1 BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
    2
    3
    4 IN THE MATTER OF:
    5
    6 MUNICIPAL SOLID WASTE
    7 LANDFILL (MSWLF) RULES:
    8 AMENDMENTS TO 35 ILL. ADM. CODE R98-009
    9 811, 813 AND 848
    10
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    12
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    14 Proceedings held on March 25, 1998, at 10:30 a.m.,
    15 at 600 South Second Street, Third Floor Conference
    16 Room, Springfield, Illinois, before the Honorable
    17 Marie Tipsord, Hearing Officer.
    18
    19
    20
    21 Reported by: Darlene M. Niemeyer, CSR, RPR
    CSR License No.: 084-003677
    22
    23
    KEEFE REPORTING COMPANY
    24 11 North 44th Street
    Belleville, IL 62226
    25 (618) 277-0190
    1
    KEEFE REPORTING COMPANY
    Belleville, Illinois
    1 A P P E A R A N C E S
    2
    Board Member G. Tanner Girard, Ph.D.
    3
    Hearing Officer Marie Tipsord
    4
    Cynthia Ervin, Attorney to Chairman Claire A. Manning
    5
    Hearing Officer Amy Jackson
    6
    7 ILLINOIS ENVIRONMENTAL PROTECTION AGENCY
    BY: Judith Dyer, Esq.
    8 Assistant Counsel
    2200 Churchill Road
    9 Springfield, Illinois 62794-9276
    On behalf of the Illinois EPA.
    10
    WEBBER & THIES, P.C.
    11 BY: Philip R. Van Ness, Esq.
    202 Lincoln Square
    12 Urbana, Illinois 61803
    On behalf of the National Solid Waste
    13 Management Association.
    14
    15 Also present:
    16 Thomas A. Hilbert
    17 Joyce Munie
    18 Kenneth Liss
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    KEEFE REPORTING COMPANY
    Belleville, Illinois
    1 P R O C E E D I N G S
    2 (March 25, 1998; 10:30 a.m.)
    3 HEARING OFFICER TIPSORD: Good morning. My name is
    4 Marie Tipsord and I am the Hearing Officer in this
    5 proceeding entitled, In the Matter of Municipal Solid
    6 Waste Landfill Rules: Amendments to 35 Illinois
    7 Administrative Code 811, 813 and 848, Board docket
    8 number R98-9. Also with me today to my immediate left
    9 is Board Member Dr. Tanner Girard. To my immediate
    10 right is Cynthia Ervin, Assistant to Chairman Manning,
    11 and to her right is Amy Jackson, Hearing Officer with
    12 the Board.
    13 This proposal was filed with the Board on August
    14 11, 1997 by joint proponents, the Illinois
    15 Environmental Protection Agency and the National Solid
    16 Waste Management Association. The Board accepted the
    17 proposal on August 27th, 1997, and has held two
    18 hearings on the proposal. The first hearing was held
    19 on October 27, 1997, and the second on November 19,
    20 1997. On February 5, 1998, the Board proceeded to
    21 first notice with the rulemaking. The first notice
    22 was published on February 27, 1998 in the Illinois
    23 Register.
    24 The primary purpose for today's hearing is to
    25 fulfill the requirements of Public Act 90-489 which
    3
    KEEFE REPORTING COMPANY
    Belleville, Illinois
    1 requires the Board to notify the Illinois Department
    2 of Commerce and Community Affairs of proposed rules.
    3 Public Act 90-489 directs the Board to request that
    4 the Department of Commerce and Community Affairs
    5 perform an Economic Impact Study of the proposed rules
    6 or inform the Board of its explanation for not
    7 proceeding with such studies as allowed under the
    8 Act.
    9 The Board notified the Department of Commerce and
    10 Community Affairs on January 28, 1998 of this
    11 rulemaking, and the Board is relying on a letter of
    12 January 26, 1998 from the Department of Commerce and
    13 Community Affairs as DCCA's response regarding an
    14 Economic Impact Study.
    15 We will also hear any testimony anyone wishes to
    16 offer regarding the first notice rulemaking proposal.
    17 At this time I will ask if anyone wishes to comment on
    18 DCCA's January 26, 1998 letter?
    19 Okay. Seeing none, would you like to introduce
    20 yourselves for the record?
    21 MR. VAN NESS: My name is Phillip Van Ness with
    22 Webber & Thies, P.C., of Urbana, Illinois. I am
    23 counsel for the National Solid Waste Management
    24 Association, one of the proponents in this
    25 proceeding.
    4
    KEEFE REPORTING COMPANY
    Belleville, Illinois
    1 MR. HILBERT: My name is Tom Hilbert. I work with
    2 Winnebago Reclamation Service. I am here representing
    3 the National Solid Waste Management Association.
    4 MR. LISS: My name is Kenneth Liss, L-I-S-S. I am
    5 with the Illinois EPA.
    6 MS. DYER: My name is Judy Dyer. I am here today
    7 as counsel for the Illinois EPA.
    8 MS. MUNIE: Joyce Munie with the Illinois EPA.
    9 HEARING OFFICER TIPSORD: Thank you. Does anyone
    10 wish to testify today?
    11 MR. VAN NESS: No.
    12 MR. LISS: No.
    13 MS. DYER: No.
    14 HEARING OFFICER TIPSORD: Seeing none at this
    15 time, we will go off the record and wait a few minutes
    16 and make sure no one else comes in and then we will
    17 close up.
    18 (Whereupon a short recess was taken.)
    19 HEARING OFFICER TIPSORD: All right. We will go
    20 back on the record.
    21 Seeing that no one wishes to testify today, we
    22 will proceed with some administrative matters. The
    23 first notice period for this rulemaking will expire on
    24 April 13th, 1998. I will direct that all comments be
    25 filed by April 13, 1998, and we will close the record
    5
    KEEFE REPORTING COMPANY
    Belleville, Illinois
    1 as of that date.
    2 I want to thank all of you for coming today. I
    3 want to thank all of you for your support and
    4 testimony at the previous hearings. It has been real
    5 helpful to the Board in making its decision. We
    6 hopefully will proceed as expeditiously as possible
    7 with this rulemaking. Thank you again and the hearing
    8 is adjourned.
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    KEEFE REPORTING COMPANY
    Belleville, Illinois
    1 STATE OF ILLINOIS )
    ) SS
    2 COUNTY OF MONTGOMERY)
    3
    4 C E R T I F I C A T E
    5
    6 I, DARLENE M. NIEMEYER, a Notary Public in and for
    7 the County of Montgomery, State of Illinois, DO HEREBY
    8 CERTIFY that the foregoing 6 pages comprise a true,
    9 complete and correct transcript of the proceedings
    10 held on the 25th of March A.D., 1998, at 600 South
    11 Second Street, Springfield, Illinois, In the Matter of
    12 Municipal Solid Waste Landfill Rules, Amendments to 35
    13 Ill. Adm. Code 811, 813, and 848, in proceedings held
    14 before the Honorable Marie Tipsord, Hearing Officer,
    15 and recorded in machine shorthand by me.
    16 IN WITNESS WHEREOF I have hereunto set my hand and
    17 affixed my Notarial Seal this 27th day of March A.D.,
    18 1998.
    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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    7
    KEEFE REPORTING COMPANY
    Belleville, Illinois

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