PCB 97-205

7 ILLINOIS ENVIRONMENTAL

8 PROTECTION AGENCY,

9 Respondent.

13 Proceedings held on July 25, 1997, at

14 9:35 a.m., at

Vermillion County Courthouse, Annex,

15 County Board Room, 6 North Vermilion Street,

16 Danville, Illinois, before the Honorable Deborah L.

17 Frank, Hearing Officer.

21 Reported by: Darlene M.

Niemeyer, CSR, RPR

CSR License No.: 084-003677

23 KEEFE REPORTING COMPANY

11 North 44th Street

24 Belleville, IL 62226

(618) 277-0190

KEEFE REPORTING COMPANY

Belleville, Illinois

1 A P

P E A R A N C E S

ILLINOIS ENVIRONMENTAL PROTECTION AGENCY

3 BY: Robert J.

Scherschligt, Esq.

Assistant Counsel

4 Division of Legal Counsel

2200 Churchill Road

5 Springfield, Illinois 62794-9276

On behalf of the Illinois Environmental

6 Protection Agency.

7 DUKES, MARTIN, RYAN, MEYER & KRAPF, LTD.

BY: Nancy S. Johnson, Esq.

8 146 N. Vermilion Street

Danville, Illinois 61832

9 On behalf of Illinois Landfill, Inc.

10 GROPPI,

McNAMARA & UNDERHILL

BY: Frederick

Underhill, Esq.

11 414 W. North Street

Danville, Illinois 61832

12 On behalf of the Objector, Mr. William

Regan.

KEEFE REPORTING COMPANY

Belleville, Illinois

1 I N D E X

2 WITNESS PAGE NUMBER

3 SAMUEL L. MARTIN, II 9

4 ALLEN DECKER 19

5 STEVEN C. SMITH 24

6 WILLIAM G. PARASKEVAS 26

8 E X H I B I T S

9 NUMBER MARKED

10 Hearing Public Comment Exhibit 1 11

Hearing Public Comment Exhibit 2 13

11 Hearing Public Comment Exhibit 3 13

Hearing Public Comment Exhibit 4 16

12 Hearing Public Comment Exhibit 5 16

(Hearing Public Comment

14 Exhibits 1 through 5 were

retained by Hearing Officer

15 Frank.)

KEEFE REPORTING COMPANY

Belleville, Illinois

1 P R O C E

E D I N G S

2 (July 25, 1997; 9:35 a.m.)

3 HEARING OFFICER FRANK: Good morning and

4 welcome to the hearing in Illinois Landfill, Inc.

5 versus the Illinois Environmental Protection

6 Agency, PCB 97-205. This is a variance. It is a

7 hearing before the Illinois Pollution Control

8 Board. I would note for the record that there are

9 members of the public present.

10 If the attorneys for everyone would like

11 to go ahead and make an appearance on the record,

12 then we can go ahead and begin.

13 MR. SCHERSCHLIGT: Bob

Scherschligt,

14 Counsel for the Illinois EPA.

15 MS. JOHNSON: Nancy Johnson, attorney for

16 Illinois Landfill, Inc.

17 HEARING OFFICER FRANK: Is there an

18 attorney for the objector here?

19 MR. UNDERHILL: Yes. Fred

Underhill, the

20 attorney for objector, Bill

Regan.

21 HEARING OFFICER FRANK: Anybody else that

22 needs to make an appearance? Okay. Then are there

23 opening statements from either the Illinois

24 Landfill or from the Agency?

KEEFE REPORTING COMPANY

Belleville, Illinois

1 MS. JOHNSON: I just had a brief

2 statement to make.

3 HEARING OFFICER FRANK: Please begin.

4 MS. JOHNSON: I am Nancy Johnson. I am

5 the attorney for Illinois Landfill, Inc. I have

6 with me today Steve Smith, who is a Registered

7 Professional Engineer, and an employee of Allied

8 Waste, one of the

affiants on our petition. I also

9 have with me Mr. Bill

Paraskevas, who is the

10 project director for Andrews Engineering, and also

11 one of our

affiants on our petition.

12 We are basically going to stand on our

13 petition as submitted. We will not be presenting

14 any additional or new evidence today. I do have

15 the

affiants present if either the IEPA or the

16 Hearing Officer has any questions of them or any

17 need for us to respond to any of the public

18 comment.

19 I am not going to waste a lot of time and

20 reiterate the long history of this situation. I

21 think we are all familiar with it. I would like to

22 note that the addendum to our application for

23 significant modification has been filed, as

24 promised in our petition, so that the 180 days is

KEEFE REPORTING COMPANY

Belleville, Illinois

1 running now as we speak. I want the Pollution

2 Control Board and the IEPA to note that ILI is

3 working diligently to get a resolution of this

4 matter.

5 Also, I would like to acknowledge on

6 behalf of ILI that certainly any technical

7 deficiencies that were a part of our application

8 are obviously the responsibility of ILI, and we

9 take the responsibility for those and we are

10 working to correct those. However, it is still our

11 belief that all other delays that have occurred in

12 this situation prior to the technical deficiencies

13 have been in large part beyond our control, and

14 that we are in compliance with everything that we

15 need to be in compliance with at this time, and

16 that whenever necessary we have sought statutory

17 relief. We feel like we have, you know, taken the

18 right avenues and done the correct things in

19 getting

ourself to where we are today.

20 The petition was brought in good faith

21 and, like I said, we are trying to resolve the

22 situation as expeditiously as possible, and we want

23 to thank the Pollution Control Board and the IEPA

24 for all the time and effort put into the situation

KEEFE REPORTING COMPANY

Belleville, Illinois

1 and we are requesting that the petition be allowed

2 from September 18th of 1997 to September 18th of

3 1998. Thank you.

4 HEARING OFFICER FRANK: Mr.

Scherschligt?

5 MR. SCHERSCHLIGT: Just briefly. The

6 Illinois EPA would acknowledge that we have

7 received the addendum and that we will be reviewing

8 it. We would also like to state that we believe

9 the Illinois EPA and the Illinois Landfill are

10 working together, and we look forward to the

11 successful resolution of this matter. We believe

12 that both parties are working in good faith.

13 Thirdly and finally, I just would like to

14 state that the Illinois EPA submits that regardless

15 of what happens on Illinois Landfill's application

16 for significant modification, the regulations would

17 require Illinois Landfill to operate and close

18 their landfill in accordance with Subpart C if they

19 choose to accept waste beyond September 18th of

20 this year. I would just like to submit that.

21 Other than that, we would stand on our

22 recommendation and response filed on June 11th of

23 this year.

24 HEARING OFFICER FRANK: The objectors, do

KEEFE REPORTING COMPANY

Belleville, Illinois

1 you wish to make a statement on the record?

2 MR. UNDERHILL: Yes.

3 HEARING OFFICER FRANK: Okay. Please

4 introduce any witnesses you plan on questioning for

5 our court reporter.

6 MR. UNDERHILL: Yes. Thank you. My name

7 is Fred

Underhill. I am the attorney for the

8 objector, William

Regan. We have filed a written

9 objection in this matter previously and also a

10 reply which should be part of the record, and would

11 ask the Board to consider those items.

12 I have two individuals with me today that

13 would like to make a presentation to the Board and

14 make some comments to you today concerning this

15 matter that are intimately involved with the

16 situation.

17 First of all, I would like to, though,

18 call on Sam Martin to make public comments

19 concerning this situation.

20 HEARING OFFICER FRANK: Would you please

21 swear the witness.

22 (Whereupon the witness was

23 sworn by the Notary Public.)

24 HEARING OFFICER FRANK: Please begin.

KEEFE REPORTING COMPANY

Belleville, Illinois

1 S A M U E L

L. M A R T I N, II,

2 having been first duly sworn by the Notary Public,

3 saith as follows:

4 MR. MARTIN: My name is Sam Martin. I am

5 the farm manager for the

Regan Farms. Allen Decker

6 is our farm operator. Bill had hoped to be here

7 today, but unfortunately had a prior commitment and

8 was unable to attend. He had requested a hearing

9 date change, and that was not possible. We

10 certainly appreciate the opportunity to speak at

11 this hearing.

12 Mr.

Regan's position is the Illinois

13 Pollution Control Board should deny the ILI

14 petition for variance of PCB 97-205. The Pollution

15 Control Board has had previous concerns regarding

16 the ILI

Hoopeston Landfill, an example being the

17 Illinois PCB reversal of the original

Hoopeston

18 siting in its decision on September 23rd, 1993 and

19 also the Illinois Pollution Control Board decision

20 to deny

ILI's motion for reconsideration on

21 December 16th of 1993.

22 There have been significant concerns by

23 Hoopeston citizens; in the city wide site, 90

24 percent to 10 percent against the ILI expansion

KEEFE REPORTING COMPANY

Belleville, Illinois

1 application. Mr.

Regan opposes the granting of

2 variance because it would afford ILI eight years to

3 come into compliance with the Illinois landfill

4 statutes when the Illinois legislature established

5 only a four-year period for that compliance.

6 The purpose of Illinois landfill

7 regulations is to protect the environment and

8 neighboring property owners as a result of bad

9 experiences with Illinois Landfill, Inc. and

10 difficulty communicating with the Illinois

11 Landfill, Inc. Three years ago Illinois Landfill

12 constructed a

berm 20 feet high which interfered

13 with surface drainage from the

Regan Farms.

14 As was discussed a year ago at this

15 hearing, we had significant drainage problems. We

16 submitted a lot of photographs. We had certain

17 meetings with Illinois Landfill representatives.

18 They denied that there was any type of a problem.

19 Based on subsequent investigations, which we dug a

20 hole and found the tile, they finally agreed that

21 it was a problem, and had taken some steps to

22 correct it.

23 I have, which I would like to submit, if

24 I could, letters between Illinois Landfill, Inc.

KEEFE REPORTING COMPANY

Belleville, Illinois

1 and ourselves starting with January of 1994

2 regarding this issue of which we presented them the

3 problem of the drainage in January. They responded

4 in December, 11 months later, and specifically

5 stated that we will re-route our ditches in order

6 to limit the drainage, pull back the

berm a minimum

7 of 25 feet, and will improve the water flow and

8 drainage at the western end of the ditch. That was

9 not accomplished until the spring of 1997.

10 Can I give you a copy of these letters?

11 It might be easier to follow along.

12 HEARING OFFICER FRANK: Okay.

13 MR. UNDERHILL: Do you have extra copies

14 for the other individuals here?

15 HEARING OFFICER FRANK: Yes, if you have

16 copies for the other attorneys that would be great.

17 MR. MARTIN: Yes.

18 HEARING OFFICER FRANK: For now, I am

19 going to mark the group of letters as Hearing

20 Public Comment 1.

21 (Whereupon said documents were

22 duly marked for purposes of

23 identification as Hearing

24 Public Comment Exhibit 1 as of

KEEFE REPORTING COMPANY

Belleville, Illinois

1 this date.)

2 MR. MARTIN: Allen Decker will comment

3 further on the broken tile which was repaired.

4 As a result of these conversations I have

5 actually a couple of pictures that I would like to

6 show you, if I could.

7 HEARING OFFICER FRANK: Okay. Are you

8 going to submit these for the record for the Board

9 to keep?

10 MR. MARTIN: Yes.

11 HEARING OFFICER FRANK: Okay.

12 MR. MARTIN: That is --

13 MR. UNDERHILL: Wait a minute.

14 HEARING OFFICER FRANK: We need to mark

15 them so that --

16 MR. UNDERHILL: She has to identify and

17 mark those first, Sam.

18 MR. MARTIN: Okay.

19 HEARING OFFICER FRANK: The first picture

20 is marked as Number 2. Do you have three?

21 MR. MARTIN: No.

22 HEARING OFFICER FRANK: The second

23 picture is marked as Number 3. They are both dated

24 May 6th, 1997. The picture marked picture Number

KEEFE REPORTING COMPANY

Belleville, Illinois

1 2, I will call Hearing Public Comment Number 2 and

2 the picture marked Number 3 will be Hearing Public

3 Comment Number 3.

4 MR. MARTIN: Okay.

5 (Whereupon said photographs

6 were duly marked for purposes

7 of identification as Hearing

8 Public Comment Exhibits 2 and 3

9 as of this date.)

10 MR. MARTIN: Going back to the

11 correspondence with Illinois Landfill, Inc., as you

12 can tell, January of 1994 confirmed a conversation

13 that I had with Jim

VanWilden (spelled

14 phonetically) regarding the drainage problem and

15 the runoff. The response that we received in

16 December of 1994 made certain promises as to what

17 they were going to do. Nothing happened in 1995,

18 whatsoever. There was a lot of verbal phone

19 calling back and forth.

20 The pictures we submitted a year ago at

21 the hearing show the

ponding problem that was

22 created by the water. In November of 1996 I met

23 with -- excuse me. In October of 1996 I met with

24 the

Vermillion County Health Department. In their

KEEFE REPORTING COMPANY

Belleville, Illinois

1 letter they mentioned that they spoke with Rich

2 Girard of the Champaign Regional Office of the EPA,

3 and kind of pointed out that the Illinois EPA does

4 not regulate the situations that I pointed out

5 dealing with the dead trees, the

ponding and

6 whatnot. They recommended the Illinois Department

7 of Transportation, Division of Waterways may be

8 able to help.

9 Subsequently, in 1997 we had submitted a

10 bill to the Illinois Landfill for the crop damage

11 that was created by the

ponding water on our farm,

12 in a meeting with Rich

Galloway and Larry

Sheiling

13 (spelled phonetically) regarding the removing of

14 the dead hedge trees and improving the surface

15 drainage and also being reimbursed for our crop

16 damage.

17 February 26 of 1997 Illinois Landfill,

18 Inc. responded to our requests. They agreed to

19 construct the necessary drainage structure to

20 relieve the water

ponding, the problem on the

21 property. They agreed to remove the dead trees. I

22 would like to point out as for the monetary damages

23 we can appreciate the fact that weather and

24 rainfall directly impacts the profitability of your

KEEFE REPORTING COMPANY

Belleville, Illinois

1 operation just as it does ours, however, we have no

2 more control over those forces than you do.

3 Therefore, we decline payment of any damages.

4 The pictures that I submitted, Number 2

5 and Number 3, relate to the necessary drainage

6 structure which was the tile that they cut in the

7 hedge row that they did put an extension on and

8 they did dig an outlet ditch for that tile to

9 drain. I believe it is picture Number 2 that shows

10 the structure containing the tile at the bottom,

11 and picture Number 3 would be the ditch extending

12 that drainage.

13 They also removed the dead trees that

14 were in that area. Subsequent to that, that

15 drainage ditch that runs to the west, the extension

16 in picture Number 3, just goes to a dead end. That

17 water now -- which I would like to submit new

18 pictures. As that water runs westerly on their

19 side of the property it is now re-routed back into

20 our farm further to the west. So while they have

21 solved one problem of ours, they have created

22 another problem. These were pictures taken in June

23 of 1997.

24 HEARING OFFICER FRANK: Can you identify

KEEFE REPORTING COMPANY

Belleville, Illinois

1 for the record -- I will mark this first picture,

2 picture Number 4, Hearing Public Comment Number 4.

3 (Whereupon said photograph was

4 duly marked for purposes of

5 identification as Hearing

6 Public Comment Exhibit 4 as of

7 this date.)

8 HEARING OFFICER FRANK: Can you identify

9 for the record what that picture is of, please?

10 MR. MARTIN: Yes, this is of our bean

11 field that would be next to the hedge which is the

12 borderline between Illinois Landfill and

Regan

13 Farms.

14 HEARING OFFICER FRANK: I will mark this

15 photograph next as Hearing Public Comment Number 5.

16 (Whereupon a photograph was

17 duly marked for purposes of

18 identification as Hearing

19 Public Comment Exhibit 5 as of

20 this date.)

21 HEARING OFFICER FRANK: Okay. For the

22 record, Number 5, can you identify that, please.

23 MR. MARTIN: Number 5 would be the hedge

24 row that is our bean field and Illinois Landfill's

KEEFE REPORTING COMPANY

Belleville, Illinois

1 property. This is where the water is coming back

2 from the Illinois Landfill on to the farm.

3 HEARING OFFICER FRANK: For the record,

4 you are pointing to the right-hand side of the

5 picture and you are saying that Illinois Landfill

6 would be on the right-hand border of the picture?

7 MR. MARTIN: On the right-hand side, yes.

8 HEARING OFFICER FRANK: Okay. Thank you.

9 MR. MARTIN: Which is a result of this

10 ditch.

11 HEARING OFFICER FRANK: Which is picture

12 Number 3?

13 MR. MARTIN: Number 3. It just runs down

14 there, and when the ditch is no longer a ditch but

15 out on the surface, it runs back on to our farm.

16 HEARING OFFICER FRANK: Okay.

17 MR. MARTIN: I have met with Ken

Samet

18 (spelled phonetically) at the landfill, who was

19 going to discuss the problem with the people there

20 to try and get that ditch dug a little further to

21 keep the water off of our property. As of last

22 night, nothing had been done. It still is a

23 problem area for us.

24 I would just like to point out, for the

KEEFE REPORTING COMPANY

Belleville, Illinois

1 record, that the crop years of 1995 and 1996 have

2 been adversely affected by Illinois Landfill,

3 Inc.'s lack of attention. They certainly were

4 aware of it. Their letter of December of 1994

5 would indicate that. They have just been very

6 difficult to, you know, accommodate any of our

7 concerns. We will just leave it at that. The

8 trees did die and have been removed. There are

9 more dead trees in that hedge row.

10 I have been trying to get

ahold of Bob

11 Blare, who is the Illinois Department of Forestry

12 representative for this area out of Charleston.

13 Bob has not had an opportunity to come up and look

14 at those trees. I am trying to figure out why they

15 are dying, either because of the standing water on

16 there or the activity on that side or some other

17 reason. But that hedge row is being greatly or

18 adversely affected by their operation.

19 It has just been very frustrating to get

20 them to cooperate. My firm manages about 16,000

21 acres in 7 counties in the State of Illinois. We

22 have drainage conflicts with neighbors in a lot of

23 different counties. Those conflicts are always

24 addressed and it never seems to be a problem at all

KEEFE REPORTING COMPANY

Belleville, Illinois

1 to get them resolved, whether it is waiting until

2 the crops come off to run some tile through or

3 whatever. I have never had this much problem in 21

4 years of managing farm ground to try and get what I

5 think is a simple situation taken care of, than I

6 have had with Illinois Landfill, Inc.

7 I would now like to let Allen Decker talk

8 to you about the drainage problems.

9 HEARING OFFICER FRANK: Okay. You need

10 to be sworn, too.

11 (Whereupon the witness was

12 sworn by the Notary Public.)

13 A L

L E N D E C K E R,

14 having been first duly sworn by the Notary Public,

15 saith as follows:

16 MR. DECKER: I am Allen Decker, and I

17 have farmed Bill

Regan's ground since probably

18 1988. In 1994 I spoke with Bill and said that we

19 had some sort of problem now that the landfill was

20 going about their work on their side. We had

21 trouble getting some corn planted in 1994. Then in

22 1995 we couldn't get some beans planted in that

23 area, and in 1996 the corn again.

24 Then in the summer of 1996 I talked with

KEEFE REPORTING COMPANY

Belleville, Illinois

1 Bill and said there has got to be a tile in that

2 area, because it never was a problem before. So we

3 went out there and exposed the tile and there was

4 and looks to be. In talking to area farmers that

5 have farmed that farm in years past, they said that

6 tile probably ran to the northeast of that farm all

7 the way through the Illinois Landfill now and goes

8 to an open ditch.

9 So being that they did alleviate the

10 problem the spring of this year we hooked on an

11 open ditch there and they cut that in, which Sam

12 related to, now the water just runs back and

13 around. We fixed one problem but made another one,

14 in a sense. The main thing is I think that, you

15 know, it is just a broken down tile system now.

16 Where it used to go through that farm there is just

17 not an outlet for us now.

18 We went to an open ditch always before,

19 and I think until we get back to where we can hook

20 on to the existing tile of some sort we are going

21 to have a water problem forever because there is so

22 many acres behind this tile it gets loaded down,

23 and it is just like a running faucet now.

24 Basically I think that's pretty

KEEFE REPORTING COMPANY

Belleville, Illinois

1 self-explanatory. We went through it last year

2 and, like I said, we have talked with the guys and

3 had pretty good luck saying they are going to do

4 something, but we just keep kind of sprinkling salt

5 on a wound and never get anything done.

6 HEARING OFFICER FRANK: Is there anything

7 further?

8 MR. UNDERHILL: I would like to briefly

9 summarize our objection for the record, then. This

10 is Fred

Underhill. I am the attorney for the

11 objector. As I mentioned before, we have filed

12 written objections, and I do not intend to read the

13 written objections. But to summarize our feeling

14 in this matter, of course, the standards were set

15 in September of 1990. Illinois Landfill has

16 received prior variances. The regulations require

17 compliance in four years or 1994.

18 Now we are -- now they are requesting a

19 four-year delay to comply. When the Board granted

20 the first extension in December of 1994 it was

21 conditioned upon the fact that the application

22 would be filed by September 18th, 1995. Well, it

23 wasn't until a year after that.

24 The Illinois Landfill must prove that the

KEEFE REPORTING COMPANY

Belleville, Illinois

1 claimed hardship outweighs the public interest in

2 attaining compliance with the regulations which are

3 designed to protect the public. As you have heard

4 today from Mr. Martin and Mr. Decker, the public

5 continues to be at risk. The environment has

6 continued to be adversely affected.

7 This one particular farm has suffered

8 extensive damage because of their failure to

9 maintain drainage tiles and their diversion of the

10 surface drainage on to the property. This has been

11 brought up to this hearing before and it

12 continues. There certainly has been an

13 environmental impact and the public has been

14 affected.

15 I do not feel that the petition has set

16 forth and shown measures that they intend to

17 undertake during the period of the variance to

18 minimize the impact of the discharge of the

19 contaminants on the environment. I believe any

20 damage in this regard is relevant. Illinois

21 Landfill has not demonstrated that they intend to

22 comply with the requirements, and they have not

23 shown any measures that they intend to take to

24 comply.

KEEFE REPORTING COMPANY

Belleville, Illinois

1 As the Board stated in the December 1st,

2 1994 order, this variance is by its very nature a

3 temporary reprieve from compliance. Compliance

4 should be sought regardless of the hardship in this

5 regard. The Illinois Landfill must also calculate

6 and commit to a plan which is calculated to achieve

7 compliance within a term certain.

8 We feel at this point, based on the

9 evidence, that the public is at risk and will

10 continue to be at risk until Illinois Landfill has

11 met the regulatory standards. They have had four

12 years for compliance and now they are asking for a

13 total of eight years for continued compliance. We

14 would ask, then, that the Illinois Landfill should

15 immediately come into complete compliance with the

16 landfill regulations, because that is the purpose

17 of the regulations, and there has been hazards to

18 the public and the safety. The Illinois Landfill

19 has had long enough to come into compliance and it

20 is time for the Illinois Pollution Control Board to

21 protect the public, which is this mandate.

22 Thank you.

23 HEARING OFFICER FRANK: Thank you.

24 There are two other members of the

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Belleville, Illinois

1 public. Do you wish to speak? For the record,

2 they are shaking their heads no.

3 Do either of the attorneys for either ILI

4 or the IEPA wish to respond, or do you have closing

5 statements?

6 MS. JOHNSON: Can I have second?

7 HEARING OFFICER FRANK: Sure. Off the

8 record.

9 (Whereupon a short recess was

10 taken.)

11 MS. JOHNSON: One of my

affiants, Steve

12 Smith, has a response to make.

13 HEARING OFFICER FRANK: Okay. We need to

14 get him sworn in then.

15 (Whereupon the witness was

16 sworn by the Notary Public.)

17 S T E V E N C. S M I T H, P. E.,

18 having been first duly sworn by the Notary Public,

19 saith as follows:

20 MR. SMITH: I guess my comment, just with

21 the public comments, is with respect to the dates

22 of compliance. Nancy had said earlier that as of

23 today we are in compliance with all prevailing

24 regulations that apply to this facility. Last year

KEEFE REPORTING COMPANY

Belleville, Illinois

1 we sought and were granted a variance from the date

2 of actual submission, which was September of 1995

3 to a date of September of 1996. The Agency

4 typically takes a year to two years to review such

5 an application. That is a pretty typical track

6 record.

7 We have documented in our information

8 submitted that we are right on that track record.

9 The date of compliance that we needed a permit by

10 to meet the new regulations is actually September

11 11th of 1997, not the four years or eight years

12 that has been calculated. So, therefore, we would

13 be seeking a variance of an additional year. That

14 would be the window that we are sliding or trying

15 to vary or

variate off of that date.

16 HEARING OFFICER FRANK: Okay. Is there

17 anything further?

18 MS. JOHNSON: Could we also swear Mr.

19 Paraskevas?

20 HEARING OFFICER FRANK: Okay.

21 (Whereupon the witness was

22 sworn by the Notary Public.)

23 W I L

L I A M G. P A R A S K E V A S, P. E.,

24 having been first duly sworn by the Notary Public,

KEEFE REPORTING COMPANY

Belleville, Illinois

1 saith as follows:

2 MR. PARASKEVAS: There is a statement by

3 Mr.

Underhill that I wanted to address that alleges

4 that the discharge of contaminants during the

5 requested variance period is not addressed in the

6 petition, and alleging that this discharge of

7 contaminants creates potential environmental

8 problems and affects the public. I take exception

9 to that because the landfill is in compliance with

10 the standards that apply to its operation.

11 The discharge of contaminants was not

12 even brought up in any of the testimony that was

13 given earlier. The operation of the landfill

14 occurs several thousand feet away from the area in

15 question related to the drainage problems which are

16 in the process of ongoing negotiations with the

17 Illinois Landfill and Mr.

Regan's operation. So I

18 feel that the allegation of discharge of

19 contaminants has not been verified or is not

20 correct for this particular situation.

21 HEARING OFFICER FRANK: Okay. Is there

22 anything further from any of the witnesses?

23 MS. JOHNSON: I would just like to state

24 that the issues that have been raised by the

KEEFE REPORTING COMPANY

Belleville, Illinois

1 objectors, it is

ILI's position that those issues

2 are not relevant to the petition for variance and

3 do not go to the issues regarding the petition for

4 variance, and once again we ask the petition for

5 variance be allowed.

6 HEARING OFFICER FRANK: Thank you.

7 Okay. Mr.

Scherschligt?

8 MR. SCHERSCHLIGT: The Agency has no

9 response.

10 HEARING OFFICER FRANK: Mr.

Underhill,

11 did you have anything further?

12 MR. UNDERHILL: Just briefly, with regard

13 to what Ms. Johnson said concerning the relevance

14 of this matter, concerning the relevance of the

15 public testimony. I think the law is that when

16 deciding whether to grant or deny a variance

17 requested, the Board is required to balance the

18 hardship of continued compliance against the

19 adverse impact the variance will have on the

20 environment and the public.

21 So I feel the evidence that we have

22 presented today is relevant with regard to the

23 impact on the public and the environment. I think

24 under the prevailing law that testimony would be

KEEFE REPORTING COMPANY

Belleville, Illinois

1 something for the Board to consider. Thank you.

2 HEARING OFFICER FRANK: Is there anything

3 further from anyone else? Okay. At this time then

4 I will declare the hearing adjourned.

5 Before we do that, does anyone wish to

6 submit anything else in writing? Are either side

7 planning on writing a brief?

8 MR. SCHERSCHLIGT: We will not be

9 submitting a brief unless the petitioner chooses

10 to.

11 MS. JOHNSON: We won't be submitting a

12 brief.

13 HEARING OFFICER FRANK: Mr.

Underhill?

14 MR. UNDERHILL: No, we will stand on what

15 we submitted already.

16 HEARING OFFICER FRANK: Then there will

17 be no public comment period scheduled in this

18 case. The record will be considered closed as of

19 the end of this hearing. Thank you all for

20 coming.

KEEFE REPORTING COMPANY

Belleville, Illinois

1 STATE OF ILLINOIS )

) SS

2 COUNTY OF MONTGOMERY)

4 C E R T I F I C A T E

6 I, DARLENE M. NIEMEYER, a Notary Public

7 in and for the County of Montgomery, State of

8 Illinois, DO HEREBY CERTIFY that the foregoing 28

9 pages comprise a true, complete and correct

10 transcript of the proceedings held on the 25th of

11 July

A.D., 1997, at Vermillion County Courthouse,

12 Annex, Danville, Illinois, in the case of Illinois

13 Landfill, Inc. v. Illinois Environmental Protection

14 Agency, in proceedings held before the Honorable

15 Deborah L. Frank, Hearing Officer, and recorded in

16 machine shorthand by me.

17 IN WITNESS WHEREOF I have hereunto set my

18 hand and affixed my

Notarial Seal this 29th day of

19 July

A.D., 1997.

Notary Public and

22 Certified Shorthand Reporter and

Registered Professional Reporter

CSR License No. 084-003677

24 My Commission Expires: 03-02-99

KEEFE REPORTING COMPANY

Belleville, Illinois