RECEIVED
BEFORE THE ILLINOIS POLLUTION CONTROL BOA~RKS
OFFICE
OCT
302003
PEOPLE OF THE
STATE
OF ILLINOIS,
)
)
STATE
OF ILLINOIS
Complainant,
)
Pollution
Contrbl Board
)
v.
)
PCB97-2
)
(Enforcement)
JERSEY SANITATION CORPORATION,
)
an Illinois corporation,
)
)
Respondent.
)
RESPONDENT’S SUPPLEMENTAL OPINION DISCLOSURE
NOW
COMES
Respondent,
JERSEY
SANITATION
CORPORATION
(hereinafter
“Jersey”) through
its
undersigned attorney, and discloses the following supplemental opinions of
Bradley Hunsberger and
Kenneth Liss, made in response
to the Complainant’s new opinions first
disclosed during orjust prior to the hearing in this matter
on September 23 and/or September 24,
2003.
Although
no
Board
or Hearing Officer
order
exists
or has been
entered requiring
this
disclosure,
Respondent
submits
it in
the spirit of cooperation,
and
in
the
hopes
that it will
expedite Complainant’s
discovery and
review of the information possessed by these witnesses,
reserving the right to
modify, clarify or supplement, as may be necessary.
For this supplemental
disclosure, Respondent states as follows:
Opinion Disclosures
A.
Bradley Hunsberger
(1)
Mr. Hunsberger will describe and explain his
professional experience and
background, including education, continuing professional education, professional
affiliations, and work history.
He will identify
specific
experience he has had
with groundwater issues and geologic and hydrogeologic evaluations at and near
landfills.
(2)
Mr.
Hunsberger will discuss his knowledge of the Jersey Sanitation
and
surrounding sites.
(3)
Opinions:
Mr.
Hunsberger
will
testify
that
he
has
reviewed
and
considered Complainant’s Exhibit No.
16
(a
memorandum
dated September 19,
2003 by Karen Nelsen), and has considered the record documentation relied upon
by
Karen Nelsen
and in Complainant’s Exhibit
No.
16,
as well as the testimony
given at hearing in this
matter (and
especially that of Karen
Nelsen),
and based
upon
that
information,
and
upon
his
professional
experience
and knowledge
generally,
and particularly
his
experience
and
knowledge with
respect
to
the
Jersey Sanitation landfill site and nearby
property, he
will state his opinions that:
(a)
The opinion expressed in Complainant’s Exhibit No.
16 and Karen
Nelsen’s testimony that G103 “does
not appear to
be an upgradient well,
possibly
is
downgradient;
is
monitoring
a deeper groundwater zone
that
sic
the
downgradient
wells,”
is
erroneous,
and
to
the
extent
not
erroneous is irrelevant to any issue pertaining to the appropriateness of the
monitoring
well
layout
or
position
and
screening
of
the
upgradient
monitoring well
or to
the reliability of data generated by the monitoring
well system.
(b)
G103
is
providing information that
is
reliable and
acceptable for
the purposes
it
is intended to
serve.
(c)
No reason or rationale exists to
replace or to perform evaluations
upon
G103,
or
upon
any
other
component
of
the
Jersey
Sanitation
groundwater monitoring system.
2
B.
Kenneth Liss
(1)
Mr.
Liss
will
describe
and
explain
his
professional
experience
and
background, including education, continuing
professional education, professional
affiliations, and
work experience.
He will identify specific experience he had had
with groundwater issues and geologic and hydrogeologic evaluations at landfills,
and evaluations ofgroundwater data for identification of groundwater impacts and
trends.
(2)
Mr.
Liss
will
identify
and
discuss
information
known
about
Jersey
Sanitation groundwater, including information relied upon by Karen Nelson.
(3)
Opinions:
Mr.
Liss
will
testify
that
he
has
reviewed and
considered
Complainant’s Exhibit
No.
16,
as well as more recent additions
and
versions of
that Exhibit (including Complainant’s Exhibit No. 20), and
the testimony given at
hearing in this matter (and especially that of Karen Nelsen), and has considered
the
record
documentation
relied
upon
by
Karen
Nelson and
in
Complainant’s
Exhibits
No.
16
and
20,
and
based
upon
that
information,
and
upon
his
professional experience and knowledge generally, and particularly his experience
and
knowledge
with
respect
to
the
information
obtained
from
the
Jersey
Sanitation Landfill groundwater
system
and
nearby
property, he
will
state his
opinions that:
(A)
The assertion in
Complainant’s Exhibit No.
16 that groundwater at
G104 and G105
“has worsened” is erroneous and
unfounded.
3
(B)
Available data does not support the contention that groundwater at
Jersey
Sanitation
landfill,
including
that
at
G104
and
G105,
has
“worsened.”
(C)
No
data supports
the
contention that
water
at
Jersey Sanitation
landfill, including that at G104 and
G105, has degraded, or that
a trend
toward degradation exists, has been revealed, or can be demonstrated.
(D)
No
“trend,”
as
that
term
is
used
with
respect
to
groundwater
quality
or constituents
at and near landfills
in
Illinois,
is
believed
to
be
developing at Jersey Sanitation landfill.
(E)
Even if
a trend
is
developing
such as that
suggested
by
Karen
Nelson, the appropriate action in
response would
simply be to
maintain
current monitoring.
(F)
No danger to human health or the environment is
exhibited by the
information
included
in
or
reviewed
for
purposes
of
Complainant’s
Exhibit No. 16.
Respectfully submitted,
JERSEY SANITATION CORPORATION,
Respondent,
By its
attorneys
HEDINGE~LAW
FICE
By: _____________________
StephenJ3~’eding~
HEDINGER LAW OFFICE
2601 South Fifth Street
Springfield, IL 62703
(217)
523-2753
phone
(217) 523-4366 fax
This Filing Submitted on Recycled Paper
4
RECELIVED
CLERK’S
OFFICE
OCT
30
2003
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
STATE OF ILLINOIS
PEOPLE OF
THE
STATE OF ILLINOIS,
)
Pollution
Control Board
)
Complainant,
)
)
v.
)
PCB 97-2
)
(Enforcement)
JERSEY SANITATION CORPORATION,
)
an Illinois corporation,
)
)
Respondent.
)
NOTICE OF FILING
AND
PROOF OF SERVICE
The undersigned certifies that an original and
three copies of the foregoing Respondent’s
Supplement
Opinion
Disclosure were served
upon
the
Clerk of the Illinois
Pollution
Control
Board, an,~one
copy to each of the following parties of record in this cause, before 5:30 p.m. on
this ~Z~ilay
of October, 2003, as indicated below.
Dorothy Gunn, Clerk
Jane
E. McBride (via hand delivery
& fax)
Illinois Pollution Control Board
Assistant Attorney General
James R. Thompson Center
Environmental Bureau
100 W. Randolph St., Suite 11-500
500 South Second Street
Chicago, IL
60601
Springfield, IL
62706
Carol Sudman (via U.S. mail)
Pollution Control Board
600 South Second Street, Ste. 402
Springfield, IL
62704
~‘tephe~/F.
Hedinge~”
/
HEDINGER
LAW
OFFICE
2601
South Fifth Street
Springfield, IL 62703
(217) 523-2753 phone
(217) 523-4366 fax
This
document prepared on recycledpaper
5