1 BEFORE THE ILLINOIS POLLUTION CONTROL BOARD

4 SALINE COUNTY

5 LANDFILL, INC.,

6 Petitioner,

7 vs. No. PCB 02-108

8 ILLINOIS ENVIRONMENTAL

9 PROTECTION AGENCY,

10 Respondent.

14 Proceedings held on April 16, 2002 at 10:00 a.m., at the

15 Illinois Pollution Control Board, 600 South Second Street, Suite

16 403, Springfield, Illinois, before Hearing Officer Steven C.

17 Langhoff.

21 Reported by: Darlene M. Niemeyer, CSR, RPR

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1 A P P E A R A N C E S

3 (No appearances by counsel.)

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1 P R O C E E D I N G S

2 (April 16, 2002; 10:00 a.m.)

3 HEARING OFFICER LANGHOFF: Good morning. My name is Steven

4 Langhoff, and I am the Pollution Control Board Hearing Officer

5 who is assigned to this matter and will be holding the hearing.

6 This is PCB 02-108, Saline County Landfill, Inc., versus the

7 Illinois Environmental Protection Agency. For the record, it is

8 Tuesday, April 16th, 2002, and it is 10:00 a.m.

9 On February 4th of 2002, Saline County Landfill filed a

10 petition for the review of an Illinois Environmental Protection

11 Agency, Agency, determination. The Agency denied the application

12 for a significant modification regarding the Saline County

13 Landfill's facility, located approximately five miles southeast

14 of Harrisburg in Saline County.

15 On February 7th, 2002, the Board accepted Saline County

16 Landfill's petition for review. The Board also granted Saline

17 County Landfill's request for an expedited review.

18 The statutory decision deadline in this matter is June 4th

19 of 2002. The Board meeting immediately preceding the statutory

20 decision deadline is scheduled for May 16th of 2002.

21 Due to the expedited nature of this matter, on March 12th

22 of 2002, the Hearing Officer set this hearing, scheduled for

23 today, Tuesday, April 16th of 2002. On March 14th of 2002, the

24 Saline County Landfill filed a motion for summary judgment.

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1 On March 25th of 2002, the County of Saline filed a motion

2 to intervene in this matter. The County of Saline represented

3 that it is in support of the position of the Illinois

4 Environmental Protection Agency.

5 On April 2nd of 2002, the Hearing Officer notified the

6 parties, including the would be intervenor, the County of Saline,

7 that today's hearing would be continued on the record today until

8 Tuesday, April 23rd, 2002, at 10:00 a.m. The Board also noticed

9 this continuance on the Board's calendar located on the Board's

10 web site.

11 The rationale for this decision is that a Board decision on

12 the outstanding motion for summary judgment, the motion for

13 intervention, and several other outstanding motions is expected

14 to be entered by the Board at the Board's April 18th of 2002

15 Board meeting. The Board's decision may moot the issues in this

16 matter entirely or refine the issues that need to be addressed by

17 the parties at hearing.

18 The Hearing Officer will notify the parties and the would

19 be intervenor of the Board's anticipated April 18th of 2002

20 decision as soon as possible. I intend to fax a copy of the

21 Board order as soon as it is available and also notify the

22 parties and the County of Saline of the substance of the Board

23 order by telephone.

24 The Hearing Officer notes that the parties have been

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1 engaged in discovery and are scheduled to participate in a

2 telephone status conference later today to exchange witness lists

3 and possible evidence that may be introduced at hearing.

4 I also note that due to a scheduling conflict with this

5 hearing room, the hearing will be held in the Board's Library,

6 which is the room next door.

7 For the reasons stated earlier, this hearing is continued

8 on the record until Tuesday, April 23rd, 2002, at 10:00 a.m. The

9 hearing will be held here in the Board's offices, located at 600

10 South Second Street, Suite 402, in the Board's Library Room,

11 Springfield, Illinois. Thank you.

12 (Whereupon, the proceedings concluded at

13 approximately 10:10 a.m.)

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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

5 I, DARLENE M. NIEMEYER, a Notary Public in and for the

6 County of Montgomery, State of Illinois, DO HEREBY CERTIFY that

7 the foregoing 5 pages comprise a true, complete and correct

8 transcript of the proceedings held on the 16th of April A.D.,

9 2002, at 600 South Second Street, Suite 403, Springfield,

10 Illinois, in the case of Saline County Landfill, Inc., versus the

11 Illinois Environmental Protection Agency, in proceedings held

12 before Hearing Officer Steven C. Langhoff, and recorded in

13 machine shorthand by me.

14 IN WITNESS WHEREOF I have hereunto set my hand and affixed

15 my Notarial Seal this 16th day of April A.D., 2002.

Notary Public and

21 Certified Shorthand Reporter and

Registered Professional Reporter

CSR License No. 084-003677

23 My Commission Expires: 03-02-2003

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