649
1
BEFORE THE POLLUTION CONTROL
2
STATE OF ILLINOIS
DEC 23
1996
3
STATE OF ILLINOIS
POLLUTION CONTROL BOARD
4
5
PEOPLE OF THE STATE
OF ILLINOIS,
6
Claimant,
7
-vs-
NO. PCB 96-107
8
(Enforcement)
ESO WATTS,
INC.,
9
Respondent.
10
11
12
13
14
15
16
Hearing
held,
pursuant
to Notice,
on the 12th day
17
of December,
1996,
at the hour
of
8:00
a.m.,
at
600
18
South Second Street,
Springfield,
Illinois,
before
19
Ms. Deborah
L.
Frank,
duly appointed Hearing Officer.
20
21
22
23
TRANSCRIPT
OF PROCEEDINGS
24
CAPITOL REPORTING
SERVICE,
INC.
SPRINGFIELD,
ILLINOIS
217-525-6167
650
1
APPEARANCES:
2
MR.
THOMAS
DAVIS
Chief,
Environmental
Bureau,
and
3
MS. AMY SYMONS—JACKSON
Assistants Attorney General
4
Environmental
Bureau
500 South Second Street
5
Springfield,
Illinois
62706
6
on behalf
of
the Claimant;
7
SORLING,
NORTHRUP,
HANNA,
CULLEN
& COCHRAN,
by
B
MR.
CHARLES
J.
NORTHRUP
Attorney
at Law
9
Suite
800
607
East Adams
Street
10
Springfield,
Illinois
11
on behalf
of
the Respondent.
12
ALSO PRESENT:
13
MS. MICHELLE
M.
RYAN
Assistant
Counsel
14
Waste
Enforcement
Division
of Legal
Counsel
15
Illinois Environmental
Protection Agency
2200 Churchill
Road
16
Springfield,
Illinois
17
18
INDEX
WITNESSES
PAGE
19
Steve Grothus
Direct Examination
by Mr. Northrup
653
20
Cross-Examination
by Ms. Symons-Jackson
688
Redirect Examination by Mr. Northrup
742
21
Recross-Examination
by Ms. Symons-Jackson
758
22
Thomas
A.
Jones
Direct Examination
by Mr. Northrup
760
23
Cross-Examination
by Ms. Symons-Jackson
833
Redirect Examination
by Mr. Northrup
886
24
Recross-Examination
by Ms. Symons-Jackson
892
CAPITOL REPORTING SERVICE,
INC.
SPRINGFIELD,
ILLINOIS
217-525-6167
65.
John Reiser
Direct Examination
by Mr. Northrup
Cross-Examination
by Mr.
Davis
Kenneth Liss
(recalled)
Direct Examination
by Ms. Symons-Jackson
Cross-Examination
by Mr. Northrup
Joyce
Munie
Direct Examination
by Mr.
Davis
Cross-Examination
by Mr. Northrup
Redirect Examination
by Mr.
Davis
Recross-Examination
by Mr. Northrup
Redirect Examination
by Mr.
Davis
Joe Whitley
(recalled)
Direct Examination
by Mr. Davis
Cross-Examination
by Mr. Northrup
Steve Grothus
(recalled)
Direct Examination
by Mr. Northrup
Cross-Examination
by Mr.
Davis
Redirect Examination by Mr. Northrup
EXHIBITS
___________
People’s
Exhibit
No.
4
People’s Exhibit
No.
68
People’s Exhibit
No.
69
People’s Exhibit
No.
70
CAPITOL REPORTING
SERVICE,
INC.
SPRINGFIELD,
ILLINOIS
217-525-6167
INDEX
(cont’d)
WITNESSES
PAGE
894
905
908
917
923
932
934
936
939
940
948
953
955
958
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
IDENTIFIED
ADMITTED
Respondent’ s
Respondent’ s
Respondent’ s
Respondent’ s
Respondent’ s
Respondent’ s
Respondent’s
Respondent’ 5
Exhibit
No.
Exhibit
No.
Exhibit
No.
Exhibit
No.
Exhibit
No.
Exhibit
No.
Exhibit
No.
Exhibit
No.
716
860
907
927
795
665
685
775
782
788
785
802
5
6
7
8
9
10
11
12
716
877
908
928
687
780
783
789
786
804
652
1
HEARING OFFICER FRANK:
Let’s
go back
on the
2
record.
This
is a continuation
of People
of the State
3
of
Illinois versus ESG Watts,
Inc.,
PCB 96-107.
4
Mr.
Northrup,
can you go ahead and call your
first
5
witness?
6
MR.
NORTHRUP:
Sure.
Actually,
at least
one
7
preliminary
matter.
8
HEARING OFFICER FRANK:
Okay.
9
MR.
NORTHRUP:
Have you ruled
--
remember,
I
10
filed
a motion about
the Lieutenant
Chisholm
of the
11
Rock Island County Sheriff’s
Department.
Have you
12
made any ruling on that?
13
HEARING OFFICER
FRANK:
My ruling would
be
14
that we are not going
to continue
this hearing
or
15
extend
it
for purposes of receiving
that testimony.
16
If
for some other
reason we need another day of
17
testimony,
which
I am not anticipating,
then
I would
18
be willing
to discuss
doing
that
in Rock
Island.
But
19
if
we conclude
at the end of
today,
then we are done,
20
and since
he
is not here,
he will not have the
21
opportunity
to testify.
22
MR.
DAVIS:
You received our response
to the
23
motion?
24
HEARING OFFICER
FRANK:
Yes,
I
did,
thank
CAPITOL REPORTING
SERVICE,
INC.
SPRINGFIELD,
ILLINOIS
217-525-?167
653
1
you.
2
Okay.
So do you want
to go ahead and call your
3
first witness?
4
MR.
NORTHRUP:
Yeah.
I call Steve Grothus.
5
STEVE GROTHUS
6
called
as
a witness herein,
having been first
duly
7
sworn,
was examined and testified
as follows:
8
DIRECT EXAMINATION
BY
9
MR. NORTHRUP:
10
Q.
Why don’t you go ahead
and state your name
11
for the record?
12
A.
Steve Grothus.
13
Q.
And are you currently employed?
14
A.
Yes,
with ESG Watts.
15
Q.
Okay.
What
do you do at ESG Watts?
16
A.
I’m
a project manager
for the Landfill
17
Division.
18
Q.
Okay.
What exactly does
that mean?
What are
19
some of your duties
as
a project
manager?
20
A.
Duties,
take care
of customer contacts
as far
21
as
sales,
things
like that.
I also manage
22
construction projects and special
waste projects,
23
remediation
projects
for our company.
24
Q.
What
do you mean construction projects?
What
CAPITOL REPORTING
SERVICE,
INC.
SPRINGFIELD,
ILLINOIS
217-525- 6167
654
1
do you mean by
that?
2
A.
Landfill construction
projects,
specific
to
3
permits probably,
or complying
with permits
or what
4
have
you,
things like that.
5
Q.
So you’re generally
familiar with
the permits
6
that have been issued
for the Taylor Ridge
Landfill?
7
A.
Most
of
them,
yes.
8
Q.
How long have you been
at ESG Watts?
9
A.
I
started
in 1983
in the fall.
10
Q.
Describe
for me
some
of your
--
your
11
educational
background.
12
A.
High
school
degree.
I have
a college degree
13
in economics and business administration
from
St.
14
Ambrose University.
15
Q.
Where’s
that?
16
A.
Davenport,
Iowa.
17
Q.
Where did you go to high
school
at?
18
A.
Assumption
High School.
19
Q.
Where’s
that?
20
A.
Davenport,
Iowa.
21
Q.
Do you have any other
formal education?
22
A.
Worked
a little bit on my MBA.
I’ve
23
completed
the CHMM testing and passed proficiency,
24
Certified Hazardous
Materials
Manager.
CAPITOL REPORTING
SERVICE,
INC.
SPRINGFIELD,
ILLINOIS
217-525-6167
So you do have that license?
It’s not
a license.
You are a CHMM?
It’s
just
a
certification
of competency
in the field.
What are some of the things
that
--
strike
Do you have
to take
a test
to become
certified?
Yes
What
are some
of
the things
you on?
A.
areas
in
it
Q.
A.
I think there’s probably
38
Just generally
different
Everything
from
the Code
of Federal
Regulations,
29 CFR,
49 CFR,
40
CFR,
OSHA,
SARA,
CERCLA,
TSCA
Q.
A.
Is
that something
that
--
Just
all types
of
--
it’s
a
of
the industry
0.
A.
Q.
And again,
what
industry
is
topic
general
knowledge
that?
The hazardous materials
industry.
Is there any kind
of continuing
certification
that you have
to
-
A.
0.
Yes,
there
is.
What’s that?
CAPITOL REPORTING SERVICE,
INC.
Q.
A.
655
1
2
3
4
5
6
7
8
Q.
that
A.
0.
9
that they
test
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
SPRINGFIELD,
ILLINOIS
217-525-6167
656
1
A.
You have
to create
--
complete
so many
--
I
2
forget
what they’re called
--
credit
hours
and
3
competency
hours
to maintain
it over
a period
of three
4
years.
It’s like,
I think,
12 hours
or 15.
They
S
issue you credits
on
things,
classes that you take,
6
things
that you do,
things
like that.
7
Q.
Okay.
Have you kept
up with that?
8
A.
I’m lacking
in it.
I
think
I have
like
four
9
or five more credits
to obtain,
but
I have
like
10
another year
to get
it.
11
Q.
You’re
still
a certified
CHMM?
12
A.
Yeah,
yes.
13
Q.
Let me show you what’s already been marked
as
14
People’s Exhibit Number
5.
Why don’t
you take
a look
15
at the third
or fourth page
on there.
16
A.
The map?
17
Q.
Yeah.
Take
a look
at the map.
18
A.
Okay.
19
Q.
Now,
that map shows
two ponds?
20
A.
Uh-huh.
22.
Q.
What
are those referred to as
on there?
22
A.
Whitley’s
pond and a landfill pond.
23
0.
Okay.
Are you familiar with both
of
those
24
ponds?
CAPITOL REPORTING
SERVICE,
INC.
SPRINGFIELD,
ILLINOIS
217-525 -6167
657
1
A.
Yes.
2
Q.
Does
the landfill pond
still
exist?
3
A.
No.
4
Q.
What happened to that pond?
5
A.
That was due
to construction
activities
as we
6
moved
from
--
the face
of the fill from the northwest
7
to the northeast,
It’s created when you expand
8
through.
9
Q.
Now,
if
I use the term the Whitley retention
10
pond,
do you understand
what
I’m talking about?
11
A.
Yes.
12
Q.
Is that
the Whitley retention
pond?
13
A.
No,
it’s not.
14
Q.
I
should say when
I use that
term Whitley
15
retention pond,
what
do you understand
that
to mean?
16
A.
That’s
a pond area
--
or
it’s not
--
well,
17
yeah,
I guess
it is.
You’d
call
it
a little pond area
18
that was created by him putting
a berm across his
19
property
to cut off water that was entering
the
20
Whitley
lake or Whitley
pond.
21
Q.
Do you know when that was created?
22
A.
I
believe
sometime around
1989.
23
Q.
What happened
to the water
in that landfill
24
pond?
CAPITOL REPORTING
SERVICE,
INC.
SPRINGFIELD,
ILLINOIS
217-525-6167
658
1
A.
It either moved
to the east
or possibly
could
2
have been discharged
out.
I’m not
--
where
that pond
3
is now it’s landfill actually
today.
I mean it’s
a
4
hill
now.
5
Q.
Let
me
show you what’s
been marked
as
6
People’s Exhibit
6
7
A.
Uh-huh.
It’s
a NPDES
permit.
8
Q.
Are you familiar with
that permit?
9
A.
Relatively
speaking,
yeah.
I didn’t prepare
10
it
or anything.
11
Q.
Now,
on the second page
of
at least my copy
12
there
are references
to discharge
number and name?
13
A.
Right
14
Q.
And it’s got 001?
15
A.
Uh-huh.
16
Q.
Ponded
storm water
on north side
of
the
17
landfill?
18
A.
Correct
19
Q.
What
is your understanding
of what
that
20
ponded
storm water
is?
21
A.
Those
are ponds
that were created
as
we,
like
22
I
say,
as we excavated
from the northwest
to the
23
northeast,
You have
to dig out down
to your bottom
24
elevation,
and as you do that,
you’re usually like
CAPITOL REPORTING
SERVICE,
INC.
SPRINGFIELD,
ILLINOIS
217- 525-6167
659
1
maybe three
or
four,
maybe
even six months ahead
of
2
your landfilling
activities,
and as you do
that,
as
3
precipitation
comes
in the landfill,
ponds are
4
created.
And
in order
to remove
the water
to move
5
into those areas,
you have
to pump
it
out.
6
Q.
Okay.
7
A.
And
in order to do that,
you need
a NPDES
8
permit
to do that.
9
Q.
Would
you
from
time
to
time
pump
water
out
of
10
those ponds?
11
A.
Yes,
we would.
12
Q.
where did you pump
that water
to?
13
A.
To what’s designated
as discharge
point
001.
14
Q.
And what
is
that?
Where
is it?
15
A.
It’s a natural
ravine more northeast
than
16
northwest.
I guess you would refer
to where
Siebke’s
17
property
comes
up,
the ravine
at
Siebke’s property.
18
Wayne
Siebke to the north of
us.
19
Q.
When was the last time you pumped water
from
20
-
-
you pumped ponded storm water?
21
A.
Correct.
22
Q.
When was that the last time?
23
A.
Oh,
let me
see.
It would have been
last
24
summer after
receiving
a
--
what
we
referred
to
as
a
CAPITOL
REPORTING
SERVICE,
INC.
SPRINGFIELD,
ILLINOIS
217-525-
6167
660
1
nonwaste
disposal
permit
area,
an
area
that
defines
2
where
we
did
not
have
garbage
in
by
October
9
of
‘93.
3
Q.
Describe
for me that
area.
4
A.
It’s
on
the
northeast
corner
of
the
landfill,
S
not
necessarily
the
corner
but
in
approximately
150
6
feet
from
the
north
boundary
lines
in
the
northeast
7
corner
and
approximately
100
feet
to
the
east
of
the
8
east boundary
of the garbage area
or the landfill
area
9
in
there.
It
was
a
big
depression
with
garbage
all
10
the
way
around
it.
11
Q.
Other than that nonwaste disposal
area,
when
12
was
the
last
time
you
pumped
ponded
storm
water
13
pursuant
to
this
permit?
14
A.
After
we
put
that
in
or
before?
I
don’t
I
15
guess
--
16
Q.
Yeah.
Before
the
nonwaste
disposal
area
was
17
there.
18
A.
Oh,
we
pumped
routinely
through
the
years
all
19
along
there.
It
wasn’t
necessarily
that
area.
But
20
for this permit
we pumped
routinely
as we moved across
21
it
all
the
time.
Not
all
the
time
but
when
we
needed
22
to.
23
Q.
When did you need to pump?
24
A.
Usually when
the water got to an excessive
CAPITOL
REPORTING
SERVICE,
INC.
SPRINGFIELD,
ILLINOIS
217-525
-6167
661
1
level
where
you
couldn’t
operate
or
we
were
ready
to
2
move
into
that
area.
You know,
it was
at our
3
discretion when we pumped,
so we pumped when
it was
4
advantageous
to
us
to
pump
or
--
yeah,
I
guess
that
--
5
whenever
we
needed
to.
6
Q.
Is
it your understanding
that
this permit
7
that
allows
you
to
discharge
ponded
storm
water
would
8
apply
to
the
Whitley
retention
pond?
9
A.
No.
I
wouldn’t
consider
that
at
all.
10
Q.
Now,
you
indicated
you
were
familiar
with
11
what
I’ve
referred
to
as
the
Whitley
retention
pond.
12
A.
Correct.
13
Q.
How
are
you
familiar
with
that?
14
A.
That
was
a
depression
on
the
northwest
corner
15
of
the
landfill
that
was
created
presumably
to
cut
off
16
water
that
was
coming
from
all
those
areas,
the
Watts
17
landfill,
possibly
even
to
the
west
on
Whitley’s
18
property.
That’s
a
ravine
area
that
water
from
all
19
that
area
goes
into
one
area.
Years
and
years
ago
20
that was a natural
ravine
that went
through
there.
21
Q.
Describe
that
area for me.
22
A.
It’s hilly.
Prior
to us excavating
through
23
there,
there
was
a natural
depression
ran all the way
24
up
there
from
the
north
to
the
south
or
south
to
the
CAPITOL
REPORTING
SERVICE,
INC.
SPRINGFIELD,
ILLINOIS
217-525-6167
662
1
north,
however
you
want
to
put
it,
and
as
we
went
2
through there and landfilled,
that ravine obviously
3
was taken
out,
liner put
in,
and garbage brought
up.
4
And
in
doing
that,
like
I
said,
about
1989,
in
order
5
to
cut
off
water
that
was
running
down
off
the
site,
6
Mr.
Whitley
put
a
berm
across
there,
whatever
you
want
7
to
call
it,
and
obviously
backed
up
water
right
there.
8
Q.
Have
you
ever
dredged
the
Whitley
retention
9
pond?
10
A.
Yes.
11
Q.
How
many
times?
12
A.
Personally
I was involved with one incident,
13
but
I
know
prior
to
that
it
was
dredged,
I
don’t
know,
14
eight,
ten
times
maybe.
15
Q.
Do
you
have
any
idea
when
it
was
dredged?
16
A.
No.
17
Q.
Do
you
know
why
it
was
dredged?
18
A.
To
keep
the
siltation
out
of
it,
to
keep
the
19
water
level
down
on
it
to
reduce
water
from
--
I guess
20
on
a big rain event
after
he put
it
in,
it went out
21
one
time
and
he
put
it
back
in,
and
then
we
cleaned
it
22
out
a few times after
that,
but the dates
we cleaned
23
it
I don’t
know.
The one time I’m very much familiar
24
with was back
in
‘95.
CAPITOL
REPORTING
SERVICE,
INC.
SPRINGFIELD,
ILLINOIS
217-
525-6167
663
1
Q.
Let’s
talk
about
that
for
a
while.
Do
you
2
know when exactly
in
‘95 you did this dredging?
3
A.
It was around June,
I believe,
we started
it.
4
Q.
And
what
exactly
did
you
do?
5
A.
There
was
some
concern
by
Mr.
Whitley
at
that
6
time
about
it,
and
I
don’t
know
how
I
ended
up
talking
7
to
him,
but
I
did.
I
went
down
there,
met
with
Joe,
8
looked
at
the
situation,
and
said
really
--
we’d
been
9
--
we had been taking some
of the dredgings
and
10
putting
them
behind
us
on
the
hillside.
Obviously
11
that
wasn’t
going
to
work.
So,
what
--
I
took
it
upon
12
myself
to go down there with our 400 excavator.
We
13
completely cleaned that entire
area out.
14
Q.
What’s
a
400
excavator?
15
A.
It’s
a
hundred
ton
track
hoe
excavating
16
machine.
It’s
the
biggest
piece
of
equipment
we
got
17
to
dig
with.
We
went
down
and
completely
cleaned
out
18
all
the
siltation,
everything
that
had
accumulated
19
behind
that dike right up against his dike,
I guess
20
you call
it.
We hauled
all
of that out,
40,
50,
60
21
truckloads
of
it,
put
it
near
the
active
area
of
where
22
we were landfilling
at that time.
It was fairly dry
23
and we wanted
to dry
it
out.
Then
I brought
in a
24
combination
of blue clays and whatever
we were digging
CAPITOL
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217-525-
6167
664
1
at
that
time,
brought
it
back
into
that
area.
We
2
brought
that area
up approximately
level with Mr.
3
Whitley’s
dike,
I
guess
you’d
call
it.
4
He
was
concerned
about
the
fence
that
he
lost.
We
5
understood
that
he
lost
two
fences
that
he
put
in
6
there.
And
the
way
it
was
being
handled
at
that
time
7
wasn’t
the
right
way,
I
didn’t
feel,
so
I
went
down
8
and
talked
with
him.
We
struck
a
line
where
we
felt
9
the
property
line
was,
brought
in
blue
clay,
10
recompacted
it
up,
set
a
brand
new
fence
in
there
for
11
him.
12
After
that,
it
was
obvious
that
if
a
diversion
13
wasn’t
built,
we
were
going
to
have
the
same
problem
14
we
had
before.
So
instead
of
where
they
had
the
15
diversion
at
that
time,
which
was
too
low
to
divert
16
the
water,
we
brought
a
diversion
up
about
maybe
40
or
17
50
feet
above
that
fence
area
and
started
a
diversion
18
across,
running
from
west
to
east
so
the
water
that
19
did hit that
area hopefully would have entered the
20
area
of the
001 discharge or
in that general
vicinity.
21
Reduce the amount
of water that was going
in there
is
22
what we tried
to do.
23
Q.
Has
that
diversion
been
successful?
24
A.
Yeah,
it
has
I
think.
Relatively
speaking.
CAPITOL
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1
I
mean
obviously,
there’s
still
water
from
where
the
2
diversion
is and below going into
there,
but
I don’t
3
think
it’s
--
it’s
not
nearly
as
bad
as
it
was,
no.
4
Q.
Where
does
the
water
get
diverted
to?
5
A.
It
gets
diverted
to
the
east.
6
Q.
Now,
let
me
show
you
what
I
have
not
marked
7
but
I’ll
refer
to
it
as
Respondent’s
Exhibit
6.
They
8
are
three
photographs
that
the
Attorney
General
has
9
not
seen.
10
MS.
SYMONS-JACKSON:
I
was
going
to
say
we’ve
11
not
seen
those
photographs.
12
Ms.
Hearing
Officer,
I
would
just
like
to
make
a
13
statement
for the record.
I believe
the production
of
14
these
photographs
at
this
point
in
time
is
clearly
an
15
abuse
of
the
discovery
process.
These
were
not
16
previously
provided
to
the
Attorney
General’s
office,
17
and the dates
on the back
of the photographs,
at least
18
on one of
them,
indicates
August
23,
1995.
These
have
19
been
in
the
possession
of
ESG
Watts
since
at
least
20
that
time and have not been produced
to the Attorney
21
General’s
office,
and we would object
to their use
at
22
this point
in the hearing.
23
MR. NORTHRUP:
Yeah.
My response
is
in their
24
request for documents
they wanted whatever documents
I
CAPITOL
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217-525-6167
666
1
was
intending
to
rely
upon
at
hearing.
At
the
time
I
2
responded
to
that
I had no intention of relying
on
3
these
at hearing.
Since
that time there was testimony
4
by
Mr.
Whitley
that
during
this
dredging
operation
5
they
scooped
up
the
silt
and
put
it
on
the
side
of
the
6
landfill.
They
didn’t
haul
it
away
or
anything.
7
These
pictures
show
that
in
fact
the
silt
was
hauled
8
away.
It
was
not
just
left
there
to
simply
run
back
9
into
his
retention
pond.
So
it’s
kind
of
a
rebuttal
10
type
of
thing.
11
HEARING
OFFICER
PRANK:
Well,
we’ve
had
a
12
month and a half between hearings,
and you have
a duty
13
to supplement
timely,
and
it
seems to me that within
14
that
month
and
a
half
you
could
have
gotten
these
to
15
the Attorney General’s
office.
So
I am not going
to
16
admit
these
exhibits.
17
Q.
What did you do with the silt that was
18
removed
from
the
Whitley
retention
pond?
19
A.
The
silt
went
to
the
east
of
the
--
of that
20
area.
That’s
the northwest
corner
of the landfill.
21
It went approximately
to the northeast
corner of the
22
landfill
in the active working area.
23
Q.
And
how
many
truckloads
do
you
think
you
took
24
out
of there?
CAPITOL
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1
A.
40,
50,
60
maybe.
We
dug
it
clear
down
to
2
where
--
oh,
geez,
we dug
it
--
I
don’t
know
how
deep.
3
That
area
was
approximately
maybe
150,
200
feet
long
4
by
30,
40
feet
wide.
5
Q.
Okay.
Now,
you
testified
that
you
put
blue
6
clay
back
in
that
area.
7
A.
Blue
and
various
other
clays,
right.
8
Q.
Where
did
that
come
from?
9
A.
From
the
borrow
pit
area
to
the
north
of
-
-
10
excuse
me,
to
the
south
of
the
landfill,
not
in
the
11
permitted
landfill
area
but
in
area
we
own
to
the
12
south.
13
Q.
How
long
did
this
whole
process
take
from
14
beginning
to
end?
15
A.
Well,
that
immediate
--
the
removal
and
the
16
blue
clay
was
taken
care
of
in
a
couple,
three
days,
I
17
believe.
It
was
done
right
away.
There
was
other
18
things
done
as
the
summer
months
went
on,
but
the
19
majority
of
it
was
done
then.
20
Q.
Okay.
What
were
some
of those other things
21
that
were
done?
22
A.
Like putting back up the fence,
putting
up
23
the diversion
above that,
water diversion
above
that.
24
We
solved
that
problem
immediately
when
I
saw
it.
And
CAPITOL
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through
the
summer
months
we
took
care
of
other
things
in
that
corner
area.
Q.
What were
some
of those things?
A.
Well,
like
I
say,
the
diversion,
we
seeded
some
areas
down
over
there,
put
up
silt
fencing
over
there,
kind
of
waited
and
seen
to
what
happened,
you
know,
with
the
rainfall
and
that
and
how
it
was
going
to
fill,
things
like
that.
The
majority
of
the
work,
though,
was
done
within
that
three-day
period
of
time.
Q.
Okay.
I want
to focus
on the gas management
system
for
a
while.
Okay.
You
are
aware
that
there’s
a
gas
management
being
installed
at
the
landfill?
Yes.
Are you familiar with the
--
and
that
system
installed
pursuant
to
a
permit?
And
are
you
familiar
with
that
permit?
Yes.
What
involvement
have
you
had
with
the
ion
of
the
gas
management
system?
Overseeing
all
the
construction
activities
Q.
is
being
A.
Yes.
A.
Q.
installat
A.
for
Mr.
Watts
CAPITOL
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1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
A.
Q.
system
A.
669
1
0.
As
a
practical
matter,
what
does
that
mean?
2
A.
To make
sure
a lot of what was in the permit
3
was
complied
with,
more
day-to-day
operational
things
4
than
technical
things,
you
know.
I
have
more
of
a
5
construction
background
than
I
do
a
technical
6
background.
We
wanted
to
ensure
that
things
were
done
7
right.
I
had
never
seen
a
project
like
this
taking
B
place,
so
I was very interested
in seeing how it
9
worked on that
level and also making sure that
if
10
there
was
a
problem,
if
the
drillers
needed
something,
11
you
know,
they
weren’t
from
this
area,
so
if
they
12
needed parts
or whatever,
I was able
to help
them,
13
just basically
do whatever
it took
to help them
14
expedite
the
project.
15
Q.
What
is
your
understanding
of
what
was
to
be
16
done
with
the
spoils
from
the
drilling
operations?
17
A.
Deposit
them
with
the
daily
receipts
of
the
18
active
area.
19
MR.
NORTHRUP:
Do
you
have
the
People’s
20
photographs?
I’m
looking
for
Exhibit
18.
21
HEARING
OFFICER
FRANK:
Yes.
22
Q.
Do
you
recall
--
let
the
record
reflect
23
you’re looking
at
three photographs
which have been
24
previously
marked
as
People’s
Exhibit
18.
Do
you
CAPITOL
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1
recall
when
Mr.
Whitley
testified
about
these
2
photographs?
3
A.
Yes,
I
do.
4
Q.
Is
it your recollection
that
--
is there
any
5
writing
on
the
back
of
these
photographs?
6
A.
Yes,
there
is.
7
Q.
Do
they
indicate
what
date
these
photographs
8
were
taken?
9
A.
September
10th.
All are September
10th.
10
6:55
p.m.
11
HEARING
OFFICER
FRANK:
Of
1996,
correct?
12
A.
Of
1996,
excuse
me.
One’s
at
6:55,
one’s
at
13
7,
and
one
is
at
7:05,
in
that
order
I
guess
it
is.
14
Q.
Were
you
present
at
the
landfill
on
September
15
10th,
1996?
16
A.
Yes.
17
Q.
Were
you
involved
with
activities
related
to
18
the
installation
of
the
gas
system
on
that
date?
19
A.
Yes,
I was.
20
Q.
What
were
you
doing?
21
A.
Overseeing
the
drilling
operations
at
that
22
time.
23
Q.
Tell
me what transpired
from approximately
24
6:50
to 7:30 that
day.
CAPITOL
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1
A.
This
day
they
were
finishing
up
a
hole.
This
2
is
the
northeast
corner
of
the
landfill.
The
first
3
photograph
shows
the
drilling
rig
fully
set
up
with
4
its
mast
up.
As
I
recall,
they
were
just
finishing
up
5
a
hole,
drilling
one
of
these
holes.
6
Q.
Had
they
pulled
spoils?
7
A.
Yes.
8
Q.
Okay.
9
A.
Yes,
they
had.
10
Q.
What
did
they
do
with
those
spoils?
11
A.
Some
were
on
the
ground.
Some
were
in
the
12
roll-off
truck
that
you
see
in
the
6:55
photograph.
13
The
roll-off
truck
obviously
is
full.
The
roll-off
14
box
was
full
of
spoils
at
that
time.
The
remaining
15
spoils
--
because
we’re
on
the
side
of
the
hill,
the
16
operator
takes
those
remaining
spoils
and
brings
them
17
up
close
to
the
roll-off
box
because
you
have
to
load
18
off
level
ground.
You
couldn’t
take
the
truck
down
19
the
hill
to
load
it.
So
they’d
scoop
it
up,
and
20
because
the box was full,
they would carry
it up and
21
stockpile
it
there.
22
Q.
Okay.
What
happened
to
those
spoils?
23
A.
They
were
put
in
the
daily
face
of
the
fill
24
that
night.
CAPITOL
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217-525-6167
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1
Q.
On
that
date
were
any
spoils
left
uncovered
2
at
the landfill?
3
A.
No,
they
were
not.
4
0.
On
that
first
photograph,
I
believe
it’s
the
5
6:55?
6
A.
Uh-huh.
7
Q.
What’s
the
condition
of
the
drill
rig?
8
A.
It’s
in a fully operating
drilling mode
right
9
there.
The mast
is fully extended.
The stabilizers
10
are
down.
The
tracks
are
turned
to
a
stable
position.
11
Q.
Okay.
Do
you
see
the
drill
rig
in
any
of
the
12
other photographs?
13
A.
No,
I do not.
14
Q.
How
easy
is
it
to
move
that
drill
rig?
15
A.
Well,
one
man
can
move
the
rig
because
it’s
16
very
mobile
and
it
was
a
custom-made
machine
by
this
17
drilling
company.
However,
the
time
it
takes
to
knock
18
this
rig
down
from
that
fully
mast
position
--
19
Q.
What
do
you
mean
by
knock
it
down?
20
A.
Well,
take
it down
so
it could
be mobile,
it
21
could
be
moved
to
the
next
hole.
It
takes
maybe
15
to
22
20 minutes.
23
Q.
So in the first
photograph
it
cannot
be moved
24
in that state
with the mast up?
CAPITOL
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525-6167
673
1
A.
No,
no.
2
Q.
So
tell
me
what
exactly
do
you
have
to
do
3
prior
to
moving
it?
4
A.
The
mast
is
fully
extended.
That
has
to
be
S
retracted
down.
The
stabilizers
all
have
to
come
up,
6
not
necessarily
at
one
time
because
the
rig
could
tip.
7
So
--
8
Q.
What
are
the
stabilizers?
9
A.
There’s
four hydraulic stabilizers
on the
10
corners
of
the
rig.
It
has
to
be
on
a
level
situation
13.
so
you
drill
a
straight
hole.
If
it’s
off,
you’ll
12
drill
at
an angle.
You’ll
see
a dozer also
in the
13
right
side.
That’s
usually
to
go
in
there
and
create
14
what’s
called
a
bench
so
--
there’s
very
little
15
stabilization
when
you
get
there.
The
rig
can’t
be
16
tilted one way or the other.
It has
to be square.
17
When
you’re
on
the
side
of
a
hill,
the
stabilizer
18
won’t
extend
all
the
way
down
to
level
out
the
rig,
so
19
sometimes
you
have
to
cut
it
out
and
create
what’s
20
called
a
bench.
And
when
you’re
on
the
side
of
a
21
hill,
it
takes
a
lot
to
set
it
up
and
it
takes
a
lot
22
to get
it out
of there
also,
because
it’s
a steep
23
area.
24
Q.
Okay.
So
again,
how long would
it
take
to
CAPITOL
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1
get
that
machine
ready
to
be
moved?
2
A.
15 minutes.
3
Q.
Okay.
4
A.
At
least.
5
Q.
How
fast
does
that
machine
move
once
it’s
6
ready
to
be
moved?
7
A.
About
walking
speed.
It’s
on
what’s
called
a
B
990
DLC
track
hoe
frame
and
there’s
only
one
speed
on
9
it,
which
is
extremely
low.
So
you
can
walk
faster
10
than
the
machine
can
move.
And
the
pictures
from
6:55
11
to
7:05
if
they
were
all
taken
in
the
same
--
it’s
12
impossible
to move
that rig from that position
out
of
13
that
position
in
the
third
picture
in
ten
minutes.
14
There’s
no
way
you
can
do
it.
These
pictures
could
15
not
have
been
taken
from
6:55
to
7:05.
You
couldn’t
16
have
the
mast
down
by
7:05
over
here.
Especially
in
17
that
area,
that’s
--
it
would
take
them
30
minutes
to
18
move
it
out
of
that
picture
at
least.
And
this
is
19
late
at
night
in
the
--
20
MS.
SYMONS-JACKSON:
Ms.
Hearing Officer,
I’m
21
going
to object
here.
I think
a new question has to
22
be put to this witness.
23
HEARING OFFICER
FRANK:
Yes.
24
MS.
SYMONS-JACKSON:
He’s
not responding
to
CAPITOL
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-6167
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1
any
question
from
counsel.
2
HEARING
OFFICER
FRANK:
Yes.
3
A.
Okay.
4
Q.
Are
you
aware
of
any
occasion
where
refuse
--
5
well,
spoils
from
the
installation
of
the
gas
system
6
were
left
uncovered
overnight?
7
A.
Yes,
I
am.
8
Q.
Okay.
When
was
that?
9
A.
The next
day.
10
Q.
Which
would
be?
11
A.
September
11th,
I
believe
it
was
a
Wednesday.
12
Yeah.
13
Q.
And
explain
that
for
me.
14
A.
The
next
morning
the
drillers
arrived.
They
15
always
got
there
real
early,
and
I
arrived
at
the
site
16
probably
around
8,
8:30.
And
there
was
a
thunderstorm
17
coming
in
and
they
were
in
the
middle
of
drilling
the
18
hole
after
this
left
this
position
to
another
19
position.
In
a
thunderstorm
you
have
to
drop
the
mast
20
whether
it’s
raining
or
not.
Obviously,
it’s
a
giant
21
lightning
rod,
and
they
were
on
top
of
the
hill.
By
22
the time
I got to the top of the hill,
it was raining
23
unbelievably
hard,
extremely
hard.
Consequently,
the
24
pull-off
cable
that
pulls
what’s
called
the
kelly
to
CAPITOL
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empty
the
box
broke.
2
Q.
Explain that.
What’s the kelly?
What
--
3
A.
The kelly
is the actual
steel rod that
does
4
the
drilling.
The
mast
supports
it,
the
kelly
comes
5
down,
the
bucket’s
attached
to
the
kelly.
The
kelly
6
extends
like
an
antenna
out
to
120
feet.
As
you
drill
7
down
and
get
a
load
of
garbage
in
your
bucket,
which
B
is
approximately
three
feet
in
diameter
by
three
feet
9
tall,
it
comes
out
of
the
hole,
and
then
there’s
a
10
cable
with
a
pulley
on
it
that
pulls
the
kelly
off
to
11
the
side.
You
drop
it,
hammer
it
against
the
side
of
12
the
rig
to
drop
the
garbage
and
spoils
out.
Okay?
13
That pulley gets
a lot of tension.
You replace them
14
--
from
what
the
drillers
told
me,
it’s
not
uncommon
15
to
replace
them
monthly
because
nobody
can
build
one
16
strong
enough
to
last.
17
That
morning
that
pulley
broke.
And
because
it
18
was
raining,
we
were
in
our
office
trying
to
figure
19
out
where
we
were
going
to
get
one
of
these.
They
had
20
started
a hole
that morning.
We couldn’t find on the
21
phone
anyone.
So
I knew of
a Jensen’s Welding down
at
22
Davenport,
Iowa,
that could manufacture
one from
23
scratch.
So we proceeded down
there.
It was probably
24
around 11:00
and still
raining.
Jensen’s
told us
it
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wouldn’t
be
ready
until
approximately
5:00,
so
we
ate
2
lunch,
went and shot our bows
at
a sporting goods
3
place,
came back
at
5:00,
the pulley was done.
4
By
this
time
it
had
cleared
up.
We went back to
5
the
landfill.
It
was
right
around
5:00
when
we
got
6
back
that
day
at
the
landfill.
I
went
to
open
the
7
gate,
and
we
were
in
the
drilling
rig’s
company
truck,
8
which
is
a
four-wheel-drive
one-ton
Ford.
We
couldn’t
9
even
get
up
the
hill
with
that
truck
it
had
rained
so
10
much
and
it
was
just
so
muddy.
It
was
ungodly
muddy.
11
I
forget
who
made
the
comment,
one
of
his
laborers
or
12
someone
said
there
was
still
garbage,
a
little
garbage
13
left
from
that
morning’s
work.
And
I
said,
well
--
14
should
we
go
up
and
get
it?
And
I
said,
well,
even
if
15
we
go
up
and
get
it,
we
can’t
get
that
truck
down
the
16
hill
that
night,
because
it’s
a
straight
truck,
17
roll-off
truck.
18
Q.
Yeah.
What’s
that
truck?
19
A.
That’s
in
one
of
these
pictures.
It’s
a
20
truck
you
see
in
the
picture.
So
I
made
the
decision,
21
no one else,
to leave the
--
leave
the
spoils
where
22
they were.
Even
if
we got them loaded up,
we couldn’t
23
get the truck down
the hill.
I wasn’t willing
to
24
drive
it
down
the
hill
and
I
wasn’t
expecting
anybody
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1
else
to.
Because
it
had
rained
so
hard,
I
didn’t
see
2
any harm
in
it.
So we left the spoils
there.
The
3
next
morning
we
got
inspected,
and
we
got
written
up
4
for
having
exposed
garbage
from
the
drilling
operation
5
from
the
previous
day.
6
Q.
Let’s
move on to another
area.
Have you ever
7
known
the
landfill
to
accept
waste
in
the
middle
of
8
the
night?
9
A.
No.
10
Q.
Have
you
ever
known
the
landfill
to
accept
11
waste
between
11:30
and
1:00
at
night?
12
A.
No.
13
Q.
Would
it
be common for equipment
to be
14
running
at
the
landfill
in
the
middle
of
the
night?
15
A.
No.
Operating?
No.
16
Q.
Is
it
possible
that
Watts’
personnel
might
17
have
been
operating
on
equipment
late
at
night?
18
MS.
SYMONS-JACKSON:
Object.
That
calls
for
19
speculation.
20
Q.
Well,
if
you
know,
do
you
have
any
21
personal
--
22
A.
Servicing
equipment?
23
Q.
Do
you
have
any
personal
knowledge
of
Watts’
24
servicing equipment
late
at night?
CAPITOL
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A.
Late
by
what
do
you
mean?
1
in
the
morning,
no,
not
that
late.
Q.
Well,
what
do you have knowledge
of?
A.
11:00
maybe,
11:30
possibly
at
the
very
Q.
What would you consider servicing
equipment?
A.
Daily
greasing,
oil
changes,
air
filter
changes,
fueling
up
for
the
next
day.
Q.
The engines
could have been running?
A.
Possibly,
sure.
fuel
up
outside.
Or
we
service
inside.
We
So
it’s possible you could take
it
from
one
area,
fuel
it
up.
Usually
the
last
thing
they
do
is
fuel
it
up
before
they
get
ready
to
go.
Q.
Yeah.
Tell me
--
what’s
the
layout
of
the
servicing
area?
What’s
that
like?
building?
Is there
a
A.
Yeah.
It’s
probably
160
by
60,
the
main
building,
and
the
fuel
island
is
probably
30
feet
to
the
north,
in
a
real
close
proximity
to
the
service
Q.
But
to
fuel up,
you’re
going
to have
to
--
you
don’t
have
a
hose
that
goes
from
the
fuel
isle
into
the
service
area?
A.
No.
Have
to
take
it
outside.
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2
latest
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
area.
SPRINGFIELD,
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217-525-6167
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1
Q.
I
guess
I
should
say,
too,
is
your
office
2
located
in
the
landfill?
3
A.
Yes,
it
is.
4
Q.
Let’s
move
on
to
another
area.
Do
you
know
5
what
a Sig Mod
is?
6
A.
Yes.
7
Q.
Has
a
Sig
Mod
been
submitted
for
this
8
facility?
9
A.
Yes,
it
has.
10
Q.
When
was
that?
11
A.
The
initial
one
I
believe
was
in
1994,
if
I’m
12
not
mistaken.
13
Q.
What
happened
to
that
submittal?
14
A.
It
was
denied.
15
Q.
Was
any
basis
given
for
that
denial?
16
A.
There
were
nine
denial
points
that
I
recall
17
Q.
How
were
those
denial
points
conveyed
to
you
18
through
Watts?
19
A.
With
a
letter
from
the
Agency
20
Q.
What did Watts
do
in response to that denial
21
letter?
22
A.
We discussed
the denial points with the
23
engineering
firm
that put the Sig Mod together,
24
CH2M-Hill,
and decided to get a meeting with
the
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Illinois
EPA
to
discuss
those
denial
points.
2
Q.
Did you in
fact have
a meeting?
3
A.
Yes,
we
did.
4
Q.
When
was
that?
S
A.
The
date
-
-
it
was
right
after
the
meeting
6
with
Mr.
Davis
and
that
down
here
last
summer
I
7
believe,
the
day
after.
8
Q.
What’s
been
referred
to
as
the
31(d)
meeting?
9
A.
Yes,
that’s correct.
10
Q.
Who
attended
that
meeting?
11
A.
From
ESG
Watts
Tom
Jones
and
myself,
12
CI-12M-Hi11 Steve Keith,
who
is the lead engineer,
their
13
main
hydrogeologist
Jewel
someone
I
believe.
14
Q.
CH2M-Hill’s
geologist?
15
A.
CH2M-Hill.
And
then
from
the
Agency
Krishna
16
was
there,
Joyce
Munie
I
believe
was
there,
their
17
hydrogeologist
Gwenyth
Thompson
was
there.
That’s
who
18
I
recall.
I
think
there
were
a
couple
others.
I
19
don’t
remember
who
all
else
was
there
at
the
time.
20
Q.
What
was discussed
at that meeting?
21
A.
We discussed
the nine points one at
a
time
22
and expressed our concern that we felt
some
of them
23
were kind
of petty,
and actually,
we solved three or
24
four
of them within
30 minutes.
And then Jewel
and
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Gwenyth
started
discussing
technical
matters
of
2
groundwater monitoring
models and things like
that,
3
something
I’m
not
that
familiar
with.
We
just
went
4
through
the
denial
points
to
see
how
we
could
adjust
5
or
fix
them
to
meet
the
Agency’s
requirements.
6
Q.
Was
a
resubmittal
discussed?
7
A.
Yes,
it
was.
8
Q.
And
what
was
said
about
that?
9
A.
There was discussion
on how we could resubmit
10
in
order
to
get
the
Sig
Mod
in
in
a
more
expeditious
11
manner
and
a
more
cost
savings
manner
not
only
to
us
12
but
to
the
Illinois
EPA
so
they
wouldn’t
have
to
13
review
an
entire
Sig
Mod
again,
let’s
just
talk
about
14
the
main
nine
points
of
denial,
let’s
address
those
15
and
get
on
with
everybody’s
business.
16
Q.
Is
it
--
was
it your understanding
that you
17
reached
an
agreement
with
respect
to
that
resubmittal?
18
A.
Yes,
there
was.
19
Q.
And
what
was
that
agreement?
20
A.
I left with the impression
that
the nine
21
points
of denial would be resubmitted to the Illinois
22
EPA as long as there was
a certification
cover letter
23
on
the
front
stating
that
nothing
else
in
the
Sig
Mod
24
was changed.
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CAPITOL
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6167
And
was
in
fact
that
resubmittal
made?
Yes,
it
was.
And
did
it
include
this
certification?
Yes,
Now,
did
not
tal
of
a
Correct.
When
was
that?
The
first
day
of
the
hearings
like
a
month
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
Q.
A.
Q.
A.
it
did.
Q.
did you subsequently
find
out that
the
Agency
consider
that
resubmittal
a
formal
submit
Sig
Mod?
A.
Q.
A.
ago,
this
hearing.
I
think
it
was
a
Wednesday,
I
believe.
Q.
And what did you do in response to that?
A.
I
called
Joyce
Munie
immediately.
Q.
And what did she say?
A.
She
didn’t
say
anything.
I
left
a
message
and
she
did
not
return
my
phone
call.
Q.
What
has Watts
done since
that
time?
A.
Since
that
time,
as
you
know,
the
last
hearing
that
we
had
in
this
case
we
decided
that
a
formal
full-blown
resubmittal
of
the
Sig
Mod
would
have
to
be
done
and
we
did
that.
Q.
When was that done?
Do you know?
A.
I
think
it
was
sent
in
a
couple,
three,
four
684
1
weeks
ago,
something
like
that.
2
Q.
Does
that
--
did
that
formal
resubmittal
3
contain the documentation
that was previously
4
submitted
to
the
Agency
--
5
A.
Yes,
it
did.
6
Q.
--
as the resubmittal?
7
A.
As
far
as
I
know
it
did,
yes.
8
Q.
Let me show you what
I’ve marked
--
what’s
9
been marked
as People’s
Exhibit
24.
Can you just
10
identify
that
for
me?
11
A.
It’s
an
Illinois
Environmental
Protection
12
Agency Air Pollution
Odor Log prepared by Jerry
13
Martens.
14
Q.
Have
you
ever
seen
that
before?
15
A.
No,
I
have
not.
16
Q.
Well,
is
today
the
first
time
you’ve
seen
it?
17
A.
No,
I
saw
it yesterday.
18
Q.
If
this
document
were
sent
to
the
landfill,
19
would
it
have
come
to
you?
20
A.
I
don’t
know.
Depending
on
who
sends
it.
21
think
Shirley
would
have
opened
this,
seen
this
and
22
given
it
to me definitely.
I was one person that was
23
there
at that
time.
24
HEARING OFFICER
FRANK:
Who’s Shirley?
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1
Q.
Who’s
Shirley?
2
A.
My secretary.
When she opens
the mail,
if
3
she saw something
from the Illinois
EPA,
she would
4
have
definitely
put
it
on
my
desk.
5
Q.
Switch
gears
again.
Let
me
show
you
what
6
I’ve
marked
as
Respondent’s
Exhibit
7.
Can
you
7
identify
that
for
me?
8
A.
This
is
an
analysis
from
off-site
groundwater
9
monitoring
--
groundwater
wells
that
we
had
installed
10
in
summer
of
‘95,
I
believe.
11
Q.
What
is
the
Hanson
field?
12
A.
The Hanson
field
is property directly east
of
13
what
we
consider
the
closed
area
of
the
landfill.
14
guess
you
would
call
it
east
central
of
the
landfill
15
on
Chuck
Hanson’s
property,
our
neighbor.
16
Q.
What’s
the
designation
--
one
of
these
pages,
17
the
first
page
says
Hanson
Field
S.
18
A.
Uh-huh.
19
Q.
And
the
second
page
is
Hanson
Field
D.
20
A.
One’s
a shallow well designated by
5,
deep
21
designated
for
deep.
The
two
wells,
it’s
a
nested
22
area
right
there.
23
Q.
Now,
who
is
Beling
Consultants?
24
A.
Beling Consultants
is the firm that
we have
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1
under
contract
to
sample
and
analyze
almost
all
of
our
2
groundwater
monitoring,
NPDES
--
analytical
--
they’re
3
an analytical
lab.
As far
as our groundwater
4
monitoring,
they
do
all
our
sampling.
5
Q.
How
long
have
you
used
them?
6
A.
I’ve
used
them
for
years.
I
believe
they’ve
7
been
doing
wells
for
us
for
maybe
five
or
six
years.
8
Q.
Now,
is
it Beling that took these samples?
9
A.
Yes,
it
was.
10
Q.
Is
it
Beling
that
analyzed
these
samples?
11
A.
Yes,
it
was.
12
Q.
Was this record made near
the time when
the
13
sampling
occurred?
14
A.
As
far
as
I’m
concerned,
yeah.
Yeah,
I’m
15
sure
it
was.
16
Q.
Is
it
the
regular
practice
of
Watts
to
have
17
such
records
made?
18
A.
Yes.
19
Q.
Is
this
record
kept
in
the
course
of
Watts’
20
regular
business
activity?
21
A.
Yes,
it
is.
22
MR.
NORTHRUP:
I
would
go
ahead
and
move
to
23
have
this admitted.
24
HEARING OFFICER
FRANK:
Any objection?
CAPITOL
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SPRINGFIELD,
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217-525
-6167
687
1
MS.
SYMONS-JACKSON:
No.
2
HEARING
OFFICER
FRANK:
Then
it’s
admitted.
3
(Respondent’s
Exhibit Number
7
4
admitted.)
5
Q.
Does
the
landfill
have
all
of
its
records,
6
whether
they
be
original
permits,
original
permit
7
applications,
going
back
to
the
1980s?
8
A.
No.
There
was
a
fire
where
we
lost
95
9
percent
of our original
records.
I believe the fire
10
was
in
‘86
or
‘87,
I
don’t
recall.
11
Q.
Do
you
know
was
the
--
with
any
greater
12
specificity,
do you know
if the fire was before or
13
after
July
10,
1986?
14
A.
I
believe
it
was
after.
15
MR. NORTHRUP:
I don’t
have any further
16
questions.
17
HEARING
OFFICER
FRANK:
Okay.
18
Cross-examination.
19
MS.
SYMONS-JACKSON:
May
we
take
a
brief
20
recess
for just
five minutes?
21
HEARING OFFICER
FRANK:
Sure.
22
MR.
NORTHRUP:
Can
we
take
it
for
15
so
I
can
23
go make my telephone
call?
24
HEARING OFFICER
FRANK:
Sure.
Let’s go ahead
CAPITOL
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217-525-
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1
and
do
that.
2
(A recess was taken.)
3
HEARING
OFFICER
FRANK:
All
right.
Let’s
go
4
back
on the record.
5
MR.
NORTHRUP:
Actually,
can
I
do
one
thing
6
first?
7
HEARING
OFFICER
FRANK:
Sure.
8
MR.
NORTHRUP:
I
didn’t
move
to
offer
--
9
HEARING
OFFICER
FRANK:
Exhibit
7.
10
MR.
NORTHRUP:
7,
yeah.
I
don’t
think
so.
11
HEARING
OFFICER
FRANK:
I
thought
that
you
12
did
and
there
was
no
objection.
13
MR.
NORTHRUP:
I
just
wanted
to
make
sure.
14
HEARING
OFFICER
FRANK:
It’s
admitted.
15
Ms.
Symons-Jackson.
16
MS.
SYMONS-JACKSON:
Thank
you.
17
CROSS-EXAMINATION
BY
18
MS.
SYMONS-JACKSON:
19
Q.
Mr.
Grothus,
to
try
to
go
back
through
your
20
testimony and keep things
in the best order
I
can.
21
A.
Okay.
22
Q.
Starting off with this CHMM certification
you
23
said you had?
24
A.
Yes,
uh-huh.
CAPITOL
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1
Q.
How
does
that
certification
assist
you
in
2
your job duties
for ESG Watts
at the Taylor Ridge
3
facility?
4
A.
Because
I do special
waste permits for our
5
landfills,
things
like
that.
I
review
TCLP
analysis
6
for
that,
things
like
that.
It
helps
me
in
that
to
7
understand
the
chemistry
behind
it
and
how
to
read
8
analytical,
things
like
that.
It
makes
me
aware
of
9
what
needs
to
be
done
as
far
as
like
material
safety
10
data
sheets.
And
we
do
a
lot
of
transportation.
We
11
used
to
do
a
lot
of
hazardous
materials
transportation
12
years
ago.
That’s
what
is the reason
for
it,
I guess.
13
It was more
for me than
it was the company.
14
Q.
And
does
the
Taylor
Ridge
Landfill
currently
15
accept
any
special
wastes?
16
A.
Yes,
we
do.
17
Q.
What
are
those?
18
A.
We
have
a
variety
of
generics
right
now,
and
19
we
have
some
stand-alone
company
permits.
In
other
20
words,
generator
specific permits.
21
Q.
Moving on to talk about
this retention
22
pond
--
23
A.
Okay
24
Q.
--
that
I
believe
you’ve
described
as
being
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1
located
in
the
northwest
corner
of
the
landfill?
2
A.
Correct.
3
Q.
First
of
all,
isn’t
this
retention
pond
4
covered
by
the
NPDES
permit?
5
A.
No.
The
one
that’s
there
today?
That’s
what
6
you’re
referring
to,
correct?
7
Q.
Yes.
8
A.
No.
It’s
not.
9
Q.
Where
specifically
is
this
retention
pond
10
located?
11
A.
The
northwest
corner
on
the
Whitley
property.
12
Q.
Well,
isn’t
it
true
that
a
portion
of
this
13
retention
pond
is
located
on
the
landfill
property?
14
A.
Today?
15
Q.
Yes.
16
A.
Not
that
I’m
aware
of,
no.
17
Q.
In
1995
before
you
dredged
it,
wasn’t
a
18
portion
of
it
located
on
the
landfill
property?
19
A.
There
wasn’t
really
any
water
there
when
we
20
dredged
it.
It
was
dry.
21
Q.
But
a portion of the area
that you have
22
referred
to
as the retention
pond
--
23
A.
Yes,
it was.
24
Q.
Okay.
I think you indicated
that you’ve been
CAPITOL
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1
employed
by
the
landfill
since
1983?
2
A.
0th-huh.
3
Q.
Correct?
4
A.
November
I believe,
yes.
5
Q.
The
first
instance
you
were
involved
in
the
6
dredging
of
this
retention
pond
was
in
1995,
correct?
7
A.
That
I
was
directly
related
to
it,
yes.
I
8
was
aware
of
dredging
prior
to
that.
9
Q.
I
think
you
said
it
had
been
dredged
eight
to
10
ten
times
prior
to
that?
11
A.
Something
like
that
12
Q.
And
I think your testimony was that
13
immediately
upon
learning
of
the
problem
with
this
14
retention
pond,
the
silt
buildup,
you
responded.
Was
15
that
correct?
16
A.
When
it
was
brought
to
my
personal
attention,
17
yes.
18
Q.
And
that
was
in
1995?
19
A.
Yes,
it
was.
I
had
--
let
me
--
can
I
20
elaborate
on
that?
21
Q.
Well,
let
me
ask
you
another
question,
okay?
22
A.
Sure.
23
Q.
So prior
to
1995 you were
not involved
at all
24
with
the
problems
with
this
retention
pond?
CAPITOL
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692
1
A.
I
was
aware
of
it.
2
Q.
Now,
you indicated
that
40
to
60
truckloads
3
of
silt
--
4
A.
Yes,
ma’am.
5
Q.
--
were
removed
from
that
retention
pond?
6
A.
Uh-huh.
7
Q.
That’s
an
awful
lot
of
silt,
don’t
you
think?
8
A.
That’s
a
lot
of
silt,
yes,
ma’am.
We
9
overexcavated
not
only
where
that
retention
pond
was,
10
we
brought
it
all
the
way
back
to
probably
where
the
11
liner
--
we probably came pretty
close
to the liner,
I
12
would anticipate,
judging from the pictures.
13
Q.
I’m
sorry,
what
size
were
the
trucks
that
you
14
were
using?
15
A.
They
are
35
ton
Terex
haul
trucks.
16
Q.
And
these
were
40
to
60
full
loads
in
these
17
trucks?
18
A.
No,
they’re
not
full
at
all.
The
material
19
gets
soupy.
You
can
only
haul
maybe
ten
yards.
20
Because when you went up the hill,
you’d
lose
it out
21
the back,
so
we couldn’t haul
that much
of
it.
22
Q.
The silt was not dry when you moved
it from
23
the pond?
24
A.
The top half was.
As you get down
in there
CAPITOL
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1
it
gets
soupy,
it
gets
wet,
uh-huh.
2
Q.
It
was
a
storm
water
that
had
accumulated
in
3
the
retention
pond?
4
A.
I
assume
so.
5
Q.
Is
it
your
--
wouldn’t
you
agree
that
the
6
silt
and
the
water
that
was
located
in
this
retention
7
pond
had
come
from
runoff
from
the
landfill
site?
8
A.
Not
totally,
no.
9
Q.
To
a
large
extent?
10
A.
Large
being
--
give
me
a
percentage.
11
Q.
I
can’t
give
you
a
percentage.
12
A.
It’s hard for me
to give you an answer.
I
13
don’t
know.
I
would
say
some.
Yeah.
Well,
obviously
14
a
lot
of
it
was.
15
Q.
Don’t
you
agree,
Steve,
that
there
are
or
16
were
in
1995
erosional
problems
at
the
landfill?
17
A.
Where
at?
18
Q.
In the northwest
corner,
northeast
corner?
19
A.
Yeah,
there
were
some
erosion
problems,
20
things like
that because
the seed hadn’t
taken.
Some
21
seed had;
some
seed didn’t.
There were
some problems
22
there.
23
Q.
In fact,
that was one of the reasons
why you
24
indicated
that
you
installed
this
diversion
trench
in
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1
an
attempt
to
divert
water
away
from
this
retention
2
pond?
3
A.
I
was
more
interested
in
the
water
than
I
was
4
the
silt,
yes.
5
Q.
Now,
these
eight
to
ten
prior
dredgings
prior
6
to
1995,
where
was
the
silt
taken
when
it
was
removed?
7
A.
From
what
I
understand,
they
threw
it
behind
8
them
up
on
the
side
of
the
hill
9
Q.
That
would
be
on
the
northwest
slope?
10
A.
Yes,
ma’am.
11
Q.
And
what
happened
to
that
silt
that
was
put
12
on
the
northwest
slope
of
the
hill?
Didn’t
it
just
13
run
right
back
down
into
the
retention
pond?
14
A.
I
assume
that’s
exactly
what
it
did,
yes.
15
Q.
Now,
going
back
to
the
NPDES
permit
for
16
discharge
point
001
-
-
17
A.
Uh-huh.
18
Q.
--
the
permit
is
not
limited
only
to
pumping,
19
is
it,
sampling
pumped
storm
water?
20
A.
001 that’s how
I interpreted
it back
then,
21
yes.
22
Q.
Well,
can you look
at what we’ve marked
as
23
People’s Exhibit
6,
which
is
that NPDES permit,
and
24
tell
me
where
it
limits
it
to
pumping?
CAPITOL
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695
1
A.
Ponded
storm
water
north
side
of
landfill.
2
Q.
That
doesn’t
say
pumping.
3
A.
I don’t
know how you would
take ponded
storm
4
water
off the site
if you didn’t pump
it
5
Q.
It
wouldn’t
discharge
in
flow
on
its
own?
6
A.
It
could.
This
permit
--
that
wasn’t
the
7
intent
of
the
ponded
storm
water
permit,
no,
not
at
B
all.
It was to regulate the discharge with pumps.
9
Q.
Doesn’t
the
water
from
the
retention
pond
10
discharge
over
the
banks
of
the
retention
pond
on
its
11
own
and
flow
by
gravity?
12
A.
It
has
done
that
from
what
I
understand.
But
13
that
pond
isn’t
on
our
property
14
0.
There’s
a
fence
located
through
the
middle
of
15
that
retention
pond,
isn’t
there?
16
A.
No.
It’s
on
the
--
the
fence
would
be
on
the
17
south
side
of
that
retention
pond
today.
18
Q.
When that fence was first
installed
in the
19
retention
pond
--
20
A.
The
one
that
we
installed,
is
that
what
you
21
are
--
the
‘95
one?
22
Q.
Yeah.
What about prior
to
‘95,
was there
a
23
fence
in the retention
pond
at that point?
24
A.
I understand
there was
a couple
that was put
CAPITOL
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3.
up there
2
Q.
3
what
you
4
dredging
5
A.
6
Q.
7
wasn’t
8
the
bo
9
A.
10
Q.
11
middle
12
13
14
depends,
15
Q.
16
site?
17
18
19
20
21
22
23
24
by Mr. Whitley,
yes.
And
I
think
in
your
prior
testimony
that’s
indicated,
and then
in 1995
after the
ESG
Watts
installed
a
fence,
correct?
Correct.
Prior
to
1995
when
that
fence
was
installed,
the
fence
installed
at
what
you
assumed
to
be
undary
line
between
the
two
properties?
I
would
assume.
And
the
fence
then
at
that
time
was
in
the
of
the
pond?
A.
It
may
have
been
if
there
was
a
lot
in
it.
If
it
was
dry
--
it
depends.
I
mean
of
water
it
you
know.
Well,
now,
you’re
the
project
manager
at
the
A.
Yes,
ma’am.
Q.
Didn’t you ever prior
to
1995 take
a look
at
that
retention
pond?
A.
I
was
down
--
I
didn’t
consider
it
a
retention
pond
back
then.
I
--
I
guess
it
was
a
retention
pond
back
then
after
he
put
the
dike
up,
you
could
call
it
that,
yeah.
And
I
did
see
water
on
both
sides
of
the
fence.
You
mean
was
the
fence
in
the
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1
middle?
2
Q.
Uh-huh,
yes.
3
A.
When there was a lot
of water
in there,
yeah,
4
uh-huh.
5
Q.
Was
it
your
understanding
that
that
fence
6
represented
the
boundary
line
between
the
two
7
properties?
8
A.
I
had
some
question
at
that
time
about
it.
9
couldn’t
relate
coordinate
points
--
at that
time you
10
couldn’t
really
coordinate
one
from
the
other
where
11
the
actual
line
was.
I
mean
you
could
make
some
12
assumptions
based on some
of the pictures
I’ve seen,
13
sure.
14
Q.
Okay,
now,
Steve,
going
on
to
this
--
the
15
photographs
that
you
looked
at
from,
I
believe,
16
People’s
Exhibit
9
or
was
it
19?
17
MR.
NORTHRUP;
18.
18
A.
The
three?
19
Q.
Three
photographs?
20
A.
Sure.
21
Q.
Right.
From the installation
of the gas
22
extraction
wells?
23
A.
Correct,
uh-huh.
24
Q.
The first
--
the
set
of
photographs
you
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1
looked
at were
from September
10
of this year?
2
A.
Correct,
uh-huh.
3
Q.
Were you personally present
during the events
4
at the time those photographs
were taken from
5
approximately
6:55
to
7:05?
6
A.
I was somewhere
on the
site,
yeah,
uh-huh.
7
Q.
Well,
somewhere
on
the
site.
It’s
a
--
8
A.
Yeah.
I was involved with the drilling
9
operations.
It was
at night.
It was after my regular
10
hours.
That’s usually when
I went
up there.
11
Q.
What
are
your
regular
hours?
12
A.
It depends
on who you talk
to.
I
guess
8
to
13
5,
you know,
for the sake
of the argument,
yeah.
14
Q.
So on this night
you were
there after your
15
regular
hours?
16
A.
Many nights
I was after my regular
hours,
17
yes.
18
Q.
Now,
during the actual drilling of this well
19
that we see
in this photograph
--
it’s
the one you
20
looked at earlier.
21
A.
Uh-huh.
22
HEARING OFFICER
FRANK:
These
are People’s
23
Exhibit
18 for the record.
24
MS.
SYMONS-JACKSON:
Right.
CAPITOL REPORTING
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217- 525-6167
699
1
A.
Uh-huh.
2
Q.
Were you at that location where
the well was
3
being
drilled
or were you somewhere else
on the
4
landfill
property?
5
A.
I could have been up on top of the hill
6
somewhere
or somewhere
else.
I
couldn’t
tell you
if
I
7
was there
at that exact time.
No,
I couldn’t
tell
8
you.
9
Q.
Were you present during the installation
of
10
that well
-
-
11
A.
Sure.
12
Q.
--
at that
time
--
13
A.
Sure.
14
Q.
--
that night?
15
A.
Yes.
I don’t even think
that well
--
well,
16
yeah,
I
was,
I was there,
uh-huh.
17
Q.
Steve,
did you personally observe the taking
18
down
of the drill rig and the moving of the drill
rig?
19
A.
No,
I did not
20
Q.
Do you know what
time
the drilling was
21
finished on that night?
22
A.
I
think they started
--
I don’t
recall
if
23
they started another
hole.
I think
they set up on
24
another
hole after
that one that night.
We left there
CAPITOL REPORTING SERVICE,
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probably around
8:30,
quarter till
9 that
night,
maybe
2
9:00.
3
Q.
Do you know what
time they started taking
4
down the drill
rig at
this
location shown
in the
5
photograph?
6
A.
No.
I don’t.
I assume
it was between
6:55
7
and 7:05
based on these pictures.
8
Q.
How late did you stay
at the site
that night?
9
A.
Till dark.
10
Q.
Which was what
time?
11
A.
8:30,
9:00
I’d say,
something
like
that.
12
Q.
Did you personally
observe
the disposal
of
13
the waste
from the truck and roll-off box into
the
14
day’s
active area
--
15
A.
Yes,
I did.
16
Q.
--
on that night?
17
A.
Uh-huh.
If
I can explain,
we left
the 400
18
with
the ADC,
alternate
daily
cover,
hooked up to our
19
400.
20
Q.
Which
is your bulldozer
or
--
21
A.
No,
it’s
a track hoe excavator.
And you use
22
that
to pull
the tarp over.
There were many nights
23
that
the last thing we did as we came down the hill
24
was bring the spoils.
If you took pictures
at
8:00,
CAPITOL REPORTING
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there would
still
be spoils many nights.
If you took
2
a picture
at 9:00
at night,
if you could,
there
3
wouldn’t
be.
I mean we
--
many
times
I fired
the
4
machine
up,
pulled the ADC back.
We left
a hole in
5
the garbage.
We’d back the truck
in,
drop
it, put the
6
ADC back
over the top.
We did that many times,
and
it
7
was dark many
times when
we did
it.
8
Q.
Okay.
Now let me see
if
I understand
this.
9
During the construction
of these gas extraction
10
wells
--
11
A.
Uh-huh.
12
Q.
--
what we’ve
been referring
to
as spoils,
13
the refuse
that’s been pulled up
--
14
A.
Refuse,
dirt,
whatever
comes
out
of the hole.
15
Q.
Okay,
the refuse
comes up and then
it’s
16
deposited
in either
a truck or
it’s first
in a truck
17
and then
the truck
takes
it
to
a roll-off box?
18
A.
No,
no,
it’s
--
the bucket
comes out and the
19
spoils are,
I guess,
wedged you would call
it,
and
20
there’s
two flaps on the bucket.
As you hit the side
21
of
the bucket and drop
down on
it,
it pushes
it
to
22
help relieve
it
out.
It
falls
right next
to the
23
drilling
rig.
24
Q.
Just on the ground?
CAPITOL REPORTING
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A.
Right on the ground,
correct.
There’s
no way
2
I
--
it would
be great
if you could put
it right
into
3
a
box.
You can’t.
Then there was
a JCB Load All,
4
it’s
a called,
a four-wheel-drive
vehicle
that drags
S
it
back,
scoops
it
up and puts
it
into
a roll-off
box.
6
Usually
they would
fill the box and move the rest
of
7
it out
of
the way.
And because
they only had
--
there
8
was
a lot of
times
I was doing
this because they had a
9
laborer that didn’t
always
show up,
so
I would go up
10
and help them out.
We’d get
it out
in one big shot.
11
It was a one-man job usually.
And the other guy was
12
preparing wells
for installation.
So
if
I saw the
13
truck
full and
I saw
a pile of
spoils,
I’d just
jump
14
in the truck and go drop
it,
come back
up,
load
the
15
roll-off box back
up,
take
it back down.
I’d just
go
16
ahead
and do it.
17
Q.
During the course
of a day when they were
18
constructing
these gas extraction wells,
you would
19
wait until
the roll-off
box was full?
20
A.
Usually.
21
Q.
And then take
it down to the active
--
22
A.
Usually.
23
Q.
--
area and then deposit
the waste
at that
24
point
in
time?
CAPITOL REPORTING
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1
A.
It would depend.
If
it was a busy time
of
2
the day,
we would
leave
it until
it slowed
down.
3
These
guys were very cooperative
in working
in between
4
our busy schedules.
That’s why
a
lot of times
a lot
5
of the waste
from that was deposited
at night
in the
6
active
fill
area.
7
Q.
Were
there occasions,
Steve,
when
the only
8
disposal
from the roll-off
box occurred at night
after
9
regular
operating
hours?
10
A.
Just from the box?
11
Q.
From the roll-off box.
12
A.
Sure,
uh-huh.
13
Q.
Now,
you
indicated that
as project manager
14
for ESG Watts,
part
of your duties
include managing
15
construction
or remediation projects?
16
A.
Correct.
17
Q.
And seeing
that
the permits
for those
18
projects are complied with?
19
A.
That’s
correct.
20
Q.
Okay.
Now,
have you reviewed
the permit
that
21
was
issued
by
the
Agency
for
the
landfill
gas
22
management
system?
23
A.
Yeah.
24
Q.
It’s
permit
number
1996-087
SP?
CAPITOL
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1
A.
I’ve
read
through
it,
yeah.
I’m
fairly
2
familiar with
it.
Not all the technical
aspects
but
3
the
--
most
of
them.
4
Q.
And it’s our
--
for
the
record
it’s
People’s
5
Exhibit
Number
2.
6
A.
Okay.
7
Q.
I’m
going
to
read
to
you
what
is
condition
5
8
of
that
permit.
Condition
S
reads:
“Refuse
removed
9
during
construction
of
the
gas
collection
system
shall
10
be
loaded
into
trucks,
covered,
and
immediately
11
transported
to
the
active
fill
area
and
disposed.”
12
A.
Correct
13
Q.
Now,
that’s
not
what
you
were
doing,
is
it?
14
A.
Sure.
15
Q.
Immediately
does
not
indicate
waiting
all
day
16
and
then
disposing
of
it
at
night
once
you
get
the
17
time.
18
A.
A
lot
of
times
the
rig
--
I
mean
you
drill
19
wells
so
you
could
complete
them
by
the
end
of
the
20
day.
It’s more
important
to set a well
than
it
is
to
21
drop
garbage.
22
Q.
So
it was more
important
to set the well
that
23
will
ultimately
make
ESG
Watts
a
lot
of
money
--
24
A.
No.
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MR.
NORTHRUP:
Objection.
2
Q.
--
than
to
comply
with
the
permit?
3
MR.
NORTHRUP:
Objection.
That’s
4
argumentative.
5
HEARING
OFFICER
FRANK:
Sustained.
Please
6
rephrase
your
question.
7
Q.
Mr.
Grothus,
what
is
more
important
than
8
compliance
with
the
permit?
9
A.
Safety of
my workers.
10
Q.
And
how
did
leaving
the
roll-off
boxes
full
11
of
refuse
sometimes
an
entire
day
--
12
A.
We didn’t leave
them an entire day.
13
Q.
--
impact
the
safety
of
your
workers?
14
A.
When
you
get
to
the
bottom
of
that
hole,
15
okay,
you
got
a
90-foot
hole
that
has
--
16
Q.
What
hole
are
you
talking
about?
17
A.
A
methane
--
a gas extraction
hole.
I would
18
much
rather
see
the
well
put
in,
backfilled
up
to
19
grade
than
to
leave
the
hole
open
while
we’re
dumping
20
garbage
in the face
of
the fill.
Any driller
in the
21
country will
tell you the first
thing they do once
22
they hit the bottom of that well
is
to install
that
23
well
if possible
or cover
it
up.
If someone
falls
in
24
the
well,
there’s
not
a
second
chance.
So
CAPITOL
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immediately,
yeah,
if
that’s
the
way
the
permit
reads,
2
that’s
fine.
I don’t
have
a problem with that.
But
3
the people
that write
those don’t drill wells,
either,
4
that
I’m aware
of.
And neither did
I.
At the time
5
the
permit
was
issued,
I
was
not
aware
of
how
wells
6
were
put
in.
After
I
had
observed
how
wells
were
put
7
in,
there
are
things
that
are
common
sense
that
8
sometimes
don’t
read
common
sense.
And
to
me,
if
I
9
had
to
pay
a
fine
daily
to
do
the
way
I
did
it,
I’d
10
pay
it.
No
problem.
11
Q.
I
think
you
indicated
in
response
to
one
of
12
my prior questions
that you were
trying to get
in as
13
many wells
as you could each
day.
14
A.
Yeah.
15
Q.
What were
the urgency there?
Why did you
16
need
to
do
that?
17
A.
You
get
paid
by
the
foot.
18
Q.
I’m
sorry?
19
A.
You
get
paid
by
the
foot.
20
Q.
Who was paying you for that?
21
A.
The drillers get paid by the foot.
The more,
22
the
faster,
the more money.
That’s
one.
For the
23
drillers.
24
Q.
Were
the
drillers
working
for
ESG
Watts
--
CAPITOL
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1
A.
No,
they
were
not.
2
Q.
--
or
for
RTC?
3
A.
No.
They were working for RTC,
the company
4
that put the permit application
in.
5
Q.
Now,
during
the
construction
or
installation
6
of
these
wells
wouldn’t
you
agree
that
there
were
more
7
odors
generated
because
there
was
exposed
refuse
being
8
pulled
up?
9
A.
More
odors
from
the
hole
than
the
exposed
10
refuse,
yes,
sure.
11
Q.
And
you
personally
observed
or
smelled
some
12
of these
odors yourself?
13
A.
Stood
over
the
hole,
yes.
14
Q.
How
bad
were
the
odors
coming
from
those
15
holes?
16
A.
We
got
good
gas,
from
what
I
understand.
17
Q.
Can
you
describe
what
it
smelled
like?
18
A.
A
stench,
stinky
smell.
It
wasn’t
a
gasoline
19
smell.
It
wasn’t
a
solvent
smell.
I
guess
somewhat
20
maybe
of
natural
gas
only
without
the
mercaptan
smell
21
to
it,
you
know.
22
Q.
Would
you say like rotten
eggs?
23
A.
No,
I
wouldn’t
say
it
was
a
sulfur
smell,
no.
24
Q.
Was
it
a hog farm smell?
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1
A.
No,
it’s
too
sweet.
I
don’t
know.
It’s
hard
2
to describe.
If you smell
it,
you know exactly where
3
that smell’s
coming from after you’ve smelled
it once,
4
yeah.
5
Q.
Have
you
smelled
odors
from
the
landfill
6
prior
or
while
on
the
landfill
property
--
7
A.
Certainly.
8
Q.
--
prior
to
the
installation
of
these
gas
9
wells?
10
A.
Definitely,
certainly.
11
Q.
And
would
you
say
the
odors
that
you
had
12
smelled prior
to this time
were similar
to the ones
13
you
were
smelling
coming
from
the
hole?
14
A.
Some
were,
some
weren’t,
yeah.
Depends
on
15
the
day
and
this
and
that,
yeah.
16
Q.
Isn’t
it
true
that
some
nights
these
gas
17
holes
would
not
be
covered?
18
A.
Not
that
I’m
aware
of.
19
Q.
Did
you
ever
personally
observe
a
gas
well
20
hole being
left uncovered
say the next morning?
21
A.
Never,
never.
The drilling company has one
22
inch thick
--
they’re
probably
six
foot,
maybe
eight
23
foot by eight
foot steel plates
that are an inch
24
thick.
If
they
don’t
finish
a
well,
they
usually
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cover
it,
more
times
than
not.
I
wouldn’t
know
any
2
reason
why
they
would
not
leave
--
it’s
crazy
to
leave
3
one
uncovered.
That
I
know
of
none
were
ever
left
4
uncovered.
If they didn’t
get the well
in,
they
5
brought
a
big
plate
--
they
had
two
or
three
of
these
6
huge,
big
plates
that
they
would
bring
in
and
lay
over
7
the
top
of
it
so
you
could
drive
anything
you
wanted
8
over
it
and
you
couldn’t
fall
in
it.
9
Q.
If
a
citizen
or
someone
would
call
the
10
landfill
to
make
a
complaint
about
the
landfill,
would
11
they
talk
to
you?
12
A.
I’ve had people
call
me,
yes.
They’ll talk
13
to
--
back,
you
know,
a
year
ago
when
I
was
the
only
14
one
there
I
was
taking
them,
but
with
the
team
of
15
people
we
have
today,
if
Nikki,
Tom,
whoever’s
in
the
16
office,
one
of
us
will
answer
it
if
we’re
there.
17
Q.
Okay.
Now,
did you personally
take any calls
18
from
citizens
complaining
about
odors
during
the
19
installation
of
these
gas
wells?
20
A.
Not
that
I
recall,
no.
21
Q.
Do you recall discussing
with any of the
22
other employees
at ESG Watts whether they had taken
23
any
phone
calls
from
citizens
regarding
odor
24
complaints?
CAPITOL
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1
A.
Not
that
I
recall,
no.
2
Q.
Do you remember ever having
a conversation
3
during
the
installation
of
these
gas
wells
with
Joe
4
Whitley regarding how bad the odor was coming
from
5
these
holes when they were being dug?
6
A.
I
don’t
recall.
I
don’t
know.
I
may
have.
7
I
may
not
have.
I
don’t
recall.
I’ve
had
a
lot
of
8
people
ask
me
a
lot
of
questions
about
the
gas,
the
9
odors,
things
like
that.
I
don’t
recall,
to
be
honest
10
with
you.
11
Q.
You
indicated
your
regular
working
hours
at
12
the
landfill
are
--
13
A.
I
really
don’t
have
any,
but,
yeah,
8
to
5.
14
Q.
8
to
5
roughly,
is
that
what
you
said?
15
A.
If
you
want,
sure.
16
Q.
Just
real
briefly,
Mr.
Northrup
asked
you
17
about
the
servicing
of
landfill
equipment
--
18
A.
tfh-huh.
19
Q.
--
after
8:00
at
night?
20
A.
Sure.
21
Q.
And you indicated
that sometimes
that might
22
happen
at
11:00
at night?
23
A.
Possibly.
24
Q.
Would you have been present
at any of those
CAPITOL
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1
times?
2
A.
No.
Just
noticed
the
time
cards
from
who
was
3
working.
4
Q.
And
so when you indicated
that vehicles
were
5
not
commonly
--
not
commonly
operated
--
6
A.
I
don’t
think
they
were
ever
operated
after
7
11:00
at
night.
8
Q.
But
you
were
not
personally
there?
9
A.
No.
I’m
talking
--
know
the
difference
10
between
servicing
and
operating.
Operating
means
11
you’re
using
it
for
its
intended
purpose.
Not
that
12
I’m ever aware of.
It’s too dangerous.
13
Q.
Now,
regarding
this
--
the
meeting
with
the
14
Agency
in
I
believe
it’s
August
of
1995,
does
that
15
sound
correct
to you?
16
A.
Something
like
that,
sure.
17
Q.
The
original
Sig
Mod
submittal
was
denied
in
18
February
of
1995?
19
A.
Okay.
20
Q.
Does
that
--
21
A.
Okay.
22
Q.
Okay?
23
A.
Sure.
24
Q.
And
you
had
the
meeting
then
in
August
with
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1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
the
Agency?
Q.
here
for
A.
Davis.
erstand,
Q.
ting
day
A.
Q.
not
made
A.
Q.
from
ESG
this
was
informal
CAPITOL
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Mr.
und
me e
one
Yes
A.
tlh-huh.
Are
you
aware
that
the
complaint
that
we’re
today
was
then
filed
in
November
of
1995?
Yeah,
it
was
after
our
39
--
our
meeting
with
The
complaint
was
filed,
from
what
I
a
couple
months
after
that
meeting,
yes.
And
it
was
your
understanding
that
the
with
the
Attorney
General’s
office
took
place
prior
to
your
meeting
with
the
Agency?
And
then
the
resubmittal
of
this
Sig
Mod
was
until
October
18
of
1996?
I
believe
that’s
correct.
Okay.
Prior
to
that
resubmittal
did
anyone
Watts
call
the
Agency
to
let
them
know
that
on
the
way
and
that
you
were
submitting
an
submittal
as
opposed
to
a
formal
permit
reapplication?
A.
No.
That
was
discussed
at
believe
Steve
Keith
and
maybe
Jewel
conversations
with
the
Illinois
EPA.
didn’t
have
any
is
because
it
was
an
wasn’t
knowledgeable
in,
and
at
that
that
meeting.
I
from
CH2M-J4ill
had
The
reason
I
area
of
--
I
time
I
was
the
713
1
only
one
at
ESG
that
was
kind
of
looking
after
this,
2
and
I
let Steve
--
I
left
it
up
to
Steve
Keith
to
make
3
any communications
he needed
to make with the Agency
4
to
set
up
--
we actually wanted
to set up another
5
meeting
after
that
first
one
to
submit
that,
you
know,
6
like
whenever
we
got
it
done.
After
he
reviewed
a
lot
7
of the stuff,
we found
out that we needed to put
in
8
like
these
Hanson
wells,
do
a
little
bit
more
than
9
what
we
originally
intended
on
doing.
So,
I
believe
10
he
had
conversations
with
the
Agency
after
that
point.
11
What
they
talked
about
I
don’t
know.
12
Q.
Now,
after this meeting with the Agency
in
13
August
of
1995,
did
you
--
was
it
your
understanding
14
that
you
were
on
your
way
toward
possibly
working
out
15
the problems with
the Sig Mod Application?
16
A.
Yeah.
Definitely.
17
Q.
Did
Watts
withdraw
its
permit
appeal
after
18
that
meeting?
19
A.
I
don’t
recall.
I
don’t
know
if
he
did
or
20
not.
21
Q.
Do you know
if
the permit appeal
is still
22
pending with
the Board today?
23
A.
I think
it still
is.
I don’t
know.
I
24
assume.
CAPITOL
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217-525
-6167
714
1
HEARING
OFFICER
FRANK:
Ms.
Symons-Jackson,
2
can
I
ask
a question?
3
MS.
SYMONS-JACKSON:
Sure.
4
HEARING
OFFICER
FRANK:
This
is
really
-~
5
it’s
for
the
Board.
There
are
several
Watts
permit
6
appeals
pending.
If
you
know
which
one
it
is,
can
you
7
give
us
the
number?
If
you
don’t,
that’s
okay.
8
Charlie,
do
you
know?
9
MR. NORTHRUP:
It’s 95-109
or 110.
One
is
10
Taylor
Ridge
and
one
is
Sangamon
Valley.
I’m
not
sure
11
which
one
--
12
MS.
SYMONS-JACKSON:
The
Agency
handles
their
13
own
permit
appeals,
so
we
wouldn’t
know.
14
HEARING
OFFICER
FRANK:
That’s
fine.
I
just
15
thought
maybe
if
the
Board
wanted
to
look
at
that,
we
16
could
try
and
get
that
number
in
there
for
them.
17
I’m
sorry
to
interrupt
you.
Go
ahead.
18
Q.
In
your
earlier
testimony
you
talked
about
a
19
depression
or
a hole
at the landfill
that you recently
20
or
at
sometime
received
a
permit
for
a
clean
fill?
21
A.
Yeah,
we call
it the nonwaste disposal
area,
22
correct
23
Q.
This nonwaste
disposal
area was first
noted
24
or do you recall when
it was first constructed
by the
CAPITOL
REPORTING
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INC.
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217-525
-6167
715
1
landfill?
2
A.
It was noted sometime
I think
in
‘93 after
3
that October
--
it
was
an
area
identified
by
our
EPA
4
inspector.
5
Q.
And
can
you
tell
me
where
on
the
landfill
6
property
this
nondisposal
--
what
is
it
you’ve
called
7
it?
8
A.
Nonwaste
disposal
area.
9
Q.
Nonwaste
disposal
area
is located?
10
A.
It
would
be
the
northeast
corner
of
the
11
landfill,
geez,
approximately
250
feet
north
of
the
12
building,
extending out
I believe
120
feet
from the
13
liner.
It’s kind
of
in
a
jog,
I guess.
I
could draw
14
you
--
if
you
have
an
inspection
--
you’ll
see
it
on
15
an
inspection
report
what
we’re
referring
to.
It’s
16
very
well
defined
right
now.
17
Q.
Why don’t
I get
a map we can look
at.
18
A.
Yeah,
that
would
be
great.
19
Q.
Is
it
located
in
the
active
area,
what
is
20
currently
the
active
area
of
the
landfill?
21
A.
It
is right
now,
yeah.
22
Q.
I’ve got two maps
here,
one was previously
23
identified
and
I believe
admitted
as People’s Exhibit
24
3.
CAPITOL
REPORTING
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INC.
SPRINGFIELD,
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217-525-6167
716
1
A.
Okay.
2
Q.
And I’ve also
got People’s
Exhibit
4.
I’ll
3
ask
you
to
look
at
both
of
those.
4
MS.
SYMONS-JACKSON:
And
I’ll
state
for
the
5
record
that
Exhibit
4
was
prepared,
as
indicated,
by
6
CH2M-Hill,
and
at
this
time
I
would
move
to
admit
map
7
number
4.
8
MR.
NORTI-IRtJP:
Where
did
it
come
from?
Do
9
you
know?
10
A.
It
says
CH2M-Hill.
11
MS.
SYMONS-JACKSON:
Yeah.
I
think
it
was
12
with the original Sig Mod.
13
A.
Might
--
with
the
Sig
Mod,
yeah.
According
14
to
that
date.
15
MR.
NORTHRUP:
Yeah,
okay,
that’s
fine.
16
HEARING
OFFICER
FRANK:
Then
Exhibit
4
is
17
admitted
into
evidence.
18
(People’s
Exhibit
Number
4
admitted.)
19
Q.
Whichever
map
is
best
for
you
to
identify
20
that location.
21
A.
Exhibit
3.
22
0.
Okay.
And again
just give
us
--
23
A.
Oh,
where
is
it?
24
Q.
Yes.
CAPITOL
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INC.
SPRINGFIELD,
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217-525-6167
717
1
A.
If
you
notice
where
it
says
temporary
access
2
road.
3
Q.
That’s
up
in
the
upper
left-hand
corner?
4
A.
See,
the
liner
--
yeah,
the
liner
comes
like
5
this,
okay,
and
then
around
the
building
like
that.
6
It
would
be
like
going
out
like
that
right
there.
7
HEARING
OFFICER
FRANK:
Okay.
For
the
record
8
you
have
to
make
it
more
clear.
9
A.
Where
the
Xs
are,
okay?
Want
me
to put Xs on
10
there?
I
guess
approximately
like
that,
right
in
11
there.
12
Q.
Now,
is this nonwaste disposal
area still
13
present
at
the
landfill?
14
A.
Yes,
it
is.
15
Q.
And
are
you
currently
filling
it
with
16
anything?
17
A.
With
clean
soil,
yes.
We’re
bringing
it
up
18
as
we
bring
the
garbage
up
in
that
area,
yes.
19
Q.
And
as
it
happened
over
the
years
you
did
not
20
have
a permit
to fill anything
in this nonwaste
21
disposal
area from
1993
or 1994 when
it was first
22
noted
until
recently,
correct?
23
A.
You got to do
a better job than that because
24
that
--
that’s
not
the
--
I
don’t
think
you
understand
CAPITOL
REPORTING
SERVICE,
INC.
SPRINGFIELD,
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217-
525-6167
718
it.
The non
--
Q.
Here’s
what
I’m getting at.
A.
Okay,
yeah,
Q.
Here’s
what
deposited
around
this
it
and
the
depression
statement
what
happened?
A.
Well,
it
stayed
at
the
level
and
the
garbage
came
up
around
it,
yes,
correct.
Q.
The depth
of the hole,
although the bottom
was
not
getting
deeper,
the
depth
was
increasing?
A.
There
you
go,
yeah.
HEARING
OFFICER
FRANK:
You
do
understand.
MS.
SYMONS-JACKSON:
I
knew
what
I
was
talking
about.
A.
I
was
confused.
Okay.
Go
ahead.
Q.
Now,
when
it rained,
storm water would
accumulate
in
the
bottom
of
this
depression?
A.
Yes,
it
would,
yes.
Q.
Do you know how long storm water was allowed
to
be
impounded
in
this
depression?
A.
Year
or
two,
I
guess,
maybe
three.
I
don’t
--
since October
9
of
‘93
I guess.
Well,
no,
it was
probably
‘94
on
because
we
were
down
that
low
then.
CAPITOL
REPORTING
SERVICE,
INC.
SPRINGFIELD,
ILLINOIS
217-
525-6167
do
that.
I’m
getting
at.
As
the
waste
was
area,
the landfill grew around
got
deeper.
Is
that
an
accurate
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
719
1
So
I
would
say
sometime
‘94,
‘95.
2
Q.
At
some
point
you
pumped
water
out
of
this
3
hole,
correct?
4
A.
Yes.
5
Q.
when
was
that?
6
A.
I
believe
it
was
after
we
received
that
7
permit.
We
may
have
pumped
prior
to
that
nonwaste
8
disposal
area
identification,
but
I
don’t
recall.
9
Q.
The
clean
fill
permit
is
that
what
you’re
10
referring
to?
11
A.
Yeah.
12
Q.
If
I
indicated
that
it
was
approximately
the
13
summer
of
1995,
would
that
sound
about
right
to
you?
14
A.
Yeah.
Possibly.
We
really
don’t
pump
that
15
much
in December,
so
if we
did,
I would be
--
it’s
16
kind
of
unusual,
but
if
we
did,
we
did,
yeah,
we
could
17
have.
18
Q.
Were
you
present
or
did
you
have
any
19
involvement
in
the
pumping
of
the
storm
water
from
20
this
hole?
21
A.
Sure
did,
uh-huh.
22
0.
Were
you
the
one
overseeing
the
pumping
of
23
the storm water from this hole?
24
A.
When we started pumping after
that waste
--
CAPITOL
REPORTING
SERVICE,
INC.
SPRINGFIELD,
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217-525
-6167
720
1
when
we
were
going
to
do
a
big
pump,
in
other
words,
2
after
that
permit
came
through,
we
contacted
James
3
Kammueller.
He
came
out.
We
sampled.
We
showed
him
4
how
we
wanted
to
do
it.
He
made
--
gave
us
a
list
of
5
things
to
do,
I
want
like
500
more
foot
of
hose
all
6
the
way,
I
want
a
sock.
We
did
everything
that
he
7
asked
--
that
he
suggested
that
we
do,
and
we
did
it.
8
Q.
Where
was
the
water
pumped
to?
9
A.
The
001
discharge
area.
10
Q.
Prior
to
beginning
the
pumping
did
you
take
11
any
samples
of
the
water
in
the
hole?
12
A.
I did not.
I believe
there were samples
13
taken
by
us
and
James
Kammueller.
I
think
he
might
14
have
taken
some,
too.
I
don’t
recall
if
he
did
or
15
not.
16
0.
Prior
to
beginning
pumping
did
you
calculate
17
how
much
water
was
in
the
hole?
18
A.
Yeah,
I
think
we
did.
I
don’t
recall
what
19
the
number
was,
but
I
think
we
kind
of
estimated
it.
20
Q.
Do
you
remember
what
the
estimate
was?
21
A.
No,
I don’t,
no.
22
Q.
How long did the pumping
take?
23
A.
On
and
off
three
or
four
months
maybe.
24
Q.
And did you conduct any sampling
of the water
CAPITOL
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INC.
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217-525-6167
721
1
that
was
being
discharged
through
001?
2
A.
I
did not personally,
no.
3
Q.
Did anyone
from ESG Watts?
4
A.
Yes.
5
Q.
What
were
done
with
those
sample
results?
6
A.
They
were
taken
to
Beling
labs
and
composited
7
and
analyzed
according
to
the
permit.
8
Q.
Now,
Steve,
isn’t
it
true
that
some
of
the
9
storm water
in that hole had come
into contact
with
10
exposed
refuse
in
the
hole?
11
A.
I
don’t
know
if
it
did
or
not.
All
that
area
12
was covered.
Do you know what
I mean?
I mean
there
13
wasn’t
--
there
wasn’t garbage.
No,
if you look
at
14
those
pictures,
you’ll
see
that
there
was
dirt
15
completely covered
all
the way around
in that nonwaste
16
--
I
believe
I
sent
pictures
with
the
permit
17
application
on
that
so
they
could
see
that,
yeah.
18
MS.
SYMONS-JACKSON:
Ms.
Hearing
Officer,
I
19
would
like
to
look
at
the
original
photographs
with
20
your exhibits.
21
HEARING OFFICER
FRANK:
That’s
fine.
Let’s
22
go off the record.
Why don’t we go ahead
and take
a
23
ten minute
break.
24
MS. SYMONS-JACKSON:
Okay.
CAPITOL
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INC.
SPRINGFIELD,
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217-525-6167
722
1
(A
recess
was
taken.)
2
HEARING OFFICER
FRANK:
Let’s
continue with
3
the cross-examination.
4
Q.
Mr.
Grothus,
when
we
went
off
the
record,
I
5
was
attempting
to
find
some
photographs
in
People’s
6
Exhibit
48.
I’ve
located
those
photographs.
7
A.
Okay.
8
Q.
But
first
of
all,
I’ve
highlighted
a
portion
9
of
the
narrative
to
assist
you
in
giving
your
10
testimony.
Can
you
please
read
in
this
paragraph
11
starting
with
--
I
guess
starting
with
thern
beginning
12
of the paragraph.
13
MR. NORTHRUP:
I’m sorry,
what
is
that
14
document?
15
MS.
SYMONS-JACKSON:
It’s
Exhibit
48.
16
A.
“Inspection
log.
The
author
proceeded
to
17
investigate
east
of
the
previous
working
day
area
and
18
along
the
upper
northern
rim
of
the
hole
where
a
19
permitted
nonwaste
disposal
area
is
located.
This
20
author
observed
uncovered
refuse
along
the
upper
north
21
rim.
See
photographs
7
and
8.
Uncovered
refuse
was
22
also observed above
this area and to the north and
23
west.
See photographs
9 through
13.
This author
24
proceeded
to
descend
into
the
hole
and
observed
CAPITOL
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723
1
scattered
litter
along
the
western
slope
of
the
hole.
2
See photographs
14,
17,
18.
At the bottom of the hole
3
this author observed
litter standing
in the water
and
4
scattered
around
the
northern
portion
of
the
hole.
5
See
photographs
15,
16,
19,
36.”
6
Q.
That’s
all
you
need
to
read
then.
7
So
according
to
this
narrative
description
there
8
was
indeed
refuse
and
standing
water
at
the
bottom
of
9
that
hole.
Would
you
agree
with
that?
10
A.
It
says
the
northern
rim.
I
would
consider
11
that
the
top
side
of
it.
12
Q.
Well,
as
you
read
on,
it
indicated
he
13
descended
into
the
hole
and
there
was
standing
water
14
at
the
bottom
of
the
hole?
15
A.
Well,
yeah,
there
was
water
in
the
bottom
16
with
scattered
litter,
uh-huh.
17
Q.
Were you aware
of the litter
in the standing
18
water
at
the
bottom
of
that
hole?
19
A.
There was litter
in there.
Whenever
it blew
20
hard,
it was
a natural attraction
for
it,
and as
it
21
went
into
the hole,
it was taken out as soon
as
22
possible,
uh-huh.
23
Q.
Were you aware
of the uncovered refuse
along
24
the northern rim and along the sides
of that hole
that
CAPITOL
REPORTING
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SPRINGFIELD,
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217-525-6167
724
1
he
describes?
2
A.
No.
I
wasn’t,
not
really.
3
Q.
Do
you
know
when
that
refuse,
the
exposed
4
refuse
was
either
covered
or
moved
and
disposed
of
in
5
the
active
area
of
the
landfill?
6
A.
Say
that
again.
7
Q.
Do
you
know
whether
the
landfill
ever
covered
8
that
exposed
refuse?
9
A.
I’m sure
it
did.
10
Q.
Do
you
know
when?
11
A.
No.
12
Q.
Do
you
know
whether
the
landfill
--
if
they
13
didn’t
cover
the
refuse,
would
they
have
moved
it
and
14
put
it
into
the
active
area
of
the
landfill?
15
A.
Moved
refuse?
You
mean
dig
it
up
and
move
16
it?
17
Q.
No,
just
the
exposed
or
the
scattered
litter
18
that
--
19
A.
Oh,
we’d
pick
it
up.
The
litter?
20
Q.
Uh-huh.
21
A.
We’d
pick
up
the
litter,
yes.
22
Q.
Do
you
know
whether
that
was
done
in
this
23
instance?
24
A.
Was
it
done
at
the
time
of
this
inspection?
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1
Obviously,
it doesn’t
look
like
it.
It was done
2
daily,
though,
or semi
-
-
whenever
it
needed
it,
it
3
was done.
4
Q.
Do
you
have
any
personal
knowledge
of
when
5
the
landfill
removed
the
litter
from
the
bottom
of
6
this
hole
and
properly
disposed
of
it
in
the
active
7
area
of
the
landfill?
B
A.
Along
the water
line or whatever?
Yeah,
I
9
saw
them
do
it
many
times.
10
0.
In
response
to
this
particular
observation
11
on
--
12
A.
February
14th.
13
Q.
--
February
14,
do
you
know
when
they
removed
14
that
litter?
15
A.
If
it
was
brought
up
by
Ron
Mehalic
at
this
16
inspection,
he
talked
with
Joe
Chenoweth
it
says.
17
assume
they
got
on
it
that
day
or
whenever
they
could,
18
as
soon
as
they
could.
19
Q.
That’s
just
your
assumption?
20
A,
Sure.
21
Q.
You
don’t
recall
actually
observing
anybody
22
do
that
work?
23
A.
On
this
particular
time?
24
0.
Right.
CAPITOL
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1
A.
No,
I couldn’t
say.
2
Q.
Now,
this
hole
we’re
talking
about,
the
3
nonwaste
disposal
area,
what
is
the
surface
area
of
4
that
impoundment?
5
A.
The
nonwaste
disposal
area?
6
Q.
Uh-huh.
7
A.
I believe
it’s 120 by
30,
something
like
8
that.
Whatever
is
in
that
permit.
Something
like
9
that
10
Q.
Fairly
large
area?
11
A.
Yeah.
It’s
bigger
than
what
we
had
12
originally
thought.
We
--
actually,
when
we
decided
13
to identify
that
area,
we expanded
it
by
20 percent
or
14
whatever
just
to
cover.
15
Q.
I
think
Jim
Kammueller
may
have
actually
16
referred
to
it
as the size
of a football
field?
17
A.
No.
The
nonwaste
area?
18
Q.
Uh-huh.
19
A.
No.
The
size
of
a
football
field
is
300
by
20
40
yards
--
40
feet
or
whatever.
It’s
smaller
than
21
that.
It’s
120.
It’s
a
square
--
rectangular.
It’s
22
like
120 by
40,
something
like that,
or
50.
It’s like
23
a
little
peninsula.
Like
a
little
square
peninsula
24
where
the
haul
road
was.
CAPITOL
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1
Q.
From
the
very
top
of
the
nonwaste
disposal
2
area what
is the area?
Is that what you’re
talking
3
about
or are you talking about
the bottom?
4
A.
Both.
It
doesn’t
matter
top
or
bottom.
I
5
mean
it’s
--
6
HEARING
OFFICER
FRANK:
That’s
not
going
to
7
work
for
the
record.
8
A.
It’s
like
a
rectangular
cube
is
what
it
is,
9
and
it’s
identified
specifically
by
coordinate
points
10
and
size.
11
0.
What
I’m
really
trying
to
find
out,
the
rim,
12
the very top of this
area
--
13
A.
Of
the
nonwaste
area?
14
Q.
Right.
What
is
the
diameter
or
the
area
of
15
that?
16
A.
It’s the same
as
it
is at the bottom
as far
17
as
I know.
It’s
120 by 40
or
50,
whatever.
Butts
up
18
against
the
liner.
19
Q.
So your testimony
is that from the rim,
from
20
the very top of this nonwaste
disposal
area down
to
21
the bottom
it’s just straight
lines
all
the way down,
22
the sides
are straight up and down?
23
A.
It’s
not
straight
lines.
The
one
side
kicks
24
back actually more
than
120
feet because
the liner
is
CAPITOL
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1
laid
back.
When
you
get
to
grade
it
will
be
actually
2
longer,
but
for
the
sake
of
the
argument
it
goes
from
3
the liner
--
the
inside
edge
of
the
liner
in
like
120
4
feet
by
40
feet
or
whatever
the
dimensions
are
in
the
S
permit.
And
basically,
yeah,
it
comes
straight
up.
6
And
we
keep
it
about
three
or
four
feet
above
where
7
we’re
landfilling
all
the
time
so
the
inspector
can
8
identify
it.
9
Q.
Why
was
it
the
landfill
decided
to
develop
10
this
area?
11
A.
We
didn’t
decide.
It
was
an
area
that
was
in
12
question
on
whether
we
could
put
garbage
in
there
or
13
not.
The
only
way
we
were
going
to
go
in
--
we
were
14
going
to
put
garbage
in
there,
anyway.
There
was
some
15
question
as
to was garbage placed there prior
to
16
October
9
of
‘93.
A
big
discussion,
the
Agency
said
17
no,
yes.
It
was
turning
into
a
nightmare.
We
said
18
how
can
we
make
it
so
we
can
take
care
of
the
problem
19
and
identify
the
area
that
wasn’t
supposedly
had
20
garbage
in
it October
9 of
‘93.
That’s exactly what
21
the permit
that we applied
for was to say this
is the
22
area,
and we don’t necessarily
agree with
it,
but we
23
went with the Agency what
they said
in their
24
inspection
reports
as
to
the
nonwaste
area
where
you
CAPITOL
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1
didn’t
have
garbage.
We
wanted
to
identify
that
area.
2
That’s
the
reason
for
that
permit.
Okay?
3
Q.
Now,
isn’t
it
reasonable
to
assume
that
the
4
storm
water
that’s
at
the
bottom
of
this
nonwaste
5
disposal
area
is
in
part
made
up
of
rainwater
that
6
comes
directly
from
the
sky?
7
A.
Sure.
8
Q.
Wouldn’t
it
also
be
reasonable
to
assume
that
9
part
of
that
water
or
material
that
accumulates
at
the
10
bottom
of
this
nonwaste
disposal
area
is
attributable
11
to
runoff?
12
A.
Run-in,
sure.
13
Q.
From
other
portions
of
the
landfill?
14
A.
Run-in,
sure.
15
Q.
Isn’t
it
also
reasonable
to
assume
that
a
16
portion
or
part
of
that
material
at
the
bottom
of
this
17
depression
is
also
due
to
seepage
of
leachate
or
other
18
liquids
from
the
garbage
that’s
been
deposited
all
19
around
this
hole?
20
A.
I
have
no
idea.
When
we
pumped
it
out
and
21
cleaned the silt out that was
in there,
we didn’t
find
22
any garbage.
When we pumped
the water
out and took
23
the silt out,
we didn’t
see any garbage.
24
Q.
I’m
just
asking
if
it’s
reasonable
to
assume
CAPITOL
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1
that
there
is
some
seepage
that
might
come
--
there’s
2
garbage disposed
of
all
around this
area,
right?
3
A.
Sure,
yeah.
4
Q.
And
I’m
just
asking
you
in
your
opinion
as
5
project manager for the
site that
some leachate might
6
have seeped through the sides and into
this liquid?
7
A.
Don’t
know.
Don’t
know.
We
cover
every
8
night,
so
I don’t
know.
9
Q.
Is
there
any
cover
placed
on
this
nonwaste
10
disposal
area
to
prevent
run-in
or
precipitation
from
11
entering
the
area?
12
A.
This
is
dirt.
The
nonwaste
area
is
just
13
dirt.
What
are you asking?
14
Q.
I’m
asking
if
any
efforts
were
made
by
the
15
landfill
to
prevent
water
from
accumulating
in
the
16
bottom?
17
A.
From
running
into
that
hole?
Oh,
yeah,
we
18
bermed around
the outside
of
it.
So basically
all
19
that came
in was
in
that
area.
If you looked
at the
20
hole,
you could see where
it was graded
like this.
So
21
anything
from way outside
here,
basically
the only
22
thing
that went
in there was what
hit in that
area.
23
Okay?
For instance,
if you come off the western
slope
24
of
our
area
where
we’re
done,
it
comes
way
down
and
CAPITOL
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1
then
it
levels
back
off,
comes
across
and
then
it
2
drops
into
that hole.
It’s all graded
so water
--
3
basically
the only water that goes
in there
falls
in
4
there
or
hits
the
sides
and
goes
in
there.
I
mean
it
5
doesn’t
come
from
other
areas
of
the
landfill.
We’re
6
not
diverting
water
into
that
hole,
no.
We’re
7
diverting
it
away
from
it.
8
Q.
Has
any
pumping
of
storm
water
or
other
9
accumulated water taken place
since approximately
10
December
of
1995?
11
A.
I
don’t
think
so.
I
don’t
know
if
we
have
or
12
not.
I
don’t
think
so.
We’ve
got
that
up
pretty
--
I
13
doubt
we’ll
ever pump
in that
area.
I don’t
think
14
we’ll
have
any
more
pump
water
now.
15
Q.
Is
there
still
water
that’s
accumulating?
16
A.
No.
17
Q.
Is there
still
a depression
there?
18
A.
No.
Well,
there’s
a
depression
there.
Is
19
there
water
being
--
accumulating
in
there,
no,
no,
20
huh-uh.
We’re
trying
to
fill
that
area
as
quickly
as
21
we
can
to
prevent
that
from
happening.
22
Q.
I
wanted
to
go
back
and
ask
you
another
23
question
about
the
retention
pond
that
we
were
talking
24
about.
I
think
in
your
earlier
testimony
you
CAPITOL
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1
indicated
that
in
an
attempt
to
divert
water
away
from
2
that retention pond or to divert
storm water
runoff
3
away from
that retention pond you’d built
a ditch
4
or
--
5
A.
Yeah.
6
Q.
Is
that
what
you
called
it?
7
A.
They’re
called
diversion
or
whatever
you
want
8
to
call
it.
A
dirt
structure
to
let
the
water
run
9
away
from
it,
yeah.
10
Q.
Is
that
on
one
of
the
terrace
roads?
11
A.
Well,
yeah.
If
you
looked
at
our
landfill
12
now
and
saw,
you
would
actually
maybe
see,
well,
that
13
looks like
a terrace
road.
Yeah,
you can drive
it
14
now,
correct,
yes.
15
Q.
That’s
on
the
northern
face
of
the
landfill?
16
A.
Northwest
corner,
yeah.
17
Q.
When
was
that
diversion
built?
18
A.
That
summer.
It
was
after
we
had
put
that
19
fence
up.
20
Q.
So
summer
of
‘95?
21
A.
Yeah,
uh-huh.
Summer,
fall.
It
took,
you
22
know,
through
--
the reports
that we had on that
area,
23
we
started
in
June
and
ended
up
like
in
November,
so
24
there
was
always
work
being
done
over
there.
CAPITOL
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1
Q.
You
indicated
I
think
in
response
of
one
of
2
Mr. Northrup’s
questions
that
that diversion
that you
3
built
had been successful
in diverting
storm water?
4
A.
A
lot
of
it,
yeah,
yeah.
We
don’t
get
near
S
the
water
in
that
retention
pond
that
we
used
to
I
6
don’t
think.
7
Q.
I
want
you
to
take
a
look
at
People’s
Exhibit
8
13,
which
is
an
inspection
report
prepared
by
Jim
9
Kammueller
February
9,
1996.
By
February
9,
1996
that
10
diversion
would
have
been
built,
correct?
11
A.
Oh,
it
was,
yeah.
12
Q.
I’m going
to have you look
at photographs
32
13
and 35
--
well,
let’s
see.
32
and
33,
sorry.
Looking
14
at
photograph
32,
there
looks
to
be
what
I’m
referring
15
to
as
the
terrace
road
through
the
middle
of
the
16
photograph
and
also
in
photograph
31?
17
A.
Yeah,
right
here,
correct.
lB
Q.
Okay.
You’d agree with that?
19
A.
Yeah.
20
Q.
Then looking
at photograph
33,
to the right
21
of the middle
of the photograph
there
looks
to be
-
-
22
A.
Looks
like
a washout.
23
Q.
Right.
Where water appears
to be discharging
24
from
that diversion
into
that retention
pond.
Would
CAPITOL
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217-
525-6167
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1
you
agree
with
that?
2
A.
Yeah,
uh-huh.
3
Q.
Can
you
describe
or
would
you
agree
that
this
4
-
-
the
water
that
is
on
this
diversion
or
the
terrace
5
road
appears
to
be
fairly
muddy
in
that
photograph?
6
Would
you
agree
with
that?
7
A.
Sure.
B
Q.
And
that’s
the
water
that’s
discharging
into
9
the retention pond?
10
A.
Not
directly,
but
it
will
get
there
sooner
or
11
later,
yeah,
uh-huh.
12
0.
So
would
it
be
fair
to
say
that
this
13
diversion
that
you
installed
in
mid
to
late
1995
has
14
not
been
entirely
successful
in
diverting
storm
water
15
runoff
from
the
retention
pond?
16
A.
Exactly.
That
diversion
needs
maintenance
17
all the time.
You can’t maintain
--
that
picture
was
18
taken
in
February.
There’s
no
way
that
you
could
get
19
in
there
to
maintain
that
area
at
that
time
of
the
20
year.
Obviously,
it’s
awful
muddy.
The
first
chance
21
--
I
mean
if
that
was
there,
I’m
sure
it’s
been
fixed
22
as soon
as possible you could get
in there to fix
it.
23
But,
yeah,
you’re right.
There was water going
into
24
there
at
that
time.
CAPITOL
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735
1
Q.
Do you recall observing
this
in February of
2
1996?
3
A.
I
don’t remember
seeing that,
no.
I don’t
4
recall
--
I don’t
think
I went with Jim on that
5
inspection.
6
Q.
And you have
not dredged
that retention pond
7
since 1995,
right?
8
A.
I
spoke with Elmer about
that the other
day.
9
I believe
he has cleaned
it,
he told me.
I’m
not
10
personally
aware
of
it being cleaned,
but
I believe
it
11
has been,
from what our operations
guy told me.
He
12
said
he thought he’d cleaned
it
a couple
times
since
13
we put that
--
since the fence went
in?
14
Q.
Yes.
15
A.
I think
it’s been cleaned
a time
or two since
16
then,
yes.
17
Q.
When you say it’s been cleaned
a time or two
18
since
then,
do you mean actually dredging
it
like you
19
did
--
20
A.
Not like we did that time,
no.
You can’t do
21
that
again because we’d
lose the fence
and everything.
22
Q.
What
would be involved
in cleaning out
the
23
pond?
24
A.
Taking any of the silt that’s
out
of
there.
CAPITOL REPORTING SERVICE,
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1
Q.
How would
he
do that?
2
A.
Just drop
the 400 bucket
down
in there
and
3
take whatever
silt’s
in
there.
That water
is fairly
4
deep now
so it’s hard
to judge how much silt would
be
5
in there,
if
any.
6
Q.
Do you know how deep
that retention pond is?
7
A.
Based
on
those pictures,
I’d say eight
feet
8
maybe.
I
don’t
know.
Seven or eight
foot.
It
9
depends
on how much
silt’s
in the bottom
of
it,
I
10
guess.
11
Q.
Now,
I’ve got
a
--
we were
talking before
12
about
the fence that’s
in
this retention pond
that you
13
installed
in
1995.
14
A.
It’s
not
in
it.
It’s
on the outside
of
it,
15
to the south
of
it.
16
Q.
Referring
again
to People’s Exhibit
13,
this
17
time
to photograph
26,
the pond
--
the retention
pond
18
is
shown
in the upper right-hand portion
of the
19
photograph
and there
appears
to be
a fence going
20
through the middle
of that pond.
Is
that
--
21
A.
Yeah,
that’s
a
little
backed-up
water
that’s
22
in there right
now,
correct.
IJh-huh.
23
Q.
Is that
fence
--
that
fence
was
installed
to
24
your
knowledge
--
CAPITOL
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1
A.
That’s
the
one
we
installed.
2
Q.
--
to
your
knowledge
at
the
property
line.
3
What you assumed to be the property
line?
4
A.
To
the
best
of
my
knowledge,
yeah.
5
Q.
Okay,
Steve,
I
want
to
ask
you
just
a
couple
6
questions
about
response
to
complaints
you
might
7
receive
at
the
landfill.
8
A.
tlh-huh.
9
Q.
You
indicated
that
you
or
whomever
else
might
10
be
in
the
office
at
the
landfill
would
take
a
11
complaint
called
in
by
a
citizen
or
a
neighbor?
12
A.
Sure,
uh-huh.
13
Q.
Do you
as the project
manager get involved
in
14
responding
to
those
complaints?
15
A.
On
occasion
I
do,
yeah.
16
Q.
Whose
responsibility
is
it
to
ensure
that
17
those
complaints
are
responded
to?
18
A.
Elmer
Elliott,
Steve
Crothus,
Nicole
19
Wuestenberg,
Tom
Jones,
Jim
Watts,
Jerry
Eilers.
20
Q.
Are
you
indicating
just
whoever
might
be
out
21
there
and
whoever
might
take
the
call?
22
A.
Any management
personnel
that would be
23
around.
They
better
be,
yes.
24
Q.
There’s not one member of the management
team
CAPITOL
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738
1
for
ESG
Watts
that
is
designated
as
the
point
person
2
to respond
to citizen complaints?
3
A.
Not
specifically,
no.
4
Q.
Now,
have
you
ever
taken
a
complaint
from
Joe
5
Whitley?
6
A.
Sure.
7
Q.
How
many
times
would
you
say
Joe
Whitley
has
B
called
the
landfill
to
make
a
complaint?
9
A.
Tome?
10
Q.
Yes.
11
A.
Oh,
I’ve
talked
to
him
a
half
a
dozen
times
12
maybe,
maybe
more.
I
don’t
know.
I
don’t
recall.
13
Who knows.
14
Q.
Over
what
time
period?
15
A.
Since
I’ve
been
there,
I’ve
probably
talked
16
to
him
a
dozen
or
two
times
on
the
phone.
I
don’t
17
recall.
Not
all
of
them
were
complaints.
I
mean,
you
18
know.
19
Q.
What
about
the
other
neighbors,
for
example
20
Mr.
or Mrs.
Siebke,
Wayne Siebke?
21
A.
Yes.
I’ve talked
to Wayne maybe
a dozen
22
times
over the years.
23
Q.
And would you agree that
a majority
of
the
24
calls
from Mr.
Siebke
or Mrs.
Siebke are in reference
CAPITOL
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1
to
the
drainageway
that’s
on
their
property
2
becoming
--
3
A.
No.
I’ve
never
talked
to
Mrs.
Siebke.
4
Q.
Let
me
finish
my
question,
okay?
5
A.
Sure.
6
Q.
I
was
asking
you
if
the
number
of
calls
from
7
the
Siebkes,
either
Mr.
or
Mrs.
Siebke,
were
in
8
relation
to
the
drainageway
on
their
part
of
--
on
9
their
property
becoming
filled
with
refuse
from
the
10
landfill?
11
A.
The
majority
of
the
time
that
I
have
talked
12
to
them?
13
Q.
Uh-huh.
14
A.
No.
15
Q.
Have
you
taken
any
calls
from
them
that
have
16
had
to
do
with
--
17
A.
Sure.
18
Q.
--
the
refuse
in
their
drainage
ditch?
19
A.
Yes,
uh-huh.
20
Q.
Now,
when Mr. Whitley has called with
a
21
complaint
and you’ve
taken
the call,
what
has the
22
complaint
or what
have
the complaints
been?
23
A.
The last major complaint
I
got
from
Mr.
24
Whitley was taking care
of that
fence.
CAPITOL
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740
1
Q.
And
when
was
that?
2
A.
Prior
to
June
of
‘95.
It
was
before
that,
3
you
know.
Shortly
thereafter,
I
think
he
was
down
4
there when we decided what
we were going
to do on that
S
fence.
6
Q.
You
don’t
recall
taking
a
phone
call
from
Mr.
7
Whitley
just
earlier
this
year
--
8
A.
I
may
have.
9
Q.
--
regarding
the
gas
wells
remaining
uncapped
10
or
uncovered
for
a
period
of
four
or
five
days
over
a
11
long
weekend?
12
A.
I don’t
recall.
That’s
impossible,
though,
13
no.
I
don’t
recall
him
making
the
phone
call,
no.
14
don’t
recall.
He
may
have.
I
don’t
know.
15
Q.
Have any other
of ESG Watts’
employees
told
16
you
that
they
took
such
a
call
from
Mr.
Whitley?
17
A.
I
think
I
heard
from
people
that
there
were
18
holes
left
uncovered
or
something,
and
I
said
that’s
19
impossible.
They
won’t
--
you
can’t
leave
holes
like
20
that
uncovered.
That’s
ridiculous.
21
Q.
Who
did
you
hear
from
that
they
had
been
22
left
--
23
A.
Might
have been Joe Chenoweth or something
24
like
that,
maybe
Elmer.
I
don’t
recall.
But
they
CAPITOL
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1
made
a
mention
to
me
because
--
I
think
it
was
Joe
2
because
--
I
may have heard something
from him,
3
because
I
told
him,
I
said,
“Joe,
you
don’t
leave
4
holes
uncovered.”
That’s
what
those
plates
are
for.
5
That’s
impossible
that
four
or
five
holes
was
left
6
uncovered.
If
someone
said
that
to
me,
I’d
blow
it
7
off
and
walk
away
because
I
know
they
don’t
know
what
8
they’re
talking
about,
9
Q.
As
project
manager
whose
responsibility
is
10
ensuring
compliance
with
permits,
you
would
not
go
out
11
to
the
location
where
they
claim
the
holes
to
be
12
uncovered
and
check?
13
A.
No way.
14
Q.
You
would
just
blow
it
off?
15
A.
I
would
blow
off
a
complaint
like
that
16
because
it’s
ridiculous.
I
know
the
drillers;
I
know
17
their
procedures.
You
can’t
have
four
or
five
holes
18
uncovered
at
one
time,
anyway.
It
doesn’t
make
sense.
19
It’s
impossible.
It
just
is
--
it’s
very
extremely
20
unlikely,
and
it
never
happened
at
our
site.
21
Q.
So
if
you
--
22
A.
Drilling
those
wells.
23
0.
If you receive
a complaint
from say
a
24
neighboring
citizen
and
in
your
opinion
that
complaint
CAPITOL
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742
1
is
impossible
or
ridiculous,
do
you
not
then
2
investigate
or
respond
to
that
complaint?
3
A.
I
would
tell
them
that’s
ridiculous.
I’d
4
tell
them
straight
up
it
doesn’t
make
sense.
No,
5
that’s ridiculous.
In fact,
I would invite
them over.
6
I
mean
if
they
were
persistent
enough,
I’d
say
let’s
7
go
check
it
out,
you
know.
Do
something
like
that.
8
Sure,
I’d
do
that.
But
that’s
impossible.
I
mean
9
it’s
not
impossible.
It’s
extremely
improbable.
That
10
doesn’t
happen.
11
MS.
SYMONS-JACKSON:
Those
are
all
the
12
questions
I
have.
13
HEARING OFFICER
FRANK;
Mr.
Northrup.
14
REDIRECT
EXAMINATION
BY
15
MR.
NORTHRUP:
16
Q.
Let’s
talk
about
these
gas
management
--
the
17
drill
holes.
18
A.
Uh-huh.
19
0.
You’ve
been
present
when
they’ve
been
20
drilled?
21
A.
A
lot
of
them.
Not
every
single
one,
no,
but
22
a lot
of
them,
yeah.
23
Q.
What
is
the
--
what’s
the
sequence
and
how
do
24
they
drill
the
holes?
CAPITOL
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743
A.
In
a
nutshell,
they
drill
to
a
predetermined
depth,
okay,
whatever
was
on
the
engineering
spec.
Once that’s done,
they immediately
set the pipe
up,
okay,
for
the
well,
and
--
Q.
The
casing?
A.
The
pipe.
The
HDPE.
And
they
usually
measure
a
--
if
it’s
a
90-foot
well
and
we
had
I
believe
it
was
two-thirds,
one-third,
they’d
set
it
up
for
the
perforated
and
the
solid,
get
that,
and
then
they’d
proceed
to
set
the
well,
backfill
it
immediately,
get
the
well
installed
to
grade
as
quickly
as
possible.
Q.
Did they ever
--
to
your
knowledge
did
the
drillers
ever
have
more
than
one
hole
open
at
a
time?
A.
Uncovered
at
a
time?
Q.
No,
first,
did they ever have any
--
A.
Did
they
have
two
drilled
at
one
time,
completed?
Q.
Right.
A.
Yeah.
Q.
How often would that happened?
A.
Not
very
often.
I
know
of
one
instance
it
happened.
Q.
When was that?
CAPITOL
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217-
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1
2
3
4
5
6
7
S
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
744
1
A.
I
don’t
--
sometime
during
the
--
I
don’t
--
2
September
or August.
I don’t
recall.
But
I know
it
3
happened
once,
yeah.
4
Q.
What
was
their
practice
with
respect
to
5
covering
those
holes?
6
A.
Get
the
hole
set,
placed
and
filled
ASAP.
7
That
was
number
one.
8
0.
What
would
happen
if
late
in
the
day
and
it
9
appeared
that
you
were
going
to
have
to
stop
because
10
of
darkness
or
whatever
and
there
was
an
open
hole?
11
What
would
you
do?
12
A.
They’d put
a plate over
it,
steel plate.
13
Q.
why
would
they
put
a
plate
over
it?
14
A.
Safety.
15
0.
How
big
are
these
holes?
16
A.
36
inches
in
diameter.
17
0.
People
working
around
these
holes?
18
A.
Yes.
19
0.
What
would
happen
if
somebody
fell
in
one
of
20
these
holes?
2.
A.
You would
die.
22
0.
Why
is
that?
23
A.
There’s
no air.
24
Q.
To
your
knowledge
were
any
of
these
holes
CAPITOL
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217-
525-6167
745
1
ever
left
uncovered?
2
A.
Uncovered?
3
Q.
At the end of
a day?
4
A.
Uncovered?
Unplated?
5
Q.
Unplated.
6
A.
No,
not
to
my
knowledge.
7
Q.
When
did
the
--
when
did
the
installation
of
8
this
system
begin?
9
A.
I
believe
sometime
in
July,
I
think,
10
something
like
that.
Ran
from
July
to
around
11
September,
maybe
October.
12
Q.
Is
it
complete
now?
13
A.
The
drilling?
14
Q.
The
drilling.
15
A.
For
now,
yeah.
16
Q.
Is
it
your
job
at
the
landfill
to
personally
17
respond
to
citizen
complaints?
18
A.
Part
of
it.
Not
totally,
no,
19
Q.
Let’s
go
back
to
the
‘95
dredging
of
the
20
Whitley retention pond.
You said you excavated
40
to
21
50
truckloads?
22
A.
Haul truckloads.
23
0.
Haul truckloads?
24
A.
Uh-huh.
CAPITOL
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1
Q.
Now,
was
all
that
material
silt?
2
A.
Not all.
There
was
a
little bit of
tree
3
limbs
and
junk
down
at
the
bottom
if
I
recall
right.
4
Q.
How
large
of
an
area
did
you
excavate
out?
5
A.
Geez,
I
don’t
know.
Guesstimate,
150
by
30
6
maybe
or something
like
that.
7
Q.
How
close
did
you
get
to
Whitley’s
dike?
8
A.
Right
up
against
it.
9
Q.
The
fence
that
was
constructed
in
that
area,
10
was
that
surveyed
in?
11
A.
No,
it
was
not.
12
Q.
How
did
you
arrive
at
the
location
of
the
13
fence?
14
A.
Joe
and
I
talked
about
that
and
I
--
15
Q.
Joe?
16
A.
Joe
Whitley
and
I
talked
about
that
and
I
17
told
him
I
wasn’t
sure
where
the
property
line
was,
18
but
for
the
sake
of
the
fence
and
for
the
sake
of
19
doing
this,
I’ll
drop
a
line
from
the
corner
to
where
20
--
from
the
northwest
corner
exact
of
the
landfill
21
where
the
fence
is
that’s
existing
to
a
part
of
the
22
fence
that was down
a ways near
the clustered
wells
we
23
have
there
and
we’ll
just
put
a
line
across
there
and
24
put
the
fence
right
on
that
line.
He
said
--
CAPITOL
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1
everybody
agreed
that’s
close
enough.
That’s
what
we
2
did.
3
Q.
When
the spoils
from
the drilling with
4
respect
to
the
gas
management
--
installation
of
the
5
gas
management
system,
when
those
spoils
would
be
6
brought
up
and
put
on
the
ground,
did
those
have
an
7
odor?
B
A.
Yes.
9
Q.
What’s
that odor
like?
10
A.
Garbage,
rotten
garbage.
11
Q.
Is
that
the
same
odor
that
you
would
smell
12
emanating
from
the
hole?
13
A.
No, not really.
Different.
14
Q.
And
what’s
the
difference
between
those
two
15
odors?
16
A.
In
comparison
to
like
diesel
and
gas,
I
17
guess.
I
don’t
know.
I
don’t
know.
Definitely
a
18
different
odor
between
the
two,
you
know,
a
little
bit
19
different.
But
to
describe
it
like
rotten
eggs
or
20
something,
it wasn’t
rotten eggs necessarily.
21
Q.
In your meeting with the Agency with respect
22
to the Sig Mod that was held back
in August,
did they
23
request
that
Watts
notify
them
prior
to
any
24
resubmittal
of
the
Sig
Mod?
CAPITOL
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748
A.
that
we
submitt
Keith.
0.
A.
Q.
A.
0.
A.
No.
The
only
thing
we
--
I
thought
we
agreed
would
have
another
meeting
prior
to
the
al
and
that
Steve
would
set
that
up,
Steve
Did
that
meeting
happen?
No,
I
don’t
believe
it
did.
Do
you
know
if
a
meeting
was
requested?
By
us?
By Watts.
No,
I don’t
think
so.
I believe
--
check
that.
I
think
maybe
Steve
set
one
up
and
then
we
decided
not
to
have
it
because
we
weren’t
prepared
for
it.
Steve
Keith.
I
believe
he
did
set
one
up
later
on,
but
we
decided
not
to
have
it
for
one
reason
or
another.
I
don’t
recall
what
it
was.
I’m
not
sure
about
that.
Q.
Let’s
talk
about
the nonwaste disposal
area.
Why
didn’t
you
just
leave
it
the
way
it
was?
A.
It
was
a
landfilling
problem,
potential
a
--
could
be
a
water
problem
down
the
road.
It
was
just
a
bad
situation
all
the
way
around.
0.
Any safety concerns?
A.
Yeah.
You
could
slide
in
there
or
a
truck
could.
Yeah.
You
don’t
want
standing
water
anywhere
CAPITOL
REPORTING
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SPRINGFIELD,
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217-525-
6167
1
2
3
4
5
6
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9
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21
22
23
24
749
1
like
that.
Sure.
2
Q.
And
do you recall when you applied
for that
3
permit?
4
A.
No,
I
don’t.
5
Q.
I
think
you
indicated
that
the
pumping
6
occurred
over
a
period
of
three
to
four
months.
7
A.
Yeah.
8
Q.
Okay.
How
often
were
you
pumping
during
that
9
period?
10
A.
We
would
usually
pump
for
at
least
like
a
11
24-hour
period
due
to
the
cost
of
the
analysis.
You
12
know,
it was set up that you had to pump
so
often.
So
13
if
we’re
going
to
pump,
let’s
pump
the
maximum
we
can
14
for
the
amount
of
samples
like
we
would
have
to
take,
15
you
know.
It
didn’t
make
sense
to
pump
for
two
hours
16
one
day
and
two
hours
the
next
day.
That’s
two
17
sampling
events.
So
we
wouldn’t
do
it
that
way.
But
18
as
the
water
went
down
and
as
we
brought
the
nonwaste
19
disposal
area
out,
there
was
silt
in
there,
and
we’d
20
take
that
silt
out,
and
then
the
water
--
you
know,
we
21
were trying
to just shrink that pond
as best
we could.
22
So it might be
a
couple
of weeks before
we’d pump
23
again.
I had pictures
if you wanted to show how we
24
did
it.
CAPITOL
REPORTING
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SPRINGFIELD,
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217-525-6167
750
Q.
So you were not pumping every day for that
three
or
four
month
period?
A.
No,
no.
Q.
What would be the frequency
of
the pumping?
A.
Maybe
once
a
week.
I
don’t
know.
To
start
out
with.
We
pumped
a
few
days
in
a
row,
though,
I
do
remember
that,
to
see
where
we
were
at.
Q.
I
think you testified
Jim Kammueller was
present
at
least
on
some
of
those
occasions?
A.
I
don’t
know
if
he
was
--
I
think
we
pumped
and
then
we
called
or
he
called.
He
called,
showed
up
after
this,
and
said
you
should
do
this,
this,
and
this.
He
didn’t
like
the
way
our
setup
was,
so
we
did
what
he
asked
us
to
do.
Q.
What were
some
of those
things
that you did?
A.
He
suggested
we
run
the
hose
all
the
way
to
the discharge
pond instead
of like halfway.
Okay?
Q.
And did you do that?
A.
Yeah.
We
went
out
and
bought
hose.
Q.
What
else did he suggest?
A.
He
suggested
to
put
siltation
fences
all
the
way
down
where
the
sock
from
the
--
he suggested
a
sock
at
the
end.
Q.
Did
you
put
a
sock
on?
CAPITOL
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SPRINGFIELD,
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217-525
-6167
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5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
751
1
A.
Yes,
we
did.
Then
he
suggested
a
series
of
2
siltation
fences,
this
and
--
he
even
suggested
to
put
3
some down
into
Mr.
Siebke’s
area,
which we
did.
We
4
did
a
lot.
Basically
what
he
told
us
to
do.
5
Actually,
he
was
pretty
helpful
in
that,
yeah.
6
0.
And
what
was
the
--
were you continuously
7
sampling
as
you
discharged?
8
A.
As
we pumped we sampled
as
we were supposed
9
to,
three
equal
outputs
in
the
amount
of
time.
We
10
tried
to
time
it
out,
you
know,
like
eight
hours,
so
11
we
knew
when
we
had
to
sample,
you
know,
timewise.
We
12
explained
all that
to Jim and showed him how we were
13
doing
it,
the
sampling.
14
Q.
Did
you
submit
that
sampling
to
the
Agency?
15
A.
As
far
as
I
know,
it
was,
yeah,
the
DMRs,
16
yes.
17
Q.
Oh,
it would have been on the DMRs?
lB
A.
Yeah.
The
tracking
of
how
we
sampled
and
19
times.
I
think
we
gave
him
that
separately,
I
20
believe.
He
saw
that.
But
that’s
not
a
part
of
the
21
DMRs.
22
0.
During
this
three-
to
four-month
period
was
23
it just one time that Jim Kammueller
was there?
24
A.
I
think
he
made
a
couple
trips
out
during
CAPITOL
REPORTING
SERVICE,
INC.
SPRINGFIELD,
ILLINOIS
217-525-6167
752
1
that
period
of
time.
2
Q.
Now,
is
water
accumulating
in
the
nonwaste
3
disposal
area
currently?
4
A.
No.
It
can’t.
5
Q.
Why
not?
6
A.
It’s
mounded.
7
Q.
I’m
sorry?
B
A.
It’s
mounded.
It’s
--
I
mean
it
just
--
it’s
9
higher
than
everything
else
around
it.
We
keep
it
up
10
above
where
we’re
at.
1.
Q.
I
believe
you
testified
that
if
you
received
12
a
citizen
complaint
that
you
felt
was
ridiculous,
you
13
wouldn’t
respond
to
it?
14
A.
Yeah.
If
the
sky
is
falling,
exactly.
15
Q.
Any
idea
how
many
times
you
would
have
not
16
responded
to
a
citizen
complaint?
17
A.
No.
I
usually
responded
to
all
of
them.
I
18
mean
the
ones
that
I
got.
I’d
look
into
it.
A
lot
of
19
them
were
--
I
mean
I
did
have
ridiculous
ones,
yes.
20
0.
Do you still have Exhibit
13
there?
21
A.
Is
that the inspection
report?
22
Q.
Yeah.
It’s
an inspection
report.
23
A.
Oh,
it would be this
one.
Here’s
13,
yeah.
24
Q.
Let
me
see that
for a minute.
Let me show
CAPITOL
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217-525-6167
753
1
you
--
I
think
you
already
testified
about
photograph
2
number
26.
3
A.
Uh-huh.
4
Q.
On
the
left-hand
side
of
the
picture
there
S
appears
to
be
a
road
and
then
a
slope?
6
A.
Right
7
Q.
What
is
that
road?
Is
that
the
diversion
B
structure?
9
A.
Yeah.
Yeah,
it’s
an
access
road
around
the
10
site
that
we
put
in
there
to
help
divert
so
the
only
11
--
basically,
you
know
--
it
was
down
here
before,
and
12
as you can see,
that doesn’t
--
13
0.
Down
at
the
bottom
of
the
slope?
14
A.
Yeah.
And
that
didn’t
make
sense.
You
want
15
to get
it
up there
a ways
from
that.
Hopefully
it
16
will
divert
all
the
way
this
way.
Now,
the
water
that
17
you
see
that
would
come
around
that,
you
see
siltation
18
fences
and
stuff
to
keep
the
silt
down
that
does
19
actually make
the
turn,
but
it will be going way past
20
here.
21
Q.
So there are siltation
fences here?
22
A.
Yeah,
there’s
one
right
here.
There’s
one
23
right
here.
24
HEARING OFFICER
FRANK:
Right
here?
CAPITOL
REPORTING
SERVICE,
INC.
SPRINGFIELD,
ILLINOIS
217-525-6167
754
1
A.
Oh,
excuse
me.
Center
of
the
photograph
at
2
26
moving from
the center
left
side
to the center
3
right
side
of the picture you can see
a chain,
I guess
4
you would call
it,
of siltation
fences
that were
5
installed.
6
Q.
Are
there
any
other
siltation
fences
in
that
7
area
that
do
not
appear
on
that
photograph?
8
A.
Yeah,
I’m
sure
there
is.
There’s
a
lot
of
9
them
down
there
in
that
area.
10
Q.
Take
a
look
at
photo
25.
What’s
that
a
11
picture
of?
12
A.
Those
are the siltation
fences
that we’re
13
referring
to
in
26.
It’s
a
better
picture,
actually.
14
Q.
What’s
the
description
of
25?
15
A.
View
south
at
001
--
I
don’t
know
what
that
16
is
--
flow
just
downstream
of
photograph
number
24.
17
Q.
Could
001
be
the
permitted
discharge
from
the
18
NPDES?
19
A.
No,
not
at
all.
20
0.
What’s
the
purpose
of
the
siltation
fences
in
21
that
photograph?
22
A.
Well,
this
--
23
Q.
I guess are there
siltation
fences
in that
24
photograph
number
25?
CAPITOL
REPORTING
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217-525
-6167
755
1
A.
Oh,
yeah,
uh-huh.
2
Q.
How many?
3
A.
One,
two,
three that
I can identify
clearly.
4
Q.
Where are those
located
in the
--
5
A.
Top
left-hand
corner.
6
Q.
What’s
the
purpose
of
those?
7
A.
To
keep
siltation
from
running
down
into
that
8
area
towards
that
retention
pond
--
Mr. Whitley’s
9
retention pond area.
10
Q.
Do
you
have
any
idea
when
you
would
have
11
installed
those
fences?
12
A.
They
look
fairly
recent
to
me
because
of
the
13
amount
of
material
in
front
of
them.
I
mean
not
that
14
much
material
in
front
of
them.
You
need
to
do
that
15
time
of
the
year
because
of
--
you
can’t
get
--
it’s
16
extremely
hard
to
get
equipment
in
there,
it’s
so
17
muddy
and
that,
so
temporary
fixes
that
time
of
the
18
year
when
you
can’t
do
a
permanent
you
do
siltation
19
fences
and
that’s
probably
why
that
was
done.
20
Q.
Why don’t
you take
a look
at photograph
28.
21
A.
Uh-huh.
22
Q.
Are
there
siltation
fences
in
that
23
photograph?
28.
24
A.
Oh,
28.
Yeah.
Definitely.
CAPITOL
REPORTING
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SPRINGFIELD,
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217-525-6167
756
Q.
Okay.
Who would have installed
those
fences?
A.
People
at
the
land
--
Joe
Chenoweth
or
one
of
his
designees,
a
couple
laborers,
whoever,
people
at
the
landfill.
MS.
SYMONS
-
JACKSON:
I’m going
to object.
think
the
witness
is
pointing
out
questions
or
suggesting
questions
to
counsel.
HEARING
OFFICER
FRANK:
Q.
Take you back
to photo
33.
Sustained.
You
indicated
that
that
depicted
a
washout?
A.
32.
Q.
33.
A.
Oh,
33,
yeah.
washout
there,
uh-huh.
It
looks like there was
a
Q.
Now,
did Watts
have any
repair
washouts
such
as
that?
A.
That
would
be
silt
fenced.
Q.
And who would have
done that?
procedure
in
place
to
A.
Joe
Chenoweth
or
one
of
his
designees,
one
of
the
laborers
at
the
site.
Q.
Have you ever responded
to complaints
by Mr.
Siebke?
A.
Yes.
0.
What
have
you
done?
I
guess
I
should
first
CAPITOL
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INC.
1
2
3
4
5
6
7
8
9
I
10
11
12
13
14
15
16
17
lB
19
20
21
22
23
24
SPRINGFIELD,
ILLINOIS
217-525-6167
757
1
say
what
were
--
what
was
the
complaint
or
complaints?
2
A.
He was having an erosion problem that
he
3
attributed
to where
we were discharging
001 down near
4
his
road
where
his
driveway
is
that
goes
out
onto
5
Highway
92.
6
0.
Did you respond
to that?
7
A.
Yes.
B
Q.
What did you do?
9
A.
We
took
a
dozer
down
there,
brought
out
--
10
widened
it,
straightened
it,
I
believe
put
some
11
erosion
things
in
there
like
siltation
fences,
things
12
like
that,
tried
to seed
it down
for him,
make
it
so
13
that
wouldn’t
happen.
It
was
starting
to
eat
away
14
towards
his
driveway,
and
we
went
down
and
at
his
15
direction
we
did
what
he
asked
us
to
do.
16
Q.
If Mr.
Siebke complained
of garbage
or litter
17
in
his
drainageway,
would
you
consider
that
a
18
ridiculous
complaint?
19
A.
No,
not
at
all.
20
0.
If
Mr.
Whitley
complained
of
silt
running
21
into
the
retention
pond,
would
you
consider
that
a
22
ridiculous
complaint?
23
A.
Not
at
all,
no.
24
MR.
NORTHRUP:
I
don’t
have
any
further
CAPITOL
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217-525-6167
758
1
questions.
2
HEARING OFFICER
FRANK:
Ms.
Symons-Jackson.
3
RECROSS-EXAMINATION
BY
4
MS.
SYMONS-JACKSON:
5
Q.
Just
real
quick.
I
think
you
indicated
that
6
all
your
sampling
for
the
NPDES
permit
was
sent
to
is
7
it
Beling?
B
A.
As
far
as
I
know
of,
yeah.
9
Q.
Would
that have been the case with the first
10
NPDES
permit
that
was
issued
in
1986?
11
A.
I
don’t
know.
Couldn’t
tell
you.
12
Q.
You
had
two
sample
points
under
that
permit?
13
A.
Correct.
14
Q.
001
and
002?
15
A.
Uh-huh.
16
Q.
And
that
permit
was
or
you
were
operating
17
pursuant
to
that
permit
until
the
new
permit
was
lB
issued
just
earlier
this
year,
right?
19
A.
Uh-huh,
uh-huh.
20
Q.
And prior
to issuance
of this new permit
were
21
you sending
samplings
from
001 and 002
to Beling
for
22
analysis?
23
A.
If
there was
a discharge,
we would have been,
24
sure.
CAPITOL
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SPRINGFIELD,
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217-
525-6167
759
1
0.
Do
you
know
what
the
cost
of
a
month’s
2
sampling and analysis would be from Beling?
3
A.
For
NPDES?
4
Q.
tjh-huh.
5
A.
If
we
pumped
30
days,
it
would
be
extremely
6
expensive.
If
we
pumped
once
--
I
mean
it
depends
on
7
how
many
you
send
in.
B
Q.
Did
you
only
take
samples
if
you
were
9
pumping?
10
A.
On
001
during
that
time,
yeah.
11
Q.
From
1986
to
1996?
12
A.
Oh,
no,
no.
Well,
yeah,
I would assume
so,
13
sure.
It
was
ponded.
14
Q.
Now,
are
you
familiar
with
the
sampling
that
15
is
required
under
the
NPDES
permit?
16
A.
Relatively
speaking,
yeah.
17
Q.
And
would
you
agree
that
Watts
is
not
always
18
required
to
composite
their
samples?
19
A.
I
thought
we
always
composited
them.
20
Q.
Okay.
How much does
it
cost
for Beling
to
21
run a composite
sample?
22
A.
To composite
them?
23
Q.
Uh-huh.
24
A.
I
don’t
know.
They
don’t
charge
us
for
the
CAPITOL
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SPRINGFIELD,
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217-525-6167
760
1
composite.
They
charge
us
for
the
analytical.
They
2
do
that.
3
0.
what do they charge you for the analytical?
4
A.
Might
be
2
or
300
bucks.
I
don’t
--
5
Q.
Per
sample?
6
A.
Per
event?
7
Q.
Uh-huh.
8
A.
Yeah.
I
would
say
something
like
that.
9
MS.
SYMONS-JACKSON:
Okay.
That’s
all
I
10
have.
11
HEARING
OFFICER
FRANK:
Mr.
Northrup,
do
you
12
have
anything
else?
13
MR.
NORTHRUP:
No.
14
HEARING
OFFICER
FRANK:
Okay.
We’re
done
15
with
this
witness
then.
Thank
you.
16
(Witness
excused)
17
HEARING
OFFICER
FRANK:
Please
call
your
next
18
witness.
19
MR.
NORTHRUP:
Tom Jones.
20
THOMAS
A.
JONES
21.
called as
a witness
herein,
having been
first duly
22
sworn,
was examined
and testified
as follows:
23
DIRECT EXAMINATION
BY
24
MR. NORTHRUP:
CAPITOL
REPORTING
SERVICE,
INC.
SPRINGFIELD,
ILLINOIS
217-525-6167
761
1
Q.
Go ahead
and state your name for the record.
2
A.
Thomas
A.
Jones.
3
Q.
Where
do you work?
4
A.
ESG Watts.
5
Q.
What
do you do there?
6
A.
I’m
an
engineer
7
Q.
How long have you been with ESG Watts?
B
A.
I
started
working
there
in
1991,
February
of
9
‘91.
I
did
leave
there
for
approximately
a
year
from
10
May
of
‘95
to
July
of
‘96.
11
Q.
Where did you go
in that
time frame?
12
A.
I
went
up
to
Michigan
where
I’m
originally
13
from.
14
Q.
What did you do there?
15
A.
I
worked
at
a
landfill.
16
Q.
What
types
of
things
do
you
do
--
have
you
17
done
at
ESG
Watts?
18
A.
I
--
there’s
a
lot
of
duties
that
I
handle.
19
You
know,
design,
permitting,
meet
with
neighbors,
20
take complaints,
work on permits,
just whatever
is
21
necessary.
22
Q.
Do you draft permit applications?
23
A.
Yes,
I
do.
24
Q.
What kind?
CAPITOL
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1
A.
Closure
plans,
you
know,
cost
estimates.
You
2
know,
I’ve applied for permits for groundwater
3
monitoring
wells.
You
know,
I’ve
had
a
lot
of
input
4
and drafted portions
of our Sig Mods.
5
Q.
Why
don’t
you
explain
a
little
bit
about
your
6
educational
background,
high
school
and
college?
7
A.
I
graduated
from
high
school
in
1981.
I
have
8
a
B.S.
degree
in
civil engineering
from Michigan
9
Technological
University.
And I’ve been employed
in
10
the
waste
business
since
1988.
11
0.
Any
graduate
work
after
your
B.S.?
12
A.
I’ve
taken
a
few
graduate
courses,
but
I
13
don’t
have
a
Master’s.
14
0.
Are
those
related
to
waste
operations?
15
A.
Somewhat.
They’re
more
related
to
hydrology.
16
I’ve
taken
some
courses
on
--
it’s
the
Army
Corps
of
17
Engineers,
it’s
a
program
that
they’ve
established
for
18
hydrology.
It’s
a
computer
program.
It’s
called
the
19
HEP
program,
and
I
did
a
couple
courses
in
that.
20
0.
Anything
else?
21
A.
No.
22
Q.
Do
you
attend
seminars
from
time
to
time?
23
A.
Yes,
I’ve gone continuing
education
and
24
seminars,
and
I
have,
you
know,
40-hour
training.
CAPITOL
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It’s
like
a
hazardous
type
response
training.
Q.
Do you hold any professional
licenses?
A.
I’m
a
professional
engineer
in
the
State
of
Illinois
and
the
State
of
Michigan.
Q.
When did you receive
those licenses?
A.
The
one
in
Illinois
I
received
in
I
think
‘94
and
the
one
in
Michigan
in
‘95.
Probably
the
one
in
Illinois
in
‘93.
Q.
Do those
have any continuing
educational
requirements
to
maintain
your
license?
A.
Yes,
they
do.
Q.
Why don’t you describe for me where the
landfill
is
located?
A.
The
landfill
is
located
on
a
bluff
overlooking
the
Mississippi
River
in
Rock
Island
County.
More
specifically
it’s
west
of
--
east
of
Andalusia.
It’s
in
Andalusia
Township.
You
know,
it’s
approximately
about
five
--
about
a
mile
from
the
Mississippi
River
to
the
south
of
the
river.
The
setting
is,
you
know,
typically
it’s
a
very
rolling
terrain
or
rough
terrain,
you
know,
where
we’re
sitting
at.
There’s
a
lot
of
ravines
that
have
been
created
over
the
years
by,
you
know,
just
the
natural
erosion
process.
There’s
farmland,
you
know,
around
CAPITOL
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1.
2
3
4
5
6
7
B
9
10
1.
12
13
14
15
16
17
18
19
20
21
22
23
24
764
1
the
property
to
the
east.
There’s
farmland
to
--
2
Q.
Here,
let
me show you People’s
Exhibit
3,
3
which may be your
--
can
you
tell
me
what
this
is?
4
A.
It’s
a
topographical
map
of
the
ESG
Watts
S
Taylor
Ridge
Landfill.
Basically
it
encompasses
the
6
whole
landfill
and
then
there’s
some
boarding
property
7
around
the
landfill
but
not
very
much.
B
Q.
Why
don’t
you
tell
me
--
let’s
just
go
around
9
the
landfill
and
describe
for
me
the
topography
and
10
the
land
use
of
the
area
around
the
landfill.
Why
11
don’t
we
start
on
the
east
side.
12
A.
Okay.
This
east
portion
over
here,
this
is
a
13
wooded
ravine
area
in
here.
14
Q.
You
have
to
describe
a
little
--
15
A.
To
the
west
in
the
north
corner
it’s
a
16
ravine,
wooded
area.
17
Q.
East
or
west?
18
A.
East.
And
approximately
three
or
400
feet
19
further
south
from,
you
know,
the
north
boundary
a
20
crop
field
is
--
it’s
usually
corn
is
planted,
and
21
it’s
corn basically
all
the way down
to about
the
22
middle of the site,
and then
I think it’s soybeans
23
toward the south side on
the east side
of
the
24
landfill.
CAPITOL
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3.
Q.
So it’s all agricultural?
2
A.
Yes.
3
Q.
Is
there any slope
to that ground?
4
A.
Toward
the
south
portion
it’s,
you
know,
S
rolling
hilly.
More
toward
the
north
it’s
deep
6
ravines.
7
Q.
Okay.
How
about
the
--
I
guess
it
would
be
8
the
south
side
of
the
landfill?
9
A.
South
side
is
property
owned
by
ESG
Watts
and
10
it’s
mostly
wooded.
Originally
it
was
mostly
wooded.
13.
We’ve
excavated
areas
in
there
to
--
for
daily
cover
12
and final
cover
and intermediate
cover.
But for the
13
most
part,
we’re
probably
in
maybe
like
a
five
acre
14
area.
The
rest
of
it
is,
you
know,
wooded
in
its
15
original
state
with
deep
ravines
running
across
the
16
property.
17
Q.
You
don’t
landfill
in
that
area?
18
A.
No,
we
do
not.
19
Q.
How
about
the
west
portion?
20
A.
Part
of the west portion toward the south end
21
is
again
cropland.
I
think
it’s
a
cornfield.
It’s,
22
you know,
pretty steep,
you know,
rolling
hill.
The
23
further north you go there’s an open field
that has
a
24
relatively
flat spot but there
are deep ravines
going
CAPITOL
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1
away
from
it
in
a
lot
of
different
directions.
2
Q.
What
direction
do
the
ravines
go?
Are
they
3
north-south,
east-west?
4
A.
Most
of
them
run
north-south.
Some
feed,
you
S
know
--
some
head
to
the
south
to
the
--
I
think
it’s
6
--
there’s
a
creek
that
runs
along
the
south
border
of
7
the
landfill
and
most
of
them
head
that
way.
There’s
B
a
few
that
head
to
the
north
toward
the
Mississippi
9
River
or,
you
know,
Andalusia
Road.
10
Q.
How
about
then
on
the
north
side?
11
A.
On
the
north
side
there
is
--
the
property
is
12
owned by Mr.
Whitley.
In
that corner directly
to the
13
northwest
there
is a pond that was created when
--
you
14
know,
from
my
understanding
of
talking
to
people,
I
15
wasn’t
there
at
the
time
and
how
it
was
created,
but
I
16
was
told
it
was
created
by
somebody
constructing
an
17
earthen
dam
across
a
ravine
and
then,
you
know,
over
18
the
years
water
has
--
runoff
water
has
filled
in
the
19
ravine
to
create
a
pond.
20
Q.
You are aware
--
if
I
use
the
term
Whitley
21
retention pond,
you know what
I’m talking
about?
22
A.
Yes.
23
Q.
What
do
you
understand
that
to
be?
24
A.
Mr. Whitley constructed
a berm across,
you
CAPITOL
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1
know,
approximately,
you know,
I don’t know,
30
or
40
2
feet
north
of
our
property
line
to
slow
down
runoff
3
coming
from
the
surrounding
areas.
Part
of
it
coming
4
from
our
landfill
and
part
of
it
coming
from
the
S
property
to
the
west
of
us
that
drains
across
our
6
landfill.
7
0.
Okay.
Let’s
talk
about
that.
The
property
B
directly
south
of
Whitley’s
retention
pond,
that’s
9
landfill
property?
10
A.
Uh-huh.
11
Q.
And
what’s
the
topography
of
that?
Is
there
12
a slope?
And where does
that go?
13
A.
The
landfill
property?
14
Q.
Yeah,
the
landfill
property.
15
A.
It’s
gently
sloping.
Well,
not
gently.
It’s
16
sloping
to
the
--
toward
the
retention
pond
and,
you
17
know,
and
most
of
the
water
that
falls
on
the
landfill
18
in
that
general
area,
you
know,
heads
off
in
that
19
area.
We have constructed
diversion berms
on that
20
northwest
area that
we try to divert
the water toward
21
outfall
001.
22
Q.
To
the
west
of
the
Whitley
retention
pond
23
describe
that
property
for
me,
the
topography
and
the
24
slope,
if
any.
CAPITOL
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1
A.
It’s
--
you
know,
it’s
a
--
you
know,
it’s
a
2
ravine
that
comes
down
to
the
Whitley
pond.
3
0.
To
the
Whitley
retention
pond?
4
A.
Yeah.
But
there’s
also
--
there’s
kind
of
5
like
a
hill
there
that
prevents
any
water
from
going
6
down
that
way,
but
it
comes
--
7
0.
Why
don’t
you
use
this
map,
just
point
out
8
directions
and
that
type
of
thing.
9
A.
Okay.
Well,
there’s
a high area right
in
10
here.
11
Q.
Here.
Why
don’t
you
go
ahead
and
mark
on
12
that.
13
MR.
DAVIS:
Well,
wait
a
minute.
This
is
the
14
original
that
Mr.
Grothus
has
marked
on.
15
MR.
NORTHRUP:
Kammueller?
16
MR.
DAVIS:
No,
Steve.
17
HEARING
OFFICER
FRANK:
Let’s
go
off
the
18
record
for
a
minute.
19
(Discussion
off
the
record.)
20
HEARING
OFFICER
FRANK:
For
the
record,
there
21
were
two copies
of People’s Exhibit Number
3,
both
22
have been used for different
witnesses
and both
have
23
marks
on
them
from
the
hearing
process,
so
we’re
going
24
to
go
ahead
and
admit
both
of
them
and
they
can
just
CAPITOL
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1
be jointly Exhibit
3.
They will both be given
to the
2
Board.
3
And,
Tom,
I
believe
you’re
going
to
mark
on
the
4
one
which
has
the
outfalls
on
it.
S
A.
Okay.
6
HEARING
OFFICER
FRANK:
Okay.
So
go
ahead
7
and
use
this
one.
8
A.
I’m
drawing
basically
a
circle
west
of
ESG
9
Watts’
property
on the north end of the site.
There’s
10
an
area
here
that
drains
in,
you
know,
across
down
11
through
here.
All
this
drains
in
here.
And
this
12
comes
in.
And
it
drains
along
the
west
edge
of
our
13
property
down
this
haul
road
and
down
around
here
like
14
that.
15
0.
That
circle
that
you’ve
drawn,
what
is
that?
16
Is
that
agricultural
field?
Is
it
timber?
17
A.
It’s
just
a
--
mostly
it’s
just
a
vacant
18
field.
I
think
Mr.
Whitley
has
a
few
horses
that
I’ve
19
seen
them
up
in
there
in
the
past.
I
don’t
recall
20
seeing
them
in
the
most
recent
past,
but
I’ve
seen
21
them
in
the
past
there.
And
then
there’s
--
there’s
22
like
stands
of
trees,
you
know.
There
might
be,
you
23
know,
some
trees
here
and
then
over
here
there
might
24
be
a
few
trees.
But
for
the
most
part
it’s
open
CAPITOL
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1
pasture.
2
Q.
Okay.
How about just north
of that circle
3
you’ve
drawn,
what’s
in
that
area?
4
A.
There’s
a
lot
of
trees
right
in
this
area.
S
Q.
Is
it
sloped?
6
A.
Yeah,
it’s
a
steep
embankment
that
comes
down
7
onto
our
landfill.
8
Q.
How
about
the
property
northeast
of
the
9
retention
pond,
what’s
the
topography
of
that?
10
A.
It’s
a
steep
slope
that
comes
down
into
the
11
retention
pond
and
into
Mr.
Whitley’s
pond.
12
0.
Why
don’t
you
go
ahead
and
draw
a
circle
or
13
something.
14
A.
There’s
a
steep
slope
like
right
in
here.
15
And
then,
you
know,
further
east
of
that
slope
it
16
levels
out
to
another
pasture.
I
think
that
one
of
17
the
neighbors
uses
it
to
hit
golf
balls
in.
So
it’s
18
pretty
--
you
know,
this
might
be
a
better
map
for
me
19
to
--
20
HEARING
OFFICER
FRANK:
The
second
circle
21
that
you
just
drew,
can
you
give
a
verbal
picture
of
22
where
that
is
so that when the Board
is looking
at
23
that
map
they’ll
be
able
to
tell
which
circle
you’re
24
referring
to?
CAPITOL
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77.
3.
A.
The second circle
is directly north
of the
2
landfill
toward
the west
side.
It
is directly east
of
3
the
retention
basin.
4
Q.
Why
don’t
you
go
ahead
and
mark
that
circle
5
with
a
--
put
the
bigger
circle
with
an
A
and
then
the
6
smaller
one
with
a
B.
7
A.
Okay.
8
Q.
Let’s
talk
about
watercourses
around
the
9
landfill.
On
the
map
that
you’ve
been
writing
on
10
there
is
actually
some
numbers.
The
northeast
corner
11
is
001.
Does
that
represent
any
kind
of
watercourse?
12
A.
It’s
a natural
occurring
ravine
that’s
been
13
there
for,
you
know,
I
don’t
know
how
many
thousands
14
of
years.
You
know,
however
long
it
took
for
it
to
15
develop
through
the
erosional
process,
but
it’s
been
16
there
a
long
time.
17
Q.
That
something
that
Watts
has
created?
18
A.
No,
it
was
there
before
Watts
purchased
the
19
property.
You
know,
it’s
a
pretty
steep
ravine
20
through there.
I would say the change
of elevation
is
21
probably,
you know,
60,
70
feet from the top of the
22
ravine to the bottom and it’s
--
you
know,
it’s
a
23
pretty steep
slope.
It’s,
you know,
steeper
than the
24
slopes
at
the
landfill.
CAPITOL
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3.
0.
Where’s
the
bottom?
Where
do
you
consider
--
2
A.
I
don’t
understand
the
question.
3
0.
If you measure down
60
or
70
feet,
where
are
4
you
going
to
be
on
that
property?
5
A.
In
terms
of
mean
sea
level
or
elevation?
6
0.
Just
location.
Okay.
I’ll
scratch
those.
7
How
often
is
water
in
that
--
I
can’t
remember
8
what
you
called
it
--
in
001?
9
A.
Very
rarely.
Only
when
there
is
some
type
of
10
precipitation
and,
you
know,
it
might
not
last
very
1.
long.
You
know,
I’ve
seen
where
it’s
rained
quite
12
heavily
and
nothing’s
gone
down
there.
It
all
depends
13
on
how
much
moisture
is
already
in
the
ground,
you
14
know,
the
ability
and
the
capability
of
the
surface
15
area
to
absorb
the
water.
16
0.
You
are
familiar
-.
if
I
use
the
term
Siebke
17
property,
you’re
familiar
with
that?
18
A.
Yeah,
it’s
20
acres
--
I
think
it’s
19
approximately
20
acres
directly
north
of
the
landfill
20
on the east
side.
21
Q.
Now,
is
that the property
that
001
flows
--
22
travels
through?
23
A.
Yes,
it
is.
24
Q.
Can
you
describe
for
me
the
topography,
any
CAPITOL
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3.
slopes
on
that
property?
2
A,
It’s
a
--
his
property
is
all
steep
ravines
3
except
out toward the
--
along
Andalusia
Road
there’s
4
a small
area
that he plants
corn
on that,
you know,
5
that
might
be
an
acre
that’s
relatively
flat,
but
most
6
of
his
property
is
either,
you
know,
rolling
hills
or
7
ravines.
I’d
say
90
percent
of
his
property
probably
8
has
timber
on
it,
too.
9
Q.
Let’s
look
at
the
south
side
of
the
landfill.
10
Are
there
any
watercourses
along
the
south
side
of
the
11
landfill?
12
A.
There’s
an
intermittent
stream
that
runs
13
along
the
south
boundary.
14
Q.
Do
you
know
the
source
of
that
stream?
15
A.
From
what
I
can
tell
it
starts
approximately
16
1500,
2,000
feet southwest
of the landfill
in
a
--
you
17
know,
in
a
farm
lot.
You
know,
there’s
animals
18
running
around
it.
I
think
the
farmer
has
a
pond
up
19
--
a dammed-up
pond there that kind
of
is where
it
20
starts
and
then
it
drains
on
through
his
cornfield
and
21
then
all the way out
to
the Mississippi.
22
Q.
How
often
have
you
observed
water
in
that
23
intermittent
stream?
24
A.
You
know,
again,
it
depends
upon
the
CAPITOL
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1
rainfall.
But
I
would
say
that
there’s
usually
water
2
in
there.
You know,
it’s not always
flowing.
A
lot
3
of
times
you’ll
just
see
standing
water
that
might
be
4
trapped like
in a pool
or something,
but there’s
S
usually water,
but
I would say probably,
you know,
6
there’s
flowing
water
60
percent
of
the
time.
7
Q.
Okay.
That
60
percent
does
that
vary
the
8
amount
of
water
that’s
flowing
through
there?
9
A.
Oh,
yeah.
You know,
definitely.
You just
10
might
see
a
trickle
going
through
there
or
you
might
11
--
you
know,
after
a
heavy
rainstorm
it
might
be
a
12
foot
deep.
13
0.
Have you ever observed any aquatic
life
in
14
that
stream?
15
A.
No,
I
haven’t.
16
Q.
Let’s
switch gears
now.
17
You know what
a Sig Mod permit application
is?
18
A.
Yes,
I
do.
19
Q.
Has one been submitted for the Taylor Ridge
20
site?
21
A.
One has been submitted
twice.
22
Q.
Okay,
When was the first one submitted?
23
A.
I want
to say sometime
in
1993.
I think
we
24
got
a
denial
in
February
of
‘90
--
was
it
‘94?
So
it
CAPITOL
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1
would
have
been
submitted
sometime
in
‘93.
2
0.
What happened
to that
submittal?
I
should
3
say did the Agency act on that submittal?
4
A.
Well,
at
first
it was
--
there
was
a
5
completeness
review.
It
was
deemed
incomplete.
We
6
met
with
the
Agency
personnel.
We
discussed
with
them
7
the
issues
that
were
involved.
We
corrected
them.
We
8
were
issued
a
letter
of
completeness.
And
they
9
started
to
begin
the
official
review
of
the
10
application
and
then
we
received
a
denial
of
that
11
application.
12
Q.
Let
me
show
you
what
I
have
marked
as
13
Respondent’s
Number
8.
Can
you
identify
that
for
me,
14
please?
15
A.
It’s
a
section
of
the
Significant
16
Modification
that
included
the
Closure
and
Postclosure
17
Care
Plan
and
cost
estimates
for
the
Taylor
Ridge
18
Landfill.
19
Q.
Who prepared
that?
20
A.
I
prepared
it.
21
Q.
Is that
a true and accurate
copy of that
22
portion
of
the
Sig
Mod?
23
A.
To
the
best
of
my
recollection.
24
MR.
NORTHRUP:
I’d
go
ahead
and
offer
CAPITOL
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SPRINGFIELD,
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217-525-6167
776
1
Respondent’s
8.
2
HEARING OFFICER
FRANK:
Do you have
a date?
3
Is that
the most recent submittal?
4
A.
No,
this
is not.
5
MS.
SYMONS-JACKSON:
Yeah,
which Sig Mod are
6
you talking about?
7
A.
This was the first
Sig Mod that was denied.
8
HEARING OFFICER
FRANK:
Is there any
9
objection
to
it?
10
MS.
SYMONS-JACKSON:
I’m going
to object.
11
don’t
think
this
is relevant
to the issues
at
hand.
12
This submittal
has already been
filed with the Agency,
13
and it’s already been denied by the Agency.
There’s
a
14
permit
appeal
filed with the Board.
If there are
15
issues regarding
this,
I
think
they’re better
taken
up
16
in the permit appeal.
17
MR. NORTHRUP:
Well,
first
of all,
I’ve
18
provided
this.
One
of the allegations
in the
19
complaint
is that no cost revisions were submitted
20
until
--
I
can’t remember when.
These
are cost
21
revisions
that
were submitted with the original
Sig
22
Mod,
which
in
the
PCB opinion
94-127,
when
the issue
23
came
up with respect
to the submittals
of the Sig Mod,
24
the Board accepted
these
as being
a valid submission
CAPITOL REPORTING
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777
--
submittal.
I mean one of your allegations
is that
closure
plans haven’t been submitted.
MS.
SYMONS-JACKSON:
I think there’s
some
confusion,
Charlie,
over what
the allegations
are.
You might
want
to look
at page
7 of the complaint.
MR. NORTHRUP:
Mr.
Taylor,
as well,
testified
that closure plans
had not been submitted,
when
in
fact
this document had been submitted.
HEARING OFFICER
FRANK:
Mr.
Northrup,
do you
have
anything else?
MR. NORTHRUP:
Well,
sure,
on page
7 they
make
the allegation
in paragraph
21
that by failing
to
revise
the cost estimates
on or before
April
30th,
1995.
In
fact,
this document revising
the cost
estimates
was submitted
in September
of
‘94 as
indicated
on
--
in paragraph
20.
And the Board
in PCB
94-127 has accepted the submittal
--
has said the
submittal
of cost revisions
with those Sig Mods
constitutes
the formal submittal
of the cost
revisions.
HEARING OFFICER
FRANK:
Now you’re confusing
me.
Are these the second
submittal
or the original
submittal?
MR.
NORTHRUP:
This
is the original.
CAPITOL REPORTING
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1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
778
HEARING OFFICER
FRANK:
Okay.
Do you have
anything further?
MS.
SYMONS-JACKSON:
The same objection.
I don’t
think this
is relevant
to the
issues before the Board.
MR.
NORTHRUP:
Well,
it’s extremely
relevant.
HEARING OFFICER FRANK:
I’m going
to allow
it,
so you don’t need
to argue
any more.
MR.
DAVIS:
about
for the record?
Which exhibits are we talking
HEARING OFFICER FRANK:
My understanding
is
Exhibit
8.
MR.
NORTHRUP:
8.
HEARING OFFICER FRANK:
which
has
the cost estimates.
MR.
DAVIS:
has the cost estimates.
different
ones
we
have.
MR.
NORTHRUP:
was the next one they did.
The section of
it
I’m looking
at Exhibit
9 which
So
I just wonder how many
This
is
a different
one.
This
8
is
from the original Sig
Mod that was submitted
back
in September
of
‘94.
HEARING OFFICER FRANK:
Do they have
B?
MR.
DAVIS:
If
I
may,
Ms. Hearing Officer,
CAPITOL REPORTING
SERVICE,
INC.
217-525-6167
1
2
3
4
5
6
7
the Sig Mod.
They’ve since filed
a revised or
a new submittal
for
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
SPRINGFIELD,
ILLINOIS
779
1
we’ve
got an allegation
on page
6
in paragraph
16
2
that alleges
that there was
a
failure
to revise the
3
estimates
on or before November
28,
1992.
That was
4
the
permit
imposed
date.
We
tried
to
acknowledge
in
5
the
complaint
that
there
had
been
some
permit
6
activity.
And
then
on
paragraph
20
on
page
7
we
say
7
that
there
was
a
subsequent
failure
after
the
Sig
Mod
8
was
denied
in
February
of
‘95
to
revise
the
cost
9
estimates.
So
I hope
it’s clear
at
least
to the Board
10
that
there
is
a
time
period
that
is
not
intended
to
be
11
covered
by
our
complaint,
and
that
we
are
not
trying
12
to
relitigate
a
case
that
we
won
in
94-127.
We’re
13
trying to move
on and obtain the relief
that
we should
14
have
been
granted.
15
So,
you
know,
I’m
looking
at
Exhibit
9,
which
is
16
dated
October
‘95,
and
that
--
you
know,
that
would
17
seem to be pertinent,
but
it doesn’t
negate the
18
allegation
in
paragraph
21
on
page
7
that
Watts
failed
19
to
revise
the
cost
estimates
on
or
before
April
30th,
20
1995.
21
HEARING
OFFICER
FRANK:
Okay.
I
don’t
--
22
first
of
all,
I
don’t
believe
Mr.
Northrup
has
tried
23
to
move
Exhibit
9
yet.
My
understanding
was
we
were
24
talking
about
Exhibit
8.
CAPITOL
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780
1
MR.
NORTHRUP:
That’s
correct.
2
HEARING OFFICER
FRANK:
And
as
to whether
a
3
document
does
or
does
not
negate
items
in
the
4
complaint,
that’s
up
to
the
Board.
5
MR.
DAVIS:
I’m
simply
responding,
and
albeit
6
Mr.
Jones
is
not
my
witness,
but
Mr.
Northrup
has
made
7
statements
in
support
of
8
that
tends
to
confuse
the
8
whole
big
picture,
and
that’s
what
I’m
concerned
9
about.
If
B’s
in,
that’s
fine.
But
let’s
not
--
you
10
know,
let’s
not
have
a
mistaken
impression
on
what
the
11
complaint
says.
You
know,
the
allegations
are
clear
12
and
that’s
fine.
But
that’s
really
what
I’m
trying
to
13
correct.
I’m
not
trying
to
say
it
shouldn’t
be
14
admitted.
I’m
simply
responding
to
that
argument.
15
HEARING
OFFICER
FRANK:
Okay,
that’s
fine.
16
Let’s
go
ahead
and
move
on.
17
MR.
NORTHRUP:
So
8
is
admitted?
18
HEARING
OFFICER
FRANK:
Yes.
19
(Respondent’s
Exhibit
Number
B
20
admitted.)
21
Q.
Now,
with respect
to the original
Sig Mod
22
submittal,
you said that was denied by the Agency,
is
23
that
correct?
24
A.
That’s
correct.
CAPITOL
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781
1
Q.
What did you do
in response
to that denial?
2
A.
Well,
we met with our consulting
firm,
3
CH2M-Hill
and,
you know,
we looked
at the denial
4
points
that
we
had
on
the
denial
letter,
and
we
just
5
reviewed
them
and,
you
know,
what
we
had
to
do
to
6
correct
the
deficiencies.
We
held
meetings
with
the
7
Agency
to
discuss
the
denial
points
in
trying
to
8
figure
out
what
they
expected
in
the
application.
9
Q.
Did
you
submit
any
documents
in
response
to
10
your
meetings
with
the
Agency?
11
A.
No.
12
Q.
I
believe
Respondent’s
Exhibit
1,
which
was
13
referred
to
as
a
Sig
Mod
resubmittal,
was
submitted
in
14
October
of
1996.
Are you aware
of
that?
15
A.
Yes.
We
did
redo
the
application,
address
16
the
points,
and
then
we
did
resubmit
another
Sig
Mod.
17
Q.
Okay.
And
at
some
point
after
that
18
resubmittal
did
you
learn
that
that
submittal
was
not
19
in
the
form
the
Agency
wanted
it
in?
20
A.
Yes.
We
received
the
information
back
with
a
21
letter addressing
the fact that they felt
it was not
22
adequate,
what
they were looking
for.
23
Q.
What did you do
in response to
that?
24
A.
We
put
together
a
complete
application
with
CAPITOL
REPORTING
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217-525-
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782
1
the signature
forms and sent
it off
to the Agency.
2
Q.
Now,
since
the original
submittal
of the Sig
3
Mod has Watts submitted
any additional
cost revisions
4
to
the
Agency?
5
A.
Yes,
there’s
been
three
revisions
since
the
6
original
Sig
Mod
was
submitted.
7
Q.
Okay.
Let
me
show
you
what
I’ve
marked
as
8
Respondent’s
Exhibit
9.
Can
you
identify
that
for
me,
9
please?
10
A.
That’s
a
Closure/Postclosure
Care
Plan
and
11
cost
estimates
for
the
ESG
Watts
Taylor
Ridge
Landfill
12
that was submitted
in October
of
‘95.
13
Q.
Okay.
Did you prepare
that?
14
A.
I
prepared
it
15
Q.
Was that submitted
to the Agency?
16
A.
Yes,
it
was.
17
Q.
Is
that
a
true
and
accurate
copy
of
that
18
document
that
was
submitted
to
the
Agency?
19
A.
From
a
cursory
review
it
looks
like
it
is
20
what
I submitted.
21
MR.
NORTHRUP:
Okay.
I would go ahead and
22
offer Respondent’s
9 into evidence.
23
HEARING OFFICER
FRANK:
Any objection?
24
MS.
SYMONS-JACKSON:
No.
CAPITOL
REPORTING
SERVICE,
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217-525
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783
1
HEARING
OFFICER
FRANK:
Okay.
Then
it’s
2
admitted.
3
(Respondent’s
Exhibit Number
9
4
admitted.)
5
Q.
Now,
was
a
permit
issued
following
the
6
submittal
of
that
application?
7
A.
Yes,
it
was.
8
Q.
And
let
me
hand
you
People’s
Exhibit
56.
9
Would
that
be
the
permit
that
was
issued?
10
A.
Yes,
it
is.
11
Q.
Does
that
permit
contain
a
groundwater
12
assessment
program?
13
A.
Yes,
it
does.
14
Q.
Did
your
application
contain
a
request
for
a
15
groundwater
assessment
program?
16
A.
No,
it
did
not.
17
Q.
Where
did
the
requirement
in
the
permit
come
18
from,
if
you
know?
19
A.
I
have
no idea.
The Agency unilaterally
20
issued
an
assessment
monitoring
program
without
us
21
requesting
it.
22
Q.
Okay.
What’s the status
of that permit,
23
People’s
56?
24
A.
It’s
under
appeal
CAPITOL
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SPRINGFIELD,
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217-
525-6167
784
1
Q.
Do
you
know
what
the
denial
points
of
that
--
2
do
you
know
what
the
grounds
are
that
Watts
appealed
3
that permit?
4
A.
We didn’t necessarily
agree with
the
5
groundwater
monitoring
assessment
plan
that
the
Agency
6
proposed.
We
are
working
on
our
own,
and
actually,
it
7
has
been
submitted
to
the
Agency
in
the
Sig
Mod,
and,
8
you
know,
we
felt
that
we
want
to
be
in
control
of,
9
you
know,
of
the
assessment
process,
you
know,
as
10
recommended
by
our
consulting
firms.
11
Q.
Since
the
issuance
of
this
permit,
People’s
12
56,
has Watts
submitted any additional
cost revisions?
13
A.
Two
additional
ones
since
that’s
been
issued.
14
Q.
When
--
describe
for
me
those
submittals.
15
A.
One
was
submitted
in
March
of
‘96
that
dealt
16
with
the
Gas
Management
Plan
that
we
submitted
to
the
17
Agency.
There
was
some
additional
cost
associated
for
18
closure
of
that
activity
and
the
postclosure
care
of
19
it.
That
application
addressed
those
issues
and
those
20
costs.
21
Q.
Now,
has
there
been
any
other
submittals
22
since then?
23
A.
Yeah,
just recently,
the
one permit
that
I
24
just looked
at,
exhibit
--
People’s
Exhibit
Number
56
CAPITOL
REPORTING
SERVICE,
INC.
SPRINGFIELD,
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217-525-
6167
785
has
a
special
condition
that
the
operator
--
number
7,
the
operator
shall
file
and
revise
cost
estimates
for
closure
and
postclosure
care
at
least
every
two
years
in
accordance
with
35
Illinois
Administrative
Code
Subtitle
G
Part
807
Subpart
F.
The
next
revised
cost
estimates
are
due
on
or
before
November
28th,
1996.
And
that
has
been
submitted.
2.
Let me show you Respondent’s
Exhibit
Number
HEARING
OFFICER
FRANK:
Do
you
know
you
haven’t
had
10?
MR.
NORTHRUP:
Yeah.
Q.
Can you identify that
for me, please?
A.
It’s
a
copy
of
an
April
26th,
1993
application
for
revised
closure
plan
and
revised
cost
estimates
for
the
closure
of
the
Watts
landfill
in
Taylor
Ridge.
Q.
A.
Q.
document
A.
Did
you
prepare
that
document?
Yes,
I
did.
Is
that
a
true
and
accurate
copy
of
the
that
was
submitted
to
the
IEPA?
Yes,
it
is.
MR.
NORTHRUP:
I’d move
for the admission
of
Respondent’s
11
CAPITOL
REPORTING
SERVICE,
INC.
SPRINGFIELD,
ILLINOIS
217-
525-6167
11.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
786
1
HEARING
OFFICER
FRANK:
Any
objection?
2
MS.
SYMONS-JACKSON:
One
second,
please.
3
We have
no objection.
4
HEARING
OFFICER
FRANK:
Okay.
Then
it’s
5
admitted.
6
(Respondent’s
Exhibit
Number
11
7
admitted.)
8
Q.
Let’s
shift gears
and start
talking
about
the
9
gas
management
system.
10
What’s
your
understanding
of
the
term
landfill
11
gas?
12
A.
It’s gas that’s generated
by decomposing
13
garbage
that’s approximately
50 percent methane.
14
There’s
CO2.
There’s
nitrogen
and
various
other
15
compounds
that,
you
know,
make
up
less
than,
you
know,
16
one
percent.
17
Q.
Let
me
go
back.
What
prior
experience,
if
18
any,
do
you
have
with
landfill
gas
and
landfill
gas
19
management
systems?
20
A.
I’ve
been
involved
with
landfill
gas
projects
21
since
1988
on various
landfills
in
the State
of
22
Michigan.
23
Q.
So
your
experience
is
not
just
related
to
24
your experience
at Watts?
CAPITOL
REPORTING
SERVICE,
INC.
SPRINGFIELD,
ILLINOIS
217-525
-6167
787
A.
No,
it
is
not.
Q.
What
are some
of the other companies
that
you’ve
had
experience
with?
A.
Wayne
Disposal.
I’ve
been
involved
with
an
ongoing
gas
project.
They
have
a
450
acre
landfill
in
the
Detroit
area,
and
there
was
always
need
to
install
additional
gas
wells
there,
and
so
it
was
an
ongoing
project
where
we
were
installing
wells
and
withdrawing
the
gas
and
generating
electricity
with
the
gas.
Q.
How
is landfill
gas generated?
A.
From
the
decomposition
of
garbage.
Q.
How does
that process
work,
if you know?
A.
It’s
an
anaerobic
process,
just
as
the
garbage
decays
it
gives
off,
you
know,
methane
and
carbon
dioxide.
It’s
just
the
--
it’s
a
natural
process
of
breaking
down.
You
know,
as
anything
starts
to
decay,
it
gives
off
methane.
You
know,
in
the
forest,
you
know,
the
leaves
they
start
decaying,
they,
you
know,
in
an
anaerobic
condition
they
could
break
down
and
give
off
methane
and
carbon
dioxide.
Q.
Have you smelled methane
gas
at the Taylor
Ridge
Landfill?
A.
Yes,
I
have.
Q.
Do you smell
it every
day?
CAPITOL
REPORTING
SERVICE,
INC.
SPRINGFIELD,
ILLINOIS
217-525-
6167
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
788
1
A.
Not every day.
2
Q.
Let me show you what
I’ve marked
as
3
Respondent’s
Exhibit
10, and can you identify that
for
4
me,
please?
5
A.
This
is
an
application
to
install
a
gas
6
management
system
at
the
Watts
Taylor
Ridge
Landfill.
7
Q.
Did
you
prepare
that
submittal?
8
A.
I was actively involved
in the submittal
and
9
I signed the application as
a PE.
10
Q.
Describe
the
--
how
you
were
actively
11
involved
with
that.
12
A.
RTC
originally
sent
me
an
application
that
13
they
were
going
to
send
in
on
behalf
of
Watts.
I
14
reviewed
it.
I
told
them
it
was
unacceptable.
I
15
started
rewriting
it.
I
probably
rewrote,
you
know,
16
50
to
75
percent
of
the
application,
sent
it
back
to
17
RTC.
They
had
their
comments
added
to
it
and
expanded
18
on
the
application,
sent
it
back
to
me.
I
found
it
19
acceptable
and
we
submitted
it
to
the
Illinois
EPA.
20
Q.
Is
Respondent’s
10
a
true
and
accurate
copy
22.
of
what
was
submitted?
22
A.
Yes,
it
is.
23
MR.
NORTHRUP:
I’d
offer
Respondent’s
10.
24
HEARING
OFFICER
FRANK:
Is
there
any
CAPITOL
REPORTING
SERVICE,
INC.
SPRINGFIELD,
ILLINOIS
217-
525-6167
789
1
objection?
2
MS.
SYMONS-JACKSON:
No.
3
HEARING OFFICER
FRANK:
Okay.
Then
it’s
4
admitted.
5
(Respondent’s
Exhibit
Number
10
6
admitted.)
7
Q.
Now,
was
a
permit
issued
for
that
gas
8
management?
9
A.
Yes,
it
was.
I
think
it
was
issued
in
May
or
10
June
of
‘96.
11
Q.
Let
me
show
you
People’s
Exhibit
2.
Would
12
that
be the permit?
13
A.
Yes,
it
is.
June
--
it
was
issued
June
13,
14
1996.
15
Q.
Why
don’t
you
take
a
look
at
Respondent’s
10,
16
the
permit
application.
Does
that
application
contain
17
cost
estimates?
18
A.
Yes,
it
does.
19
Q.
And what
is that cost estimate?
20
A.
Just
for the gas portion the cost added
21
740,000
dollars
to the cost estimates
for the site.
22
Q.
And
is
that
reflected
in
the
gas
permit
that
23
was
issued?
24
A.
Yes,
it
is.
They
--
I
think
from
the
CAPITOL
REPORTING
SERVICE,
INC.
SPRINGFIELD,
ILLINOIS
217-S25-6167
790
application
we submitted
in June
--
October
of
‘95
it
was
I
think
558,000
dollars
and
this
application
raised
it
to
like
1.2
or
3
million
dollars.
Yeah.
On
page
5
condition
number
7
it
states
that
the
new
cost
estimate
for
closure/postclosure
care
is
basically
1.3
million
dollars.
I’d also
like
to point out that
--
MS.
SYMONS-JACKSON:
I’m
going
to
object.
There’s
been
no
question
posed
to
this
witness.
HEARING
OFFICER
FRANK:
Sustained.
Q.
What
is your understanding
of whose
responsibility
it
is
to
obtain
financial
assurance?
A.
The
responsibility
rests
with
ESG
Watts.
We
do have
a contractual
relationship with RTC that any
and
all
activities
that
they
perform
on
our
site
they
are
responsible
for
any
financial
repercussions
for
that,
which
would
include
the
additional
closure
costs.
Q.
Watts’
A.
Q.
obtain
A.
But
you
understand
under
the
law
it’s
ESG
responsibility?
Yes,
I
do.
Have
you
been
involved
in
any
attempts
to
financial
assurance?
Yes,
I
have.
CAPITOL
REPORTING
SERVICE,
INC.
SPRINGFIELD,
ILLINOIS
217-525
-6167
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
791
1
Q.
Why
don’t
you
describe
those
for
me?
2
A.
Since
the
middle
of
1995
I’ve
been
working
3
with
a
gentleman
by
the
name
of
Jack
Lawley
who
owns
4
Lawley
Insurance
Company.
They’re
out
of
Buffalo,
New
5
York.
We’ve
been
working
on
various
programs
that
6
would allow Watts
to fund our trust
funds
or,
I guess,
7
come
up
with
another
mechanism
to
meet
the
requirement
B
without having
to have
a trust
fund where
we have
9
large amounts
of cash sitting
in
a bank.
10
Q.
Does
Watts
currently
have
whatever
it
was
in
1.
the
permit,
1.2
million
in
financial
assurance?
12
A.
No,
we
do
not.
13
Q.
Were
you
involved
in
bringing
RTC
to
the
14
landfill?
15
A.
Yes,
I
was.
16
Q.
Okay.
Explain
that
for
me.
17
A.
Probably
back
shortly
after
I
started
working
18
at
Watts
in
‘91
I
--
one
of
the
things
that
was
19
identified
that
needed
work
was
a
Gas
Management
Plan,
20
and
I
was
looking
at
various
mechanisms
to
fund
it,
if
21
we
could
work
out
a
joint
venture
with
somebody
or,
22
you know,
get somebody to come
in and install
the
23
system,
just
a
lot
of
different
things.
I
probably
24
talked
to
about
three
or
four
different
companies.
We
CAPITOL
REPORTING
SERVICE,
INC.
SPRINGFIELD,
ILLINOIS
217-525-6167
792
1
were
in
negotiations
with
one
company
for
probably
2
more
than
a
year
before
we
approached
RTC.
Those
3
negotiations
fell
through.
4
Q.
Okay.
When
did
you
approach
RTC?
5
A.
RTC
was
approached
in
December
of
‘94.
They
6
had
contacted
us
probably
six
months
prior
to
that
and
7
I
had
told
them
I
was
in
negotiations
with
a
company
8
called
Air
Products,
and
at
that
time
I
said,
you
9
know,
I
don’t
want
to
be
negotiating
with
two
10
different
companies.
If
things
don’t
work
out
with
11
Air
Products,
I
will
contact
you.
And
I
contacted
12
them
and
it
was
December
of
‘94.
13
Q.
So
for
the
preceding
year,
going
back
to
14
December
--
approximately
December
of
‘93
you
were
15
negotiating
with
this
company
called
Air
Products?
16
A.
I
started
negotiations
with
Air
Products
in
17
December
of
‘93.
18
Q.
And
the
negotiations
--
the
purpose
of
the
19
negotiations
was
what?
20
A.
Were
to
determine
what
they
would
construct
21
on-site,
how
much
it
would
cost,
whose
responsibility
22
it
would
be
to
--
you
know,
just
the
money
issues
on,
23
you
know,
the
cost
of
the
site
or
the
construction
of
24
the system,
the management
of
the system.
And
CAPITOL
REPORTING
SERVICE,
INC.
SPRINGFIELD,
ILLINOIS
217-525
-6167
793
1
basically
what
happened
there
is
we
had
a
contract
2
worked
out
with
Air
Products.
We
had
signed
it
and
3
sent
it
off
for
them
to
sign
it
and
they
--
their
4
legal
department
had some problems with
them,
so they
5
basically
tossed
the
contract
and
they
started
from
6
scratch
with
a
new
one.
I
gave
them
a
deadline
to
7
have
me
a
new
one
by
on
a
certain
date,
and
they
8
missed
that
deadline,
and
I
started
talking
with
RTC.
9
Q.
And
that
would
have
been
in
December
of
‘94?
10
A.
December
of
‘94.
11
Q.
When
--
you
do
have
a
--
Watts
does
have
a
12
contract
with
RTC?
13
A.
We’ve
hired
them
as
a
contractor
to
construct
14
the
gas
management
site
-
-
gas
management
system
on
15
our
site.
16
Q.
And
when
did
you
do
that?
17
A.
I
think
the
contract
was
signed
like
in
June
18
of
‘95.
19
Q.
So
-
-
and
then
what
specifically
were
you
20
doing
then
between
December
of
‘94
and
June
of
‘95?
21
A.
Negotiations.
22
Q.
What
is
your
understanding
of
the
term
final
23
cover?
24
A.
At this site
final
cover
in
all areas
that
CAPITOL
REPORTING
SERVICE,
INC.
SPRINGFIELD,
ILLINOIS
217-525-6167
794
1
did
not
accept
waste
after
I
think
it
was
in
October
2
of
‘93,
if
they
had
--
it’s
two
feet
of
final
cover.
3
I
think
it’s
referred
in
the
regs
as
a
low
4
permeability
layer
and
then
six
inches
of
topsoil
or
5
soil
to
sustain
vegetative
growth.
6
Q.
Does
Taylor
Ridge
have
final
cover?
7
A.
In
a
lot
of
areas
it
does.
8
Q.
I’m
sorry?
9
A.
In
a
lot
of
areas
it
does.
Probably
90
10
percent
of
the
closed
portion
of
the
site
has
final
11
cover.
12
Q.
Has
that
cover
been
certified?
13
A.
We
hired
a
firm
to
do
a
certification.
14
They’re
in
the
process
of
doing
that.
They
have
15
completed
the
thickness
portion
of
it
and
they
have
16
determined
that
90
percent
of
the
site
has
that
17
minimum
thickness
as
required,
but
the
certification
18
is
not
complete
due
--
the
soil
has
to
meet
certain
19
requirements.
20
Q.
Who
did
you
retain
to
do
the
testing
out
21
there?
22
A.
There’s
two
different
firms
that
we’re
under
23
a
contract
with
to
do
work.
Actually,
there’s
three.
24
There’s
Noble
Earth
Corporation;
there
is
Able
CAPITOL
REPORTING
SERVICE,
INC.
SPRINGFIELD,
ILLINOIS
217-525-6167
795
1
Technologies;
and then
Indeco.
2
MS.
SYMONS-JACKSON:
What was the last one?
3
A.
Indeco,
I-n-d-e-c-o.
4
Q.
What was the middle one,
the second one?
S
A.
Able Technologies.
6
Q.
And what
is Able Technologies doing?
7
A.
Able Technologies,
they are performing
the
--
8
I guess providing
the PE stamp.
It has
to
be
9
certified
by
a professional
engineer.
The
10
relationship
--
Noble Earth
is doing a
lot of the
11
field work and Able Technologies,
they’ve been on-site
12
a
couple
times
to
review
their
field
activities,
and
13
Able Technologies
relies
on the information
supplied
14
by Noble Earth Corporation
to certify the cover.
15
Indeco
is doing
all the laboratory
testing for the
16
soil
cover.
And Able Technologies
will also rely on
17
that
information
to certify the cover.
18
Q.
Let
me show you what
I’ve previously
marked
19
as Respondent’s
Exhibit
5.
Can you identify
that
for
20
me,
please?
21
A.
This
is
a Leachate Control
Plan that was
22
developed based
on the outcome
of a Circuit
Court
23
ruling.
24
Q.
What’s your understanding
of
that Circuit
CAPITOL REPORTING
SERVICE,
INC.
SPRINGFIELD,
ILLINOIS
217-525- 6167
796
1
Court
ruling?
2
A.
The judge
at the time issued an order that
3
ESG Watts develop
a Leachate Control
Plan.
4
Q.
When was that document prepared?
5
A.
It was shortly after
the ruling.
You know,
6
the judge’s ruling was issued
in, you know,
September
7
of
‘93,
and we probably would have done
it that
fall.
8
Q.
Did you prepare
that document?
9
A.
I helped prepare
it.
I didn’t do
it
10
completely.
It was
a joint
effort by myself
and Tom
11
Quinn.
12
Q.
Who’s
Tom
Quinn?
13
A.
Tom Quinn used
to be the general
manager of
14
ESG Watts.
15
Q.
Is that
a
true and accurate
copy of
the
16
original Leachate
Control
Plan?
17
A.
Yes.
18
MR.
NORTHRUP:
I’d go ahead and offer
19
Respondent’s
5.
20
HEARING
OFFICER
FRANK:
Is
there
any
21
objection?
22
MS.
SYMONS-JACKSON:
I
would
reserve
an
23
objection
subject
to
our
cross-examination
of
this
24
witness.
CAPITOL REPORTING
SERVICE,
INC.
SPRINGFIELD,
ILLINOIS
217-525- 6167
797
1
HEARING OFFICER FRANK:
Okay.
Can we
go off
2
the record for a moment.
3
(Discussion off the record.)
4
HEARING OFFICER
FRANK:
Okay.
S
Q.
Have you submitted
that document
to the
6
Agency?
7
A.
I think we’ve
supplied
it
to them.
Not as
a
8
formal
application.
You know,
not like
in
a
9
supplemental
permit,
but
it
has
been
supplied
to
10
Agency personnel.
11
Q.
Do you keep
a copy of this document
at the
12
landfill?
13
A.
It’s
kept
in
our
operating
record.
14
Q.
What’s
the operating
record?
15
A.
The operating
record
is
a record that’s
16
required by Subtitle
D regulations
that were imposed
17
by the federal
government
and the Illinois EPA has
18
adopted
a
lot
of
those
regulations.
One
of
the
things
19
is
an
operating
record
where
you
keep
all
the
20
information
that
you
develop
on
the
site.
You
know,
21
there’s
various
things
that
have
to
be
in
it
like
22
groundwater
monitoring
results.
You
know,
there
has
23
to
be
cover
records
for,
you
know,
daily
cover,
24
intermediate
cover,
and
final
cover.
Just
various
CAPITOL
REPORTING
SERVICE,
INC.
SPRINGFIELD,
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217-S2S-6167
798
1
type
of
operational
records
that
document
activities
2
that
we
have
done
or
completed.
3
Q.
Does
Watts
rely
upon
that
document?
4
A.
Yes,
we do.
5
Q.
Let
me
show
you
what
has
been
marked
People’s
6
Exhibit
24.
Can
you
just
identify
that
for
me?
7
A.
It’s
an
Illinois
Environmental
Protection
8
Agency
Air
Pollution
Odor
Log
prepared
by
Jerry
9
Martens.
10
Q.
Have
you
ever
seen
that
document
before?
11
A.
First
time
I
saw
it
was
today
when
Mr.
12
Grothus
looked
at
it.
13
Q.
You
never
received
a
copy
of
this
at
the
14
landfill?
15
A.
No,
I
have
not.
16
Q.
Let
me
just
hand
you
a
copy
of
People’s
17
Exhibit
14.
Can
you
identify
that
for
me,
please?
18
A.
It’s
a
NPDES
permit
issued
by
the
Division
of
19
Water
Pollution
Control
on
April
16th,
1996.
20
Q.
Does
that
permit
require
Watts
to
maintain
a
21
Storm
Water
Pollution
Prevention
Plan?
22
A.
Yes,
it
does.
There’s
a
condition
in
here
23
somewhere
that
requires
that
24
Q.
Has
Watts
prepared
such
a
plan?
CAPITOL
REPORTING
SERVICE,
INC.
SPRINGFIELD,
ILLINOIS
217-525
-6167
799
1
A.
Watts
hired
a
consulting
firm
to
prepare
one
2
for
us.
CH2M-Hill
of
Milwaukee,
Wisconsin,
prepared
a
3
--
I
think
they
sent
us
a
draft
copy
of
it
in
December
4
of
‘95.
5
Q.
Has
that
plan
been
finalized
since
that
time?
6
A.
I
think
there
are
still
changes
that
we’re
7
making
on
it,
but
for
the
most
part
it’s
probably
90
8
percent
complete.
We’re
still
complying
with
the
9
portions
that
we
feel
are
pertinent
in
the
plan.
10
Q.
Where
is
that
plan
kept
physically?
11
A.
It’s
kept
in
the
operating
record
at
the
12
landfill.
13
Q.
Do
you
rely
upon
that
plan?
14
A.
Yes,
we
do.
15
Q.
Now,
were
you
at
the
October
--
it’s
either
16
the
29th
or
the
30th
-
-
were
you
at
the
hearings
in
17
this
case?
18
A.
Yes,
I
was.
19
0.
Do you recall
Mr.
James Kammueller
testifying
20
that
I
believe
on
the
30th
he
had
gone
to
the
landfill
21
to
look
at
this
storm
water
prevention
plan?
22
A.
Yes,
he did.
23
Q.
Do you recall
that
he testified that
no one
24
at the landfill
could show him
a copy of that?
CAPITOL
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SPRINGFIELD,
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217-525-6167
800
1
A.
I
remember
that
testimony,
yes.
2
Q.
Do
you
recall
who
he
testified
he
spoke
with?
3
A.
Shirley,
our
receptionist,
and
Elmer
Elliott,
4
the
manager
out
at
the
landfill.
5
Q.
Would
Shirley
know
where
this
plan
is
kept?
6
A.
Probably not.
7
Q.
Would
Elmer
know
where
this
plan
is
kept?
8
A.
He
should,
but
he
probably
didn’t.
9
Q.
Are
there
other
people
at
the
landfill
who
10
would
know
where
that
plan
is
kept?
11
A.
There’s
probably
--
I
know
three
people
that
12
would
know
where
they
could
find
it.
One
would
be
me,
13
Steve
Grothus,
and Nikki Wuestenberg.
14
Q.
Was
Mr.
Grothus
or
Ms.
Wuestenberg
at
the
15
landfill
that
morning?
16
A.
No.
We
were
all
at
the
hearing.
17
Q.
Let’s
take
a
look
at
a
document
that
has
been
18
marked
People’s
Exhibit
Number
7.
Can
you
identify
19
that
far
me,
please?
20
A.
It’s
a February
14th,
1994
inspection
report
21
that James
Kammueller performed
at the Watts
landfill
22
up
in
Taylor
Ridge.
23
Q.
Were
you
present
an
February
14th?
24
A.
Yes,
I was.
CAPITOL
REPORTING
SERVICE,
INC.
SPRINGFIELD,
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217-525-
6167
801
1
Q.
Did
you
accompany
Mr.
Kammueller
on
his
2
inspection?
3
A.
Yes,
I
did.
4
Q.
Actually,
I
should
say
have
you
ever
seen
5
this
document
before,
People’s
7?
6
A.
I’ve
seen
it
since
the
beginning
of
this
7
hearing,
but
it
was
never
mailed
to
me
or
--
before
8
that
--
before
the
hearing.
9
Q.
On
page
3
of
that
document
Mr.
Kammueller
has
10
written
out
under
the
title
Apparent
Violations
a
11
failure
to
monitor
outfall
001
as
required
by
the
12
NPDES
permit.
On
page
number
4
at
the
tap
he
says
13
Failure
to
Monitor
Outfall
002,
and
then
the
next
14
paragraph
is
Falsification
of
DMRs.
No
discharge
is
15
usually
reported
for
both
autfalls.
16
Now,
Mr.
Jones,
have
you
ever
intentionally
17
falsified
any
DMRs?
18
A.
No,
I
have
not.
19
Q.
Can
you
explain
why
you
were
apparently
20
writing
no
discharge
for
outfalls
--
for
outfall
001?
21
A.
It was my understanding
from the permit
that
22
that
outfall was for ponded storm water that we
23
discharged
from
the
site,
and
at
that
point,
you
know,
24
we
stopped
collecting
ponded
storm
water
and,
you
CAPITOL
REPORTING
SERVICE,
INC.
SPRINGFIELD,
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217-525-6167
802
1
know,
we
weren’t
pumping
it.
You
know,
my
2
instructions
to
our
operating
people,
if
at
any
time
3
they
ever
pump
water
from
our
site,
they
were
to
4
inform
me
so
we
could
obtain
a
sample.
And
every
time
5
that
I’ve
been
informed
that
we
were
pumping
water
6
from
the
site,
we
obtained
a
sample.
7
Q.
It
also
says
a
failure
to
monitor
or
8
apparently
you
wrote
no
discharge
on
outfall
002
as
9
well.
Can
you
explain
that
for
me,
please?
10
A.
I
guess
basically
it
was
ignorance
on
my
11
part.
Looking
at
it,
we
should
have
been
doing
that.
12
I
took
aver
a
program
that
was
in
existence,
and
I
13
tried
to
sort
out
and
figure
out
what
we
had
to
do.
14
Nobody
had
been
monitoring
002
before
I’d
been
there.
15
You
know,
we
were
never
cited
as,
you
know,
we
were
16
doing
anything
wrong,
so
I
continued
the
program
that
17
was
in
existence.
18
Q.
Let me show you what
I have marked
as
19
Respondent’s
Exhibit
12.
Can
you
identify
that
for
20
me,
please?
2.
A.
It’s
a
public
notice
fax
sheet
proposed
22
modified
NPDES
permit
to
discharge
into
waters
of
the
23
State.
It’s
stamped
the date
is May
4th,
1990.
At
24
the time
it was my understanding
this was our permit,
CAPITOL
REPORTING
SERVICE,
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SPRINGFIELD,
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217-525-
6167
803
1
but
it’s
since
come
to
our
attention
that
this
permit
2
was
never
issued
and
that
it’s
always
been
a
draft.
3
This
permit
was
never
denied,
but
it
was
just
never
4
issued
either.
5
Q.
Have
you
relied
upon
that
permit?
6
A.
Yes,
I
did.
7
MR.
NORTHRUP:
I
would
go
ahead
and
offer
8
Respondent’s
12
into
evidence.
9
HEARING
OFFICER
FRANK:
Is
there
any
10
objection?
11
MS.
SYMONS-JACKSON:
Do
you
have
a
copy
of
12
that
for us?
13
MR.
NORTHRUP:
Yeah,
you
should
have
that
in
14
your
stack.
15
MS.
SYMONS-JACKSON:
Charlie,
you
can
give
us
16
a
copy
of
that
later.
I
think
we’ve
seen
this
17
document
before.
18
MR.
NORTHRUP:
You
have?
19
MS.
SYMONS-JACKSON:
Well,
I
assume
it’s
in
20
the Agency
files.
21
MR.
NORTHRUP:
Well,
yeah,
I would assume
so.
22
Do you want
to take
a look
at
it?
23
MS.
SYMONS-JACKSON:
I believe
we’ll
24
stipulate
to
the
introduction
of
this
document
into
CAPITOL
REPORTING
SERVICE,
INC.
SPRINGFIELD,
ILLINOIS
217-
525-6167
804
1
evidence.
However,
for
the
record
I
would
say
this
is
2
not
a
permit.
It
was
never
issued
as
a
NPDES
permit,
3
and
I
would
object
to
any
reference
to
this
document
4
as
a
permit.
5
HEARING
OFFICER
FRANK:
I
think
Mr.
Jones
has
6
made
it
clear
that
and
Mr.
Northrup
through
what
7
they’ve
already
stated
that
it’s
a
draft
document.
8
MS.
SYMONS-JACKSON:
Okay.
That’s
fine.
I
9
just
wanted
to
make
sure
it
was
clear
for
the
record
10
that
--
11
HEARING
OFFICER
FRANK:
Then
it’s
admitted
12
into
evidence.
13
(Respondent’s
Exhibit
Number
12
14
admitted.)
15
Q.
Going
back
to
People’s
Exhibit
7,
on
page
5
16
you
will
see
there
is
a
list
of
things
under
the
17
heading
recommendations.
18
A.
Uh-huh.
19
Q.
The
first
one
monitor
per
1986
permit.
Since
20
that
February
14
inspection
of
‘94
have
you,
in
fact,
21
been
monitoring
per
the
1986
permit?
22
A.
We
have
relied
an
the
1986
permit
as
our
23
guidance
to
monitor
for
the
NPDES
discharge.
24
Q.
Okay.
And
prior
to
--
well,
it
says
as
CAPITOL
REPORTING
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INC.
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217-525
-6167
805
1
discussed
during
the
inspection.
Who
did
you
have
2
this
discussion
with?
3
A.
This
discussion
was
held
with
James
4
Kammueller
S
Q.
And
prior
to
this
time
apparently
you
were
B
not relying
on the
‘86 permit?
7
A.
No,
I
was
not.
8
Q.
And
what
permit
were
you
relying
on?
9
A.
I
was
relying
--
10
MS.
SYMONS-JACKSON:
I’m
going
to
object
11
again.
You’re
calling
it
a
permit.
12
Q.
What
document
were
you
relying
on
prior
to
13
this
discussion?
14
A.
I
was
relying
on
the
draft
document
from
May
15
of
1990.
16
Q.
Okay.
But
-.
and
what
did
Mr.
Kammueller
say
17
about
that?
18
A.
He
told
me
I
was
incorrect
that
that
19
permit
--
20
HEARING
OFFICER
FRANK:
That
document.
21
A.
That
document
--
actually,
at
that
time
22
during
the
inspection
when
I
showed
him
that,
he
was
23
unaware
of
it
and
did
not
know
of
its
existence.
He
24
was
only
aware
of
the
permit
from
1986.
If
I
CAPITOL
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217-525-6167
806
recollect
correctly,
he
did
do
a
file
search
and
he
cleared
up,
you
know,
that
--
at
the
inspection
he
was
pretty
confident
that
a
permit
was
never
issued
for
that,
but
he
said
that
he
would
review
the
files
to
make
sure,
and
he
did
call
me
and
tell
me
that
one
was
never
issued.
Q.
So again,
since
that conversation
you have
been
monitoring
per
the
1986
NPDES
permit?
A.
That,
and,
you
know,
the
permit
--
there’s
--
you
know,
the
Code
of
Federal
Regulations
that
expand
upon
the
permit,
too.
There’s
other
information
in
there
that
we’re
required
to
and
I
rely
on
that
also.
Q.
Okay.
What other information would
that
be?
A.
Just
there’s
basically
sampling
procedures.
It
expands
upon
the
permit.
You
know,
the
proper
methods
for
analytical,
retention
times.
There’s
a
lot
more
definitions
in
the
Code
of
Federal
Regulations.
You
know,
what
constitutes
a
sampling
event,
stuff
like
that.
Q.
Are you today
relying
on this 1986 permit?
A.
No,
we’re
not.
Q.
And
why
not?
A.
A
new
permit
has
been
issued
by
the
Division
of
Water
of
the
Illinois
Environmental
Protection
CAPITOL
REPORTING
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217-525-
6167
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
807
1
Agency.
2
Q.
Number
2
under
recommendations,
in
fact,
says
3
submit
a
revised
NPDES
permit
renewal
application?
4
A.
We
did
that.
I’d
also
like
to
point
out
that
5
there
was
another
application
submitted
in
1991
that
6
the
Agency
never
acted
on.
7
Q.
Okay.
Well,
when
did
Watts
submit
a
renewal
8
application
for
their
NPDES
permit?
9
A.
It was
in February
of
1991.
10
Q.
Okay.
11
HEARING
OFFICER
FRANK:
Is
this
renewal
of
12
the
1986
permit?
13
A.
Yes,
it
is.
It’s
a
renewal
of
the
1986
14
permit
15
0.
Okay.
And
what
happened
to
that
permit
16
application?
17
A.
Shortly
after
James
Kammueller
came
out
to
18
the
site,
the
Agency
sent
us
a
letter
--
which
would
19
have
been,
you
know,
in
February
1994,
the
Agency
sent
20
us
a
letter
with
the
notice
of
the
intent
to
deny
that
21
permit.
That
permit
was
never
denied.
We
requested
22
that
we
withdraw
the
permit
from
the
Agency.
They
23
felt
it
wasn’t
representative
of
what
was
happening
on
24
the
site.
When
I
got
the
letter,
I
called
Rick
CAPITOL
REPORTING
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INC.
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217-525-6167
808
1
Pinneo.
I
don’t
think
that
he
issued
the
letter.
It
2
was
issued
by
Thomas
McSwiggin.
But
I
think
it
said
3
please
contact
Rick
Pinneo.
I
contacted
Mr.
Pinneo,
4
who
works
in
the
Division
of
Water,
and
I
asked
him,
5
you
know,
“What’s
this
about?”
He
says,
“Well,
we
6
don’t
feel
it’s
representative
of
what’s
happening
7
with
the
site.”
I
said,
“Are
you
going
to
deny
this
8
permit
or
is
there
an
opportunity
for
us
to
work
this
9
out?”
And
Rick
says,
“Hey,
you
know,
come
on
down,
10
let’s
set
up
a
meeting,
and
we’ll
work
something
out.”
11
He
was
very
cooperative,
very
helpful.
And
we
held
a
12
meeting
shortly
after
that
to
come
up
with
a
new
NPDES
13
permit
that
reflects
the
activities
at
the
site.
14
Q.
Did
you
then
make
a
resubmittal?
15
A.
Yes,
we
did.
16
Q.
And
what
has
happened
to
that
resubmittal?
17
A.
There
was
a
permit
issued
based
upon
that
18
application.
It
was
a
little
different
than
what
we
19
applied
for.
20
Q.
Under
number
3
the
recommendation
talks
about
21
developing
and
implementing
a
comprehensive
Storm
22
Water
Pollution
Prevention
Plan.
Now,
have
you
done
23
that?
24
A.
Yes,
we
have.
We’ve
done
that.
We
had
a
CAPITOL
REPORTING
SERVICE,
INC.
SPRINGFIELD,
ILLINOIS
217-
525-6167
809
1
31(d)
meeting
with
Mr.
--
Mr.
Davis
was
present
and
2
Mr.
Kammueller
and
various
other
personnel
of
the
3
State,
and
they
requested
a
lot
of
different
things
4
for
us
to
do,
and
that
was
one
of
the
requirements
S
that they requested
that
we do, and we immediately
6
hired CH2M-Hill
to
do
that
and,
you know,
a draft
copy
7
was
issued
to
us
in
December
of
‘95.
8
Q.
This
is
the
Storm
Water
Pollution
Prevention
9
Plan that we’ve been discussing
earlier that Shirley
10
and
Elmer
couldn’t
find?
11
A.
That
is
correct.
12
0.
Respondent’s
Exhibit
2.
Why
don’t
you
take
a
13
look
at
what’s
been
previously
marked
as
Respondent’s
14
Exhibit
2.
Can
you
just
identify
that
for
me?
15
A.
It
is
a
draft
copy
of
the
Storm
Water
16
Pollution
Prevention
Plan.
17
Q.
Why don’t
--
take
a
look
at
page
number
5
18
under
recommendations.
And
I
want
you
to
go
down
each
19
of
these
subparts,
A,
B,
C,
D,
E,
F,
G,
H,
read
that
20
and
explain
to
me
what,
if
anything,
Watts
has
done
to
21
comply
with
that.
22
A.
Okay.
Point
A.
23
MS.
SYMONS-JACKSON:
Just
a
minute.
What
24
exhibit
are
we
looking
at?
CAPITOL
REPORTING
SERVICE,
INC.
SPRINGFIELD,
ILLINOIS
217-525-
6167
810
1
MR.
NORTHRUP:
People’s
7.
2
MS.
SYMONS-JACKSON:
That’s
the
1994
3
inspection
report?
4
MR.
NORTHRUP:
February
14,
‘94,
right,
page
5
5,
6
MS.
SYMONS-JACKSON:
Okay.
7
A.
“Point
A.
Provide
final
cover
and
contouring
8
as
needed,
and
establish
vegetative
cover
on
cap,
side
9
slopes
and
perimeter
areas.”
10
That’s
been
an
ongoing
process
at
the
site.
You
11
know,
you’re
always
disturbing
soil,
so
we’re
always
12
having
to,
you
know,
put
more
cover
on,
you
know,
13
recontour
it,
regrade
it,
add,
you
know,
vegetative
--
14
we’ve
hired,
you
know,
a
local
farmer
who
has
come
out
15
and
he’s
vegetated,
you
know,
our
surfaces
on
a
couple
16
occasions,
you
know,
seeded
them.
We
used
like
a
17
drill
seeder.
You
know,
we’ve
had
landfill
employees
18
also
go
out
and,
you
know,
put
down
grass
seed
on
19
various
areas
of
the
landfill,
And
we’ve
constructed
20
various
berms
to
divert
water
away
from
the
active
21
face
of
the
landfill.
We’ve
constructed
berms
to
22
divert
water
away
from
Whitley’s
retention
basin
on
23
his
property.
We’ve,
you
know,
we’ve
constructed
a
24
lot
of
different
type
of
berms
to
control
the
storm
CAPITOL
REPORTING
SERVICE,
INC.
SPRINGFIELD,
ILLINOIS
217-
525-6167
811
water
runoff.
Q.
Where have these berms been constructed?
A.
There
was
one
in
particular
that
was
a
major
project
that
we
worked
on
was
--
it
was
constructed
on
--
it
would
have
been
like
the
west
slope
and
it
would
have
been
in
the
center
of
the
landfill,
kind
of
like
in
the
active
portion,
and
everything
that
fell
like
on
the
top
and
went
east
toward
the
active
area
it
was
caught
by
this
berm
and
diverted
toward
outfall
001
and
away
from
the
active
area.
You
know,
it’s
something
that
--
we’ve
put
silt
fences
on
that
berm
to
slow
the
water
down
as
it
goes.
We’ve
placed
bales
of
hay
there.
We’ve
constructed
or
we’ve
placed
bales
of
hay
that
we
take
large
fence
posts
and
we
nail
them
down
into
the
ground.
We’ve
done
that
along
the
west
road
headed
toward
Whitley’s
pond.
We’ve
done
it,
you
know,
all
in
that
general
area.
We’ve,
you
know,
constructed
silt
fences
over
in
that
northwest
area
and
just
about
anywhere
where
we
see
an
erosional
problem
we
will
put
up
a
silt
fence
or
a
bale
of
hay
or
straw
to
slow
down
the
runoff.
Q.
With respect
to the seeding and vegetation,
how
effective
has
that
been?
A.
It
depends.
A
lot
of
it
is
a
timing
issue.
CAPITOL
REPORTING
SERVICE,
INC.
SPRINGFIELD,
ILLINOIS
217-525
-6167
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
812
1
You
know,
if
you
get
it
down
and,
you
know,
you
get
2
the
right
amount
of
rain,
and
it
grows,
it’s
3
effective.
But
if
you
get
a
big
rainstorm,
it
will
4
wash
all
the
seed
away
before
it
has
a
chance
to
5
germinate
and
take
hold.
Or
sometimes
you
might
go
a
6
period
where
you
don’t
get
any
rain
and
you
get
hardly
7
any
growth
because
of
the
lack
of
rain.
But,
you
8
know,
when
it
is
able
to
grow
under
the
right
9
conditions,
we’re
able
--
it’s
pretty
effective.
10
Q.
Anything
else
under
subpart
A?
11
A.
No.
12
Q.
Why
don’t
you
go
on
to
B?
13
A.
“Construct
defined
watercourses
and/or
14
conduits
to
direct
storm
water
to
sedimentation
ponds
15
prior
to
discharge.”
16
Something
we
have
a
problem
there
is
that
the
17
sedimentation
ponds
--
it’s
difficult
for
us
to
18
construct
any
type
of
sedimentation
ponds
on
our
19
property.
We
did
discuss
and
explore
our
options
20
to
build
sedimentation
ponds
over
the
garbage.
23.
Basically
--
22
Q.
Who
did
you
have
those
discussions
with?
23
A.
Division
of
Water
and
Division
of
Land.
24
Division
of
Water
they
had
no
problems
with
it,
but
CAPITOL
REPORTING
SERVICE,
INC.
SPRINGFIELD,
ILLINOIS
217-525
-6167
813
1
they
said
that
was
not
something
that
they
were
2
allowed
to
permit,
that
was
a
Division
of
Land
issue.
3
You
know,
they
did
want
to
see
sed
ponds,
but
it
was
4
not
in
their
power
to
permit
the
location
and
the
5
design.
That
was
solely
up
to
the
Division
of
Land.
6
And
I
think
CH2M-Hill
came
up
with
a
couple
of
designs
7
where
they
used
a
synthetic
liner
over
closed
portions
8
of
the
landfill
to
try
to
collect
runoff
and
store
it
9
for
retention
time
to
allow
the
sedimentation
to
fall
10
out
and
then
we
could
discharge
it.
But
the
Division
11
of
Land,
you
know,
in
initial
discussions
they
said
12
that
was
not
a
good
idea
and
they
don’t
think
that
13
they
would
approve
it,
so
we
didn’t,
you
know,
proceed
14
with
that
avenue.
15
0.
What
other
avenues
then
have
you
proceeded
16
with,
if
any?
17
A.
Well,
basically
just,
you
know,
trying
to
18
construct,
you
know,
the
berms
and
stuff
to
slow
down
19
the
water
and,
you
know,
the
seeding.
Just
trying
to
20
control,
you
know,
water
sources
and
direct
the
water
21
where
we
want
it
to
go.
You
know,
water
is
a
pretty
22
strong
force
of
nature
and
it
does
what
it
wants
to
do
23
a
lot
of
times.
24
Q.
Is
that
it
for
subpart
B?
CAPITOL
REPORTING
SERVICE,
INC.
SPRINGFIELD,
ILLINOIS
217 -525-6167
814
1
A.
Yes.
2
Q.
Okay.
Go on to
C.
3
A.
“Erosion control methods
in open ditches
4
should include
riprap,
silt fences and vegetative
5
cover.”
6
You know,
we have
silt fences all over the site.
7
You know,
it’s
an ongoing process where,
you know,
8
we’ve placed the silt fences.
We are exploring
other
9
options
at this
time
to slow down and control
the
10
runoff.
You know,
we have
seeded.
We have also used
11
--
we
were
written
up
for
this,
but
we
were
using
wood
12
chips
to control erosion
on our interior
roads.
We
13
were
cited
for uncovered
refuse for using wood chips.
14
We argued that with
the inspector
that
the wood chips
15
were
not
waste.
They
were
something
that
by
process
16
of,
you know,
it’s
a
commodity
that
we had paid for to
17
use for that purpose,
and we paid for the trucking
to
18
go pick up the wood chips
and bring them to
-
-
19
MS.
SYMONS-JACKSON:
If
I can just interpose
20
an objection
here.
I don’t
think this
is necessarily
21
responsive
to the question asked.
This gets
into
22
stuff we talked about before.
It’s not
in response
to
23
efforts
they’ve taken
to comply with Subpart
3
C.
24
MR. NORTHRUP:
I would
say that’s
true
to
a
CAPITOL REPORTING
SERVICE,
INC.
SPRINGFIELD,
ILLINOIS
217-525 -6167
815
1
certain extent.
But
if you look
at Subpart
F,
they do
2
get into that
issue
of somehow
surfacing
the perimeter
3
road and borrow road.
So if
he doesn’t get
into
it
4
now,
he’ll talk about
it then.
5
HEARING OFFICER
FRANK:
I think for the
6
transcript
for the Board
it would be much better
if
he
7
specifically
talks about
each section
as
we go through
8
it,
especially
since he’s reading the part out loud.
9
So
if you can stick
to the one that you’re
on.
10
Q.
Were you finished with
C then?
11
A.
Yes.
12
“D.
Sedimentation
ponds
should
be
equipped
with
13
open
channel
flow
measurement
devices.”
14
We did contact
various vendors
of measurement,
you
15
know,
flow measuring devices.
You know,
one
of
the
16
firms was IOSCO,
which
is
I-O-S-C-O,
or something
like
17
that.
There
was another firm
that
we had them come
18
out and do a demonstration
at the facility
to try to
19
see
if their devices would work for our situation.
20
Both
of
the
individuals
that
came
out
--
21
Q.
Let
me
interject.
You
do
not
have
any
22
sedimentation ponds
at the landfill,
is that correct?
23
A.
No,
we do not.
24
Q.
Okay.
So what
situation
are you talking
CAPITOL REPORTING
SERVICE,
INC.
SPRINGFIELD,
ILLINOIS
217-525-
6167
816
1
about
that these people came
out to discuss
flow
2
meters?
3
A.
We tried
to have
open channel
flow meters,
4
which
he recommended.
5
HEARING OFFICER
FRANK:
Who he?
6
A.
Mr.
Kammueller.
He recommended
open channel
7
flow measurement
devices leaving
a sedimentation pond.
8
We did not have sedimentation
ponds,
but we looked
for
9
something
that could be used
in the open channels,
a
10
ditch
that we could place
the device that would
11
measure
flow leaving our site.
And the two vendors
12
that
came
out
to
the
facility
their
application
would
13
not work
in our situation.
14
0.
Okay.
Anything else with D?
15
A.
No.
16
Q.
Okay.
Go on to
E.
17
A.
“The landfill perimeter
road elevation
should
18
be increased
to accommodate construction
of defined
19
storm water ditches/conduits.
Use of the road surface
20
as
a storm water conveyance
should be discontinued.”
21
We have
--
we’ve
added additional
soil
all,
you
22
know,
around
the perimeter
road to prevent
it
being
23
used
as
a ditch.
There
is one area
of the landfill we
24
cannot
do
that.
If we were
to build
the road up any
CAPITOL REPORTING
SERVICE,
INC.
SPRINGFIELD,
ILLINOIS
217-525-6167
817
1
higher,
we would block
a drainage pathway coming from
2
Mr. Whitley’s
property
to the west
of
us that drains
3
down that road.
And,
you know,
we don’t
want
to block
4
that and back up water
on his property.
But for the
5
most
part we’ve
added additional
soil around the
6
perimeter roads.
7
And one of the problems,
you know,
we run heavy
8
equipment
on the roads and
it
is an ongoing process
9
where
we always
have
to add additional
soil.
The
10
heavy equipment
will tend
to beat the roads
down and
11
so we
do have
to add more
soil occasionally
to keep
it
12
up higher.
13
Q.
Anything else?
14
A.
No.
15
0.
Turn
the page.
16
A.
“The surface
of the perimeter
road and borrow
17
road
should
be
rocked
or
hard-surfaced
to
reduce
18
runoff
of soil particles.”
19
Q.
This
is subparagraph
--
20
A.
F
on
page
6.
We
have
not,
you
know,
added
21
any
rock
or,
you
know,
we
have
not
hard-surfaced
our
22
interior
roads
or
perimeter
roads.
We
did
try
to
use
23
wood
chips
on
the
interior
roads
that
the
truck
24
traveled
on
to
and
from
the
active
waste
face.
CAPITOL
REPORTING
SERVICE,
INC.
SPRINGFIELD,
ILLINOIS
217-
525-6167
818
1
There’s
a
lot
of
different
reasons
why
we
used
that.
2
One
was
to
reduce
the
erosion.
Other
reasons
are
it
3
suppresses
dust.
It prevents mud from tracking
out
4
onto
the
road
or
to
other
areas
of
the
landfill.
We
5
were
cited
for
not
having
a
permit
for
that.
We
were
6
also
told
that,
you
know,
what’s
the
difference
if
we
7
purchase
rock
for
the
road
or
if
we
purchase
wood
B
chips
to use as
a road material,
and we were told that
9
you don’t
have
a permit
for that either,
you know,
so
10
it
was
--
you
know,
we
were
trying
to
do
things
to
11
minimize
erosion
and
mud
tracking
with
wood
chips
and
12
we
were
cited
with
a
violation
for
that.
13
Q.
1-lave
you
applied
for
a
permit
to
use
wood
14
chips?
15
A.
Yes.
It’s
included
in
the
Significant
16
Modification.
17
Q.
What
other
--
well,
go
ahead
on
to
0
if
18
you’re
done
with
F.
19
A.
“Storm
water
diversionary
structures
should
20
be
provided
to
minimize
the
entry
of
surface
water
21
into
the
active
landfill
area.”
22
We
have
--
it’s
always been
a standard operating
23
procedure
at
the
site
to
construct
berms
to
divert
any
24
type
of
runoff
from
entering
the
active
area
where
CAPITOL
REPORTING
SERVICE,
INC.
SPRINGFIELD,
ILLINOIS
217-525
-6167
819
1
we’re
disposing
of
garbage,
you
know.
We
don’t
allow,
2
you know,
large
quantities
of the storm water runoff
3
to enter
it.
It
just doesn’t
happen.
You know,
the
4
rainfall
that
lands
on
it
and
there’s
rain
that
--
in
5
that
general
area
that
falls
on
the
garbage,
but
6
that’s
it.
There
is
--
you
know,
storm
water
does
not
7
run
through
the
active
area.
8
Q.
Is
that
it
for
G?
9
A.
Yes.
10
Q.
GoontoH.
11
A.
“H.
Develop
and
implement
spill
control
12
measures
for
the
outdoor
equipment
fueling
area
as
13
needed
to
achieve
compliance
with
40
CFR
Part
112.”
14
Q.
I
guess,
first
of
all,
let
me
ask
do
you
know
15
what
40
CFR
Part
112
is?
16
A.
Well,
not
in
detail.
I
know
basically
it’s,
17
you
know,
spill
prevention
measures
to
--
you
know,
18
where
you
have
operations
of
heavy
equipment,
where
19
you’re
fueling,
where
you’re
oiling.
They’re
just
20
trying
to
prevent
you
from,
you
know,
spilling
the
21
fuel,
spilling
oil,
spilling
antifreeze.
You
know,
22
they
just
want
you
to
be
conscious
of
the
need
to
have
23
good
housekeeping
practices
for
these
activities.
24
Most
of
the
--
the
fueling
would
be
the
only
problem,
CAPITOL
REPORTING
SERVICE,
INC.
SPRINGFIELD,
ILLINOIS
217-525
-6167
820
3.
you know,
where
we would have
spills,
and there,
you
2
know,
if
they’re
identified,
we
will
remove
the
soil
3
and
haul
it
away
and
then
backfill.
But
most
of
the
4
oiling that
we do and changing
of any of the other
5
type
of
fluids
are
done
inside
the
building,
which
is
6
covered
and
we
have
a
trap
that
goes
down
the
center
7
of
it
that
everything
drains
to
that
and
that
is
B
cleaned
out
on
a
periodic
basis
and,
you
know,
it’s
a
9
mixture
of,
you
know,
mud
and,
you
know,
a
little
bit
10
of
the
spillage
from
those
activities
and
those
are
11
hauled
down
to
the
active
waste
face.
12
Q.
Now,
of
all
these
subparts
are
there
--
are
13
these
also
discussed
in
the
--
your
formal
most
recent
14
Sig
Mod
submittal?
15
A.
Yes.
There’s
a
part
in
the
Sig
Mod
that’s
16
storm
water
management
plan.
It’s
a
section
in
the
17
Sig
Mod.
It
was
in
the
original
Sig
Mod
that
was
18
denied
and
it’s
in
this
Sig
Mod.
19
Q.
Since
this
inspection
of
February
14
what
has
20
been
your
--
does
Watts
have
a
procedure
for
sampling
21
the
001
outfall
and
the
002
outfall?
22
A.
Yes.
You
know,
since
that
inspection
we’ve
23
tried
to
comply
with
the
permit.
You
know,
it’s
--
24
I’m
not
always
on-site,
you
know,
if
there’s
a
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821
1
discharge.
But
there
are
people
that
--
who
have
been
2
trained
and
instructed
any
time
that
they
see
any
3
runoff
leaving the
site,
they are to collect
a
sample.
4
You
know,
we’ve
gone
over,
you
know,
compositing
5
samples.
You
know,
we’re
not
always
able
to
composite
6
samples
as required by the permit.
You know,
a storm
7
event
might
only
last
for,
you
know,
an
hour.
We
do
B
not
know
--
you
know,
we
know
when
the
storm
starts
9
but
we
won’t
necessarily
know
when
the
middle
of
the
10
storm
is
and
the
end
of
the
storm,
you
know,
but
we
11
try
to
do
the
best
we
can.
12
These
permits
were
originally
set
up
for
13
discharges
at
wastewater
treatment
plants,
and,
you
14
know,
they
control
their
discharges
very
closely,
you
15
know,
at
the
times
when
they
do
it.
So
they
are
able
16
to,
you
know,
plan
ahead
to
collect
their
samples.
We
17
are
not
afforded
that
opportunity
unless
we
are
18
pumping
the
water
and
we
know
how
long
we’re
going
to
19
pump
it.
Then
we
are
able
to
collect
the
composites
20
as
required.
21
Q.
What
are
the
requirements
regarding
22
compositing
or
collecting
composite
samples?
What
23
does
the
permit
require?
24
A.
You
are
supposed
to
collect
three
equal
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1
aliquots.
And
I
think
an
aliquot
is
100
milliliters,
2
which really isn’t
very much water.
We collect quite
3
a bit more than that
for our sampling.
You know,
4
there
is
usually
three
or
four
bottles
that
we
5
collect.
Some
have
preservatives
in
it.
And
I
should
6
clarify
that.
Our
permit
has
recently
changed
and
I’m
7
not
real
familiar
with
the
permit
that
was
recently
8
issued
and,
you
know,
and
I
don’t
know,
you
know,
what
9
the bottles
are that
are set up for that and I’m just
10
talking
about
for
the
‘86
permit.
11
Q.
‘86
or
‘96?
12
A.
‘86
permit.
What
I’m
familiar
with.
I
have
13
--
I
really
have
not
updated
myself
on
the
‘96
permit,
14
Nikki
Wuestenberg
has
been
handling
that.
15
Q.
You
said
individuals
at
the
landfill
have
16
been
trained
and
instructed
on
how
to
collect
samples?
17
A.
Yeah.
18
Q.
Who
did
the
training?
19
A.
Basically,
I
sat
down
with
a
gentleman
by
the
20
name
of
Joe
Chenoweth,
who
handles
a
lot
of
these
type
21
of
things.
I’m
not
at
the
site
100
percent
of
the
22
time.
You
know,
I
spend
a
lot
of
time
traveling
23
around
to
various
company
operations.
You
know,
I’m
24
probably
at
the
landfill,
you
know,
60
percent
of
the
CAPITOL
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B23
1
time,
75
percent
of
the
time.
And,
you
know,
that
2
other
25
percent
when
I
was
not
there,
I
spent
time
3
with
Mr.
Chenoweth
explaining
to
him
the
proper
4
procedures
for
collecting
samples
and
about
5
compositing
samples
during
the
storm
events.
And
like
6
I
said,
most
of
the
time
he
had
trouble
--
I
mean
7
there
have
been
occasions
where
we
have
been
able
to
8
collect
a
sample
from
one
of
the
discharges,
but
by
9
the
time
we
get
to
the
other
side
of
the
landfill
to
10
collect
the
discharge,
the
rain
event
has
stopped
and
11
there
is
no
discharge
on
the
other
side.
So
it’s
a
12
difficult
permit
to
comply
with.
13
HEARING
OFFICER
FRANK:
Let’s
go
off
the
14
record
for
a
minute
so
our
court
reporter
can
change
15
paper.
16
(Discussion off the record.)
17
HEARING
OFFICER
FRANK:
Let’s
go
back
on
the
18
record.
And,
Mr.
Jones,
you’re
still
under
oath.
19
A.
I
understand.
20
Q.
Now,
were you present
when Mr. Kammueller
21
testified
in the first
two days
of this hearing?
22
A.
Yes,
I
was.
23
Q.
Do you remember him testifying
to his belief
24
that the February
‘94 DMR5 had been falsified?
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824
1
A.
Yes,
I
do.
2
Q.
In those DNRs
it was reported
no discharge?
3
A.
That’s
correct.
4
Q.
Did you falsify those DMRs?
5
A.
No,
I
did
not.
6
Q.
Why was there
in your opinion
no discharge?
7
A.
There’s
a
couple
reasons.
First
of
all,
I
B
tried
to
obtain
a
sample
after
Mr.
Kammueller
left.
9
By the time
I was able
to get some bottles for
10
sampling
and
went
out
to
the
site,
there
was
just
11
hardly
anything,
you
know,
just
a
trickle
and
I
just
12
--
it was difficult
to obtain
a sample.
13
Mr.
Kammueller,
he
obtained
like
from
outfall
002
14
he
obtained
a
sample
approximately
200
feet
from
the
15
property
line,
you
know,
in
the
middle
on
the
south
16
side
of
the
landfill.
He
collected
it
from
a
small
17
depression
in
a
haul
road
where
the
water
was
lB
collecting.
It
was
a
very
small
amount.
He
did
not
19
collect
that
sample
as
required
by
our
permit.
You
20
know,
it did not
--
that
water
was
not
leaving
the
21
site.
You know,
and again,
you know,
he’s been
a
22
stickler on
like compositing
samples
from the
23
beginning,
middle,
and
end
of
the
storm.
He
pulled
a
24
grab
sample.
Mr.
Kammueller
never
--
did
not
document
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1
that
the
storm
event
was
greater
than
or
the
discharge
2
was greater than
.1 inches.
And
in my belief
I do not
3
feel
that
the
discharge
was
greater
than
a
tenth
of
an
4
inch,
you know,
of snowfall melt.
A tenth
of
an inch
5
of
snowfall
melt
is
the
equivalent
of
one
inch
of
6
rain.
One
inch
of
rain
is
a
pretty
big
storm
event.
7
HEARING
OFFICER
FRANK:
Did
you
say
a
tenth
8
of
an
inch
of
snowfall
melt
is
equivalent
to
one
inch
9
of
rain?
10
A.
The
ratio
is
considered
one
to
ten.
11
0.
Where
does
that
.1
inch
come
from
that
you’re
12
talking about?
13
A.
It’s
in
the
CFR,
the
Code
of
Federal
14
Regulations,
on
NPDES
discharge
permits.
It
was
not
15
in
our
original
1986
permit
for
--
but
it
is
--
you
16
know,
it
was
a
requirement
in
the
CFR
and
it
was
17
something
that
was
added
to
our
most
recent
NPDES
18
permit
that
was
issued.
That
is
a
special
condition
19
there,
a
tenth
of
an
inch.
20
Q.
What
procedures
do
you
have
in
place
now
to
21
take samples
from outfall
001?
22
A.
Under the current
permit Nikki Wuestenberg
is
23
handling most
of
that.
I am
familiar
with
what’s
24
going
on,
having discussions
with her
on it,
but
I am
CAPITOL
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826
1
not actively involved.
Basically any time we see any
2
type
of precipitation,
you know,
rainfall
or
if
we
3
feel that there
could be snowmelt
leaving
the site,
4
Joe Chenoweth
is
instructed
--
he knows
to do this on
5
his own,
we don’t have
to go out and say,
“It’s
6
raining,
Joe,
go look.”
Joe has already gone and
7
looked to see if there
is any precipitation
leaving
8
the site,
any runoff
leaving the site.
If his first
9
inspection
he doesn’t see any,
he will
go back,
you
10
know,
half
hour
later,
you know,
an hour
later.
He
11
will keep looking
at the outfalls to see what
type of
12
runoff
is leaving the site,
if
at all any is leaving.
13
He is then instructed
to collect
a sample
of the
14
runoff and he’s supposed
to go back and collect
15
additional
samples periodically
so we’re
able
to
16
composite.
17
Q.
What procedures
do you have
in place
for
18
taking samples
from
--
and this
is prior
to the new
19
permit.
What procedures
did you have
in place
to
20
sample 002?
21
A.
After
the inspection
from Mr. Kammueller
-
-
22
Q.
After
the inspection.
23
A.
--
Joe again was instructed
to go out and
24
look
for discharges
along
the south
side of the
CAPITOL REPORTING
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827
landfill.
And
he was supposed
to look
for
a discharge
anywhere along
that
south side
Q.
Let me show you what
has been marked
People’s
Exhibit
12.
Can you just
identify that
for me,
please
A.
February
7th,
1996
inspection performed
Kammueller
and accompanied by Rick Pinneo
of
Mr.
Illinois
EPA
Q.
list of
some of
A.
Q.
samples
A.
by
the
Now,
on page
2
of
that inspection
there
is
a
apparent violations.
And
I want
to run down
these
Okay
Look
at number
1,
talking about
composite
not always being collected
Composite
samples
--
do you want
me to read
Q.
Sure,
go ahead
and read
it
A.
“The composite
samples are not always
collected
as required by the NPDES
permit.
This
includes
but
is not limited
to February 8th and 9th,
1996.
Certain chain
of custody
sheets submitted
with
DMRs
also indicate this condition.
Discharges
were
certainly continuous
on February 9th,
1996,
and
composite
samples
could have been collected.”
CAPITOL REPORTING
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1
2
3
4
5
6
7
B
9
10
11
12
13
14
15
16
17
18
19
20
2.
22
23
24
it?
828
1
Q.
Have you had any discussions
with Mr.
2
Kammueller
on taking composite
samples?
3
A.
I’ve asked him
in the
--
4
Q.
Since
this
time?
5
A.
Since
this time?
6
Q.
February
‘96.
7
A.
No,
I have
not.
8
Q.
Has your procedure changed at all from this
9
time on taking
those samples?
10
A.
No,
it has not.
11
HEARING OFFICER
FRANK:
Let’s
go off the
12
record
for
a second.
13
(Discussion
off the record.)
14
Q.
Take
a look
at number
5 and read that
one.
15
A.
pH
is being averaged on certain DMRs.
16
Q.
Do you still
average
pH on your DMRs?
17
A.
We
--
we averaged
--
well,
since
this has
18
been brought
to our attention
--
and
I guess
I
--
I
19
would
have
to talk
to Nikki.
I mean
I’m not real
20
familiar with
that,
to be honest with you.
But
I do
21
know that,
you know,
we did average the pUs.
There
22
was no intention
of
us trying
to do anything
wrong
23
there.
We included the analytical,
the raw data from
24
the lab with all the DMR5,
so
that,
you know,
it was
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829
1
obvious what
the pH was,
that you would
be able
to
2
identify
the high,
the low,
and the average.
And you
3
know,
that
is something
that
I’m aware
of now.
4
Q.
Did you attend
a
--
or
I believe you’ve
5
testified
earlier you attended
a
31(d)
meeting?
6
A.
Pertaining
to this
case,
yes,
I
did.
7
Q.
Correct.
Do you recall when that was?
B
A.
It was August
of
‘95.
9
Q.
Do you recall any requests made by the Agency
10
at that
time?
11
A.
There were
--
there were numerous
requests.
12
One being
that,
you know,
we submit
a revised
13
Closure/Postclosure
Care Plan.
Part
of the agreement
14
that
15
Q.
Let’s
just go one
at
a
time.
Has that
16
revised closure plan been submitted?
17
A.
Yes,
it was.
There was
a special
condition
16
that
Mr.
Davis requested
on that.
19
Q.
What was that?
20
A.
The regulations
require
us only
to have
a
21
postclosure
care period
for
15 years.
Regulations
for
22
new sites
require
30
years.
Mr.
Davis requested
that
23
we waive
our right
to do
it
for
15 years and we
24
estimate
it over
a
30-year period.
CAPITOL REPORTING SERVICE,
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830
1
MS.
SYMONS-JACKSON:
I’m going to object
at
2
this point
in
time.
I believe the
31(d)
meeting was
3
held
as
a negotiation
at that point
with an eye
4
possibly
toward settlement.
With that
in mind,
5
certain negotiations
and matters
discussed
at the
6
31(d)
meeting are not the proper subject
for
7
discussion
at this hearing
as they were negotiations
8
with an eye towards
settlement,
and
I would object
to
9
this
line
of questioning
for that reason.
10
HEARING OFFICER
FRANK:
Mr.
Northrup?
11
MR. NORTHRUP:
My response
is in the Attorney
12
General’s
opening
statements,
as well
as questions
to
13
Kammueller
I know they brought
out what was discussed
14
at that meeting,
what certain requests were made
of
15
Watts
and whether or not those
had been complied
with.
16
They’ve opened the door.
I think
I’m entitled
to
17
pursue
this.
18
HEARING OFFICER
FRANK:
Okay.
I’m going
to
19
allow the question.
20
Q.
Okay.
What
else
--
what
else other than the
21
revised closure plan?
22
A.
They requested that we do assessment
23
monitoring
for the groundwater.
They requested
that,
24
you know,
get the Sig Mod
in.
CAPITOL REPORTING
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INC.
SPRINGFIELD,
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217-525- 6167
831
Q.
Have you done that?
A.
Yes.
Which there’s
assessment
monitoring
proposal
in the Sig Mod.
Mr. Kammueller
requested
that we put together
a Storm Water
Pollution
Prevention
Plan.
You know,
he specifically
requested
that we hire
an outside consulting
firm
to
do that,
which we complied with.
There
was
--
they requested
that we do gas management,
leachate
control,
which
we’ve
submitted
an application
for gas management
which
has been approved.
We’re actively constructing
a gas management
system.
We’ve
applied for
a permit
for
a leachate extraction
system
in our Sig Mod,
which
we
--
you know,
we agreed that everything
that
they
requested was reasonable
and we would work toward that
goal and
I think we’ve
--
everything
that they
requested we have
--
we’ve complied with
at this
time.
Q.
Was there any discussion
of
a penalty?
MS.
SYMONS-JACKSON:
I’m going
to object
again.
We have
not raised
the issue
of penalty
in
this
case and penalty discussions
certainly are
settlement
--
negotiations
towards
settlement,
and
I
would object
to any mention of penalty
in this
hearing.
MR.
NORTHRUP:
They opened the door
to this
CAPITOL REPORTING SERVICE,
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1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
832
1
31(d)
meeting by having
them say what they proposed
to
2
have Watts
do.
They’ve opened
the door for that.
3
think we’re entitled
to inquire on penalty
issues.
4
MS.
SYMONS-JACKSON:
If
the
ruling
on
the
5
prior
issue
was
that
we
had
opened
the
door
and
so
he
6
was
allowed
to
talk
about
technical
things,
that’s
one
7
thing,
but
penalty
is
a
different
issue.
B
HEARING
OFFICER
FRANK:
The
objection
is
9
sustained.
Please
ask
another
question.
10
Q.
Was
there
anything
else
discussed
at
that
1.
meeting
that
you
recall
other
than
what
you’ve
already
12
testified
to
and
the
penalty?
13
A.
Yeah,
Mr.
Davis
thought
we could reach
a
14
negotiated
settlement.
He
didn’t
want
to
make
a
15
career
out
of
--
16
MS.
SYMONS-JACKSON:
I’m
going
to
object
once
17
again.
Mr.
Davis
is
not
on
trial
here.
He’s
not
a
18
witness.
I
don’t
think
this
is
proper,
and
I
would
19
move
that
the
response
be
stricken.
20
HEARING OFFICER
FRANK:
Sustained.
Please
21
ask another
question.
22
MR. NORTHRUP:
I don’t have any further
23
questions.
24
HEARING
OFFICER
FRANK:
Okay.
Then
let’s
go
CAPITOL
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217-525-6167
833
1
off
the
record
and
take
a
lunch
break.
2
(A
recess
was
taken.)
3
HEARING
OFFICER
FRANK:
Let’s
go
back
on
the
4
record
and
continue
beginning
with
the
5
cross-examination
of
Tom
Jones.
6
CROSS-EXAMINATION
BY
7
MS.
SYMONS-JACKSON:
8
Q.
Mr.
Jones,
first
of
all,
let’s
go
back
and
9
talk about
the retention
pond.
Okay?
10
A.
Okay
11
Q.
Do
you
know
which
pond
I’m
referring
to
when
12
I say retention pond?
13
A.
I assume
you’re talking
about the pond
that
14
has
been
created
by
Mr.
Whitley
constructing
a
berm
15
near
our
property
lines.
16
Q.
Okay.
It’s
the
retention
pond
in
the
17
northwest
corner
of
the
site.
18
A.
Okay.
19
Q.
And that’s
the same one you’re thinking
20
about,
right?
21
A.
That’s
correct.
22
Q.
Okay.
Was your testimony earlier that
the
23
retention pond receives drainage
from property
other
24
than
the
landfill?
CAPITOL
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217-525-6167
834
1
A.
There’s water
that comes
off other people’s
2
property on our property and drains
in the retention
3
pond.
4
Q.
And what other property are you talking
5
about?
6
A.
It would be Mr. Whitley’s
property directly
7
to the west
of us.
B
Q.
So Mr. Whitley owns the property directly to
9
the north and to the west
of the
landfill?
10
A.
It’s my understanding,
yes.
11
Q.
And
I think you indicated earlier that
that
12
property
is
just to the west
in the northwest
corner
13
of the landfill
filled with trees
and
is
somewhat
14
hilly,
is that what you indicated
earlier?
15
A.
Yes,
I did.
16
Q.
How
can
you
tell
that
there
is
water
or
17
run-on from
that portion
of the facility
to the
18
landfill?
19
A.
I’ve watched
it.
I’ve seen
it.
20
Q.
And have you watched
it
--
is there
any way
21
to differentiate
run-on
from that portion
of the
22
property as opposed
to
just storm water runoff
from
23
the landfill
itself?
24
A.
I’m sure you could
sit down and run some
CAPITOL REPORTING
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217-525- 6167
835
1
calculations
based upon
the area
of each drainage
2
basin
and the terrain and the
slope.
There
are ways
3
that you can do it.
You know,
use the rational method
4
or--
5
Q.
You’ve
not done any of that testing?
6
A.
No,
I have not
7
Q.
Now,
the 001 outfall
under the NPDES permit,
8
this
does not drain into the retention pond,
does
it?
9
A.
No.
That’s
not our interpretation
of the
10
permit
11
Q.
So just back
to
an earlier
question,
the
12
runoff
from the portion of Whitley’s
property
to the
13
west
of the landfill
first drains
onto
the landfill
14
and then
into the retention
pond?
15
A.
It doesn’t
go directly on the landfill.
It
16
drains
under our property and
it runs along
the haul
17
road that
runs along the west
side
of our property,
18
and then
it drains down
into the retention
basin.
19
Q.
Now,
when you testified
earlier,
Mr. Northrup
20
had asked you about
a number
of documents
such
as the
21
odor logs prepared by Jerry Martens?
22
A.
Uh-huh.
23
Q.
And the February
14,
1994
inspection
report
24
prepared by Jim Kammueller.
He’d asked you if you’d
CAPITOL REPORTING
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217-525-6167
836
1
ever seen those documents
before and
I think your
2
response was no.
Is that accurate?
3
A.
That’s
correct.
Now,
I was aware
that
the
4
odor logs existed,
but
I had not seen
them.
Mr.
5
Martens discussed them
in his deposition.
6
Q.
Were you aware that those documents
were
7
provided
to Mr. Northrup
in the spring
in response
to
8
a discovery
request
he made?
9
A.
No,
they were never provided
to me from him.
10
Q.
Okay.
You had never
seen those
documents
11
from Mr. Northrup
from spring
of this year until
12
today?
13
A.
No.
14
Q.
Okay.
Now,
what you’ve called the Storm
15
Water
Pollution Prevention
Plan,
and that
is your
16
exhibit
--
17
MS.
SYMONS-JACKSON:
Do
you
know
what
exhibit
lB
that
is,
Charlie?
19
A.
2.
20
Q.
Respondent’s
Exhibit
2,
okay.
This was
21
prepared
by
CH2M-Hill
for
the
facility?
22
A.
Yes,
it was.
23
Q.
Can you tell
me again when that was prepared
24
by CH2M-Hill?
CAPITOL
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217-525
-6167
837
A.
I
remember
seeing
the
first
draft
copy
in
December
of
‘95.
Q.
And
I think your earlier testimony was that
has
not
been
finalized
yet.
Is
that
correct?
A.
That’s
correct.
Q.
Are there
any plans or
is CH2M-Hill
currently
working
on
finalizing
that
plan?
A.
Well,
I
think
if
you
read
a
NPDES
permit,
basically
it’s
always
an
ongoing
updating
of
the
operations
of
the
site.
We
may
issue
a
final
version
of
this
plan,
but
it’s
something
that
will
always
have
to
change
as
the
site
changes.
It
makes
adjustments
for
current
conditions.
Q.
Has this plan ever been submitted
to the
IEPA?
not
required
to
be.
you ever shown
this plan
to Mr.
see
if
he thinks
that
the provisions
in
adequate
for
the
site?
A.
No,
we
have
not.
Q.
Now,
is
it fair
to say that Elmer
Elliott
and
Joe
Chenoweth
are
responsible
for
performing
day-to-day maintenance
at the landfill?
A.
That’s
very
loosely
you
could
say
that,
yeah.
CAPITOL
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217-525-6167
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
A.
It’s
Q.
Have
Kammueller
to
this
plan
are
838
1
Q.
Elmer
is
the
site
manager,
correct?
2
A.
Uh-huh.
3
Q.
And Joe Chenoweth,
as we know from his
4
earlier
testimony,
performs
site
inspections
where
he
5
keeps
a
log
and
documents
any
problems
he’s
seen
and
6
any
actions
he’s
taken
to
address
those
problems,
7
right?
8
A.
Uh-huh.
9
Q.
Now,
when you mentioned
the people that knew
10
where
this
Storm
Water
Pollution
Prevention
Plan
is
11
located
at
your
facility,
you
did
not
mention
Elmer
12
Elliott
and you did not mention Joe Chenoweth.
Now,
13
my
question
is
if
they
are
the
ones
who
are
performing
14
the
daily
maintenance
at
the
site,
how
are
they
15
supposed
to
know
what
to
do
to
address
storm
water
16
problems
if
they
don’t
even
know
where
the
plan
is?
17
A.
Well,
we’ve
had
the
plan
out
before
and
we’ve
18
discussed
it
with
them.
And
I
aid
mention
Elmer
19
Elliott’s
name
in
my
previous
testimony.
I
did
20
discuss
him.
But
it’s
not
something
like
we
show
them
21
exactly where
in the file
we put
it.
We’ve had
it
22
out.
We’ve
sat
around
in
conferences
and
discussed
it
23
with,
you know,
various personnel
on-site.
24
Q.
And
with
Elmer
Elliott?
CAPITOL
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217-525-
6167
839
1
A.
I’ve
had
discussions
with
Elmer
Elliott
on
2
our Storm Water
Pollution Prevention
Plan and things
3
we
needed
to
do
to
comply
with
it.
4
Q.
Yet,
Mr.
Kammueller
stopped
out
at
the
site,
5
I
believe
on
the
morning
of
October
29,
and
questioned
6
Elmer
Elliott
as
to
whether
the
facility
had
a
Storm
7
Water
Pollution
Prevention
Plan,
he
didn’t
know
what
8
Mr.
Kammueller
was
talking
about?
9
A.
I don’t know.
I wasn’t
there
for the
10
conversation.
11
Q.
I
think
you
testified
earlier
that,
in
fact,
12
Elmer probably
should know about
it,
but he probably
13
doesn’t
know
about
this
plan?
14
A.
I
did
probably
say
that.
I
said
that.
15
Q.
Do
you
think
it
would
be
advantageous
for
you
16
to
or
someone
else
from
ESG
Watts
who
is
familiar
with
17
that
plan
to
discuss
it
with
Elmer
Elliott
so
he
knows
18
exactly
what
is
required
and
where
it’s
located?
19
A.
We’ve
had
discussions
with
Elmer
on
the
20
requirements
of
it,
but,
you
know,
I’ve
never
taken
21
him
and
said
this
is
where
we
put
it
in
the
file
if
22
you would ever like
to
see
it.
Elmer
is well aware
of
23
the
housekeeping
duties
that
he’s
supposed
to
perform
24
to
prevent
spillage
of
pollutant,
chemicals,
oils,
CAPITOL
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840
1
fuels,
antifreezes.
2
Q.
Okay.
That’s all
I need.
3
Now,
you
testified
earlier
about
what
is
4
Respondent’s
Exhibit
5,
the
Leachate
Control
Plan.
5
A.
Yes.
6
Q.
Okay.
And
I
think you testified
that
7
preparation
of
the
plan
was
in
response
to
a
court
8
order.
9
A.
That’s
correct.
10
Q.
Okay.
I’m
going
to
hand
you
a
copy
of
11
People’s
Exhibit
29,
and
can
you
tell
me
what
date
12
that order was entered on?
That
is the preliminary
13
injunction
order
from
the
Sangamon
County
Circuit
14
Court?
15
A.
I
assume
it’s
this
date
up
here.
16
0.
Okay.
And
you
can
check
on
the
back,
too,
17
where
the
judge
has
signed
it.
18
A.
Okay.
September
11th,
1992.
19
0.
Okay.
So
your
earlier
testimony
that
that
--
20
strike
that.
21
I think your earlier
testimony was that your
22
Leachate
Control
Plan was drafted or prepared
23
immediately
following this court order.
Now that
24
you’ve
seen this court order would you say that was
CAPITOL
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1
accurate
testimony
earlier?
2
A.
I assume
it
is.
I don’t remember the exact
3
date
that
we
prepared
it,
but
I
know
we
prepared
it
4
shortly after the judge’s
order.
5
Q.
Okay.
Who
prepared
the
Leachate
Control
6
Plan?
7
A.
It was done
in conjunction by me
--
by
myself
8
and
Tom
Quinn.
9
Q.
Who
is
Tom
Quinn?
10
A.
Tom
Quinn
used
to
be
the
operating
manager
11
for
ESG
Watts.
12
Q.
Okay.
Now I’m looking at what
is
13
Respondent’s
Exhibit
5
that
I
earlier
said
is
the
14
Leachate
Control
Plan,
and
I don’t
see
a date
on here
15
that
actually
indicates
the
date
it
was
prepared,
and
16
you
don’t
have
any
independent
recollection
of
when
it
17
was
prepared?
13
A.
No,
I
don’t.
19
Q.
I’m going
to direct your attention
to the
20
first
page
of
Exhibit
5.
Looking
along
with
me,
it
21
says
for history,
on
14 September
1993,
which
is
22
nearly
a year after
the preliminary
injunction
order,
23
Circuit
Judge Richard
J.
Cadagin issued
a ruling
that
24
required ESG Watts
to correct
immediately
any leachate
CAPITOL
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1
problems
as
they
apply
to
the
neighbors,
and
refers
to
2
an attachment.
3
And
I
can
--
attached
to
this,
which
is
4
Respondent’s
Exhibit
5,
is
a
letter
from
Judge
Cadagin
5
of
that
same
date,
September
14,
1993,
which
indicates
6
what
the
docket
entry
is
for
that
date,
September
14,
7
1993,
a
year
after
the
preliminary
injunction
order,
8
it
indicates
rule
to
show
cause
allowed
in
part.
And
9
you’re
ordered
through
this
September
14,
1993
order
10
to
implement
a
Leachate
Control
Plan.
Correct?
11
A.
Okay.
12
Q.
Do you agree with that?
13
A.
I
agree
with
that
letter.
14
Q.
Okay.
From
September
11,
1992
until
this
15
rule
to
show
cause
letter
was
issued
on
September
14,
16
1993,
what
had
you
done
with
regard
to
a
Leachate
17
Control
Plan?
18
A.
We
had
always
--
it’s
been
an
ongoing
bone
of
19
contention
with the Agency about leachate and we’ve
20
always maintained
that
we have monitored
through
21
inspections,
you know,
we’ve looked for leachate
seeps
22
on our property.
We’ve
identified them and we would
23
take
necessary
corrective
action.
And
it’s
always
24
been
the policy,
you know,
since
I’ve been there.
CAPITOL
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843
1
Q.
Okay.
Let
me
refer
again
to
Respondent’s
2
Exhibit
5,
second
paragraph
under
history,
it
was
3
determined
at
the
hearing
on
15
February
1994
now
4
we’re
two
years
or
a
year
and
a
half,
I
guess,
after
5
the
original
injunction
order
--
that
ESG
Watts
should
6
submit
a
Leachate
Control
Plan
that
the
Illinois
7
Attorney
General’s
office
can
review
and
comment
on.
8
This
Leachate
Control
Plan
which
is
Respondent’s
9
Exhibit
5
indicates
in
here
it
was
developed
for
that
10
purpose.
So,
in
fact,
according
to
your
Leachate
11
Control
Plan,
it
was
developed
a
year
and
a
half
after
12
the
preliminary
injunction
order?
13
A.
I
disagree
with
that.
14
Q.
Please
explain.
15
A.
Well,
I
think
that
we
had
been
--
we
had
a
16
plan
in
place,
but
it
was
never
formalized
in
this
17
format
to
--
and
we
--
at
this
point
we
formalized
it,
18
submitted
it,
I
guess
according
to
that.
I
don’t
19
recall
us
sending
it
off
anywhere.
I
can’t
remember
20
that.
But
it was
like,
okay,
let’s
sit down and put
2.
it down
on paper what we’re
doing.
But we had been
22
doing those
activities
way before this plan was
23
developed.
24
Q.
And
how
were
your
leachate
control
measures
CAPITOL
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1
prior
to
this
plan
being
developed,
how
were
they
2
communicated
to
the
Watts
employees?
3
A.
The same
way.
We
-
-
you
know,
Joe
Chenoweth,
4
he
was
instructed
and
there
were
some
personnel
before
5
Joe
--
we
hired
Joe.
I
can’t
remember
the
date
that
6
we
hired
Mr.
Chenoweth.
But
they
would
take,
you
7
know,
a
walk
around
the
site
or
drive
a
vehicle
or
8
maybe
a
piece
of
heavy
equipment,
and
they
would
look
9
for
these
type
of
leachate
seeps.
And
if
they
10
encountered
them,
they
were
instructed
to
fix
them.
11
And
that’s
what
we
did.
That
plan
is
no
different
12
than the everyday practice
that we had implemented.
13
It’s
just
a
formalization
of
our
activities.
14
Q.
Okay.
Now,
you
were
present
during
Mr.
15
Chenoweth’s
testimony
earlier
in
this
hearing,
were
16
you
not?
17
A.
That’s
correct.
18
Q.
First
of
all,
do you recall
Mr. Chenoweth
19
testifying
that
after
he
would
conduct
an
inspection
20
of the facility,
if the weather was particularly
bad,
21
he
would
not
undertake
corrective
actions,
not
wanting
22
to endanger
the safety of himself
or his fellow
23
employees?
24
A.
I remember
that.
CAPITOL
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845
1
Q.
And
so would you agree
then,
Mr.
Jones,
that
2
there
were some instances
at the site where
leachate
3
problems
may
have
been
noted
on
one
day
by
Mr.
4
Chenoweth
and
then
went
uncorrected
for
any
number
of
5
days
up
to
a
couple
of
months
even?
6
A.
I
would
disagree
with
a
couple
of
months,
I
7
mean
it’s
well-documented
in
Mr.
Chenoweth’s
daily
8
inspections
when
he
identifies
a
leachate
seep
and
9
when he made
the correction.
You know,
it’s
on record
10
when
he
identifies
them
and
when
he
made
the
11
correction.
12
Q.
So
if
in
those
site
inspection
reports
Mr.
13
Chenoweth
himself
indicates
that
for
over
a
period
of
14
months,
if
you
look
at
the
inspection
reports,
he
was
15
not
able
to
correct
a
certain
problem,
would
you
16
disagree
with
what
Joe
put
in
his
report?
17
A.
No,
I
wouldn’t.
18
Q.
Now,
according
to the injunction
order that’s
19
Exhibit
29
before
you,
you’re
ordered
to
implement
20
measures
to both monitor and control
leachate.
Would
21
you agree with that?
22
A.
Yes.
23
Q.
And are there
still reoccurring problems
with
24
leachate
at the landfill
on this date?
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1
A.
Yes,
there
is.
2
Q.
So you would
agree that
the measures
3
implemented
by
ESG
Watts
at
some
point
after
September
4
of
1992
to
monitor
and
control
leachate
have
not
5
corrected
the
problem?
6
A.
I
disagree
with
that.
7
Q.
You’re
still
having
problems
with
leachate
at
8
the
site,
are
you
not?
9
A.
We’re monitoring and controlling
leachate.
10
But
every
landfill
in
the
State
of
Illinois
has
11
leachate
seeps.
12
Q.
That’s
not
what
I
asked
you,
Mr.
Jones.
13
A.
That’s
what
I told you.
14
Q.
You’re
still
having
problems
with
leachate
at
15
this
time,
correct?
16
A.
It’s
an
ongoing
issue,
yes.
17
Q.
Okay.
That’s
fine.
Now,
you
indicated
that
18
you
had
some
input
into
the
Sig
Mod
--
I’m sorry,
into
19
the
gas
permit?
20
A.
That’s
correct
21
Q.
And
that’s
working
with
RTC?
22
A.
Resource
Technologies
Corporation,
that’s
23
correct.
24
Q.
And
I believe
Robert Fortelka,
who testified
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1
on
behalf
of
Watts
at
previous
days
of
this
hearing,
2
indicated
that
some
of
the
wells
they
have
installed
3
for
gas
extraction
are
also
going
to
be
installed
--
4
are
also
going
to
be
used
for
leachate
extraction?
5
A.
We’ve
made
that
proposal
in
the
Significant
6
Modification.
When
the
Sig
Mod
is
issued,
we
can
do
7
that
permitted
activity.
8
Q.
Can
you
tell
me
what
will
be
needed
--
what
9
you need
to
do to those gas extraction
wells
to ready
10
them
for
leachate
extraction?
11
A.
We
would
have
to
put
down
a
leachate
pump,
12
you know,
lower
it down
into the bottom of the well.
13
It’s probably going
to be very similar
to the ones
14
that
we
constructed
at
Sangamon
Valley
Landfill.
15
They’re
going
to
be
driven
by
air.
They’re
pneumatic
16
pumps.
You
know,
they’ll
pump
up
leachate
to
a
17
central
holding
tank,
and
then
there
are
a
couple
18
different
options.
We
can
haul
it
--
we
do
have
a
19
permit
to
haul
it
to
a
local
wastewater
treatment
20
plant
or we
are looking
at utilizing
landfill
gas to
21
--
there
is
a
method
that
you
can
heat
up
the
leachate
22
and put
it
through
a volatile organic compound filter
23
that,
you know,
will
pull
the volatiles
off,
and we
24
are
looking
at that option,
and we’ll probably apply
CA.PITOL
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1
for
a
permit
to
do
that
once
the
gas
system
is
up
and
2
running.
3
Q.
Now,
as part
of your contract with RTC are
4
they
required
to
do
any
of
the
installation
of
5
equipment
or
prepare
--
or otherwise
prepare
these gas
6
extraction
wells
for the leachate
extraction?
7
A.
No.
8
Q.
That’s
something
that
Watts
is
going
to
do?
9
A.
That’s
solely on our
--
our
responsibility.
10
Q.
Now,
I
believe
the
gas
management
system
is
11
not
supposed
to
be
ready
and
operational
until
the
12
middle
of
1997,
is
that
right?
13
A.
Most
likely.
That’s the schedule.
14
Q.
Now,
when can you begin
--
let’s
assume
for
a
15
minute
you
obtain
a
permit
to
do
the
leachate
16
extraction.
When
based
on
the
completion
of
the
gas
17
management
system
can
you
begin
installing
the
18
necessary
equipment
on
the
wells
to
extract
leachate?
19
A.
We do not need to wait
to complete
the
20
activities
for the gas management
system.
We can
21
install
the leachate
collection
system
at any time.
22
Q.
Okay.
Even before the gas extraction
system
23
is completed?
24
A.
That’s
correct.
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1
Q.
Since
we’re
talking
about
the
Sig
Mod
to
a
2
certain extent,
can you explain why when
the original
3
Sig
Mod
was
denied
in
February
of
1995
why
it
took
4
Watts
until
October
of
this
year
to
make
a
resubmittal
5
of
that
application?
6
A.
Well,
I
don’t
know
what
happened
when
I
was
7
not
employed
by
Watts.
I
wasn’t
privy
to
the
8
conversations
between
CH2M-Hill
and
ESG
Watts
at
all
9
times.
I
had
been
involved
a
little
bit.
But
I
had
10
been
gone
for
about
a
year
period
at
that
time
and,
11
you
know,
when
I
was
employed
there,
CH2M-Hill
they
12
were working
on the revision.
There
were certain
13
things
that
we
needed
to
do.
We
had
to
install
some
14
--
we wanted to install some wells off-site
to do,
you
15
know,
groundwater
investigation.
And
I’m
not
real
16
familiar
with
all
the
details
on
it.
I’m
kind
of
17
shaky
on
it.
18
Q.
Are
those
the
Hanson
field
wells?
19
A.
That’s
correct.
20
Q.
And the purpose
for installing
those
wells
21
was
to
serve
as
a
basis
for
a
background
study,
is
22
that
--
23
A.
Background and to help classify
the
24
groundwater
in the area,
if
I remember
correctly.
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1
Q.
Now,
I
do
realize
that
you
were
not
employed
2
by Watts
from May of 1995 until July
of this
year.
Is
3
that
--
4
A.
That’s
correct.
5
Q.
--
the
time
period
you
gave?
6
Okay.
Do
you
know,
though,
did
Watts
ever
give
a
7
deadline
to
CH2M-Hill
or
to
their
own
site
employees
8
as
to
when
this
new
Sig
Mod
submittal
had
to
be
9
completed?
10
A.
Not
that
I
recall.
11
Q.
Isn’t
it
true
that
the
only
deadline
for
12
resubmittal
that was ever mentioned by Watts
to
13
CH2M-Hill
was
that
it
be
submitted
prior
to
beginning
14
the
hearing
in
this
case?
15
A.
It
was
the
goal.
16
Q.
Now,
aside
from
the
work
you
mentioned,
17
installation
of
the
wells
and
other
work
you
18
mentioned,
was
there
other
engineering
work
that
Watts
19
had
to
do
on-site
and
provide
the
results
to
CH2M-Hi11
20
for this Sig Mod resubmittal?
21
A.
We had to collect
leachate
samples.
22
Q.
Now,
again,
understanding
that you were not
23
employed
by Watts during
this certain period of
time,
24
do you know when those
leachate samples were
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1
collected?
2
A.
Actually,
I think
I was employed by the time
3
the samples
were taken.
It was sometime this
summer,
4
summer
of
‘96.
5
Q.
Do you have any explanation
as to why nearly
6
a
year
after
a
meeting
with
the
Agency
to
discuss
the
7
Sig
Mod
denial
why
it
would
take
that
long
for
8
leachate
samples
to
be
collected?
9
A.
Well,
we
had
to
install
leachate
-
-
we had to
10
install
wells
to
extract
the
leachate.
We
needed
a
11
permit
to
install
the
wells.
12
Q.
Who oversaw
this
work,
the engineering
work
13
that Watts performed?
14
A.
What
work
are
we
--
15
Q.
For
the
Sig
Nod
resubmittal.
16
A.
I
was
involved
with
it,
Mr.
Grothus
was
17
involved
in
it,
for
CH2M-Hill
it
was
the
18
responsibility
of
Steve
Keith.
19
Q.
Was Steve
Keith present
at the site during
20
the performance
of the engineering work?
21
A.
He had made visits
to the site,
I don’t
know,
22
three
or four
times,
23
Q.
Did Watts
hire any outside personnel
to
24
assist
them
in
performing
the
work
necessary
for
the
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1
Sig
Mod
resubmittal?
2
A.
CH2M-Hill.
3
Q.
People
to perform the work
that Watts was
4
going
to
perform
on-site?
5
A.
We
hired
contract
--
Indeco,
we
hired
them
to
6
do
some
work
on-site.
They’re
the
company
that
7
drilled
the
Hanson
wells.
8
Q.
When
was
that
done?
9
A.
I’m not exactly
sure.
I wasn’t employed
at
10
the
time
when
that
was
done,
but
it
was
in
the
summer
11
--
it
was
shortly
after
that
August
of
‘95
meeting.
12
Q.
And how
is
it that you know that?
13
A.
Just
with
conversations
with
Mr.
Grothus.
14
Q.
Was
the
collection
of
leachate
samples
the
15
last
bit
of
work
that
Watts
needed
to
do
and
submit
to
16
CH2M-Hill
for
the
Sig
Mod
resubmittal?
17
A.
I
think
so
but
I
--
you
know,
I
wouldn’t
be
a
18
hundred
percent
sure.
I
think
that
was
one
of
the
19
things
holding
up
the
project
was
the
leachate.
20
Q.
Now,
we also
--
already
know
through
21
testimony
of Steve
Keith
of
CT-flM-Hill
that there
were
22
some delays resulting
from Watts’
inability or
23
unwillingness
to pay bills
that were owed
to
24
CflM-Hill.
Do you recall
that testimony of his?
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1
A.
I
recall
that
2
Q.
And would you agree with that testimony
of
3
his?
4
A.
I
have
no
reason
to
disagree
with
it.
5
Q.
Do
you
know
how
much
Watts
has
paid
CH2M-Hill
6
to date
for the preparation
of the Sig Nod
7
resubmittal?
8
A.
The
total
amount
or
just
for
the
resubmittal?
9
Q.
For
the
resubmittal.
From
February
of
‘95
to
10
the
present.
11
A.
20
or
30,000
dollars.
12
Q.
And
is CH2M-Hill
currently performing
any
13
additional
work
in
connection
with
the
Sig
Mod
14
resubmittal7
15
A.
At
this
time
the
Sig
Mod
has
been
submitted.
16
There
is
no
work
to
be
done
at
this
time
until
we
get
17
a
response
back
from
the
Agency
whether
it’s
complete
18
or
incomplete
or
denied
or
approved.
19
Q.
Okay.
Now,
we
know
we’re
talking
about
two
20
Sig Mod resubmittals.
There was
a resubmittal
on
21
October
18,
1996,
and then there
was,
from what
I
22
understand
from today’s
testimony,
a formal
23
reapplication
in the
first couple weeks
of November,
24
is that accurate?
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1
A.
Yeah.
2
Q.
Now,
between the October
18,
1996
submittal
3
and
the
resubmittal
of
the
formal
application,
was
4
there
any
additional
engineering
work
that
needed
to
5
be
done?
6
A.
Not
that
I
recall.
7
Q.
Basically,
a
permit
application
just
needed
8
to
be
filled
out
and
signed,
is
that
your
9
understanding
of
the
work
that
needed
to
be
done?
10
A.
Yeah.
We
may
have
changed
a
few
minor
11
sentences
or
something,
but,
you
know,
no
major
12
calculations
were performed
or major
revisions
of
13
design
or
anything
like
that.
14
Q.
Does
Watts
currently
owe
CH2M-Hill
any
money
15
for
the
work
--
16
A.
We
received
an
invoice
just
recently.
I
17
think
our
balance
due
is
4,000
dollars.
18
Q.
Were
you
involved
at
all
in
drafting
any
19
portions
of
the
Sig
Mod
Application
or
resubmittal?
20
A.
Yes.
21
Q.
What
portions
were
you
involved
in
drafting?
22
A.
You know,
they’re clearly spelled out
in the
23
applications.
There’s like subtitles
or subheadings
24
that,
you
know,
delineate
who
it
was
prepared
by.
I
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1
don’t
know
if
I’ll
remember
all
of
them.
But
I
did
2
the closure
plans,
a lot of
them.
You know,
I had
a
3
lot
of input probably on
just about every section
4
except
probably
groundwater.
5
Q.
And
for
the
groundwater
portion
of
the
Big
6
Mod
you
relied
on
CH2M-Hill?
7
A.
For
the
most
part.
8
Q.
You
indicated
you
were
involved
in
drafting
9
the closure
plan in the Sig Mod?
10
A.
tjh-huh.
11
Q.
And
that
involves
cost
estimates?
12
A.
Uh-huh.
13
Q.
And
I
assume
you
were
also
involved
in
14
preparing
the
cost
estimates,
correct?
15
A.
That’s
correct
16
Q.
Do
the
closure/postclosure
cost
estimates
in
17
the
Big
Mod
Application
include
any
estimates
related
18
to
the
gas
management
system?
19
A.
I
think
they
do.
20
MS.
SYMONS-JACKSON:
Charlie,
what
exhibit
21
was this
of
yours,
the Sig Mod resubmittal?
22
MR.
NORTHRUP:
1.
23
Q.
I’m
going
to
hand
you
Respondent’s
Exhibit
1.
24
A.
Okay.
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1
Q.
Actually,
if
you’ll
agree
that
this
is
2
Exhibit
1,
I’ll just
show you the portion
I’m talking
3
about.
It’s
in
Attachment
18,
which
deals
with
the
4
contingency
plan,
and
then
we’ve
also
got
closure
5
costs
in
here.
6
A.
Okay.
7
Q.
Can
you
take
a
look
at
those
for
me?
8
A.
Are
we
just
looking
at
closure
costs
or
9
closure and postclosure
costs?
10
Q.
What
I’m
concerned
about
is
whether
there
are
11
any
estimates
relating
to
the
gas
management
system.
12
A.
In
either
section?
13
Q.
Right.
14
A.
Okay.
I
would
say
that
we
left
it
off.
15
Q.
Okay.
Now,
you testified earlier that RTC
is
16
bearing
the
responsibility
for
the
finances
involved
17
in
installing
this
gas
management
system,
correct?
18
A.
Yes.
19
Q.
Now,
once
the
gas
management
system
has
run
20
its course,
10,
15,
however many years
down the road,
21
and
there’s
no
longer
gas
to
be
extracted
from
the
22
landfill,
what happens
to all
of these wells
that
have
23
been installed?
24
A.
They will
be plugged.
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1
Q.
And
who’s
responsible
for
the
plugging
of
2
those wells?
3
A.
RTC.
4
Q.
And
that’s
pursuant
to
your
contract
with
5
RTC?
6
A.
That’s
correct.
7
Q.
So
any
--
strike
that.
8
All
of
the
costs
associated
with
the
installation,
9
operation,
and
dismantle,
if
you
will,
of
the
gas
10
management
system
are
costs
that
are
borne
entirely
by
11
RTC,
is
that
correct?
12
A.
That’s
incorrect.
13
Q.
Okay.
What costs are not borne
by RTC?
14
A.
We’ve
assisted
them
in
a
lot
of
their
15
activities
that
have
been
costs,
you
know,
solely
16
associated
with
our
company
that
we
have
not
charged
17
them
with.
We’ve
supplied
them
with
equipment
to
use,
18
we’ve
supplied
them
with
personnel
when
they
lacked
19
people,
we’ve
supplied
them
with
office
space,
20
telephone,
secretarial
services.
There
is
a cost
21
associated,
you know,
with all those
activities
that
22
we have bore.
23
Q.
Can you put
a dollar
figure
on that cost?
24
A.
I probably could
if you want.
We have
CAPITOL
REPORTING
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217-525-6167
858
tracked,
you
know,
time
that
people
have
spent,
the
equipment
that
we’ve
loaned
them
and
used,
the
fuel,
but
we’ve
never
put
a
dollar
figure
to
it,
but
I
probably
could.
Q.
Go ahead.
A.
You
know,
I
--
it
would
be
in
the
range
of
tens
of
thousands
of
dollars.
Q.
10,000 dollars
is that
A.
Tens
of
thousands,
you
Q.
Was this
a contractual
As
a
part
of
your
contract
were
them
with,
you
know
--
A.
No,
we
were
not.
what
you
--
know,
10,
20,
maybe
obligation
with
RTC?
you
supposed
to
supply
Q.
So
it was just out
of the kindness
of your
heart
that
you
did
that,
is
that
correct?
A.
That’s
correct.
Q.
That’s
very nice
of you,
Tom.
A.
Thank
you.
Q.
I think you indicated earlier
that the burden
for
providing
financial
assurance
is
a
burden
borne
by
the
landfill
owner/operator,
correct?
A.
Yes.
It’s
solely
our
responsibility
according
to
the
regulations
of
the
Illinois
CAPITOL
REPORTING
SERVICE,
INC.
30
:i.
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
SPRINGFIELD,
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217-525-6167
859
1
2
3
4
5
6
A.
7
Q.
8
recent
s
9
A.
10
Q.
11
calculat
12
that
RTC
13
14
15
is
16
man
17
18
19
20
21
22
23
24
Administrative
Code
35.
Q.
And
so
whether
or
not
contract
with
RTC
to
dismantle
that
a
cost
that
would
be
part
closure/postclosure
care
costs
you have
a separate
the
gas
system,
isn’t
of
the
of
the
landfill?
Yes,
it
would
be.
So
that’s
a
cost
that’s
not
included
in
your
ubmittal
to
the
Agency,
correct?
That
is not included.
Do
you
have
--
would
you
prepare
the
ions
for
that
cost
or
would
that
be
something
would
prepare
and
submit
to
you?
A.
We
do
it
jointly.
Q.
And do you have an estimate of what
that
cost
for
the
closure/postclosure
care
of
the
gas
agement
system?
A.
It’s
been
filed
as
an
application
to
the
and
it’s
been
approved
and
it’s
740,000
dollars.
Q.
Tom,
how many acres have been filled
at
landfill
and
are
currently
inactive?
A.
40.
Q.
And how many acres make
up the currently
active
site?
A.
15
to
16.
EPA
the
CAPITOL
REPORTING
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INC.
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217-525-6167
860
1
Q.
Now,
talking
only
about
the
inactive
areas
of
2
the
site,
when
was
the
final
lift
of
waste
placed
in
3
those
areas?
4
A.
The
inactive
areas,
when
was
the
final
-
-
5
could
you
please
repeat
the
question?
6
Q.
Sure.
In
the
40
some
acre
inactive
area,
7
when
was
the
final
lift
of
waste
placed
in
that
area?
8
A.
There would
have been,
you know,
various
9
times
through the years,
you know.
Some areas would
10
have
reached
final
grade,
you
know,
four
or
five
years
11
ago.
Some
maybe,
you
know,
three
years
ago.
12
Q.
So
would
it
be
your
estimate
that
the
final
13
volume then of waste
that was placed
in the inactive
14
area
would
have
been
placed
three
years
ago?
15
A.
Yes,
maybe
four.
16
Q.
I’m
going
to
show
you
a
map.
This
was
not
on
17
our
previous
exhibit
list.
It’s
what
we’ve
identified
18
as
People’s
Exhibit
68.
Can
you
identify
what
this
19
map
is?
20
A.
It’s
a
map
prepared
by
Noble
Earth
21
Corporation
that
it’s identified
as landfill
cover
22
certification
depth check
locations.
23
Q.
Okay.
Now,
isn’t
it
--
wouldn’t
it
be
24
accurate
to say that the map or the contours on the
CAPITOL
REPORTING
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INC.
SPRINGFIELD,
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217-525-
6167
861
map
were
not
prepared
by
Noble
Earth?
Would
those
have
been
prepared
by
someone
else?
A.
This
aerial
survey
would
have
been
prepared
I’m
pretty
sure
it’s
probably
Surdex
Corporation
years
back.
Do
you
know
how
many
years
ago
they
did
that?
We’ve
had
the
site
flown,
you
know,
two
or
times
in
the
last,
you
know,
four
or
five
years,
don’t
know which flyover this
is
from.
I
ly
don’t
remember.
And
the
part
that
was
prepared
by
the
Noble
would
you
agree
is
limited
to
the
grid
that’s
on
the
map
or
on
top
of
the
contoured
--
contours
site?
by
--
a few
Q.
A.
three
and
I
honest
Q.
Earth
top
of
of
the
A.
The
grid
and
the
small
circles
with
numbers
identifying
the
locations.
Q.
Can you identify
looking
at this map where
the
final
lift
of
waste
was
--
where
is
the
location
of
the
final
lift
of
waste
in
the
inactive
area
of
the
site?
A.
Well,
my
guess
--
and,
you
know,
I
haven’t
been there
for all the years,
but we started,
you
know,
from
talking
to
site
personnel,
Watts
personnel
started filling the landfill
in this southwest
CAPITOL
REPORTING
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INC.
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217-525
-6167
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
862
1
southeast
corner of
the site.
They worked
their way
2
west and then they worked their way north along the
3
west
side.
And my guess would
be somewhere
in the
4
northwest
portion.
5
Q.
Can you identify
it by any numbers
that are
6
on
there
what
your
estimate
would
be,
the
numbers
of
7
the
grid?
8
A.
You
know
F-0
or
E-0
or
E-1,
somewhere
in
9
there.
10
Q.
Do
you
know
how
much
final
cover
has
been
11
applied
to
this
inactive
area?
12
A.
In terms
of thickness
or quantity
in yards
13
or
--
14
Q.
Why
don’t
you
give
me
thickness
first?
15
A.
It varies but,
you know,
it’s anywhere
from,
16
you
know,
two
and
a
half
feet
to
three
feet
to
four
17
feet.
I’ve
seen
places
with
thicker
cover
on
it
than
18
that
19
Q.
And
were
you
employed
by
Watts
during
the
20
years when the final
cover was placed on this inactive
21
area?
22
A.
Some areas
I was employed and some areas was
23
previous
to my employment
24
Q.
And
would
you
have
been
the
person
during
CAPITOL
REPORTING
SERVICE,
INC.
SPRINGFIELD,
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217-
525-6167
863
1
your
years
of
employment
that
would
have
been
2
responsible
for
overseeing
the
placement
of
the
final
3
cover?
4
A.
No,
not
necessarily.
You
know,
Elmer
Elliott
5
would
have,
you
know,
known
that
he
had
to
place
final
6
cover.
I
don’t
think
I
ever
gave
him
a
direct
order,
7
said
go
put
final
cover
here,
but
it
was
done
through,
8
you
know,
the
years
that
I’ve
been
there.
9
Q.
Now,
isn’t
it
true
that
there’s
still
some
10
work
that
needs
to
be
done
on
the
final
cover?
11
A.
There
are
a
few
areas
that
we
have
identified
12
that
lack adequate cover.
13
Q.
When
are
those
areas
going
to
be
addressed?
14
A.
I
think
some
of
them
have
already
been
15
addressed.
Other
ones
--
there’s
an
area
that
was
16
identified
I’d
say
around
like
K-l4
I
think.
There’s
17
a
lot
of
equipment
sitting
on
top
of
the
landfill
in
18
that
general
area
that
the
cover
was
identified
as
19
thin
and
we
would
like
to
move
the
heavy
equipment
20
that’s sitting
in that
area and apply additional
21
cover.
22
Q.
Now,
there
have been gas extraction
wells
23
installed
in this
area,
have there not?
24
A,
Wherever
you
see
a
small
circle
I
think
CAPITOL
REPORTING
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INC.
SPRINGFIELD,
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217-525
-6167
864
1
that’s
what
they
indicate
that
that’s
a
gas
extraction
2
well.
I
think there’s
88
of them
in this
area.
3
Q.
Now,
it was my understanding
that
the small
4
circles
on
this
map
represented
the
borings
taken
by
5
Steve
Brao
in
connection
with
his
--
the
soil
borings
6
he
was
taking
to
determine
the
thickness
of
cover.
7
A.
Well,
I
look
at
some
of
the
designations
on
8
them,
you
know,
I
see
like
GE
40
and
like
GE,
you
9
know,
those
are
designations
that
they
use
solely
for
10
landfill
gas
extraction
wells.
ii.
Q.
Was the final cover disturbed during the
12
installation
of
the
gas
extraction
wells?
13
A.
We drilled through
it.
14
Q.
And
was
there
any
work
that
needed
to
be
done
15
after
the
wells
were
installed
to
reinforce
or
to
16
correct
the
final
cover?
17
A.
When
they
would
set
up
their
drilling
rig,
18
they
would
have
to
make
it
level,
and
they
would
do
19
one
of
two
things
to
make
it
level
to
set
up
the
20
drilling
rig.
They would either cut
into the area
to
21
make
it
flat
or
they
would
bring
soil
in
to
level
the
22
area
out.
And those
areas that
they had to cut
into
23
the
cover
to
level
it
off,
we
had
to
redo
and
add
more
24
cover.
CAPITOL
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INC.
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217-
525-6167
865
1
Q.
And
would
you
say
then
that
was
--
well,
let
2
me ask you this.
Prior
to the soil borings
taken by
3
Steve
Brao,
when
was
the
last
time
cover
material
was
4
applied
over
the
inactive
area?
5
A.
I’m
going
to
say
sometime
in
‘92.
6
Q.
Now,
what
about
the
vegetative
cover
at
the
7
inactive
area?
Isn’t
it
true
that
there
are
still
8
some
areas
that
lack
a
vegetative
cover?
9
A.
There
is
areas
where
we’ve
had
problems
with
10
maintaining
the
cover.
I
think
every
area
that
we’ve
11
applied
final
cover
we
have
at
one
time
seeded.
12
Q.
Can
you
describe
for
us
in
detail
what
the
13
vegetative
cover
currently
in
place
is
like?
14
A.
Well,
it
depends
where
you’re
at.
We’ve
had
15
a
lot
of
problems
on
the
west
side.
At
one
time
I
16
think
shortly
after
1990
--
sometime
in
1992
after
we
17
applied
a
lot
of
final
cover
in
this
area,
we
hired
a
18
local
farmer,
Bush
Farms,
to
come
in
and
seed,
and
you
19
know,
he
seeded,
I
don’t
know,
20,
30
acres,
you
know.
20
We have
an invoice,
you know,
showing
that
--
he’s
got
21
a meter
on his tractor that counts how many acres
he
22
seeds.
You know,
they use
it
in farming
to track
how
23
much they plant
for crops and stuff.
And that’s how
24
he
billed
us
and
I
can’t
remember
the
exact
number.
CAPITOL
REPORTING
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INC.
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217-525-
6167
866
1
But
it
basically
covered
this
west
portion.
2
Q.
And what about any other
areas
of the site,
3
have you had problems maintaining
a vegetative
cover
4
in
any
other
areas?
5
A.
There
are
areas
over
the
entire
site
we’ve
6
had
trouble
maintaining
a
vegetative
cover,
7
Q.
Would
you
agree
that
some
of
the
erosional
or
8
runoff
problems
at
the
site
are
at
least
in
part
due
9
to
a
lack
of
vegetative
cover
in
some
areas?
10
A.
Well,
I
--
I
think
that
the
--
in
some
places
11
the
lack
of
cover
has
been
caused
by
the
erosion
and
12
then,
you know,
it’s
a catch-22
situation,
you know.
13
Q.
Now,
aside
from
having
this
Bush
Farms,
or
14
whoever
you
mentioned,
come
in
and
seed
the
western
15
portion
of
the
site,
what
other
efforts
has
Watts
16
undertaken
to
maintain
a
vegetative
cover?
17
A.
Well,
we’ve
purchased
seed
on
our
own
and
18
we’ve
applied
it
ourselves
in
various
areas,
you
know,
19
in
small
areas
all
through
the
site.
What
Watts
did
20
to
seed,
you
know,
the
south
half
of
the
landfill
21
before
I
was
employed
there
I
have
no
idea.
But
there
22
is,
you
know,
vegetation
throughout
the
south
side
of
23
the
landfill.
I
remember
in
the
northwest
corner
we
24
did
a
lot
of
work
there
in
grading
it
one
summer,
CAPITOL
REPORTING
SERVICE,
INC.
SPRINGFIELD,
ILLINOIS
217-525-6167
867
1
regrading
it,
trying
to
control
the
runoff
in
Mr.
2
Whitley’s
pond,
and we did have
it
--
you
know,
it
3
looked like
a green
grass field
for the summer,
and
4
then
the
next
spring
it
really
didn’t
hold
the
--
it
5
was
washed
away.
6
Q.
Now,
this
map,
People’s
Exhibit
68,
was
7
prepared
I
think
by
Steve
Brao
and
Noble
Earth
to
8
assist
in
the
soil
borings
he
was
taking,
correct?
9
A.
That’s
correct.
10
Q.
When
did
Watts
decide
to
perform
these
soil
11
borings?
12
A.
We contacted Noble
Earth Corporation
to
do
it
13
it was
in the early part
of
1995.
Steve was awarded
a
14
contract
by
Resource
Technologies
to
do
the
CQUA
work
15
on
the
installation
of
the
gas
system
and
at
that
time
16
we
asked
him
if
he
would
be
interested
in
performing
17
the
--
you
know,
looking
at
the
cover
thicknesses
18
on-site,
and
he
said
he
would,
and
we
asked
him
to
19
submit
a
proposal,
and
he
did.
20
Q.
And
that
was
this
summer,
is
that
what
you
21
said?
22
A.
Probably we got the proposal sometime
this
23
summer,
24
Q.
What
prompted
your
decision
to
perform
the
CAPITOL
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INC.
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217-525-
6167
868
1
soil
borings?
2
A.
Basically,
you
know,
we
were
confident
that,
3
you
know,
we
had
adequate
cover,
but
we
felt
that
the
4
burden
of proof would
be on us with the Agency,
so
S
that’s what prompted
it.
6
Q.
And
did
Watts
give
Mr.
Brao
and
the
Noble
7
Earth
Corporation
a
deadline
for
performing
the
soil
8
borings?
9
A.
No.
10
Q.
Was
it
anticipated
or
expected
by
Watts
that
11
the
soil
borings
would
be
completed
prior
to
the
12
hearing
of this
case?
13
A.
That
was
our
intention,
but
we
didn’t
say
it
14
had
to
be
done
by
that
date.
I
think
when
we
entered
15
into
the
contract
we
assumed
it
would
be.
16
Q.
And
I
think
you
testified
earlier
that
all
of
17
the work
--
it
was
not
just
a
matter
of
taking
soil
18
borings,
number
one,
there
were
some
other
tests
19
regarding
permeability
that
needed
to
be
performed
20
after
that,
if
I
remember
Mr.
Brao’s
testimony
21
correctly.
22
A.
Yeah.
There
are
various
different
types
of
23
permeability
tests.
In
this
case
it’s
not
an
in
situ
24
permeability,
it’s
a
lab
permeability
where
you
look
CAPITOL
REPORTING
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INC.
SPRINGFIELD,
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217-
525-6167
869
1
at
the
properties
of
the
soil
itself
and
see
what
type
2
of permeabilities
it
is
able
to obtain
in the lab
3
conditions.
And then you take
that
information
--
4
there’s
a lot
of different
--
you
use
a
proctor
and
5
you
come
up
with
a
correlation
between
the
moisture
6
density
relationship,
and
you
make
an
assumption
that
7
by
this
moisture
density
relationship,
if
you
8
compacted
the
soil
to
a
certain
density
and
it
has
a
9
certain
moisture
content,
you
will
achieve
a
certain
10
permeability.
11
Q.
And
I
think
you
said
earlier
that
those
--
12
the
tests
or
the
analysis
of
the
soil
is
still
13
ongoing,
is
that
--
14
A.
I
called
the
lab
yesterday
and
the
lab
15
manager
that
I’ve
been
communicating
was
not
in
and
he
16
was
supposed
to
call
me
back
and
I
haven’t
heard
from
17
him.
18
Q.
But
in any event,
you haven’t gotten
results
19
from
them
yet,
is
that
true?
20
A.
That’s
correct.
21
Q.
Now,
looking
at
this Exhibit
68,
I
guess,
22
first
of
all,
would you agree
that this
is
an accurate
23
representation
of the facility?
24
A.
In
some
areas
it
is
and
in
other
areas
there
CAPITOL
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217-
525-6167
870
1
have
been
changes
to
the
--
you know,
to what these
2
contours
would
represent.
3
Q.
Okay.
Who
--
you
said
Surdex
prepared
this
4
for
you?
5
A.
There’s
been
a
couple
different
companies.
6
Surdex
was
one
company
we’ve
hired
and
another
company
7
I
think
we’ve
hired
is
Air
Maps.
8
Q.
Tom,
do
you
know
what
the
maximum
permitted
9
elevation
for
the
Taylor
Ridge
Landfill
is?
10
A.
It’s
like
765
I
think.
11
Q.
Now,
this
is
a
permit
1995-374
SP.
It
was
12
the
January
1996
permit.
We’ve
already
offered
it
13
into
evidence.
I
believe
it
was
Exhibit
59,
but
if
14
you
can
double-check
for
me.
15
MR.
NORTHRUP:
56
I
think.
16
HEARING
OFFICER
FRANK:
Yeah,
56.
17
Q.
Tom,
would
looking
at
this
permit
refresh
18
your
recollection
as
to
the
permitted
maximum
19
elevation
of
the
landfill?
20
A.
I’d
have
to
see
it
to
--
2.
Q.
This
one
is
not
marked
with
an
exhibit
22
number,
but
I think you can probably
--
23
A.
It’s listed
as
760 feet
MSL.
24
Q.
Okay.
And
MSL
is
mean
sea
level?
CAPITOL
REPORTING
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217-525-
6167
871
1
A.
That’s
correct.
2
Q.
And you agree
that 760 feet mean sea level
is
3
the
maximum
permitted
height
of
the
landfill?
4
A.
That’s
correct.
5
Q.
I
want
you
to
look
again
at
Exhibit
68.
6
Please
identify
for
me
what
the
highest
elevation
is
7
indicated
on
this
map.
If
I
can
direct
your
8
attention,
there’s
a
lot
of
numbers
to
look
at.
9
Around
in
this
area?
10
A.
I
see
some
770s.
It’s
kind
of
hard
to
read
11
the
map.
775.
I
think
this
one
here
might
be
775.
12
Q.
And
a 776
or 778 over here?
13
A.
I
can’t
tell
whether
that’s
--
14
HEARING
OFFICER
FRANK:
For
the
record,
we’re
15
in
the
center
kind
of
right-hand
side
of
the
map.
16
MS.
SYMONS-JACKSON:
The
numbers
on
the
map
17
for
reference
we’re
looking
in
the
area
of
--
there
18
are
small
circles
on
the
map
and
the
numbers
in
this
19
area
are
153,
149,
152.
20
Q.
So the contours
on this map,
Tom,
would you
21
agree are higher
--
show
elevations
higher
than
the
22
maximum permitted
height
of the landfill?
23
A.
Yes.
But,
you know,
that maximum
--
24
Q.
That’s
good.
And
so are you aware,
Tom,
that
CAPITOL
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872
1
the
landfill
is
currently
overheight
--
over
its
2
permitted
height?
3
A.
That’s
debatable.
4
Q.
Go
ahead
and
explain.
5
A.
That’s
a stockpile
of
soil
that we put up
6
there.
It’s
not
garbage.
And
that
stockpile
is
no
7
longer
there.
8
Q.
Have
you
had
any
air
surveys
done
since
this
9
map
was
produced?
10
A.
We
did
one
in
preparation
for
the
Significant
11
Modification
that
was
recently
submitted.
I
mean
the
12
original submission
of the Sig Mod there was an aerial
13
performed that
I think
--
14
Q.
The
‘94
submission?
15
A.
I
think
so.
16
Q.
I
mean
we’re
not
talking
about
the
17
resubmittal
of
this
year?
18
A.
No,
the
original
submission
had
a
19
different
--
20
HEARING OFFICER
FRANK:
Are you talking about
21
Exhibit
3?
22
A.
It
should say in here when the aerial was
23
taken and by who.
This
is the same
one
as
this.
24
Q.
So this map that
is People’s Exhibit
3
is the
CAPITOL
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217-525-6267
873
1
same
as
People’s
Exhibit
68?
I
mean
the
contours
that
2
are shown?
3
A.
See,
up in here they
look
at the same,
and
4
I’m trying
to see
if down
here
at the bottom,
it would
5
be
the
northeast
corner,
would
tell
if
there
was
6
differences.
I
think
that
they’re
probably
the
same
7
map.
8
Q.
Let
me
ask
you
this
then,
since
we’re
talking
9
about
People’s
Exhibit
3.
would
you
say
based
on
what
10
you
know
about
the
site,
was
this
the
last
aerial
11
survey
that
was
made
of
the
landfill?
12
A.
You know,
I wouldn’t be able
to tell without
13
looking
at
the
two
different
ones
that
we
have
done
in
14
recent
years.
15
Q.
Okay.
Well,
why
don’t
you
look
at
People’s
16
Exhibit
3
then
and
tell
me
what
the
contours
indicate
17
in
the
same
area
we
were
looking
at
before?
What
are
18
the
maximum
numbers
there?
19
A.
I
see
a
775.
20
Q.
And that’s
above the maximum permitted
height
21
of the landfill,
correct?
22
A.
That’s
correct.
23
Q.
And
that
was
the
survey
that
was
prepared
for
24
the original
Sig Mod submittal,
right,
to the best
of
CAPITOL
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-6167
874
your
recollection?
A.
Yes.
Q.
So am
I correct
then
in understanding
your
testimony
that
as
you
sit
here
today
you’re
not
aware
of
whether
the
landfill
is
overheight
or
not?
A.
A
lot
of
the
material
up
on
top
of
that
landfill
is
cover
dirt,
stockpiled
soil
from
when
this
aerial photo was taken.
There
are still areas
up
there
that
I
know
of
that
we
have
six,
seven,
eight
feet
of
cover material.
As the drillers drilled down
on
that
top
area
through
the
cover,
there
was,
you
know,
a
lot
of
cover
on
top
before
we
hit
garbage.
Q.
There’s
currently material being stockpiled
at
the
top
of
the
landfill,
is
that
your
testimony?
A.
There’s
stockpiled
material
up
there,
but
we’re
not
moving
material
to
stockpile
it
now.
It’s
old
spoils
piles
from
before.
Q.
Now,
have
gas
extraction
wells
been
installed
in
that
area?
A.
Yes,
they
have.
Q.
Wouldn’t
it be very difficult
to go
in there
move
cover
material
once
the
gas
extraction
wells
in
place?
and
are
A.
Not
necessarily.
I’ve
done
it
before
at
a
CAPITOL
REPORTING
SERVICE,
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SPRINGFIELD,
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217-
525-6167
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
26
17
18
19
20
21
22
23
24
875
1
site.
2
Q.
Is
it
difficult
to
do?
3
A.
No,
it
wasn’t.
4
Q.
Wouldn’t
it
be
easier
if
there
were
no
wells
5
in
place?
6
A.
Yeah,
it would be easier.
7
Q.
Do
you
have
any
plans
to
--
or
let
me
ask
you
8
this.
Was
a
new
survey
prepared
for
the
Sig
Mod
9
resubmittal
that was just made
to the Agency?
10
A.
Not
that
I
--
I
would
say
no.
11
Q.
Does
Watts
have
any
plans
to
prepare
a
new
12
survey
that
would
indicate
what
the
elevated
--
what
13
the
contours
of
the
site
are?
14
A.
I
think
we’re
required
to
do
that
on
a
15
biennial
basis,
every two years,
and we had planned
to
16
do
it
in
‘97.
17
Q.
And
if you do have material
stockpiled
at the
18
top
of
the
site
where
gas
extraction
wells
have
now
19
been
installed,
when
do
you
plan
to
move
it?
20
A.
You
know,
we
can
move
it
at
any
time
we
need
21
to.
I mean
--
22
Q.
At
this
point
do
you
have
any
plans
to
move
23
it?
24
A.
No.
CAPITOL
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217-
525-6167
876
1
Q.
If
you
want
to
put
those
maps
aside,
I
don’t
2
think
we’re going
to talk about
them.
They’re
right
3
there
in your way.
4
HEARING OFFICER
FRANK:
Do you want to
5
move
--
6
MS.
SYMONS-JACKSON:
Yes,
I
would
move
to
7
admit
People’s
Exhibit
68.
B
HEARING OFFICER
FRANK:
Is there
any
9
objection?
10
MR.
NORTHRUP:
Yes,
there
is
an
objection.
11
First
of
all,
we
don’t
know
if
this
map
reflects
12
current
conditions
at the landfill.
Apparently,
it’s
13
a
map
from
1983.
14
Number
two,
you
know,
obviously
they’re
trying
to
15
prove
that
Watts
has
filled
beyond
its
permitted
16
boundaries.
That’s
not
an
allegation
that
was
ever
17
made
in
the
complaint.
This
is
the
first
time
we’ve
18
ever
heard
of
anything
along
those
lines
in
this
case.
19
The
first
time
I
have
seen
this
map
marked
as
an
20
exhibit
is today.
You know,
why haven’t they provided
21
me this map two months
ago,
if
in
fact
they had it?
22
mean this
is just
incredible
that they wait until,
you
23
know,
two hours before
we’re done with
a hearing
24
that’s lasted three days and has been on file for
CAPITOL
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INC.
SPRINGFIELD,
ILLINOIS
217-525
-6167
877
1
almost
two
years
for
them
to
bring
this
thing
out.
2
HEARING OFFICER
FRANK:
Have you had this map
3
prior
to today’s date?
4
MR.
NORTHRUP:
From
what
Tom
says
--
I
don’t
5
know
where
it
came
from.
6
MS.
SYMONS-JACKSON:
This
came
from
you
guys.
7
You
gave
it
to
us
at
Steve
Brao’s
deposition.
8
HEARING
OFFICER
FRANK:
You’ve
seen
this
map
9
before.
10
MR.
NORTHRUP:
It
came
from
Steve
Brao.
11
HEARING
OFFICER
FRANK:
I’m
going
to
admit
12
it.
13
(People’s Exhibit Number
68 admitted.)
14
MR.
NORTHRUP:
I
just
want
to
go
on
record.
15
I
think
that’s
really
stretching
and
I
think
it
is
16
really
incredible
that
this
case
would
be
on
file
for
17
two
years
and
then
at
the
last
minute
they
bring
18
something
like
this
in
with
an
attempt
to
prove
an
19
overfill
where
we
have
had
no
opportunity
to
defend
20
ourselves
on this.
It’s
just
incredible.
21
MS.
SYMONS-JACKSON:
For the record,
we’ve
22
had this map
--
we got this map at the last minute,
if
23
you want
to say,
from your witness,
Mr.
Brao,
You’ve
24
had this map and you could have looked
at
it
just
as
CAPITOL
REPORTING
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INC.
SPRINGFIELD,
ILLINOIS
217-525-6167
have
878
easily
as
we
could
have
HEARING
OFFICER
FRANK:
Okay.
That’s
enough
fighting
back
and
forth.
The
map
has
been
admitted.
We have
two hours
to finish this hearing,
so
let’s
move
on
MR.
DAVIS:
Ms.
Hearing
Officer,
we
are
not
fighting.
We
are
responding
to
accusations
as
have
been raised
continually.
And the filing of the
complaint
was
November
of
last
year
HEARING
OFFICER
FRANK:
Okay.
And
stated
that
and
Charlie
has
stated
that.
Let’s
move
on
at
this
point.
Mr.
Northrup,
I
remind
you
that
you
can
always
request
that
the
Board
overrule
me,
but
you
have
to
do
so
in
writing
and
restate
your
objection.
It
doesn’t
--
it’s
not
good
enough
to
just
state
it
orally
at
hearing.
Let’s
move
on
Q.
Moving
on
to
the
February
14,
1994
inspection
that was conducted
by James
Kammueller,
you testified
earlier you were present
with him during that
inspect
ion?
That’s
correct
Okay.
And you did not dispute
the statements
with
regard
to
never
monitoring
outfall
002
you
guys
CAPITOL
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217-525-
6167
1
2
3
4
5
6
7
B
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
A.
Q.
you
made
879
1
and not monitoring
outfall 001 for
a period
of
--
2
whatever period
is indicated
in Mr. Kammueller’s
3
report?
4
A.
I don’t
dispute
the not monitoring
002,
but
I
5
do dispute
001.
6
Q.
Now,
with outfall
001,
in Mr. Kammueller’s
7
inspection
report,
which
is People’s Exhibit
7,
he
8
indicates
that outfall
001 had not been monitored
9
since February
of
1992.
Is that
an accurate
10
statement?
Do you agree with that?
11
A.
We had not had a discharge
that we pumped
12
that we monitored,
no.
13
Q.
So your testimony
is that your interpretation
14
of your NPDES
permit
was that only those discharges
15
that you were actively pumping had to be monitored?
16
A.
That’s correct.
27
Q.
And
is
it now your understanding
that
that
18
interpretation
of the permit
is incorrect?
19
A.
I don’t
agree with his interpretation.
20
Q.
After Mr. Kammueller’s
inspection
of February
21
1994
and having just stated that you didn’t
agree with
22
his interpretation,
does that
mean you’re not going
to
23
--
you weren’t
going
to continue
--
begin monitoring
24
outfall
001?
CAPITOL REPORTING
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SPRINGFIELD,
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217- 525-6167
880
A
We monitor
it after
that point
as
he
required,
but we still disputed his interpretation
of
the permit
Q.
Now,
during the site inspection you observed
discharge
exiting the site with Mr.
Kammueller,
did
you not
A.
Yes,
I did
Q.
And that was
in the area
of
outfall
001?
A.
There
was
a small
discharge
at outfall
001.
Q.
And that was the discharge you mentioned
earlier
or you testified
earlier
that you then went
back after
the inspection
to try to take
a sample,
correct
.7
A.
That’s
correct
Q.
And when you got there,
the discharge was
small
at you could not get
a sample?
A.
Not really.
I mean
I was
--
I
would have
to
dig around
in, you know,
it
just
--
it was just very
minute.
There
just wasn’t
that much
snowmelt.
Q.
I think you testified
earlier that
the
sample
amount
that you were required to take pursuant
to that
NPDES permit was three aliquots,
correct?
A.
No.
Three equal
aliquots.
Q.
Three
equal aliquots
CAPITOL REPORTING SERVICE,
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217-525-6167
2
.7
th
so
1
2
3
4
5
6
7
8
9
10
11
12
23
14
15
16
17
18
29
20
21
22
23
24
882
1
A.
As
a composite
sample.
One aliquot
at each
2
sampling
event,
beginning
of
the storm,
the middle
of
3
the storm,
the end of the storm.
4
Q.
And you indicated
that that was
a very
small
5
amount,
I think
in your earlier
testimony,
an aliquot?
6
A.
Well,
an aliquot
in the permit
is defined
as
7
a hundred milliliters.
B
Q.
Which
I think you indicated was
a very small
9
amount
10
A.
It’s
a tenth of
a liter.
11
Q.
And you were
not able
to get that amount
for
12
a sample
from the discharge?
13
A.
No,
I didn’t say that.
It was
--
you
know,
14
the discharge
was
so
small,
you know,
it just
--
I
15
didn’t
think
it was a monitorable
event.
16
Q.
And so then when you report
no discharge
on
17
your DMR for February
1994,
you
in fact knew there was
18
a discharge
in February
2994,
is that correct?
19
A.
I
seen small
amounts
of runoff leaving the
20
site
but not what
I would attribute
as
a monitorable
21
discharge.
22
Q.
So instead
of indicating
on your DMR that
23
there was discharge but
a small
amount,
you just put
24
no discharge,
which
is not entirely
accurate,
correct?
CAPITOL
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217-525-6167
882
1
A.
Then
I
filled
it
out
incorrectly.
2
Q.
Are you still
signing DMRs
at this time?
3
A.
No,
I’m not.
No,
I’m not.
4
Q.
Under
the
new
permit
have
you
signed
any
5
DMRs?
6
A.
No,
I
have
not
7
Q.
Who
signs
those
DMRs?
8
A.
I
think
they’re
signed
by
Jerry
Eilers.
It
9
was also pointed out that
I did not have
the authority
10
to
sign
DMRs.
11
Q.
Now,
for
outfall
002
that
you
admittedly
had
12
not monitored
since
1986 when the permit was issued,
13
you also
continually
reported no discharge
from
1986
24
to
1994,
correct?
15
A.
I would not know anything previous
to 1991
16
when
I
was
employed.
17
Q.
Okay.
From
the time you were employed until
18
Mr.
Kammueller’s
inspection
of February 1994,
no
19
discharge
was
reported
for
outfall
002?
20
A.
That’s
correct.
21
Q.
And
you
indicated
in
response
to
one
of
Mr.
22
Northrup’s
questions
that you did not intentionally
23
file
a false
DMR.
Did you know whether
--
did
you
24
monitor
002
to
ever
see
if
there
were
discharges
CAPITOL
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217-
525-6167
883
1
occurring?
2
A.
No.
3
Q.
Now,
if
you
didn’t
do
that,
how
could
you
4
accurately
and
truthfully
report
that
there
were
no
S
discharges?
6
A.
I couldn’t.
7
Q.
And
yet,
that’s
what
you
reported
and
those
8
are
the
DMR5
you
signed?
9
A.
I did
it
wrong.
10
Q.
Now,
do
you
know
how
many
outfalls
--
I
21
realize
you’ve
said
you’re
not
that
involved
with
the
22
new NPDES permit.
Do you know how many outfalls
13
you’re
required
to monitor under
that permit?
14
A.
The
new
one
I
think
there
are
eight.
15
Q.
Have
you
had
any
problems
monitoring
any
of
16
those
eight
outfalls?
27
A.
We
have
been
collecting
samples
from
them.
lB
I’m
not
aware
that
we’ve
had
real
difficulty.
I
know
19
that
there
has
been
a
few
problems,
a
few
glitches
20
that we’re
trying
to work
out.
21
Q.
Do you review those DMRs
that are submitted,
22
the
DMRs
under
the
new
permit?
23
A.
I do not think
I’ve
looked
at
them.
24
Q.
And Beling Consultants,
they’re
the ones
that
CAPITOL
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217-
525-6167
884
1
do
your
lab
work
for
you
for
the
DMR5?
2
A.
Yes.
3
Q.
And
they’re
still
doing
that
today?
4
A.
Yes.
5
Q.
Were
they
your
consultants
in
1994?
6
A.
As
long
as
I’ve
been
at
the
site
they’ve
done
7
our
analytical
for
our
NPDES
permit
B
Q.
Okay.
Since
1992
as
far
as
you
know?
9
A.
As
far
as
I
know,
yeah.
10
Q.
And
is
there
a
certain
parameters
list
that’s
11.
in
the
permit
that
you
give
to
Beling
that
they
12
conduct
samples
for?
13
A.
Yes,
there
is.
14
Q.
And
then
they
report
their
analyses
results
15
to
you
or
to
Watts?
16
A.
They
send
us
the
reports
directly.
17
Q.
What
does
the
lab
charge
you
to
run
one
18
sample?
19
A.
Our
old
permit
it
was
57
dollars
per
out
--
20
Q.
Per
sample?
21
A.
Per outfall,
22
Q.
And was that
from 1991 until April
of 1996
23
when
the new permit was
issued?
24
A.
I don’t know
--
I
can’t
remember
what
the
CAPITOL
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217-525-
5167
885
2
prices
were
in
‘91.
I
looked
at
our
most
recent
2
invoice,
just recently,
and it was
--
and
this
is
the
3
most
recent
invoice
before we switched our NPDES
4
program
over,
I
happened
to
look
at
it
the
other
day
5
knowing
that
I’d
probably
get
asked
this
question.
6
Q.
And
that
was
the
57
dollars?
7
A.
57 dollars.
8
Q.
So
for
the
time
prior
to
February
14
of
1994
9
when you were not sampling
002 and for the time period
10
that you did not sample
001 you weren’t having
to pay
11
Beling
Consultants
for
any
analyses,
correct?
12
A.
Not any NPDES
analysis.
13
Q.
Right.
That’s what
I meant.
14
A.
That’s
correct.
15
Q.
To
clarify,
they
were
also
doing
groundwater
16
work
for
you?
17
A.
Yes,
they
were.
18
Q.
And
so
Watts
then
realized
some
savings
as
a
19
result
of
not
sampling
these
outfalls?
20
A.
I guess.
22
MS.
SYMONS-JACKSON:
That’s
all
I
have.
22
A.
Okay
23
HEARING OFFICER
FRANK:
Mr.
Northrup.
24
MR.
NORTHRUP:
Just
a
couple
of
quick
CAPITOL
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886
2
questions.
2
REDIRECT EXAMINATION
BY
3
MR.
NORTHRUP:
4
Q.
When
we
were
talking
about
Respondent’s
5
Exhibit
2,
which
is the Storm Water
Pollution
6
Prevention
Plan
prepared
pursuant
to
the
NPDES
permit,
7
does
Watts
rely
on
that
plan?
B
A.
Yes,
we
do.
9
Q.
Is
that
plan
required
by
permit?
10
A.
It’s
required
by
our
NPDES
permit.
12
Q.
What
does
the
permit
require
with
respect
to
12
the preparation
of that plan?
Do you know?
13
A.
I
think
it has to be within our operating
14
record
within
280
days
after
the
issuance
of
the
15
permit.
16
Q.
Does
the
permit
require
you
to
notify
--
17
strike that.
Does
the permit
require you
to submit
28
that
plan
to
the
Agency?
19
A.
No,
it
does
not.
20
Q.
Does
it require
any kind
of notification
at
21
all to the Agency?
22
A.
Not that
I’m aware
of.
23
Q.
You
said
the
landfill
has
reoccurring
24
problems with leachate.
Do you recall
that?
CAPITOL
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217-525-6167
887
1
A.
Yes.
2
Q.
Are there
long-term
fixes available
to
3
address
leachate?
4
A.
Yeah.
We’ve
submitted
in
the
Significant
5
Modification
a
plan
to
extract
leachate
from
the
6
landfill.
7
Q.
And
when
can
you
implement
that
plan?
8
A.
When
a
permitted
is
granted.
9
Q.
I believe
during direct examination you
10
indicated
that
a
cost
revision
was
submitted
in
11
November.
12
A.
Yes.
13
Q.
Did that cost revision contain
figures
14
related
to
closure
of
the
gas
management
system?
15
A.
Yes,
it
did.
16
Q.
You
also
indicated
Watts
has
had
problems
17
maintaining
vegetative
cover
on
the
west
side
of
the
18
landfill?
19
A.
Yes,
I
have.
20
Q.
Is the west
side
of the landfill
bare?
21
A.
Not
completely
22
Q.
There
is
some vegetation
there?
23
A.
Yes.
24
Q.
Looking
at
People’s
Exhibit
68,
does
in
fact
CAPITOL
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888
1
that
reflect
in your opinion the current
elevations
of
2
the landfill?
3
A.
It does not reflect
my opinion
of the current
4
elevations
of the landfill.
5
Q.
Okay.
Why not?
6
A.
This map
is
--
you know,
I don’t
know,
three,
7
four years
old.
It was flown
during
a time when we
8
were doing
a lot
of excavation
in the northeast
corner
9
of
the site and all the material
that we were
10
excavating
out was being
stockpiled
on top of the
11
landfill.
We had piles
of dirt up there
20,
30
feet
12
high.
13
Q.
And that
soil has been removed?
14
A.
Some
of
it has been removed.
We had
15
different
stockpiles
up there
with different
material.
16
We had
a very good blue clay that we stockpiled
in one
17
area.
We had a different
brown
clay that
we
18
stockpiled
in another
area.
And then we had just
19
other
soil
that we would have no use for like
in
20
constructing
liners or cover material,
and we
21
stockpiled
that
in another
area.
And in the last
22
three or four years we have slowly removed some
of
23
that material
for daily cover operations,
intermediate
24
cover.
We’ve removed
some
of the blue clay for liner
CAPITOL REPORTING SERVICE,
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227-525-6167
889
1
material,
to construct
our liners
with.
2
So
it’s
an ongoing process
of
--
and it’s
a
common
3
practice
at most landfills
to stockpile
soils on top
4
of
the landfills.
You know,
it’s
a place
that’s close
5
to the after burial
where you’re
going
to need
it.
We
6
don’t want
to haul
it necessarily
to
a
much further
7
distance
where
it would take longer
to get
it
to, we’d
B
use more
fuel,
we wouldn’t be able
to move
as much
9
soil because it’s
a greater
distance.
And it’s also
10
been used
in the past
to increase settlement.
At one
21
landfill
I
used,
we stockpiled
I don’t
know how many
12
millions
of cubic yards
on top of
a landfill
and we
13
went
in and removed
that stockpile
when there
was a
14
need
for
it, and the landfill had settled
ten to
15
fifteen
feet,
and we were
able to add another
lift
of
16
garbage across
the top of the landfill.
17
Q.
Do you know the purpose
of why this map,
18
People’s
68,
was originally prepared?
19
A.
The original preparation by the company
that
20
did the aerial
or by Noble Earth?
21
Q.
Both.
22
A.
First
of
all
--
and
I don’t remember which
23
company flew
it.
It was flown because
we needed to
24
have
an aerial or
I
--
we didn’t
necessarily have
to
CAPITOL REPORTING
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217-525-6167
890
1
have an aerial
for the Sig Mod,
but we had to have
a
2
topographical
map.
One
of the easiest and cheapest
3
ways
to obtain
that
is
--
on such
a large
area
like
4
this
is with an aerial
survey.
That’s what
this was
5
originally prepared for when we started work on the
6
Sig Mod,
which would have been,
you know,
three,
four
7
years
ago.
8
Noble Earth Corporation we supplied this map to
9
them
just
as
a way that
they could document the areas
10
that they probed the landfill
cover
to document
the
11
thickness
of
it and to help them track the locations
12
where
they pulled samples.
13
Q.
Are you familiar with aerial surveys?
14
A.
Yeah.
15
Q.
How accurate
are they?
16
A.
They’re
only
as accurate
as the
land survey
17
that’s
performed,
the ground survey
that supplies
--
18
the ground
-
-
they take
a picture
of the area with
a
29
plane,
just
with
a
regular
--
it’s
a
specialized
20
camera but it’s
--
and you get
a picture,
a photograph
21
of
it,
and
they
scan
that
photograph,
and
by
scanning
22
it,
the
computer
can
pick
up
the
changes
of
elevations
23
relative
to
each
other.
But
you
have
to
give
them
the
24
baseline
information.
And
so
you
establish
points
CAPITOL
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892
1
throughout
the
site.
And
in
this
case
we
actually
2
established
points,
you
know,
as
much
as
a
half
mile
3
or
a
mile
away
from
our
landfill.
We
did
a
complete
4
perimeter
around
the
site,
and
to
the
west,
to
the
5
east,
you
know,
to
the
north
and
the
south
we
6
established
these
points.
And
those
points
are
known,
7
you
know,
done
by
a
ground
survey.
And
those
points
8
then are entered into the computer and then the
9
computer
adjust
--
you
know,
enters
all
the
data
in
20
between
everything
else.
1.
Q.
I
believe
the
new
NPDES
permit
gave
you
--
or
12
contained
eight
discharge
points?
13
A.
tJh-huh.
24
Q.
Has
that
number
reduced
--
do
you
discharge
15
from
all
eight
points?
16
A.
No,
I
don’t
think
we
--
we do
not.
We’ve
17
implemented
a
program
where
we’re
trying
to
eliminate
18
as many discharge
points
as possible
so we only
have
19
runoff
leaving
the
site
at
the
minimum
amount
of
20
points,
and
I
think we’d like
to try to get down
to
21
four
points.
22
Q.
What have you done
to minimize
those
23
discharges?
24
A.
We’ve
grade
CAPITOL
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217-525-
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892
Q.
Discharge
points?
A.
We’ve
graded
areas.
We’ve
constructed
berms
to
divert
the
water
away
from
those
areas,
so
the
storm
water
runoff
will
go
to
another
--
we’re
probably
like
--
I
guess
you
could
say
we’re
trying
to
combine
discharge
points.
MR.
NORTHRUP:
I
don’t
have
any
further
questions.
HEARING
OFFICER
FRANK:
Anything
else?
MS.
SYMONS-JACKSON:
Just
a
couple
real
brief
to
follow
up.
RECROSS-EXAMINATION
BY
MS.
SYMONS-JACKSON:
Q.
I’m curious
as
to why you would hire someone
to
conduct
a
survey
knowing
that
the
contours
were
not
going
to
A.
I
said
at
the
Q.
survey
ii
A.
Q.
aerial
be accurate
I
didn’t
say
these
contours
weren’t
accurate.
they’re
not
accurate
representation
of
what’s
site
right
now
Why
would
you
--
how
much
does
an
aerial
ke
this
cost
About
4,
Why
would
survey
when
CAPITOL
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3.
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
2
5,000
dollars.
you
spend
4
or
5,000
dollars
on
an
you
know
or
when
you
allege
that
893
2
there
is
cover
material
on
top
of
the
landfill
that
2
may
bring
it
overheight
and
you
may
have
contours
that
3
show
up
on
your
survey
that
show
the
landfill
to
be
4
overheight?
5
A.
Well,
we’re not trying
to hide anything
here.
6
I
mean,
you
know,
we
know
what
our
permit
is.
We
know
7
how
high
we
have
to
fill
garbage
and
we’ll
comply
with
B
that.
9
Q.
Tom,
isn’t
it
true
that
maximum
elevation
20
limits
are
not
just
for
garbage
but
for
everything,
11
cover
material
and
everything
on
top
of
the
landfill?
12
A.
Those
are
the
final
cover
contours.
When
we
13
close
the
site,
that
is
what
the
elevation
is
supposed
14
to
be.
I
don’t
know
of
any
regulation
that
prevents
15
us
from
utilizing
those
areas
for
stockpile
material.
16
Q.
Mr.
Northrup
asked
you
about
the
accuracy
of
17
aerial
surveys
and
you
indicated
that
sometimes
these
18
surveys
may
not
be
totally
accurate.
Is
that
right?
19
A.
It
depends
on
--
they’re
only
as accurate
as
20
the
ground
survey
performed
as
the
baseline.
21
Q.
Now,
when you spend,
what did you
say,
4 or
22
5,000
dollars
on an aerial
survey,
wouldn’t you want
23
your survey company
to do all they could to make
sure
24
the results were going
to be accurate?
CAPITOL
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217-525-6167
894
1
A.
I
assume
that
it’s
accurate,
yeah.
I
have
no
2
reason
to
doubt
that
these
were
the
conditions
at
the
3
site
when
the
aerial
was
taken.
4
MS.
SYMONS-JACKSON:
Okay.
That’s
all.
5
HEARING
OFFICER
FRANK:
Mr.
Northrup?
6
MR.
NORTHRUP:
No
further
questions.
7
HEARING
OFFICER
FRANK:
Okay,
thank
you,
Mr.
8
Jones.
9
(Witness
excused)
20
HEARING
OFFICER
FRANK:
Mr.
Northrup,
did
you
11
have
another
witness?
12
MR.
NORTHRUP:
Yes.
John
Reiser.
13
JOHN REISER
14
called
as
a
witness
herein,
having
been
first
duly
15
sworn,
was examined
and testified
as follows:
16
DIRECT
EXAMINATION
BY
17
MR.
NORTHRUP:
18
Q.
Can you go ahead and state
your name
for the
19
record?
20
A.
John
Reiser
21
Q.
Where
do
you
work?
22
A.
ESG Watts.
23
Q.
Where
at?
24
A.
At
the
Sangamon
Valley
Landfill
here
in
CAPITOL
REPORTING
SERVICE,
INC.
SPRINGFIELD,
ILLINOIS
217-525-
6167
B95
1
Springfield.
2
Q.
What
do you do there?
3
A.
I’m
the
--
my title
is technical
4
representative,
and
I’m
the
certified
operator
for
5
that
landfill
and
work
with
the
day-to-day
operations
6
of
that
facility.
7
Q.
As
a
practical
matter
what
are
some
of
the
8
things
that
you
do?
9
A.
Both deal with the County and State
10
inspectors,
work
with
our
engineering
staff
on
11
submittals
for
Sangamon
Valley
Landfill,
work
on
some
12
of
the,
you
know,
record
and
information
data
13
gathering
that’s
required
for
the
landfill
from
the
14
permits,
you
know,
the
regulatory
compliance
things
15
that
are
required
by
the
permits.
16
Q.
How
long
have
you
been
at
ESG
Watts?
17
A.
I’ve
worked
at
Watts
for,
let’s
see,
18
approximately
six
years.
19
Q.
And
has
that
all
been
at
the
Sangamon
Valley
20
Landfill?
21
A.
Most
of
it
has been
in Springfield
after some
22
training
time
in Taylor Ridge.
My duties
have changed
23
during that
time.
24
Q.
How have your duties
changed over the years?
CAPITOL
REPORTING
SERVICE,
INC.
SPRINGFIELD,
ILLINOIS
217-
525-6167
896
1
A.
I
began
working
at
Watts
as
a
salesperson
for
2
special
waste
and then my duties
have expanded
to
3
include
some
of the more day-to-day operations
of the
4
landfill.
5
Q.
Just
give me
a real brief background
on your
6
educational,
where
you
went
to
high
school,
where
you
7
went
to
college,
what
your
degree’s
in?
B
A.
Graduated
from
Porta
High
School
in
9
Petersburg
in
1985,
have
a
Bachelors
of
Science
Degree
10
from
the
University
of
Notre
Dame
in
1989.
That
11
degree
was
professional
studies
with
a
minor
in
12
business,
mostly like biology,
sciences.
13
Q.
So the major was primarily biology?
14
A.
Yeah.
15
Q.
In
your
position
at
Watts
are
you
familiar
16
with
the
various
permits
that
have
been
issued
for
17
that facility?
18
A.
For
the
Sangamon
Valley
facility?
19
Q.
For
the
Sangamon
Valley
facility.
20
A.
Yes,
I
am.
21
Q.
Are you familiar with some litigation,
it’s
22
captioned
as 91-CH-242,
that occurred
in Sangamon
23
County before Judge
Zappa?
24
A.
Yes,
I
am.
CAPITOL
REPORTING
SERVICE,
INC.
SPRINGFIELD,
ILLINOIS
217-525
-6167
897
1
Q.
How
are
you
familiar
with
that?
2
A.
I
was
a
witness
at
the
hearing
and
I’ve
also
3
dealt with coming
into compliance
with
the court
order
4
issued
for
that
case.
S
Q.
Does
the Sangamon Valley Landfill
have any
6
permits
related
to
groundwater
remediation?
7
A.
Yes,
we
do.
8
Q.
How many?
9
A.
Well,
there’s
one
main
one
called
1992-57.
10
Q.
When
was
that
issued?
11
A.
In
1992,
August
I
believe.
12
Q.
And what
does
that permit require?
13
A.
Several things.
There’s
a requirement
for
14
groundwater
removal.
Basically
we
had
to
construct
15
four
wells
on
the
southeast
corner
of
the
landfill
to
16
serve
as
a
hydraulic
barrier
to
keep
contaminated
17
groundwater
from
leaving
our
property,
required
18
installing
three
leachate
wells
on
the
south
face
of
19
the
landfill,
some
like
soil
investigation
around
our
20
shop
area to make sure that
that wasn’t contaminating
21
the groundwater.
It’s also required
some additional
22
monitoring
of groundwater wells
on an annual basis
for
23
volatile organic
compounds.
24
Q.
What groundwater
wells
are you required
to
CAPITOL
REPORTING
SERVICE,
INC.
SPRINGFIELD,
ILLINOIS
217-525-6167
898
1
sample
--
2
A.
The
--
3
Q.
--
through
the
permit?
4
A.
Through
that permit,
I couldn’t
quote you the
5
numbers,
but basically they’re the ones,
you know,
6
surrounding
on
the
southeast,
in
the
southeastern
7
corner
of
the
removal
project.
Some
of
them
are
--
we
8
put
in
a
new
well,
you
know,
beyond
the
hydraulic
9
barrier
to
use
to
sample
as
like
a
background
well,
10
and
then
the
others,
you
know,
basically
surround
the
11
well,
you
know,
the
well
system.
12
Q.
Are there private
residences
in proximity to
13
the
landfill?
14
A.
Yes,
there
are.
15
Q.
Do
you
know
do
those
residences
have
16
groundwater
wells?
17
A.
Yeah,
everyone
in
the
well
is
on
private
18
wells.
19
Q.
Does
that
permit
require
you
to
do
anything
20
with those wells?
21
A.
Yes.
We’re
also sampling four private
wells,
22
basically
the four nearest
to where
we installed the
23
groundwater
removal
system.
24
Q.
And from time to time has Watts
sampled those
CAPITOL
REPORTING
SERVICE,
INC.
SPRINGFIELD,
ILLINOIS
217-525-
6167
899
1
wells?
2
A.
Yes,
we
have.
3
Q.
Have any of those
samples showed
4
contamination
attributable
to
the
landfill?
5
A.
No,
they have not.
6
Q.
Are
you
currently
pumping
and
treating
7
groundwater
at
the
landfill?
8
A.
Yes,
we
are.
9
Q.
And you’re
doing that pursuant
to permit?
10
A.
Correct.
11
Q.
What
--
how are you treating that
12
groundwater?
13
A.
The groundwater
is pumped and then
it’s
14
hauled
to
the
Sanitary
District,
the
Springfield
Metro
15
Sanitary
District
for
disposal.
16
Q.
How
many
wells
do
you
pump
water
from?
17
A.
There
are
four.
18
Q.
And
those
are
located?
19
A.
Basically
on
the
southeastern
edge
of
our
20
facility.
21
Q.
Are you currently removing any leachate?
22
A.
Yes,
we
are.
23
Q.
And
how
many
wells
are
you
removing
the
24
leachate
from?
CAPITOL
REPORTING
SERVICE,
INC.
SPRINGFIELD,
ILLINOIS
217-525-6167
900
1
A.
Three.
2
Q.
Where are those wells
located?
3
A.
Those
wells
are
located
on
the
south
face
of
4
the landfill,
more towards the western
side.
S
Q.
Let
me
show
you
what
has
been
marked
People’s
6
Exhibit
64.
Do you want
to go ahead and identify that
7
for
me?
8
A.
Let’s
see,
it’s
a
supplemental
contempt
order
9
from
the
Sangamon
County
court.
10
Q.
Okay.
Are you familiar with that order?
11
A.
Yes,
I
am.
12
Q.
How
is
that?
13
A.
Just through working
at the facility.
One
of
14
my
duties
was
to
help
meet
the
parts
of
the
order.
15
Q.
Is
it
fair
to
say
that
that
order
required
16
the
removal
of
waste
or
in
the
alternative
filing
a
17
siting
application
with
the
County?
18
A.
Yes,
it
is.
19
Q.
Has
any
waste
been
removed?
20
A.
Well,
actually,
yes,
it
has
been.
21
Q.
Has
any
waste
been
removed
pursuant
to
that
22
order?
23
A.
No,
not done pursuant
to this
order.
24
Q.
Has
a
siting
application
been
filed?
CAPITOL
REPORTING
SERVICE,
INC.
SPRINGFIELD,
ILLINOIS
217-525-6167
901
1
A.
Yes,
there
has
been.
2
Q.
When was that?
3
A.
That was filed December
2nd.
4
Q.
Why
wasn’t
it
filed
December
1st?
5
A.
December
1st
was
a
Sunday
and
the
County
6
Clerk’s office was closed.
7
Q.
Okay.
Let’s
turn
to
page
2.
And
beginning
8
right
there
can
you
read
that,
just
that
sentence?
9
A.
“As
to
closure,
the
defendants
have
made
no
10
attempts
to
conform
the
slopes
to
final
contours
and
11
to provide final
cover.”
12
Q.
With respect
to conforming
the slopes
to
13
final
contours,
have
you
done
anything
to
conform
the
14
slopes
to
final
contours?
15
A.
Well,
because
the
--
there
was
overfill,
we
16
haven’t
been
able
to
conform
the
--
until
we
get
the
17
siting
application
back,
then
we’ll
have
to
put
in
a
18
permit
to
change
the
final
contours.
19
HEARING
OFFICER
FRANK:
Can
you
speak
up,
20
please?
21
A.
Sorry.
22
HEARING OFFICER
FRANK:
That’s
okay.
23
Q.
Does
--
with
respect
to
providing
final
24
cover,
does
the Sangamon Valley Landfill
have final
CAPITOL
REPORTING
SERVICE,
INC.
SPRINGFIELD,
ILLINOIS
217-525-6167
902
1
cover?
2
A.
No,
we do not have
final
cover
in place.
3
Q.
Why
not?
4
A.
Basically
until
we
resolve
the
overfill
5
issue,
we
won’t
be
--
we can’t
put on
final
cover
6
because
if
we
lose
the
siting
application
and
are
7
required
to
remove
the
overfill,
you
know,
we
would
8
have
wasted
all
that
work
and
we
can’t
afford
to
do
it
9
twice
basically.
10
Q.
Is
there
intermediate
cover
on
the
landfill?
11
A.
Yes,
there
is.
12
Q.
Let
me show you People’s Exhibit
63.
Can you
13
just
go
ahead
and
identify
that
for
me?
14
A.
This
is
a
contempt
order
from
the
Sangamon
15
County courts.
16
Q.
Let
me
turn
--
direct
your
attention
to
page
17
4
and
at
the
top
of
that
page
it
was
your
--
you
were
18
required
to
work
on
approximately
400
feet
on
the
19
south
portion
of
area
1,
et
cetera,
et
cetera.
Has
20
Watts
done anything to comply with
that requirement?
21
A.
Yes.
We’ve installed
a bentonite
slurry wall
22
in that section
of the liner.
23
Q.
Okay.
And has that been acceptable
to the
24
Agency?
CAPITOL
REPORTING
SERVICE,
INC.
SPRINGFIELD,
ILLINOIS
2 17-525-
6167
903
1
A.
Yes.
They
issued
a
permit
to
allow
us
to
2
construct
that liner
as
a replacement
to the original
3
permit.
4
HEARING
OFFICER
FRANK:
You
need
to
speak
up.
5
A.
I’m
sorry.
6
HEARING
OFFICER
FRANK:
That’s
okay.
7
Q.
With
respect
to
subpart
B,
which
talks
about
8
proper
certification
of
remainder
of
the
sidewall
9
liner,
now
what
have
you
done
to
comply
--
what
has
10
Watts
done
to
comply
with
that?
11
A.
We’ve
had
a
soil
-
-
sidewall
liner
12
investigation
which the final
report
was turned
in
in
13
early
November
of
this
year.
That
permit
will
be
the
14
third
one
issued
by
the
EPA
dealing
with
the
sidewall
15
liner
investigation.
16
Q.
Okay.
So
that
certification
hasn’t
been
17
approved yet?
18
A.
No,
no,
that
permit
is
still
on
file
so
--
19
Q.
Okay.
But
the
documentation
has
been
20
submitted?
21
A.
Correct.
22
Q.
And the Agency
is reviewing
that?
23
A.
Right.
24
Q.
Turn
to
page
5.
Let
me
direct
your
attention
CAPITOL
REPORTING
SERVICE,
INC.
SPRINGFIELD,
ILLINOIS
217-525
-6167
904
1
to
paragraph
6,
which
discusses
the
installation
of
2
best available
technology
for noise
control.
What has
3
Watts
done
to
comply
with
that
requirement?
4
A.
Watts
contacted
a
muffler
manufacturer
called
5
Nelson
Muffler
and
they
reviewed
our
list
of
our
6
equipment
and
recommended
their
best
available
7
mufflers
for
us,
and
we
installed
that
equipment
--
8
those
particular
mufflers
on
our
equipment.
9
Q.
Let’s
look
at paragraph
7,
which talks
about
10
implementation
of
the
groundwater
remediation
program.
11
Is
it
your
understanding
that
Watts
has
complied
with
12
those requirements?
13
A.
Yes,
it
is.
14
Q.
Now,
why
don’t
you
take
a
look
at
paragraph
15
8,
this
is
on
page
6,
which
talks
about
surface
water
16
control
measures
as
required
by
permits.
Now,
what
17
has
Watts
done
to
comply
with
that
requirement?
18
A.
We’ve
finished construction
of the storm
19
water
outfalls
that
were
required
by
that
permit.
20
Basically
they required some concrete pipe being
--
to
21
90
from
a
mid
slope
terrace
down
to
the
level,
that
22
was to cut down
on erosion and keep erosion from
23
destroying
the side
slopes.
24
MR.
NORTHRUP:
Those
are all the questions
I
CAPITOL
REPORTING
SERVICE,
INC.
SPRINGFIELD,
ILLINOIS
217-525-
6167
905
1
have.
2
MR.
DAVIS:
If
I may.
3
CROSS-EXAMINATION
BY
4
MR.
DAVIS:
5
Q.
Mr.
Reiser,
pursuant
to
the
original
judgment
6
order
entered
in
February
of
1994
the
Sangamon
Valley
7
Landfill
was
supposed
to
initiate
closure
by
May
31st
8
of
‘94,
isn’t
that
correct?
9
A.
Yeah.
10
Q.
And
shortly
thereafter,
during
June
of
1994
11
the
landfill
ceased
accepting
commercial
hauling
tips?
12
A.
Correct.
13
Q.
Okay.
And subsequent
to that,
John,
in
14
February,
I
believe
of
1994,
pursuant
to
the
first
15
contempt
order,
your
landfill
ceased
accepting
all
16
wastes?
17
A.
‘90?
18
Q.
‘95?
19
A.
‘95,
right,
okay.
20
Q.
Being
shut down has not prevented you from
21
implementing
these corrective
action and corrective
--
22
and compliance
measures,
has
it?
23
A.
Yeah,
that’s
what we’ve been working
on since
24
we’ve been shut
down.
CAPITOL
REPORTING
SERVICE,
INC.
SPRINGFIELD,
ILLINOIS
217-525-6167
906
1
Q.
Sure.
Recently
with
the
filing
of
the
local
2
siting petition the Watts
companies
paid
a filing
fee
3
of
200,000 dollars
to Sangamon County,
did they not?
4
A.
That’s
correct.
5
Q.
And
recently
the
Watts
companies
paid
--
made
6
a
payment
toward
penalty
of
129,500
and
something,
did
7
they
not?
8
A.
That’s
correct
9
Q.
Would you agree,
John,
that there
seems
to be
10
approximately
150,000
dollars
remaining
to
be
paid
on
1.
the
original
penalty?
12
A.
Correct.
13
Q.
Would
you
also
agree
that
there
would
be
14
200,000
dollars
on
the
contempt
sanction
to
be
paid?
15
A.
If
--
yeah,
I
think
it’s
--
I’m
not
exactly
16
sure
on
the
contempt
whether
the
judge
has
affirmed
17
that
or
not,
but
the
200,000
I
--
probably
that’s
in
18
one of those
reports,
but
I’ll believe you
if you say
19
so.
20
MR.
DAVIS:
Okay.
Thank
you.
21
That’s
really
it.
Thank you.
22
HEARING OFFICER
FRANK:
Mr.
Northrup,
have
23
you got anything additional?
24
MR.
NORTHRUP:
Yeah,
let’s
see.
CAPITOL
REPORTING
SERVICE,
INC.
SPRINGFIELD,
ILLINOIS
217-525-6167
907
1
No.
I
don’t
have
anything.
2
HEARING OFFICER FRANK:
Okay.
Thank you,
Mr.
3
Reiser
4
(Witness
excused)
5
HEARING
OFFICER
FRANK;
Do
you
have
any
other
6
witnesses?
7
MR.
NORTHRUP:
I
do
not.
8
HEARING
OFFICER
FRANK:
Then
I
would
like
to
9
take
a
ten
minute
break
until
a
quarter
till
4
before
10
we
start
with
your
rebuttal.
11
(A
recess
was
taken.)
12
HEARING OFFICER
FRANK;
Let’s
go back
on the
13
record.
14
You
have
rested?
15
MR.
NORTHRUP;
Yes.
16
HEARING
OFFICER
FRANK:
Okay.
Then,
Ms.
17
Symons-Jackson,
did
you
have
additional
witnesses
you
18
wished
to
call?
19
MS.
SYMONS-JACKSON:
Yes,
we
do.
20
Before
we call our first witness,
we would
just
21
tender
People’s Exhibit
69 into evidence.
It’s
a copy
22
of the amended complaint
in the Sangamon County
case
23
9l-CH-242
that
Mr. Reiser was talking
about.
I
24
believe we’ve already stipulated
to all court
filings,
CAPITOL
REPORTING
SERVICE,
INC.
SPRINGFIELD,
ILLINOIS
217-525-
6167
908
1
and
so
would
I
just
offer
this
into
evidence.
2
MR. NORTHRUP:
Yeah.
I
don’t
have
any
3
objection.
4
HEARING OFFICER
FRANK:
Is there
a date
on
5
there?
6
MR.
DAVIS:
This
was
a
document
that
was
hand
7
delivered
to
the
court
on
November
--
8
MS.
SYMONS-JACKSON:
18,
1992.
9
MR.
DAVIS:
--
18,
‘92,
10
HEARING
OFFICER
FRANK:
Okay.
I
just
wanted
11
it
for
the
exhibit
list.
That’s
fine.
That
is
12
admitted.
13
(People’s
Exhibit
Number
69
admitted.)
14
MS.
SYMONS-JACKSON:
And
our
first
rebuttal
15
witness
is
Mr.
Kenneth
Liss.
16
HEARING
OFFICER
FRANK:
I
believe
you
17
testified
at
our
last
hearing,
so
you
are
still
under
18
oath.
19
MS.
LISS:
Okay.
20
KENNETH LISS
21
called
as
a
witness
herein,
having
been
previously
22
duly sworn,
was examined and testified
as follows:
23
DIRECT EXAMINATION
BY
24
MS. SYMONS-JACKSON:
CAPITOL
REPORTING
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INC.
SPRINGFIELD,
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217-525
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909
1
Q,
Now,
Ken,
as
indicated,
you
previously
gave
2
testimony
during
the
October
29
and
30th
hearing
in
3
this
matter,
correct?
4
A.
That’s
correct.
S
Q.
And
at that time you had not had an
6
opportunity
to
review
the
Sig
Mod
resubmittal,
as
7
we’ve
been
calling
it,
from
Watts?
8
A.
That’s
correct.
9
Q.
At
this
point
in
time
have
you
or
the
10
groundwater
unit
of
the
Agency
been
able
to
perform
a
11
review
of
that
submittal?
12
A.
Yes,
we
have.
13
MR.
NORTHRUP:
Okay.
I’m
going
to
object
at
14
this
point.
I’m
going
to
object
to
any
testimony
from
15
Mr.
Liss
on
the
--
his
review
of
the
Sig
Mod
16
resubmittal.
I
believe
when
we
left
off
at
the
17
hearing
on
the
30th,
the
issue
of
rebuttal
witnesses
18
came
up.
I
was
specifically
allowed
the
opportunity
19
to
depose
anyone
that
the
Agency
--
that
the
AG
would
20
call
as
a
rebuttal
witness
specifically
with
regard
to
21
the Sig Mod resubmittal.
I have
not been given
that
22
opportunity.
I
have
not
been
notified
that
Mr.
Liss
23
was going
to testify
today.
Therefore,
I’m objecting
24
to any of his testimony.
CAPITOL
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1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
HEARING
OFFICER
FRANK:
Ms.
Symons-Jackson?
MS.
SYMONS-JACKSON:
In response,
first
of
all
--
a
couple
of
things.
been
given
the
did.
Second
t
the
personnel
that
document
r.
Liss’
testi
on
that
report
Mr.
Northrup.
did
not
conta
has
already
Liss and he
prepared by
the
EPA
and
Northrup.
M
going
to
be
provided
to
Mr.
Northrup
requesting
a
I-lEAR
Mr.
Liss
First
of
all,
Mr.
Northrup
opportunity
to
depose
Mr.
hing,
there
was
a
report
of
the
groundwater
unit
of
was provided
to Mr.
mony
today
is
basically
and
that
report
was
Upon
receiving
that
report,
ct
me
or
my
office
deposition
of
Mr.
Liss.
ING
OFFICER
FRANK:
Did
you
tell
him
that
would
be
testifying
today?
MS.
SYMONS-JACKSON:
Not
specifically,
no.
MR.
NORTHRUP:
Let
me
follow
up.
I
received
this
--
MS.
SYMONS-JACKSON;
Well,
if
I
could
back
up.
At
the
previous
hearing
I
think
we
indicated
in
conclusion
of
our
hearing
that
we
would
be
submitting
this
Sig
Mod
submittal
to
the
Agency,
including
someone
from
the
groundwater
unit,
Ken
Liss,
and
possibly
someone
from
permits
to
review,
and
that
was
the
purpose
of
our
needing
additional
time
to
put
on
CAPITOL
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217-525-
6167
911
1
rebuttal
evidence
because
the
submittal
was
sent
to
2
the Agency on October
18.
It was not received by them
3
until
less than
a
week
before
the
hearing,
and
they
4
didn’t
have
time
to
review
it.
Mr.
Northrup
was
aware
5
of
our
intentions
regarding
rebuttal
evidence.
6
MR.
NORTHRUP:
In
response,
I
received
this
7
memo
from
the
AG’s
office
on
December
10th,
which
is
8
two
days
before
this
hearing.
I
don’t
think
that
9
gives
me
any
time
--
any reasonable
time
to review
it,
10
certainly
to
depose
Mr.
Liss.
And
once
again,
I
mean
11
I’ll
just
state
right
out
of
the
transcript
on
page
12
623,
and this
is the Hearing Officer
speaking,
“Mr.
13
Northrup,
I did agree
to let you depose whatever
14
witness
the
Attorney
General’s
office
decides
that
15
they
are
going
to
use
to
testify.
16
HEARING
OFFICER
FRANK;
Okay.
17
MR.
DAVIS:
What
did
we
talk
about
during
the
18
telephone
conference
--
19
HEARING
OFFICER
FRANK:
You’re
asking
me
to
20
recall
a
telephone
conference
that
I
don’t
21
specifically
recall.
Why don’t
you tell
me what
we
22
talked about?
23
MR.
DAVIS:
--
that
you
ordered
the
parties
24
to
have
so
that
we’d
be
ready
to
proceed?
CAPITOL
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217-525
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912
Yes,
I
am
asking
you
that.
remember,
either
another
Because
I
don’t
HEARING
OFFICER
FRANK:
My
-
-
I
can
tell
that
it
was
very
clear
when
we
left
you
objected.
objected
several
times
to
the
fact
that
I
as
the
Hearing
Officer
ruled
that
Mr.
Northrup
would
have
opportunity
to
depose
whoever
you
decided
to
call.
was
left
open
at
the
close
of
the
last
hearing
as
to
who
you
were
going
to
call
MR.
DAVIS:
Sure
HEARING
OFFICER
FRANK:
sure
who
you
were
going
to
call.
MR.
DAVIS:
But we talked about
this
on the
didn’t
we,
Charlie?
MR.
NORTHRUP:
weren’t
phone,
date.
hearing
Because
you
guys
We
talked
about
setting
this
We
talked
about
a
HEARING
OFFICER
FRANK:
I
don’t
recall
one
way
or
date
you
You
the
It
MR.
NORTHRUP:
what
we
talked
about
HEARING
OFFICER
FRANK:
I’m
not
sure
the
three
of
us
were
ever
on
the
phone
together
because
you
guys
were
supposed
to
call
me,
and
I
ended
up
calling
both
Amy
and
Charlie
about
hearing
dates,
and
CAPITOL
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2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
913
1
at
that
time
I
specifically
asked
Amy
is
X
person
2
going
to testify,
and she
said,
“I
don’t know yet.”
3
If you’re talking about
that conversation
between
me
4
and
Amy,
I
remember
that
clearly.
5
MR.
DAVIS:
That’s what
I’m asking you.
6
HEARING
OFFICER
FRANK:
So
at
that
point
she
7
still was not
sure who was going
to be testifying.
8
That
was
part
of
what
she
was
going
to
check
on
for
9
checking
hearing
dates.
10
I
am
not
going
to
allow
this
witness
to
testify.
11
As
Charlie
read
straight
from
the
transcript,
it
was
12
very clear
that you were
to allow him enough
time
to
13
depose
a
witness.
And
I know that you objected
to
it,
14
but
that
was
still
my
ruling,
and
you
guys
did
not
try
15
to
have
the
Board
overrule
that.
16
MR.
DAVIS:
Then we’ll
make
an offer
of
17
proof.
18
HEARING
OFFICER
FRANK:
Okay.
That’s
fine.
19
You may do that.
20
Q.
(by Ms.
Symons-Jackson)
Ken,
I believe
my
21
last
question
to
you
was
at
this
point
in
time
you
22
have had an opportunity
to review the Sig Mod
23
resubmittal?
24
A.
Yes,
that’s correct.
CAPITOL
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217-525-
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914
1
Q.
And
during
your
previous
testimony
in
this
2
matter you indicated
that
it was your opinion,
based
3
on
your
review
of
all
available
information,
that
the
4
groundwater
at the Taylor Ridge
site was classified
as
5
a
Class
I
groundwater,
is
that
accurate?
6
A.
Yes.
7
Q.
Now,
does
the Sig Mod submittal
from Watts
8
address
the
classification
of
groundwater
at
the
site?
9
A.
Incompletely.
So
it addresses
it, but
it
10
does
not
address
all
of
the
units
at
the
site.
11
Q.
Okay.
12
A.
In the classification.
13
Q.
Can you explain
for me what you mean by that?
14
A.
In
the
different
stratum
there
are
some
wells
15
and
I guess
hydraulic
information
to attempt
to
16
indicate
that
it’s
Class
II,
but
the
information
is
17
incomplete
to verify the validity
of the data,
and
18
some
of
the
units
are
not
characterized
with
respect
19
to classification
in
that report.
20
Q.
Okay.
So,
Ken,
based
on
your
review
of
this
21
Sig
Mod
submittal,
what
is
your
opinion
today
as
to
22
the classification
of
groundwater
at
the
site?
23
A.
I would
still
say we would consider
it Class
24
I
at this
time.
CAPITOL
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SPRINGFIELD,
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217-525-
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915
1
Q.
Briefly,
one
other
area
to
touch
on.
I
2
believe you testified
prior
in this case
that
an
3
assessment
or
assessment
monitoring
is
required
at
4
this
site.
5
A.
Yes,
6
Q.
Of
the
groundwater.
And
is
that
still
your
7
opinion
today?
8
A.
Yes,
it
is.
9
Q.
How
is
the
requirement
of
assessment
10
monitoring
triggered?
11
A.
Based
on
a
comparison
of
groundwater
data
at
12
the
site
where
we
find
exceedences
over
the
background
13
or
exceedences
over
State
standards
--
groundwater
14
standards.
15
Q.
So
is
it
fair
to
say
when
an
exceedence
or
an
16
event,
can
we
call
it,
occurs,
that
this
in
turn
17
requires
the performance
of assessment
monitoring?
18
A.
That’s
correct.
19
Q.
Now,
does
the
Sig
Mod
submittal
address
20
groundwater
assessment?
21
A.
No,
it does not.
22
Q.
Is there
an assessment
--
there’s
not
an
23
assessment
monitoring plan proposed
in that Sig Mod
24
submittal?
CAPITOL
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SPRINGFIELD,
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217-
525-6167
916
1
A.
There
is
information
provided
for
an
2
assessment,
but
it does not meet
the rules that are
3
applicable
to
that
type
of
a
facility.
4
Q.
And
so
is
it
your
opinion
that
that
5
assessment
monitoring plan
that
is prepared
is
6
incomplete?
7
A.
Yes.
S
Q.
And
can
you
briefly
tell
us
how
it
is
9
incomplete?
10
A.
It
does
not
contain
the
frequency
of
11
monitoring.
It
does
not
contain
the
parameters
which
12
were
concerned.
I think there are about
seven
or nine
13
organic parameters
that were detected
that were not
14
included
in
the
assessment,
which
is
the
basis
for
the
15
assessment,
or
additional
monitoring
wells,
or
the
16
federal
assessment
monitoring
parameter
list.
17
Q.
Now,
are there elements under Section 811.319
18
of
the
Pollution
Control
Board
regulations
that
19
pertain
to groundwater
assessment?
20
A.
Yes.
21
0.
And
does
the
Sig
Mod
submittal
address
--
22
adequately
address
those five elements?
23
A.
No.
24
Q.
Are
you
aware,
Ken,
what
the
status
of
this
CAPITOL
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917
1
--
can
we
call
it
a
Sig
Mod
Application
now?
Has
a
2
Sig Mod Application
been made?
3
A.
That’s
correct
4
Q.
And that was made
first
couple weeks
of
5
November?
6
A.
I
think
it
was
the
end
of
October.
7
Q.
You’re
not
quite
sure
on
the
date?
8
A.
I’m
not
quite
sure.
I
think
it
was
October.
9
Q.
Do
you
know
what
the
current
status
of
that
10
Sig
Mod
Application
is?
11
A.
We
denied
it
based
on
incompleteness.
Do
you
12
want
me
to
explain
what
that
means?
13
MS.
SYMONS-JACKSON:
That’s
fine.
That’s
all
14
I
have.
15
HEARING
OFFICER
FRANK:
Okay.
Mr.
Northrup.
16
CROSS-EXAMINATION
BY
17
MR.
NORTHRUP:
18
Q.
When
did
you
deny
the
Sig
Mod
based
on
19
incompleteness?
20
A.
Official
--
the
official
denial
I
think
was
21
yesterday,
the 12th.
22
Q.
Has
Watts
--
how
has
Watts
been
notified
of
23
that denial?
24
A.
The notification
would have been mailed
and
CAPITOL
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217-
525-6167
918
1
signed
yesterday.
2
Q.
Now,
this
is
an incompleteness
denial,
so
3
does
that
mean
that
Watts
has
an
opportunity
to
make
4
it complete?
5
A.
There
is
some
information
on
the
--
above
the
6
signature
of
the
permit
section
manager
that
explains
7
the
alternatives
to
filing
an
appeal,
resubmitting
the
8
application,
and
a
time
frame.
9
Q.
With
respect
to
resubmitting
the
application,
10
what
is
the
time
frame
associated
with
that?
11
A.
I
think
it’s
35
days.
12
Q.
If
in
fact
this
--
these
incompleteness
13
points
are
addressed,
something
is
resubmitted
within
14
35
days,
what
happens
then?
15
A.
We
will
look
at
that
for
completeness.
16
Q.
Basically
do
your
completeness
review
all
17
over
again?
18
A.
Correct.
19
Q.
If
it
is
deemed
complete,
what
happens?
20
A.
We’ll
do
a
full
technical
review.
21
Q.
If
it
is
incomplete,
what
happens?
22
A.
We will deny
it based
on incompleteness.
23
Q.
Which would give Watts
another
35 days
to
--
24
A.
I
think
so.
CAPITOL
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919
1
Q.
Would
you
consider
portions
of
the
2
groundwater
at
the facility to be Class
II
3
groundwater?
4
A.
As
I
testified
previously,
I
think
there’s
a
5
potential
that
one
of
the
units
could
be
classified
as
6
Class
II.
7
Q.
Are
you
familiar
with
the
original
Sig
Mod
8
that
was
submitted
for
the
Taylor
Ridge
facility?
9
A.
The
one
that
was
denied
in
February
of
‘95?
10
Q.
Right.
11
A.
Yeah,
I’m
familiar
with
it
12
Q.
Did the Agency perform
a technical review on
13
that?
14
A.
I think
the denial was based
on a technical
15
review.
16
Q.
So
in
other
words,
that
application
was
17
complete?
18
A.
That
would
indicate
it’s
complete.
Or
it
19
could
be
the
Agency
passed
its
technical
completeness
20
review
time period.
If
we don’t perform
a technical
21
completeness
within
so many days,
30
days,
and issue
a
22
letter
of incompleteness,
we have
to do
a full
23
technical
review.
I don’t
think we’re required
to
do
24
a completeness
review.
CAPITOL
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INC.
SPRINGFIELD,
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217-525-6167
920
1
Q.
Do
you
recall
if
a
letter
of
incompleteness
2
was issued
for that permit?
3
A.
No,
I
don’t
recall.
4
MR.
NORTHRUP:
I don’t
have any further
5
questions.
6
HEARING
OFFICER
FRANK:
Anything
else?
7
MR.
DAVIS:
Ms.
Hearing
Officer,
let
me
take
8
just
a
minute
here
to
state
something.
9
First
of
all,
we
opposed
the
request
for
10
deposition.
We
objected.
We
didn’t
disagree
with
11
your
ruling.
We
didn’t
seek
any
appeal
of
it.
We
did
12
attempt
to comply by giving notice.
Obviously or
13
apparently,
that was insufficient.
14
But
what
we’ve
done
here
on
an
offer
of
proof
has
15
been
in
good
faith.
What
Mr.
Northrup
has
done
is
to
16
avail
himself
of
cross-examination
and
to
go
beyond
17
the
scope
of
our
offer
of
proof.
Now
he
has
18
acquiesced
in
that.
He
has
waived
any
claim
of
19
prejudice.
And
that’s
what
I
wanted
to
say.
20
HEARING
OFFICER
FRANK:
Okay.
Well,
you
can
21
bring that issue before the Board because
it will
be
22
up
to the Board as
to whether
or not they’re
going
to
23
accept
the offer
of proof,
and I’m going
to leave
it
24
to them to decide.
CAPITOL
REPORTING
SERVICE,
INC.
SPRINGFIELD,
ILLINOIS
217-525
-6167
921
1
MR.
DAVIS:
Sure.
2
HEARING OFFICER
FRANK:
And
if you want
to
3
use
that
argument
before
them,
you
certainly
may.
4
MR.
DAVIS:
I
think
I’ll
have
to.
S
MR.
NORTHRUP:
Let
me
just
respond,
too.
I
6
mean
that’s
--
the
purpose
of
being
given
the
7
opportunity
to
depose
anybody
you
were
going
to
call
S
was to be able
to go into certain things
in depth what
9
their
testimony
was
going
to
be.
I
have
been
denied
10
that
opportunity.
It
was
stated
at
the
last
hearing
11
on
the
30th
if
witnesses
were
going
to
be
called,
I
12
was going
to have Steve Keith here from Milwaukee
to
13
assist
in
that.
Since
I
did
not
know,
I
was
not
14
availed
of
the
opportunity
to
have
my
people
here
to
15
effectively
cross-examine
Mr.
Liss.
I
have
not
waived
16
anything by asking him some follow-up questions
to
17
your
questions.
18
MR.
DAVIS:
May
I?
19
What
was
the
date
on
the
document
that
we
faxed
to
20
you?
21
MR.
NORTHRUP:
The memo from Andrew Catlin
to
22
Ken
Liss
was
dated
December
3rd
of
‘96.
23
MR.
DAVIS:
When
did
you
receive
it?
24
MR. NORTHRUP:
I received my fax at the top
CAPITOL
REPORTING
SERVICE,
INC.
SPRINGFIELD,
ILLINOIS
217-525-6167
922
1
says
December
10th
at
10:52
a.m.
2
MR.
DAVIS:
Does
it
show
when
we
received
it?
3
MR.
NORTHRUP:
Where
would
it
show
that?
4
MR.
DAVIS:
It
would
have
been
a
fax.
5
MR.
NORTHRUP:
I
would
assume
you
received
it
6
on
December
10th
at
10:50
--
it
came
in
sequentially,
7
10:53,
10:54,
that
type
of
thing.
8
MR.
DAVIS:
Okay.
So
it
looks,
Charlie,
as
9
if
we turned
it
right around
to you after we got
it.
10
MR.
NORTHRUP:
Oh,
that’s
what
it
looks
like,
11
yeah.
And
I
don’t
dispute
that
--
12
HEARING OFFICER
FRANK:
At this point you
13
guys
are
making
arguments
that
are
better
off
before
14
the
Board.
15
MR.
DAVIS:
I’m trying
to get some
facts
into
16
the
record
if
you
don’t
mind.
If
will
just
take
17
another
half
a
minute
18
HEARING
OFFICER
FRANK:
Okay.
19
MR.
DAVIS:
Did
you
think
that
we
might
be
20
calling
Mr.
Liss
or
did
you
think
that
we
might
not
be
21
calling
Mr.
Liss?
22
HEARING OFFICER
FRANK;
I don’t
think
it’s
23
appropriate
for you to
be questioning
Mr.
Northrup.
24
If you want
to make arguments
to the Board as
to
CAPITOL
REPORTING
SERVICE,
INC.
SPRINGFIELD,
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217-525-
6167
923
1
accepting
the
offer
of
proof,
you
may
do
so.
2
MR.
DAVIS:
It’s
a
minor
issue,
Ms.
Hearing
3
Officer.
4
HEARING
OFFICER
FRANK:
I
am
not
going
to
5
allow
you
to
question
the
other
attorney
at
this
6
point.
7
MR.
DAVIS:
But
I
already
have.
8
HEARING
OFFICER
FRANK:
Well,
let’s
move
on,
9
If
you
would
like
to
call
another
witness,
you
may
do
10
so.
11
MR.
DAVIS:
Joyce
Munie.
12
MR.
NORTHRUP:
I’m
going
to
make
the
same
13
objection
to
her.
14
MR.
DAVIS:
Different
issue.
15
HEARING
OFFICER
FRANK:
Well,
let
Joyce
come
16
on up.
17
Thank
you.
18
(Witness
excused)
19
JOYCE
MUNIE
20
called
as
a witness
herein,
having been
first duly
21
sworn,
was
examined
and
testified
as
follows:
22
DIRECT EXAMINATION BY
23
MR.
DAVIS:
24
Q.
Would you state your name and occupation,
CAPITOL
REPORTING
SERVICE,
INC.
SPRINGFIELD,
ILLINOIS
217-525-
6167
924
1
please?
2
A.
My name
is Joyce Munie.
I’m the Solid Waste
3
Unit Manager
in the Bureau of
Land,
Permit
Section.
4
Q.
And how long have you worked for the Illinois
5
EPA?
6
A.
I’ve
worked
for
the
Agency
since
October
of
7
1984.
8
Q.
Could you summarize
your credentials
and
9
qualifications
in
30
seconds
or
less?
10
A.
I
am
a
Licensed
Professional
Engineer
in
the
11
State
of
Illinois.
I
have
a
degree
in
environmental
12
engineering
from Southern
Illinois University
at
13
Carbondale.
14
Q.
Now,
Joyce,
we’ve
asked
you
to
testify
15
concerning
a
meeting
that
you
may
have
had
with
the
16
folks
from
the
ESG
Watts
company
back
in
August
of
17
1995.
Do
you understand that?
18
A.
Yes.
19
Q.
Was
this
meeting
intended
to
address
the
20
denial
points
from the February
1995 denial
of
the Big
21
Mod?
22
A.
This meeting was meant
to assist Watts
in
23
complying with the denial,
to come
to compliance
with
24
the regulations,
and to explain
the denial
to
them.
CAPITOL
REPORTING
SERVICE,
INC.
SPRINGFIELD,
ILLINOIS
217-525-
6167
925
1
Q.
Okay.
And
was
the
meeting
at
their
request?
2
A.
I’m sorry,
I don’t recall.
It probably
was.
3
Q.
Did
you
have
a
productive
discussion
4
regarding
the various
technical
issues?
5
A.
I
thought
we
did,
yes.
6
Q.
Did
you
come
to
any
agreement
or
arrangement
7
as
to
how
a
resubmittal
of
the
Significant
8
Modification
Application
would
be
made
by
Watts?
9
A.
We
didn’t
so
much
as
discuss
the
resubmittal
10
specifically
of
the
application.
We
discussed
how
11
they
would
go
through
the
denial
and
--
I
guess
we
did
12
discuss
the
resubmittal
of
the
application.
That
they
13
would
have to submit information
in regards
to all the
14
denial
points
and
attempt
to
address
all
the
15
regulations
that
the
denial
said
they
did
not
comply
16
with
in
the
first
one
and
then
resubmit
the
17
application
to
us.
18
Q.
Now,
were
you
senior
staff
member,
if
you
19
will,
in
attendance
on
behalf
of
the
Agency
at
that
20
meeting?
21
A.
Yes,
I
was.
22
Q.
Did
you
allow
Watts
to
deviate
from
any
of
23
the
generally
applicable
procedures
or
requirements
as
24
far
as
permit
application
submittals?
CAPITOL
REPORTING
SERVICE,
INC.
SPRINGFIELD,
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217-525-
6167
926
1
A.
Not
in
regards
to
the
resubmittal
of
the
2
application,
no.
3
Q.
Now,
I can represent
to you that there’s
been
4
testimony
to
the
effect
that
all
they
had
to
do
was
to
5
send
in some supplemental
information,
along with
a
6
letter
--
cover
letter
indicating
that
nothing
else
7
had
changed.
Would
this
be
acceptable
to
the
Agency?
8
A.
Not
as
a
resubmittal
to
the
Significant
9
Modification
Application.
10
Q.
And
was
a
filing
made
in
mid
October,
I
think
11
October
18th,
1996,
from
this
company?
12
A.
I don’t know the specific date,
but we did
13
receive
some
information
that
was
purporting
to
14
address
the denial points.
15
Q.
And what action did the Agency take with
that
16
submittal?
17
A.
We
rejected
that
application
on
the
basis
18
that
it
did not
include application
forms and
19
signatures,
and
we
sent
the
information
back.
20
Q.
Was
there
a
subsequent
filing
by
this
21
company?
22
A.
Yes.
They submitted
a Significant
23
Modification
Application.
24
Q.
Let me
show you what we’ve
just marked,
and
CAPITOL
REPORTING
SERVICE,
INC.
SPRINGFIELD,
ILLINOIS
217-525
-6167
927
1
for
that
matter
just
received,
from
your
Agency.
2
We’ve
identified
this
as Exhibit
70.
Could you
3
identify
it
as
to subject matter and so forth?
4
A.
This
is
a
letter
of
incompleteness
for
the
5
Significant
Modification
Application
for
Watts
6
Landfill,
Andalusia
in
Rock
Island
County.
7
Q.
Is
this
an
official
permitting
action
by
the
8
Illinois
EPA?
9
A.
Yes,
it
is.
10
Q.
Would
you
consider
this
to
be
a
business
11
record
created
and
maintained
in
the
usual
course
of
12
the business
of the Illinois EPA?
13
A.
Yes.
14
MR.
DAVIS:
We
would
move
into
evidence
15
Exhibit
70.
16
HEARING
OFFICER
FRANK:
Is
there
any
17
objection?
18
Is
the
letter
dated
yesterday?
19
A.
Yes.
20
MR.
NORTHRUP:
Yeah,
I
am
going
to
object
to
21
it.
And
the
basis
is
that
the
whole
point
of
our
22
discussion
on the 30th was that the Agency would
23
present
a witness
to discuss the items
in the
24
resubmittal.
You’ve
already
ruled,
I
mean,
they
CAPITOL
REPORTING
SERVICE,
INC.
SPRINGFIELD,
ILLINOIS
217-525-6167
928
1
didn’t
give
me
the
opportunity
to
depose
anybody,
and
2
I think
this
is
just
a backdoor attempt
to get their
3
determination
into
the record without
allowing me any
4
opportunity
to cross-examine
or to depose and to have
5
my
witnesses
look
at
the
substance
of
the
denial.
6
MR.
DAVIS:
It
is
not
a
backdoor
attempt.
We
7
had
intended
to
put
Ken
Liss
on
to
address
certain
8
specific
issues.
Ms.
Munie
has
been
called
to
attempt
9
to
rebut
the
assertion
that’s
been
made
several
times
10
regarding
some
sort
of
commitment
by
the
Agency
on
the
11
act
of
filing,
As
to
this
Exhibit
Number
70,
it’s
a
12
business
record.
It
--
I
haven’t
read
it.
I
don’t
13
know
what
it
says,
but
it
is
an
official
action
by
the
14
EPA
on
what
they
filed
as
Exhibit
1,
and
I
think
it
15
has
intrinsic
value
for
that
purpose.
We’re
not
16
asking
her,
nor
is
she
prepared
to
discuss
any
of
the
17
technical
matters
underlying
the
decision.
It’s
not
a
18
technical
decision.
It’s
a
matter
of
completeness.
19
HEARING
OFFICER
FRANK:
I’m
going
to
allow
20
it.
I
believe
that
it’s
relevant
to
this
case.
21
(People’s Exhibit Number
70 admitted.)
22
Q.
Joyce,
let
me show you what we’ve
had
23
admitted previously
as Exhibit
56 and ask
if
this
24
appears
to be
a permit
issued by your Agency on
CAPITOL
REPORTING
SERVICE,
INC.
SPRINGFIELD,
ILLINOIS
217-525
-6167
929
1
January
9,
1996?
2
A.
Yes,
it
is.
3
Q.
And
is
it
your
understanding
that
this
permit
4
is
under
appeal
to
the
Pollution
Control
Board?
S
A.
Yes.
6
Q.
Now,
let
me
back
up
once
again
to
August
7
1995.
Did
you
participate
in
discussions
with
the
ESG
8
Watts company regarding
the need for assessment
9
monitoring
for
their
groundwater
problems?
10
A.
Yes.
We
discussed
groundwater
monitoring
at
11
the
landfill
while
they
were
attempting
to
get
their
12
Significant
Modification.
13
Q.
Even though his testimony
is
in dispute
or
14
subject
to
being
stricken
from
the
record,
did
you
15
understand
that
Mr.
Liss
just
now
indicated
that
16
assessment
monitoring
was
triggered
at
this
facility
17
because
of
some
exceedences
in
the
monitoring
reports?
18
A.
Yes.
19
Q.
Now,
as
a general
matter,
isn’t
this how
it
20
happens?
21
A.
Yes.
They start monitoring groundwater,
and
22
if something
is
found,
it’s triggered,
then they start
23
an assessment.
24
Q.
That’s
the
whole
point
of
quarterly
CAPITOL
REPORTING
SERVICE,
INC.
SPRINGFIELD,
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217-525-6167
930
1
monitoring
and
so
forth,
isn’t
it?
2
A.
Yes.
3
Q.
Now,
getting back specifically
to the Watts
4
Taylor
Ridge
facility,
did
you
also
participate,
5
Joyce,
in discussions
involving
the Attorney General’s
6
office
and
ESG
Watts,
either
collectively
or
with
7
separate
parties
at
separate
times
throughout
the
fall
8
of
1995
on
the
issue
of
assessment
monitoring?
9
A.
Yes.
10
Q.
Did
your
Agency
fax
to
ESG
Watts
a
list
of
11
parameters
that
would
be
subject
to
assessment
12
monitoring?
13
A.
We
faxed
them
a
list
of
groundwater
14
monitoring
parameters
that
is
a
standard
620
list
that
15
you
monitor
for.
16
Q.
During
the
discussions
that
you
participated
17
in
did
it
appear
that
ESG
Watts
was
agreeable
to
18
undertaking
assessment
monitoring?
19
A.
They
agreed
to
do
groundwater
monitoring
in
20
accordance
with the
620 standards.
21
Q.
And
did
it
appear
that
there
may
have
been
an
22
issue
as
to what exactly had to be tested and you
23
attempted
to resolve
that issue?
24
A.
Yes.
When
they were asking
about
the
CAPITOL
REPORTING
SERVICE,
INC.
SPRINGFIELD,
ILLINOIS
217-525
-6167
931
1
specific
constituents
that
they
would
have
to
monitor
2
for,
we faxed
them
a list
of standard constituents
3
under
620.
4
Q.
Does
Exhibit
56
indicate
when
a
permit
S
application was logged
in with
the Agency?
6
A.
It
was
dated
October
9th,
1995,
and
received
7
by
the
Agency
on
October
11th,
1995.
8
Q.
Do
you
recall
whether
that
application
9
included
any
assessment
monitoring
proposal?
10
A.
It
included
a
proposal
to
monitor
the
11
standard
groundwater
list.
12
Q.
And
was
--
and
does
the
Agency
in
its
permit
13
issuance
of
this
Exhibit
Number
56
grant
authority
to
14
do
that?
15
A.
We
grant
the
requirement
to
monitor
16
groundwater
quarterly
and
annually,
and
do
the
17
statistics
and
all
the
standard
groundwater
monitoring
18
requirements.
19
Q.
I
can
also
represent
to
you
that
there’s
been
20
testimony
earlier
in
this
hearing
that
in
issuing
this
21
permit,
Exhibit
56,
the
Agency
acted
“unilaterally”
by
22
including
an
assessment
monitoring
program.
Do
you
23
agree
with that
testimony?
24
A.
We
gave
them
a
standard
Attachment
A
for
CAPITOL
REPORTING
SERVICE,
INC.
SPRINGFIELD,
ILLINOIS
217-525-
6167
932
1
groundwater
monitoring,
which
would
include
assessment
2
monitoring
if
something
was
triggered
in
the
3
groundwater.
4
Q.
And
was
it
your
understanding
that
they
were
S
not
only
proposing
to
do
so
but
were
willing
to
6
implement
such
a program?
7
A.
It
was
my
understanding
that
they
were
8
willing
to
do
the
standard
groundwater
monitoring,
9
yes.
10
MR.
DAVIS:
Thank
you.
No
other
questions.
11
HEARING
OFFICER
FRANK:
Cross?
12
MR.
NORTHRUP:
Yeah,
just
a
couple.
13
CROSS-EXAMINATION
BY
14
MR.
NORTHRUP:
15
Q.
Going
back
to
the
Sig
Mod
meeting,
what
was
16
the
purpose
of
allowing
Watts
to
resubmit
information
17
on
the
denial
points?
18
A.
We
had
some
discussion
about
assisting
them
19
with
specific
plans
within
the
denial.
There’s
20
leachate plans
and there’s
gas monitoring
plans,
and
21
things
like
that
that
did
not
comply
with
the
811
22
standards,
and we did agree
to assist
them
in bringing
23
those
specific plans
to the 811 standards and discuss
24
any specific problems
with
it prior
to them
CAPITOL
REPORTING
SERVICE,
INC.
SPRINGFIELD,
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217 -525-6167
933
1
specifically
submitting
the
Significant
Modification
2
Application.
3
Q.
So
the
information
that
was
--
the
4
information
that was submitted on those denial points
5
what
were
you
going
to
do
with
it?
6
A.
We would review them for adequacy with
the
7
811
regulations
and
assist
Watts
to
bring
them
up
to
S
the 811 standards
if they didn’t
meet
it
or basically
9
tell
them
that
that
plan
would
meet
the
811
standards.
10
Q.
Is
that
what
you
did?
11
A.
We
only
received
one
attempt
before
the
12
Significant
Modification
Application,
and that was an
13
807
application
for
leachate
and
gas
management.
We
14
reviewed
it
in
accordance
with
the
811
standards,
but
15
we
issued
it
under
the
807
supplemental.
16
Q.
You’re
aware
that
Watts
submitted
or
through
17
CH2M-Hill
they made
a submittal
on October 18th of
18
‘96?
19
A.
Yes.
20
Q.
That submittal
addressed
the denial points?
21
A.
I
believe
so.
To
be
perfectly
honest,
I
did
22
not review that submittal.
23
Q.
Okay.
What did the Agency do with that?
24
A.
We
were
looking
for
a
Significant
CAPITOL
REPORTING
SERVICE,
INC.
SPRINGFIELD,
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217-
525-6167
934
1
Modification
Application,
and
we
rejected
that
2
particular
packet because
it did not
include
3
signatures
or
the
application
forms
themselves.
4
Q.
Okay.
But
at your meeting you just testified
S
that
you
were
willing
to
assist
Watts
when
they
6
submitted
documentation
with
respect
to
those
denial
7
points?
8
A.
Watts
also
indicated
to
us
that
they
would
be
9
doing
that
soon,
and
a year later when
the package
10
came
in,
we
were
looking
for
an
application.
11
Q.
Did
Watts
notify
you
that
they
were
going
to
12
submit
an
application?
13
A.
No.
14
Q.
A
formal
application.
Did
you
at
any
time
15
notify
Watts
that
you
would
not
consider
documentation
16
that
they
submitted
to
you
unless
it
was
in
the
form
17
of
a
formal
Sig
Mod
Application?
18
A.
No.
19
MR.
NORTHRUP:
I
don’t
have
any
further
20
questions.
21
HEARING
OFFICER
FRANK:
Is
there
redirect?
22
REDIRECT EXAMINATION
BY
23
MR.
DAVIS:
24
Q.
Joyce,
disregarding
for
the
moment
the
fact
CAPITOL
REPORTING
SERVICE,
INC.
SPRINGFIELD,
ILLINOIS
217-
525-6167
935
1.
that
what you received
in October was
14 months beyond
2
the
discussions
that
you
had
in
August
of
‘95,
and
3
disregarding
the
fact
that
an
enforcement
complaint
4
had
been
filed
regarding
these
issues
with
the
Board
S
in
November
of
1995,
what’s
your
--
did
what
you
6
receive
comport
with
your
expectations?
7
A.
No.
8
Q.
Was
it
neither
fish
nor
fowl?
Was
it
neither
9
a
formal
permit
application
nor
the
informal
let’s
sit
10
down
and
talk
about
it,
how’s
it
look
so
far
approach
11
that
you
thought
you
were
encouraging?
12
A.
It
was
questionable
as
to
what
it
was.
And
13
we have specific
statutory deadlines
that say that
14
once
we
receive
an
application,
and
if
we
accept
it,
15
we
have
90
days
or
possibly
180
days
to
review
it,
16
depending
on what regulations
we’re
falling
under.
17
Q.
And
as
a
general
matter,
has
the
Pollution
18
Control
Board
expressed
its
expectations
in
a
variety
19
of
rulings
in
permit
appeals
about
just
how
rigorous
20
and stringent
and exact
these procedures
must be?
21
A.
Yes.
We
take
those
deadlines
very
seriously.
22
Q.
And for that
matter,
is there not also
a
23
prohibition
between permitting
and enforcement
24
actions?
CAPITOL
REPORTING
SERVICE,
INC.
SPRINGFIELD,
ILLINOIS
217-525-6167
936
1
A.
Yes,
specifically.
2
Q.
And
is
there
any
overt
caution
expressed
by
3
you
in
your
unit
to
try
to
avoid
any
mixing
of
those
4
types
of issues?
S
A.
Always.
It’s
one
of
the
first
things
we
6
teach
permit
reviewers.
7
Q.
Okay.
So
while
on
the
one
hand
we
folks
at
8
the
Attorney
General’s
office
may
make
enforcement
9
demands
and have you sitting
at
the table with
us,
10
it’s
up
to
you
folks
in
the
Permit
Section
to
actually
11
receive
and
do
technical
reviews
and
issue
permits?
12
A.
Yes.
13
MR.
DAVIS:
Okay.
I
think
I’ve
made
enough
14
argument.
Thank
you.
15
HEARING
OFFICER
FRANK:
Mr.
Northrup.
16
MR.
NORTHRUP:
Yeah,
just
real
quick.
17
RECROSS-EXAMINATION
BY
18
MR.
NORTHRUP:
19
Q.
You
said
the
submittal
did
not
comport
with
20
your expectations?
21
A.
Yes.
22
Q.
When did your expectations
change?
23
A.
I had no reason
to believe that we were
still
24
doing
preliminary
reviews
for
this
facility.
I
was
CAPITOL
REPORTING
SERVICE,
INC.
SPRINGFIELD,
ILLINOIS
217-525-
6167
937
1
expecting
a
Significant
Modification
Application
by
2
this
time.
3
When did your expectations
change?
4
A.
Soon
after
we
sent
a
letter
in
October
to
all
5
facilities
warning
them
that
the
September
18th,
1997
6
deadline
is
fast
approaching,
and
that
if
they
don’t
7
get
their
Significant
Modification
approved
by
that
8
date,
they
would
have
to
shut
down.
9
Q.
October
of what year did that letter go out?
10
A.
Of
this
year.
11
Q.
Okay.
So
your
expectations
changed
in
12
October
of
‘96 and yet Watts
made
this resubmittal
on
13
October
18th
of
‘96?
14
A.
Yes.
15
0.
Do
you
know
the
precise
date
when
your
16
October
letter
went
out?
17
A.
It
was
I
--
now I’m going
to say it was
18
August
9th.
No,
I
cannot
tell
you
the
exact
date
that
19
that
warning
letter
went
out,
but
I
do
now
believe
it
20
was August
21
Q.
And did you do anything
to notify Watts
that
22
your expectations
had changed?
23
A.
We did send
that letter
to Watts.
24
Q.
Okay.
What was this letter again?
CAPITOL
REPORTING
SERVICE,
INC.
SPRINGFIELD,
ILLINOIS
217-525-
6167
938
1
A.
It
was
a
letter
telling
them
that
because
of
2
the new Subtitle
D requirements,
as
of October
8th
3
they would
have
to start monitoring
in accordance
with
4
RCRA Subtitle
D,
and in addition
to
that,
this
is
--
S
it
was
a
warning
that
the
September
18th,
1997
6
deadline
was
fast
approaching.
7
Q.
Was
that
a
form
letter?
8
A.
It
was
a
specific
letter
sent
only
to
the
19
9
facilities
that
don’t
have
a
Significant
Modification,
10
but
you
might
consider
it
a
form
letter.
11
Q.
How
many
facilities
don’t
have
a
Sig
Mod?
12
A.
As of
that date
19.
13
Q.
And
those
19
facilities
got
the
same
letter?
14
A.
Yes.
15
Q.
Was
there
anything
in
that
letter
specific
to
16
Watts?
17
A.
No,
except
that
it
was
specifically
sent
to
18
their
facilities.
19
Q.
Did you send
any letter
to Watts
specifically
20
indicating
your changed expectations
with respect
to
21
the resubmittal?
22
A.
No.
I haven’t been
in communication with
23
Watts
for quite
a while.
24
Q.
Do
you
know
if
Watts
has
attempted
to
contact
CAPITOL
REPORTING
SERVICE,
INC.
SPRINGFIELD,
ILLINOIS
217-525-6167
939
1
you?
2
A.
They did
the day of the last hearing.
3
Q.
Did
you
return
that
call?
4
A.
On
advice
of
my
counsel
I
did
not.
S
MR.
NORTHRUP:
I
don’t
have
any
further
6
questions.
7
REDIRECT
EXAMINATION
BY
8
MR.
DAVIS:
9
Q.
When
you
say
counsel,
Joyce,
do
you
mean
the
10
Illinois
EPA’s
Division
of
Legal
Counsel?
11
A.
Yes,
I
do.
12
Q.
The letter that you referred
to that went out
13
to
19
facilities,
would
it
have
gone
out
to
ESG
Watts
14
Sangamon
Valley
Landfill?
15
A.
I
believe
we
sent
them
one.
16
MR.
DAVIS:
No
other
questions.
17
MR.
NORTHRUP:
No questions.
18
HEARING
OFFICER
FRANK:
Okay.
Thank
you.
19
(Witness
excused)
20
MR.
DAVIS:
We
would
call
Joe
Whitley.
21
HEARING OFFICER FRANK:
Mr.
Whitley,
I remind
22
you that you’re
still under oath from our last
23
hearing.
24
CAPITOL
REPORTING
SERVICE,
INC.
SPRINGFIELD,
ILLINOIS
217-525-6167
940
1
JOE
WHITLEY
2
called
as
a witness
herein,
having been previously
3
duly
sworn,
was
examined
and
testified
as
follows:
4
DIRECT
EXAMINATION
BY
S
MR.
DAVIS:
6
Q.
Mr.
Whitley,
were
you
here
this
morning
when
7
Steve
Grothus
testified?
B
A.
I was for the latter part
of
it.
I wasn’t
at
9
the early part
10
Q.
I’m
going
to
wait
until
the
train
goes
by,
11
okay,
Joe?
12
The issue that
I’d like to explore with you,
Joe,
13
concerns
the
gas
extraction
wells.
Did
you
have
a
14
conversation
with
Mr.
Grothus
sometime
in
late
summer?
15
A.
Yes,
I
did.
16
Q.
Did
you
initiate
that
conversation?
17
A.
Yes,
I
did.
18
Q.
Was
this
a
telephone
call?
19
A.
Yes,
it
was.
20
Q.
Can
you
tell
us
what
you
told
him?
21
A.
On
a Monday fairly early
in the morning,
I’m
22
going
to say around
8,
9:00,
I called to the landfill
23
and
I got
in touch with Steve Grothus,
and
I said
24
since
Friday
--
well,
Friday,
Saturday
and
Sunday,
all
CAPITOL
REPORTING
SERVICE,
INC.
SPRINGFIELD,
ILLINOIS
217-525-6167
941
1
weekend
we
have
been
absolutely
smothered
with
odors.
2
Steve
Grothus
replied
to me,
“I smelled
it when
I
3
turned off the Andalusia Road going into
the landfill.
4
I will check
and see what’s
the matter,
and
I will
S
call
you
back.’
6
Q.
Did he
do so?
7
A.
He
did
so.
8
Q.
What
did
he
tell
you?
9
A.
He
told
me
there
were
some
open
wells.
That
10
on
Thursday
they
was
drilling
and
the
rain
caught
them
11
unexpectedly
and
the
wells
was
open
at
this
time
and
12
they didn’t
get them covered
up till Monday and
13
assured
me that
it would not happen again.
14
0.
Okay.
So your conversation was on
a Monday?
iS
A.
Yes,
it
was.
16
Q.
And
did
you
understand
him
to
refer
to
the
17
previous
Thursday?
18
A.
Yes.
19
Q.
Okay.
Now,
did
he
use
the
word
or
term
open
20
wells?
21
A.
I
--
I’m not sure
of the exact
terms
that
he
22
did
use.
He
said
that there were some wells
that did
23
not have
the casings put
in them.
Now,
whether that
24
is open or what
it
is,
I’m not sure.
Steve would
CAPITOL
REPORTING
SERVICE,
INC.
SPRINGFIELD,
ILLINOIS
217-525-6167
942
answer
that better than
I,
but
he said there
was,
he
said,
three or four wells
there
that wasn’t
finished.
They were incomplete,
caught by the rain.
Q.
And did he acknowledge
whether these were,
quote,
open
wells
or
incompletely
installed
wells
that
such
were
the
source
of
these
odors
that
both
he
and
you
had
detected?
A.
Yes.
Q.
Did this occur before or after your
deposition
that
Mr.
Northrup
took?
A.
I’m
not
sure.
What
date
was
the
deposition?
MR.
NORTHRUP:
I
don’t
know.
I
don’t
have
it
with
me.
MR.
DAVIS:
I
don’t
remember.
Q.
Do you recall
at
that deposition,
Joe,
that
Mr.
Grothus
was
present
and
made
certain
statements
about
there
being
a
danger
regarding
the
wells
being
open?
A.
0.
deep
they
Yes,
I
do.
And
did
he
in
particular
indicate
that
these
wells
and
that
somebody,
if
they
didn’t
know
were
there,
could fall
into the wells?
A.
Yes,
he
did.
Q.
And did he express
to you
a concern
that you
CAPITOL
REPORTING
SERVICE,
INC.
SPRINGFIELD,
ILLINOIS
217-525-6167
1
2
3
4
S
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
were
that
943
1
should
stay
off
the
property?
2
A.
Yes,
he did.
3
Q.
Did
he
mention
anything
at
that
time
about
4
big heavy steel plates
that would cover these
open
S
wells?
6
A.
No,
he
did
not
7
Q.
Did
he
use
at
that
time
the
term
open
wells?
8
A.
Yes,
he
did.
9
Q.
Let me turn to one more issue regarding the
10
retention
pond.
First
of
all,
is
the
retention
pond
11
as
it
has
existed
these
past
several
years,
that
is,
12
generally
speaking,
is
it located
on your property
13
entirely,
on the landfill property entirely,
or
14
partially
on
both?
15
A.
I
constructed
the
dike
and
through
the
16
erosion
and
sediment
that
has
come
off
of
the
landfill.
17
and
where
the
new
fence
was
put
back
in,
it
ran
--
the
18
water
is
higher
than
the
elevation
of
the
fence.
19
Q.
Okay.
20
A.
So
there
is
water
on
the
landfill
side.
21
There
is water
on my
side.
22
Q.
Do
you
know
how
far
from
the
fence,
which
23
represents
the boundary,
the dike
is?
24
A.
20
to
30
feet.
CAPITOL
REPORTING
SERVICE,
INC.
SPRINGFIELD,
ILLINOIS
217-525-
6167
944
1
0.
So
at
least
that
portion
is
without
a
dispute
2
on your property?
3
A.
It
is.
4
Q.
I understand
from your previous testimony
S
that
the
location
of
the
fence
was
a
matter
of
6
agreement
between
you
and
Mr.
Grothus?
7
A.
Yes,
it
was.
8
Q.
And
is
it
fair
to
say,
sir,
that
your
9
agreement
was
based
upon
some
surveying
that
you
had
10
had
conducted?
11
A.
I
did
not
conduct
a
survey,
no,
but
I
was
12
there
when
the
survey
was
done
and
I
do
know
where
the
13
stakes
are.
14
Q.
Okay.
Was
the
--
how
was
the
survey
done?
15
Who
requested
it?
16
A.
The
guy’s
name
was
Marvin
Kammerman
that
17
actually
did
the
surveying
at
the
time
that
I
was
18
present
or
the
time
that
I
was
there,
because
he
sent
19
me
a
letter
stating
so
that
he
was
going
to
be
there
20
surveying
the
property.
That’s
why
I
was
there.
2.
Q.
On
whose
behalf
was
he
acting
apparently?
22
A.
On ESG Watts.
23
Q.
Okay.
So regardless
of all of
that,
where
24
the fence
is
is where
everybody agrees
the property
CAPITOL
REPORTING
SERVICE,
INC.
SPRINGFIELD,
ILLINOIS
217-S2S
-6167
945
1
line
is?
2
A.
That’s
where
the stakes
are set.
3
Q.
Directing
your
attention
now
to
November
19,
4
1996.
Has
anything
occurred
with
--
in
regards
to
the
5
retention
pond?
6
A.
I’ve
had
the
retention
pond
cleaned,
yes,
7
sir.
B
Q.
On
that
date?
9
A.
On
a date
in November.
I’m not positive.
10
I’ve
got
notes
back
there
but
--
I’m
going
to
say
it
11
was
in
November,
yes.
12
Q.
Middle
November?
13
A.
Right.
14
0.
Okay.
At
whose
behalf
and
at
whose
expense?
15
A.
My
behalf
and
my
expense.
16
Q.
How
much?
17
A.
80
dollars.
18
Q.
Has
the
landfill
removed
any
silt
or
done
any
19
dredging
in
regards
to
the
retention
pond
since
summer
20
of
‘95?
21
A.
No,
sir.
22
Q.
Is your property still being impacted mid
23
December,
that
is
as of
today,
by the retention
pond?
24
A.
Yes,
it
is.
CAPITOL
REPORTING
SERVICE,
INC.
SPRINGFIELD,
ILLINOIS
217-525-6167
946
1
Q.
How?
2
A.
There’s
siltation
in
it
right
now.
The
3
siltation
is
approximately
six
inches
from
the
top
of
4
the
dike.
That
is
why
that
I
had
it
cleaned
out,
the
5
part
that
never
was
cleaned
out
in
‘9S,
and
built
the
6
dike
a
little
higher
to
--
so
it will retain more of
7
the
siltation
that’s
coming
in
there
before
the
water
8
actually
comes
off,
because
actually
it’s
only
six
9
inches
from
the
top
prior
to
my
having
it
done.
I
had
10
it
done
in
late
November
because
I’ve
asked
the
11
landfill
personnel
since
April
of
this
year
to
do
it,
12
they
haven’t
done
it.
So
before
the
ground
froze
and
13
got hard and the spring
thaws
next spring would
14
completely
fill
the
pond
and
overfill
the
pond,
so
I
15
hired
a
guy
to
come
down
and
dig
out
the
portion
that
16
was
there
and
put
it
on
the
dike.
17
Q.
Who
did
you
talk
to
at
the
landfill
to
18
discuss
this?
19
A.
I
didn’t
--
I
haven’t
talked
to
anyone
--
20
Q.
I
mean
who
did
you
make
the
requests
upon?
21
A.
You
mean
to
clean
out
the
pond?
22
Q.
Right.
23
A.
I’ve made the request
on numerous occasions,
24
but mostly
to Elmer Elliott,
and he has been
the
CAPITOL
REPORTING
SERVICE,
INC.
SPRINGFIELD,
ILLINOIS
217-
525-6167
947
1
contact,
I
would
say,
probably
75
percent
of
the
time.
2
Q.
Has Mr.
Grothus been the contact any other
3
times?
4
A.
Oh,
I’ve talked with Mr. Grothus
on numerous
5
occasions,
yes,
sir.
6
Q.
Joe,
you
testified
in
the
evening
of
the
29th
7
of
October
of
this
year,
and
it
occurs
to
me
that
that
8
was
a
rather
rainy
evening,
was
it
not?
9
A.
I’m
not
sure,
sir.
10
HEARING
OFFICER
FRANK:
I
can
take official
11
notice
of
the
fact
that
we
had
a
huge thunderstorm
12
that night.
13
A.
Oh,
okay,
at
the
hearing.
14
0.
At
the
hearing.
15
A.
Yes,
we
did.
We
had
a
terrible
storm.
I
do
16
remember.
17
Q.
After
you
left
the
witness
chair
and
went
18
home
that
night
or
the
next
day,
did
you
observe
any
19
runoff
problems
from
the
landfill?
20
A.
I’m not sure that
I went there
the night,
but
21
in the next
few days there was
some runoff,
yes,
sir.
22
Q.
Are things
just
as bad as they were,
say,
23
last
year?
24
A.
There’s
not
much
change,
no,
sir.
CAPITOL
REPORTING
SERVICE,
INC.
SPRINGFIELD,
ILLINOIS
217-525-6167
948
1
MR.
DAVIS:
Okay.
Thank
you,
sir.
2
HEARING
OFFICER
FRANK:
Cross?
3
CROSS-EXAMINATION
BY
4
MR.
NORTHRUP:
5
Q.
You
say
there
hasn’t
been
much
change
in
the
6
last
year.
Has there been much change
from the way
7
things
were
in
1988?
B
A.
There’s
been
lots
of
changes
in
the
landfill,
9
yes,
sir,
in the last ten years,
eight years,
seven
10
years.
There’s
changes
all
the
time.
11
Q.
When
you
had
this
telephone
conversation
with
12
Steve
Grothus,
it was late summer
of
‘96?
13
A.
Yes,
sir,
either July
--
late
July
or
August
14
of
this
year,
yes,
sir.
15
Q.
At
any
time
--
well,
with
respect
to
the
16
November
19th
cleaning
of
the
pond,
did
you
request
17
anybody
at
Watts
to
clean
that
pond
at
that
time?
18
A.
On
that
specific
date?
19
Q.
tJh-huh.
20
A.
On November the 19th?
21
Q.
Did you make any request
of Watts
to clean
22
the pond between August
of
‘95
and
November
19th
of
23
‘96?
24
A.
Yes,
sir
CAPITOL
REPORTING
SERVICE,
INC.
SPRINGFIELD,
ILLINOIS
217-
525-6167
949
1
Q.
How
many
times?
2
A.
Probably
four.
3
Q.
Okay
4
A.
At
least.
5
0.
Okay.
Now,
did
Watts
clean
that
pond
on
any
6
of those
four occasions?
7
A.
No,
sir.
B
Q.
Who
did
you
make
your
request
to?
9
A.
I
made
most
of
the
requests.
to
Elmer
Elliott.
10
I’m
not
sure
if
Steve
or
Mr.
Jones
either
one
that
I
11
have
talked
to
them
about
it
or
not,
but
Elmer
was
at
12
my
place
and
did
go
to
the
site
with
me
and
see
what
I
13
wanted
done,
informed me that they had
a breakdown
of
14
their
small
backhoe,
I
believe
he
called
it,
and
he’d
15
get
it
as
soon
as
the
backhoe
got
fixed.
16
Q.
And
when
was
this?
17
A.
This
would
have
been
in
April
probably
of
18
this
year
19
Q.
Of
‘96?
20
A.
‘96,
yes,
sir
21
0.
Had
you
made
any
requests
of
the
landfill
to
22
clean
the
pond
since
April
of
‘96
to
today’s
date?
23
A.
I’m
not
sure
if
that
was
the
last
24
conversation
that
I
had.
I do have
that as
a note
in
CAPITOL
REPORTING
SERVICE,
INC.
SPRINGFIELD,
ILLINOIS
217-525-
6167
950
1
my
book
that
I
talked
with
Elmer
and
went
to
the
2
landfill
site
with
Elmer
on
that
date
of
April
the
3
26th.
The other dates
I’m not sure
of whether
I
--
4
I’m
sure
that
I’ve
asked
him
on
more
than
one
occasion
S
to
clean
it
out.
6
Q.
Do
you
have
any
notations
in
your
book
that
7
you
made
any
-
-
B
A.
I
probably
do.
I
don’t
have
it
with
me,
Mr.
9
Northrup.
10
Q.
--
that
you
made
any
requests
after
April
11
26th?
12
A.
It
would
be
in
my
book,
but
I
don’t
have
my
13
book
with
me.
14
Q.
where
is
your
book?
15
A.
It’s
at
home.
16
Q.
Why didn’t you bring
it with you?
17
A.
I
didn’t
know
I
was going
to testify.
18
MR.
NORTHRUP:
Those
are
all
the
questions
I
19
have.
20
MR.
DAVIS:
Nothing further.
21
HEARING OFFICER
FRANK:
Okay.
Thank
you.
22
(Witness excused)
23
HEARING OFFICER
FRANK:
Are there any other
24
witnesses?
CAPITOL
REPORTING
SERVICE,
INC.
SPRINGFIELD,
ILLINOIS
217-525-6167
951
1
MS.
SYMONS-JACKSON:
No.
2
HEARING OFFICER
FRANK:
Okay.
3
MR.
NORTHRUP:
I want
to call Steve Grothus
4
as
a
rebuttal
--
surrebuttal.
At
least
I
think
I
do.
5
I
want
to
talk
to
Steve
first.
6
HEARING
OFFICER
FRANK:
Can
I
go
ahead
and
do
7
a
housekeeping
matter
before
you
--
we
go
off
the
8
record
and
I
let
you
do
that.
9
I
just
wanted
to
make
clear
at
our
last
hearing
I
10
accepted
an
exhibit
list
instanter
for
purposes
of
11
hearing.
You
guys
were
nice
--
you
guys,
the
Attorney
12
General’s
office
were nice enough to provide
it.
I am
13
not
going
to
forward
that
to
the
Board
because
I
think
14
it
would
cause
some
confusion
because
it’s
going
to
be
15
so
similar
to
the
complete
exhibit
list
which
I
16
provide.
It
was
very
helpful
for
hearing,
but
I’m
17
going
to
just
go
ahead
and
do
an
official
exhibit
18
list.
So
I
want
you
to
know
that
that
will
not
be
19
part
of
the
record.
It
will
be
sort
of
part
of
the
20
entire
one.
21
I also need to mention for the record that there
22
have been members
of the public present
throughout
the
23
day listening
to the hearing.
24
And
all of the witnesses
that have testified
I
CAPITOL
REPORTING
SERVICE,
INC.
SPRINGFIELD,
ILLINOIS
217-525-
6167
have found
credible.
something
for
the
the
record.
And
like
you
guys
to
about
briefing
schedules.
MR.
NORTHRUP:
Quick
question.
an exhibit
list.
have
my
numbers
on
here.
I’d
given
you
It
was
incomplete
in
that
I
didn’t
Do you want me
to give you
a
revised
list
of
my
own
or
are
you
just
going
to
incorporate?
HEARING
OFFICER
FRANK:
Actually,
I
don’t
remember
ever
receiving
an
exhibit
list
from
you.
MR.
NORTHRUP:
Okay.
HEARING
OFFICER
FRANK:
Do
you
want
one?
No.
I’ve been
keeping
track
of
them,
and
I’ve
already
typed
in
the
ones
from
the
last
hearing
onto
the
disk
which
was
provided
to
me
by
the
Attorney
General’s
office.
don’t
need
it.
Let’s
go off the record.
(Discussion
off
the
record.)
HEARING
OFFICER
FRANK:
You’re
still
under
CAPITOL
REPORTING
SERVICE,
INC.
952
discussed
at the last hearing,
is
1
2
3
4
5
6
weight
of
testimony,
as
we
Board
to
examine.
And
let’s
go
ahead
and
go
off
while
you
talk
to
Steve,
I’d
also
7
think
of
--
both parties
to think
B
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
So
I
24
oath
SPRINGFIELD,
ILLINOIS
217-525-6167
953
1
MR.
GROTHUS:
Yes,
ma’am.
2
HEARING OFFICER
FRANK:
Okay.
3
STEVE
GROTHUS
4
called
as
a witness
herein,
having been previously
5
duly
sworn,
was
examined
and
testified
as
follows:
6
DIRECT
EXAMINATION
BY
7
MR.
NORTHRUP:
8
0.
Okay,
a
couple
quick
questions.
You
were
in
9
the
room
here
when
Mr.
whitley
just
testified?
10
A.
Yes,
sir.
11
Q.
He
testified
about
a
telephone
conversation
12
that he purportedly had with you perhaps
late July or
13
August
of
1986
regarding
odors
from
the
landfill.
Do
14
you
recall
that?
15
A.
No.
16
Q.
‘96?
17
A.
‘96.
No,
I
don’t
recall.
lB
Q.
Do
you
recall
him
testifying
to
that?
19
A.
Yeah,
I
remember
him
saying
it.
20
Q.
Do you recall
that telephone conversation?
21
A.
No.
22
Q.
Have you
-
-
based
on your knowledge
have you
23
ever left
a gas extraction
well
hole
left uncovered?
24
A.
No.
CAPITOL
REPORTING
SERVICE,
INC.
SPRINGFIELD,
ILLINOIS
217-525-6167
954
1
Q.
Now,
Mr.
Whitley
talked
about
--
used
the
2
term purportedly
you said something
about
you left
--
3
there
were casings
in
these
holes.
Is casing
a term
4
that you understand?
5
A.
Not
in
this
type
of
well
drilling
operation.
6
Casing
meaning
the
well
casing?
Is
that
what
he’s
--
7
okay,
the
well
casing,
yeah.
Okay.
B
Q.
Well,
I’ll
just
strike
that
question.
9
There
was
also
some
testimony
regarding
some
10
statements
you
purportedly
made
at
Mr.
Whitley’s
11
deposition
in
this
case.
12
A.
Uh-huh.
13
Q.
Do you recall
him testifying
about
that?
14
A.
Yes.
15
Q.
Do
you
recall
that
day?
16
A.
Yes.
17
Q.
When
he
was
deposed?
18
A.
Yes,
I
do.
19
Q.
What
is
your
recollection
of
what
you
told
20
Mr. Whitley
that day?
21
A.
we
were talking
about
the well
drilling
22
operation,
and
I believe
I asked him that
I noticed
23
some people on the landfill
late one evening prior
to
24
the
well
drilling
operation.
Knowing
what
was
going
CAPITOL
REPORTING
SERVICE,
INC.
SPRINGFIELD,
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217-525-6167
955
1
to
happen,
I
was
very
concerned
about
that.
If
there
2
are people walking across
it
from
--
they
came
from
3
north
to south when
I saw them.
If we’re up there
4
drilling,
they may not realize
what’s going
on.
I
5
told
him
I
was
very
concerned,
I
was
afraid
that
6
somebody
might
fall
in
a
well.
Basically
to
scare
him
7
or
for
him
to
let
people
know
or
whatever.
I
told
him
8
that
to
scare
them
off,
keep
people
out
of
there
at
9
all
costs.
10
Q.
At
the
time
you
made
that
statement
was
there
11
ever
a
period
prior
to
that
time
when
a
well
had
not
12
been covered
at the end of the day?
13
A.
Not that
I’m aware
of.
14
Q.
So
what
again
was
the
purpose
of
putting
him
15
on
notice
that
these
holes
were
out
there?
16
A.
To make
sure
that
if anyone
he knew or any
17
one
of
the
neighbors
or
anything
were
walking
across
18
the site,
that’s extremely dangerous
at that
time.
19
MR.
NORTHRUP:
No further questions.
20
CROSS-EXAMINATION
BY
21
MR.
DAVIS:
22
Q.
Steve,
I
seem
to
recall
you
also
discussed
23
the fact
that people had been driving recreational
24
vehicles
or something?
CAPITOL
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217-
525-6167
956
1
A.
Yeah,
I
found
ATC
tracks
and
things
like
that
2
up there.
3
Q.
And
the
people
that
you
may
have
seen
4
on-site,
that didn’t
include
Mr. Whitley,
did
it?
S
A.
No.
Heavens,
no.
Could
have
been
anybody.
6
I’m
assuming
it
was
kids.
7
Q.
So
when
you
did
talk
about
the
danger
of
open
B
wells
and
the
long
shafts
and
the
lack
of
air
and
all
9
that,
that
was
just,
as
you
put
it,
an
effort
to
scare
10
him?
11
A.
Yes.
To
scare
him
and
to
let
--
I
figured
he
12
talked
to
a
lot
of
neighbors
all
the
time
and
he
was
13
kind
of
the
source
of
communication
possibly.
14
Irregardless
if
we
covered
the
wells
or
not,
hopefully
15
it
was
a
deterrent.
16
Q.
Did
he
make
any
response
or
reply
to
these
17
statements
by
you?
18
A.
I
don’t
recall.
19
Q.
Did
he
say
something
to
the
effect
that
he
20
would not go on the site?
21
A.
Oh,
I’m
--
I
think
he
did
probably,
yeah.
He
22
never
--
I
mean
to
my
knowledge
he’s
never
come
onto
23
it without
talking
to us or whatever.
24
Q.
Let’s
turn
our
attention
now
to
late
July,
CAPITOL
REPORTING
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957
1
early
August,
that
time
period.
2
A.
Okay.
3
Q.
Were
the odors
attributable
to the well
4
drilling
and
dredging
or,
rather,
the
spoils,
were
the
5
odors
worse
then
than
they
had
been
prior
to
the
6
implementation
of the project?
7
A.
I don’t
get
it.
B
Q.
After
the
project
commenced,
were
the
odors
9
worse
than
they
were
before
the
project
commenced?
10
A.
They
may
have
increased
a
little
bit,
yeah.
11
Q.
Did
he
ever
call
you
to
complain
about
the
12
odors?
13
A.
I
don’t
really
recall
him
--
he may have,
but
14
I
don’t
recall
it.
15
Q.
Is
it
plausible?
16
A.
Sure.
17
Q.
Or even likely?
18
A.
Well,
I
don’t
know
if
it’s
likely.
It’s
19
plausible.
Sure,
it’s
plausible
that
he
could,
20
uh-huh.
21
Q.
But
you
don’t
remember
ever
responding
to
him
22
if
indeed
he did call you to the effect that,
yes,
you
23
smelled
it,
too,
and
it was bad?
24
A.
Well,
I
smelled
it when
I was working
on the
CAPITOL
REPORTING
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217-525-6167
958
1
project.
Yeah,
you smelled
it all the time when you
2
were working the project.
Gas was coming out
of
the
3
hole.
4
0.
All right.
And gas would
--
you
could
smell
5
it
regardless
whether
the
plates
were
covering
the
6
openings
or
not?
7
A.
Sure
8
MR.
DAVIS:
Okay.
That’s
fine.
Nothing
9
else.
10
REDIRECT
EXAMINATION
BY
11
MR.
NORTHRUP:
12
Q.
One
last
question.
Do
you
ever
recall
13
telling
Joe Whitley
that
there
was
a time where
the
14
holes
were
not
covered?
15
A.
No.
16
MR.
NORTHRUP:
No
further
questions.
17
HEARING
OFFICER
FRANK:
Anything
else?
18
MR.
DAVIS:
No.
19
HEARING
OFFICER
FRANK:
Okay.
20
(Witness excused)
21
HEARING OFFICER
FRANK:
Do we have any other
22
witnesses?
23
MR.
DAVIS:
No,
the
People
have
none.
24
HEARING
OFFICER
FRANK:
Okay.
Then
let’s
go
CAPITOL
REPORTING
SERVICE,
INC.
SPRINGFIELD,
ILLINOIS
217-525-6167
959
1
off
the
record
to
talk
about
briefs.
2
(Discussion
off the record.)
3
HEARING
OFFICER
FRANK:
Let’s
go
back
on
the
4
record.
5
For
the
briefing
schedule,
the
People’s
first
6
brief
will
be
due
on
January
17th.
Mailed
is
filed
as
7
far
as
the
Board
is
concerned.
However,
and
I
want
to
8
be
clear
about
this,
I
do
expect
you
to
get
the
brief
9
to
Mr.
Northrup’s
office
by
5:00
on
Friday.
You
can
10
stick
it
in
the
mail
to
the
Chicago
office
of
the
11
Board,
but
that
way
Mr.
Northrup
will
have
it.
And
12
you guys
are all
in Springfield,
so
it shouldn’t
be
a
13
problem.
14
Then
--
actually,
the
17th
is
three
weeks
and
you
15
agreed
--
oh,
no,
we’re
starting the 3rd because
of
16
when
the
transcript
is
coming
in.
That’s
right.
17
So,
Mr.
Northrup,
your
brief
will
be
due
on
18
February
7th.
19
MR.
NORTHRUP:
That’s
three
weeks?
20
HEARING
OFFICER
FRANK:
That
is
three
weeks.
21
MR.
NORTHRUP:
Thank you very much.
22
HEARING OFFICER
FRANK:
And the People
have
23
agreed to their
final
brief being February
21st.
24
MR.
DAVIS:
And Mr. Northrup will
give
us his
CAPITOL
REPORTING
SERVICE,
INC.
SPRINGFIELD,
ILLINOIS
217-525-
6167
960
1
as
well
by
5:00
on
the
7th?
2
HEARING OFFICER
FRANK:
Yes.
That applies
to
3
all
of
them,
except
for
your
reply
brief.
You
can
4
mail
it
to
him
or
walk
it
over,
I
don’t
care
how
you
5
get
it
to
him.
6
But
I
would
expect
that,
Mr.
Northrup,
your
brief
7
which
is
due
February
7th
you
need
to
have
in
the
B
hands
of
someone
at
the
Attorney
General’s
office
by
9
5:00
or
-
10
MR.
DAVIS:
4:45.
That’s
when
the
building
11
shuts.
12
HEARING OFFICER
FRANK:
At what
time?
4:30?
13
MR.
DAVIS:
4:45.
I’m not always
facetious.
14
This
is
true.
15
HEARING
OFFICER
FRANK:
That’s
fine.
By
4:45
16
on
the
7th
of
February.
17
Is your office open until
5?
18
MR.
NORTHRUP:
Oh,
we’re
open
24
hours
a
day.
19
HEARING
OFFICER
FRANK:
Then
the
Attorney
20
General’s
brief
which
is due January
17th,
as long
as
21
Mr. Northrup
has
it by
5.
And you can put
them all
in
22
the mail
to the Board.
23
Are there
any other questions
or anything
else
we
24
need
to discuss?
CAPITOL
REPORTING
SERVICE,
INC.
SPRINGFIELD,
ILLINOIS
217-525-6167
961
1
MR.
NORTHRUP:
I
have
a
procedural
question
2
just
because
I’ve
never
dealt
with
this
before.
3
Do
I need
--
on
Ken
Liss’s
offer
of
proof
do
I
--
4
is
it appropriate
for me
to file
some kind
of motion
5
excluding
that
from
the
transcript
and
being
set
apart
6
or
7
HEARING
OFFICER
FRANK:
If
you
want
to
do
8
that,
that
is
a
personal
decision.
On
other
offers
of
9
proof
that
I
have
seen
it
would
be
up
to
the
Attorney
10
General’s
office
to
move
the
Board
to
accept
it
as
11
part
of
the
transcript.
It
just
remains
in
the
12
transcript
and the Board knows
when they
see offer
of
13
proof,
you
know,
that
they’re
not
going
to
--
that
14
testimony
isn’t
something
that
they
can
base
their
15
decision
on.
16
MR.
DAVIS:
Yeah.
We’ve
done
all
we
need
to
17
do.
If you want
to make
some further argument,
then
18
we
would
respond
to
it
when
you
make
your
motion.
19
HEARING
OFFICER
FRANK:
But
you
probably
20
should procedurally,
at
least,
reiterate
in your brief
21
that
you
wish
the
offer
of
proof
to
be
accepted.
22
Because the Board rule states
that motions
that are
23
orally
done
at
hearing
must
be
restated
in
writing
to
24
the
Board.
And
it’s
just
the
safer
way
to
go
to
make
CAPITOL
REPORTING
SERVICE,
INC.
SPRINGFIELD,
ILLINOIS
217-525-6167
962
1
sure
that
the
Board
sees
it
and
does
something
about
2
it.
I would
suggest
that you do
it
in writing.
And
3
if
you
want
to
do
it
as
part
of
your
brief,
that’s
4
fine.
But you ought
to reiterate
it
in writing.
5
MR.
NORTHRUP:
Kind
of
following
up
then,
so
6
if
I
were
to
file
a
motion
on
People’s
68,
is
the
7
preferable
way
to
do
it
in
my
briefs
or
to
file
a
B
separate
motion?
9
HEARING
OFFICER
FRANK:
I’ve
seen
it
done
10
both
ways.
A
lot
of
times
people
do
it
in
their
11
briefs
because
the
briefing
schedule
is
tighter.
I
12
would suggest
that because we’re
talking about
your
13
brief
being
filed
in
February
that
if
you
want
to
file
14
something
--
the
Board’s
going
to
start
looking
at
15
information
in
this
case
prior
to
February.
16
MR.
NORTHRUP:
Right.
17
HEARING
OFFICER
FRANK:
And
if
you
want
them
18
to
exclude
an
exhibit,
then
file
a
motion.
19
MR.
NORTHRUP:
And
I
--
20
HEARING
OFFICER
FRANK:
Is
that
it
for
2.
procedural
questions?
22
MR.
DAVIS:
I guess
just
to
--
maybe
it
23
wasn’t
clear before,
but our
68
is
a reproduction
of
24
your Exhibit
2.
So
I don’t
know how you can move
to
CAPITOL
REPORTING
SERVICE,
INC.
SPRINGFIELD,
ILLINOIS
217-525-6167
963
1
strike
our
68
if
you’ve,
you
know
--
2
HEARING OFFICER FRANK:
Okay.
The exhibit
is
3
in evidence.
He was asking procedurally
if
he chose
4
to
make
a
motion
to
the
Pollution
Control
Board
what
5
to
do.
I’m
not
going
to
go
over
again
whether
or
not
6
that
exhibit
is
—-
it
is
in
evidence
now,
It’s
up
to
7
the
Board
and
up
to
Charlie.
8
MR.
DAVIS:
Fine.
9
MR.
NORTHRUP:
Thanks,
Tom.
10
HEARING
OFFICER
FRANK:
Is
there
anything
11
else
that
we
need
to
cover?
12
MR.
NORTHRUP:
One
last
thing.
I
think
you
13
talked
about
this
before.
The
record
is
going
to
be
14
here
so
we’ll
have
access
to
it?
15
HEARING
OFFICER
FRANK:
What
the
clerk’s
16
office
has
agreed
is
that
it
will
stay
in
Springfield
17
for
some
amount
of
time.
I
will
give
them
the
18
briefing
schedule
and
it
should
at
least
be
here
19
through
the
briefing
schedule
time.
And
they
will
set
20
up some kind
of
a system
in the Springfield office
for
21
you to make sure
that you don’t walk
out
with
22
exhibits.
And they’re here now,
so
if you need them
23
tomorrow,
they should
--
you
should
have
access
to
24
them.
CAPITOL
REPORTING
SERVICE,
INC.
SPRINGFIELD,
ILLINOIS
217-
525-6167
964
3.
Is
there anything else?
2
MS.
SYMONS-JACKSON:
Just
so
you
know,
the
3
two
photographs
that
were
missing
from
Ron
Mehalic’s
4
inspection
report we will provide
those to you
as soon
5
as we get them from him.
6
HEARING
OFFICER
FRANK:
Was
that
41?
7
MS.
SYMONS-JACKSON:
Yeah.
It
was
December
8
14,
1994.
9
HEARING OFFICER
FRANK:
Do you have any idea
10
timewise?
1.
MS.
RYAN:
I
understand
it
takes
them
about
a
12
day after you request
them
to get them back,
so
a
few
13
days
I
would
think.
14
HEARING
OFFICER
FRANK:
If
you
send
them
--
15
send
them
directly
to
me
and
I
will
take
care
of
16
making
sure
they’re
in
the
right
place
in
the
exhibit.
17
Okay?
18
Thank you
all very much.
19
(which
were
all
of
the
proceedings
had
20
on the hearing
of this cause on this
2.
date.)
22
23
24
CAPITOL
REPORTING
SERVICE,
INC.
SPRINGFIELD,
ILLINOIS
217-525-6167
965
1
STATE
OF ILLINOIS
SS
2
COUNTY OF SANGAMON
3
4
CERTIFICATE
5
I,
Dorothy
J.
Hart,
affiliated
with
Capitol
6
Reporting
Service,
Inc.,
do hereby certify that
I
7
reported
in
shorthand
the
foregoing
proceedings;
that
8
the witnesses
were duly sworn by me; and that the
9
foregoing
is
a true and correct transcript
of the
10
shorthand
notes
so
taken
as
aforesaid.
11
I
further certify that
I
am in
no way associated
12
with or related to any of the parties
or attorneys
13
involved
herein,
nor
am
I
financially
interested
in
14
the
action.
15
16
enp’e
Nff~(084-001390
17
Certified
S~c’rthand
Reporter
Registered
Professional
Reporter
18
and Notary
Public
19
20
Dated
this
17th
day
of
21
December,
A.D.,
1996,
at
22
Springfield,
Illinois.
23
24
CAPITOL
REPORTING
SERVICE,
INC.
SPRINGFIELD,
ILLINOIS
217-
525-6167
POLLUTION
CONTROL
BOARD
RE~ARING
12/12/96
‘86
isi
687:10;
805:6;
822:10,
11,
12
‘87
1)
es’i:io
‘90
2
774:24;
905:17
‘91
(3
761:9;
791:18;
‘92
2
865:5;
908:9
‘93
11
660:2;
715:2;
718:23;
728:16,
20;
763:8;
775:1;
792:14,
17;
794:2;
796:7
‘94
16
718:24;
719:1;
763:6;
774:24;
777:15;
778:22;
792:5,
12;
793:9,
10,
20;
804:20;
810:4;
823:24;
872:14;
905:8
‘95
30
662:24;
663:2;
685:10;
695:21,
22;
719:1;
732:20;
740:2;
745:19;
761:10;
768:7;
779:8,
16;
782:12;
790:1;
793:18,
20;
799:4;
809:7;
829:8;
837:2;
852:11;
853:9;
905:18,
19;
919:9;
935:2;
945:20;
946:5;
948:22
‘96
18
761:10;
784:15;
789:10;
822:11,
13;
828:6;
851:4;
921:22;
933:18;
937:12,
13;
948:12,
23;
949:19,
20,
22;
953:16,
17
‘97
1
875:16
00
18
649:17;
676:24;
677:1,
3,
5;
678:11;
679:4;
700:2,
11,
24;
701:2;
710:19,
22;
711:7;
940:22;
959:9;
960:1
001
(31)
658:14;
659:13;
664:20;
694:16,
20;
720:9;
721:1;
754:15,
17;
757:3;
758:14,
21;
759:10;
767:21;
771:11;
772:8,
21;
801:11,
20;
811:9;
820:21;
825:21;
835:7;
879:1,
5,
6,
8,
24;
880:8,
9;
885:10
002
(141
758:14,
21;
801:13;
802:8,
14;
820:21;
624:13;
826:20;
878:24;
879:4;
882:11,
19,
24;
885:9
05
(61
670:13;
674:11,
15,
16;
698:5;
700:7
1
t~j
678:11;
679:1;
781:12;
827:13;
855:22,
23;
856:2;
902:19;
928:14
1.2
2
790:3;
791:11
1.3
iii
790:5
10
15
651:19;
687:13;
698:1;
785:11;
788:3,
20,
23;
789:5,
15;
856:20;
858:9;
922:1,
6,
7
10,000
1
858:8
100
31
660:7;
822:1,
21
10th
61
670:9,
15;
911:7;
922:1,
6
11
11
651:20;
676:24;
678:11;
679:4;
710:22;
711:7;
785:9,
24;
786:6;
842:14
110 Iii
714:9
112
2
819:13,
15
11th
~aj
675:11;
840:18;
931:7
12
6
651:20;
656:4;
802:19;
803:8;
804:13;
827:4
120
8
676:6;
715:12;
726:7,
21,
22;
727:17,
24;
728:3
129,500
1
906:6
12th
2
649:16;
917:21
13
61
722:23;
733:8;
736:16;
752:20,
23;
789:13
14
16
723:2;
725:13;
798:17;
804:20;
810:4;
820:19;
835:23;
841:21;
842:5,
6,
0,
15;
873:18;
885:8;
935:1;
964:8
149
11
871:19
14th
~
725:12;
800:20,
23
15
(10
656:4;
672:21;
674:2;
687:22;
723:5;
829:21,
23;
843:3;
856:20;
859:24
150
~
660:5;
667:3;
746:5
150,000
1
906:10
1500
tii
773:16
152
~ij
871:19
153
1
871:19
16
3
723:5;
779:1;
859:24
160
(1
679:17
16th
1)
798:19
17
1
723:2
17th
4
959:6,
14;
960:20;
965:20
18
121
669:20,
24;
697:17;
698:23;
712:13;
723:2;
853:21;
854:2;
856:3;
908:8,
9;
911:2
180
2
886:14;
935:15
13th
5
926:11;
933:17;
937:5,
13;
938:5
19
7
697:16;
723:5;
938:8,
12,
13;
939:13;
945:3
1980s
1
687:7
1981
1
762:7
1983
3
654:9;
691:1;
876:13
1984
1
924:7
1985
1
896:9
1986
15
687:13;
758:10;
759:11;
804:19,
21,
22;
805:24;
806:8,
20;
807:12,
13;
825:15;
882:12,
13;
953:13
1988
~
762:10;
786:21;
948:7
1989
3
651:22;
662:4;
896:10
1990
~
802:23;
805:15;
865:16
1991
7
761:8;
807:5,
9;
879:9;
882:15;
884:8,
22
1992
7
779:3;
840:18;
842:14;
846:4;
865:16;
897:11;
908:8
199257
11
897:9
1993
~n
717:21;
774:23;
785:14;
841:21;
842:5,
7,
9,
16
1994
(19
680:11;
717:21;
800:20;
807:19;
810:2;
835:23;
843:3;
878:18;
879:21;
881:17,
18;
882:14,
18;
884:5;
885:8;
905:6,
10,
14;
964:8
1995
32)
665:18;
690:17;
691:6,
18,
23;
693:16;
694:6;
696:3,
6,
18;
711:14,
18;
712:4;
713:13;
719:13;
731:10;
734:13;
735:7;
736:13;
777:14;
779:20;
791:2;
849:3;
850:2;
867:13;
924:17,
20;
929:7;
030:8;
931:6,
7;
935:5
1995-374
1)
870:11
1996
124
649:17;
670:11,
12,
15;
712:13;
733:9;
735:2;
759:11;
781:14;
785:6;
789:14;
798:19;
827:6,
21,
23;
853:21;
854:2;
870:12;
384:22;
926:11;
929:1;
945:4;
965:21
1996-087
1
703:24
1997
3
848:12;
937:5;
938:5
19th
13
948:16,
20,
22
1st
2
901:4,
5
-2-
2
121
704:5;
760:4;
789:11;
807:2;
809:12,
14;
827:9;
836:19,
20;
886:5;
901:7;
962:24
2,000
11
773:16
20
13
672:22;
726:13;
772:18,
19;
777:16;
779:6;
853:11;
858:9;
865:19;
888:11;
94 3:2 4
200
21
667:3;
824:14
200,000
3
906:3,
14,
17
21
2
777:12;
779:18
21st
(U
959:23
2200
1
650:15
23
1
665:18
24
41
684:9;
754:16;
960:18
24-hour
1
749:11
25
f4)
754:10,
14,
24;
250
1
715:11
26
4
736:17;
753:2;
13
26th
3
785:14;
950:3,
11
28
4
755:20,
23,
24;
779:3
28th
1
785:6
29
51
655:14;
839:5;
840:11;
845:19;
909:2
29th
2
799:16;
947:6
2nd
1
901:3
3
131
715:24;
716:21;
764:2;
768:21;
769:1;
790:3;
801:9;
808:20;
814:23;
872:21,
24;
873:9,
16
30
22
667:4;
670:24;
674:17;
675:16;
678:11;
679:4,
18;
681:24;
700:1,
11;
726:7;
746:5;
759:5;
767:1;
829:22;
858:10;
865:19;
888:11;
919:21;
924:9;
943:24;
960:12
30,000
1
853:11
30-year
1
829:24
300
(21
726:19;
760:4
30th
8)
777:13;
779:19;
799:16,
20;
909:2,
17;
921:11;
927:22
31
(~1
681:8;
733:16;
809:1;
829:5;
830:2,
6;
832:1
31st
1
905:7
32
(4
733:12,
13,
14;
756:11
33
5
733:13,
20;
756:9,
12,
13
35
7
692:15;
733:13;
785:4;
859:1;
918:11,
14,
23
36
2
723:5;
744:16
38
1
655:10
39
1
712:5
3rd
12
921:22;
959:15
4
16
651:14;
716:2,
5,
7,
16,
18;
801:12;
892:22,
23;
893:21;
902:17;
907:9;
960:10,
12,
13,
15
4,000
1
854:17
40
19)
655:14;
663:20;
664:16;
667:1,
4;
692:2,
16;
726:20,
22;
727:17;
728:4;
-1-
885:1
798:6;
823:2
754:2,
-3-
.1
21
825:2,
11
-0-
-4-
CAPITOL
REPORTING
SERVICE,
INC.
POLLUTION
CONTROL
BOARD
HEARING
12/12/90
745:20;
767:1;
819:13,
15;
859:21;
860:6;
864:8
40-hour
1)
762:24
400
17
663:12,
14;
700:17,
19;
736:2;
764:18;
902:18
41
1
964:6
45
(31
960:10,
13,
15
450
1
787:5
48
2
722:6,
15
49
1
655:14
4th
1
802:23
-5-
5
29
651:17;
656:14;
677:1,
3,
5;
698:13;
704:7,
8;
710:13,
14;
790:4;
795:19;
796:19;
804:15;
809:17;
810:5;
828:14;
840:4;
841:13,
20;
842:4;
843:2,
9;
908:24;
959:9;
960:1,
9,
17,
21
5,000
3
892:22,
23;
893:22
50
10
663:20;
664:17;
667:1;
670:24;
726:22;
727:17;
745:21;
786:13;
788:16;
922:6
500
2
650:4;
720:5
52
1
922:1
53
1
922:7
54
(11
922:7
55
61
610:10,
12;
671:12;
672:5;
674:10,
15;
698:5;
700:6
558,000
1
790:2
56
10
783:8,
23;
784:12,
24;
870:15,
16;
928:23;
931:4,
13,
21
57
(3
884:19;
885:6,
7
59
1
870:13
6
17
651:17;
658:6;
665:7;
670:10,
12,
24;
671:12;
672:5;
674:10,
15;
694:23;
698:5;
700:6;
779:1;
817:20;
904:1,
15
60
10
663:20;
667:1;
679:17;
692:2,
16;
771:21;
772:3;
774:6,
7;
822:24
600
1
649:17
607
1
650:9
620
~
930:14,
20;
931:3
623
1
911:12
62706
1)
650:5
63
1
902:12
64
1
900:6
653
(1
650:19
665
(ii
651:17
68
13
651:15;
860:18;
867:6;
869:21;
871:5;
873:1;
876:7;
877:13;
887:24;
889:18;
962:6,
23;
963:1
685
ii
651:18
687
1
651:18
688
1
650:20
69
~
651:15;
907:21;
908: 13
7
26
651:18;
670:13,
24;
674:11,
15,
16;
685:6;
687:3;
688:9,
10;
698:5;
700:7;
722:21;
777:5,
11;
779:6,
18;
785:1;
790:4;
800:18;
801:5;
804:15;
810:1;
879:7;
904:9
70
~
651:16;
771:21;
772:3;
927:2,
15;
928:11,
21
716
2
651:14
740,000
(21
789:21;
859:18
742
1)
650:20
75
3
788:16;
823:1;
947:1
758
~ij
650:21
760
3
650:22;
870:23;
87 1:2
765
1
870:10
770s
1
871:10
775
4
651:18;
873:19
776
iii
778
11
780
1
782
1
783
1
785
1
786
~‘j
788 ~
789
1
795
1
7th ~
960:1,
7,
8
24)
649:17;
651:18;
675:16;
698:12;
700:1,
24;
710:13,
14,
19;
722:21;
775:13;
776:1;
778:13,
14,
21,
23;
779:24;
780:7,
17,
19;
904:15;
940:22
8’s
1
780:9
80
1
945:17
800
(1
650:9
802
1
651:20
804
ii~
651:20
807
3
785:5;
933:13,
15
811
6
932:21,
23;
933:7,
8,
9,
14
811.319
1)
916:17
833
(1
650:23
860
1
651:15
877
11
651:15
88
1
864:2
886
11)
650:23
892
1
650:24
894
1
651:2
8th
2
827:20;
938:2
9
21
651:19;
660:2;
697:16,
700:1,
11;
701:2;
718:23;
722:23;
728:16,
20;
733:9;
778:17;
779:15,
23;
782:8,
22;
783:3;
929:1;
940:22
90
5
773:7;
794:9,
16;
799:7;
935:15
90—foot
2
705:15;
743:7
905
(1
651:3
907
1
651:15
908
2
651:4,
15
91-ch-242
2
896:22;
907:23
917
1
651:5
92
1
757:5
923
1)
651:6
927
1
651:16
928
(1
651:16
932
1
651:7
934
1
651:7
936
1
651:8
939
1
651:8
94—127
3
776:22;
777:17;
77 9: 12
940
~ii
651:10
948
1
651:10
95
(1
687:8
95-109
1
714:9
953
(1
651:12
955
1
651:12
958
1
651:13
96—107
2
649:7;
652:3
990
1
674:8
9th
(~
827:20,
23;
931:6;
937: 18
ability
U
772:14
able
27
669:12;
770:23;
794:24;
795:5,
6,
7,
11,
13,
16;
812:8,
9;
821:5,
15,
19;
823:7;
824:9;
826:15;
829:1;
845:15;
869:2;
873:12;
881:11;
889:8,
15;
901:16;
909:10;
921:8
above
8
664:17;
667:23;
722:22;
728:6;
752:10;
873:20;
9 18:5
absolutely
1
941:1
absorb
1
772:15
abuse
1
665:15
accept
(71
678:7,
10;
689:15;
794:1;
920:23;
935:14;
961: 10
acceptable
3
788:19;
902:23;
926:7
accepted
(4
776:24;
777:17;
951:10;
961:21
accepting
3
oosu,
15;
923:1
access
(41
717:1;
753:9;
963:14,
23
accommodate
1
816:18
accompanied
1
827:7
accompany
11
801:1
accordance
(41
785:4;
930:20;
933:14;
938:3
according
7
716:13;
721:7;
723:7;
843:10,
18;
845:18;
858:24
accumulate
(U
718:18
accumulated
31
663:18;
693:2;
731:9
accumulates
(1
729:9
accumulating
(4
730:15;
731:15,
19;
752:2
accuracy
11
893:16
accurate
23
718:6;
775:21;
782:17;
785:20;
788:20;
796:15;
836:2;
841:1;
853:24;
860:24;
869:22;
879:9;
881:24;
890:15,
16;
892:16,
17,
18;
893:18,
19,
24;
894:1;
9 14:5
accurately
(11
883:4
accusations
1
378:7
achieve
2
819:13;
869:9
acknowledge
2
779:4;
942:4
acquiesced
1
920:18
acre
~
765:13;
773:5;
787:5;
860:6
acres
6
772:18,
19;
859:19,
22;
865:19,
21
across
(144
657:18;
660:20;
662:6;
664:18;
731:1;
746:23;
765:15;
766:17,
24;
767:5;
769:10;
889:16;
955:2,
17
act
2
775:3;
928:11
acted
2
807:6;
931:21
acting
U
944:21
action
6
842:23;
905:21;
926:15;
927:7;
928:13;
965:14
actions
3
838:6;
844:21;
935:24
active
22
663:21;
666:22;
669:18;
700:14;
702:21;
703:6;
704:11;
715:19,
20;
724:5,
14;
725:6;
810:20;
811:7,
8,
10;
817:24;
816:21,
24;
819:7;
820:11;
859:23
actively
5
~sss,
10;
-7-
-9-
87 1:11;
871:12
87 1: 12
651: 18
651: 19
651: 19
651:20
65 1:20
651: 19
651:19
65 1: 17
827:6;
959:18;
16
-6-
-8-
-A-
CAPITOL
REPORTING
SERVCE,
~C.
POLL.UTtON
CONTROL
BOARtJ
HEARING
12/12/96
826:1;
831:10;
879:15
activities
15
657:5;
659:2;
668:23;
670:17;
790:15;
795:12;
798:1;
808:13;
819:23;
820:10;
843:22;
844:13;
848:20;
857:15,
21
activity
4
686:20;
779:6;
784:18;
847:7
actual
3
676:3;
697:11;
698: 18
actually
(31
652:6;
658:3;
681:23;
688:6;
713:4;
725:21;
726:12,
15;
727:24;
728:1;
732:12;
735:18;
751:5;
753:19;
754:13;
771:10;
784:6;
794:23;
801:4;
805:21;
841:15;
851:2;
856:1;
891:1;
900:20;
936:10;
944:17;
946:8;
952:13;
959:14
adams
(1
650:9
adc
3
700:18;
701:4,
6
add
5
810:13;
817:9,
11;
864:23;
889:15
added
6
788:17;
789:20;
816:21;
817:5,
20;
825:17
addition
(1
938:4
additional
18
782:3;
784:12,
13,
17;
787:7;
790:17;
816:21;
817:5,
9;
826:15;
853:13;
854:4;
863:20;
897:21;
906:23;
907:17;
910:24;
9 16:15
address
(14
682:14;
781:15;
838:6,
15;
887:3;
914:8,
10;
915:19;
916:21,
22;
924:19;
925:14;
926:14;
928:7
addressed
5
784:19;
863:13,
15;
918:13;
933:20
addresses
1
914:9
addressing
1
781:21
adequacy
(U
933:6
adequate
4
781:22;
837:19;
863:12;
868:3
adequately
1
916:22
adjust
2
682:4;
891:9
adjustments
1
837:12
administration
1
654:13
administrative
2
785:4;
859:1
admission
1
785:23
adnut
5
666:16;
7 16:6;
768:24;
876:7;
877:11
admitted
25
651:14;
686:23;
687:2,
4;
688:14;
715:23;
716:17,
18;
780:14,
17,
20;
783:2,
4;
786:5,
7;
739:4,
6;
804:11,
14;
877:13;
878:3;
908:12,
13;
928:21,
23
admittedly
1
882:11
adopted
1
797:18
advantageous
2
661:4;
839: 15
advice
11
939:4
aerial
15
861:3;
872:12,
22;
873:10;
874:8;
889:20,
24;
890:1,
4,
13;
892:20,
24;
893:17,
22;
894:3
affiliated
1
965:5
affirmed
1
906:16
afford
1
902:8
afforded
1
821:17
aforesaid
1
965:10
afraid
1
955:5
~
fl
909:19
ag’s
1
911:7
agency
75
650:15;
680:19;
681:15;
683:6;
684:4,
12;
703:21;
711:14;
712:1,
10,
16;
713:3,
10,
12;
714:12;
728:16,
23;
747:21;
751:14;
775:3,
6;
776:12,
13;
780:22;
781:7,
10,
19;
782:1,
4,
15,
18;
783:19;
784:5,
7,
17;
797:6,
10;
798:8;
803:20;
807:1,
6,
18,
19,
22;
829:9;
842:19;
851:6;
853:17;
859:8;
868:4;
875:9;
886:18,
21;
902:24;
903:22;
909:10,
19;
910:21;
911:2;
919:12,
19;
924:6;
925:19;
926:7,
15;
927:1,
22;
928:10,
24;
930:10;
931:5,
7,
12,
21;
933:23
agency’s
1
682:5
ago
(11
661:19;
683:11;
684:1;
689:12;
709:13;
860:11,
14;
861:6;
876:21;
890:7
agree
32
693:5,
15;
707:6;
723:9;
728:22;
733:18;
734:1,
3,
6;
738:23;
759:17;
784:4;
842:12,
13;
845:1,
21;
846:2;
853:2;
856:1;
861:12;
866:7;
869:22;
87
1:2,
21;
879:10,
19,
21;
906:9,
13;
911:13;
931:23;
932:22
agreeable
1
930:17
agreed
(7
747:1;
748:1;
831:13;
930:19;
959:15,
23;
963: 16
agreement
6
682:17,
19;
829:13;
925:6;
944:6
agrees
1
944:24
agricultural
2
765:1;
769: 16
ahead
32
652:4;
653:2,
10;
659:1;
686:22;
687:24;
702:16;
714:17;
718:16;
721:22;
761:1;
768:11, 24;
769:6;
770:12;
771:4;
775:24;
780:16;
782:21;
796:18;
803:7;
818:17;
821:16;
827:17;
858:5;
872:4;
894:18;
900:6;
902:13;
951:6,
17;
952:4
air
(13
679:7;
684:12;
744:23;
792:8,
11,
15,
16;
793:2;
798:8;
847:15;
872:8;
956:8
albeit
1
780:5
aliquot
4
822:1;
6
aliquots
4
822:1;
880:22,
23,
24
allegation
14
777:12;
779:1,
18;
876:16
allegations
4
776:18;
777:1,
4;
780:11
allege
1
892:24
alleges
1
779:2
allow
11
778:8;
791:6;
813:9;
819:1;
830:19;
903:1;
913:10,
12;
923:5;
925:22;
928: 19
allowed
5
718:20;
813:2;
832:6;
842:8;
909:18
allowing
2
928:3;
932:16
allows
11
661:7
almost
(2
686:1;
877:1
already
16
656:13;
753:1;
772:13;
776:12,
13;
804:7;
826:6;
832:11;
852:20;
863:14;
870:12;
907:24;
910:4;
923:7;
927:24;
952:17
alternate
1
700:18
alternative
1
900:16
alternatives
1
918:7
although
1
718:10
ambrose
1
654:14
amended
1
907:22
amount
15
664:21;
749:14;
751:9;
755:13;
774:8;
812:2;
824:18;
853:8;
880:21;
881:5,
9,
11,
23;
891:19;
963:17
amounts
2
791:9;
881: 19
amy
4
650:3;
912:24;
913:1,
4
anaerobic
2
787:13,
19
analyses
(2
884:14;
885:11
analysis
7
749:11;
758:22;
885:12
analytical
8
686:2,
3;
689:8;
760:1,
3;
806:16;
828:23;
884:7
analyze
1
686:1
analyzed
2
686:10;
721:7
andalusia
6
763:17;
766:9;
773:3;
927:6;
941:3
andrew
1
921:21
angle
1
673:12
animals
1
773:17
annual
11
897:22
annually
1
931:16
another
29
652:16;
656:10;
675:18;
678:6;
680:4;
691:21;
699:23,
24;
713:4;
731:22;
748:2,
15;
770:16;
781:16;
791:7;
807:5;
815:17;
832:9,
21;
870:6;
888:18, 21;
889:15;
892:4;
894:11;
912:20;
918:23;
922:17;
923:9
answer
3
6~3i~~
709:16;
942:1
antenna
1
676:6
anticipate
11
692:12
anticipated
1
868:10
anticipating
1
652:17
antifreeze
1
819:21
antifreezes
1
840:1
apart
(1
961:5
apparent
(2
801:10;
827: 10
apparently
(6
801:19;
802:8;
805:5;
876:12;
920:13;
944:21
appeal
8
713:17,
21;
776:14,
16;
783:24;
918:7;
920:11;
929:4
appealed
(1
784:2
appeals
3
714:6,
13;
935:19
appear
13
754:7;
930:17,
21
appearances
1
650:1
appeared
1
744:9
appears
(51
733:23;
734:5;
736:19;
753:5;
928:24
applicable
2
916:3;
925:23
application
71
707:4;
713:15;
721:17;
774:17;
775:10,
11;
781:8,
15,
24;
783:6,
14;
784:19;
785:15;
788:5,
9,
12,
16,
18;
789:16;
790:1,
2;
797:8;
807:3,
5,
8,
16;
808:18;
816:12;
831:9;
849:5;
854:3,
7,
19;
855:17;
859:17;
900:17,
24;
901:17;
902:6;
917:1,
2,
10;
918:8,
9;
919:16;
925:8,
10,
12,
17,
24;
926:2,
9,
17,
18,
23;
927:5;
931:5,
8;
933:2,
12,
13;
934:1,
3,
10,
12,
14,
17;
935:9,
14;
937:1
applications
3
687:7;
761:22;
854:23
applied
11
728:21;
749:2;
762:2;
808:19;
818:13;
831:11;
862:11;
865:4,
11,
17;
866:18
applies
11
960:2
apply
14
661:8;
842:1;
847:24;
863:20
appointed
(1
649:19
approach
2
792:4;
935: 10
approached
(2
792:2,
5
870:7;
881:1,
5,
685:8;
689:5;
759:2;
809:12;
CAPITOL
REPORTiNG
SERVICE,
INC.
POLLUTION
CONTROL
BOARD
HEARING
approaching
2)
937:6;
938:6
appropriate
(2
922:23;
961:4
approve
1
813:13
approved
5
saiio~
853:18;
859:18;
903:17;
937:7
approximately
26
660:5,
7;
664:2;
666:21;
667:3;
670:23;
676:8;
677:1;
698:5;
715:11;
717:10;
719:12;
731:9;
761:9;
763:18;
764:18;
767:1;
772:19;
773:15;
786:13;
792:14;
824:14;
895:18;
902:18;
906:10;
946:3
april
10
777:13;
779:19;
785:14;
798:19;
884:22;
946:11;
949:17,
22;
950:2,
10
aquatic
(1
774:13
area
(168
657:16,
17;
660:1,
3,
8,
11,
16,
19;
661:2,
18,
19,
21;
663:13,
21;
664:1,
2,
17,
19,
20;
666:20,
22;
667:3,
6,
9,
11;
668:2;
669:11,
18;
673:23;
674:17;
678:6;
679:12,
15,
20,
23;
680:4;
685:13,
22;
690:21;
700:14;
702:23;
703:6;
704:11;
712:23;
714:21,
23;
715:3,
8,
9,
19,
20;
717:12,
18,
21;
718:5;
719:8;
720:9;
721:11;
722:17,
19,
22;
724:5,
14;
725:7;
726:3,
5,
10,
13,
17;
727:2,
12,
13,
14,
20;
728:10,
11,
19,
22,
24;
729:1,
5,
10;
730:2,
10,
11,
12,
19,
22,
24;
731:13,
20;
732:22;
734:19;
746:4,
9;
748:17;
749:19;
751:3;
752:3;
754:7,
9;
755:8,
9;
764:10,
13,
16;
765:14,
17;
767:18,
19,
20;
768:9;
769:10;
770:3,
4;
772:15;
773:4;
787:6;
811:8,
10,
17,
18;
816:23;
818:21,
24;
819:5,
7,
12;
835:1;
849:24;
860:6,
7,
14;
861:19;
862:11,
21;
863:15,
18,
20,
23;
864:2,
20,
22;
865:4,
7,
10,
17;
871:9,
17,
19;
873:17;
874:11,
19;
880:8;
888:17,
18,
21;
890:3,
18;
897:20;
902:19;
915:1
areas
37
655:11;
659:5;
661:16;
668:5;
731:5;
765:11;
767:3;
793:24;
794:7,
9;
810:9,
19;
818:4;
860:1,
3,
4,
9;
862:22;
863:11,
13;
864:22;
865:8,
9;
866:2,
4,
5,
9,
18,
19;
869:24;
874:8;
890:9;
892:2,
3;
893:15
argue
1
778:9
argued
1
814:14
argument
6
698:13;
728:2;
780:14;
921:3;
936:14;
961: 17
argumentative
1
705:4
arguments
2
922:13,
24
army
1
762:16
around
42
657:22;
660:10;
663:3;
675:16;
676:24;
677:5;
700:1;
717:5;
718:5,
9;
721:15;
723:4;
729:19;
730:2,
18;
737:23;
744:17;
745:10;
748:21;
752:9;
753:9,
17;
763:24;
764:7,
8,
10;
769:13;
771:8;
773:18;
816:22;
817:5;
822:23;
838:22;
844:7;
863:16;
871:9;
880:18;
891:4;
897:19;
922:9;
940:22
arrangement
1)
925:6
arrive
1
746:12
arrived
2
675:14,
15
asa
(1
744:6
asi
e
(3
850:16;
866:13;
876:1
aspects
1
704:2
assertion
1
928:9
assessment
29
783:12,
15,
20;
784:5,
9;
830:22;
831:2;
915:3,
9,
17,
20,
22,
23;
916:2,
5,
14,
15,
16,
19;
929:8,
16,
23;
930:8,
11,
18;
931:9,
22;
932:1
assist
9
689:1;
722:9;
851:24;
867:8;
921:13;
924:22;
932:22;
933:7;
934:5
assistant
1
650:13
assistants
1
650:3
assisted
1
857:14
assisting
1
932:18
associated
6
784:17;
857:8,
16,
21;
918:10;
965:11
assume
20
693:4;
694:14;
696:9;
700:6;
713:24;
725:17;
729:3,
8,
15,
24;
759:12;
803:19,
21;
833:13;
840:15;
841:2;
848:14;
855:13;
894:1;
922:5
assumed
3
696:7;
737:3;
868:15
assuming
1
956:6
assumption
3
654:18;
725:19;
869:6
assumptions
1
697:12
assurance
4
790:12,
23;
791:11;
858:21
assured
(1
941:13
atc
1
956:1
ate
(1
677:1
attached
2
676:5;
842:3
attachment
3
842:2;
856:3;
931:24
attempt
10
694:1;
732:1;
877:18;
914:15;
920:12;
925:14;
928:2,
6,
8;
933:11
attempted
2
930:23;
938:24
attempting
2
722:5;
929: 11
attempts
2
790:22;
901:10
attend
12
762:22;
829:4
attendance
1
925:19
attended
(2
681:10;
829:5
attention
9
691:16;
803:1;
828:18;
841:19;
871:8;
902:16;
903:24;
945:3;
956:24
attorney
18
650:3,
8;
665:8,
16,
20;
666:15;
712:9;
830:11;
843:7;
911:14;
923:5;
930:5;
936:8;
951:11;
952:19;
960:8,
19;
961:9
attorneys
1
965:12
attraction
1
723:20
attributable
(3
729:10;
899:4;
957:3
attribute
1)
881:20
attributed
1
757:3
august
18
665:18;
711:14,
24;
713:13;
744:2;
747:22;
829:8;
852:11;
897:11;
924:16;
929:6;
935:2;
937:18,
20;
948:13,
22;
953:13;
957:1
author
4
‘i~zi~,
20,
23;
723:3
authority
2
882:9;
93 1: 13
avail
1
920:10
available
4
887:2;
904:2,
6;
914:3
availed
(1
921:14
avenue
1
813:14
avenues
1
813:15
average
3)
828:16,
21;
829:2
averaged
2
828:15,
17
avoid
1
936:3
awarded
(1
867:13
aware
29
668:13;
675:4;
689:8;
690:16;
691:8;
692:1;
706:4,
5;
708:18;
711:12;
712:3;
723:17,
23;
735:10;
766:20;
781:14;
805:24;
829:3;
836:3,
6;
839:22;
871:24;
874:4;
883:18;
886:22;
911:4;
916:24;
933:16;
955:13
away
19
666:6,
8;
667:17;
694:1;
731:7;
732:1,
3,
9;
741:7;
757:13;
766:1;
810:20,
22;
811:10;
812:4;
820:3;
867:5;
891:3;
892:3
awful
2
692:7;
734:20
bachelors
(1
896:9
back
(71
652:1;
662:21,
24;
664:1;
665:17;
666:8;
667:6,
22;
670:5;
677:3,
4,
6;
687:7;
688:4,
19;
692:10,
21;
694:13,
15,
20;
696:21,
22;
701:4,
5,
6;
702:5,
14,
15;
709:13;
727:24;
728:1;
731:1,
22;
745:19;
747:22;
756:9;
778:22;
781:20;
786:17;
788:16,
18;
791:17;
792:13;
804:15;
817:4;
823:17;
826:9,
14;
833:3,
8;
835:11;
840:16;
853:17;
861:5;
869:16;
878:3;
880:12;
901:17;
907:12;
910:18;
924:16;
926:19;
929:6;
930:3;
932:15;
941:5;
943:17;
945:10;
959:3;
964:12
backdoor
2
928:2,
6
backed
1
662:7
backed-up
1
736:21
backfill
2
743:10;
820:3
backfilled
13
7üiii8
background
9)
654:11;
669:5,
6;
762:6;
849:21,
23;
896:5;
898:9;
915:12
backhoe
(2
949:14,
15
bad
7
665:3;
707:14;
710:4;
748:21;
844:20;
947:22;
957:23
balance
1
854:17
bale
1)
811:20
bales
2
811:12,
13
balls
(1
770:17
bank
1
791:9
banks
1
695:10
bare
(1
887:20
barrier
2
897:16;
898:9
base
1
961:14
based
17)
697:12;
700:7;
736:7;
795:22;
803:17;
835:1;
848:16;
873:9;
914:2,
20;
915:11;
917:11,
18;
918:22;
919:14;
944:9;
953:22
baseline
(21
890:24;
893:20
basically
36
669:13;
728:5;
730:1.8,
21;
731:3;
751:4;
753:11;
764:5,
21;
769:8;
790:5;
793:1,
5;
802:10;
806:14;
812:21;
813:17;
819:16;
822:19;
826:1;
837:9;
854:7;
866:1;
868:2;
897:14;
898:5,
10,
22;
899:19;
902:4,
9;
904:20;
910:8;
918:16;
933:8;
955:6
basin
4
77 1:3;
8 10:22;
835:2,
18
basis
8
680:15;
820:8;
849:21;
875:15;
897:22;
916:14;
926:17;
927:21
bearing
(1
856:16
beat
11
817:10
12/12/96
-B-
CAPITOL
REPORTING
SERVICE,
INC.
POLLUTION
CONTROL
BOARD
HEARNG
12/12/cxs
become
1
655:6
becoming
(2
739:2,
9
began
1
896:1
begin
(51
745:8;
775:9;
848:14,
17;
879:23
beginning
10
667:14;
720:10,
16;
722:11;
801:6;
824:23;
833:4;
850:13;
881:2;
90 1:7
behalf
8
650:6,
11;
788:13;
847:1;
925:19;
944:21;
945:14,
15
behind
(41
663:10,
19;
689:7;
694:7
belief
(21
823:23;
825:2
believe
66
657:22;
663:3;
665:13;
667:17;
672:4;
675:11;
680:11;
681:7,
13,
16;
683:12;
685:10;
686:6;
687:9,
14;
689:24;
691:4;
697:15;
711:14;
712:14,
21;
713:9;
715:12,
23;
719:6;
720:12;
721:16;
726:7;
735:9,
10;
743:8;
745:9;
748:6,
10,
13;
751:20;
752:11;
757:10;
769:3;
779:22;
781:12;
799:20;
803:23;
829:4;
830:2;
839:5;
846:24;
848:10;
870:13;
887:9;
891:11;
897:11;
905:14;
906:18;
907:24;
908:16;
909:16;
913:20;
915:2;
928:20;
933:21;
936:23;
937:19;
939:15;
949:14;
954:22
beling
12
685:23,
24;
686:8,
10;
721:6;
758:7,
21;
759:2,
20;
883:24;
884:11;
885:11
below
1
665:2
bench
2
673:14,
20
bentonite
1
902:21
berm
6
657:18;
662:6;
766:24;
811:9,
11;
833:14
bermed
1
730:18
berms
8
767:19;
810:20,
21,
24;
811:2;
813:18;
818:23;
892:2
best
9
688:20;
716:19;
737:4;
749:21;
775:23;
821:11;
873:24;
904:2,
6
better
(8
717:23;
737:23;
754:13;
770:18;
776:15;
815:6;
922:13;
942:1
between
(18
666:12;
678:11;
696:8;
697:6;
700:6;
703:3;
711:10;
747:14,
18;
793:20;
849:8;
854:2;
869:5;
891:10;
913:3;
935:23;
944:6;
948:22
beyond
41
876:15;
898:8;
920:16;
935:1
biennial
I
875:15
big
12
660:9;
662:20;
702:10;
709:5,
6;
720:1;
728:16;
744:15;
780:8;
812:3;
825:6;
943:4
bigger
(2
726:11;
77 1:5
bi
st
1
663:16
bi
ed
1
865:24
bills
1
852:23
biology
(2
896:12,
13
bit
10
654:22;
713:8;
746:2;
747:18;
762:5;
820:9;
822:3;
849:9;
852:15;
957:10
blew
1
723:19
block
(2
817:1,
3
blow
31
741:6,
14,
15
blue
71
663:24;
664:9;
667:5,
7,
16;
888:16,
24
bluft(1
763:14
board
35
649:1;
713:22;
714:5,
15;
769:2;
770:22;
776:14,
24;
777:16;
778:6;
779:9;
780:4;
815:6;
878:13;
913:15;
916:18;
920:21,
22;
922:14,
24;
929:4;
935:4,
18;
951:13;
952:3;
959:7,
11;
960:22;
961:10,
12,
22,
24;
962:1;
963:4
board’s
(1
962:14
boarding
(1
764:6
bone
1
842:18
book
51
950:1,
6,
12,
13,
14
border
1
766:6
bore
1
857:22
borings
9
864:4,
5;
865:2;
867:8,
11;
868:1,
8,
11,
18
borne
3
857:10,
13;
858:2 1
borrow
3
667:9;
815:3;
817: 16
both
18
656:23;
696:23;
716:3;
727:4;
768:21,
22,
24;
769:1;
801:15;
815:20;
845:20;
889:21;
895:9;
912:24;
942:6;
943:14;
952:6;
962:10
bottles
3
822:4,
9;
824:9
bottom
26
658:23;
705:14,
22;
718:10,
18;
723:2,
8,
14,
15,
18;
725:5;
727:3,
4,
16,
21;
729:4,
10,
16;
730:16;
736:9;
746:3;
753:13;
771:22;
772:1;
847:12;
873:4
bought
1
750:19
boundaries
II
876:16
boundary
7
660:6,
8;
696:8;
697:6;
764:19;
773:13;
943 :23
bows
1
677:2
box
14
671:14,
17,
20;
676:1;
700:13;
701:17;
702:3,
5,
6,
15,
19;
703:8,
10,
11
boxes
I
705:10
brand
1
664:10
brao
6
864:5;
865:3;
867:7;
868:6;
877:10,
23
brao’s
(2
868:20;
877:7
break
4
721:23;
787:20;
833:1;
907:9
breakdown
11
949:13
breaking
1
787:16
brief
13
687:19;
892:10;
896:5;
959:6,
17,
23;
960:3,
6,
20;
96 1:20;
962:3,
13
briefing
5
952:6;
959:5;
962:11;
963:18,
19
briefly
3
710:16;
915:1;
916:8
briefs
3
959:1;
962:7,
11
bring
(11
700:24;
709:6;
717:18;
814:18;
864:21;
877:
17;
893:2;
920:21;
933:7;
950: 16
bringing
3
717:17;
791:13;
932:22
brings
11
67 1:16
broke
2
676:1,
17
brought
151
662:3;
663:23;
664:1,
9,
16;
691:16;
692:10;
709:5;
725:15;
747:6;
749:18;
757:9;
828:18;
830:13
brown
1
888:17
bucket
5
676:7;
701:18,
20,
21;
736:2
bucket’s
1
676:5
bucks
1
760:4
buffalo
1
791:4
build
3
676:15;
812:20;
8 16: 24
building
6
679:16,
18;
715:12;
717:5;
820:5;
960:10
buildup
1
691:14
built
61
664:13;
732:3,
17;
733:3,
10;
946:6
bulldozer
(1
700:20
burden
3
858:20,
21;
868:4
bureau
3
650:2,
4;
924:3
burial
1
889:5
bush
(2
865:18;
866:13
business
8
654:13;
682:15;
686:20;
762:10;
896:12;
927:10,
12;
928:12
busy
21
703:1,
4
butts
1
727:17
cable
(2
675:24;
676:10
cada
n
2
841:23;
842:4
calcu ate
1
720:16
calculations
13
835:1;
854:12;
859:11
call
44
652:4;
653:2,
4;
657:17;
662:7;
663:20;
664:3;
683:17;
685:14;
687:23;
696:23;
701:19;
709:9,
12;
712:16;
714:21;
732:8;
787:21;
739:21;
740:6,
13,
16;
754:4;
760:17;
806:5;
869:16;
907:18,
20;
909:20;
912:7,
12,
23;
915:16;
917:1;
921:7;
923:9;
939:3,
20;
940:18;
941:5;
951:3;
957:11,
22
called
36
653:6;
656:2;
673:14,
20;
674:7;
675:24;
683:14;
702:4;
715:6;
732:6,
7;
737:11;
738:8;
739:20;
750:11;
760:21;
762:18;
772:8;
792:8,
15;
807:24;
836:14;
869:14;
894:14;
897:9;
904:4;
908:21;
921:11;
928:20;
928:8;
940:2,
22;
949:14;
953:4
calling
(5
805:11;
909:7;
912:24;
922:20,
21
calls
61
678:18;
709:17,
23;
738:24;
739:6,
15
caine
20
677:3;
692:11;
700:23;
7
18:9;
720:2,
3;
730:19;
776:23;
807:17;
813:6;
815:20;
816:1,
12;
877:5,
6,
10;
909:18;
922:6;
934:10;
955:2
camera
1
890:20
cannot
3
672:23;
816:24;
937:18
cap
(11
810:8
capability
1
772:14
capitol
(11
965:5
captioned
I
896:22
carbon
2
787:15,
20
carbondale
(1
924:13
cards
1
711:2
care
16
653:20;
667:16;
668:1;
728:18;
739:24;
775:17;
782:10;
784:18;
785:3;
790:5;
829:13,
21;
859:5,
15;
960:4;
964:15
career
1
832:15
carry
11
671:20
case
18
683:20;
758:9;
779:12;
799:17;
829:6;
831:20;
850:14;
868:12,
23;
876:18;
877:16;
891:1;
897:4;
907:22;
915:2;
928:20;
954:11;
962:15
cash
1
791:9
casing
5
743:5;
954:3,
6,
7
casings
2
941:23;
954:3
catch-22
1
866:12
catlin
1
921:21
caught
3
811:9;
941:10;
942:3
cause
4
842:8,
15;
951:14;
964:20
caused
1
866:11
caution
(1
936:2
ceased
2
905:11,
15
center
6
754:1,
2;
811:6;
1,
-C-
CAPITOL
REPORTING
SERVICE,
INC.
POLLUTION
CONTROL
BOARD
HEARING
12/12/96
820:6;
871:15
central
2
685:14;
847:17
cercla
1
655:15
certain
(181
793:7;
794:18;
815:1;
827:21;
828:15;
830:5,
14;
845:15;
849:2,
12;
850:23;
869:8,
9;
884:10;
921:8;
928:7;
942: 16
certainly
6
708:7,
10;
827:23;
831:20;
911:10;
921.3
certificate
1
965:4
certification
11
665:3,
21;
682:22;
683:3;
688:22;
689:1;
794:13,
17;
860:22;
903:8,
16
certified
7)
654:24;
665:6;
656:11;
794:12;
795:9;
895:4;
965:17
certif~r
4
795:14,
17;
965:6,
11
cetera
21
902:19
cii’
7
655:14;
819:13,
15;
825:13,
16
ch2m-hill
(28
680:24;
681:12,
15;
712:21;
716:6,
10;
781:3;
799:2;
809:6;
813:6;
836:21,
24;
837:6;
849:8,
11;
850:7,
13,
19;
851:17;
852:2,
16,
21,
24;
853:5,
12;
854:14;
855:6;
933:17
ch2m-hill’s
1
681:14
chain
2
754:3;
827:21
chair
(13
947:17
chance
3
705:24;
734:20;
812:4
change
(9
771:20;
823:14;
837:12;
901:18;
936:22;
937:3;
947:24;
948:5,
6
changed
10
682:24;
822:6;
828:8;
854:10;
895:22,
24;
926:7;
937:11,
22;
938:20
changes
8
679:7,
8;
799:6;
837:12;
870:1;
890:22;
948:8,
10
changing
(11
820:4
channel
3)
815:13;
816:3
channels
1
816:9
characterized
11
914:18
charge
4
759:24;
760:1,
3;
884:17
charged
1
857:16
charles
1)
650:8
charlie
11
714:8;
777:4;
803:15;
836:18;
855:20;
878:11;
912:14,
24;
913:11;
922:8;
963:7
cheapest
1
890:2
check
7
741:12;
742:7;
748:10;
840:16;
860:22;
913:8;
94 1:4
checking
1
913:9
chemicals
1
839:24
chemistry
1
689:7
chenoweth
(15
725:16;
740:23;
756:2,
19;
822:20;
823:3;
826:4;
837:22;
838:3,
12;
844:3,
6,
18;
845:4,
13
chenoweth’s
2
844:15;
84 5:7
chicago
1
959:10
chief
1
650:2
chips
(8
814:12,
13,
14,
18;
817:23;
818:8,
11,
14
chishohn
1
652:10
chmm
4
654:23;
655:1;
656:11;
688:22
chose
(1
963:3
chuck
1
685:15
churchill
1
650:15
circle
110
769:8,
15;
770:2,
12,
20,
23;
771:1,
4,
5;
863:24
circles
3
861:15;
864:4;
87 1: 18
circuit
41
795:22, 24;
840:13;
841:23
cited
4
802:15;
814:13;
818:5,
12
citizen
7
709:9;
737:11;
738:2;
741:24;
745:17;
752:12,
16
citizens
21
709:18,
23
civil
1
762:8
claim
2
741:11;
920:18
claimant
(2
649:6;
650:6
clarify
21
822:6;
885:15
class
5
914:5,
16,
23;
919:2,
6
classes
1
656:6
classification
4
914:8,
12,
19,
22
classified
2
914:4;
919:5
classifSr
1)
849:23
clay
6
664:9;
667:6,
16;
888:16,
17,
24
clays
2
663:24;
667:7
clean
91
714:20;
717:17;
719:9;
946:21;
948:17, 21;
949:5,
22;
950:5
cleaned
14
662:21,
22;
663:13,
17;
729:21;
735:9,
10,
12,
15,
17;
820:8;
945:6;
946:4,
5
cleaning
21
735:22;
948:16
clear
11
667:1;
717:8;
779:9;
780:11;
804:6;
912:4;
913:12;
951:9;
959:8;
962:23
cleared
2
677:4;
806:2
clearly
4
665:14;
755:3;
854:22;
913:4
clerk’s
2
901:6;
963:15
close
8
671:17;
679:19;
692:11;
746:7;
747:1;
889:4;
893:13;
912:8
closed
4j
685:13;
794:10;
813:7;
901:6
closely
11
821:14
closure
25
762:1;
775:16;
777:2,
7;
782:10;
784:18;
785:3,
15,
16;
790:5,
17;
829:13,
16;
830:21;
855:2,
9,
16;
856:4,
8,
9;
859:5,
15;
887:14;
901:9;
905:7
clustered
1
746:22
co2
1
786:14
cochran
1
650:7
code
6
655:13;
785:4;
806:10,
17;
825:1.3;
859:1
collect
141
8 13:8;
82 1:3,
16,
19,
24;
822:2,
5,
16;
823:8,
10;
824:19;
826:13,
14;
850:21
collected
16
824:16;
827:14,
19,
24;
851:1,
8
collecting
5
801:24;
821:22;
823:4;
824:18;
883:17
collection
3
~
848:21;
852:14
collectively
1
930:6
college
3
654:12;
762:6;
896:7
combination
1
663:24
combine
1)
892:6
come
29
667:8;
673:5;
684:19;
693:7;
702:14;
716:8;
721:9;
730:1,
23;
731:5;
753:17;
783:17;
791:7,
22;
803:1;
808:9,
12;
810:14;
815:17;
825:11;
865:18;
866:14;
869:5;
923:15;
924:23;
925:6;
943:16;
946:15;
956:22
comes
19
659:3,
17;
676:4,
9;
701:14,
15,
18;
717:4;
728:5;
729:6;
730:24;
731:1;
768:2,
6;
769:12;
770:6,
10;
834:1;
946:8
coming
14
661:16;
675:17;
707:14;
708:3,
13;
710:4;
767:3,
4;
817:1;
897:3;
946:7;
958:2;
959:16
commenced
2
957:8,
9
comment
2
677:11;
84 3:7
comments
1
788:17
commercial
1
905:11
commitment
1
928:10
commodity
1
814:16
common
4
678:13;
706:7,
8;
889:2
commonly
2
711:5
communicated
1
844:2
communicating
1
869: 15
communication
2
938:22;
956:1.3
communications
1
7 13:3
compacted
1
869:8
companies
6
787:2;
791:24;
792:10;
870:5;
906:2,
5
company
23)
653:23;
672:17;
677:7;
689:13,
19;
707:3;
708:21;
791:4;
792:1,
7,
15;
822:23;
852:6;
857:16;
870:6;
889:19,
23;
893:23;
924:16;
926:11,
21;
929:8
comparison
2
747:16;
9 15: 11
competency
2
655:3;
656:3
complain
1)
957:11
complained
2
757:16,
20
complaining
1
709:18
complaint
(28
709:10;
712:3,
6;
737:11;
738:4,
8;
739:21,
22,
23;
741:15,
23,
24;
742:2;
752:12,
16;
757:1,
18,
22;
776:19;
777:5;
779:5,
11;
780:4,
11;
876:17;
878:9;
907:22;
935:3
complaints
11
709:24;
737:6,
14,
17;
738:2,
17;
739:22;
745:17;
756:21;
757:1;
76 1:20
complete
14
656:1;
704:19;
745:12;
781:24;
794:18;
799:8;
848:19;
853:17;
891:3;
918:4,
19;
919:17,
18;
951:15
completed
7
654:23;
743:18;
794:15;
798:2;
848:23;
850:9;
868:11
completely
61
663:13,
17;
721:15;
796:10;
887:21;
946: 14
completeness
8
775:5,
8;
918:15,
16;
919:19,
21,
24;
928:18
completion
1
848:16
compliance
7
705:8;
741:10;
819:13;
895:14;
897:3;
905:22;
924:23
complied
6
669:3;
703:18;
830:15;
831:7,
16;
904:11
comply
15)
705:2;
809:21;
814:23;
820:23;
823:12;
839:3;
893:7;
902:20;
903:9,
10;
904:3,
17;
920:12;
925:15;
932:2 1
complying
3
654:3;
799:8;
924:23
comport
21
935:6;
936:19
composite
13
759:18,
21,
22;
760:1;
821:5,
22;
826:16;
827:13,
15,
18,
24;
CAPITOL
REPORTING
SERVICE,
INC.
POLLUTION
CONTROL
BOARD
HEARING
12/12/96
828:2;
881:1
composited
21
721:6;
759: 19
composites
1
821:19
compositing
141
821:4,
22;
823:5;
824:22
compound
1
847:22
compounds
(2
786:15;
897:23
comprehensive
1
808:21
computer
4
762:18;
890:22;
891:8,
9
concern
3
663:5;
681:22;
942:24
concerned
8
664:4;
686:14;
780:8;
856:10;
916:12;
955:1,
5;
959:7
concerning
1
924:15
concerns
2
7 48:22;
940:13
conclude
1
662:19
conclusion
(1
910:20
concrete
1
904:20
condition
10
672:7;
704:7,
8;
785:1;
787:19;
790:4;
798:22;
825:18;
827:22;
829:17
conditions
51
8 12:9;
837:13;
869:3;
876:12;
894:2
conduct
(5
720:24;
844:19;
884:12;
892:15;
944:11
conducted
121
878:19;
944:10
conduits
2
812:14;
816:19
conference
2
911:18,
20
conferences
(1
838:22
confident
(2
806:3;
868:2
conform
3
9o1:io,
13,
16
conforming
1
901:12
confuse
11
780:7
confused
(1
718:16
confusing
1
777:21
confusion
(2
777:4;
951:14
conjunction
11
841:7
connection
2
853:13;
864:5
conscious
1
819:22
consequently
1
675:23
consider
14
661:9;
679:6;
683:6;
685:13;
696:20;
723:10;
757:17,
21;
772:1;
914:23;
919:1;
927:10;
934:15;
935: 10
considered
1
825:10
constituents
2
931:1,
2
constitutes
2
777:19;
806: 18
construct
9
792:20;
793:13;
812:13,
18;
813:18;
818:23;
889:1;
897:14;
903:2
constructed
141
714:24;
746:9;
766:24;
767:19;
810:19,
21,
23;
811:2,
4,
13,
18;
847:14;
892:2;
943:15
constructing
51
702:18;
766:16;
831:10;
833:14;
888:20
construction
13
653:22,
24;
654:2;
657:5;
668:23;
669:5;
701:9;
703:15;
704:9;
707:5;
792:23;
816:18;
904:18
consultants
5
685:23,
24;
883:24;
884:5;
885:11
consulting
4
781:2;
784:10;
799:1;
831:6
cont’d
1
651:1
contact
~sj
721:9;
792:11;
808:3;
815:14;
910:11;
938:24;
947:1,
2
contacted
6
720:2;
792:6,
11;
808:3;
867:12;
904:4
contacts
(1
653:20
contain
7)
684:3;
783:11,
14;
789:16;
887:13;
916:10,
11
contained
1
891:12
contaminated
(1
897:16
contaminating
1
897:20
contamination
1
899:4
contempt
5
900:8;
902:14;
905:15;
906:14,
16
content
1
869:9
contention
1
842:19
contingency
1
856:4
continually
(2
878:8;
882:13
continuation
1
652:2
continue
4
652:14;
722:2;
833:4;
879:23
continued
1
802:16
continuing
3
655:21;
762:23;
763:9
continuous
1)
827:23
continuously
11
751:6
contoured
1
861:13
contouring
III
810:7
contours
15
860:24;
861:13;
870:2;
871:20;
873:1,
16;
875:13;
892:15,
17;
893:2,
12;
901:10,
13,
14,
18
contract
13
686:1;
793:1,
5,
12,
17;
794:23;
848:3;
852:5;
857:4;
858:12;
859:3;
867:14;
868:15
contractor
(1
793:13
contractual
(2
790:14;
858:11
control
33
649:1;
784:8;
795:21;
796:3,
16;
798:19;
810:24;
813:20;
814:3,
9,
12;
819:11;
821:14;
831:8;
840:4,
22;
841:5,
14;
842:10,
17;
843:6,
8,
11,
24;
845:20;
846:4;
867:1;
904:2,
16;
916:18;
929:4;
935:18;
963:4
controlling
1
846:9
conversation
11
710:2;
806:7;
839:10;
913:3;
940:14,
16;
941:14;
948:11;
949:24;
953:11,
20
conversations
4
712:22;
713:10;
849:8;
852:13
conveyance
1
816:20
conveyed
11
680:17
cooperative
2
703:3;
808:11
coordinate
(31
697:9,
10;
727:9
copies
1
768:21
copy
19
658:11;
775:21;
782:17;
785:14,
20;
788:20;
796:15;
797:11;
798:13,
16;
799:3,
24;
803:11,
16;
809:6,
15;
837:1;
840:10;
907:21
corn
3
764:20,
21;
773:4
corner
29
660:4,
5,
7;
661:14;
666:20,
21;
668:2;
671:2;
690:1,
11;
693:18;
715:10;
717:3;
732:16;
746:19,
20;
755:5;
764:15;
766:12;
771:10;
833:17;
834:12;
862:1;
866:23;
873:5;
888:8;
897:15;
898:7
corners
1
673:10
cornfield
2
765:21;
773:20
corporation
8
794:24;
795:14;
846:22;
860:21;
861:4;
867:12;
868:7;
890:8
corps
11
762:16
correct
(99
658:18;
659:21;
661:12;
670:11;
681:9;
683:8;
690:2,
6;
691:3,
6,
15;
696:4,
5;
697:23;
698:2;
702:1;
703:16,
19;
704:12;
711:15;
712:14;
714:22;
717:22;
718:9;
719:3;
732:14;
733:10,
17;
736:22;
758:13;
780:1,
13,
23,
24;
781:6;
809:11;
815:22;
824:3;
829:7;
833:21;
836:3;
837:4;
838:1;
840:9;
841:24;
842:10;
844:17;
845:15;
846:15,
20,
23;
843:24;
849:19;
850:4;
855:14,
15;
856:17;
857:6,
11;
858:16,
17,
22;
859:8;
864:16;
867:8,
9;
869:20;
871:.,
4;
873:21,
22;
874:3;
878:22;
879:16;
880:13,
14,
22;
881:18,
24;
882:14,
20;
885:11,
14;
899:10;
903:2 1;
905:8,
12;
906:4,
8,
12;
909:3,
4,
8;
913:24;
915:18;
917:3;
918:18;
965:9
corrected
21
775:7;
846:5
correction
2
845:9,
11
corrective
4
842:23;
844:21;
905:21
correctly
3
806i~
849:24;
868:21
correlation
11
869:5
cost
(421
682:11;
749:11;
759:1,
20;
762:1;
775:17;
776:19,
20;
777:13,
14,
18,
19;
778:16,
18;
779:8,
19;
782:3,
11;
784:12,
17;
785:2,
5,
15;
789:17,
19,
20,
21;
790:4;
792:21,
23;
855:11,
14,
16;
857:20,
23;
859:4,
7,
11,
14;
887:10,
13;
892:21
costs
11
784:20;
790:18;
856:5,
8,
9;
857:8,
10,
13,
15;
859:5;
955:9
counsel
7
650:13,
14;
675:1;
756:7;
939:4,
9,
10
country
1
705:2 1
counts
11
865:21
county
1131
652:11;
763:16;
840:13;
895:9;
896:23;
900:9,
17;
901:6;
902:15;
906:3;
907:22;
927:6;
965:2
couple
26
667:16;
681:18;
683:24;
695:24;
712:7;
735:12;
737:5;
749:22;
751:24;
756:3;
762:19;
795:12;
810:15;
813:6;
824:7;
845:5,
6;
847:17;
853:23;
870:5;
885:24;
892:10;
910:3;
917:4;
932:12;
953:8
course
4
686:19;
702:17;
856:20;
927:11
courses
3
762:12,
16,
19
court
11
795:22;
796:1;
823:14;
840:7,
14,
23,
24;
897:3;
900:9;
907:24;
908:7
courts
1
902:15
cover
80
682:22;
700:18;
705:23;
709:1;
724:13;
726:14;
730:7,
9;
765:11,
12;
793:23,
24;
794:2,
6,
11,
12;
795:14,
16,
17;
797:23,
24;
810:7,
8,
12;
814:5;
860:21;
862:10,
17,
20;
863:3,
6,
7,
10,
12,
18,
21;
864:6,
11,
16,
23,
24;
865:3,
6,
8,
10,
11,
13,
17;
866:3,
6,
9,
11,
16;
867:17;
868:3;
874:7,
10,
11,
12,
22;
887:17;
888:20,
23,
24;
890:10;
893:1,
11,
12;
901:11,
24;
902:1,
2,
5,
10;
926:6;
943:4;
963:11
covered
14
690:4;
CAPITOL
REPORTING
SERVICE.
INC.
POLLUTION
CONTROL
BOARD
HEARING
12/12/96
704:10;
708:17;
721:12,
15;
724:4,
7;
779:11;
820:6;
866:1;
941:12;
955:12;
956:14;
958:14
covering
2
744:5;
958:5
cqua
1
867:14
crazy
1
709:2
create
4
656:1;
673:13,
19;
766:19
created
13
657:7,
18,
21;
658:21;
659:4;
661:15;
763:23;
766:13,
15,
16;
771:17;
833:14;
927:11
credentials
1
924:8
credible
1
952:1
credit
1
656:2
credits
2
656:5,
9
creek
1
766:6
crop
(11
764:20
cropland
1
765:21
crops
1
865:23
cross
2)
932:11;
948:2
cross-examination
833:5,
6;
905:3;
917:16;
920:16;
932:13;
948:3;
955:20
cross-examine
2
921:15;
928:4
cube
1
727:8
cubic
1
889:12
cullen
1
650:7
curious
1
892:14
current
6)
825:22;
837:13;
876:12;
888:1,
3;
917:9
currently
16
653:13;
689:14;
715:20;
717:15;
752:3;
791:10;
837:6;
853:12;
854:14;
859:20,
22;
865:13;
872:1;
874:13;
899:6,
21
cursory
1
782:19
custody
1
827:21
custom-made
1
672:16
customer
1
653:20
cut
7)
657:19;
661:15;
662:5;
673:19;
864:20,
22;
904:22
daily
11
669:17;
671:23;
679:7;
700:18;
706:9;
725:2;
765:11;
797:23;
838:14;
845:1;
888:23
dam
1
766:17
dame
1)
896:10
dammed-up
1
773:19
danger
2
942:17;
956:7
dangerous
2
7
11:12;
955:18
dark
21
700:9;
701:7
darkness
1
744:10
data
6
689:10;
828:23;
891:9;
895:12;
914:17;
915:11
date
(38
670:7,
18;
672:1;
681:5;
716:14;
776:2;
779:4;
793:7;
802:23;
840:11,
15;
841:3,
14,
15;
842:5,
6;
844:5;
845:24;
853:6;
868:14;
877:3;
908:4;
912:16,
18;
917:7;
921:19;
926:12;
937:8,
15,
18;
938:12;
942:11;
945:8,
9;
948:18;
949:22;
950:2;
964:21
dated
5
779:16;
921:22;
927:18;
931:6;
965:20
dates
5
662:22;
665:17;
912:24;
913:9;
950:3
davenport
3
65416,
20;
676:22
davis
70
650:2;
651:3,
6,
7,
8,
10,
12;
652:22;
681:6;
712:6;
768:13,
16;
778:10,
17,
24;
780:5;
809:1;
829:18,
22;
912:10,
13;
913:5,
16;
920:7;
921:1,
4,
18,
23;
922:2,
4,
8,
15,
19;
923:2,
7,
11,
14,
23;
927:14;
928:6;
932:10;
934:23;
936:13;
939:8,
16,
20;
940:5;
942:14;
948:1;
950:20;
955:21;
958:8,
18,
23;
959:24;
960:10,
13;
961:16;
962:22;
963:8
day
40)
649:16;
652:16;
670:24;
671:1;
675:9;
677:6;
678:5;
679:8;
681:7;
683:10;
702:17;
703:2;
704:15,
20;
705:11,
12;
706:13;
708:15;
712:10;
722:17;
725:17;
735:8;
744:8;
745:3;
749:16;
750:1;
787:24;
788:1;
845:3;
885:4;
939:2;
947:18;
951:23;
954:15,
20;
955:12;
960:18;
964:12;
965:20
day’s
1
700:14
day-to-day
4
669:3;
837:23;
895:5;
896:3
days
19
667:16;
740:10;
750:6;
759:5;
823:21;
845:5;
847:1;
876:24;
886:14;
911:8;
918:11,
14,
23;
919:21;
935:15;
947:21;
964:13
deadline
7
793:6,
8;
850:7,
11;
868:7;
937:6;
938:6
deadlines
2
935:13,
21
deal
1
995:9
dealing
1
903:14
deals
1
856:3
dealt
3
784:15;
897:3;
96 1:2
debatable
‘1
872:3
deborah
1
649:19
decay
ii
787:17
decaying
11
787:18
decays
(1
787:14
december
24)
649:17;
719:15;
731:10;
792:5,
12,
14,
17;
793:9,
10,
20;
799:3;
809:7;
837:2;
901:3,
4,
5;
911:7;
921:22;
922:1,
6;
945:23;
964:7;
965:21
decide
3
728:11;
867:10;
920:24
decided
81
680:24;
683:20;
726:12;
728:9;
740:4;
748:12,
14;
912:7
decides
1
911:14
decision
6
677:20;
867:24;
928:17,
18;
961:8,
15
decomposing
1)
786:12
decomposition
1
7 87:11
deemed
2
775:5;
918:19
deep
10
667:2;
685:20,
21;
736:4,
6;
765:5,
24;
774:12;
942:21
deeper
2
718:6,
11
defend
1
877:19
defendants
iu
901:9
deficiencies
1
781:6
defined
4
715:16;
812:13;
816:18;
881:6
defines
1
660:1
defmitely
7
684:22;
685:4;
708:10;
713:16;
747:17;
755:24;
774:9
definitions
1
805:17
degree
6
654:12;
762:8;
896:9,
11;
924:11
degree’s
1
896:7
delays
1
852:22
delineate
1
854:24
delivered
1
908:7
demands
1
936:9
demonstration
1
815:18
denial
35
680:15,
16,
17,
20,
22;
681:1;
682:4,
14,
21;
774:24;
775:10;
781:1,
3,
4,
7;
784:1;
851:7;
917:20,
23;
918:2;
919:14;
924:20,
23,
24;
925:11,
14,
15;
926:14;
928:5;
932:17,
19;
933:4,
20;
934:6
denied
14
680:14;
711:17;
776:7,
13;
779:8;
780:22;
803:3;
807:21;
820:18;
849:3;
853:18;
917:11;
919:9;
921:9
density
3
869:6,
7,
8
deny
~
807:20;
808:7;
917:18;
918:22
department
2
652:11;
793:4
depend
1
703:1
depending
2
684:20;
935: 16
depends
(11
696:13,
14;
698:12;
708:14;
736:9;
759:6;
772:12;
773:24;
811:24;
865:14;
893:19
depicted
in
756:10
depose
9
909:19;
910:4;
911:10,
13;
912:7;
913:13;
921:7;
928:1
deposed
1
954:17
deposit
(21
669:17;
702:23
deposited
(41
701:16;
703:5;
718:5;
729:18
deposition
18
aaoo~
877:7;
910:12;
920:10;
942:10,
11,
15;
954:11
depression
11
660:9;
661:14,
23;
714:19;
718:6,
18,
21;
729:17;
731:17,
18;
824:17
depth
5)
718:10,
11;
743:2;
860:22;
921:8
descend
1
722:24
descended
1
723:13
describe
16
654:10;
660:3;
661:21;
707:17;
708:2;
734:3;
747:19;
763:12;
764:9,
14;
767:23;
772:24;
784:14;
788:10;
791:1;
865:12
described
1
689:24
describes
1
724:1
description
2
723:7;
754: 14
desigti
3
761:19;
813:5;
8 54:13
designated
4
659:13;
685:20,
21;
738:1
designation
1
685:16
designations
2
864:7,
9
designees
2
756:3,
19
designs
11
813:6
desk
1)
685:4
destroying
1
904:23
detail
12
819:16;
865:12
details
1
849:16
detected
2
916:13;
942:7
determination
(1
928:3
determine
21
792:20;
864:6
determined
2
794:16;
843:3
deterrent
1
956:15
detroit
1
787:6
develop
5)
728:9;
771:15;
796:3;
797:20;
819:11
developed
5
795:22;
843:9,
11,
23;
844:1
developing
1
808:21
deviate
1)
925:22
device
1
816:10
devices
4
815:13,
15,
19;
8 16:7
diameter
31
676:8;
19
650:20,
23;
651:3,
5,
7,
10,
12;
832:13,
17;
878:6;
905:2,
4;
687:18;
688:17;
722:3;
796:23;
906:20;
908:6,
9;
911:17,
23;
CAPITOL
REPORTING
SERVICE,
INC.
POLLUTION
CONTROL
BOARD
EAR5NG
12/12/98
727:14;
744:16
die
1
744:21
diesel
1
747:16
difference
3
711:9;
747:14;
818:6
differences
1
873:6
different
29
655: 10;
747:13,
18,
19;
766:1;
768:22;
778:19,
20;
791:23,
24;
792:10;
794:22;
808:18;
809:3;
810:24;
818:1;
832:7;
844:11;
847:18;
868:22;
869:4;
870:5;
872:19;
873:13;
888:15,
17;
914:14;
923:14
differentiate
1
834:21
difficult
5)
812:17;
823:12;
824:12;
874:21;
875:2
difficulty
1)
883:18
dig
(5
658:23;
663:17;
724:15;
880:18;
946:15
digging
1
663:24
dike
10
663:19;
664:3;
696:22;
746:7;
943:15,
23;
946:4,
6,
16
dimensions
1
728:4
dioxide
121
787:15,
20
direct
22
650:19,
22;
651:2,
4,
6,
10,
12;
653:8;
760:23;
812:14;
813:20;
841:19;
863:6;
871:7;
887:9;
894:16;
902:16;
903:24;
908:23;
923:22;
940:4;
963:6
directing
1)
945:3
direction
2
757:15;
766:2
directions
2
766:1;
7 68:8
directly
14
685:12;
691:7;
729:6;
734:10;
766:12;
767:8;
771:1,
2;
772:19;
834:6,
8;
835:15;
884:16;
964:15
dirt
7
701:14;
721:14;
730:12,
13;
732:8;
874:7;
888:11
disagree
6
843:13;
845:6,
16;
846:6;
853:4;
920: 10
discharge
47
658:12;
659:13;
661:7;
664:20;
694:16;
695:5,
8,
10;
720:9;
750:17;
754:17;
758:23;
801:14,
20;
802:8,
22;
804:23;
812:15;
813:10;
821:1;
823:10,
11;
824:2,
6;
825:1,
3,
14;
827:1;
879:11;
880:5,
9,
10,
15;
881:12,
14,
16,
18,
21,
23,
24;
882:13,
19;
891:12,
14,
18;
892:1,
6
discharged
(~1
658:2;
721:1;
751:7;
801:23
discharges
9)
s~i:ia, 14;
823:8;
826:24;
827:22;
879:14;
882:24;
883:5;
891:23
discharging
3
733:23;
734:8;
757:3
discontinued
1
~uno
discovery
(2
665:15;
836:8
discretion
1
661:3
discuss
15
652:18;
681:1;
781:7;
812:19;
816:1;
838:20;
839:17;
851:6;
925:9,
12;
927:23;
928:16;
932:23;
946:18;
960:24
discussed
181
680:22;
681:20,
21;
682:6;
712:20;
775:6;
805:1;
820:13;
830:5,
13;
832:10;
836:5;
838:18,
22;
925:10;
929:10;
952:2;
955:22
discusses
1
904:1
discussing
3
682:1;
709:21;
809:9
discussion
16
682:9;
728:16;
768:19;
797:3;
805:2,
3,
13;
823:16;
828:13;
830:7;
831:17;
925:3;
927:22;
932:18;
952:22;
959:2
discussions
11
812:22;
813:11;
825:24;
828:1;
831:20;
839:1,
19;
929:7;
930:5,
16;
935:2
disk
(1
952:18
dismantle
(2
857:9;
859:3
disposal
25)
660:1,
11,
16;
700:12;
703:8;
714:21,
23;
715:8;
717:12,
21;
719:8;
722:19;
726:3,
5;
727:1,
20;
729:5,
10;
730:10;
748:17;
749:19;
752:3;
787:4;
899:15
disposed
4
704:11;
724:4;
725:6;
730:2
disposing
(2
704:16;
8 19:1
dispute
6
879:23;
879:1,
5;
922:11;
929:13;
944:1
disputed
1
~8~2
disregarding
2
934:24;
935:3
distance
2
889:7,
9
district
2)
899:14,
1.5
disturbed
1
864:11
disturbing
1
810:11
ditch
4
732:3;
739:18;
816:10,
23
ditches
2
814:3;
816:19
diversion
20
664:12,
15,
16,
17,
23;
665:2;
667:23;
668:4;
693:24;
732:7,
17;
733:2,
10,
24;
734:4,
13,
16;
753:7;
767:19
diversionary
1
818:19
divert
11
664:15;
694:1;
732:1,
2;
753:10,
16;
767:20;
810:20,
22;
818:23;
892:3
diverted
3)
665:4,
5;
8 11:9
diverting
4
731:6,
7;
733:3;
734:14
division
121
650:14;
653:17;
798:18;
806:23;
808:4;
812:23,
24;
813:2,
5,
10;
939:10
dlc
1
674:8
thur
3
881:17,
22;
882:23
dmurs
20
751:15,
17,
21;
801:14,
17;
823:24;
824:2,
4;
827:22;
828:15,
16,
24;
882:2,
5,
7,
10;
883:8,
21,
22;
884:1
docket
1
842:6
document
32
684:18;
722:14;
777:8,
14;
780:3;
782:18;
785:18,
21;
796:4,
8;
797:5,
11;
798:1,
3,
10;
800:17;
801:5,
9;
803:17,
24;
804:3;
805:12,
14,
20,
21;
824:24;
890:9,
10;
908:6;
910:7;
921:19
documentation
4
684:3;
903:19;
934:6,
15
documents
8
665:24;
781:9;
835:20;
836:1,
6,
10;
838:5
dollar
2
857:23;
858:3
dollars
19
789:21;
790:2,
3,
6;
853:11;
854:17;
858:7,
8;
859:18;
884:19;
885:6,
7;
892:22,
23;
893:22;
906:3,
10,
14;
945:17
door
4
830:16;
831:24;
832:2
dorothy
1
965:5
double-check
1
870:14
doubt
21
731:13;
894:2
down
1021
658:23;
662:5,
19;
663:7,
12,
17;
664:7;
667:1;
668:5;
671:18;
672:10,
18,
19,
20;
673:5,
18;
674:16;
676:5,
7,
21,
23;
677:15,
23,
24;
681:6;
692:24;
694:13;
696:20;
699:18;
700:4,
23;
701:21;
702:15,
21;
703:2;
718:24;
727:20,
21,
22;
730:24;
736:2;
740:3;
746:3,
22;
748:20;
749:18;
750:22;
751:3;
753:11,
13,
18;
754:9;
755:7;
757:3,
9,
12,
14;
764:21;
767:2;
768:2,
6;
769:10,
13;
770:6,
10;
772:3,
12;
787:16,
20;
808:9;
809:18;
810:18;
811:12,
15,
21;
812:1;
813:18;
814:9;
817:3,
10;
820:6,
11;
822:19;
827:10;
834:24;
835:18;
843:20,
21;
847:11,
12;
856:20;
873:4;
874:10;
891:20;
904:21,
22;
905:20,
24;
935:10;
937:8;
94 6: 15
downstream
1
754:16
dozen
3
738:11,
16,
21
dozer
2
673:12;
757:9
draft
(8
761:22;
799:3;
803:2;
804:7;
805:14;
809:6,
15;
837:1
drafted
2
762:4;
840:22
drafting
3)
854:18,
21;
855:8
dra~’s
1
702:4
drain
1
835:8
drainage
4
739:18;
817:1;
833:23;
835:1
drainageway
3
739:1,
8;
757:17
drains
11
767:5;
759:10,
11,
12;
773:20;
817:2;
820:7;
834:2;
835:13,
16,
18
draw
2)
715:13;
770:12
drawing
1
769:8
drawn
2
769:15;
770:3
dredged
(81
662:8,
13,
15,
17;
690:17,
20;
691:9;
735:6
dredging
19)
663:2;
666:4;
691:6,
8;
696:4;
735:18;
745:19;
945:19;
957:4
dredgings
2
663:9;
694:5
drew
11
770:21
drill
15
672:7,
11,
14;
673:11,
12;
676:6;
699:18;
700:4;
704:18;
706:3;
742:17,
24;
743:1;
810:17
drilled
6
699:3;
742:20;
743:17;
852:7;
864:13;
874:10
driller
1
705:20
drillers
9
669:10;
675:14;
676:14;
706:21,
23,
24;
741:16;
743:14;
874:10
drilling
1271
669:16;
670:21;
671:3,
5;
672:8,
17;
675:17;
676:4;
677:7;
678:4;
698:8,
18;
699:20;
701:23;
708:21;
741:22;
745:13,
14;
747:3;
864:17,
20;
941:10;
954:5,
21,
24;
955:4;
957:4
drive
4
677:24;
709:7;
732:13;
844:7
driven
1
847:15
driveway
2
757:4,
14
driving
111
955:23
drop
9
675:19;
676:11,
12;
701:5,
21;
702:14;
704:21;
736:2;
746:19
drops
1
731:2
dry
5
663:22,
23;
690:20;
692:22;
696:13
due
(111
657:5;
729:17;
749:11;
785:6;
794:18;
854:17;
866:8;
959:6,
17;
960:7,
20
dug
3
667:1,
2;
710:5
CAPITOL
REPORTING
SERVICE,
INC.
POLLUTION
CONTROL BOARD
HEARING
12/12/96
duly
9
649:19;
653:6;
760:2 1;
894:14;
908:22;
923:20;
940:3;
953:5;
965:8
dumping
1
705:19
during
1341
666:4;
698:3,
18;
699:9;
70 1:9;
702:17;
704:9;
707:5;
709:18;
710:3;
744:1;
749:8;
751:22,
24;
759:10;
805:1,
22;
823:5;
844:14;
850:23;
851:19;
862:19,
24;
864:11;
878:20;
880:4;
887:9;
888:7;
895:23;
905:10;
909:2;
911:17;
914:1;
930:16
dust
111
818:3
duties
10
653:19,
20;
689:2;
703:14;
761:18;
839:23;
895:22,
24;
896:2;
900:14
duty
1
666:12
e—O
1
862:8
e—1
1
862:8
each
6
706:13;
809:18;
815:7;
835:1;
881:1;
890:23
earlier
31
698:20;
714:18;
731:24;
740:7;
758:18;
809:9;
829:5;
833:22;
834:11,
14;
835:11,
19;
837:3;
838:4;
839:11;
840:3,
19,
21;
841:1,
13;
844:15;
856:15;
858:20;
868:16;
869:11;
878:20;
880:11,
20;
881:5;
931:20
early
61
675:15;
867:13;
903:13;
940:9,
21;
957:1
earth
11
794:24;
795:10,
14;
860:20;
861:1,
12;
867:7,
12;
868:7;
889:20;
890:8
earthen
1
766:17
easier
2
875:4,
6
easiest
1
890:2
easily
1
878:1
east
22
650:9;
658:1;
660:7;
664:18;
665:5;
666:19;
685:12,
14;
722:17;
763:16;
764:1,
11,
12,
17,
18,
23;
770:15;
771:2;
772:20;
811:8;
891:5
east-west
1
766:3
easy
(11
672:14
eat
11
757:13
economics
1
654:13
edge
3
728:3;
769:12;
899:19
education
(21
654:21;
7 62 :23
educational
4
654ii~
762:6;
763:9;
896:6
effect
3
926:4;
956:19;
957:22
effective
3
~
812:3,
9
effectively
1)
921:15
effort
2
796:10;
956:9
efforts
3
730:14;
814:23;
866:15
eg
3
707:22;
747:19,
20
eig
t
14
662:14;
691:9;
694:5;
708:22,
23;
736:7,
8;
751:10;
874:9;
883:14,
16;
891:12,
15;
948:9
eilers
21
737:19;
882:8
either
15
658:1;
701:16;
706:3;
724:4;
739:7;
773:6;
799:15;
803:4;
818:9;
856:12;
864:20;
912:2;
930:6;
948:13;
949:10
elaborate
1
691:20
electricity
1
787:9
elements
2
916:17,
22
elevated
1
875:12
elevation
10
658:24;
771:20;
772:5;
816:17;
870:9,
19;
871:6;
893:9,
13;
943:18
elevations
4
871:21;
888:1,
4;
890:22
eliminate
(1
891:17
elliott
11
737:18;
800:3;
837:21;
838:12,
24;
839:1,
6,
17;
863:4;
946:24;
949:9
elliott’s
1
838:19
elmer
23
735:8;
737:18;
740:24;
800:3,
7;
809:10;
837:21;
838:1,
11,
18,
24;
839:1,
6,
12,
17,
19,
22;
863:4;
946:24;
949:9,
11;
950:1,
2
emanating
1
747:12
embankment
1
770:6
employed
141
653:13;
691:1;
762:9;
849:7,
11;
850:1,
23;
851:2;
852:9;
862:19,
22;
866:21;
882:16,
17
employees
6
709:22;
740:15;
810:17;
844:2,
23;
850:7
employment
2
862:23;
863:1
empty
11
676:1
encompasses
1
764:5
encountered
1
844:10
encouraging
1
935:11
end
12
652:19;
667:14;
704:19;
745:3;
750:23;
765:20;
769:9;
821:10;
824:23;
881:3;
917:6;
955:12
endanger
(1
844:22
ended
~1
663:6;
732:23;
912:23
enforcement
5
649:8;
650:14;
935:3,
23;
936:8
engineer
5
681:12;
761:6;
763:3;
795:9;
924:10
engineering
9
680:23;
743:2;
762:8;
850:18;
851:12,
20;
854:4;
895:10;
924:12
engineers
1
762:17
engines
1
679:9
enough
(8
676:16;
742:6;
747:1;
876:2,
16;
913:12;
936:13;
951:12
ensure
2
669:6;
737:16
ensuring
1
741:10
enter
1
819:3
entered
5
664:19;
840:12;
868:14;
891:8;
905:6
entering
3
657:19;
130:11;
818:24
enters
1
891:9
entire
6
663:13;
682:13;
705:11,
12;
866:5;
951:20
entirely
5
734:14;
857:10;
881:24;
943:13
entitled
2
830:16;
832:3
entry
(2
818:20;
842:6
environmental
71
650:2,
4,
15;
684:11;
798:7;
806:24;
924:11
epa
16
681:1;
682:12,
22;
685:3;
712:22;
715:3;
788:19;
797:17;
827:8;
859:17;
903:14;
910:7;
924:5;
927:8,
12;
928:14
epa’s
1
939:10
equal
4
751:9;
821:24;
880:23,
24
equipment
22
663:16;
678:13,
17,
22,
24;
679:6;
110:17;
755:16;
817:8,
10;
819:12,
18;
844:8;
848:5,
18;
857:1?;
858:2;
863:17,
19;
904:6,
7,
8
equipped
1
815:12
equivalent
2
825:5,
8
erosion
12
693:19;
757:2,
11;
763:24;
814:3,
12;
818:2,
11;
866:11;
904:22;
943:16
erosional
4
693:16;
771:15;
811:19;
866:7
esg
44
649:8;
652:3;
653:14,
15;
654:8;
665:19;
681:11;
689:2;
696:4;
703:14;
704:23;
706:24;
709:22;
712:16;
713:1;
721:3;
738:1;
740:15;
761:4,
7,
17;
764:4;
765:9;
769:8;
782:11;
790:13,
19;
796:3,
14;
839:16;
841:11,
24;
843:5;
846:3;
849:8;
894:22;
895:16;
924:16;
929:7;
930:6,
10,
17;
939:13;
944:22
especially
2
674:16;
815:8
establish
2
810:8;
890:24
established
3
7s2ri;
891:2,
6
estimate
171
720:20;
789:19;
790:5;
829:24;
859:14;
860:12;
862:6
estimated
(1
720:19
estimates
201
762:1;
775:17;
777:13,
15;
778:16,
18;
779:3,
9,
19;
782:11;
785:2,
6,
16;
789:11,
21;
855:11,
14,
16,
17;
856:11
et
21
902:19
even
12
659:1;
661:17;
671:9,
14,
22;
699:15;
751:2;
838:16;
845:5;
848:22;
929:13;
957: 17
evening
3
947:6,
8;
954 :23
event
11
662:20;
760:6;
806:19;
821:7;
823:10;
825:1,
6;
869:18;
881:2,
15;
915:16
events
3
698:3;
749:17;
823:5
everybody
(2
747:1;
944:24
everybody’s
1J
682:15
everyday
1
844:12
everyone
11
898:17
everything
12)
655:13;
663:18;
720:6;
735:21;
752:9;
811:7;
820:7;
831:13,
15;
891:10;
893:10,
11
evidence
13
716:17;
782:22;
803:8;
804:1,
12;
870:13;
907:21;
908:1;
911:1,
5;
927:14;
963:3,
6
exact
73
599:7;
746:20;
841:2;
865:24;
935:20;
937:18;
941:21
exactly
(14
653:18;
663:2,
4;
673:2;
694:14;
708:2;
728:20;
734:16;
752:14;
838:21;
839:18;
852:9;
906:15;
930:22
examination
251
650:19,
20,
22,
23;
651:2,
4,
6,
7,
8,
10,
12,
13;
653:8;
742:14;
760:23;
886:2;
887:9;
894:16;
908:23;
923:22;
934:22;
939:7;
940:4;
953:6;
958:10
examine
11
952:3
examined
7
653:7;
760:22;
894:15;
908:22;
923:21;
940:3;
953:5
example
1
738:19
excavate
1
746:4
excavated
3
658:22;
745:20;
765:11
excavating
3)
661:22;
663:15;
888:10
excavation
1
888:8
excavator
3
a6a:i2,
14;
700:21
CAPITOL
REPORTING
SERVICE,
INC.
POLLUTION
CONTROL
BOARD
HEARING
12/12/96
exceedence
1
915:15
exceedences
3
915:12,
13;
929:17
except
4
773:3;
855:4;
938:17;
960:3
excessive
11
660:24
exclude
11
962:18
excluding
1
961:5
excuse
3
667:10;
670:12;
754:1
excused
7
760:16;
894:9;
907:4;
923:18;
939:19;
950:22;
958:20
exhibit
123
651:14,
15,
16,
17,
18,
19,
20;
656:14;
658:6;
665:7;
669:20,
24;
684:9;
685:6;
687:3;
688:9;
694:23;
697:16;
698:23;
704:5;
715:23;
716:2,
5,
16,
18,
21;
722:6,
15;
733:7;
736:16;
752:20;
764:2;
768:21;
769:1;
778:13,
17;
779:15,
23,
24;
780:19;
781:12;
782:8;
783:3,
8;
784:24;
785:8;
786:6;
788:3;
789:5,
11;
795:19;
798:6,
17;
800:18;
802:19;
804:13,
15;
809:12,
14,
24;
827:4;
836:16,
17,
20;
840:4,
11;
841:13,
20;
842:4;
843:2,
9;
845:19;
855:20,
23;
856:2;
860:17,
18;
867:6;
869:21;
870:13,
21;
871:5;
872:21,
24;
873:1,
9,
16;
876:7,
20;
877:13;
879:7;
886:5;
887:24;
900:6;
902:12;
907:21;
908:11,
13;
927:2,
15;
928:11,
14,
21,
23;
931:4,
13,
21;
951:10,
15,
17;
952:9,
14;
962:18,
24;
963:2,
6;
964:16
exhibits
5
651:14;
666:16;
72 1:20;
778:10;
963:22
exist
1)
657:2
existed
2
836:4;
943:11
existence
3
802:12,
17;
805:23
existing
1
746:21
exiting
11
880:5
expand
2
657:7;
806:10
expanded
3
726:13;
788:11;
896:2
expands
1
806:15
expect
2)
959:8;
960:6
expectations
8)
935:6,
18;
936:20,
22;
937:3,
11,
22;
938:20
expected
2
781:8;
868: 10
expecting
2
677:24;
937:1
expedite
1
669:14
expeditious
1)
682:10
expense
2
945:14,
15
expensive
1
759:6
experience
4
men,
23,
24;
787:3
explain
(14
675:13;
676:2;
700:17;
762:5;
791:16;
801:19;
802:9;
809:20;
843:14;
849:2;
872:4;
914:13;
917:12;
924:24
explained
1
751:12
explaining
1
823:3
explains
1
918:6
explanation
1
851:5
explore
2
812:19;
940:12
exploring
1
814:8
exposed
7
678:4;
707:7,
9;
721:10;
724:3,
8,
17
express
1
942:24
expressed
3
681:22;
935:18;
936:2
extend
2
652:15;
673:18
extended
2
672:9;
673:4
extending
1
715:12
extends
1
676:6
extent
3
693:9;
815:1;
849:2
extract
3
848:18;
851:10;
887:5
extracted
1
856:21
extraction
22
697:22;
701:9;
702:18;
705:17;
831:12;
847:3,
4,
9,
10;
848:6,
16,
22;
863:22;
864:1,
10,
12;
874:18,
22;
875:13;
940:13;
953:23
extremely
18)
674:9;
675:23;
741:19;
742:9;
755:16;
759:5;
778:7;
955:18
eye
2
830:3,
8
-F-
l—U
1)
862:8
face
9)
657:6;
671:23;
705:20;
732:15;
810:21;
817:24;
820:11;
897:18;
900:3
facetious
(1
960:13
facilities
6
937:5;
938:9,
11,
13,
18;
939:13
facility
22
680:8;
689:3;
815:18;
816:12;
834:17;
836:21;
838:11;
839:6;
844:20;
869:23;
895:6;
896:17,
18,
19;
899:20;
900:13;
916:3;
919:2,
8;
929:16;
930:4;
936:24
fact
(21
666:7;
681:2;
683:1;
693:23;
742:5;
777:8,
14;
781:21;
804:20;
807:2;
839:11;
843:10;
876:21;
881:17;
887:24;
912:5;
918:12;
934:24;
935:3;
947:11;
955:23
facts
1
922:15
failed
1
779:18
failing
1
777:12
failure
5
779:2,
7;
801:11,
13;
802:7
fair
5
734:12;
837:21;
900:15;
915:15;
944:8
fairly
7
663:22;
704:1;
726:10;
734:5;
736:3;
755:12;
940:21
faith
1
920:15
fall
8
654:9;
709:8;
732:21;
796:7;
813:9;
930:7;
942:22;
955:6
falling
2
752:14;
935:16
falls ~
701:22;
705:23;
731:3;
767:17;
819:5
false
til
882:23
falsification
1
801:14
falsified
2
801:17;
823 :24
falsiQy
11
824:4
familiar
26
654:5;
656:23;
658:8;
661:10,
13;
662:23;
668:16,
19;
682:3;
704:2;
759:14;
772:16,
17;
822:7,
12;
825:23;
828:20;
839:16;
849:16;
890:13;
896:15,
21;
897:1;
900:10;
919:7,
11
far
14
653:20;
684:7;
686:3,
14;
689:9;
727:16;
751:15;
758:8;
884:8,
9;
925:24;
935:10;
943:22;
959:7
farm
2
707:24;
773:17
farmer
3
773:18;
810:14;
865: 18
farming
1
865:22
farmland
(2
763:24;
764:1
farms
2
865:18;
866:13
fast
31
674:5;
937:6;
938:6
faster
2
674:9;
706:22
fax
4
802:21;
921:24;
922:4;
930:10
faxed
3
921:19;
930:13;
93 1:2
february
43
711:18;
725:12,
13;
733:9;
734:18;
735:1;
761:8;
774:24;
779:8;
800:20,
23;
804:20;
807:9,
19;
810:4;
820:19;
823:24;
827:6,
20,
23;
828:6;
835:23;
843:3;
849:3;
853:9;
878:18;
879:9,
20;
881:17,
18;
882:18;
885:8;
905:6,
14;
919:9;
924:20;
959:18,
23;
960:7,
16;
962:13,
15
federal
61
655:13;
797:17;
806:10,
17;
825:13;
916:16
fee
1
906:2
feed
1
766:4
feel
s
664:7;
799:9;
808:6;
825:3;
826:3
feet
34
660:6,
7;
664:11;
667:3,
4;
676:6,
8;
679:18;
715:11,
12;
726:20;
727:24;
728:4,
6;
736:7;
764:18;
767:2;
771:21;
772:3;
773:16;
794:2;
824:14;
862:16,
17;
870:23;
871:2;
874:10;
888:11;
889:15;
902:18;
943:24
fell
3
744:19;
792:3;
811:7
fellow
1
844:22
felt
7
664:8;
681:22;
752:12;
781:21;
784:8;
807:23;
868:3
fence
37
664:4,
10,
17;
667:22;
695:14,
16,
18,
23;
696:4,
6,
7,
10,
24;
697:5;
732:19;
735:13,
21;
736:12,
19,
23;
739:24;
740:5;
746:9,
13,
18,
21,
22,
24;
811:14,
20;
943:17,
18,
22;
944:5,
24
fenced
1
756:17
fences
20
664:5;
750:21;
751:2;
753:18,
21;
754:4,
6,
12,
20,
23;
755:11,
19,
22;
756:1;
757:11;
811:11,
18;
814:4,
6,
8
fencing
1
668:5
few
(131
662:22;
750:6;
762:12;
766:8;
769:18,
24;
854:10;
861:5;
863:11;
883:19;
947:21;
964:12
field
15
655:3;
685:11,
12,
17,
19;
726:16,
19;
764:20;
765:23;
769:16,
18;
795:11,
12;
849:18;
867:3
fifteen
1
889:15
fighting
2
878:3,
7
figure
5
676:18;
781:8;
802:13;
857:23;
858:3
figured
1
956:11
figures
11
887:13
file
13
785:2;
806:1;
838:21;
839:21;
876:24;
877:16;
882:23;
903:18;
961:4;
962:6,
7,
13,
18
filed
141
652:10;
712:4,
6;
776:12,
14;
778:4;
859:17;
900:24;
901:3,
4;
928:14;
935:4;
959:6;
962:13
files
(2
803:20;
806:4
filing
8
878:8;
900:16;
906:1,
2;
918:7;
926:10,
20;
928:11
filings
1
907:24
fill
131
657:6;
668:8;
671:23;
702:6;
703:6;
704:11;
705:20;
714:20;
717:20;
719:9;
731:20;
893:7;
946:14
filled
8
739:9;
744:6;
766:18;
834:13;
854:8;
859:19;
876:15;
882:1
filling
2
717:15;
861:24
filter
2
679:7;
847:22
CAPITOL
REPORTING
SERVICE,
INC.
POLLUTION
CONTROL
BOARD
HEARING
12/12/96
final
38
765:12;
793:22,
24;
794:2,
6,
10;
797:24;
810:7;
837:10;
860:2,
4,
7,
10,
12;
861:18,
19;
862:10,
20;
863:2,
5,
1,
10;
864:11,
16;
865:11,
17;
893:12;
901:10,
11,
13,
14,
18,
23,
24;
902:2,
5;
903:12;
959:23
finalized
21
799:5;
837:4
finalizing
1
837:7
finances
1
856:16
financial
5
790:12,
16,
23;
791:11;
858:21
fmancially
(11
965:13
find
8
676:20;
683:5;
722:5;
727:11;
729:21;
800:12;
809:10;
915:12
fine
17
706:2,
9;
714:14;
716:15;
721:21;
780:9,
12,
15;
804:8;
846:17;
908:11;
913:18;
917:13;
958:8;
960:15;
962:4;
963:8
finish
3)
708:24;
739:4;
878:4
finished
4
699:21;
815:10;
904:18;
942:2
finishing
2
671:1,
4
fire
(31
687:8,
9,
12
fired
1
701:3
firm
7
680:23;
685:24;
781:2;
794:13;
799:1;
815:17;
831:6
firms
3
784:10;
794:22;
815:16
first
63
652:4;
653:3,
6;
67 1:2;
672:4,
23;
683:10;
684:16;
685:17;
688:6;
690:3;
691:5;
695:18;
697:24;
701:16;
705:21;
7
13:5;
714:23,
24;
717:21;
722:8;
734:20;
743:16;
756:24;
758:9;
760:21;
774:22;
775:4;
776:7,
17;
779:22;
798:11;
804:19;
819:14;
823:21;
824:7;
826:8;
833:8;
835:13;
837:1;
841:20;
844:18;
853:23;
862:14;
869:22;
876:11,
17,
19;
889:22;
894:14;
905:14;
907:20;
908:14;
910:2,
3;
917:4;
920:9;
923:20;
925:16;
936:5;
943:10;
951:5;
959:5
fIsh
1
935:8
five
11
656:9;
686:7;
687:20;
740:10;
741:5,
17;
763:18;
765:13;
860:10;
861:8;
916:22
fix
3
682:5;
734:22;
844:10
fixed
2
734:21;
949:15
fixes
2
755:17;
887:2
flaps
1
701:20
flat
3
765:24;
773:5;
864:2 1
flew
11
889:23
flow
~
695:5,
11;
754:16;
815:13,
15;
816:1,
3,
7,
11
flowing
31
774:2,
6,
8
flown
3
861:7;
888:7;
889:23
flows
1
772:21
fluids
1
820:5
flyover
cii
861:9
focus
1
668:10
folks
3
924:16;
936:7,
10
follow
21
892:11;
910:16
follow—up
1
921:16
following
(31
783:5;
840:23;
962:5
follows
(7
653:7;
760:22;
894:15;
908:22;
923:21;
940:3;
953:5
foot
9
706:17,
19,
21;
708:22,
23;
720:5;
736:8;
774: 12
football
(2
726:16,
19
force
ii~
813:22
ford
1
677:8
foregoing
2
965:7,
9
forest
1
787:18
forget
(2
656:2;
677:11
form
41
781:19;
934:16;
938:7,
10
formal
13
654:21;
683:6,
21;
684:2;
712:18;
777:19;
797:8;
820:13;
853:22;
854:3;
934:14,
17;
935:9
formalization
1
84413
formalized
2
843:16,
17
format
11
843:17
forms
3
782:1;
926:18;
934:3
fortelka
11
846:24
forth
3
878:3;
927:3;
930:1
forward
~
951:13
found
5)
713:7;
788:18;
929:22;
952:1;
956:1
four
301
656:8;
659:1;
673:9;
681:24;
683:24;
720:23;
728:6;
740:10;
741:5,
17;
749:6;
750:2;
791:24;
822:4;
851:22;
860:10,
15;
861:8;
862:16;
888:7,
22;
890:6;
891:21;
897:15;
898:21,
22;
899:17;
942:2;
949:2,
6
four-month
1
751:22
four-wheel-drive
21
677:8;
702:4
fourth
~
656:15
fowl
1
935:8
frame
(4
674:8;
761:11;
918:8,
10
frank
171
649:19;
652:1,
8,
13,
24;
666:11;
669:21;
670:11;
674:23;
675:2;
684:24;
686:24;
887:2,
17,
21,
24;
688:3,
7,
9,
11,
14;
698:22;
705:5;
714:1,
4,
14;
716:16;
717:7;
718:13;
721:21;
722:2;
727:6;
742:13;
753:24;
756:8;
758:2;
760:11,
14,
17;
768:17,
20;
769:6;
770:20;
776:2;
777:9,
21;
778:1,
8,
12,
15,
23;
779:21;
780:2,
15,
18;
782:23;
783:1;
785:10;
786:1;
738:24;
789:3;
790:10;
796:20;
797:1,
4;
803:9;
804:5,
11;
805:20;
807:11;
815:5;
816:5;
823:13,
17;
825:7;
828:11;
830:10,
18;
832:8,
20,
24;
833:3;
870:16;
871:14;
872:20;
876:4,
8;
877:2,
8,
11;
878:2,
10;
885:23;
892:9;
894:5,
7,
10;
901:19,
22;
903:4,
6;
906:22;
907:2,
5,
8,
12,
16;
908:4,
10,
16;
910:1,
13;
911:16,
19;
912:3,
11,
17,
21;
913:6,
18;
917:15;
920:6,
20;
921:2;
922:12,
18,
22;
923:4,
8,
15;
927:16;
928:19;
932:11;
934:21;
936:15;
939:18,
21;
947:10;
948:2;
950:21,
23;
951:2,
6;
952:13,
16,
23;
953:2;
958:17,
19,
21,
24;
959:3,
20,
22;
960:2,
12,
15,
19;
961:7,
19;
962:9,
17,
20;
963:2,
10,
15;
964:6,
14
frequency
21
750:4;
916: 10
friday
3
940:24;
959:9
front
3
682:23;
755:13,
14
froze
(1
946:12
fuel
9
679:11,
12,
13,
18,
21,
22;
819:21;
858:2;
889:8
fueling
(41
679:8;
819:12,
19,
24
fuels
1
840:1
full
(10
67 1:13,
14,
20;
692:16,
18;
702:13,
19;
705:10;
918:20;
919:22
full-blown
11
sss~n
fully
5
67 1:3;
672:8,
9,
18;
673:4
fund
3
791:6,
8,
20
funds
1
791:6
further
181
687:15;
757:24;
764:19;
765:23;
770:15;
778:2;
832:22;
889:6;
892:7;
894:6;
920:4;
934:19;
939:5;
950:20;
955:19;
958:16;
961:17;
965:11
-0-
garbage
38
660:2,
8,
9;
662:3;
676:7,
12;
677:12;
678:4;
701:5;
704:21;
705:20;
717:18;
718:8;
721:13;
728:12,
14,
15,
20;
729:1,
18,
22,
23;
730:2;
747:10;
757:16;
786:13;
787:11,
14;
812:20;
819:1,
5;
872:6;
874:12;
889:16;
893:7,
10
gas
80
668:10,
13,
22;
670:18;
675:5;
697:21;
701:9;
702:18;
703:21;
704:9;
705:17;
707:16,
20;
708:8,
16,
19;
709:19;
7 10:3,
8;
740:9;
742:16;
747:4,
5,
16;
784:16;
786:9,
ii,
12,
18,
20;
787:5,
7,
9,
10,
21;
788:5;
789:7,
20,
22;
791:19;
793:14;
831:8,
9,
11;
846:19;
847:3,
9,
20;
848:1,
5,
10,
16,
20,
22;
855:18;
856:11,
17,
19,
21;
857:9;
859:3,
15;
863:22;
864:1,
10,
12;
867:15;
874:18,
22;
875:18;
887:14;
932:20;
933:13;
940:13;
953:23;
958:2,
4
gasoline
1
707:18
gate
1
677:7
gathering
1
895:13
gave
91
720:4;
751:19;
793:6;
850:5;
863:6;
877:7;
891:11;
909:1;
931:24
ge
2
864:8
gears
3
685:5;
774:16;
786:8
geez
3
667:2;
715:11;
746:5
general
11
650:3;
655:17;
664:20;
665:8;
767:18;
796:13;
811:17;
819:5;
863:18;
929:19;
935:17
general’s
14
665:16,
21;
666:15;
712:9;
830:12;
843:7;
911:14;
930:5;
936:8;
951:12;
952:19;
960:8,
20;
961:10
generally
41
654:5;
655:12;
925:23;
943:12
generated
3
707:7;
786:12;
787:10
generating
1)
787:9
generator
1
689:20
generics
1
689:18
gentleman
2
791:3;
822: 19
gently
21
767:15
geologist
1
681:14
germinate
1
812:5
gets
6)
665:5;
676:13;
692:19;
693:1;
814:21
getting
4
718:2,
4,
11;
930:3
giant
1
675:20
give
19
693:10,
11,
12;
714:7;
716:22;
770:21;
787:20;
803:15;
850:6;
862:14;
868:6;
884:11;
890:23;
896:5;
918:23;
CAPITOL
REPORtING
SERVICE,
INC.
POLLUTION
CONTROL
BOARD
HEARING
12/V/OS
928:1;
952:10;
959:24;
963:17
given
(7
680:15;
684:22;
769:1;
909:21;
910:4;
921:6;
952:8
gives
31
787:14,
17;
911:9
giving
21
722:9;
920:12
glitches
1
883:19
goal
2
831:15;
850:15
golf
1
770:17
good
7
707:16;
813:12;
819:23;
871:24;
878:15;
888:16;
920:15
goods
(11
677:2
gotten
2
666:14;
869:18
government
(11
797:17
grab
1
824:24
grade
5
705:19;
728:1;
743:11;
860:10;
891:24
graded
3
730:20;
731:2;
892:2
grading
11
866:24
graduate
2
762:11,
12
graduated
21
762:7;
896:8
grant
2
931:13,
15
granted
21
779:14;
887:8
grass
2
810:18;
867:3
gravity
1
695:11
greasing
1
679:7
great
2
702:2;
715:18
greater
5
687:11;
825:1,
2,
3;
889:9
green
(1
867:3
grew
1
718:5
grid
3
861:12,
15;
862:7
grothus
27
650:19;
651:11;
653:4,
5,
12;
688:19;
705:7;
722:4;
737:18;
768:14;
798:12;
800:13,
14;
851:16;
852:13;
940:7,
14,
23;
941:2;
942:16;
944:6;
947:2,
4;
948:12;
951:3;
953:1,
3
ground
13
671:11,
18;
701:24;
702:1;
747:6;
765:3;
772:13;
811:15;
890:17,
18;
891:7;
893:20;
946:12
grounds
1
784:2
groundwater
53
682:2;
685:8,
9;
686:2,
3;
762:2;
783:11,
15;
784:5;
797:22;
830:23;
849:15,
24;
855:4,
5;
885:15;
897:6,
14,
17,
21,
22,
24;
898:16,
23;
899:7,
12,
13;
904:10;
909:10;
910:6,
22;
914:4,
5,
8,
22;
915:6,
11,
13,
20;
916:19;
919:2,
3;
929:9,
10,
21;
930:13,
19;
931:11,
16,
17;
932:1,
3,
8
grow
1
812:8
grows
1
812:2
growth
2
794:5;
812:7
guess
41
657:17;
659:16;
660:15;
661:4;
662:19;
663:19;
664:3;
670:13;
680:1;
685:14;
689:12;
696:21;
698:12;
701:19;
707:19;
715:13;
717:10;
718:22,
23;
722:11;
736:10;
747:17;
754:3,
23;
756:24;
765:7;
791:6;
795:8;
802:10;
819:14;
828:18;
843:4,
18;
861:21;
862:3;
869:21;
885:20;
892:5;
914:15;
925:11;
962:22
guesstimate
cii
746:5
guidance
1
804:23
guy
31
702:11;
735:11;
946:15
guy’s
1
944:16
guys
(11
703:3;
877:6;
878:10;
912:11,
23;
913:14;
922:13;
951:11;
952:5;
959:12
gwenyth
(21
68 1:17;
682:1
-H-
half
(11
666:12,
14;
692:24;
738:11;
826:10;
843:4,
11;
862:16;
866:20;
891:2;
922:17
halfway
11
750:17
hammer
1
676:11
hand
7
776:11;
783:8;
798:16;
840:10;
855:23;
908:6;
936:7
handle
~ij
761:18
handled
cii
664:6
handles
2
714:12;
822:20
handling
2
822:14;
82 5:23
hands
1
960:8
hanna
1
650:7
hanson
7
685:11,
12,
17,
19;
713:8;
849:18;
852:7
hanson’s
11
685:15
happen
9
710:22;
742:10;
744:8,
19;
748:5;
757:13;
819:3;
941:13;
955:1
happened
18
657:4,
23;
668:6;
671:22;
680:13;
694:11;
717:19;
718:7;
741:20;
743:21,
23;
744:3;
775:2;
793:1;
807:15;
808:16;
849:6;
885:4
happening
3
73i2i~
807:23;
808:6
happens
5
856:22;
918:14,
19,
21;
929:20
hard
10
675:23;
678:1;
693:12;
708:1;
723:20;
736:4;
755:16;
871:10;
946:13
hard-surfaced
2
817:17,
21
hardly
2
812:6;
824:11
harm
1
678:2
hart
1
965:5
haul
(14
666:6;
692:15,
19,
21;
726:24;
745:22,
23;
769:13;
820:3;
824:17;
835:16;
847:18,
19;
889:6
hauled
41
663:20;
666:7;
820:11;
899:14
hauling
iii
905:11
hay
3
811:13,
14,
20
hazardous
4
654:24;
655:20;
689:11;
763:1
hdpe
(11
743:6
head
3
766:5,
7,
8
headed
1
811:16
heading
(1
804:17
heads
cii
767:18
hear
cu
740:21
heard
41
740:17;
741:2;
869:16;
876:18
hearIng
(228
649:16,
19;
652:1,
8,
13,
14,
24;
665:12,
22;
666:1,
3,
11;
669:21;
670:11;
674:20,
23;
675:2;
683:11,
20;
684:24;
686:24;
687:2,
17,
21,
24;
688:3,
7,
9,
11,
14;
698:22;
705:5;
714:1,
4,
14;
716:16;
717:7;
718:13;
721:18,
21;
722:2;
727:6;
742:13;
753:24;
756:8;
758:2;
760:11,
14,
17;
768:17,
20,
23;
769:6;
770:20;
776:2,
8;
777:9,
21;
778:1,
8,
12,
15,
23,
24;
779:21;
780:2,
15,
18;
782:23;
783:1;
785:10;
786:1,
4;
788:24;
789:3;
790:10;
796:20;
797:1,
4;
800:16;
801:7;
803:9;
804:5,
ii;
805:20;
807:11;
815:5;
816:5;
823:13,
17,
21;
825:7;
828:11;
830:7,
10,
18;
831:23;
832:8,
20,
24;
833:3;
843:3;
844:15;
847:1;
850:14;
868:12;
870:16;
871:14;
872:20;
876:4,
8,
23;
877:2,
8,
11;
878:2,
4,
6,
10,
16;
885:23;
892:9;
894:5,
7,
10;
897:2;
901:19,
22;
903:4,
6;
906:22;
907:2,
5,
8,
12,
16;
908:4,
10,
16,
17;
909:2,
17;
910:1,
13,
19,
20;
911:3,
8,
12,
16,
19;
912:3,
6,
8,
11,
17,
18,
21,
24;
913:6,
9,
18;
917:15;
920:6,
7,
20;
921:2,
10;
922:12,
18,
22;
923:2,
4,
8,
15;
927:16;
928:19;
931:20;
932:11;
934:21;
936:15;
939:2,
18,
21,
23;
947:10,
13,
14;
948:2;
950:21,
23;
951:2,
6,
9,
11,
16,
23;
952:2,
13,
16,
18,
23;
953:2;
958:17,
19,
21,
24;
959:3,
20,
22;
960:2,
12,
15,
19;
961:7,
19,
23;
962:9,
17,
20;
963:2,
10,
15;
964:6,
9,
14,
20
hearings
31
666:12;
683:10;
799:16
heart
11
858:16
heat
11
847:21
heavens
21
679:24;
heavily
1
772:12
heavy
7
774:11;
817:7,
10;
819:18;
844:8;
863:19;
956:5
943:4
height
(41
87 1:3,
22;
872:2;
873:20
held
61
649:16;
747:22;
781:6;
805:3;
808:11;
830:3
help
8
669:12,
13;
701:22;
702:10;
753:10;
849:23;
890:11;
900:14
helped
(11
796:9
helpful
3
751:5;
808:11;
951:16
helps
1
689:6
hep
1
762:19
hereby
11
965:6
herein
(81
653:6;
760:21;
894:14;
908:2 1;
923:20;
940:2;
953:4;
965:13
hide
(11
893:5
high.
11
654:12,
17,
18;
762:6,
7;
768:9;
829:2;
888:12;
893:7;
896:6,
8
higher
(71
752:9;
817:1,
12;
871:21;
943:18;
946:6
highest
(11
871:6
highlighted
11
722:8
highway
1
757:5
hill
18
658:4;
671:15,
19;
673:17,
21;
675:21,
22;
677:9,
16,
23,
24;
692:20;
694:8,
12;
699:5;
700:23;
765:22;
768:5
hills
1
773:6
hillside
1
663:10
hilly
(3
661:22;
765:5;
834:14
himself
3
844:22;
845:13;
920:16
hire
3
831:6;
851:23;
892:14
hired
13
793:13;
794:13;
799:1;
809:6;
810:14;
844:5,
6;
852:5;
865:17;
870:6,
7;
946:15
history
2
841:21;
843:2
hit
6
664:19;
701:20;
705:22;
730:22;
770:17;
874 :12
hits
cij
731:4
hoe
3
663:15;
674:8;
700:2 1
ho
1
707:24
ho
ci
3
763:2;
812:5;
867:4
holding
2
847:17;
852:19
hole
53
671:1,
5;
672:21;
CAPITOL
REPORTING
SERVICE,
INC.
POLLUTION
CONTROL
BOARD
HEARING
12/12/96
673:11;
675:18;
676:9,
20;
699:23,
24;
701:4,
14;
705:14,
15,
16,
17,
19;
707:9,
13;
708:13,
20;
714:19;
718:10;
719:3,
20,
23;
720:11,
17;
721:9,
10;
722:18,
24;
723:1,
2,
4,
9,
13,
14,
18,
21,
24;
725:6;
726:2;
729:19;
730:17,
20;
731:2,
6;
743:14;
744:6,
10;
747:12;
953:23;
958:3
holes
(201
671:5;
707:15;
708:17;
710:5;
740:18,
19;
741:4,
5,
11,
17;
742:17,
24;
744:5,
15,
17,
20,
24;
954:3;
955:15;
958:14
home
2
947:18;
950:15
honest
3
7 10:9;
828:20;
933:21
honestly
1
~iiü
hooked
(11
700:18
hope
11
779:9
hopefully
3
664:19;
753:15;
956:14
horses
1)
76918
hose
141
679:22;
720:5;
750:16,
19
hour
4
649:17;
821:7;
82 6: 10
hours
15
656:2,
3,
4;
698:10,
11,
15,
16;
703:9;
710:11;
749:15,
16;
751:10;
876:23;
878:4;
960:18
housekeeping
3
819:23;
839:23;
951:7
how’s
(1
935:10
however
6
662:1;
672:17;
771:14;
804:1;
856:20;
959:7
huge
21
709:6;
947:11
hundred
3
6?3is~
852:18;
881:7
hydraulic
14
673:9;
897:16;
898:8;
914:15
hydrogeologIst
2
681:13,
17
hydrology
2
762:15,
18
-I-
i-n-d-e—c-o
1)
795:3
i—O—5—C—O
1
8 15:16
idea
8
662:15;
729:20;
752:15;
755:10;
783:19;
813:12;
866:21;
964:9
identification
1)
7 19:8
identified
13
651:14;
715:3,
23;
727:9;
791:19;
820:2;
842:22;
860:17,
21;
863:11,
16,
18;
927:2
identifies
12
845:8,
10
identil5r
27
684:10;
685:7;
716:19;
726:13;
728:8,
19;
729:1;
755:3;
775:13;
782:8;
785:13;
788:3;
795:19;
798:6,
17;
800:18;
802:19;
809:14;
827:4;
829:2;
860:18;
861:17;
862:5;
871:6;
900:6;
902:13;
927:3
identif~ying
1
~ii~
iepa
2
785:21;
837:15
ignorance
1
802:10
ii
3
914:16;
919:2,
6
illinois
34
649:2,
5,
18;
650:5,
10,
15,
16;
652:3;
681:1;
682:12,
21;
684:11;
685:3;
712:22;
763:4,
6,
8;
785:4;
788:19;
797:17;
798:7;
806:24;
827:8;
843:6;
846:10;
858:24;
924:4,
11,
12;
927:8,
12;
939:10;
965:1,
22
immediate
11
667:15
immediately
11
667:24;
683:14;
691:13;
704:10,
15;
706:1;
743:3,
11;
809:5;
840:23;
841:24
impact
1
705:13
impacted
1
945:22
implement
5
819:11;
842:10;
845:19;
887:7;
932:6
implementation
2
904:10;
951:6
implemented
3
844:12;
846:3;
891:17
implementing
12
808:21;
905:21
important
3
704:20,
22;
705:7
imposed
2
779:4;
797:16
impossible
8
674:12;
740:12,
19;
741:5,
19;
742:1,
8,
9
impounded
cii
718:21
impoundment
1
726:4
impression
2
682:20;
780: 10
improbable
ci~
742:9
inability
1)
852:22
inactive
10
859:20;
860:1,
4,
6,
13;
861:19;
862:11,
20;
865:4,
7
~flC
3
649:8;
652:3;
965:6
inch
10)
708:22,
23;
825:4,
5,
6,
8,
11,
19
inches
5
744:16;
794:4;
825:2;
946:3,
9
incident
1
662:12
include
10
683:3;
703:14;
790:17;
814:4;
855:17;
896:3;
926:18;
932:1;
934:2;
956:4
included cs~
775:16;
818:15;
828:23;
859:7,
9;
916:14;
931:9,
10
includes
I
827:20
including
121
910:21;
931:22
incomplete
r~i
775:5;
853:18;
914:17;
916:6,
9;
918:21;
942:3;
952:9
incompletely
(2
914:9;
942:5
incompleteness
8
917:11,
19;
918:2,
12,
22;
919:22;
920:1;
927:4
incorporate
1
952:12
incorrect
3
805:18;
857:12;
879:18
incorrectly
1
882:1
increase
1
889:10
increased
2
816:18;
957: 10
increasing
11
718:11
incredible
3
876:22;
877:16,
20
indeco
(4
795:1,
3,
15;
8 52:5
indeed
2
723:8;
957:22
independent
(1
841:16
index
21
650:18;
651:1
indicate
10
670:7;
704:15;
827:22;
864:1;
873:16;
875:12;
914:16;
919:18;
931:4;
942:20
indicated
39
66 1:10;
690:24;
692:2;
693:24;
696:3;
703:13;
706:11;
710:11,
21;
711:4;
716:5;
719:12;
723:12;
732:1;
733:1;
737:9;
749:5;
756:9;
758:5;
777:16;
834:11,
14;
846:17;
847:2;
855:8;
858:20;
871:7;
879:2;
881:4,
8;
882:21;
887:10,
16;
893:17;
909:1;
910:19;
914:2;
929:15;
934:8
indicates
7
665:18;
841:15;
842:5,
8;
843:9;
845:13;
879:8
indicating
4
737:20;
881:22;
926:6;
938:20
individuals
2
815:20;
822: 15
industry
3
655:18,
19,
20
inform
1
802:4
informal
21
712:18;
935:9
information
221
731:20;
795:13,
17;
797:20;
806:11,
13;
869:3;
890:24;
895:12;
914:3,
15,
16;
916:1;
918:5;
925:13;
926:5,
13,
19;
932:16;
933:3,
4;
962:15
informed
2
802:5;
949: 13
initial
2
680:11;
813:11
initiate
2
905:7;
940:16
injunction
6
840:13;
841:22;
842:7;
843:5,
12;
84 5:18
input
3
762:3;
846:18;
855:3
inq,uire
1
832:3
inside
3
679:10;
728:3;
820:5
inspected
ji~ 678:3
inspection
36)
715:14,
15;
722:16;
724:24;
725:16;
728:24;
733:8;
735:5;
752:21,
22;
800:20;
801:2;
804:20;
805:1,
22;
806:2;
810:3;
820:19,
22;
826:9,
21,
22;
827:6,
9;
835:23;
844:19;
845:12,
14;
878:18,
21;
879:7,
20;
880:4,
12;
882:18;
964:4
inspections
3)
838:4;
842:21;
845:8
inspector
3
715:4;
728:7;
814:14
inspectors
cij
895:10
install
10
705:22;
787:6;
788:5;
791:22;
848:21;
849:13,
14;
851:9,
10,
11
installation
181
668:22;
670:18;
675:5;
697:21;
699:9;
702:12;
707:5;
708:8;
709:19;
710:3;
745:7;
747:4;
848:4;
850:17;
857:8;
864:12;
867:15;
904:1
installed
28
668:14,
17;
685:9;
693:24;
695:18,
20;
696:4,
6,
7;
734:13;
736:13,
23;
737:1;
743:11;
754:5;
755:11;
756:1;
847:2,
3;
856:23;
863:23;
864:15;
874:18;
875:19;
898:22;
902:21;
904:7;
942:5
installing
5
787:8;
848:17;
849:20;
856:17;
897:18
instance
4
691.5;
724:23;
730:23;
743:22
instances
1
845:2
instanter
1
951:10
instead
3)
664:14;
750:17;
881:22
instructed
7
82 1:2;
822:16;
826:4,
13,
23;
844:4,
10
instructions
1
802:2
insufficient
1
920:13
insurance
~ij
791:4
intended
5
711:11;
713:9;
779:10;
924:19;
928:7
intending
fl
666:1
intent
2
695:7;
807:20
intention
3
666:2;
828:22;
868:13
intentionally
2
801:16;
882:22
intentions
1
911:5
CAPITOL
REPORTING
SER’ACE,
INC.
POLLUTION
CONTROL
BOARD
HEARING
12/12/96
interested
4
669:8;
694:3;
867:16;
905:13
interior
3)
814:12;
817:22,
23
interject
jij
815:21
intermediate
41
765:12;
797:24;
888:23;
902:10
intermittent
21
773:12,
23
interpose
1
814:19
interpretation
6
835:9;
879:13,
18,
19,
22;
880:2
interpreted
1
694:20
interrupt
1
714:17
intrinsic
1
928:15
introduction
1
803:24
investigate
2
722:17;
742:2
investigation
4
897:19;
903:12,
15
invite
1
742:5
invoice
41
854:16;
885:2,
3
involved
25
662:12;
670:17;
691:5,
23;
698:8;
735:22;
737:13;
775:7;
786:20;
787:4;
788:8,
11;
790:22;
791:13;
826:1;
849:9;
851:16,
17;
854:18,
21;
855:8,
13;
856:16;
883:11;
965:13
involvement
2
668:21;
7
19:19
involves
1
855:11
involving
1
930:5
iosco
(1
815:16
iowa
31
654:16,
20;
676:22
irregardless
1
956:14
island
5
652:11,
18;
679:18;
763:15;
927:6
isle
1
679:22
issuance
4
758:20;
784:11;
886:14;
931:13
issue
22
656:5;
776:22;
811:24;
813:2;
815:2;
831:19;
832:5;
837:10;
846:16;
902:5;
909:17;
919:21;
920:21;
923:2,
14;
930:8,
22,
23;
936:11;
940:12;
943:9
issued
42
654:6;
703:21;
706:5;
758:10,
18;
775:8;
783:5,
9,
20;
784:13;
789:7,
9,
13,
23;
796:2,
6;
798:18;
803:2,
4;
804:2;
806:3,
6,
23;
808:1,
2,
17;
809:7;
822:8;
825:18;
841:23;
842:15;
847:6;
882:12;
884:23;
896:16;
897:4,
10;
903:1,
14;
920:2;
928:24;
933:15
issues
11)
775:7;
776:11,
15;
778:6;
784:19;
792:22;
832:3;
925:4;
928:8;
935:4;
936:4
issuing
1
931:20
items
2)
780:3;
927:23
itself
2
834:23;
869:1
jack
1
791:3
james
7
720:2,
13;
799:19;
800:21;
805:3;
807:17;
878: 19
january
4
870:12;
929:1;
959:6;
960:20
jcb
ti
702:3
jensen’s
2
676:21,
24
jerry
5
684:12;
737:19;
798:8;
835:21;
882:8
jewel
3
681:13, 24;
712:21
jim
8
726:15;
733:8;
735:4;
737:19;
750:8;
751:12,
23;
835:24
job
~4
689:2;
702:11;
717:23;
745:16
joe
33
651:9;
663:7;
710:3;
725:16;
738:4,
7;
740:23;
741:1,
3;
746:14,
15,
16;
756:2,
19;
822:20;
826:4,
6,
23;
837:22;
838:3,
12;
844:3,
5;
845:16;
939:20;
940:1,
11,
12;
942:15;
947:6;
958:13
JO
1
715:13
Jo
n
6)
651:2;
894:12,
13,
20;
905:13;
906:9
joint
2
791:21;
796:10
jointly
(2
769:1;
859:13
jones
(161
650:22;
681:11;
737:19;
760:19,
20;
761:2;
780:6;
801:16;
804:5;
823:18;
833:5,
8;
845:1;
846:12;
894:8;
949:10
joyce
12
651:6;
681:16;
683:14;
923:11,
15,
19;
924:2,
14;
928:22;
930:5;
934:24;
939:9
judge
1~)
736:4;
796:2;
840:17;
841:23;
842:4;
896:23;
906:16
judge’s
21
796:6;
841:4
judging
1
692:12
judgment
1
905:5
july
9
687:13;
745:9,
10;
761:10;
850:2;
948:13;
953:12;
956:24
jump
1
702:13
june
10
663:3;
732:23;
740:2;
789:10,
13;
790:1;
793:17,
20;
905:10
junk
1)
746:3
k44
1
863:16
kammerman
1
944:16
kanimueller
31)
720:3,
13;
726:15;
733:9;
750:8;
751:23;
768:15;
799:19;
800:21;
801:1,
9;
805:4,
16;
807:17;
809:2;
816:6;
823:20;
824:8,
13,
24;
826:21;
827:7;
828:2;
830:13;
831:3;
835:24;
837:18;
839:4,
8;
878:19;
880:5
kammueller’s
4
879:2,
6,
20;
882:18
keep
14
662:18;
688:20;
728:6;
752:9;
753:18;
755:7;
797:11,
19;
817:11;
826:11;
897:16;
904:22;
955:8
keeping
1
952:17
keeps
1)
838:5
keith
(9
681:12;
712:21;
713:2;
748:4,
13;
85F.18,
19;
852:21;
921:12
kelly
7
675:24;
676:2,
3,
4,
5,
10
ken
8
909:1;
910:22;
913:20;
914:20;
916:24;
921:22;
928:7;
961:3
kenneth
3
651:4;
908:15,
20
kept
8
656:7;
686:19;
797:13;
799:10,
11;
800:5,
7,
10
kicks
1
727:23
kids
(1
956:6
kind
21
655:21;
666:9;
668:6;
681:23;
713:1;
715:13;
719:16;
720:19;
761:24;
768:4;
771:11;
773:19;
811:6;
849:16;
871:10,
15;
886:20;
956:13;
961:4;
962:5;
963:20
kindness
1
858:15
knock
2
672:17,
18
knowing
3
885:5;
892:15;
954:24
knowledge
12)
655:11;
678:23;
679:3;
725:4;
736:24;
737:2,
4;
743:13;
744:24;
745:6;
953:22;
956:22
knowledgeable
1
7 12 :24
known
4
678:7,
10;
863:5;
891:6
knows
4
738:13;
826:4;
839:17;
961:12
krishna
1
681:15
lab
8)
686:3;
828:24;
868:24;
869:2,
14;
884:1,
17
laboratory
1
795:15
laborer
11
702:9
laborers
~
677:11;
756:3,
20
labs
1)
721:6
lack
6
812:7;
863:12;
865:8;
866:9,
11;
956:8
lacked
1
857:18
lacking
1
656:8
laid
1
728:1
lake
1
657:20
land
8
756:2;
764:10;
812:23;
813:2,
5,
11;
890:16;
924:3
landfill
221
653:16;
654:2,
6;
656:22;
657:2,
23;
658:3,
17;
659:3;
660:4,
8;
661:15,
17;
666:6,
20,
22;
667:10,
11;
668:14;
670:14;
671:2;
672:2;
677:5,
6;
678:7,
10,
14;
680:2;
684:18;
685:13,
14;
687:5;
689:14;
690:1,
13,
18;
681:1;
693:7,
16;
695:1;
699:4;
703:21;
708:5,
6;
709:10;
710:12,
17;
714:19;
715:1,
5,
11,
20;
717:13;
718:5;
724:5,
7,
12,
14;
725:5,
7;
728:9;
729:13;
730:15;
731:5;
732:11,
15;
737:7;
738:8;
739:10;
745:16;
746:20;
756:4;
761:15;
763:13,
14;
764:5,
6,
7,
9,
10,
24;
765:8,
17;
766:7;
167:4,
6,
9,
13,
14,
17;
770:7;
771:2,
9,
24;
772:19;
773:9,
11,
16;
775:18;
782:11;
785:16;
786:10,
18,
20;
787:5,
10,
22;
788:6;
791:14;
797:12;
798:14;
799:12,
20,
24;
800:4,
9,
15,
21;
810:17,
19,
21;
811:6;
813:8;
815:22;
816:17,
23;
818:4,
21;
822:15,
24;
823:9;
824:16;
827:1;
833:24;
834:9,
13,
18,
23;
835:13,
15;
837:23;
845:24;
846:10;
847:14,
20;
856:22;
858:22;
859:5,
20;
860:21;
861:24;
863:17;
864:10;
866:20,
23;
870:9,
19;
871:3,
22;
872:1;
873:11,
21;
874:5,
7,
14;
876:12;
886:23;
887:6,
18,
20;
888:2,
4,
11;
889:11,
12,
14,
16;
890:10;
891:3;
893:1,
11;
894:24;
895:5,
11,
13,
20;
896:4;
897:5,
15,
19;
898:13;
899:4,
7;
900:4;
901:24;
902:10;
905:7,
11,
15;
927:6;
929:11;
939:14;
940:22;
941:3;
943:13,
16,
20;
945:18;
946:11,
17;
947:19;
948:8;
949:21;
950:2;
953:13;
954:23
landfilled
1
662:2
landfilling
4
659:2;
849:15;
865:20;
-K-
CAPITOL
REPORTING
SERVICE,
INC.
POLLUTION
CONTROL
HOARD
HEARING
2/12/95
663:22;
728:7;
748:19
landfills
(4
689:5;
786:21;
889:3,
4
lands
11
819:4
large
8
693:9,
10;
726:10;
746:4;
791:9;
811:14;
819:2;
890:3
last
36)
659:19,
22,
23;
660:12;
676:16;
679:12;
681:6;
683:19;
700:23;
739:23;
772:10;
795:2;
821:7;
852:15;
861:8;
865:3;
873:10;
877:17,
22;
878:9;
888:21;
908:17;
912:8;
913:21;
921:10;
939:2,
22;
947:23;
948:6,
9;
949:23;
951:9;
952:2,
18;
958:12;
963:12
lasted
1
876:24
late
15
674:19;
678:17,
24;
679:1,
2;
700:8;
734:13;
744:8;
940:14;
946:10;
948:12,
13;
953:12;
954:23;
956:24
later
6
734:11;
748:13;
803:16;
826:10;
934:9
latest
1
679:5
latter
1
940:8
law
2
650:8;
790:19
lawley
2
791:3,
4
lay
1
709:6
layer
1
794:4
layout
1
679:14
leachate
54
729:17;
730:5;
795:2 1;
796:3,
16;
831:8,
12;
840:4,
22;
841:5,
14,
24;
842:10,
16,
19,
21;
843:6,
8,
10,
24;
844:9;
845:2,
8,
20,
24;
846:4,
7,
9,
11,
14;
847:4,
10,
11,
16,
21;
848:6,
15,
18,
21;
850:21,
24;
851:8,
9,
10;
852:14,
19;
886:24;
887:3,
5;
897:18;
899:21,
24;
932:20;
933: 13
lead
1
681:12
learn
1)
781:18
learning
1
691:13
least
16
652:6;
658:11;
665:17,
19;
674:4,
18;
749:10;
750:9;
779:9;
785:3;
866:8;
944:1;
949:4;
951:4;
961:20;
963: 18
leave
12
677:21;
703:2;
705:12,
19;
709:2;
740:19;
741:3;
748:18;
761:9;
920:23
leaves
(1
787:18
leaving
(131
705:10;
816:7,
11;
821:3;
824:20;
826:3,
7,
8,
12;
881:19;
891:19;
897:17
left
281
666:8;
672:1;
675:6,
18;
677:13;
678:2;
682:20;
683:16;
699:24;
700:17;
701:4;
708:20;
709:3;
713:2;
740:18,
22;
741:5;
745:1;
754:2;
824:8;
856:14;
909:16;
912:4,
8;
947:17;
953:23;
954:2
left—hand
(3
717:3;
753:4;
755:5
legal
31
650:14;
793:4;
939: 10
less
3)
786:15;
911:3;
924:9
letter
34)
680:19,
21;
682:22;
775:8;
781:4,
21;
807:18,
20,
24;
808:1;
842:4,
13,
15;
919:22;
920:1;
926:6;
927:4,
18;
937:4,
9,
16,
19,
23,
24;
938:1,
7,
8,
10,
13,
15,
19;
939:12;
944:19
level
10
661:1;
662:19;
664:2;
669:9;
671:18;
673:10,
18;
718:8;
772:5;
864:18,
19,
21,
23;
870:24;
871:2;
904:21
levels
2
731:1;
770:16
license
4
655:1,
2;
763:10;
965:16
licensed
1
924:10
licenses
2
763:2,
5
lieutenant
1
652:10
life
1
774:13
lift
5
860:2,
7;
861:18,
19;
889:15
lightning
1
675:21
likely
3
848:13;
957:17,
18
limbs
1
746:3
limited
3
694:18;
827:20;
86 1:12
limits
2
694:24;
893:10
line
16
664:8,
9;
696:8;
697:6,
11;
725:8;
737:2,
3;
746:17,
19,
23,
24;
767:2;
824:15;
830:9;
945:1
liner
17
662:3;
692:11;
715:13;
717:4;
727:18,
24;
728:3;
813:7;
888:24;
902:22;
903:2,
9,
11,
15
liners
2
888:20;
889:1
lines
5
660:6;
727:21,
23;
833:15;
876:18
liquid
1
730:6
liquids
(1
729:18
liss
17
651:4;
908:15,
19,
20;
909:15,
22;
910:5,
12,
14,
22;
911:10;
921:15,
22;
922:20,
21;
928:7;
929:15
liss’
1
910:8
liss’s
(1
961:3
list
(191
720:4;
504:16;
827:10;
860:17;
884:10;
904:5;
908:11;
916:16;
930:10,
13,
14;
931:2,
11;
951:10,
15,
18;
952:9,
11,
14
listed
11
870:23
listening
1
951:23
liter
1
881:10
litigation
‘I
896:21
litter
(11
723:1,
3,
16,
17,
19;
724:17,
19,
21;
725:5,
14;
7 57:16
little
171
654:22;
657:17;
673:14;
677:12;
713:8;
726:23;
736:21;
746:2;
747:18;
762:5;
764:14;
808:18;
820:9;
849:9;
946:6;
957:10
load
5
671:17,
19;
676:7;
702:3,
14
loaded
2)
677:22;
704:10
loads
1
692:16
loaned
1
858:2
local
~
810:14;
847:19;
865:18;
906:1
located
20
680:2;
690:1,
10,
13,
18;
693:6;
695:14;
715:9,
19;
722:6,
19;
755:4;
763:13,
14;
838:11;
839:18;
899:18;
900:2,
3;
943:12
location
9
699:2;
700:4;
716:20;
741:11;
746:12;
772:6;
813:4;
861:18;
944:5
locations
3
860:22;
861:16;
890:11
log
4
684:12;
722:16;
798:8;
838:5
logged
1
931:5
logs
2
835:21;
836:4
long
20
654:8;
667:3,
13;
673:24;
682:22;
686:5;
718:20;
720:22;
740:11;
761:7;
771:14,
16;
772:11;
821:18;
851:7;
884:6;
895:16;
924:4;
956:8;
960:20
long-term
1
887:2
longer
4
728:2;
856:21;
872:7;
889:7
look
451
656:14,
17;
694:22;
696:18;
714:15;
715:17;
716:3;
721:13,
19;
725:1;
733:7,
12;
752:18;
754:10;
755:12,
20;
773:9;
777:5;
789:15;
799:21;
800:17;
803:22;
809:13,
17;
815:1;
826:6,
24;
827:1,
13;
828:14;
844:8;
845:14;
856:7;
864:7;
868:24;
871:5,
8;
873:3,
15;
885:4;
904:9,
14;
918:15;
928:5;
935:10
looked
161
663:8;
697:15;
698:1,
20;
730:19;
732:11;
781:3;
784:24;
798:12;
816:8;
826:7;
842:21;
867:3;
877:24;
883:23;
885:1
looking
29)
669:20,
23;
713:1;
733:13,
20;
770:22;
778:17;
779:15;
781:22;
791:20;
802:11;
809:24;
826:11;
841:12,
20;
847:20,
24;
856:8;
861:17;
867:17;
869:21;
870:17;
871:17;
873:13,
17;
887:24;
933:24;
934:10;
962: 14
looks
8
732:13;
733:14,
21,
22;
756:13;
782:19;
922:8,
10
loosely
1
837:24
lose
3)
692:20;
735:21;
902:6
lost
~
664:4,
5;
637:8
lot
59
669:2;
673:21;
676:13;
689:10,
11;
692:7,
8;
693:14;
696:12;
697:3;
702:8;
703:4;
704:18,
23;
710:7,
8;
713:6;
733:4;
742:21,
22;
751:4;
752:18;
754:8;
761:18;
762:3;
763:22;
766:1;
770:4;
773:17;
774:2;
791:23;
794:7,
9;
795:10;
797:18;
806:17;
809:3;
810:24;
811:24;
813:23;
818:1;
822:20,
22;
855:2,
3;
857:14;
863:17;
865:15,
17;
866:24;
869:4;
871:8;
874:6,
12;
888:8;
956:12;
962:10
lots
1
948:8
loud
1
815:8
low
5
664:15;
674:9;
718:24;
794:3;
829:2
lower
1
847:12
lunch
2
677:2;
833:1
ma’amn
5
692:4,
8;
694:10;
696:17;
953:1
machine
6
663:16;
672:16;
674:1,
5,
10;
701:4
made
43
652:12;
677:11,
20;
683:1;
686:12,
17;
712:13;
720:4;
729:5;
730:14;
741:1;
751:24;
780:6;
804:6;
829:9;
830:14;
836:8;
845:9,
10;
847:5;
851:21;
873:11;
875:9;
876:17;
878:24;
901:9;
906:5;
917:2,
4;
925:8;
926:10;
928:9;
933:17;
936:13;
937:12;
942:16;
946:23;
949:9,
21;
950:7,
10;
954:10;
955:10
mail
41
685:2;
959:10;
960:4,
22
mailed
3
801:7;
917:24;
959:6
main.
(41
679:17;
681:13;
682:14;
897:9
maintain
6
656:3;
734:17,
19;
763:10;
798:20;
866:16
maintained
2)
842:20;
927:11
maintaining
4
865:10;
CAPITOL
REPORTING
SERV1CE,
INC.
POLLUTION
CONTROL
BOARD
HEARING
2/12/1)6
866:3,
6;
887:17
maintenance
3
734:16;
837:23;
838:14
major
51
739:23;
811:3;
854:11,
12;
896:13
majority
4
667:19;
668:8;
738:23;
739:11
man
ii
672:15
manage
1
653:21
management
33
668:10,
13,
22;
703:22;
737:22,
24;
742:16;
747:4,
5;
784:16;
786:9,
19;
788:6;
789:8;
791:19;
792:24;
793:14;
820:16;
831:8,
9,
11;
848:10,
17,
20;
855:18;
856:11,
17,
19;
857:10;
859:16;
887:14;
933:13
manager
15
653:16,
19;
654:24;
696:15;
703:13;
730:5;
737:13;
741:9;
796:13;
800:4;
838:1;
841:10;
869:15;
918:6;
924:3
managing
1
703:14
manner
2
682:11
manufacture
1
676:22
manufacturer
1
904:4
many
32
656:1;
662:11;
666:23;
698:16;
700:22;
701:1,
3,
6,
7;
706:13;
725:9;
738:7;
762:15;
755:2;
759:7;
771:13;
778:18;
856:20;
859:19,
22;
861:6;
865:21;
883:10,
12;
889:11;
891:18;
897:8;
899:16,
23;
919:21;
938:11;
949:1
map
43
656:16,
17,
19;
715:17;
716:6,
19;
764:4;
768:7;
770:18,
23;
771:9;
860:16,
19,
20,
24;
861:1,
13,
17;
864:4;
867:6;
871:7,
11,
15,
16,
18,
20;
872:9,
24;
873:7;
876:11,
13,
19,
21;
677:2,
22,
24;
878:3;
888:6;
889:17;
890:2,
8
maps
(3
715:22;
870:7;
876:1
march
1
784:15
mark
3
768:11;
769:3;
77 1:4
marked
22
656:13;
658:5;
665:6;
669:24;
684:8,
9;
685:6;
694:22;
768:14;
775:12;
782:7;
788:2;
795:18;
798:5;
800:18;
802:18;
809:13;
827:3;
870:21;
876:19;
900:6;
926:24
marks
1
768:23
martens
4
684:13;
798:9;
835:21;
836:5
marvin
1
944:16
mast
8
671:4;
672:9,
18,
24;
673:4;
674:16;
675:19;
676:4
master’s
1
762:13
material
24
689:9;
692:18;
729:9,
16;
746:1;
755:13,
14;
818:8;
865:3;
874:6,
10,
13,
15,
16,
22;
875:17;
888:9,
15,
20,
23;
889:1;
893:1,
11,
15
materials
3
654:24;
655:20;
689:11
matter
16
652:7;
669:1;
727:4;
868:17;
895:7;
909:3;
914:2;
927:1,
3;
928:18;
929:19;
935:17,
22;
941:4;
944:5;
951:7
matters
3
682:1;
830:5;
928:17
maximum
9
749:13;
870:8,
18;
871:3,
22,
23;
873:18,
20;
893:9
mba
1
654:22
mcswiggin
(1
808:2
mean
53
653:18,
24;
654:1;
657:15;
658:3;
665:1;
669:1;
672:19;
679:1;
696:13,
24;
697:11;
701:3;
704:18;
721:12;
724:15;
727:5;
731:4;
734:21;
735:18;
738:17;
742:6,
8;
752:8,
18,
19;
755:13;
759:6;
772:5;
777:1;
823:6;
828:19;
845:7;
870:24;
871:2;
872:11,
16;
873:1;
875:21;
876:22;
879:22;
880:17;
893:6;
911:10;
914:13;
918:3;
921:6;
927:24;
939:9;
946:20,
21;
956:22
meaning
1
954:6
means
2
711:10;
917:12
rnean.t
2
885:13;
924:22
measure
3
743:7;
772:3;
8 16: 11
measurement
3
815:13,
14;
816:7
measures
7
319:12,
1’?;
843:24;
845:20;
846:2;
904:16;
905:2 2
measuring
1)
815:15
mechanism
1
791:7
mechanisms
1
791:20
meet
8
682:5;
761:19;
791:7;
794:18;
900:1.4;
916:2;
933:8,
9
nieeting
381
680:24;
681:2,
5,
8,
10,
20;
711:13,
24;
712:5,
7,
9,
10,
20;
713:5,
12,
18;
747:21;
748:2,
5,
7;
808:10,
12;
809:1;
829:5;
830:2,
6,
14;
832:1,
11;
851:6;
852:11;
924:15,
19,
22;
925:1,
20;
932:15;
934:4
meetings
2
781:6,
10
mehalic
1
725:15
mehalic’s
1
964:3
melt
3
825:4,
5,
8
member
2
737:24;
925: 18
members
1
951:22
memo
2
911:7;
921:21
mention
7
741:1;
831:22;
838:11,
12,
18;
943:3;
951:21
mentioned
6
838:9;
850:12,
16,
18;
866:14;
880:10
mercaptan
1
707:20
message
1
683:16
met
3
663:7;
775:6;
781:2
meter
1
865:21
meters
2
816:2,
S
methane
6
705:17;
786:13;
787:14,
17,
20,
21
method
(2
835:3;
847:21
methods
2
806:16;
8 14:3
metro
(1
899:14
michelle
1
650:13
michigan
5
761:12;
762:8;
763:4,
7;
786:22
mid
4
734:13;
804:21;
926:10;
945:22
middle
18
675:17;
678:7,
14;
695:14;
696:11;
697:1;
733:15,
21;
736:20;
764:22;
791:2;
795:4;
821:9;
824:15,
23;
848:12;
881:2;
945:12
might
30
678:16;
710:21;
716:13;
720:13;
730:1,
5;
737:6,
9,
20,
21;
740:23;
749:22;
760:4;
769:22,
23;
770:18;
772:10;
773:5;
774:3,
10,
11;
777:5;
812:5;
821:7;
871:11;
922:19,
20;
938:10;
955:6
mile
3
763:18;
891:2,
3
milliliters
2
822:1;
88 1:7
million
3
790:3,
6;
791: 11
millions
1
889:12
milwaukee
2
799:2;
92 1: 12
mind
2
830:4;
922:16
minimize
3
818:11,
20;
89 1:22
minimum
2
794:17;
89 1: 19
minor
3
854:10;
896:11;
923:2
minute
13
721:23;
752:24;
768:13,
18;
809:23;
823:14;
848:15;
877:17,
22;
880:19;
907:9;
920:8;
922:17
minutes
6
672:22;
674:2,
13,
17;
681:24;
687:20
missed
1
793:8
missing
1
964:3
mississippi
(41
763:15,
19;
766:8;
773:21
mistaken
2
680:12;
780:10
mixing
1
936:3
mixture
II
820:9
mobile
2
672:16,
20
mod
81
680:5,
7,
23;
682:10,
13,
23;
683:7,
21;
711:17;
712:12;
713:15;
716:12,
13;
747:22,
24;
774:17;
775:22;
776:5,
7,
22,
23;
778:5,
22;
779:7;
780:21;
781:13,
16;
782:3,
6;
784:7;
820:14,
15,
17,
18;
830:24;
831:3,
12;
846:18;
847:6;
849:1,
3;
850:8,
20;
851:7,
15;
852:1,
16;
853:6,
13,
15,
20;
854:19;
855:6,
9,
17,
21;
872:12;
873:24;
875:8;
890:1,
6;
909:6,
15,
21;
910:21;
913:22;
914:7,
21;
915:19,
23;
916:21;
917:1,
2,
10,
18;
919:7;
924:21;
932:15;
934:17;
938:11
mode
1
672:8
models
1)
682:2
modification
16
775:16;
818:16;
847:6;
872:11;
887:5;
925:8;
926:9,
23;
927:5;
929:12;
933:1,
12;
934:1;
937:1;
938:9
modified
1
802:22
mods
2
762:4;
777:18
moisture
4
772:13;
869:5,
7,
9
moment
2
797:2;
934:24
monday
3
940:21;
941:12,
14
money
4
704:23;
706:22;
792:22;
854:14
monitor
14
801:11,
13;
802:7;
804:19,
23;
845:20;
846:4;
880:1;
882:24;
883:13;
930:15;
931:1,
10,
15
monitorable
2
881:15,
20
monitored
5
842:20;
879:8,
12,
15;
882:12
monitoring
47
682:2;
685:9;
686:2,
4;
762:3;
783:20;
784:5;
797:22;
802:14;
804:21;
806:8;
830:23;
83 1:2;
846:9;
878:24;
879:1,
4,
23;
883:15;
897:22;
915:3,
10,
17,
23;
916:5,
11,
15,
16;
929:9,
10,
16,
17,
21;
930:1,
8,
12,
14,
18,
19;
931:9,
17,
22;
932:1,
2,
8,
20;
938:3
month
4
666:12,
14;
683:10;
750:2
month’s
1
759:1
monthly
1
676:15
CAPITOL
REPORTING
SERVICE,
INC.
POLLUTION
CONTROL
BOARD
HEARING
12/12/96
months
(121
659:1;
667:18;
668:1;
712:7;
720:23;
749:6;
792:6;
845:5,
6,
14;
876:21;
935:1
morning
10
675:14;
676:17, 20;
678:3;
679:1;
708:20;
800:15;
839:5;
940:6,
21
morning’s
1
677:13
most
25
654:7;
704:3;
765:13;
766:4;
767:17;
769:20,
24;
773:5;
776:3;
799:7;
817:5;
819:24;
820:3,
13;
823:6;
825:17,
23;
848:13;
855:7;
885:1,
3;
889:3;
895:21;
949:9
mostly
5
765:10;
769:17;
896:12;
946:24
motion
(8
652:10,
23;
961:4,
18;
962:6,
8,
18;
963:4
motions
1
96122
mounded
2
752:6,
8
move
35
659:4;
661:2;
672:14,
15;
674:5,
10,
12,
18;
678:6;
680:4;
686:22;
688:8;
702:6;
716:6;
724:15;
779:13,
23;
780:16;
785:23;
832:19;
863:19;
874:22;
875:19,
20,
22;
876:5,
6;
878:5,
12,
17;
889:8;
923:8;
927:14;
961:10;
962:24
moved
11
657:6;
658:1;
660:20;
672:21,
23;
674:1,
6;
692:22;
724:4,
13,
15
moving
6
673:3;
689:21;
699:18;
754:2;
874:16;
878:18
msl
2
870:23,
24
much
30
662:23;
677:10;
692:21;
705:18;
719:15;
720:17;
736:4,
9;
755:14;
759:20;
764:7;
772:13;
792:21;
815:6;
822:2;
853:5;
862:10;
865:23;
880:19;
889:6,
8;
891:2;
892:20;
925:9;
945:16;
947:24;
948:5,
6;
959:21;
964: 18
mud
33
818:3,
11;
820:9
muddy
5
677:10;
734:5,
20;
755:17
muffler
2
904:4,
5
mufflers
2
904:7,
8
mume
7
651:6;
681:16;
683:14;
923:11,
19;
924:2;
928:8
must
2)
935:20;
961:23
myself
5
663:12;
681:11;
796:10;
822:13;
841:7
-N-
761:1;
791:3;
822:20;
838:19;
894:18;
923:24;
924:2;
944:16
narrative
2)
722:9;
723:7
natural
8
659:15;
661:20,
23;
707:20;
723:20;
763:23;
771:12;
787:15
nature
1
813:22
near
6
663:21;
686:12;
733:4;
746:22;
757:3;
833:15
nearest
1
898:22
nearly
3
665:3;
841:22;
851:5
necessarily
12
660:5,
19;
673:6;
728:22;
717:20;
784:4;
814:20;
821:9;
863:4;
874:24;
889:6,
24
necessary
4
761:21;
842:23;
848:18;
851:24
need
25
652:16;
659:7;
660:23;
706:16;
723:6;
755:14;
778:9;
787:6;
819:22;
840:2;
847:9;
848:19;
875:20;
889:5,
14;
903:4;
929:8;
951:21;
952:20;
960:7,
24;
961:3,
16;
963:11,
22
needed
21
660:21;
661:5;
669:10,
12;
713:3,
7;
725:2;
791:19;
810:8;
819:13;
839:3;
847:8;
849:13;
851:10;
852:15;
854:4,
7,
9;
864:14;
868:19;
889:23
needing
11
910:24
needs
3
689:9;
734:16;
863:10
negate
(2
779:17;
780:3
negotiated
1
832:14
negotiating
2
792:9,
15
negotiation
11
830:3
negotiations
10
792:1,
3,
7,
16,
18,
19;
793:21;
830:5;
831:21
neighbor
2
685:15;
7 37:11
neighboring
1
741:24
neighbors
6
738:19;
761:19;
770:17;
842:1;
955:17;
956:12
neither
3
706:4;
935:8
nelson
1
904:5
nested
1
685:21
never
27
669:7;
708:21;
739:3;
741:20;
798:13;
801:7;
802:15;
803:2,
3;
804:2;
806:3,
6;
807:6,
21;
824:24;
836:9,
10;
839:20;
843:16;
858:3;
878:24;
946:5;
956:22;
961:2
new
25
664:10;
674:21;
758:17,
20;
778:4;
790:4;
791:4;
793:6,
7;
806:23;
808:12;
826:18;
829:22;
850:8;
875:8,
11;
882:4;
883:12,
14,
22;
884:23;
891:11;
898:8;
938:2;
943:17
next
16
672:21;
675:9,
14;
678:3;
679:8;
701:22;
708:20;
749:16;
760:17;
778:21;
785:5;
801:13;
867:4;
946:13;
947:18,
21
nice
3
858:18;
951:11,
12
nicole
1
737:18
night
27
671:24;
674:19;
677:16;
678:8,
11,
14,
17,
24;
698:9,
14;
699:14,
21,
24;
700:1,
8,
16;
701:2;
703:5,
8;
704:16;
710:19,
22;
711:7;
730:8;
947:12,
18,
20
nightmare
1
728:17
nights
4
698:16;
700:22;
701:1;
708:16
nikki
5
709:15;
800:13;
822:14;
825:22;
828:19
nine
5
680:16;
681:21;
682:14,
20;
916:12
nitrogen
1
786:14
noble
11
794:24;
795:10,
14;
860:20;
861:1,
11;
867:7,
12;
868:6;
889:20;
890:8
nobody
2
676:15;
802:14
noise
1
904:2
non
1
718:1
nondisposal
1
7 15:6
none
2
709:3;
958:23
nonwaste
26
660:1,
11,
16;
714:21,
23;
715:8,
9;
717:12,
20;
719:7;
721:15;
722:19;
726:3,
5,
17;
727:1,
13,
20;
728:24;
729:4,
10;
730:9,
12;
748:17;
748:18;
752:2
nor
4
928:16;
935:8,
9;
965:13
north
27
658:16;
659:18;
660:6;
661:24;
662:1;
667:9;
679:19;
695:1;
715:11;
722:20,
22;
764:15,
19;
765:5,
23;
766:8,
10,
11;
767:2;
769:9;
770:2;
771:1;
772:19;
834:9;
862:2;
891:5;
955:3
north-south
2
766:3,
4
northeast
13
657:7;
658:23;
659:15;
660:4,
6;
666:21;
671:2;
693:18;
715:10;
770:8;
771:10;
873:5;
888:8
northern
5
722:18;
723:4,
10,
24;
732:15
northrup
158
650:7,
8,
19,
20,
22,
23;
651:2,
5,
7,
8,
10,
12,
13;
652:4,
6,
9;
653:4,
9;
665:23;
669:19;
686:22;
687:15,
22;
688:5,
8,
10,
13;
697:17;
705:1,
3;
710:16;
714:9;
716:8,
15;
722:13;
742:13,
15;
757:24;
760:11,
13,
19,
24;
768:15;
775:24;
776:17;
777:6,
9,
11,
24;
778:7,
14,
20;
779:22;
780:1,
6,
17;
782:21;
785:12,
23;
788:23;
796:18;
803:7,
13,
18,
21;
804:6;
810:1,
4;
814:24;
830:10,
11;
831:24;
832:22;
835:19;
836:7,
11;
855:22;
870:15;
876:10;
877:4,
10,
14;
878:12;
885:23,
24;
886:3;
892:7;
893:16;
894:5,
10,
12,
17;
904:24;
906:22,
24;
907:7,
15;
908:2;
909:13;
910:3,
8,
10,
11,
16;
911:4,
6,
13;
912:6,
15,
19;
917:15,
17;
920:4,
15;
921:5,
21,
24;
922:3,
5,
10,
23;
923:12;
927:20;
932:12,
14;
934:19;
936:15,
16,
18;
939:5,
17;
942:10,
12;
948:4;
950:9,
18;
951:3;
952:8,
15;
953:7;
955:19;
958:11,
16;
959:11,
17,
19,
21,
24;
960:6,
18,
21;
961:1;
962:5,
16,
19;
963:9,
12
northrup’s
3
733:2;
882:22;
959:9
northwest
19
657:6;
658:22;
659:16;
661:14;
666:20;
690:1,
11;
693:18;
694:9,
12;
732:16;
746:20;
766:13;
767:20;
811:18;
833:17;
834:12;
862:4;
866:23
notary
1
965:18
notations
1
950:6
note
1
949:24
noted
4
714:23;
715:2;
717:22;
845:3
notes
2
945:10;
965:10
nothing
4
682:23;
926:6;
950:20;
958:8
nothing’s
11
772:12
notice
7
649:16;
717:1;
802:21;
807:20;
920:12;
947:11;
955:15
noticed
2
711:2;
954:22
notification
2
886:20;
917:24
notified
2
909:22;
917:22
notif~r5
747:23;
886:16;
934:11,
15;
937:21
notre
1
896:10
november
20
69 1:4;
712:4;
732:23;
779:3;
785:6;
853:23;
878:9;
887:11;
903:13;
908:7;
917:5;
935:5;
945:3,
9,
11,
12;
946:10;
948:16,
20,
22
npdes
34
658:7;
659:7;
686:2;
690:4;
694:15,
23;
754:18;
758:6,
10;
759:3,
15;
798:18;
801:12;
802:22;
804:2,
23;
806:8;
807:3,
8;
808:12;
825:14,
17;
827:19;
835:7;
837:8;
879:14;
880:22;
883:12;
884:7;
885:3,
12;
886:6,
10;
89 1:11
nail
1
811:14
name
10
653:10;
658:12;
CAPITOL
REPORTINC
SERVICE,
INC.
POLLUTION
CONTROL
BOARD
HEARING
2/12/96
number
45
~
658:12;
687:3;
703:24;
704:5;
714:7,
16;
716:7,
18;
720:19;
739:6;
744:7;
753:2;
754:16,
24;
768:21;
775:13;
780:19;
783:3;
784:24;
785:1,
8;
786:6;
789:5;
190:4;
300:18;
801:12;
804:13;
807:2;
808:20;
809:17;
827:13;
828:14;
835:20;
845:4;
865:24;
868:18;
870:22;
876:14;
877:13;
891:14;
908:13;
928:11,
21;
931:13
numbers
(10
771:10;
861:15;
862:5,
6;
871:8,
16,
18;
873:18;
898:5;
952:10
numerous
3
829:11;
946:23;
947:4
nutshell
1
743:1
-0-
oath
41
823:18;
908:18;
939:22;
952:24
object
16
665:21;
674:21;
678:18;
756:5;
776:10;
790:8;
804:3;
805:10;
830:1,
8;
831:18,
22;
832:16;
909:13,
14;
927 :20
objected
4
912:4,
5;
913:13;
920:10
objecting
1
909:23
objection
1211
686:24;
688:12;
705:1,
3;
776:9;
778:3;
782:23;
786:1,
3;
789:1;
796:21,
23;
803:10;
814:20;
832:8;
876:9,
10;
878:15;
908:3;
923:13;
927:17
obligation
1
858:11
observation
1
725:10
observe
4
699:17;
700:12;
708:19;
947:18
observed
(91
706:6;
707:11;
722:20,
22,
24;
723:3;
773:22;
774:13;
880:4
observing
2
725:2 1;
735:1
obtain
10
656:9;
779:13;
790:12,
23;
802:4;
824:8,
12;
848:15;
869:2;
890:3
obtained
3
~
824:13,
14
obvious
21
664:12;
829:1
obviously
11
662:2,
7;
663:10;
665:1;
671:13;
675:20;
693:13;
725:1;
734:20;
876:14;
920:12
occasion
3
675:4;
737:15;
950:4
occasionally
1
817:11
occasions
7
703:7;
750:9;
810:16;
823:7;
946:23;
947:5;
949:6
occupation
1
923:24
occur
(1
942:9
occurred
5
686:13;
703:8;
749:6;
896:22;
945:4
occurring
2
771:12;
883:1
occurs
(2
915:16;
947:7
october
35
660:2;
712:13;
715:3;
718:23;
728:16,
20;
745:11;
779:16;
781:14;
782:12;
790:1;
794:1;
799:15;
839:5;
849:4;
853:21;
854:2;
909:2;
911:2;
917:6,
8;
924:6;
926:10,
11;
931:6,
7;
933:17;
935:1;
937:4,
9,
12,
13,
16;
938:2;
947:7
odor
10
684:12;
709:23;
710:4;
747:7,
9,
11,
18;
798:8;
835:21;
836:4
odors
16
707:7,
9,
12,
14;
708:5,
11;
709:18;
710:9;
747:15;
941:1;
942:6;
953:13;
957:3,
5,
8,
12
off—site
2
685:8;
849:14
offer
15
688:8;
775:24;
182:22;
788:23;
796:18;
803:7;
908:1;
913:16;
920:14,
17,
23;
923:1;
961:3,
12,
21
offered
1
870:12
offers
1
961:8
office
25
665:16,
21;
666:15;
676:18;
680:1;
709:16;
712:9;
737:10;
843:7;
857:19;
901:6;
910:11;
911:7,
14;
930:6;
936:8;
951:12;
952:19;
959:9,
10;
960:8,
17;
961:10;
963:16,
20
officer
180
649:19;
652:1,
8,
13,
24;
665:12;
666:11;
669:21;
670:11;
674:20,
23;
675:2;
684:24;
686:24;
687:2,
17,
21,
24;
688:3,
7,
9,
11,
14;
698:22;
705:5;
714:1,
4,
14;
116:16;
717:7;
718:13;
721:18,
21;
722:2;
727:6;
742:13;
153:24;
756:8;
758:2;
760:11,
14,
17;
768:17,
20;
769:6;
770:20;
776:2,
8;
777:9,
21;
778:1,
8,
12,
15,
23,
24;
779:21;
780:2,
15,
18;
782:23;
783:1;
785:10;
786:1,
4;
188:24;
789:3;
790:10;
796:20;
797:1,
4;
803:9;
804:5,
11;
805:20;
807:11;
815:5;
816:5;
823:13,
17;
825:7;
828:11;
830:10,
18;
832:8,
20,
24;
833:3;
870:16;
871:14;
872:20;
876:4,
8;
877:2,
8,
11;
878:2,
6,
10;
885:23;
892:9;
894:5,
7,
10;
901:19,
22;
903:4,
6;
906:22;
907:2,
5,
8,
12,
16;
908:4,
10,
16;
910:1,
13;
911:12,
16,
19;
912:3,
6,
11,
17,
21;
913:6,
18;
917:15;
920:6,
7,
20;
921:2;
922:12,
18,
22;
923:3,
4,
8,
15;
927:16;
928:19;
932:11;
934:21;
936:15;
939:18,
21;
947:10;
948:2;
950:21,
23;
951:2;
952:13,
16,
23;
953:2;
958:17,
19,
21,
24;
959:3,
20,
22;
960:2,
12,
15,
19;
961:7,
19;
962:9,
17,
20;
963:2,
10,
15;
964:6,
9,
14
official
(7
775:9;
917:20;
927:7;
928:13;
947:10;
951:17
often
6
743:21,
22;
749:8,
12;
772:7;
773:22
oil
2
679:7;
819:21
oiling
21
819:19;
820:4
oils
1
839:24
old
3
874:17;
884:19;
888:7
on—site
9
792:21;
795:11;
820:24;
838:23;
850:19;
852:4,
6;
867:18;
956:4
once
15
674:5;
704:16;
705:21;
708:3;
743:3;
744:3;
750:5;
759:6;
832:16;
848:1;
856:19;
874:22;
911:10;
929:6;
935: 14
one
161
652:6;
661:19;
662:12,
21,
23;
665:18;
670:13;
671:5;
672:15;
673:6,
16;
614:8;
676:15,
19,
22;
677:11,
19,
21;
679:12;
680:11;
681:21;
684:22;
685:16;
688:5;
690:5;
693:23;
695:20,
21;
697:10;
698:19;
699:24;
702:10;
706:11,
22;
708:21;
709:3,
14,
16;
712:10;
713:1,
5;
714:6,
9,
10,
11;
715:22;
719:22;
727:23;
732:10;
733:1;
737:1,
24;
141:18;
742:21;
743:14,
17,
22;
744:7,
19;
748:11,
13,
14;
749:16;
751:23;
752:23;
753:22;
755:3;
756:2,
19;
763:6,
7;
769:4,
7;
770:16;
771:6;
774:19,
21,
22;
776:18;
777:1;
778:20,
21;
784:15,
23;
786:2,
16;
791:18;
792:1;
793:6,
7;
795:2,
4;
797:18;
799:1,
23;
800:12;
804:19;
806:5;
809:4;
811:3;
815:9,
15;
816:23;
817:7;
818:2;
823:8;
825:5,
8,
10;
828:14;
829:12,
15;
832:6;
833:19;
845:3;
852:18;
864:19;
865:11,
15;
866:24;
868:18;
870:6,
21;
871:11;
872:10,
23;
881:1;
882:21;
883:14;
884:17;
888:16;
889:10;
890:2;
897:9;
900:13;
903:14;
906:18;
912:19;
915:1;
919:5,
9;
925:16;
933:11;
936:5,
7;
939:15;
943:9;
949:10;
950:4;
951:20;
952:15;
954:23;
955:17;
958:12;
963:12
one’s
3
670:12;
685:20
one—man
1
702:11
one-third
1)
743:8
one—ton
11
677:8
ones
112
708:12;
752:18,
19;
778:19;
784:13;
838:13;
847:13;
863:15;
873:13;
883:24;
898:5;
952:18
ongoing
101
787:5,
7;
810:10;
814:7;
817:8;
837:9;
842:18;
846:16;
869:13;
889:2
only
31
674:8;
682:11;
692:9,
19;
694:18;
702:7;
703:7;
707:20;
709:13;
713:1;
728:13;
730:21;
731:3;
748:1;
753:10;
759:8;
772:9;
805:24;
819:24;
821:7;
829:20;
850:11;
860:1;
879:14;
890:16;
891:18;
893:19;
932:5;
933:11;
938:8;
946:8
open
23
677:6;
705:19;
743:14;
744:10;
765:23;
769:24;
814:3;
815:13;
816:3,
6,
9;
912:8;
941:9,
11,
19,
24;
942:5,
18;
943:4,
7;
956:7;
960:17,
18
opened
5
684:21;
830:16;
831:24;
832:2,
5
opening
11
830:12
openings
1
958:6
opens
1
685:2
operate
1
661:1
operated
2
711:5,
6
operating
16
672:8;
678:15,
17;
703:9;
711:10;
758:16;
797:13,
14,
15,
19;
799:11;
802:2;
818:22;
841:10;
886:13
operation
6
666:4;
678:4;
857:9;
954:5,
22,
24
operational
3
669:3;
798:1;
848:11
operations
11
669:16;
670:21;
698:9;
735:11;
762:14;
819:18;
822:23;
837:10;
888:23;
895:5;
896:3
operator
5
671:16;
785:1,
2;
858:22;
895:4
opinion
10
730:4;
741:24;
776:22;
824:6;
888:1,
3;
914:2,
21;
915:7;
916:4
opportunity
16
652:21;
808:8;
821:17;
877:19;
909:6,
18,
22;
910:4;
912:7;
913:22;
918:3;
921:7,
10,
14;
928:1,
4
opposed
3
712:18;
834:22;
920:9
option
1
847:24
CAPITOL
REPORTING
SERVICE,
INC.
POLLUTION
CONTROL
BOARD
HEARING
12/12/96
options
3
812:19;
814:9;
847:18
orally
12
878:16;
961:23
order
30)
659:4,
7;
662:4;
670:13;
632:10;
683:20;
796:2;
840:8,
13,
23,
24;
841:4,
22;
842:7,
9;
843:5,
12;
845:18;
863:6;
897:3;
900:8,
10,
14,
15,
22,
23;
902:14;
905:6,
15
ordered
3
842:9;
845:19;
911:23
organic
3)
847:22;
897:23;
916:13
original
281
687:6,
9;
711:17;
716:12;
721:19;
765:15;
768:14;
776:21;
777:22,
24;
778:21;
780:21;
782:2,
6;
796:16;
820:17;
825:15;
843:5;
849:2;
872:12,
18;
873:24;
889:19;
903:2;
905:5;
906:11;
919:7
originally
81
7 13:9;
726:12;
761:12;
765:10;
788:12;
821:12;
889:18;
890:5
osha
1
655:14
other
66
652:16;
654:21;
660:11;
667:7,
17,
20;
668:1;
672:12;
673:16;
689:19;
697:10;
702:11;
709:22;
720:1;
729:13,
17;
731:5,
8;
735:8;
738:19;
740:15;
754:6;
784:21;
786:14;
787:2;
800:9;
806:11,
13;
809:2;
813:15;
814:8;
818:2,
4,
17;
820:4;
823:2,
9,
11;
830:20;
832:11;
833:23;
834:1,
4;
850:17,
18;
863:15;
866:2,
4,
15;
868:18;
869:24;
885:4;
888:19;
890:23;
907:5;
915:1;
919:16;
923:5;
932:10;
939:16;
947:2;
950:3,
23;
958:21;
960:23;
961:8
others
2
681:18;
898:10
otherwise
1)
848:5
ought
1
962:4
ourselves
21
866:18;
877:20
outcome
1
795:22
outdoor
1
819:12
outfall
22
767:21;
801:11,
13,
20,
22;
802:8;
811:9;
820:21;
824:13;
825:21;
835:7;
878:24;
879:1,
6,
8,
24;
880:8,
9;
882:11,
19;
884:21
outfalls
9
769:4;
801:15,
20;
826:11;
883:10,
12,
16;
885:19;
904:19
outputs
1
751:9
outside
1
679:11,
24;
730:18,
21;
736:14;
831:6;
85 1:23
over
43
656:3;
668:5;
674:16;
695:10;
700:22;
701:6;
707:13;
709:6,
8;
717:19;
732:24;
738:14,
22;
740:10;
742:5;
744:12,
13;
749:6;
763:23;
764:12;
766:17;
769:23;
777:4;
802:12;
811:18;
812:20;
813:7;
814:6;
821:4;
829:24;
845:13;
865:4;
866:5;
871:12;
872:1;
885:4;
895:24;
915:12,
13;
918:17;
960:4;
963:5
overexcavated
1
692:9
overfill
5
877:19;
901:15;
902:4,
1;
946:14
overheight
4
872:1;
874:5;
893:2
overlooking
1
763:15
overnight
11
675:6
overrule
12
878:14;
9 13:15
oversaw
1
851:12
overseeing
41
668:23;
670:21;
7 19:22;
863:2
overt
1
936:2
owe
1
854:14
owed
1
852:23
own
9
667:11;
695:5,
11;
714:13;
784:6;
826:5;
850:7;
866:17;
952:11
owned
21
765:9;
766:12
owner
1
858:22
OWIIS
(2
791:3;
834:8
package
11
934:9
packet
1
934:2
page
27
650:18;
651:1;
656:15;
658:11;
685:17,
19;
777:5,
11;
779:1,
6,
18;
790:4;
801:9,
12;
804:15;
809:17;
810:4;
817:15,
20;
827:9;
841:20;
901:7;
902:16,
17;
903:24;
904:15;
911:11
pages
1
685:16
paid
10
706:17,
19,
21;
814:16,
17;
853:5;
906:2,
5,
10,
14
paper
2
823:15;
843:21
paragraph
12)
722:10,
12;
777:12,
16;
779:1,
6,
18;
801:14;
843:2;
904:1,
9,
14
parameter
1
916:16
parameters
5
884:10;
916:11,
13;
930:11,
14
part
38
703:14;
729:5,
9,
16;
739:8;
745:18;
746:21;
751:20;
765:13,
20;
767:3,
4;
769:24;
785:5;
799:7;
802:11;
815:8;
817:5;
819:13,
15;
820:15;
829:13;
842:8;
848:3;
855:7;
858:12;
859:4;
861:11;
866:8;
867:13;
913:8;
940:8,
9;
946:5;
951:19;
961:11;
962:3
partially
1
943:14
participate
12)
929:7;
930:4
participated
1
930:16
particles
1
817:18
particular
6
725:10,
23;
811:3;
904:8;
934:2;
942:20
particularly
1
844:20
parties
4
911:23;
930:7;
952:6;
965:12
parts
21
669:12;
900:14
passed
21
654:23;
919:19
past
6
753:19;
769:19,
20,
21;
889:10;
943:11
pasture
2
770:1,
16
pathway
1
817:1
pay
4
706:9,
10;
852:23;
885:10
paying
11
706:20
payment
1
906:6
pcb
4
649:7;
652:3;
776:22;
777:16
pe
2
788:9;
795:8
penalty
9
831:17,
19,
20,
22;
832:3,
12;
906:6
pending
2
7 13:22;
714:6
peninsula
(2
726:23
people
301
649:5;
652:2;
706:3;
709:12,
15;
710:8;
740:17;
744:17;
756:2,
3;
766:14;
800:9,
11;
802:2;
816:1;
821:1;
838:9;
852:3;
857:19;
858:1;
921:14;
954:23;
955:2,
7,
8,
23;
956:3;
958:23;
959:22;
962:10
people’s
53
651:14,
15,
16;
656:14;
658:6;
669:19,
24;
684:9;
694:23;
697:16;
698:22;
704:4;
715:23;
716:2,
18;
722:5;
733:7;
736:16;
764:2;
768:21;
783:8,
23;
784:11,
24;
789:11;
798:5,
16;
800:18;
801:5;
804:15;
810:1;
827:3;
834:1;
840:11;
860:18;
867:6;
872:24;
873:1,
9,
15;
876:7;
877:13;
879:7;
887:24;
889:18;
900:5;
902:12;
907:21;
908:13;
928:21;
959:5;
962:6
per
81
760:5,
6;
804:19,
21;
806:8;
884:19,
20,
21
percent
17
687:9;
726:13;
773:7;
774:6,
7;
786:13,
16;
788:16;
794:10,
16;
799:8;
822:21,
24;
823:1,
2;
852:18;
947:1
percentage
2
693:10,
11
perfectly
(1
933:21
perforated
1
743:9
perform
9
790:15;
839:23;
852:3,
4;
867:10,
24;
909:10;
919:12,
20
performance
2
851:20;
915: 17
performed
8
800:21;
827:6;
851:13;
854:12;
868:19;
872:13;
890:17;
893:20
performing
7
795:?;
837:22;
838:13;
851:24;
853:12;
867:16;
868:7
performs
1
838:4
perhaps
1
953:12
perimeter
8
810:9;
815:2;
816:17,
22;
817:6,
16,
22;
891:4
period
24
656:3;
668:9;
738:14;
740:10;
749:6,
9,
11;
750:2;
751:22;
752:1;
779:10;
812:6;
829:21,
24;
845:13;
849:10;
850:5,
23;
879:1;
885:9;
919:20;
955:11;
957:1
periodic
1
820:8
periodically
1
826:15
permanent
1
755:18
permeabilities
1
869:2
permeability
6
794:4;
868:19,
23,
24;
869:10
permit
188
658:7,
8;
659:8;
660:1,
13,
20;
661:6;
668:17,
19;
669:2;
687:6;
690:4;
694:15,
18,
23;
695:6,
7;
703:20,
24;
704:8;
705:2,
8;
706:1,
5;
707:4;
712:18;
713:17,
21;
714:5,
13,
20;
717:20;
719:7,
9;
720:2;
721:7,
16;
726:8;
728:5,
21;
729:2;
749:3;
758:6,
10,
12,
16,
17,
20;
759:15;
761:22;
774:17;
776:14,
16;
779:4,
5;
783:5,
9,
11,
17,
22;
784:3,
11,
23;
789:7,
12,
16,
22;
791:11;
797:9;
798:18,
20;
801:12,
21;
802:22,
24;
803:1,
3,
5;
804:2,
4,
19,
21,
22;
805:6,
8,
11,
19,
24;
806:3,
8,
9,
11,
15,
20,
23;
807:3,
8,
12,
14,
15,
21,
22;
808:8,
13,
17;
813:2,
4;
818:5,
9,
13;
820:23;
821:6,
23;
822:6,
7,
10,
12,
13;
823:12;
824:19;
825:15,
18,
22;
826:19;
827:19;
831:11;
835:7,
10;
837:8;
846:19;
847:19;
848:1,
15;
851:11;
854:7;
870:11,
12,
17;
879:14,
18;
880:3,
22;
881:6;
882:4,
12;
883:12,
13,
22;
884:7,
11,
19,
23;
886:6,
9,
10,
11,
15,
16,
17;
891:11;
893:6;
897:12;
898:3,
4,
19;
899:9;
901:18;
903:1,
3,
13,
18;
904:19;
918:6;
920:2;
924:3;
925:24;
928:24;
929:3;
931:4,
12,
21;
935:9,
19;
936:6,
10
CAPITOL
REPORTING
SERVICE,
INC.
POLLUTION CONTROL
BOARD
I1EAR1NG
12/12/1)6
permits
20
654:3,
5;
687:6;
689:4,
19,
20;
703:17;
741:10;
761:20;
762:2;
821:12;
825:14;
895:14,
15;
896:16;
897:6;
904:16;
910:23;
936:11
permitted
12
667:11;
722:19;
754:17;
847:7;
870:8,
18;
871:3,
22;
872:2;
873:20;
876:15;
887:8
permitting
3
761:19;
927:7;
935:23
persistent
1
742:6
person
41
684:22;
738:1;
862:24;
913:1
personal
isj
678:21,
23;
691:16;
725:4;
961:8
personally
11
662:12;
698:3;
699:17;
700:12;
707:11;
708:19;
709:17;
711:8;
721:2;
735:10;
745:16
personnel
13
678:16;
737:22;
775:6;
797:10;
809:2;
838:23;
844:4;
851:23;
857:18;
861:23;
910:6;
946:11
pertain
1
916:19
pertaining
1
829:6
pertinent
2
779:17;
799:9
petersburg
1
896:9
petition
(1)
906:2
petty
1)
681:23
ph
3
828:15,
16;
829:1
phone
8)
676:21;
683:17;
709:23;
738:16;
740:6,
13;
912:14,
22
photo
3
754:10;
756:9;
874:8
photograph
(241
67 1:3,
12;
672:4,
23;
698:19;
700:5;
733:14,
16,
20,
21;
734:5;
736:17,
19;
753:1;
754:1,
7,
16,
21,
24;
755:20,
23;
890:20,
21
photographs
23
665:8,
11,
14,
17;
669:20,
23;
670:2,
5,
7;
672:12;
697:15,
19,
24;
698:4;
721:19;
722:5,
6,
21,
23;
723:2;
733:12;
964:3
phs
1
828:21
physically
1
799:10
pick
4
724:19,
21;
814:18;
890:22
picture
13
674:13,
18;
677:20;
701:2;
734:17;
753:4;
754:3,
11,
13;
770:21;
780:8;
890:18,
20
pictures
121
666:7;
674:10,
14;
677:19;
692:12;
697:12;
700:7,
24;
721:14,
16;
736:7;
749:23
piece
121
663:16;
844:8
pile
1
702:13
piles
2
874:17;
888:11
pinneo
4
808:1,
3;
827:7
pipe
3
743:3,
6;
904:20
pit
1
667:9
place
18
669:8;
677:3;
712:9;
731:9;
756:15;
816:10;
825:20;
826:17,
19;
843:16;
863:5;
865:13;
874:23;
875:5;
889:4;
902:2;
949:12;
964:16
placed
11
728:15;
730:9;
744:6;
811:12,
13;
814:8;
860:2,
7,
13,
14;
862:20
placement
1
863:2
places
21
862:17;
866:10
plan
68)
775:17;
782:10;
784:5,
16;
785:15;
791:19;
795:21;
796:3,
16;
798:21,
24;
799:5,
9,
10,
13,
21;
800:5,
7,
10;
808:22;
809:9,
16;
820:16;
821:16;
829:13,
16;
830:21;
831:5;
836:15;
837:7,
11,
14,
17,
19;
838:10,
16,
17;
839:2,
13,
17;
840:4,
7,
22;
841:6,
14;
842:10,
17;
843:6,
8,
11,
16,
22;
844:1,
11;
855:9;
856:4;
875:19;
886:6,
7,
9,
12,
18;
887:5,
7;
915:23;
916:5;
933:9
plane
1
890:19
planned
1
875:15
plans
121
762:1;
777:2,
7;
837:6;
855:2;
875:7,
11,
22;
932:19,
20,
23
plant
(2
847:20;
865:23
planted
1
764:20
plants
2
773:4;
821:13
plate
4
709:5;
744:12,
13
plates
5
708:23;
709:6;
741:4;
943:4;
958:5
plausible
3
957:15,
19
please
22
705:5;
722:10;
760:17;
775:14;
782:9;
785:13;
786:2;
788:4;
795:20;
798:17;
800:19;
802:9,
20;
808:3;
827:5;
832:9,
20;
843:14;
860:5;
871:6;
901:20;
924:1
plugged
1
856:24
plugging
1
857:1
pneumatic
1
847:15
point
31
659:13;
665:14,
22;
694:16;
695:23;
702:24;
713:10;
719:2;
738:1;
768:7;
781:17;
790:7;
801:23;
807:4;
809:22;
810:7;
830:2,
3;
843:17;
846:3;
875:22;
878:12;
880:1;
909:9,
14;
913:6,
21;
922:12;
923:6;
927:21;
929:24
pointed
1
882:9
pointing
1
756:6
points
35
680:16,
17,
22;
681:1,
21;
682:4,
14,
21;
697:9;
727:9;
758:12;
781:4,
7,
16;
784:1;
890:24;
891:2,
6,
7,
12,
15,
18,
20,
21;
892:1,
6;
918:13;
924:20;
925:14;
926:14;
932:17;
933:4,
20;
934:7
policy
1
842:24
pollutant
1
839:24
pollution
118)
649:1;
684:12;
798:8,
19,
21;
808:22;
809:8,
16;
831:4;
836:15;
838:10;
839:2,
7;
886:5;
916:18;
929:4;
935:17;
963:4
pond
(102
656:22;
657:2,
4,
10,
12,
15,
16,
17,
20,
24;
658:2;
661:8,
11;
662:9;
666:9,
18;
689:22;
690:3,
9,
13,
22;
691:6,
14,
24;
692:5,
9,
23;
693:3,
7;
694:2,
13;
695:9,
10,
13,
15,
17,
19,
23;
696:11,
19,
21,
22;
731:23;
732:2,
3;
733:5,
24;
734:9,
15;
735:6,
23;
736:6,
12,
17,
20;
745:20;
749:21;
750:17;
755:8,
9;
757:21;
766:13,
19,
21;
767:8,
16,
22;
768:2,
3;
770:9,
11;
773:18,
19;
811:16;
816:7;
833:9,
11,
12,
13,
16,
23;
834:3;
835:8,
14;
867:2;
943:10;
945:5,
6,
19,
23;
946:14,
21;
948:16,
17,
22;
949:5,
22
ponded
11
658:16,
20;
659:20;
660:12;
661:7;
695:1,
3,
7;
759:13;
801:22,
24
ponds
13
656:19,
24;
658:21;
659:3,
10;
812:14,
17,
18,
20;
813:3;
815:12,
22;
8 16:8
pool
1
774:4
porta
1
896:8
portion
(27
690:12,
18,
21;
722:8;
723:4;
729:16;
736:18;
764:12;
765:4,
19,
20;
775:22;
789:20;
794:10,
15;
811:7;
834:17,
21;
835:12;
855:5;
856:2;
862:4;
866:1,
15;
902:19;
944:1;
946:15
portions
7
729:13;
762:4;
799:9;
813:7;
854:19,
21;
919:1
posed
1
790:9
position
7
672:10,
18;
674:12,
13;
675:18,
19;
896:15
positive
1
945:9
possession
1
665:19
possible
7
678:16;
679:11;
705:23;
723:22;
734:22;
743:12;
891:18
possibly
11
658:1;
661:17;
679:4,
10;
710:23;
713:14;
719:14;
830:4;
910:23;
935:15;
956:13
postclosure
11
775:16;
782:10;
784:18;
785:3;
790:5;
829:13,
21;
855:16;
856:9;
859:5,
15
posts
1
811:14
potential
2
748:19;
919:5
power
1
813:4
practical
12)
669:1;
895:7
practice
4
686:16;
744:4;
844:12;
889:3
practices
1
819:23
preceding
1
792:13
precipitation
5
659:3;
730:10;
772:10;
826:2,
7
precise
1
937:15
predetermined
1
7 43:1
preferable
1
962:7
prejudice
1
920:19
preliminary
6
652:7;
840:12;
841:22;
842:7;
843:12;
936:24
preparation
5
840:7;
853:6;
872:10;
886:12;
889:19
prepare
12
658:9;
782:13;
785:18;
788:7;
796:8,
9;
799:1;
848:5;
859:10,
12;
87 5:11
prepared
37
684:12;
716:5;
733:8;
748:12;
775:19,
20;
782:14;
796:4;
798:8,
24;
799:2;
835:21,
24;
836:21,
23;
840:22;
841:3,
5,
15,
17;
854:24;
860:20;
861:1,
2,
3,
11;
867:7;
870:3;
873:23;
875:8;
886:6;
889:18;
890:5;
910:6;
916:5;
928:16
preparing
2
702:12;
855: 14
present
1201
650:12;
670:14;
698:3;
699:9;
710:24;
717:13;
719:18;
742:19;
750:9;
800:23;
809:1;
823:20;
844:14;
851:19;
853:10;
878:20;
927:23;
942:16;
944:18;
951:22
preservatives
1
822:5
presumably
1
661:15
pretty
121
692:11;
731:12;
751:5;
765:22;
770:18;
771:19,
23;
806:3;
812:9;
813:21;
825:6;
861:4
prevent
6
730:10,
15;
731:21;
816:22;
819:20;
839:24
prevented
1
905:20
prevention
12
798:21;
799:21;
808:22;
809:8,
16;
819:17;
831:5;
836:15;
838:10;
839:2,
7;
886:6
prevents
3
768:5;
818:3;
893:14
previous
11
678:5;
722:17;
838:19;
847:1;
860:17;
CAPITOL
HEPOF1TING
SERVICE,
INC.
POLLUTION
CONTROL
BOARD
hEARING
12/12/96
809:13;
908:21;
909:1;
919:4;
928:23;
940:2;
953:4
prices
jL~ 885:1
primarily
1
896:13
prior
47
661:22;
662:13;
673:3;
691:8,
10,
23;
694:5;
695:22;
696:2,
6,
18;
706:12;
708:6,
8,
12;
712:10,
15;
719:7;
720:10,
16;
728:15;
740:2;
747:23;
748:2;
758:20;
786:17;
792:6;
804:24;
805:5,
12;
812:15;
826:18;
832:5;
844:1;
850:13;
865:2;
868:11;
877:3;
885:8;
915:2;
932:24;
946:9;
954:23;
955:11;
957:5;
962:15
private
(3
898:12,
17,
21
privy
1
849:7
probably
53
654:3;
655:10;
675:16;
676:23;
679:17,
18;
692:10,
11;
700:1;
708:22;
718:24;
738:15;
755:19;
763:7;
765:13;
771:21;
773:7;
774:5;
788:15;
791:17,
23;
792:1,
6;
794:9;
796:7;
799:7;
800:6,
8,
11;
822:24;
839:12,
14;
847:13,
24;
855:3,
4;
857:24;
858:4;
861:4;
867:22;
870:22;
873:6;
885:5;
892:5;
906:17;
925:2;
947:1;
949:2,
17;
950:8;
956:21;
961:19
probed
1
890:10
problem
16
664:13;
667:24;
669:10;
691:13;
706:2,
10;
728:18;
748:19,
20;
757:2;
811:20;
812:16;
819:24;
845:15;
846:5;
959:13
problems
271
691:24;
693:16,
19,
21;
713:15;
793:4;
812:24;
817:7;
838:5,
6,
16;
842:1;
845:3,
23;
846:7,
14;
865:9,
15;
866:3,
8;
883:15,
19;
886:24;
887:16;
929:9;
932:24;
947:19
procedural
21
961:1;
962:21
procedurally
2
961:20;
963:3
procedure
(41
756:15;
818:23;
820:20;
828:8
procedures
8
741:17;
806:14;
823:4;
825:20;
826:17,
19;
925:23;
935:20
proceed
3
743:10;
813:13;
911:24
proceeded
14)
676:23;
722:16,
24;
813:15
proceedings
3)
649:23;
provided
10
665:16;
776:18;
818:20;
836:7,
9;
876:20;
910:7,
10;
916:1;
952: 19
providing
3
795:8;
858:21;
901:23
provisions
13
837:18
proximity
2
679:19;
898:12
public
3
802:21;
951:22;
965:18
pull
2
700:22;
847:23
pull-off
1
675:24
pulled
6
671:6;
701:4,
707:8;
824:23;
890:12
pulley
4
676:10,
13,
17;
677:3
pulls
12
675:24;
676:10
pump
21
659:5,
9,
12;
660:23;
661:4;
695:4;
719:14;
720:1;
731:13,
14;
749:10,
12,
13,
15,
22;
802:3;
821:19;
847:11,
16;
899:16
pumped
20
659:19,
20;
730:5;
737:13;
741:9;
787:5,
8;
660:12,
18,
20;
661:3;
694:19;
811:4;
852:19;
898:7;
957:6,
8,
719:2,
7;
720:8;
729:20,
22;
9;
958:1,
2
projects
18
653:22,
23,
24;
654:2;
703:15,
18;
786:20
prompted
21
867:24;
868:5
proof
10
868:4;
913:17;
920:14,
17,
23;
923:1;
961:3,
9,
13,
21
proper
5
806:15;
823:3;
830:6;
832:18;
903:8
properly
1
725:6
properties
(3
696:8;
697:7;
869:1
property
68
657:19;
659:17;
661:18;
664:9;
685:12,
15;
690:11,
13,
18;
695:13;
699:4;
708:6;
715:6;
737:2,
3;
739:1,
9;
746:17;
764:1,
6;
765:9,
16;
766:11;
767:2,
5,
7,
9,
13,
14,
23;
769:9,
13;
770:8;
771:19;
772:4,
17,
21;
773:1,
2,
6,
7;
810:23;
812:19;
817:2,
4;
824:15;
833:15,
23;
834:2,
4,
6,
8,
12,
22;
835:12,
16,
17;
842:22;
897:17;
943:1,
12,
13;
944:2,
20,
24;
945:22
proposal
6
831:3;
847:5;
867:19,
22;
931:9,
10
proposed
4
784:6;
802:21;
832:1;
915:23
proposing
1
932:5
protection
4
650:15;
684:11;
798:7;
806:24
prove
12)
876:15;
877:18
provide
8
810:7;
850:19;
901:11;
951:12,
16;
964:4
862:23;
882:15;
910:19;
914:1;
941:17;
944:4
previously
121
665:16;
669:24;
684:3;
715:22;
795:18;
753:10;
757:10;
771:5;
781:24;
810:12,
18;
811:11,
20;
831:4;
838:21;
839:21;
843:20;
845:16;
847:11,
22;
857:23;
858:3;
863:7;
872:5;
876:1;
881:23;
898:8;
901:17;
902:5;
910:24;
928:7;
941:23;
943:17;
946:16;
956:9;
960:21
puts
1
702:5
putting
5
657:18;
663:10;
667:22;
955:14
964:19;
965:7
process
15
665:15;
667:13;
763:24;
768:23;
771:15;
784:9;
787:12,
13,
16;
794:14;
810:10;
814:7,
15;
817:8;
889:2
proctor
11
869:4
produced
2
665:20;
872:9
production
B
~si~
productive
11
925:3
products
5
792:8,
11,
15,
16;
793:2
professional
6
763:2,
3;
795:9;
896:11;
924:10;
965:17
proficiency
1
654:23
program
13
762:17,
18,
19;
783:12,
15,
20;
802:12,
16;
885:4;
891:17;
904:10;
931:22;
932:6
programs
1
791:5
prohibition
1
935:23
project
(19
653:16,
19;
669:7,
14;
696:15;
703:13;
13;
qualifications
1
924:9
quantities
1
819:2
quantity
in
862:12
quarter
2
700:1;
907:9
quarterly
2
929:24;
931: 16
question
26
674:21;
675:1;
691:21;
697:8;
705:6;
714:2;
728:12,
15;
731:23;
739:4;
772:2;
790:9;
814:21;
830:19;
832:9,
21;
835:11;
838:13;
860:5;
885:5;
913:21;
923:5;
952:8;
954:8;
958:12;
96 1:1
questionable
1
935:12
questioned
1
839:5
questioning
2
830:9;
922:23
questions
301
687:16;
706:12;
710:8;
733:2;
737:6;
742:12;
756:6,
7;
758:1;
830:12;
832:23;
882:22;
886:1;
892:8;
894:6;
904:24;
920:5;
921:16,
17;
932:10;
934:20;
939:6,
16,
17;
950:18;
953:8;
955:19;
958:16;
960:23;
962:2 1
quick
51
758:5;
885:24;
936:16;
952:8;
953:8
quickly
2
731:20;
743:12
quinn
6)
796:11,
12,
13;
841:8,
9,
10
quite
5
772:11;
822:2;
917:7,
8;
938:23
quote
2
898:4;
942:5
750:6,
10;
751:8;
759:5,
6;
879:11;
899:13
pumping
20
694:18,
24;
695:2;
719:19,
22,
24;
720:10,
16,
22;
731:8;
749:5,
8;
750:1,
4;
759:9;
802:1,
5;
821:18;
879:15;
899:6
pum
5
2
695:8;
847:16
purc
ase
2
818:7
purchased
2
771:18;
866: 17
purportedly
3
953:12;
954:2,
10
purporting
1
926:13
purpose
13
711:11;
754:20;
755:6;
792:18;
814:17;
843:10;
849:20;
889:17;
910:24;
921:6;
928:15;
932:16;
955:14
purposes
2
652:15;
951:10
pursuant
12
649:16;
660:13;
668:17;
758:17;
857:4;
880:21;
886:6;
899:9;
900:21,
23;
905:5,
14
pursue
1
830:17
pushes
11
701:21
put
70
660:14;
662:1,
3,
6,
20,
21;
663:21;
664:5;
666:5;
667:5;
668:5;
671:23;
674:22;
680:23;
685:4;
494:11;
695:24;
696:22;
701:5;
702:2;
705:18;
706:6;
707:4;
713:7;
717:9;
724:14;
728:12,
14;
732:18;
735:13;
744:12,
13;
746:23,
24;
747:6;
750:21,
24;
751:2;
-It-
ramn
11
662:20;
812:2,
6,
7;
819:4;
823:10;
825:6,
9;
941:10;
942:3
rained
4
677:9;
678:1;
718:17;
772:11
rainfall
14
668:7;
774:1;
819:4;
826:2
raining
5
675:20,
22;
CAPITOL
REPORTING
SERVICE,
INC.
POLLUTION
CONTROL
BOARD
hEARING
12/12/96
676:18,
24;
826:6
rainstorm
2
812:3
774:11;
rainwater
1
729:5
rainy
1
947:8
raised
3
790:3;
831:19;
878:8
ran
3
661:23;
745:10;
943:17
range
(13
858:6
rarely
1
772:9
rather
3
705:18;
957:4
947:8;
ratio
1)
825:10
rational
1
835:3
ravine
13)
659:15,
17;
661:18,
20;
662:2;
764:13,
16;
766:17,
19;
768:2;
771:12,
19,
22
ravines
7
763:22;
765:6,
15,
24;
766:2;
773:2,
7
raw
1
828:23
rcra
1)
938:4
reach
1
832:13
reached
12
682:17;
860: 10
read
16
689:7;
704:1,
7;
706:8;
722:10;
723:6,
12;
809:19;
827:15,
17;
828:14;
837:8;
871:10;
901:8;
913:11;
928: 12
reading
(11
815:8
reads
2
704:8;
706:1
ready
8
661:1;
674:1,
6;
677:1;
679:13;
847:9;
848:11;
911:24
real
11
675:15;
679:19;
710:16;
758:5;
822:7;
828:19;
849:15;
883:18;
892:10;
896:5;
936: 16
realize
33
850:1;
883:11;
955:4
realized
1
885:18
really
183
663:8;
690:19;
697:10;
710:13;
714:4;
719:14;
724:2;
727:11;
747:13;
780:12;
822:2,
13;
867:4;
877:15,
16;
880:17;
906:21;
957:13
reapplication
2
712:19;
853:23
reason
10)
652:16;
689:12;
709:2;
712:22;
729:2;
748:14;
830:9;
853:4;
894:2;
936:23
reasonable
6
729:3,
8.
15,
24;
831:14;
911:9
reasons
4
693:23;
818:1,
2;
824:7
rebut
1
928:9
rebuttal
8
666:9;
907:10;
908:14;
909:17,
20;
911:1,
5;
95 1:4
recall
165
669:22;
670:1;
671:4;
680:16;
681:18;
687:10;
699:22;
709:20,
21;
710:1,
6,
7,
9;
713:19;
714:24;
719:8;
720:14,
18;
725:21;
735:1,
4;
738:12,
17;
740:6,
12,
13,
14,
24;
744:2;
746:3;
748:15;
749:2;
769:19;
799:19,
23;
800:2;
829:7,
9;
832:11;
843:19;
844:18;
850:10;
852:24;
853:1;
854:6;
886:24;
911:20,
21;
912:19;
920:1,
3;
925:2;
931:8;
942:15;
953:14,
17,
18,
20;
954:13,
15;
955:22;
956:18;
957:13,
14;
958:12
recalled
3
651:4,
9,
11
receipts
1
669:17
receive
8
737:7;
741:23;
763:5;
921:23;
926:13;
935:6,
14;
936:11
received
19
652:22;
714:20;
719:6;
752:11;
763:6;
775:10;
781:20;
798:13;
854:16;
910:16;
911:2,
6;
821:24;
922:2,
5;
927:1;
931:6;
933:11;
935:1
receives
11
833:23
receiving
4
652:15;
659:24;
910:10;
952:14
recent
(9
755:12;
769:20;
776:3;
820:13;
825:17;
859:8;
873:14;
885:1,
3
recently
(103
714:19;
717:22;
784:23;
822:6,
7;
854:16;
872:11;
885:2;
906:1,
5
receptionist
1
800:3
recess
5
687:20;
688:2;
722:1;
833:2;
907:11
recollect
1
806:1
recollection
6
670:4;
775:23;
841:16;
870:18;
874:1;
954: 19
recommendation
1
808:20
recommendations
3
804:17;
807:2;
809:18
recommended
4
784:10;
816:4,
6;
904:6
recompacted
1
664:10
recontour
1
810:13
record
59
652:2;
653:11;
665:13;
669:22;
686:12,
19;
688:4;
698:23;
704:4;
716:5;
717:7;
721:22;
722:4;
727:7;
761:1;
768:18,
19,
20;
778:11;
797:2,
3,
13,
14,
15,
19;
799:11;
804:1,
9;
823:14,
16,
18;
828:12,
13;
833:1,
4;
845:9;
871:14;
877:14,
21;
886:14;
894:19;
895:12;
907:13;
922:16;
927:11;
928:3,
12;
929:14;
951:8,
19,
21;
952:4,
21,
22;
959:1,
2,
4;
963:13
records
5
686:17;
687:5,
9;
797:23;
798:1
recreational
1
955:23
recross-examination
6
650:21,
24;
651:8;
758:3;
892:12;
936:17
rectangular
2
726:21;
727:8
redirect
113
650:20,
23;
651:7,
8,
13;
742:14;
886:2;
934:21,
22;
939:7;
958:10
redo
2
781:15;
864:23
reduce
4
662:19;
664:21;
817:17;
818:2
reduced
1
891:14
refer
4
659:16;
665:7;
843:1;
941:16
reference
3
738:24;
804:3;
871:17
references
1
658:12
referred
9
656:21;
659:24;
661:11;
681:8;
690:22;
726:16;
781:13;
794:3;
939:12
referring
9
690:6;
701:12;
715:15;
719:10;
733:14;
736:16;
754:13;
770:24;
833:11
refers
(11
842:1
reflect
31
669:22;
888:1,
3
reflected
1
789:22
reflects
(21
808:13;
876:11
refresh
1
870:17
refuse
21
675:4;
701:13,
14,
15;
704:8;
705:11;
707:7,
10;
721:10;
722:20,
21;
723:8,
23;
724:3,
4,
8,
13,
15;
739:9,
18;
814:13
regard
31
842:16;
878:24;
909:20
regarding
16
709:23;
710:4;
711:13;
740:9;
776:15;
821:21;
868:19;
911:5;
925:4;
928:10;
929:8;
935:4;
942:17;
943:9;
953:13;
954:9
regardless
2
944:23;
958:5
regards
4
925:13;
926:1;
945:4,
19
registered
in
965:17
regrade
1
810:13
regrading
1
867:1
regs
1
794:3
regular
91
686:16,
20;
698:9,
11,
15,
16;
703:9;
710:11;
890:19
regulate
1
695:8
regulation
1
893:14
regulations
114)
655:14;
797:16,
18;
806:10,
18;
825:14;
829:20,
21;
858:24;
916:18;
924:24;
925:15;
933:7;
935:16
regulatory
11
895:14
-
reinforce
1
864:15
reiser
7
651:2;
894:12,
13,
20;
905:5;
907:3,
23
reiterate
2
961:20;
962:4
rejected
(2
926:17;
934:1
relate
1
697:9
related
9
670:17;
691:7;
762:14,
15;
786:23;
855:17;
887:14;
897:6;
965:12
relating
1
856:11
relation
13
139:8
relationship
4
790:14;
795:10;
869:6,
7
relative
1
890:23
relatively
5
658:9;
664:24;
759:16;
765:24;
773:5
relevant
4
776:11;
778:5,
7;
928:20
relied
3
803:5;
804:22;
855:6
relief
1
779:13
relies
1
795:13
relieve
1
701:22
relitigate
111
779:12
rely
6
666:1;
795:16;
798:3;
799:13;
806:12;
886:7
relying
(71
666:2;
805:6,
8,
9,
12,
14;
806:20
remainder
1
903:8
remaining
(4
67 1:14,
16;
740:9;
906:10
remains
1
961:11
remediation
41
653:23;
703:15;
897:6;
904:10
remember
30)
652:9;
681:19;
7 10:2;
720:20;
735:3;
750:7;
772:7;
776:20;
800:1;
823:23;
837:1;
841:2;
843:19;
844:5,
24;
849:24;
855:1;
861:10;
865:24;
866:23;
868:20;
884:24;
889:22;
912:2;
913:4;
942:14;
947:16;
952:14;
953:19;
957:21
remind
2)
878:13;
939:21
removal
sj
667:15;
897:14;
898:7,
23;
900:16
remove
3
~
820:2;
902:7
removed
14
666:18;
692:5;
694:6;
704:8;
725:5,
13;
888:13,
14,
22,
24;
889:13;
900:19,
21;
945:18
removing
2
899:2 1,
23
renewal
4
807:3,
7,
11,
13
reoccurring
2
886:23
repair
11
756:16
repeat
1
860:5
repercussions
11
845:23;
CAPITOL
REPORTING
SERVICE,
INC.
POLLUTION
CONTROL
BOARD
HEARING
12/12/96
790:16
rephrase
1
705:6
replace
2
676:13,
15
replacement
1
903:2
replied
1
941:2
reply
2
956:16;
960:3
report
20
715:15;
733:8;
752:21,
22;
800:20;
810:3;
835:23;
845:16;
879:3,
7;
881:16;
883:4;
884:14;
903:12;
910:5,
9,
10;
914:19;
964:4
reported
61
801:15;
824:2;
882:13,
19;
883:7;
965:7
reporter
83
823:14;
965: 17
reporting
1
965:6
reports
(73
728:24;
732:22;
845:12,
14;
884:16;
906:18;
929:17
represent
(43
771:11;
870:2;
926:3;
931:19
representation
2
869:23;
892:18
representative
3
807:23;
808:6;
895:4
represented
2
697:6;
864:4
represents
11
943:23
reproduction
1
962:23
request
12
665:24;
747:23;
783:14;
836:8;
878:13;
920:9;
925:1;
946:23;
948:16,
21;
949:8;
964:12
requested
141
748:7;
807:21;
809:3,
5;
829:18,
22;
830:22,
23;
831:3,
5,
7,
14,
16;
944:15
requesting
2
783:21;
910:12
requests
7
829:9,
11;
830:14;
946:20;
949:9,
21;
950:10
require
10
798:20;
821:23;
829:20,
22;
886:11,
16,
17,
20;
897:12;
898:19
required
33
759:15,
18;
794:17;
797:16;
801:11;
806:12;
821:6,
20;
824:19;
827:19;
837:16;
839:18;
841:24;
848:4;
875:14;
880:2,
21;
883:13;
886:9,
10;
895:13,
15;
897:17,
21,
24;
900:15;
902:7,
18;
904:16,
19,
20;
915:3;
919:23
requirement
9
783:17;
791:7;
825:16;
897:13;
902:20;
904:3,
17;
915:9;
931:15
requirements
10
682:5;
763:10;
794:19;
809:4;
821:21;
839:20;
904:12;
925:23;
931:18;
938:2
requires
21
798:23;
915: 17
reserve
1
796:22
residences
21
898:12,
15
resolve
2
902:4;
930:23
resource
2
846:22;
867:14
respect
16
682:17;
744:4;
747:4,
21;
776:23;
780:21;
811:22;
886:11;
901:12,
23;
903:7;
914:18;
918:9;
934:6;
938:20;
948:15
respond
7
738:2;
742:2;
745:17;
752:13;
757:6;
921:5;
96 1:18
responded
6
666:2;
691:14;
737:17;
752:16,
17;
756:21
respondent
2
649:9;
650:11
respondent’s
(41
651:17,
18,
19,
20;
665:7;
685:6;
687:3;
775:13;
776:1;
780:19;
781:12;
782:8,
22;
783:3;
785:8,
24;
786:6;
788:3,
20,
23;
789:5,
15;
795:19;
796:19;
802:19;
803:8;
804:13;
809:12,
13;
836:20;
840:4;
841:13;
842:4;
843:1,
8;
855:23;
886:4
responding
6
674:24;
737:14;
780:5,
14;
878:7;
957:21
response
23
652:22;
665:23;
680:20;
683:13;
706:11;
725:10;
733:1;
737:6;
763:1;
781:1,
9,
23;
814:22;
830:11;
832:19;
836:2,
7;
840:7;
853:17;
882:21;
910:2;
911:6;
956:16
responsibility
10
737:16;
741:9;
790:12,
13,
20;
792:21;
848:9;
851:18;
856:16;
858:23
responsible
4
790:16;
837:22;
857:1;
863:2
responsive
1
814:21
rest
2
702:6;
765:14
restate
1
878:15
restated
1
961:23
rested
1
907:14
rests
1
790:13
resubmit
4
682:9;
781:16;
925:16;
932:16
resubmittal
(42
682:6,
17;
683:1,
6,
21;
684:2,
6;
712:12,
15;
747:24;
781:13,
18;
808:14,
16;
849:4;
850:12,
20;
851:15;
852:1,
16;
853:7,
8,
9,
14,
20;
854:3,
19;
855:21;
872:17;
875:9;
909:6,
16,
21;
913:23;
925:7,
9,
12;
926:1,
8;
927:24;
937:12;
938:21
resubmittals
1
853:20
resubmitted
2
682:21;
918: 13
resubmitting
2
918:7,
9
result
1
885:19
resulting
1
852:22
results
6
721:5;
797:22;
850:19;
869:18;
884:14;
893:24
retain
12
794:20;
946:6
retention
71
657:9,
12,
15;
661:8,
11;
662:8;
666:9,
18;
689:21;
690:3,
9,
13,
22;
691:6,
14,
24;
692:5,
9;
693:3,
6;
694:1,
13;
695:9,
10,
15,
17,
19,
23;
696:19,
21,
22;
731:23;
732:2,
3;
733:5,
24;
734:9,
15;
735:6;
736:6,
12,
17;
745:20;
755:8,
9;
757:21;
766:21;
767:8,
16,
22;
768:3;
770:9,
771:3;
806:16;
810:22;
813:9;
833:9,
12,
16,
23;
834:2;
835:8,
14,
18;
943:10;
945:5,
6,
19,
23
retracted
1
673:5
return
2
683:17;
939:3
review
28
682:13;
689:5;
775:5,
9;
782:19;
795:12;
806:4;
843:7;
883:21;
909:6,
11,
15;
910:23;
911:4,
9;
913:22;
914:3,
20;
918:16,
20;
919:12,
15,
20,
23,
24;
933:6,
22;
935:15
reviewed
61
703:20;
713:6;
781:5;
788:14;
904:5;
933:14
reviewers
1
936:6
reviewing
1
903:22
reviews
2
936:11,
24
revise
51
777:13;
779:2,
8,
19;
785:2
revised
9
778:4;
785:5,
15;
807:3;
829:12,
16;
830:21;
952:11
revising
1
777:14
revision
3
849:12;
887:10,
13
revisions
8
776:19,
21;
777:18,
20;
782:3,
5;
784:12;
854:12
rewriting
1
788:15
rewrote
1
788:15
richard
1
841:23
rick
4
807:24;
808:3,
9;
827:7
ridge
18
654:6;
689:2,
14;
714:10;
764:5;
774:19;
775:17;
782:11;
785:17;
787:22;
788:6;
794:6;
800:22;
870:9;
895:22;
914:4;
919:8;
930:4
ridiculous
9
740:20;
741:16;
742:1,
3,
5;
752:12,
19;
757:18,
22
rig
193
671:3;
672:7,
11,
14,
15,
18;
673:6,
10,
15,
18;
674:12;
676:12;
699:18;
700:4;
701:23;
704:18;
864:17,
20
rig’s
1
677:7
right
73
658:13;
662:7;
663:19;
664:7;
667:7,
17;
669:7;
672:8;
673:13;
677:5;
681:5;
685:22;
688:3;
689:18;
694:13;
697:21;
698:24;
701:22;
702:1,
2;
715:16,
21;
717:6,
10;
719:13;
725:24;
727:14;
730:2;
733:17,
20,
23;
734:23;
735:7;
736:22;
743:19;
746:3,
8,
24;
753:6,
22,
23,
24;
754:3;
758:18;
768:9;
770:4,
14;
810:4;
812:2,
8;
829:23;
833:20;
838:7;
848:12;
856:13;
11;
873:24;
876:2;
885:13;
892:19;
893:18;
901:8;
903:23;
905:19;
911:11;
919:10;
922:9;
945:13;
946:2,
22;
958:4;
959:16;
962:16;
964:16
right-hand
2
736:18;
871:15
rigorous
11
935:19
rim
6
722:18,
21;
723:10,
24;
727:11,
19
riprap
1
814:4
river
~
763:15,
19;
766:9
road
31
650:15;
717:2;
726:24;
732:13;
733:15;
734:5;
748:20;
753:5,
7,
9;
757:4;
766:9;
769:13;
773:3;
811:16;
815:3;
816:17,
19,
22,
24;
817:3,
16,
17;
818:4,
7,
8;
824:17;
835:17;
856:20;
941:3
roads
8
732:10;
814:12;
817:6,
8,
10,
22,
23
robert
1
846:24
rock
6
652:11,
18;
763:15;
817:21;
818:7;
927:6
rocked
1)
817:17
rod
2
675:21;
676:3
roll—off
13
671:12,
13,
17;
677:17;
700:13;
701:17;
702:5,
15,
19;
703:8,
11;
705:10
rolling
4
763:20;
765:5,
22;
773:6
ron
2
725:15;
964:3
room
1
953:9
rotten
(4
707:22;
747:10,
19,
20
rough
1
763:21
roughly
1
710:14
routinely
2
660:18,
20
row
11
750:6
rtc
21
707:2,
3;
788:12,
17;
790:14;
791:13;
792:2,
4,
5;
CAPITOL
REPOR11NG
SERVICE,
INC.
POLLUTION
CONTROL
BOARD
HEARING
12/12/96
793:8,
12;
846:2 1;
848:3;
856:15;
857:3,
5,
11,
13;
858:11;
859:3,
12
rule
3
842:8,
15;
961:22
ruled
3
652:9;
912:6;
927:24
rules
1)
916:2
ruling
(10
652:12,
13;
795:23;
796:1,
5,
6;
832:4;
841:23;
913:14;
920:11
rulings
1
935:19
run
12
666:8;
694:13;
732:8;
750:16;
759:21;
766:4;
817:7;
819:7;
827:10;
834:24;
856:19;
884:17
run—in
3
729:12,
14;
730:10
run-on
(2
834:17,
21
running
10
662:5;
664:18;
678:14;
679:9;
730:17;
755:7;
757:20;
765:15;
773:18;
848:2
runoff
261
693:7;
729:11;
732:2;
734:15;
766:18;
767:2;
811:1,
21;
813:8;
814:10;
817:18;
818:24;
819:2;
821:3;
826:8,
12,
14;
834:22;
835:12;
866:8;
867:1;
881:19;
891:19;
892:4;
947:19,
21
runs
4
766:6;
773:12;
835:16,
17
ryan
121
650:13;
964:11
safer
IIJ
961:24
safety
6
689:9;
705:9,
13;
744:14;
748:22;
844:22
sake
4
698:13;
728:2;
746: 18
sales
111
653:21
salesperson
1
896:1
sane
15
664:13;
674:11;
727:16;
747:11;
778:3;
833:19;
842:5;
844:3;
872:23;
873:1,
3,
6,
17;
923:12;
938:13
sample
273
686:1;
721:5;
751:11;
758:12;
759:21;
760:5;
802:4,
6;
821:3;
823:8;
824:8,
12,
14,
19,
24;
826:13,
20;
880:12,
16,
20;
881:1,
12;
884:18,
20;
885:10;
898:1,
9
sampled
4
720:3;
751:8,
18;
898:24
samples
33)
686:8,
10;
720:11,
12;
749:14;
759:8,
18;
821:5,
6,
16,
22;
822:16;
823:4,
5;
824:22;
825:21;
826:15,
18;
827:14,
15,
18,
24;
828:2,
9;
850:21,
24;
851:3,
8;
852:14;
883:17;
884:12;
890:12;
899:3
13,
14;
758:6;
759:2,
14;
806:14,
18;
820:20;
822:3;
824:10;
881:2;
885:9,
19;
898:2 1
samplings
1
758:21
sanction
(1
906:14
sangamon
18
714:10;
840:13;
847:14;
894:24;
895:11,
19;
896:18,
19,
22;
897:5;
900:9;
901:24;
902:14;
905:6;
906:3;
907:22;
939:14;
965:2
sanitary
2
899:14,
15
sara
1
655:14
sat
2)
822:19;
838:22
saturday
11
940:24
savings
2
682:11;
885:18
saw
10
667:24;
684:17;
685:3;
702:12,
13;
725:9;
732:12;
751:20;
798:11;
955:3
scan
(11
890:21
scanning
1
890:21
scare
4
955:6,
8;
956:9,
11
scattered
4
723:1,
4,
16;
724:17
schedule
5
~aia;
959:5;
962:11;
963:18,
19
schedules
2
703:4;
952:7
school
7
654:12,
17,
18;
762:6,
7;
896:6,
8
science
1
896:9
sciences
1
896:12
5COO~1
671:19
scooped
(1
666:5
scoops
1
702:5
scope
1
920:17
scratch
3
676:23;
772:6;
793:6
sea
(31
772:5;
870:24;
871:2
search
1
806:1
second
13
649:18;
650:4;
658:11;
685:19;
705:24;
770:20;
771:1;
777:22;
786:2;
795:4;
828:12;
843:2;
910:5
seconds
1
924:9
secretarial
1
857:20
secretary
El
685:2
section
11)
775:15;
778:15;
815:7;
820:16;
855:3;
856:12;
902:22;
916:17;
918:6;
924:3;
936:10
sed
1
813:3
sediment
11
943:16
sedimentation
9
812:14,
17,
18,
20;
813:9;
815:12,
22;
816:7,
8
see
58
659:23;
671:12;
672:11;
673:12;
677:20;
678:1;
17;
722:21,
23;
723:2,
5;
729:23;
730:20;
732:12;
733:13;
750:7;
752:24;
753:12,
17;
754:3;
774:3,
10;
804:16;
811:19;
813:3;
815:19;
821:2;
826:1,
7,
9,
11;
837:18;
839:22;
841:14;
863:24;
864:8;
869:1;
870:20;
871:10;
873:3,
4,
19;
882:24;
895:17;
900:8;
906:24;
941:4;
949:12;
961:12
seed
(10
693:20,
21;
757:12;
810:18;
812:4;
865:18;
866:14,
17,
20
seeded
5
668:4;
810:16;
814:10;
865:11,
19
seeder
(1
810:17
seeding
2
811:22;
813:19
seeds
1
865:22
seeing
5
669:8;
703:17;
735:3;
769:20;
837:1
seek
1
920:11
seem
2
779:17;
955:22
seems
2
666:13;
906:9
seen
28
665:9,
11;
668:6;
669:7;
684:14,
16,
21;
697:12;
769:19,
20;
772:11;
798:10;
801:4,
6;
803:16;
834:19;
836:1,
4,
10;
838:5;
840:24;
862:17;
876:19;
877:8;
881:19;
956:3;
961:9;
962:9
seep
11
845:8
seepage
2
729:17;
730:1
seeped
1
730:6
seeps
3
842:21;
844:9;
846:11
sees
(1
962:1
semi
1
725:2
seminars
2
762:22,
24
send
8
759:7;
788:13;
884:16;
926:5;
937:23;
938:19;
964:14,
15
sending
2
758:21;
843:19
sends
1
684:20
senior
1
925:18
sense
6
706:7,
8;
741:18;
742:4;
749:15;
753:14
sent
19
683:24;
684:18;
721:16;
758:6;
782:1;
788:12,
16,
18;
793:3;
799:3;
807:18,
19;
911:1;
926:19;
937:4;
938:8,
17;
939:15;
944:18
sentence
1
901:8
sentences
1
854:11
separate
4
859:2;
930:7;
962:8
separately
11
751:19
september
20
670:9,
14;
675:11;
698:1;
744:2;
745:11;
777:15;
778:22;
796:6;
840:18;
841:21;
842:5,
6,
9,
14,
15;
846:3;
937:5;
938:5
sequence
13
742:23
sequentially
11
922:6
series
1
751:1
seriously
1
935:21
serve
2
849:21;
897:16
service
141
679:10,
19,
23;
965:6
services
1
857:20
servicing
6
678:22,
24;
679:6,
15;
710:17;
711:10
set
25)
664:10;
671:3;
673:21;
697:24;
699:23;
704:20,
22;
713:4;
743:3,
8,
10;
744:6;
748:3,
11,
13;
749:12;
808:10;
821:12;
822:9;
864:17,
19;
945:2;
961:5;
963:19
settin
2
763:20;
912:15
settle
1
889:14
settlement
6
830:4,
8;
831:21;
832:14;
889:10
setup
1)
750:13
seven
4
736:8;
874:9;
916:12;
948:9
several
5
714:5;
897:13;
912:5;
928:9;
943:11
shafts
1
956:8
shaky
(11
849:17
shall
2
704:9;
785:2
shallow
1
685:20
sheet
1
802:21
sheets
2
689:10;
827:21
sheriff’s
(11
652:11
shift
1
786:8
shirley
6
684:21,
24;
685:1;
800:3,
5;
809:9
shop
1
897:20
shorthand
3
965:7,
10,
17
shortly
9)
740:3;
791:17;
796:5;
807:17;
808:12;
841:4;
852:11;
865:16;
905:10
shot
(2
677:2;
702:10
shouldn’t
2
780:13;
959: 12
show
34
656:13;
658:5;
665:6;
666:7;
684:8;
685:5;
702:9;
749:23;
752:24;
764:2;
775:12;
782:7;
785:8;
788:2;
789:11;
795:18;
798:5;
799:24;
802:18;
827:3;
838:20;
842:8,
15;
856:2;
860:16;
871:21;
893:3;
900:5;
902:12;
922:2,
3;
926:24;
928:22
showed
5
720:3;
750:11;
751:12;
805:22;
899:3
showing
1
865:20
shown
4
700:4;
736:18;
837:17;
873:2
shows
2
656:19;
671:3
shrink
1
749:21
shut
~
905:20,
24;
937:8
sampling
20
686:4,
13;
682:4;
696:23;
698:19;
701:8;
694:19;
720:24;
749:17;
751:7,
705:18;
715:14;
717:4;
721:14,
CAPITOL
REPORTING
SERVICE.
INC.
POLLUTION
CONTROL
BOARD hEARING
12/12/96
shuts
1
960:11
side
451
658:16;
666:5;
671:15;
673:13,
17,
20;
676:11;
694:8;
695:1,
17;
701:20;
723:11;
727:23;
753:4;
754:2,
3;
764:11,
23;
765:8,
9;
766:10,
11;
771:2;
772:20;
773:9,
10;
810:8;
823:9,
11;
824:16;
826:24;
827:2;
835:17;
862:3;
865:15;
866:22;
871:15;
887:17,
20;
900:4;
904:23;
943:20,
21
sides
5
696:24;
723:24;
727:22;
730:6;
731:4
sidewall
jsi
903:8,
11,
14
siebke
10
659:18;
738:20,
24;
739:3,
7;
756:22;
757:16;
772: 16
siebke’s
3
659:16,
17;
751:3
siebkes
1
739:7
sig
83
680:5,
7,
23;
682:10,
13,
23;
683:7,
21;
711:17;
712:12;
713:15;
716:12,
13;
747:22,
24;
762:4;
774:17;
775:22;
776:5,
7,
21,
23;
777:18;
778:5,
21;
779:7;
780:21;
781:13,
16;
782:2,
6;
784:7;
820:14,
15,
17,
18;
830:24;
831:3,
12;
846:18;
847:6;
849:1,
3;
850:8,
20;
851:7,
15;
852:1,
16;
853:6,
13,
15,
20;
854:19;
855:5,
9,
17,
21;
872:12;
873:24;
875:8;
890:1,
6;
909:6,
15,
21;
910:21;
913:22;
914:7,
21;
915:19,
23;
916:21;
917:1,
2,
10,
18;
919:7;
924:20;
932:15;
934:17;
938:11
sign
23
793:3;
882:10
signature
(2
782:1;
918:6
signatures
2
926:19;
934:3
signed
9
788:9;
793:2,
17;
840:17;
854:8;
882:4,
8;
883:8;
9 18:1
significant
16
775:15;
818:15;
847:5;
872:10;
887:4;
925:7;
926:8,
22;
927:5;
929:12;
933:1,
12,
24;
937:1,
7;
938:9
signing
1
882:2
signs
1
882:7
silt
31
666:5,
7,
17,
19;
668:5;
691:14;
692:3,
7,
8,
22;
693:6;
694:4,
6,
11;
729:21,
23;
735:24;
736:4;
746:1;
749:19,
20;
753:18;
756:17;
757:20;
811:11,
18,
20;
814:4,
6,
8;
945: 18
silt’s
2
736:3,
9
siltation
18
662:18;
663:18;
750:21;
751:2;
753:17,
21;
754:4,
12,
20,
23;
755:7,
18,
22;
757:11;
946:2,
3,
7
similar
3
708:12;
847:13;
951:15
simply
3
666:8;
780:5,
14
since
48
652:20;
665:19;
666:3;
683:18,
19;
691:1;
718:23;
731:9;
735:7,
12,
13,
15,
18;
738:15;
762:10;
778:4;
782:2,
5;
784:11,
13,
22;
786:21;
791:2;
799:5;
801:6;
803:1;
804:19;
806:7;
815:8;
820:19,
22;
828:4,
5,
17;
842:24;
849:1;
872:8;
873:8;
879:9;
882:12;
884:8;
905:23;
921:13;
924:6;
940:24;
945:19;
946:11;
949:22
single
1
742:21
sit
4
834:24;
843:20;
874:4;
935:9
site
95
662:5;
675:15;
693:7;
695:4;
696:16;
698:6, 7;
700:8;
730:5;
741:20;
753:10;
756:20;
764:22;
769:9;
774:20;
789:21;
790:15;
792:23;
793:14,
15,
24;
794:10,
16;
797:20;
801:23;
802:3,
6;
807:18,
24;
808:7,
13;
810:10;
814:6;
816:11;
818:23;
821:3;
822:21;
824:10,
21;
826:3,
8,
12;
833:17;
837:10,
12,
19;
838:1,
4,
14;
839:4;
844:7;
845:2,
12;
846:8;
850:7;
851:19,
21;
859:23;
860:2;
861:7,
14,
20,
23;
862:1;
866:2,
5,
8,
15,
19;
873:10;
875:1,
13,
18;
880:4,
5;
881:20;
884:6;
888:9;
891:1,
4,
19;
892:19;
893:13;
894:3;
914:4,
8,
10,
22;
915:4,
12;
949:12;
950:2;
955:18;
956:20
sites
11
829:22
siting
5
900:17,
24;
901:17;
902:6;
906:2
sitting
5
763:22;
791:9;
863:17,
20;
936:9
situ
1
868:23
situation
7
663:8;
673:10;
748:21;
815:19,
24;
816:13;
866:12
SiX
9
659:1;
686:7;
708:22;
792:6;
794:4;
874:9;
895:18;
946:3,
8
size
4
692:13;
726:16,
19;
727:10
sky
21
729:6;
752:14
slide
1
748:23
slope
16
694:9,
12;
723:1;
730:23;
753:5,
13;
765:3;
767:12,
24;
770:10,
14,
15;
771:23;
811:5;
835:2;
904:21
sloped
1
770:5
slopes
71
771:24;
773:1;
810:9;
901:10,
12,
14;
904:23
sloping
2
767:15,
16
slow
53
767:2;
811:12,
21;
813:18;
814:9
slowed
1
703:2
slowly
1
888:22
slurry
1
902:21
small
16
773:4;
824:16,
18;
861:15;
863:24;
864:3;
866:19;
871:18;
880:9,
16;
881:4,
8,
14,
19,
23;
949:14
smaller
2)
726:20;
771:6
smell
10
707:18,
19,
20,
23,
24;
708:2;
747:11;
787:24;
958:4
smell’s
1
708:3
smelled
10
707:11,
17;
708:3,
5,
12;
787:21;
941:2;
957:23,
24;
958:1
smelling
1
708:13
smothered
~ij
941:1
snowfall
3
825:4,
5,
8
snowmelt
2
826:3;
880: 19
sock
4
720:6;
750:22,
23,
24
soil
30
717:17;
794:5,
18;
795:16;
810:11;
816:21;
817:5,
9,
11,
18;
820:2;
864:5,
21;
865:2;
867:8,
10;
868:1,
11,
17;
869:1,
8,
12;
872:5;
874:7;
888:13,
19;
889:9;
897:19;
903: 11
soils
1
889:3
solely
(5
813:5;
848:9;
857:15;
858:23;
864:9
solid
2
743:9;
924:2
solved
2
667:24;
681:23
solvent
1
707:19
somebody
6
744:19;
766:16;
791:21,
22;
942:21;
955:6
somehow
1
815:2
someone
11
677:12;
681:13;
705:23;
709:9;
741:6;
839:16;
861:2;
892:14;
910:22,
23;
960:8
sometime
133
657:22;
714:20;
715:2;
719:1;
744:1;
745:9;
774:23;
‘775:1;
851:3;
865:5,
16;
867:22;
940:14
sometimes
6
673:19;
705:11;
706:8;
710:21;
812:5;
893: 17
somewhat
(31
707:19;
762:15;
834:13
somewhere
8)
698:6,
7;
699:3,
6;
798:23;
862:3,
8
soon
7
723:21;
725:18;
734:22;
934:9;
937:4;
949:15;
964:4
sooner
1
734:10
sorling
11
650:7
sorry
11
692:13;
706:18;
714:17;
722:13;
733:13;
752:7;
794:8;
846:18;
901:21;
903:5;
925:2
sort
a
802:13;
928:10;
951:19
sound
2
711:15;
719:13
soupy
2
692:19;
693:1
source
31
773:14;
942:6;
956:13
sources
1
813:20
south
32
649:18;
650:4;
661:24;
667:10,
12;
695:17;
736:15;
754:15;
763:19;
764:19,
23;
765:4,
8,
9,
20;
766:5,
6;
767:8;
773:9,
10,
13;
824:15;
826:24;
827:2;
866:20,
22;
891:5;
897:18;
900:3;
902:19;
955:3
southeast
3
862:1;
897:15;
898:6
southeastern
2
898:6;
899:19
southern
1
924:12
southwest
2
773:16;
86 1:24
soybeans
(11
764:22
5~2
703:24;
870:11
space
1
857:19
speak
2
901:19;
903:4
speaking
5
658:9;
664:24;
759:16;
911:12;
943: 12
spec
1
743:2
special
7
653:22;
689:4,
15;
785:1;
825:18;
829:17;
896:2
specialized
i1~
890:19
specific
121
654:2;
689:20;
926:12;
928:8;
931:1;
932:19,
23,
24;
935:13;
938:8,
15;
948:18
specifically
18
690:9;
727:9;
738:3;
763:16;
793:19;
815:7;
831:5;
909:18,
20;
910:15;
911:21;
913:1;
925:10;
930:3;
933:1;
936:1;
938:17,
19
specificity
1
687:12
speculation
1
678:19
speed
2
674:7,
8
spelled
1
854:22
spend
3
822:22;
892:23;
893:21
spent
2
823:2;
858:1
spill
2)
819:11,
17
spillage
2
820:10;
839:24
spilling
3
819:20,
21
CAPITOL
REPORTING
SERVICE,
INC.
POLLUTION
CONTROL
BOARD
HEARING
12/12/96
spills
1
820:1
spoils
211
669:16;
671:6,
10,
14,
15,
16,
22;
672:1;
675:5;
676:12;
677:21;
678:2;
700:24;
701:1,
12,
19;
702:13;
747:3,
5;
874:17;
957:4
spoke
2
735:8;
800:2
sporting
1
677:2
spot
1
765:24
spring
5
836:7,
11;
867:4;
946:13
springfield
11
649:18;
650:5,
10,
16;
895:1,
21;
899:14;
959:12;
963:16,
20;
965:22
square
3
673:16;
726:21,
23
st
1
654:13
stabilization
1
673:15
stabilizer
1
673:17
stabilizers
4
672:9;
673:5,
8,
9
stable
(1
672:10
stack
1
803:14
staff
2
895:10;
925:18
stakes
2
944:13;
945:2
stamp
1
795:8
stamped
1
802:23
stand-alone
11
c~i~
standard
7
818:22;
930:14;
931:2,
11,
17,
24;
932:8
standards
8
915:13,
14;
930:20;
932:22,
23;
933:8,
9,
14
standing
6
723:3,
8,
13,
17;
748:24;
774:3
stands
1
769:22
start
9
750:5;
764:11;
786:8;
787:18;
907:10;
929:21,
22;
938:3;
962:14
started
20
654:9;
663:3;
664:17;
676:20;
682:1;
699:22,
23;
700:3;
719:24;
732:23;
761:8;
775:9;
788:15;
791:17;
792:16;
793:5,
8;
861:22,
24;
890:5
starting
5
688:22;
722:11;
757:13;
959:15
starts
4
773:15,
20;
787:17;
821:8
state
23
649:2,
5;
652:2;
653:10;
672:24;
716:4;
761:1;
763:3,
4;
765:15;
786:21;
802:23;
809:3;
846:10;
878:16;
894:18;
895:9;
911:11;
915:13;
920:8;
923:24;
924:11;
965:1
stated
5
8047;
878:11;
879:21;
921:10
statement
4
ccsia~
718:7;
879:10;
955:10
statements
6
780:7;
830:12;
878:23;
942:16;
954:10;
956:17
states
2
790:4;
961:22
stating
2
682:23;
944:19
statistics
1
931:17
status
3
783:22;
916:24;
9 17:9
statutory
1
935:13
stay
3
700:8;
943:1;
963: 16
stayed
1
718:8
steel
4
676:3;
708:23;
744:12;
943:4
steep
81
673:22;
765:22;
770:6,
10,
14;
771:19,
23;
773:2
steeper
1
771:23
stench
1
707:18
steve
43
650:19;
651:11;
653:4,
5,
12;
681:12;
693:15;
697:14;
699:17;
703:7;
712:21;
713:2;
721:8;
737:5,
18;
748:3,
11,
13;
768:16;
800:13;
851:18,
19;
852:21;
864:5;
865:3;
867:7,
13;
877:7,
10;
921:12;
940:7,
23;
941:2,
24;
948:12;
949:10;
951:3,
5;
952:5;
953:3;
955:22
stick
2
815:9;
959:10
stickler
1
824:22
still
36
656:11;
657:2;
665:1;
676:24;
677:12;
701:1;
713:21,
23;
717:12;
731:15,
17;
752:20;
799:6,
8;
823:18;
828:16;
845:23;
846:7,
14;
863:9;
865:7;
869:12;
874:8;
880:2;
882:2;
884:3;
903:18;
908:17;
913:7,
14;
914:23;
915:6;
936:23;
939:22;
945:22;
952:23
stinky
1
707:18
stipulate
1
803:24
stipulated
1
907:24
stockpile
7
671:21;
872:5,
6;
874:16;
889:3,
13;
893:15
stockpiled
9
874:7,
13,
is;
875:17;
888:10,
16,
18,
21;
889:11
stockpiles
1
888:15
stood
1
707:13
stop
1
744:9
stopped
3
801:24;
823:10;
839:4
store
1
813:8
storm
57
658:16,
20;
659:20;
660:12;
661:7;
693:2;
694:19;
695:1,
3,
7;
718:17,
20;
719:19,
23;
721:9;
729:4;
731:8;
732:2;
733:3;
734:14;
798:21;
799:21;
801:22,
24;
808:21;
809:8,
15;
810:24;
812:14;
816:19,
20;
818:19;
819:2,
6;
820:16;
821:6,
8,
10;
823:5;
824:23;
825:1,
6;
831:4;
834:22;
836:14;
838:10,
15;
839:2,
6;
881:2,
3;
886:5;
892:4;
904:18;
947:15
straight
8
673:11;
677:16;
727:21,
22,
23;
728:5;
742:4;
913:11
straightened
1
757:10
stratum
1
914:14
straw
1
811:21
stream
4
773:12,
14,
23;
774:14
street
3
649:18;
650:4,
9
stretching
1
877:15
stricken
2
832:19;
929:14
strike
6
655:4;
840:20;
857:7;
886:17;
954:8;
963:1
stringent
1
935:20
stron
2
676:16;
813:22
struc
1
664:8
structure
2
732:8;
753:8
structures
1
818:19
studies
1
896:11
study
1
849:21
stuff
6
713:7;
753:18;
806:19;
813:18;
814:22;
865:23
subheadings
1
854:23
subject
5
796:23;
830:6;
927:3;
929:14;
930:11
submission
4
776:24;
872:12,
14,
18
submit
13
713:5;
751:14;
781:9;
807:3,
7;
829:12;
843:6;
852:15;
859:12;
867:19;
886:17;
925:13;
934:12
submittal
40
680:13;
683:7;
711:17;
712:18;
748:3;
775:2,
3;
776:3,
12;
777:1,
17,
18,
19,
22,
23;
778:4;
780:22;
781:18;
782:2;
783:6;
788:7,
8;
820:14;
850:8;
854:2;
859:8;
873:24;
909:11;
910:21;
911:1;
914:7,
21;
915:19,
24;
916:21;
926:16;
933:17,
20,
22;
936:19
submittals
5
776:23;
784:14,
21;
895:11;
925:24
submitted
49
680:7;
684:4;
774:19,
21,
22;
775:1;
776:19,
21;
777:2,
7,
8,
15;
778:22;
781:13;
782:3,
6,
12,
15,
18,
20;
784:7,
12,
15,
16;
785:7,
21;
788:19,
21;
790:1;
797:5;
807:5;
827:21;
829:16;
831:9;
837:14;
843:18;
850:13;
853:15;
872:11;
883:21;
887:4,
10;
903:20;
919:8;
926:22;
933:4,
16;
934:6,
16
submitting
3
712:17;
910:20;
933:1
subparagraph
1
8 17: 19
subpart
6
785:5;
812:10;
813:24;
814:23;
815:1;
903:7
subparts
2
809:19;
820:12
subsequent
3
779:7;
905:13;
926:20
subsequently
1
683:5
substance
1
928:5
subtitle
4
78ss~
797:16;
938:2,
4
subtitles
1
854:23
successful
3
664:23;
733:3;
734:14
suggest
3
750:20;
962:2,
12
suggested
6
720:7;
750:16,
21,
22;
751:1,
2
suggesting
1
756:7
suite
1
650:9
sulfur
1
707:23
summarize
1
924:8
summer
19
659:24;
667:18;
668:1;
681:6;
685:10;
719:13;
732:18,
20,
21;
851:3,
4;
852:10;
866:24;
867:3,
20,
23;
940:14;
945:19;
948:12
sunday
2
901:5;
940:24
supplement
1
666:13
supplemental
4
797:9;
900:8;
926:5;
933:15
supplied
7
795:13;
797:7,
9;
857:17,
18,
19;
890:8
supplies
1
890:17
supply
1
858:12
support
1
780:7
supports
III
676:4
supposed
12
751:8;
821:24;
826:14;
827:1;
838:15;
839:23;
848:11;
858:12;
869:16;
893:13;
905:7;
912:23
supposedly
1
728:19
suppresses
1
818:3
surdex
3
861:4;
870:3,
6
surface
6
726:3;
772:14;
816:19;
817:16;
818:20;
904: 15
surfaces
1
810:15
surfacing
1
815:2
surrebuttal
1
951:4
surround
1
898:10
surrounding
2
767:3;
898:6
survey
19
861:3;
873:11,
23;
875:8,
12;
890:4,
16,
17;
891:7;
892:15,
21,
24;
893:3,
20,
22,
23;
944:11,
12,
14
surveyed
1
746:10
surveying
3
944:9,
17,
CAPITOL
REPORTING
SERVICE,
INC.
POLLUTION
CONTROL
BOARD
HEARING
12/12/96
742: 19;
804:7;
884:6
20
surveys
4
sn~s;
890:13;
893:17,
18
sustain
11
794:5
sustained
5
705:5;
756:8;
790:10;
832:9,
20
sweet
iii
708:1
switch
2
685:5;
774:16
switched
1
885:3
sworn
8
653:7;
760:22;
894:15;
908:22;
923:21;
940:3;
953:5;
965:8
symons-jackson
19)
660:3,
20,
21,
23,
24;
651:4;
665:10;
674:20,
24;
678:18;
687:1,
19;
688:15,
16,
18;
698:24;
714:1,
3,
12;
716:4,
11;
718:14;
721:18,
24;
722:15;
742:11;
756:5;
758:2,
4;
760:9;
776:5,
10;
777:3;
778:3;
782:24;
786:2;
789:2;
790:8;
795:2;
796:22;
803:11,
15,
19,
23;
804:8;
805:10;
809:23;
810:2,
6;
814:19;
830:1;
831:18;
832:4,
16;
833:7;
836:17;
855:20;
871:16;
876:6;
877:6,
21;
885:21;
892:10,
13;
894:4;
907:17,
19;
908:8,
14,
24;
910:1,
2,
15,
18;
913:20;
917:13;
951:1;
964:2,
7
synthetic
1
813:7
system
36
668:11,
14,
16,
22;
670:18;
675:5;
703:22;
704:9;
745:8;
747:5;
786:9;
788:6;
791:23;
792:24;
793:14;
831:11,
12;
848:1,
10,
17,
20,
21,
22;
855:18;
856:11,
17,
19;
857:10;
859:3,
16;
867:15;
887:14;
898:11,
23;
963:20
systems
1
786:19
815:24;
822:10;
825:12;
827:13;
833:13;
834:4;
839:8;
849:1;
353:19;
856:2;
860:1;
861:23;
872:16,
20;
873:8;
886:4;
907:23;
913:3;
954:21;
956:23;
962:12
talks
5
808:20;
815:7;
903:7;
904:9,
15
tall
1
676:9
tank
1
847:17
t
1
700:22
tay
or
19
654:6;
689:2,
14;
714:10;
764:5;
774:19;
775:17;
777:6;
782:11;
785:17;
787:21;
788:6;
794:6;
800:22;
870:9;
895:22;
914:4;
919:8;
930:4
tclp
1
689:5
teach
1)
936:6
teani
121
709:14;
737:24
technical
16
669:4,
5;
682:1;
704:2;
832:6;
895:3;
918:20;
919:12,
14,
19,
20,
23;
925:4;
928:17,
18;
936:11
technological
111
762:9
technologies
u~i
795:1,
5,
6,
7,
11,
13,
16;
846:22;
867:14
technology
1
904:2
telephone
8
687:23;
857:20;
911:18,
20;
940:18;
948:11;
953:11,
20
tell
32
670:23;
673:2;
679:14;
694:24;
699:6,
7;
705:21;
715:5;
742:3,
4;
758:11;
764:3,
8;
770:23;
773:15;
806:5;
834:16;
836:23;
840:11;
847:8;
871:13;
873:5,
12,
16;
910:13;
911:21;
912:3;
916:8;
933:9;
937:18;
940:20;
94
1:8
telling
2
938:1;
958:13
temporary
2
717:1;
7 55:
17
ten
10
662:14;
674:13;
691:10;
692:19;
694:5;
721:23;
825:10;
889:14;
907:9;
948:9
tend
1
817:10
tender
1
907:21
tends
1
780:7
tens
2
858:7,
9
tension
1
676:13
tenth
5
825:3,
4,
7,
19;
881: 10
terex
(1
692:15
term
10
657:9,
14;
766:20;
772:16;
786:10;
793:22;
941:19;
943:7;
954:2,
3
terms
3
772:5;
862:12;
941:21
terrace
(5
732:10,
13;
733:15;
734:4;
904:21
terrain
3
763:21;
835:2
terrible
11
947:15
test
2
655:6,
8
tested
1
930:22
testified
37
653:7;
667:5;
670:1;
750:8;
752:11;
753:1;
760:22;
777:6;
799:23;
800:2;
823:21;
829:5;
832:12;
835:19;
839:11;
840:3,
6;
846:24;
856:15;
868:16;
878:19;
880:11,
20;
894:15;
908:17,
22;
915:2;
919:4;
923:21;
934:4;
940:3,
7;
947:6;
951:24;
953:5,
9,
11
testifSr
7
~
909:23;
911:15;
913:2,
10;
924:14;
950: 17
testii~7ing
7
799:19;
823:23;
844:19;
910:14;
913:7;
953:18;
954:13
testimony
42
652:15,
17;
666:3;
688:20;
691:12;
696:2;
714:18;
722:10;
727:19;
731:24;
800:1;
833:22;
837:3;
838:4,
19;
840:19,
21;
841:1;
844:15;
852:21,
24;
853:2,
22;
868:20;
874:4,
14;
879:13;
881:5;
909:2,
14,
24;
910:8;
914:1;
921:9;
926:4;
929:13;
931:20,
23;
944:4;
952:1;
954:9;
961:14
testing
(41
654:23;
794:20;
795:15;
835:5
tests
3
868:18,
23;
869:12
thanks
1
963:9
thaws
1
946:13
themselves
1)
934:3
thereafter
2
740:3;
905: 10
therefore
1
909:23
they’ll
3
709:12;
770:23;
847:16
they’ve
101
686:6;
762:17;
778:4;
795:11;
814:23;
830:16;
832:2;
thick
2
708:22,
24
thicker
1
862:17
thickness
ISI
794:15,
17;
862:12,
14;
864:6;
890:11
thicknesss
1
867:17
thin
1
863:19
thinking
1
833:19
thinks
1
837:18
third
3
656:15;
674:13;
903:14
thomas
5
650:2,
22;
760:20;
761:2;
808:2
thompson
1
681:17
though
6
668:9;
725:2;
740:12;
750:6;
850:6;
929:13
thousands
3
771:13;
858:7,
9
three
45)
656:3;
659:1;
665:8;
667:16;
669:23;
676:8;
681:23;
683:24;
697:18,
19;
709:5;
718:22;
720:23;
728:6;
749:6;
750:2;
751:9;
755:3;
764:18;
782:5;
791:24;
794:23;
800:11;
821:24;
822:4;
851:22;
860:11,
14;
861:8;
862:16;
876:24;
880:22,
23,
24;
888:6,
22;
890:6;
897:18;
900:1;
912:22;
942:2;
959:14,
19,
20
three—
1
751:22
three-day
1
668:9
threw
(11
694:7
throughout
4
866:22;
891:1;
930:7;
951:22
thunderstorm
a
675:16,
19;
947:11
thursday
2
941:10,
17
tighter
ii
962:11
till
~
700:1,
9;
907:9;
941:12
tilted
1
673:16
timber
2
769:16;
773:8
tune
167)
659:9,
19,
22;
660:12,
21;
662:21,
23;
663:6,
22;
664:1,
6,
15;
665:14,
20;
666:1,
3;
668:9;
670:22;
671:14;
672:17;
673:6;
675:22;
677:4;
681:19,
21;
683:18,
19;
684:16,
23;
686:12;
696:10;
697:8,
9;
698:4;
699:7,
12,
20;
700:3,
10;
702:24;
703:1;
704:17;
706:4;
708:12;
711:2;
712:24;
716:6;
724:24;
725:23;
728:7;
734:17,
19,
24;
735:15,
17,
20;
736:17;
738:14;
739:11;
741:18;
743:14,
15,
17;
751:9,
10,
23;
752:1;
755:15,
17;
759:10;
761:11;
762:22;
766:15;
771:16;
774:6;
779:10;
792:8;
796:2;
798:11;
799:5;
802:2,
4,
24;
805:5,
21;
813:9;
814:9;
821:2;
822:22;
823:1,
2,
6,
9;
824:9;
826:1;
828:4,
5,
9;
829:10,
15;
830:2;
831:16;
846:15;
848:21;
849:10;
850:5,
23;
851:2;
852:10;
853:15,
16;
858:1;
865:3,
15;
867:15;
875:20;
876:17,
19;
882:2,
17;
885:8,
9;
888:7;
895:22,
23;
898:24;
909:5,
9;
910:24;
911:4,
9;
913:1,
12,
21;
914:24;
918:8,
10;
919:20;
934:14;
937:2;
941:11;
943:3,
7;
944:17,
18;
947:1;
948:10,
15,
17;
955:10,
11,
18;
956:12;
957:1;
958:1,
13;
960:12;
963:17,
19
timely
1)
666:13
times
35
662:11,
14,
22;
691:10;
701:3,
6,
7;
702:8;
table
1
936:9
talk
22
663:1;
682:13;
689:21;
698:12;
709:11,
12;
742:16;
748:17;
767:7;
771:8;
8
15:4;
828:19;
832:6;
833:9;
876:2;
911:17;
935:10;
946:17;
951:5;
952:5;
956:7;
959:1
talked
25
664:8;
713:11;
714:18;
725:16;
738:11,
15,
21;
739:3,
11;
746:14,
16;
791:24;
814:22;
911:22;
912:13,
15,
17,
20;
946:19;
947:4;
949:11;
950:1;
954:1;
956:12;
963:13
talking
39
657:10;
663:6;
705:16;
711:9;
718:15;
726:2;
727:2,
3;
731:23;
736:11;
741:8;
766:14,
21;
776:6;
778:10;
779:24;
786:8;
793:8;
CAPITOL
REPORTING
SERVICE,
INC.
POLLUTION
CONTROL
BOARD
R1~ARING
12/i 2/96
703:4;
704:18;
709:1;
711:1;
725:9;
735:12;
738:7,
11,
16,
22;
751:19;
752:15;
774:3;
795:12;
806:16;
813:23;
821:15;
849:9;
851:22;
860:9;
861:8;
912:5;
928:9;
930:7;
947:3;
949:1;
962:10
timewise
2
751:11;
964:10
tiniing
1
811:24
tip
1
673:6
tips
1
905:11
title
2
801:10;
895:3
today
21
652:19;
658:3;
684:16;
690:5,
14;
695:17;
709:15;
712:4;
713:22;
798:11;
884:3;
909:23;
910:8,
14;
914:21;
915:7;
945:23
today’s
3
853:22;
877:3;
949:22
together
4
680:23;
781:24;
831:4;
912:22
told
20
676:14,
24;
735:9,
11;
740:15;
741:3;
746:17;
751:4;
766:16;
788:14;
792:7;
805:18;
818:6;
846:13;
940:20;
941:9;
954:19;
955:5,
7
tom
21
681:11;
709:15;
737:19;
760:19;
769:3;
796:10,
12,
13;
833:5;
841:8,
9,
10;
858:18;
859:19;
870:8,
17;
871:20,
24;
877:4;
893:9;
963:9
tomorrow
1
963:23
ton
2
663:15;
692:15
took
16
663:11;
666:23;
668:1;
669:13;
686:8;
700:24;
701:1;
712:9;
729:22;
732:21;
849:3;
942:10
top
33
675:21,
22;
692:24;
699:5;
701:6;
709:7;
723:11;
727:1,
4,
12,
20;
755:5;
771:21;
801:12;
811:8;
861:13;
863:17;
874:6,
11,
12,
14;
875:18;
888:10;
889:3,
12,
16;
893:1,
11;
902:17;
921:24;
946:3,
9
topic
1
655:10
topographical
21
764:4;
890:2
topography
5
764:9;
767:11,
23;
770:9;
772:24
topsoil
1
794:4
tossed
1
793:5
total
1
853:8
totally
3
693:8;
745:18;
893: 18
touch
2
915:1;
940:23
toward
16
713:14;
764:23;
765:4,
5,
20;
766:8;
767:16,
20;
771:2;
773:3;
811:8,
9,
16;
830:4;
831:14;
906:6
towards
5
755:8;
757:14;
830:8;
831:21;
900:4
township
1
763:17
track
6
663:15;
674:8;
700:21;
865:22;
890:11;
952:17
tracked
(1
858:1
tracking
3
751:18;
818:3,
11
tracks
2
672:10;
956:1
tractor
1
865:2 1
train
1
940:10
trained
2
821:2;
822:16
training
4
762:24;
763:1;
transcript
9
649:23;
815:6;
911:11;
913:11;
959:16;
961:5,
11,
12;
965:9
transpired
1
670:23
transportation
2
689:10,
11
transported
1
704:11
trap
1
820:6
trapped
1
774:4
traveled
1
817:24
traveling
1
822:22
travels
1
772:22
treating
2
899:6,
11
treatment
2
82 1:13;
847:19
tree
1
746:2
trees
5
769:22,
23,
24;
770:4;
834:13
trench
1
693:24
trial
1
832:17
trickle
2
774:10;
824:11
tried
9
664:22;
751:10;
816:3;
820:23;
824:8
triggered
4
915:10;
929:16,
22;
932:2
trips
1
751:24
trouble
2
823:6;
866:6
truck
20
671:12,
13,
18;
677:7,
9,
15,
16,
17,
18,
20,
23;
700:13;
701:5,
16,
17;
702:13,
14;
748:23;
817:23
trucking
1
814:17
truckloads
6
663:21;
666:23;
692:2;
745:21,
22,
23
trucks
4
692:13,
15,
17;
7 04:10
true
16
690:12;
708:16;
721:8;
775:21;
782:17;
785:20;
788:20;
796:15;
814:24;
850:11;
863:9;
865:7;
869:19;
893:9;
960:14;
965:9
trust
2
791:6,
8
truthfully
1
883:4
try
11
688:19;
714:16;
767:20;
813:8;
815:18;
817:22;
821:11;
880:12;
891:20;
913:14;
936:3
trying
23
676:18;
706:12;
727:11;
731:20;
749:21;
779:11,
13;
780:12,
13;
781:7;
813:17,
19;
818:10;
819:20;
828:22;
867:1;
873:4;
876:14;
883:20;
891:17;
892:5;
893:5;
922:15
tsca
1
655:15
turn
8
753:19;
817:15;
901:7;
902:16;
903:24;
915:16;
943:9;
956:24
turned
4
672:10;
903:12;
922:9;
941:3
turning
1
728:17
twice
2
774:21;
902:9
two
43
656:19;
664:5;
685:21;
696:8;
697:6;
701:20;
709:5;
715:22;
718:22;
735:15,
17;
738:16;
743:17;
747:14,
18;
749:15,
16;
755:3;
758:12;
768:21;
784:13;
785:3;
792:9;
794:2,
22;
816:11;
823:21;
843:4;
853:19;
861:7;
862:16;
864:19;
873:13;
875:15;
876:14,
21,
23;
877:1,
17;
878:4;
911:8;
964:3
two-thirds
1
‘~ta~
type
17
666:10;
763:1;
768:8;
772:9;
798:1;
810:24;
812:18;
818:24;
820:5;
822:20;
826:2,
11;
844:9;
869:1;
916:3;
922:7;
954:5
typed
1
952:17
types
4
655:17;
761:16;
868:22;
936:4
typically
1
763:20
ultimately
1
704:23
unacceptable
1
788:14
unaware
1
805:23
unbelievably
1
675:23
uncapped
1
740:9
uncommon
1
676:14
uncorrected
1
845:4
uncovered
21
672:1;
675:6;
708:20;
709:3;
722:20,
21;
723:23;
740:10,
18,
20;
741:4,
6,
12,
18;
743:15;
745:1,
2,
4;
814:13;
953:23
under
(29
686:1;
758:12;
759:15;
783:24;
790:19;
794:22;
801:10;
804:16;
807:2;
808:20;
809:18;
812:8,
10;
823:18;
825:22;
835:7,
16;
843:2;
882:4;
883:13,
22;
908:17;
916:17;
929:4;
931:3;
933:15;
935:16;
039:22;
952:23
underlying
1
928:17
understand
22
657:10,
15;
689:7;
694:7;
695:12,
24;
701:8;
707:16;
712:7;
717:24;
718:13;
766:23;
772:2;
790:19;
823:19;
853:22;
924:17;
929:15;
941:16;
944:4;
954:4;
964:11
understanding
26
658:19;
661:6;
669:15;
682:16;
697:5;
712:8;
713:13;
766:14;
778:12;
779:23;
786:10;
790:11;
793:22;
795:24;
801:21;
802:24;
834:10;
850:22;
854:9;
864:3;
874:3;
879:17;
904:11;
929:3;
932:4,
7
understood
1
664:5
undertake
1
844:21
undertaken
1
866:16
undertaking
1
930:18
unexpectedly
1
941:11
ungodly
1
677:10
unilaterally
2
783:19;
931:2 1
unit
5
909:10;
910:6,
22;
924:3;
936:3
units
3
914:10,
18;
919:5
university
4
654:14;
762:9;
896:10;
924:12
unless
2
821:17;
934:16
unlikely
1
741:20
unplated
2
745:4,
5
until
22
677:1;
702:19;
703:2;
712:13;
717:22;
758:17;
776:20;
836:11;
842:14;
848:11;
849:4;
850:2;
853:16;
876:22;
882:17;
884:22;
901:16;
902:4;
907:9;
911:3;
940:10;
960:17
unusual
1
719:16
unwillingness
1
852:23
up
145
656:7;
659:17;
661:24;
662:3,
7;
663:6,
19;
664:2,
10,
16;
666:5;
667:22;
668:5;
671:1,
3,
4,
17,
19,
20;
672:24;
673:5,
21;
677:4,
9,
14,
15,
22;
678:3;
679:8,
11,
12,
13,
21;
692:20;
694:8;
696:1,
22;
698:10;
699:5,
23;
700:18;
701:4,
13,
15;
702:5,
9,
14,
15;
705:18,
23;
707:8;
713:2,
4;
717:3,
17,
18;
718:9;
724:15,
19,
21;
725:15;
727:17,
22;
728:5;
729:5;
731:12;
732:19,
23;
742:4;
743:3,
8;
746:8;
747:6;
748:3,
11,
13;
749:12;
750:11;
752:9;
753:15;
761:12;
769:19;
773:18;
776:15,
23;
806:20;
836:12;
874:4;
876:20;
822:18;
895:22
740:16;
757:9;
771:14;
802:12;
757:12;
779:4,
22;
802:13;
-U-
CAPITOL
REPORTJNG
SERVICE,
INC.
POLLUTION
CONTROL
BOARD
HEARING
12/12/96
780:4;
786:15;
791:7;
800:22;
806:2;
808:10,
12;
811:20;
813:5,
6;
814:11,
18;
816:24;
817:4,
12;
821:12;
822:9;
840:15;
845:5;
847:16,
21;
848:1;
852:19;
859:22;
864:17,
19;
869:5;
872:5;
873:3;
874:6,
8,
15;
888:11,
15;
890:22;
892:11;
893:3;
901:19;
903:4;
909:18;
910:16,
19;
912:23;
920:22;
923:16;
929:6;
933:7;
936:10;
941:12;
955:3;
956:2;
961:9;
962:5;
963:6,
7,
20
updated
1
822:13
updating
1
837:9
upper
4
717:3;
722:18,
20;
736:18
urgency
1
706:15
uses
1
770:17
using
4
692:14;
711:11;
814:11,
13
usual
1
927:11
utilizing
2
847:20;
893:15
vacant
1
769:17
valid
1
776:24
validity
1
914:17
valley
11
714:10;
847:14;
894:24;
895:11,
19;
896:18,
19;
897:5;
901:24;
905:6;
939:14
value
1
928:15
varies
1
862:15
variety
2
689:18;
935:18
various
18
667:7;
786:14,
21;
791:5,
20;
797:21,
24;
809:2;
810:19,
20;
815:14;
822:23;
838:23;
860:8;
866:18;
868:22;
896:16;
925:4
vary
1
774:7
vegetated
1
810:15
vegetation
3
811:22;
866:22;
887:22
vegetative
12
794:5;
810:8,
13;
814:4;
865:6,
8,
13;
866:3,
6,
9,
16;
887:17
vehicle
2
702:4;
844:7
vehicles
2
711:4;
955:24
vendors
2
815:14;
8 16:11
venture
1
791:21
verbal
1
770:2
1
verify
1
914:17
version
1
837:10
versus
1
652:3
vicinity
1
664:20
view
1
754:15
violation
1
818:12
violations
2
801:10;
827: 10
visits
1
851:21
volatile
2
847:22;
volatiles
1
847:23
volume
1
860:13
wait
5
702:19;
768:13;
848:19;
876:22;
940:10
waited
1
668:6
waiting
1
704:15
waive
1
829:23
waived
2
920:18;
921:15
walk
5
674:9;
741:7;
844:7;
960:4;
963:21
walking
3
674:7;
955:2,
17
wall
1
902:21
wanted
18
663:23;
665:24;
669:6;
688:13;
709:7;
713:4;
714:15;
720:4;
729:1;
731:22;
749:23;
781:19;
804:9;
849:14;
908:10;
920:19;
949:13;
951:9
wanting
1
844:21
wants
1
813:22
warning
3
937:5,
19;
938:5
wash
1
812:4
washed
1
867:5
washout
3
733:22;
756:10,
14
washouts
1
756:16
waste
26
650:14;
653:22;
678:7,
11;
689:4;
700:13;
702:23;
703:5;
718:4;
719:24;
762:10,
14;
794:1;
814:15;
817:24;
820:11;
860:2,
7,
13;
861:18,
19;
896:2;
900:16,
19,
21;
924:2
wasted
1
902:8
wastes
2
689:15;
905:16
wastewater
2
821:13;
847: 19
watched
2
834:19,
20
water
150
657:19,
23;
658:16,
20;
659:4,
12,
19,
20;
660:12,
24;
661:7,
16,
18;
662:5,
19;
664:16,
18,
21;
665:1,
4;
667:23;
690:19;
693:2,
6;
694:1,
3,
19;
695:1,
4,
7,
9;
696:12,
23;
697:3;
718:17,
20;
719:2,
19,
23;
720:8,
11,
17,
24;
721:9;
723:3,
8,
13,
15,
18;
725:8;
729:4,
9,
22;
730:15;
731:2,
3,
6,
8,
9,
14,
15,
19;
732:1,
2,
8;
733:3,
23;
734:4,
8,
14,
23;
736:3,
21;
748:20,
24;
749:18,
20;
752:2;
753:16;
766:18;
767:17,
20;
768:5;
772:7,
15;
773:22;
774:1,
5,
6,
8;
798:19,
21;
799:21;
801:22,
24;
802:3,
5;
806:24;
808:4,
22;
809:8,
15;
810:20,
22;
811:1,
12;
812:14,
23,
24;
813:19,
20,
21;
816:19,
20;
817:4;
818:19,
20;
819:2,
6;
820:16;
821:18;
822:2;
824:17,
20;
831:4;
834:1,
16,
22;
836:15;
838:10,
15;
839:2,
7;
886:5;
892:3,
4;
899:16;
904:15,
19;
943:18,
20,
21;
946:7
watercourse
1
771:11
watercourses
3
771:8;
773:10;
812:13
waters
1
802:22
watts
146
649:8;
652:3;
653:14,
15;
654:8;
661:16;
665:19;
668:24;
680:18,
20;
681:11;
683:18;
686:16;
689:2;
696:4;
703:14;
704:23;
706:24;
709:22;
712:16;
713:17;
714:5;
721:3;
737:19;
738:1;
747:23;
748:9;
756:15;
759:17;
761:4,
7,
17;
764:4;
765:9;
771:17,
18;
779:18;
782:3,
11;
784:2,
12;
785:16;
786:24;
788:6,
13;
790:13;
791:6,
10,
18;
793:11;
796:3,
14;
798:3,
20,
24;
799:1;
800:21;
807:7;
809:20;
820:20;
830:15;
832:2;
839:16;
841:11,
24;
843:5;
844:2;
846:3;
847:1;
848:8;
849:4,
7,
8;
850:2,
6,
12,
18,
23;
851:13,
23;
852:3,
15;
853:5;
854:14;
861:23;
862:19;
866:15,
19;
867:10;
868:6,
10;
875:11;
876:15;
884:15;
885:18;
886:7;
887:16;
894:22;
895:16,
17;
896:1,
15;
898:24;
902:20;
903:10;
904:3,
4,
11,
17;
906:2,
5;
909:7;
914:7;
917:22;
918:3,
23;
924:16,
22;
925:8,
22;
927:5;
929:8;
930:3,
6,
10,
17;
932:16;
933:7,
16;
934:5,
8,
11,
15;
937:12,
21,
23;
938:16,
19,
23,
24;
939:13;
944:22;
948:17,
21;
949:5
watts’
7
678:16,
23;
686:19;
740:15;
769:9;
790:20;
852 :22
way
48
660:10;
661:23;
664:6,
7;
673:16,
18;
674:14;
692:10;
702:1,
7;
706:1,
9;
712:17;
713:14;
720:6;
721:15;
727:21;
728:13;
730:21,
24;
734:18;
741:13;
748:18,
21;
749:17;
750:13,
16,
22;
753:16,
19;
764:21;
766:7;
768:6;
773:21;
834:20;
843:22;
844:3;
862:1,
2;
876:3;
890:9;
912:19;
948:6;
959:11;
961:24;
962:7;
965: 11
wayne
4
659:18;
738:20,
21;
787:4
ways
5
746:22;
753:15;
835:2;
890:3;
962:10
weather
1
844:20
wedged
1
701:19
wednesday
(2
675:11;
683:11
week
2
750:5;
911:3
weekend
2
740:11;
94 1:1
weeks
7
684:1;
749:22;
853:23;
917:4;
959:14,
19,
20
weight
1
952:1
welding
1
676:21
well-documented
1
84 5:7
wells
74
685:9,
21;
686:7;
697:22;
701:10;
702:12,
18;
704:19;
706:3,
5,
6,
13;
707:6;
708:9;
709:19;
710:3;
713:8;
740:9;
741:22;
746:22;
762:3;
787:7,
8;
847:2,
9;
848:6,
18;
849:14,
18,
20;
850:17;
851:10,
11;
852:7;
856:22;
857:2;
863:22;
864:10,
12,
15;
874:18,
22;
875:4,
18;
897:15,
18,
22,
24;
898:16,
18,
20,
21;
899:1,
16,
23;
900:2,
3;
914:14;
916:15;
940:13;
941:9,
11,
20,
22;
942:2,
5,
17,
21,
22;
943:5,
7;
956:8,
14
west
28
661:17;
664:18;
722:23;
763:16;
764:15,
17;
765:19,
20;
767:5,
22;
769:8,
12;
771:2;
811:5,
15;
817:2;
834:7,
9,
12;
835:13,
17;
862:2,
3;
865:15;
866:1;
887:17,
20;
89 1:4
western
4
7i~:i;
730:23;
866:14;
900:4
wet
1
693:1
whatever
22
662:6;
663:24;
665:24;
669:12,
13;
701:14;
725:8;
726:8,
14,
20;
727:17;
728:4;
732:7;
736:3;
743:2;
744:10;
761:20;
791:10;
879:2;
911:13;
955:7;
956:23
whenever
5
i~s~
7 13:6;
723:19;
725:2,
17
wherever
1
863:24
whichever
1
716:19
whitley
44
651:9;
657:9,
12,
14,
20;
661:8,
11;
662:6,
8;
663:5;
666:4,
18;
670:1;
690:11;
696:1;
710:4;
738:5,
7;
739:20,
24;
740:7,
16;
745:20;
746:16;
757:20;
766:12,
20,
24;
767:22;
768:2,
3;
769:18;
897:23
CAPITOL
REPORTING
SERVICE,
INC.
POLLUTION
CONTROL
BOARD
HEARING
12/12/96
833:14;
834:8;
939:20,
21;
940:1,
6;
953:9;
954:1,
20;
956:4;
958:13
whitley’s
14)
656:22;
661:17;
664:3;
746:7;
755:8;
767:8;
770:11;
810:22;
811:16;
817:2;
834:6;
835:12;
867:2;
954:10
whoever
5
737:20,
21;
756:3;
866:14;
912:7
whoever’s
1
709:15
whole ~sj
667:13;
764:6;
780:8;
927:21;
929:24
whomever
1
737:9
wide
11
667:4
widened
1
757:10
will
45
652:20;
704:23;
817:10;
820:2;
826:9,
11;
837:11;
847:8,
23;
856:24;
857:9;
869:9;
892:4;
003:13;
918:15,
22;
920:21;
922:16;
925:19;
941:4;
946:6;
951:18,
19;
959:6,
11,
17,
24;
963:16,
17,
19;
964:4,
15
willing
5
652:18;
677:23;
932:5,
8;
934:5
wisconsin
(1
799:2
wish
1
961:21
wished
1
907:18
withdraw
2
713:17;
807:22
withdrawing
1
787:8
within
8
666:13;
668:9;
681:24;
886:13,
14;
918:13;
919:21;
932:19
without
7
707:20;
783:20;
791:8;
873:12;
928:3;
944:1;
956:23
witness
36)
652:5;
653:3,
6;
674:22;
756:6;
760:15,
16,
18,
21;
780:6;
790:9;
796:24;
832:18;
877:23;
894:9,
11,
14;
897:2;
907:4,
20;
908:15,
21;
909:20;
911:14;
913:10,
13;
923:9,
18,
20;
927:23;
939:19;
940:2;
947:17;
950:22;
953:4;
958:20
witnesses
12
650:18;
651:1;
768:22;
907:6,
17;
909:17;
921:11;
928:5;
950:24;
951:24;
958:22;
965:8
won
1
779:12
wonder
1
778:18
wood
8
814:11,
13,
14,
18;
817:23;
818:7,
11,
13
wooded
5
764:13,
16;
765:10,
14
word
1)
941:19
words
13
689:20;
720:1;
9 19: 16
work
511
663:11;
668:8;
677:13;
725:22;
727:7;
732:24;
761:3,
20;
762:11;
787:12;
791:19,
21;
792:10;
794:23;
795:11;
808:8,
10;
815:19;
816:13;
831:14;
850:16,
17,
18;
851:12,
14,
20,
24;
852:3,
8,
15;
853:13,
16;
854:4,
9,
15;
863:10;
864:14;
866:24;
867:14;
868:17;
883:20;
884:1;
885:16;
890:5;
894:21;
895:5,
10,
11;
902:8,
18
worked
10
654:22;
669:9;
761:15;
793:2;
811:4;
862:1,
2;
895:17;
924:4,
6
workers
2
705:9,
13
working
22
666:22;
703:3;
706:24;
707:3;
710:11;
711:3;
713:14;
722:17;
744:17;
761:8;
784:6;
791:2,
5,
17;
837:7;
846:21;
849:12;
896:1;
900:13;
905:23;
957:24;
958:2
works
1
808:4
worse
2
957:5,
9
write
(1
706:3
writing
7
670:5;
771:9;
801:20;
878:14;
961:23;
962:2,
4
written
3
678:3;
801:10;
8 14:11
wrong
3
802:16;
828:22;
883:9
wrote
1
802:8
wuestenberg
5
737:19;
800:13,
14;
822:14;
825:22
yards
4)
692:19;
726:20;
862:12;
889:12
year
33
656:10;
698:1;
709:13;
718:22;
734:20;
740:7;
755:15,
18;
758:18;
761:9;
792:2,
13;
836:11;
841:22;
842:7;
843:4,
11;
849:4,
10;
850:2;
851:6;
872:17;
878:9;
903:13;
934:9;
937:9,
10;
946:11;
947:7,
23;
948:6,
14;
949:18
years
42
656:4;
660:18;
661:19;
686:6,
7;
689:12;
717:19;
738:22;
763:23;
766:18;
771:14;
785:3;
829:21,
22,
23;
843:4;
856:20;
860:9,
11,
14;
861:5,
6,
8,
22;
862:20;
863:1,
8;
873:14;
875:15;
877:1,
17;
888:7,
22;
890:7;
895:18,
24;
943:11;
948:9,
10
yesterday
(51
684:17;
869:14;
917:21;
918:1;
927:18
york
1
791:5
yourself
1
707:12
zappa
1
896:23
705:21;
753: 16,
795:16;
709:16;
728:1;
734:10;
19;
769:1;
792:11;
804:16;
811:20;
812:3;
X5
2
717:9
CAPITOL
REPORTING
SERVICE,
INC.