1 ILLINOIS POLLUTION CONTROL BOARD
     
    2
     
    3
    PEOPLE OF THE STATE OF )
    4 ILLINOIS, )
    )
    5 Complainant, )
    )
    6 vs. ) PCB 02-115
    ) (Enforcement - Air, Water)
    7 BLUE RIDGE CONSTRUCTION )
    CORPORATION, )
    8 an Illinois corporation, )
    )
    9 Respondent. )
     
    10
     
    11
     
    12
     
    13
     
    14
     
    15
     
    16 The following is the transcript of a hearing
     
    17 held in the above-entitled matter, taken
     
    18 stenographically by Gale G. Everhart, CSR-RPR, a notary
     
    19 public within and for the County of Peoria and State of
     
    20 Illinois, before Bradley P. Halloran, Hearing Officer,
     
    21 at 324 Main Street, Peoria, Illinois, on the 3rd day of
     
    22 February, A.D. 2004, commencing at 9:16 a.m.
     
    23
     
    24
     
     
    L. A. REPORTING (312) 419-9292
     
     

     
    2
     
     
     
    1 PRESENT:
     
    2
    HEARING TAKEN BEFORE:
    3 ILLINOIS POLLUTION CONTROL BOARD
    100 West Randolph Street
    4 James R. Thompson Center, Suite 11-500
    Chicago, Illinois 60601
    5 (312) 814-8917
    BY: MR. BRADLEY P. HALLORAN, ESQUIRE
    6
     
    7 APPEARANCES:
     
    8
    ILLINOIS ENVIRONMENTAL PROTECTION AGENCY
    9 BY: DELBERT HASCHEMEYER, ESQUIRE
    DENNIS E. BROWN, ESQUIRE
    10 Attorneys at Law
    500 South Second Street
    11 Springfield, Illinois 62706
    (217) 782-9031
    12 On Behalf of the Complainant.
     
    13
    MILLER, HALL & TRIGGS
    14 BY: WILLIAM R. KOHLHASE, ESQUIRE
    Attorney at Law
    15 416 Main Street, Suite 1125
    Peoria, Illinois 61602
    16 (309) 671-9600
    On Behalf of the Respondent.
    17
     
    18 ALSO PRESENT:
     
    19 Alex Gano
     
    20
     
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    L. A. REPORTING (312) 419-9292
     
     

     
    3
     
     
     
    1 I N D E X Page
     
    2
     
    3 GREETING BY HEARING OFFICER . . . . . . . . . . . . . 5
     
    4
    OPENING STATEMENTS:
    5
    BY MR. HASCHEMEYER . . . . . . . . . . . . . . . 8
    6 BY MR. KOHLHASE. . . . . . . . . . . . . . . . . 12
     
    7 WITNESS FOR THE COMPLAINANT:
     
    8 DENNIS HANCOCK
    Direct Examination by Mr. Haschemeyer . . . . 12
    9 Cross-Examination by Mr. Kohlhase . . . . . . 19
    Cont. Direct Examination by Mr. Haschemeyer . 25
    10 Cont. Cross-Examination by Mr. Kohlhase . . . 33
    Redirect Examination by Mr. Haschemeyer . . . 53
    11 Recross-Examination by Mr. Kohlhase . . . . . 55
     
    12 WITNESS FOR THE RESPONDENT:
     
    13 JOHN G. PALMER, SR.
    Direct Examination by Mr. Kohlhase. . . . . . 59
    14 Cross-Examination by Mr. Haschemeyer. . . . . 68
    Redirect Examination by Mr. Kohlhase. . . . . 70
    15
    REBUTTAL WITNESS FOR THE COMPLAINANT:
    16
    DENNIS HANCOCK
    17 Direct Examination by Mr. Kohlhase. . . . . . 72
     
    18 WITNESS FOR THE RESPONDENT:
     
    19 JOHN G. PALMER, SR.
    Further Redirect Examination by Mr. Kohlhase. 76
    20 Recross-Examination by Mr. Haschemeyer. . . . 78
     
    21
     
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    L. A. REPORTING (312) 419-9292
     
     

     
    4
     
     
     
    1 COMPLAINANT'S EXHIBITS ADMITTED INTO EVIDENCE:
     
    2 EXHIBIT 1 . . . . . . . . . . . . . . . . . . . --
    EXHIBIT 2 . . . . . . . . . . . . . . . . . . . 31
    3 EXHIBIT 3 . . . . . . . . . . . . . . . . . . . 11
    EXHIBIT 4 . . . . . . . . . . . . . . . . . . . 27
    4
    RESPONDENT'S EXHIBITS ADMITTED INTO EVIDENCE:
    5
    EXHIBIT 1 . . . . . . . . . . . . . . . . . . . 35
    6 EXHIBIT 2 . . . . . . . . . . . . . . . . . . . 58
    EXHIBIT 3 . . . . . . . . . . . . . . . . . . . 41
    7 EXHIBIT 4 . . . . . . . . . . . . . . . . . . . 59
    EXHIBIT 5 . . . . . . . . . . . . . . . . . . . 59
    8
    All exhibits were retained by Hearing Officer
    9 Halloran.
     
    10
     
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    L. A. REPORTING (312) 419-9292
     
     

     
    5
     
     
     
    1 HEARING OFFICER HALLORAN: Good morning. My name
     
    2 is Bradley Halloran. I am a hearing officer with the
     
    3 Illinois Pollution Control Board. I'm also assigned to
     
    4 this matter entitled PCB 02-115, People versus Blue
     
    5 Ridge Construction Corporation.
     
    6 It's 9:16 on February 3rd of the year 2004.
     
    7 I want to note for the record there are no members of
     
    8 the public here, correct? Raise your hand.
     
    9 (No response.)
     
    10 HEARING OFFICER HALLORAN: But if they were here,
     
    11 they would be allowed to give public comment or public
     
    12 statement. We are going to run this hearing pursuant to
     
    13 Section 103.212 and Section 101 subpart F under the
     
    14 Board's general provisions.
     
    15 I note that this hearing is intended to
     
    16 develop a record for review for the Illinois Pollution
     
    17 Control Board. I will not be making the ultimate
     
    18 decision in the case. That decision is left up to the
     
    19 five members of the Pollution Control Board. They will
     
    20 review the record, the transcript and also the
     
    21 posthearing briefs and render a decision in this matter.
     
    22 My job is to ensure an orderly hearing and clear record
     
    23 and rule on any evidentiary matters that may arise.
     
    24 After the hearing, the parties will be given
     
     
    L. A. REPORTING (312) 419-9292
     
     

     
    6
     
     
     
    1 an opportunity to submit posthearing briefs if they
     
    2 choose. These, too, will be considered by the Board. I
     
    3 note that the Board granted Complainant's motion for
     
    4 partial summary judgment on August 7th, 2003, and
     
    5 directed this hearing be held on issues of penalties,
     
    6 cost and attorney's fees. To that end the parties are
     
    7 only to present testimony and evidence that are relevant
     
    8 to the factors in causes that are set forth in Section
     
    9 33(c) and 42(h) of the act.
     
    10 I want to be a little more specific. If the
     
    11 Complainant proves an alleged violation or violations
     
    12 which it has, the Board considers the factors set forth
     
    13 in Sections 33(c) and 42(h) of the act and fashion an
     
    14 appropriate remedy for the violation. Specifically, the
     
    15 Board considers Section 33(c) factors in determining
     
    16 first what to order the respondent to do to correct the
     
    17 ongoing violations, if any, and, second, whether to
     
    18 order the respondent to pay a civil penalty. The
     
    19 factors provided in Section 33(c) bear on the
     
    20 reasonableness and circumstances surrounding the
     
    21 violation such as character and degree of any resulting
     
    22 interference with protecting public health, the
     
    23 technical correctability and the economic reasonableness
     
    24 of fines and whether the respondent has subsequently
     
     
    L. A. REPORTING (312) 419-9292
     
     

     
    7
     
     
     
    1 eliminated the violation.
     
    2 If after considering the Section 33(c)
     
    3 factors the Board decides to impose a civil penalty on
     
    4 the respondent, only then does the Board consider the
     
    5 act Section 42(h) factors in determining the appropriate
     
    6 amount of civil penalty. Section 42(h) sets forth
     
    7 factors that may mitigate or aggravate the civil penalty
     
    8 amount such as duration and gravity of the violation,
     
    9 whether Respondent showed due diligence in attempting to
     
    10 comply, any economic benefit that the respondent accrued
     
    11 from delaying compliance and the need to deter further
     
    12 violations by the respondent and others similarly
     
    13 situated.
     
    14 With that said, Mr. Haschemeyer, would you
     
    15 please introduce yourself?
     
    16 MR. HASCHEMEYER: Thank you, Mr. Hearing Officer.
     
    17 My name is Delbert Haschemeyer. I am the assistant
     
    18 attorney general representing the People of the State of
     
    19 Illinois -- actually, Illinois Environmental Protection
     
    20 Agency -- in this matter.
     
    21 HEARING OFFICER HALLORAN: Thank you.
     
    22 Mr. Kohlhase.
     
    23 MR. KOHLHASE: My name is William R. Kohlhase. I'm
     
    24 an attorney. I represent the respondent Blue Ridge
     
     
    L. A. REPORTING (312) 419-9292
     
     

     
    8
     
     
     
    1 Construction Corporation.
     
    2 HEARING OFFICER HALLORAN: Mr. Haschemeyer, do we
     
    3 have any preliminary issues you want to talk about or do
     
    4 you want to give an opening statement?
     
    5 MR. HASCHEMEYER: Mr. Hearing Officer, I have no
     
    6 preliminary matters, but I would like to make a brief
     
    7 opening statement just to kind of place this matter in
     
    8 context at least in terms of how I understand the
     
    9 situation we are in. Mr. Hearing Officer, as you
     
    10 referenced there was previously filed a motion for
     
    11 summary judgment which was granted by the Court.
     
    12 HEARING OFFICER HALLORAN: You may remain seated.
     
    13 MR. HASCHEMEYER: That motion actually was a
     
    14 partial motion for summary judgment. It left -- it
     
    15 addressed and sought summary judgment relative to the
     
    16 allegations in Count 1 which had to do with 9(a)
     
    17 allegations. It addresses two allegations in Count 2
     
    18 having to do with the lack of notice and the lack of
     
    19 inspection, if my memory is correct, relative to the
     
    20 NESHAP requirements to this particular situation. And
     
    21 it addressed Count 3, which was open dumping,
     
    22 and Count 4 which alleged a water pollution threat. It
     
    23 did not address four allegations in Count 2 which, if my
     
    24 memory is correct, are paragraphs 11, 12, 13 and 14 of
     
     
    L. A. REPORTING (312) 419-9292
     
     

     
    9
     
     
     
    1 Count 2. And those allegations are specific NESHAP
     
    2 allegations related to the project that the respondent
     
    3 had undertaken.
     
    4 Now at the time, that motion for summary
     
    5 judgment didn't address this because to prove the
     
    6 allegations in those four paragraphs it was necessary to
     
    7 establish a threshold amount of asbestos-containing
     
    8 material on the site. And in reviewing all the
     
    9 documents in the file, it was felt that the documents
     
    10 did not establish that to a level necessary to support a
     
    11 motion for summary judgment. Consequently, those four
     
    12 allegations still are on the table. It would be our
     
    13 intention this morning to address those four
     
    14 allegations.
     
    15 Now these allegations contained in those four
     
    16 paragraphs were answered by the respondent in his
     
    17 answer. And he responded in essence or in substance
     
    18 admitted the factual allegations contained in those
     
    19 paragraphs but denied the remainder of the paragraphs
     
    20 for the allegations of specific violations. So what
     
    21 remains to be addressed in terms of the factual issue is
     
    22 the issue or question of how much asbestos-containing
     
    23 material was on the site.
     
    24 Relative to the 33(c) factors and the 42(h)
     
     
    L. A. REPORTING (312) 419-9292
     
     

     
    10
     
     
     
    1 factors as a foundation or basis for the motion for
     
    2 partial summary judgment, the parties entered into what
     
    3 I would term as a comprehensive stipulation of facts.
     
    4 That stipulation of facts is now part of the record.
     
    5 And I think, in general, it contains all the relevant
     
    6 facts relevant to the particular situation as discovered
     
    7 by EPA and generated by the respondent and then all the
     
    8 subsequent actions that occurred thereafter.
     
    9 And at this point in time, Mr. Hearing
     
    10 Officer, I would ask the hearing officer or the Board to
     
    11 either incorporate that stipulation of facts by
     
    12 reference which is already a part of the Board's record,
     
    13 or if the hearing officer and the Board would prefer,
     
    14 grant me leave to send a copy of that to the hearing
     
    15 officer or to whomever the hearing officer directs
     
    16 within a week or the next few days. Unfortunately, I do
     
    17 not have it with me at the moment, but I do have it
     
    18 actually in a car that's parked in my driveway, and I
     
    19 would be glad to send that to you as early or as soon as
     
    20 I possibly can.
     
    21 HEARING OFFICER HALLORAN: Mr. Kohlhase, any
     
    22 objection to --
     
    23 MR. KOHLHASE: No disagreement with anything that
     
    24 was stated by Counsel. As a matter of expediency, I do
     
     
    L. A. REPORTING (312) 419-9292
     
     

     
    11
     
     
     
    1 have the stipulation with me that was attached to the
     
    2 motion. If you would like it submitted now, I will give
     
    3 another copy to Mr. Haschemeyer in due course.
     
    4 HEARING OFFICER HALLORAN: That would be terrific.
     
    5 I think it would make the record a little cleaner, and I
     
    6 would mark it Hearing Officer Exhibit 1.
     
    7 Mr. Haschemeyer, any objection?
     
    8 MR. HASCHEMEYER: No, Your Honor. The only
     
    9 suggestion I might have, because I already have two
     
    10 exhibits, one marked as Complainant's Exhibit 1 and the
     
    11 other marked as Complainant's Exhibit 2, we can maybe
     
    12 have that marked as Joint Exhibit 1 or have it marked as
     
    13 Exhibit 3. And I state for the record I appreciate
     
    14 Mr. Kohlhase's comments.
     
    15 HEARING OFFICER HALLORAN: We will mark it
     
    16 Complainant's Exhibit Number 3.
     
    17 Mr. Haschemeyer, are you finished with your
     
    18 opening?
     
    19 MR. HASCHEMEYER: I'm finished.
     
    20 HEARING OFFICER HALLORAN: Okay. Thank you.
     
    21 MR. KOHLHASE: Here is the stipulation.
     
    22 HEARING OFFICER HALLORAN: Thank you, sir. I'm
     
    23 going to mark the stipulation as Complainant's Exhibit
     
    24 Number 3 and admit it into evidence.
     
     
    L. A. REPORTING (312) 419-9292
     
     

     
    12
     
     
     
    1 Mr. Kohlhase.
     
    2 MR. KOHLHASE: Briefly, as stated, no disagreement
     
    3 at all with what Mr. Haschemeyer related to you in his
     
    4 opening. Just to comment further, we do believe that
     
    5 the stipulation that's been admitted does cover the
     
    6 evidence with respect to the factors under 33 and 42,
     
    7 and our anticipation, and I believe Mr. Haschemeyer's,
     
    8 is that the evidence that you will hear today relates
     
    9 only to the quantity issue.
     
    10 HEARING OFFICER HALLORAN: Thank you, sir.
     
    11 Mr. Haschemeyer, do you want to call your
     
    12 first witness?
     
    13 MR. HASCHEMEYER: The complainant calls Mr. Dennis
     
    14 Hancock to the stand.
     
    15 HEARING OFFICER HALLORAN: For the record I do
     
    16 appreciate everybody being here on time, especially in
     
    17 light of the fact that it is bad weather out.
     
    18 (Witness sworn.)
     
    19 DENNIS HANCOCK,
     
    20 called as a witness, after being first duly sworn, was
     
    21 examined and testified upon his oath as follows:
     
    22 DIRECT EXAMINATION
     
    23 BY MR. HASCHEMEYER:
     
    24 Q Would you state your name, please?
     
     
    L. A. REPORTING (312) 419-9292
     
     

     
    13
     
     
     
    1 A Dennis Hancock.
     
    2 Q Mr. Hancock, are you employed?
     
    3 A Yes.
     
    4 Q Where you are you employed?
     
    5 A With the Illinois EPA.
     
    6 Q In what position are you employed,
     
    7 Mr. Hancock?
     
    8 A I'm an inspector to inspect contractors on
     
    9 asbestos demolition and renovation.
     
    10 Q How long have you been so employed?
     
    11 A Five years now.
     
    12 Q Could you describe for me your duties and
     
    13 responsibilities in that capacity as an inspector?
     
    14 A As the inspector I inspect the contractors to
     
    15 make sure that they are within procedures of the NESHAP
     
    16 regulations.
     
    17 HEARING OFFICER HALLORAN: Sir, I'm sorry, could
     
    18 you keep your voice up?
     
    19 THE WITNESS: A little bit higher?
     
    20 Q When you say within procedures for NESHAP
     
    21 regulations, are there particular NESHAP regulations
     
    22 that you specialize in so to speak?
     
    23 A Under demolition or renovation where there is
     
    24 asbestos work, that would be enclosures, negative air
     
     
    L. A. REPORTING (312) 419-9292
     
     

     
    14
     
     
     
    1 machines, water, glove bags, whichever method pertains
     
    2 to that type of --
     
    3 Q So would it be fair to say that your duties
     
    4 and responsibilities are primarily in the area of
     
    5 inspecting sites of facilities that may have asbestos
     
    6 materials?
     
    7 A Right.
     
    8 Q Do you have -- Mr. Hancock, do you have any
     
    9 particular training or licenses or anything relative
     
    10 that qualifies you for inspecting asbestos situations?
     
    11 A I have asbestos inspector license through
     
    12 EPH. I have supervisor -- asbestos supervisor license
     
    13 through Illinois Department of Public Health, and I also
     
    14 have a worker's license through Illinois Department of
     
    15 Public Health.
     
    16 Q If you recall, Mr. Hancock, did you have
     
    17 occasion to inspect a facility known as the Bartonville
     
    18 Mental Health Facility?
     
    19 A Yes, I did.
     
    20 Q Do you recall when that was?
     
    21 A I believe it was around May 17th of 2000.
     
    22 Q May 17th of when?
     
    23 A 2000.
     
    24 Q Do you recall how it came to be that you
     
     
    L. A. REPORTING (312) 419-9292
     
     

     
    15
     
     
     
    1 inspected that place?
     
    2 A A phone call came into our office regarding
     
    3 dust at the demolition site.
     
    4 Q So you went out and inspected this facility.
     
    5 Could you describe for me what you saw or your
     
    6 observations when you arrived?
     
    7 A When I arrived, I observed two gentlemen that
     
    8 were using cutting torches to cut the pipes that were
     
    9 laying on the ground. It appeared suspect material was
     
    10 on the pipes at that time.
     
    11 Q What else -- is that all you observed or is
     
    12 there more?
     
    13 A The building was demolished. The wall had
     
    14 been taken out. It was to be considered a load-bearing
     
    15 structure under demolition. The welders had paper
     
    16 respirators on, and they were working on the pipes that
     
    17 were laying on the ground trying to cut the pipes.
     
    18 Q When you observed the pipes, did the pipes
     
    19 appear to have any kind of coating or anything of that
     
    20 nature?
     
    21 A Yes. It appeared to be suspect material
     
    22 which we called mag block.
     
    23 Q You say you observed what appeared to be
     
    24 suspect material. What is suspect material; what is
     
     
    L. A. REPORTING (312) 419-9292
     
     

     
    16
     
     
     
    1 that?
     
    2 A Suspect material is anything that -- there is
     
    3 usually a list that is put out that would describe any
     
    4 suspect insulation material. It could be pipe
     
    5 insulation. It could be a tape, any type of asbestos
     
    6 type tape, blown-in insulation. It can be mastic tape.
     
    7 It can be floor tile. There is a list of what would be
     
    8 considered suspect material.
     
    9 Q So if I understand what you are saying
     
    10 correctly, Mr. Hancock -- is what you are saying is that
     
    11 suspect material is material that is suspect of having
     
    12 asbestos in it?
     
    13 A Right. Asbestos containing.
     
    14 Q I'm going to hand you what has been marked
     
    15 for identification as Complainant's Exhibit Number 1 and
     
    16 ask you to examine that.
     
    17 (Witness complies.)
     
    18 Q Can you tell me what that is?
     
    19 A This is a memorandum put out to describe a
     
    20 little more clearly of exactly what I found at the site.
     
    21 Q Who prepared that memorandum?
     
    22 A I did.
     
    23 Q When you say this describes more particularly
     
    24 what you found at the site, in what respect does it do
     
     
    L. A. REPORTING (312) 419-9292
     
     

     
    17
     
     
     
    1 that?
     
    2 A It came into a little more detail. When I
     
    3 was at the site, I paced the site as an estimate to
     
    4 determine the amount for the threshold. And this kind
     
    5 of clears up what I did find, the lineal feet of height,
     
    6 the sections of pipe, the width of the building.
     
    7 Q Is this something you would normally do in
     
    8 the course of an inspection of a site or a facility in
     
    9 which you might anticipate or observe suspect material?
     
    10 A Yes.
     
    11 Q Would the document that you prepared, your
     
    12 document or something similar to that, normally be
     
    13 prepared as part of your inspection?
     
    14 A As part of the inspection, yes.
     
    15 Q What happens to the document after you
     
    16 prepared it?
     
    17 A Once it's inspected, it gets turned in to
     
    18 Springfield.
     
    19 Q So you send this document to Springfield?
     
    20 A Right.
     
    21 Q Do you retain a copy of it?
     
    22 A I retain a copy of it.
     
    23 Q So once -- the copy that you retain, what
     
    24 happens to it?
     
     
    L. A. REPORTING (312) 419-9292
     
     

     
    18
     
     
     
    1 A I keep it in a file.
     
    2 Q It's kept in a file in your office?
     
    3 A Right.
     
    4 Q Do you maintain it there as a record of your
     
    5 activities?
     
    6 A Yes.
     
    7 Q Does this document at all relate to the
     
    8 facility, the Bartonville Mental Health Facility that
     
    9 you inspected back in May of 2000?
     
    10 A Yes.
     
    11 MR. HASCHEMEYER: Mr. Hearing Officer, at this
     
    12 point in time I would offer what has been marked for
     
    13 identification as Exhibit Number 1 into evidence.
     
    14 HEARING OFFICER HALLORAN: Mr. Kohlhase?
     
    15 MR. KOHLHASE: Objection. Hearsay. And I would
     
    16 like to cross-examine before you consider admissibility
     
    17 of that document.
     
    18 HEARING OFFICER HALLORAN: So we will hold off on
     
    19 this.
     
    20 MR. HASCHEMEYER: If I may, Mr. Hearing Officer,
     
    21 I'm offering this as a business record created and
     
    22 maintained by an agency employee in the normal course of
     
    23 his responsibilities and maintained as a business record
     
    24 of the agency which is by definition an exception to the
     
     
    L. A. REPORTING (312) 419-9292
     
     

     
    19
     
     
     
    1 hearsay rule.
     
    2 HEARING OFFICER HALLORAN: So noted.
     
    3 MR. KOHLHASE: It might help if I cross now,
     
    4 subject to your approval.
     
    5 MR. HALLORAN: Sure.
     
    6 CROSS-EXAMINATION
     
    7 BY MR. KOHLHASE:
     
    8 Q Mr. Hancock, I'm handing you what has been
     
    9 marked Respondent's Exhibit Number 1. Would you please
     
    10 tell the hearing officer what this is.
     
    11 A This is my inspection report.
     
    12 Q Is it an inspection report dated May 17th,
     
    13 2000?
     
    14 A Yes.
     
    15 Q And it relates to the site in Bartonville
     
    16 that we are talking about?
     
    17 A Yes.
     
    18 Q This document, Respondent's Exhibit 1, does
     
    19 not include the document or the information marked
     
    20 Complainant's Exhibit 1, does it?
     
    21 A No.
     
    22 Q When is the last time that you visited the
     
    23 site that is the subject of Respondent's Exhibit 1?
     
    24 A The first time was May 17th. Then I
     
     
    L. A. REPORTING (312) 419-9292
     
     

     
    20
     
     
     
    1 met -- to the best of my knowledge it was within two
     
    2 weeks after that, I met with the contractor that came
     
    3 out to do the inspection to the best of my knowledge.
     
    4 Q So that was two weeks after May 17th, 2000?
     
    5 A Yes.
     
    6 Q When is the last time after that that you
     
    7 visited the site?
     
    8 A During the cleanup I went out there to
     
    9 observe the process being done.
     
    10 Q When was that?
     
    11 A That would have been, to the best of my
     
    12 knowledge, in June.
     
    13 Q Of 2001?
     
    14 A Of 2001.
     
    15 Q Is that the last time you were at the site?
     
    16 A Yes.
     
    17 Q Was the agency's work in connection with this
     
    18 matter and your work completed in June of 2001?
     
    19 A I believe the clearance sampling was what
     
    20 they were waiting for. Once that passed, it was
     
    21 completed.
     
    22 Q That happened in 2001?
     
    23 A I'm not sure on that date. I would have to
     
    24 look back on my clearance files. At the end of the
     
     
    L. A. REPORTING (312) 419-9292
     
     

     
    21
     
     
     
    1 thing I get a complete -- project completion and that
     
    2 tells you when the samples were cleared.
     
    3 Q In any event your work was done in June 2001
     
    4 in terms of site visits?
     
    5 A Yes.
     
    6 Q When did you prepare Complainant's Exhibit 1?
     
    7 A The one I was just looking at here?
     
    8 Q Yes.
     
    9 A That was -- I'm not even sure exact date. I
     
    10 don't have it.
     
    11 Q Please take a look at what we have marked
     
    12 Respondent's Exhibit 2.
     
    13 A Okay.
     
    14 Q Is that another copy of Complainant's Exhibit
     
    15 1?
     
    16 A Yes.
     
    17 Q Except the difference is it has a stamp on
     
    18 it, does it not?
     
    19 A Right.
     
    20 Q That says, "Received, Division of Legal
     
    21 Counsel, October 2, 2003, Environmental Protection
     
    22 Agency"?
     
    23 A Yes.
     
    24 Q Does looking at that refresh your
     
     
    L. A. REPORTING (312) 419-9292
     
     

     
    22
     
     
     
    1 recollection as to your preparation of Complainant's
     
    2 Exhibit 1, that is, the timing?
     
    3 A Yes.
     
    4 Q When did you prepare it?
     
    5 A It would have been the same day. I prepared
     
    6 it per request of Del and Dennis Brown.
     
    7 Q So on October 3, 2003 at the request of
     
    8 Mr. Brown you prepared Complainant's Exhibit 1, correct?
     
    9 A Yes.
     
    10 Q It was prepared for purposes of use in this
     
    11 litigation, was it not?
     
    12 A For clearance of what I did see at the site.
     
    13 Q Was that for purposes of use in this
     
    14 litigation?
     
    15 MR. HASCHEMEYER: Objection. Irrelevant.
     
    16 HEARING OFFICER HALLORAN: Overruled.
     
    17 A Yes.
     
    18 MR. KOHLHASE: That's all I believe that I need to
     
    19 pursue at this time. Mr. Hearing Officer, I believe
     
    20 what this shows is this is just a hearsay document
     
    21 prepared for use here. It was not part of the
     
    22 inspection. It was something that was just prepared in
     
    23 October more than two years after he visited the site.
     
    24 It's in no way a document prepared in the ordinary
     
     
    L. A. REPORTING (312) 419-9292
     
     

     
    23
     
     
     
    1 course of his activities as a government official;
     
    2 rather it's just a hearsay document prepared for this
     
    3 case.
     
    4 HEARING OFFICER HALLORAN: Mr. Haschemeyer.
     
    5 MR. HASCHEMEYER: Your Honor, the witness has
     
    6 testified that this is a document that's prepared in the
     
    7 normal course of the business of his responsibilities as
     
    8 an inspector of sites containing suspected
     
    9 asbestos-containing material. The fact -- and we
     
    10 concede that the document was prepared some time after
     
    11 the inspection, and it was prepared perhaps at the
     
    12 request of Agency counsel and even perhaps for the
     
    13 purpose of supporting this particular case. But all of
     
    14 those factors do not go to either the accuracy of the
     
    15 document, nor do they go to the fact that this document
     
    16 typically would have been prepared in the normal course
     
    17 of business as it was in this case. Now that may go to
     
    18 the weight of the document, but it doesn't go to its
     
    19 admissibility. The document, as testified to by the
     
    20 witness here, accurately contains his assessment of the
     
    21 situation of the site at the facility. And the fact
     
    22 that it was contained to or prepared later does not
     
    23 address that accuracy issue. As far as the witness's
     
    24 testimony is concerned, the record is concerned, that
     
     
    L. A. REPORTING (312) 419-9292
     
     

     
    24
     
     
     
    1 document accurately defines the amount of
     
    2 asbestos-containing material that he observed at the
     
    3 site based on his observations.
     
    4 HEARING OFFICER HALLORAN: Okay. With all due
     
    5 respect, Mr. Haschemeyer, I do have problems -- I think
     
    6 it does not affect the weight, only the admissibility.
     
    7 I find fault with the argument there. I don't find any
     
    8 time -- reasonable time thereafter his inspections were
     
    9 finished. It was two years later. Things like personal
     
    10 knowledge may affect the weight but not admissibility.
     
    11 The timing, it's my understanding, does not. So I'm
     
    12 going to sustain Mr. Kohlhase's objection, and I will
     
    13 take it with the case as an offer of proof if you so
     
    14 choose.
     
    15 MR. HASCHEMEYER: Mr. Hearing Officer, if I may.
     
    16 (Pause in proceedings.)
     
    17 MR. HASCHEMEYER: Mr. Hearing Officer, may I have
     
    18 this marked as Complainant's Exhibit Number 4?
     
    19 (Pause in proceedings.)
     
    20 MR. HASCHEMEYER: Just for the record, Your Honor,
     
    21 I will be handing Mr. Hancock what has been marked as
     
    22 Complainant's Exhibit 4 and would note for the record
     
    23 that that is a copy of the last pages, the last page, an
     
    24 engineering drawing of what is identified as Exhibit G
     
     
    L. A. REPORTING (312) 419-9292
     
     

     
    25
     
     
     
    1 to the stipulation of facts that has been entered by
     
    2 agreement as part of the record.
     
    3 CONTINUED DIRECT EXAMINATION
     
    4 BY MR. HASCHEMEYER:
     
    5 Q Mr. Hancock, I'm going to hand you what has
     
    6 been marked as Complainant's Exhibit 4 for
     
    7 identification and ask you to examine that. Can you
     
    8 tell me what that is?
     
    9 A Yes.
     
    10 Q What is that?
     
    11 A This was a drawing drawn up by Clark
     
    12 Engineering for the process of cleanup to show where the
     
    13 asbestos location was for cleanup.
     
    14 Q This is a drawing prepared by Clark
     
    15 Engineering for the cleanup for where?
     
    16 A At the Bartonville Mental Health Center.
     
    17 Q Bartonville Mental Health Center.
     
    18 Do you know, was Clark Engineering retained
     
    19 by the respondent in this matter?
     
    20 A Yes. As far as I know.
     
    21 Q They were retained after your initial
     
    22 inspection to address the cleanup of the site?
     
    23 A Yes.
     
    24 Q What is that a drawing of?
     
     
    L. A. REPORTING (312) 419-9292
     
     

     
    26
     
     
     
    1 A This is the building showing the location
     
    2 where samples were taken and where the asbestos was
     
    3 found.
     
    4 Q In examining that drawing, is that drawing to
     
    5 scale; can you tell me?
     
    6 A Yes.
     
    7 Q Can you examine that drawing based on your
     
    8 experience and your duties and responsibilities as an
     
    9 agency inspector of asbestos suspected sites or sites
     
    10 containing that material, can you form an estimate of
     
    11 the amount of asbestos containing material at the
     
    12 Bartonville Mental Health Facility?
     
    13 A By using their scale, yes. On the far north
     
    14 wall there were two pipes that were coming out. At the
     
    15 time of the inspection, I talked with the workers that
     
    16 were there. They explained that it was the length of
     
    17 the whole building which is 160 feet.
     
    18 MR. KOHLHASE: Objection.
     
    19 THE COURT: Mr. Kohlhase?
     
    20 MR. KOHLHASE: Objection to his hearsay testimony
     
    21 concerning some unidentified workers who said something
     
    22 to him.
     
    23 HEARING OFFICER HALLORAN: Mr. Haschemeyer?
     
    24 MR. HASCHEMEYER: I'll ask another question.
     
     
    L. A. REPORTING (312) 419-9292
     
     

     
    27
     
     
     
    1 HEARING OFFICER HALLORAN: Thank you. Sustained.
     
    2 Q Mr. Hancock, in viewing this facility, were
     
    3 you able to ascertain, based on your observations of the
     
    4 pipes and the portions of pipes and where they were
     
    5 located, where the pipes had existed prior to the
     
    6 demolition?
     
    7 A Yes.
     
    8 Q Could you tell what the distance of those
     
    9 pipes were?
     
    10 A I walked and measured it off as about 160
     
    11 feet, is what I figured.
     
    12 Q Could you also ascertain whether or not there
     
    13 was any asbestos-containing tile materials there?
     
    14 A There was tile material there, but it came
     
    15 back negative. The insulation came back positive.
     
    16 Q The insulation came back positive?
     
    17 A Right.
     
    18 Q Were you able --
     
    19 MR. HASCHEMEYER: Your Honor, just for the record,
     
    20 I offer into evidence Complainant's Exhibit Number 4.
     
    21 MR. KOHLHASE: No objection.
     
    22 HEARING OFFICER HALLORAN: Complainant's Exhibit
     
    23 Number 4 is admitted into evidence.
     
    24 Q I hand you what has been marked for
     
     
    L. A. REPORTING (312) 419-9292
     
     

     
    28
     
     
     
    1 identification as Complainant's Exhibit Number 2,
     
    2 Mr. Hancock, and ask you to examine that.
     
    3 (Witness complies.)
     
    4 Q Can you tell me what that is?
     
    5 A Yes.
     
    6 Q What is it?
     
    7 A This is a notification for demolition and
     
    8 renovation that is to be sent in prior to any demolition
     
    9 or renovation work being done.
     
    10 Q You say this is a notification that is to be
     
    11 sent in. Where is it to be sent?
     
    12 A Illinois EPA in Springfield.
     
    13 Q Is that required to be sent in by anything?
     
    14 A It's under the Clean Air Federal NESHAP
     
    15 regulations stating that ten working days prior to the
     
    16 start of the project it has to be submitted to the
     
    17 Illinois EPA.
     
    18 Q So would the regulations require, the federal
     
    19 regulations then require that this notification be sent
     
    20 to EPA, Illinois EPA, ten days before demolition and
     
    21 renovation?
     
    22 A Right. Ten working days.
     
    23 Q That is a record received by the agency in
     
    24 the normal course of business?
     
     
    L. A. REPORTING (312) 419-9292
     
     

     
    29
     
     
     
    1 A Right.
     
    2 Q What happens when that notification comes in,
     
    3 if you know?
     
    4 A It gets put into the computer up in
     
    5 Springfield. And they in turn send it out to the field
     
    6 offices where we are.
     
    7 Q So you receive a copy of that in the field
     
    8 office?
     
    9 A Yes.
     
    10 Q What do you do with it then?
     
    11 A We usually go up and try to schedule the
     
    12 inspection on these projects when they come in.
     
    13 Q Did you then do that when this notification
     
    14 came in, go and inspect?
     
    15 A This one came in as a cleanup from Century
     
    16 when they submitted it for cleanup. There was none for
     
    17 the original demolition.
     
    18 Q Can you tell me in examining that document
     
    19 who prepared it?
     
    20 A This was prepared by Terry McIntire. He is
     
    21 from Century.
     
    22 Q Who is Century?
     
    23 A Century is an asbestos contractor.
     
    24 Q Is that a company you deal with frequently?
     
     
    L. A. REPORTING (312) 419-9292
     
     

     
    30
     
     
     
    1 A Yes, it is.
     
    2 Q They are in the business of cleaning up
     
    3 asbestos materials?
     
    4 A Right.
     
    5 Q What happens to that piece of paper other
     
    6 than you are going out and inspect it? What do you do
     
    7 when it comes to your office?
     
    8 A When it comes to my office, we review it for
     
    9 the start date and go out to the site during that time.
     
    10 And we make sure that things are being done according to
     
    11 the plans that were drawn up. What they have to do is
     
    12 submit a cleanup plan.
     
    13 Q What happens to the piece of paper after you
     
    14 have done your inspection?
     
    15 A It goes into my file.
     
    16 Q Do you maintain it in your file?
     
    17 A Yes.
     
    18 Q As a record of your operations and a record
     
    19 of the agency, an official record of the agency?
     
    20 A Yes.
     
    21 Q Is that a true and accurate copy of the
     
    22 notification that you received from the Bartonville
     
    23 site?
     
    24 A Yes.
     
     
    L. A. REPORTING (312) 419-9292
     
     

     
    31
     
     
     
    1 MR. HASCHEMEYER: Your Honor, at this point in time
     
    2 I would offer what has been marked as Complainant's
     
    3 Exhibit Number 2 into evidence as an official business
     
    4 record of the agency.
     
    5 MR. KOHLHASE: No objection.
     
    6 HEARING OFFICER HALLORAN: Thank you.
     
    7 Complainant's Exhibit Number 2 is admitted into
     
    8 evidence.
     
    9 Q Calling your attention to Complainant's
     
    10 Exhibit Number 2, Mr. Hancock, can you tell me, does
     
    11 that exhibit state the amount of asbestos-containing
     
    12 material there at the site?
     
    13 A It has an estimate of 1,000 cubic feet of
     
    14 volume.
     
    15 Q So that document indicates that there is
     
    16 1,000 cubic feet of asbestos-containing material at the
     
    17 site?
     
    18 A Containing material. (Witness nodding head
     
    19 up and down.)
     
    20 Q Can you, just for the record if you know, can
     
    21 you translate that into cubic meters? I think it's
     
    22 35 --
     
    23 A It's 35.3 cubic meters is our threshold.
     
    24 Q 35 cubic feet?
     
     
    L. A. REPORTING (312) 419-9292
     
     

     
    32
     
     
     
    1 A Cubic feet is a cubic meter.
     
    2 Q So to convert that you would divide 35.3
     
    3 into --
     
    4 A Right. Into that.
     
    5 Q -- 1,000?
     
    6 A That would be -- I'm doing the math right
     
    7 now.
     
    8 Q It would be well in excess of 1 cubic?
     
    9 A It would be in excess of 1 cubic meter which
     
    10 is required.
     
    11 Q Just as an aside, a couple of questions.
     
    12 Mr. Hancock, when you first observed -- arrived at this
     
    13 site back in April of -- if my memory is correct, you
     
    14 said April of 2000, I think you testified that you
     
    15 observed an individual wearing a mask?
     
    16 A A paper respirator, yes.
     
    17 Q A paper respirator.
     
    18 Based upon your knowledge and training and
     
    19 your experience as an asbestos inspector, can you tell
     
    20 me whether or not that paper respirator is effective at
     
    21 all in protecting somebody in working with
     
    22 asbestos-containing material?
     
    23 MR. KOHLHASE: Objection. It's beyond the scope of
     
    24 what we agreed the hearing was going to be about. We
     
     
    L. A. REPORTING (312) 419-9292
     
     

     
    33
     
     
     
    1 said we were relying on the stipulation with respect to
     
    2 the statutory factors. This doesn't have anything to do
     
    3 with the quantity, and I think it's beyond the scope of
     
    4 the hearing.
     
    5 MR. HASCHEMEYER: I withdraw the question. No more
     
    6 questions.
     
    7 HEARING OFFICER HALLORAN: Mr. Kohlhase, your
     
    8 witness.
     
    9 MR. KOHLHASE: Thank you, Mr. Hearing Officer.
     
    10 CONTINUED CROSS-EXAMINATION
     
    11 BY MR. KOHLHASE:
     
    12 Q Mr. Hancock, please take a look at
     
    13 Respondent's Exhibit Number 1. Do you still have that?
     
    14 Just to refresh on that, that's your inspection report
     
    15 dated May 17th of 2000, with respect to the site that we
     
    16 are talking about here today, correct?
     
    17 A Yes.
     
    18 MR. KOHLHASE: We offer Respondent's Exhibit 1 at
     
    19 this time.
     
    20 MR. HASCHEMEYER: Your Honor, I guess I'm a little
     
    21 bit puzzled. If I understand him, Mr. Kohlhase is
     
    22 cross-examining Mr. Hancock on an exhibit that has not
     
    23 been admitted into evidence and he refers to
     
    24 Respondent's Exhibit Number 1.
     
     
    L. A. REPORTING (312) 419-9292
     
     

     
    34
     
     
     
    1 HEARING OFFICER HALLORAN: I don't have a copy of
     
    2 it either. I don't know exactly what's --
     
    3 (Pause in proceedings.)
     
    4 HEARING OFFICER HALLORAN: Mr. Haschemeyer, your
     
    5 objection again?
     
    6 MR. HASCHEMEYER: My objection was I understand
     
    7 Mr. Kohlhase to be cross-examining Mr. Hancock relative
     
    8 to what he refers to as Complainant's Exhibit Number 1
     
    9 which is not admitted into evidence.
     
    10 HEARING OFFICER HALLORAN: Respondent's Exhibit 1.
     
    11 MR. HASCHEMEYER: Respondent's Exhibit 1. What is
     
    12 the question?
     
    13 MR. KOHLHASE: I simply am offering Respondent's
     
    14 Exhibit Number 1 which is an inspection memorandum for
     
    15 this site.
     
    16 HEARING OFFICER HALLORAN: This is in the record,
     
    17 correct?
     
    18 MR. HASCHEMEYER: That's right. I have no
     
    19 objection to it.
     
    20 HEARING OFFICER HALLORAN: Okay. You have
     
    21 objection with protocol?
     
    22 MR. HASCHEMEYER: I'm trying to -- I beg the
     
    23 Hearing Officer's pardon, I'm trying to recall what the
     
    24 question is. At the time I understood the question to
     
     
    L. A. REPORTING (312) 419-9292
     
     

     
    35
     
     
     
    1 be directed to Mr. Hancock relative to Complainant's
     
    2 Exhibit 1, but perhaps I misunderstood.
     
    3 HEARING OFFICER HALLORAN: Mr. Kohlhase, could you
     
    4 restate it, or should I have Gale read it back?
     
    5 MR. KOHLHASE: My memory -- which is getting
     
    6 shorter all the time -- is that there is no question
     
    7 pending. I just had him identify Respondent's Exhibit
     
    8 1, and I offered it into evidence because I want to ask
     
    9 him questions with respect to what it shows is the
     
    10 quantity.
     
    11 HEARING OFFICER HALLORAN: I thought that's what
     
    12 your question was.
     
    13 Mr. Haschemeyer, any problem with that?
     
    14 MR. HASCHEMEYER: At this point in time, no.
     
    15 HEARING OFFICER HALLORAN: You may proceed,
     
    16 Mr. Kohlhase.
     
    17 MR. KOHLHASE: Then I will again offer Respondent's
     
    18 Exhibit Number 1.
     
    19 HEARING OFFICER HALLORAN: Any objection?
     
    20 MR. HASCHEMEYER: I have no objection.
     
    21 HEARING OFFICER HALLORAN: Respondent's Exhibit
     
    22 Number 1 is admitted.
     
    23 BY MR. KOHLHASE:
     
    24 Q Mr. Hancock, Respondent's Exhibit 1 includes
     
     
    L. A. REPORTING (312) 419-9292
     
     

     
    36
     
     
     
    1 the observations that you made on your initial
     
    2 inspection and also the results of your samples of
     
    3 suspected asbestos-containing material that were tested,
     
    4 does it not?
     
    5 A Yes.
     
    6 Q You had seven samples tested, and at the
     
    7 bottom of page 2 of Respondent's Exhibit 1 and the top
     
    8 of page 3 it relates the results of those tests, does it
     
    9 not? No. I'm sorry. On the last page it relates the
     
    10 test results, does it not?
     
    11 A Yes.
     
    12 Q Is it fair to say that the only
     
    13 asbestos-containing materials were found to be
     
    14 associated with the insulation for the piping?
     
    15 A No, sir. The insulation on the piping, there
     
    16 was insulation that was a -- almost like a blown-in type
     
    17 insulation that came back positive. And the other one
     
    18 was the aircell which is a brown corrugated cardboard.
     
    19 Q Which tests are those?
     
    20 A The off white in color, number 1, would be
     
    21 the -- that was on the ground. That would have been a
     
    22 mag block.
     
    23 Q That's pipe insulation?
     
    24 A That's pipe insulation. The second one was
     
     
    L. A. REPORTING (312) 419-9292
     
     

     
    37
     
     
     
    1 material and demolition on the first pipe section which
     
    2 was another pipe insulation.
     
    3 Q That's number 2?
     
    4 A Right. And number 3 was white color material
     
    5 lying on the ground which appeared dry. That was more
     
    6 of the insulation.
     
    7 Q Pipe insulation?
     
    8 A Pipe insulation. The next one was the
     
    9 aircell from the broken pipe.
     
    10 Q I'm sorry. I didn't understand that word.
     
    11 A Aircell. It's corrugated cardboard. It's
     
    12 asbestos-containing.
     
    13 Q That was associated with the pipe also?
     
    14 A That was the pipe. The next sample was a
     
    15 mineral wool type insulation which would have been
     
    16 number 5. I believe that did come back, just a trace of
     
    17 it of chrysotile.
     
    18 Q Focusing on number 5 for a second, when you
     
    19 use the word trace, does that mean less than one percent
     
    20 asbestos?
     
    21 A That one they usually send you a lab report
     
    22 on that, and we didn't do a trace count on that one. In
     
    23 other words, it can be less than one percent, but they
     
    24 have to do point counting in order to get it to a higher
     
     
    L. A. REPORTING (312) 419-9292
     
     

     
    38
     
     
     
    1 count, to find the exact count.
     
    2 Q If it's more than one percent, it's not
     
    3 considered trace, is it?
     
    4 A If it's more than one percent, it is -- it's
     
    5 not considered trace.
     
    6 Q Therefore it says trace, does it not?
     
    7 A Right.
     
    8 Q And, therefore, it's less than one percent,
     
    9 correct?
     
    10 A Right. Yes.
     
    11 Q That's not considered to be a finding of
     
    12 asbestos, is it?
     
    13 A No.
     
    14 Q Then number 6, what was that?
     
    15 A Number 6 that was a terrazzo. It was a tile
     
    16 that was on the floor itself in the center of the
     
    17 building. That came back, "No asbestos detected."
     
    18 Q What was number 7?
     
    19 A Number 7 was a pipe that was on the west wall
     
    20 and that was the corrugated cardboard aircell again.
     
    21 Q So having reviewed your test results, would
     
    22 it be fair to say that the only asbestos that was found
     
    23 as a result of your inspection was associated with
     
    24 pipes?
     
     
    L. A. REPORTING (312) 419-9292
     
     

     
    39
     
     
     
    1 A With pipe insulation, yes.
     
    2 Q Mr. Hancock, I'm handing you what's been
     
    3 marked Respondent's Exhibit 3. Is that a document that
     
    4 was submitted to you by Respondent in connection with
     
    5 this matter?
     
    6 (Pause in proceedings.)
     
    7 A To the best of my knowledge, yes.
     
    8 Q This is something that your agency requires
     
    9 when a situation like this arises so that there is
     
    10 testing work done to determine the extent of any
     
    11 environmental contamination?
     
    12 A Yes.
     
    13 Q This is a document that was prepared by
     
    14 Bodine Environmental Services, Inc., is it not?
     
    15 A Yes, it is.
     
    16 Q Did you review and rely on this document in
     
    17 connection with your work in dealing with this site?
     
    18 A Right. We looked at this to find out exactly
     
    19 where the aesthetic contamination is also after our
     
    20 initial inspection.
     
    21 MR. KOHLHASE: We will offer Respondent's
     
    22 Exhibit 3.
     
    23 MR. HASCHEMEYER: Objection. Lack of foundation.
     
    24 HEARING OFFICER HALLORAN: Mr. Kohlhase?
     
     
    L. A. REPORTING (312) 419-9292
     
     

     
    40
     
     
     
    1 MR. HASCHEMEYER: And hearsay.
     
    2 HEARING OFFICER HALLORAN: Mr. Kohlhase?
     
    3 MR. KOHLHASE: It's comparable to Complainant's
     
    4 Exhibit 2, a document that was required to be prepared
     
    5 and submitted and maintained by the agency. Based on
     
    6 the very same rationale that was used by Mr. Haschemeyer
     
    7 to get Complainant's Exhibit 2 admitted, this should be
     
    8 admitted.
     
    9 MR. HASCHEMEYER: Mr. Hearing Officer, this
     
    10 document on its face indicates it's addressed to
     
    11 Mr. Palmer. It's apparently a document maintained
     
    12 perhaps by the respondent, but there is indication that
     
    13 it's been maintained by the agency or is, in fact, a
     
    14 part of the file of the agency. And, consequently, this
     
    15 witness is incapable of providing foundation.
     
    16 HEARING OFFICER HALLORAN: I thought Mr. Hancock
     
    17 did say he kept it in his records.
     
    18 Mr. Hancock, did you or did you not state
     
    19 that this is somewhere in your file and you keep it in
     
    20 your records and you do rely on it, or you did rely on
     
    21 it?
     
    22 THE WITNESS: Yes. I did say that. I said --
     
    23 MR. HASCHEMEYER: I withdraw my objection.
     
    24 HEARING OFFICER HALLORAN: Thank you. Respondent's
     
     
    L. A. REPORTING (312) 419-9292
     
     

     
    41
     
     
     
    1 Exhibit Number 3?
     
    2 MR. KOHLHASE: Number 3, Mr. Hearing Officer.
     
    3 HEARING OFFICER HALLORAN: Is admitted.
     
    4 BY MR. KOHLHASE:
     
    5 Q Directing your attention, Mr. Hancock, to the
     
    6 fifth page of Exhibit 3, has the summary of asbestos
     
    7 bulk sampling results, does it not?
     
    8 A Which page was that again, sir?
     
    9 Q It's the fifth page of -- considering the
     
    10 total exhibit and just the way it's set up, it happens
     
    11 to be marked page 2 at the bottom. At the top it says
     
    12 "1.0 Asbestos Bulk Sampling Results." This summarizes
     
    13 the results of testing that was done at various points
     
    14 in the site on various materials, does it not?
     
    15 A Yes. This would have been taken from the
     
    16 material that was in the ravine.
     
    17 Q Please explain to the hearing officer what
     
    18 you mean by material "in the ravine."
     
    19 A The demolition, bricks, et cetera, roofing
     
    20 material, that was demolished in the building had been
     
    21 pushed over into the ravine to the east of the building.
     
    22 They take soil samples from the edge of the building
     
    23 over to that ravine and any suspect material inside the
     
    24 ravine.
     
     
    L. A. REPORTING (312) 419-9292
     
     

     
    42
     
     
     
    1 Q Just to clarify, on this particular page of
     
    2 Respondent's Exhibit 3 there are also samples from
     
    3 within the building, aren't there? When it says, for
     
    4 example, in parentheses, "After the wall plaster, smooth
     
    5 white building," that was in the building, was it not?
     
    6 A To the best of my knowledge it was concrete,
     
    7 but that might have been in the bathroom area or
     
    8 something that they might have taken it from.
     
    9 Q Directing your attention to another copy of
     
    10 Complainant's Exhibit 4 which is the Clark Engineers
     
    11 drawing, it's got some numbers on there, B hyphen 1, B
     
    12 hyphen 2, so on. Mr. Hancock, those B-1 through 5
     
    13 points there, do they relate to the soil-boring samples
     
    14 on page 5 of Exhibit 3 -- I'm sorry, Respondent's
     
    15 Exhibit 3?
     
    16 MR. HASCHEMEYER: Mr. Hearing Officer, I'm going to
     
    17 object to this whole line of questioning. I don't think
     
    18 an adequate foundation has been laid for this witness to
     
    19 testify to samples and analysis conducted by a third
     
    20 party. Now the document is going to speak for itself
     
    21 and it says whatever it says. But no foundation that
     
    22 this witness has to testify as to the accuracy or lack
     
    23 of accuracy of those results.
     
    24 MR. KOHLHASE: I'm not asking him to testify to
     
     
    L. A. REPORTING (312) 419-9292
     
     

     
    43
     
     
     
    1 accuracy. I do have a point which I'm trying to get to.
     
    2 As soon as we get through with this question, I want to
     
    3 get back to the ten-day notice.
     
    4 HEARING OFFICER HALLORAN: Objection overruled. I
     
    5 will allow you a little latitude. But, again,
     
    6 Mr. Hancock did testify that he did take a look at this
     
    7 document and relied on it for his future course of
     
    8 action.
     
    9 Mr. Hancock, you may answer if you are able.
     
    10 If you remember the question.
     
    11 THE WITNESS: Could you go to the question one more
     
    12 time?
     
    13 Q The B-1 through 5 points that are shown on
     
    14 Complainant's Exhibit 4 are those same points that are
     
    15 referenced as B-1 through 5 on the fifth page of
     
    16 Respondent's Exhibit 3, correct?
     
    17 A To the best of my knowledge the only one that
     
    18 would match up would be B-5 because the rest of them he
     
    19 has got collapsed roofing and there wasn't no roofing in
     
    20 those areas that those soil samples were taken. The
     
    21 only one would be the backfill debris which is 5 over
     
    22 here by the backfill. 4, 3, 2 and 1 say "Collapsed
     
    23 roofing." Well, this was just plain dirt. They were
     
    24 just taking soil samples. There was no collapsed
     
     
    L. A. REPORTING (312) 419-9292
     
     

     
    44
     
     
     
    1 roofing there.
     
    2 Q You were present in June of 2001 when the
     
    3 site was cleaned up, were you not?
     
    4 A Yes. Not the entire time, but, yes.
     
    5 Q We already talked about the fact that the
     
    6 only asbestos that was found here was all associated
     
    7 with pipe insulation or that one pipe filter that you
     
    8 mentioned, right?
     
    9 A With the pipe insulation, yes.
     
    10 Q There was not 1,000 cubic feet or anything
     
    11 even remotely like that of pipe insulation at this site,
     
    12 was there?
     
    13 A The 1,000 cubic feet is what the inspector
     
    14 that did the survey after us came up with their amount.
     
    15 They measure what they have throughout the building here
     
    16 (indicating). There was a pipe sticking out of the
     
    17 ravine where the debris was. There was still white
     
    18 material on that. It was collected, and the rest of it
     
    19 was considered the cleanup because the soil was
     
    20 contaminated in that ravine.
     
    21 Q When you say "the rest of it," what do you
     
    22 mean the rest of it?
     
    23 A The bricks, et cetera, that was all in the
     
    24 ravine there, was cleaned up. They did soil samples and
     
     
    L. A. REPORTING (312) 419-9292
     
     

     
    45
     
     
     
    1 his results came back positive for asbestos. So that's
     
    2 what we included in the 1,000.
     
    3 Q What tests are you referring to that showed
     
    4 that there was asbestos outside the building?
     
    5 A That would be the soil-boring samples.
     
    6 Q Those were done by Bodine on behalf of the
     
    7 respondent, were they not?
     
    8 A To the best of my knowledge, yes.
     
    9 Q That's what's included in Respondent's
     
    10 Exhibit 3, correct? That's Exhibit 3 you have in your
     
    11 hand.
     
    12 A The soil-boring samples were taken -- on the
     
    13 drawing of Mark Otten from Clark Engineering, that
     
    14 doesn't show the soil-boring samples. They have to take
     
    15 samples down below the ravine to determine if there is
     
    16 any runoff from the contamination. That's where they
     
    17 came back with soil samples that had to be cleaned up.
     
    18 Once all the material was taken up, the bricks, the
     
    19 roofing, the lumber and all that was cleaned out, they
     
    20 do a soil sample. It came back positive for asbestos.
     
    21 They had to take two inches of soil out. They retested.
     
    22 It came back positive for asbestos so they had to clean
     
    23 up more.
     
    24 Q What tests are you referring to?
     
     
    L. A. REPORTING (312) 419-9292
     
     

     
    46
     
     
     
    1 A Soil-boring tests.
     
    2 Q Those are done by Bodine?
     
    3 A I believe it was Bodine. To the best of my
     
    4 knowledge it was.
     
    5 Q With respect to Exhibit 3, can you point out
     
    6 for the hearing officer where it is there is a finding
     
    7 that there was any asbestos outside of the building?
     
    8 MR. HASCHEMEYER: I'm going to object to the
     
    9 relevance of that. As I understand the testimony of
     
    10 Mr. Hancock, it may well be these soil samples that
     
    11 Mr. Kohlhase is asking Mr. Hancock about are samples
     
    12 that were taken after the cleanup and after the scraping
     
    13 of the soil and, consequently, they are not relevant to
     
    14 anything that I know of other than the fact that the
     
    15 place was cleaned up. And we are not asserting that
     
    16 cleanup was ineffective. Insofar as we know and so far
     
    17 as the record reflects, the site was adequately cleaned
     
    18 up. And I think that's what Mr. Hancock is testifying
     
    19 that these samples show.
     
    20 HEARING OFFICER HALLORAN: Mr. Kohlhase?
     
    21 MR. KOHLHASE: I'm not sure if that was testimony
     
    22 or objection. The nature of the objection is not
     
    23 entirely clear to me.
     
    24 MR. HASCHEMEYER: The objection was relevance.
     
     
    L. A. REPORTING (312) 419-9292
     
     

     
    47
     
     
     
    1 MR. KOHLHASE: With respect to the issue that we
     
    2 are addressing on quantity, my understanding is that
     
    3 Complainant is relying on this ten-day notice that was
     
    4 filled out by Century that said that there was 1,000
     
    5 cubic feet of RACM. What I am trying to focus on, given
     
    6 the fact that the only asbestos found was associated
     
    7 with pipe insulation, is the fact that there was dumping
     
    8 in the ravine. That material was hauled out. That's
     
    9 the 1,000 cubic feet. Where are the test results that
     
    10 say that that was RACM outside the building? And he
     
    11 said that Bodine is the one that did it. I'm saying
     
    12 where does it say in Exhibit 3 that they did that and
     
    13 they found that?
     
    14 HEARING OFFICER HALLORAN: I'm going to overrule
     
    15 your objection, Mr. Haschemeyer. You can do what you
     
    16 want on redirect if you so choose.
     
    17 Mr. Hancock, if you can answer the question,
     
    18 please do so.
     
    19 THE WITNESS: Would you go over the question one
     
    20 more time?
     
    21 Q My understanding of your testimony,
     
    22 Mr. Hancock, is that there was a determination made on
     
    23 the basis of tests by Bodine that there was asbestos and
     
    24 debris outside the building. What I'm asking you is,
     
     
    L. A. REPORTING (312) 419-9292
     
     

     
    48
     
     
     
    1 with respect to Respondent's Exhibit 3, could you advise
     
    2 the hearing officer where it is that that is
     
    3 established?
     
    4 A Based on -- to the best of my knowledge and
     
    5 my inspection, mine were all inside the building that
     
    6 was demolished. It was pipe insulation. The amount of
     
    7 lineal footage there hit the threshold by measuring it.
     
    8 That's where I came up with my threshold under the
     
    9 NESHAP. The material that was inside the ravine was not
     
    10 able to be tested due to the fact it was raining; it was
     
    11 unsafe. The samples were taken after Bodine and, I
     
    12 believe, Clark Engineering were on site. They removed
     
    13 the building debris from the ravine, tested the soil,
     
    14 and that came back positive for asbestos.
     
    15 So as far as the pipe insulation inside the
     
    16 debris and the ravine, no, I did not see any pipe in
     
    17 there. I saw one pipe in the ravine with the white
     
    18 insulation on it. That's --
     
    19 Q I understand the answer that you just gave.
     
    20 Just one more time, is there anything in Exhibit 3,
     
    21 Respondent's Exhibit 3, that shows that there was
     
    22 asbestos outside the building?
     
    23 A Not in this one. That would have been
     
    24 another sample.
     
     
    L. A. REPORTING (312) 419-9292
     
     

     
    49
     
     
     
    1 Q Mr. Hancock, what assumptions did you make
     
    2 concerning the condition of the building that you were
     
    3 looking at prior to the time that Respondent commenced
     
    4 work? In particular, did you think that it had a roof
     
    5 on it?
     
    6 A When I arrived at the site?
     
    7 Q Prior to that time. What I'm trying to focus
     
    8 you on are the assumptions that you made as to the
     
    9 condition of the building prior to your arrival at the
     
    10 site.
     
    11 MR. HASCHEMEYER: Objection. Mr. Hearing Officer,
     
    12 this is outside the scope the same as one of my
     
    13 questions was outside the scope. I think this is
     
    14 outside the scope. He is asking him about the condition
     
    15 of the building before his inspection.
     
    16 MR. KOHLHASE: This relates to what was there
     
    17 especially in terms of pipe. And he has testified that
     
    18 there was pipe there, and we are going to have more
     
    19 testimony on what was really there. I think that the
     
    20 point that we are going to get towards, Mr. Hearing
     
    21 Officer, is there are certain assumptions that were made
     
    22 about what was there before Respondent started the work.
     
    23 I'm only interested in quantity issues. I'm not sure
     
    24 how it relates to anything other than that.
     
     
    L. A. REPORTING (312) 419-9292
     
     

     
    50
     
     
     
    1 HEARING OFFICER HALLORAN: Mr. Haschemeyer.
     
    2 MR. HASCHEMEYER: I understand what Mr. Kohlhase is
     
    3 saying. I guess I'm having some difficulty
     
    4 understanding the condition of the building, how that is
     
    5 relevant to what existed at the site when Mr. Hancock
     
    6 first inspected it in April of 2000.
     
    7 HEARING OFFICER HALLORAN: You know, I think it may
     
    8 be relevant, and I will allow the latitude. And if
     
    9 Mr. Hancock can answer it, he may do so.
     
    10 A I wouldn't know what the condition of the
     
    11 building was until I got there.
     
    12 Q In terms of the lineal feet of pipe that were
     
    13 present on your inspection on May 17th of 2000, how did
     
    14 you -- how much pipe did you determine was there and how
     
    15 did you determine that?
     
    16 A I determined it by walking the distance as an
     
    17 estimate. I didn't have a tape measure or anything with
     
    18 me at the time. So it was my lineal footage that I
     
    19 walked around both sides of the building to determine
     
    20 the square foot of the building. And then once we got
     
    21 the drawings back, I compared what I had to what the
     
    22 drawings were and they were pretty close as far as
     
    23 actual footage.
     
    24 Q If I'm understanding you, sir, correctly, you
     
     
    L. A. REPORTING (312) 419-9292
     
     

     
    51
     
     
     
    1 are saying you walked the building dimensions. Did you
     
    2 measure any pipe?
     
    3 A The pipe was walked off as well as the ones
     
    4 that were laying on the ground. I did not walk the
     
    5 pipes that were out of the wall because they were
     
    6 already cut out of the wall. I got pictures showing
     
    7 where the three sections of pipe were coming out of the
     
    8 wall. And there were two pieces of pipe laying on the
     
    9 ground. I could measure those.
     
    10 Q How much did they -- how long were they?
     
    11 A I would have to look back in my notes.
     
    12 Q Did you include it in your report?
     
    13 A I believe I did, but I'm not positive. Let
     
    14 me check and make sure.
     
    15 Q That's Respondent's Exhibit 1.
     
    16 (Pause in proceedings.)
     
    17 A In my report I had that there was a large
     
    18 amount of insulation material laying on the floor.
     
    19 Q So the answer to my question is you did not
     
    20 include anything in your report concerning the length of
     
    21 pipe?
     
    22 A No. Not in this report, no.
     
    23 Q Was there pipe that you saw but you didn't
     
    24 measure?
     
     
    L. A. REPORTING (312) 419-9292
     
     

     
    52
     
     
     
    1 A No. The pipe on the ground I walked because
     
    2 I want to find out square footage before I do my report.
     
    3 In order to consider under NESHAP we look to make sure
     
    4 that we have threshold amount. But the two sections of
     
    5 pipe were on the floor. The rest of it was hanging from
     
    6 the ceiling. There was some in the far corner. I'm
     
    7 trying to remember exactly offhand. I have my photos
     
    8 over there, but I don't know if that --
     
    9 Q When you say the far corner, please take a
     
    10 look at Complainant's Exhibit Number 4, and --
     
    11 A Right. That would be the far -- it would be
     
    12 this corner here. There were pipes that were hanging.
     
    13 There was pipes hanging here. These were the pipes that
     
    14 were laying on the ground (indicating).
     
    15 Q What was the total length that you measured?
     
    16 A I measured 160 lineal feet. I believe to the
     
    17 best of my knowledge that's what it was.
     
    18 Q This was an 80-foot square building?
     
    19 A Uh-huh. There was two sections of pipe.
     
    20 Q So you are saying that there were two
     
    21 sections of pipe. 2 times 80 is 160?
     
    22 A Right.
     
    23 Q You didn't really measure that, that's your
     
    24 judgment?
     
     
    L. A. REPORTING (312) 419-9292
     
     

     
    53
     
     
     
    1 A That was a walk -- distance of 80 feet and
     
    2 one side you will see where the pipe was cut off, and
     
    3 you will see it on the other side of the building.
     
    4 That's the length of the building was 80 feet.
     
    5 Q Was the pipe in the building when you were
     
    6 there?
     
    7 A Not all of it. There was some of it in the
     
    8 ravine.
     
    9 Q Did you measure any pipe in the ravine?
     
    10 A No. That was unstable. We weren't able to
     
    11 walk down into that area.
     
    12 Q So you don't know how much pipe was in the
     
    13 ravine?
     
    14 A It was stuck in there. And to take an
     
    15 accurate measurement, I couldn't do it, in that ravine.
     
    16 MR. KOHLHASE: Nothing further.
     
    17 HEARING OFFICER HALLORAN: Thank you, Mr. Kohlhase.
     
    18 Mr. Haschemeyer, redirect?
     
    19 REDIRECT EXAMINATION
     
    20 BY MR. HASCHEMEYER:
     
    21 Q If I understand your testimony correctly,
     
    22 Mr. Hancock, you testified that looking at the scale of
     
    23 the building based on the drawing by Clark Engineering
     
    24 would indicate that the distance of the pipe or the
     
     
    L. A. REPORTING (312) 419-9292
     
     

     
    54
     
     
     
    1 dimensions of the building would be 80 square feet; is
     
    2 that correct?
     
    3 A Yes, I believe so.
     
    4 Q So your calculation that there was 160 linear
     
    5 feet was based on your estimate is also corroborated
     
    6 then by the drawings, the engineering drawings?
     
    7 A Yes.
     
    8 MR. KOHLHASE: Objection. Argument.
     
    9 HEARING OFFICER HALLORAN: I'm sorry. Gale, could
     
    10 you please read back the question?
     
    11 COURT REPORTER: Sure. "So your calculation that
     
    12 there was 160 linear feet was based on your estimate is
     
    13 also corroborated then by the drawings, the engineering
     
    14 drawings?"
     
    15 HEARING OFFICER HALLORAN: Objection overruled.
     
    16 Q Go ahead and answer, Mr. Hancock.
     
    17 A The question you just asked about?
     
    18 Q Yes.
     
    19 A Whether it's corroborated?
     
    20 Q Right.
     
    21 A Yes.
     
    22 Q Mr. Hancock, as you recall, you testified
     
    23 with regard to notification that the notification
     
    24 indicated that there was, I believe, 1,000 cubic feet of
     
     
    L. A. REPORTING (312) 419-9292
     
     

     
    55
     
     
     
    1 asbestos-containing material on the site?
     
    2 A Okay.
     
    3 Q Would it be your understanding that that
     
    4 1,000 cubic feet is a description of the
     
    5 asbestos-contaminated material which would include the
     
    6 asbestos from the pipe and all the other construction
     
    7 debris?
     
    8 A Yes.
     
    9 MR. KOHLHASE: Objection. Leading.
     
    10 HEARING OFFICER HALLORAN: Mr. Haschemeyer?
     
    11 MR. HASCHEMEYER: Your Honor --
     
    12 HEARING OFFICER HALLORAN: Well, I have the answer.
     
    13 Objection overruled.
     
    14 Mr. Hancock?
     
    15 A Yes.
     
    16 MR. HASCHEMEYER: I have no further questions.
     
    17 HEARING OFFICER HALLORAN: Thank you.
     
    18 Mr. Kohlhase.
     
    19 RECROSS-EXAMINATION
     
    20 BY MR. KOHLHASE:
     
    21 Q With respect to the last question that was
     
    22 asked concerning Complainant's Exhibit 2, that's the
     
    23 ten-day notice?
     
    24 A Yes.
     
     
    L. A. REPORTING (312) 419-9292
     
     

     
    56
     
     
     
    1 Q You didn't prepare that notice, did you?
     
    2 A What?
     
    3 Q You didn't prepare that notice, did you?
     
    4 A No. I don't prepare those.
     
    5 Q You don't know what the person who prepared
     
    6 it was thinking, do you?
     
    7 A As far as what he has got, he went by his
     
    8 measurements and what he estimated. He sends out an
     
    9 inspector and a designer. And this designer comes up
     
    10 with the estimate.
     
    11 Q You didn't prepare the document, and you
     
    12 don't know in connection with that document what the
     
    13 thinking was that went into the preparation of that
     
    14 document, do you?
     
    15 A No.
     
    16 MR. KOHLHASE: Nothing further.
     
    17 HEARING OFFICER HALLORAN: Any re-redirect,
     
    18 Mr. Haschemeyer?
     
    19 MR. HASCHEMEYER: One further question.
     
    20 (Brief pause in proceedings.)
     
    21 MR. HASCHEMEYER: I have no further questions.
     
    22 HEARING OFFICER HALLORAN: You may step down, sir.
     
    23 Thank you very much.
     
    24 Before we go too much further I am going to
     
     
    L. A. REPORTING (312) 419-9292
     
     

     
    57
     
     
     
    1 need Respondent's Number 1 and 3. I think they are over
     
    2 here. Here is a copy of your 1 and 3 I think you let
     
    3 him use. I'm sorry, this is yours, too, Mr. Kohlhase.
     
    4 Mr. Kohlhase, again, we are in housekeeping
     
    5 mode. Gale handed me Respondent's Exhibit Number 2,
     
    6 this memorandum. That's already in as an offer of proof
     
    7 as Complainant's Exhibit Number 1.
     
    8 MR. KOHLHASE: It's not identical, Mr. Hearing
     
    9 Officer, in that --
     
    10 HEARING OFFICER HALLORAN: I realize it's time
     
    11 stamped October 3rd, 2003.
     
    12 MR. KOHLHASE: It was used only to refresh
     
    13 Mr. Hancock's recollection which it did. Whether or not
     
    14 Mr. Haschemeyer wants it to be part of the record I
     
    15 don't know. I don't need it to be part of the record.
     
    16 HEARING OFFICER HALLORAN: Okay. So you are not
     
    17 offering it?
     
    18 MR. KOHLHASE: I am not offering it.
     
    19 HEARING OFFICER HALLORAN: Mr. Haschemeyer, would
     
    20 you like this asbestos inspection memorandum written by
     
    21 Mr. Hancock, dated October 3rd, 2003 -- Mr. Kohlhase
     
    22 isn't offering it, but if you want it in, he is obliged
     
    23 to offer it.
     
    24 MR. HASCHEMEYER: Yeah. I would like it in.
     
     
    L. A. REPORTING (312) 419-9292
     
     

     
    58
     
     
     
    1 HEARING OFFICER HALLORAN: You would like it in?
     
    2 MR. KOHLHASE: I'm offering it only for the purpose
     
    3 of showing when it was prepared, not for the purpose of
     
    4 establishing the substance of what's included in the
     
    5 text of the document.
     
    6 HEARING OFFICER HALLORAN: No objection.
     
    7 Respondent's Exhibit Number 2 is admitted into evidence.
     
    8 (Whereupon, a recess was taken.)
     
    9 HEARING OFFICER HALLORAN: We are back on the
     
    10 record. We took a few minutes break. Mr. Haschemeyer,
     
    11 the complainant, he has rested his case in chief. And
     
    12 Mr. Kohlhase is on.
     
    13 MR. KOHLHASE: Your Honor, the respondent calls
     
    14 John G. Palmer, Sr.
     
    15 (Witness sworn.)
     
    16 MR. KOHLHASE: Mr. Hearing Officer, just to get the
     
    17 housekeeping out of the way, I want to offer the
     
    18 Respondent's Exhibit 4 which is identical to
     
    19 Complainant's Exhibit 4. The reason that I'm offering
     
    20 it is that I'm going to ask Mr. Palmer to mark on it
     
    21 during his testimony.
     
    22 HEARING OFFICER HALLORAN: Mr. Haschemeyer?
     
    23 MR. HASCHEMEYER: No objection.
     
    24 MR. KOHLHASE: I'm also offering as Respondent's
     
     
    L. A. REPORTING (312) 419-9292
     
     

     
    59
     
     
     
    1 Exhibit 5 a series of photographs that were taken by
     
    2 Mr. Hancock and attached as an exhibit to his report.
     
    3 That's in evidence as Exhibit 1, as Respondent's Exhibit
     
    4 1. That report does not have the attachments.
     
    5 MR. HASCHEMEYER: No objection.
     
    6 HEARING OFFICER HALLORAN: Okay. Respondent's
     
    7 Exhibit Number 4 and Number 5 are admitted into
     
    8 evidence.
     
    9 JOHN G. PALMER, SR.,
     
    10 called as a witness, after being first duly sworn, was
     
    11 examined and testified upon his oath as follows:
     
    12 DIRECT EXAMINATION
     
    13 BY MR. KOHLHASE:
     
    14 Q Please state your name.
     
    15 A John G. Palmer, Senior.
     
    16 Q What's your employment?
     
    17 A I'm an iron worker by trade.
     
    18 Q What company are you affiliated with?
     
    19 A Blue Ridge Construction Corporation.
     
    20 Q That's the respondent in this case?
     
    21 A Yes, it is.
     
    22 Q Where does Blue Ridge Construction
     
    23 Corporation maintain an office?
     
    24 A In the Bartonville, Illinois, Industrial
     
     
    L. A. REPORTING (312) 419-9292
     
     

     
    60
     
     
     
    1 Park.
     
    2 Q Where is that office in that industrial park
     
    3 compared to the property and the building that we have
     
    4 been talking about today?
     
    5 A It is approximately one block east.
     
    6 Q When did you -- or when did Blue Ridge
     
    7 Construction establish an office in the Bartonville
     
    8 Industrial Park?
     
    9 A We purchased the property and built a
     
    10 building in 1995.
     
    11 Q Have you been continuously affiliated with
     
    12 Blue Ridge since that time?
     
    13 A Yes, I have.
     
    14 Q When is the first time that you personally
     
    15 had anything to do with this site that we are talking
     
    16 about here today?
     
    17 A As far as the purchase?
     
    18 Q Yes.
     
    19 A That would have been -- the purchase, we
     
    20 purchased it in -- I believe it was April of 2000.
     
    21 Q Then in May of 2000 Blue Ridge did some work
     
    22 on the property?
     
    23 A Yes.
     
    24 Q Based on your -- well, let's take a look at
     
     
    L. A. REPORTING (312) 419-9292
     
     

     
    61
     
     
     
    1 the first page of Respondent's Exhibit 5. What does
     
    2 that show?
     
    3 A This is our crane in the picture. And the
     
    4 section of wall that was taken out in that one area
     
    5 right there that you can see behind where the wall is
     
    6 removed is considered the dining hall.
     
    7 Q When you say the dining hall, please take a
     
    8 look at Respondent's Exhibit 4. Can you outline in blue
     
    9 what the dining hall is?
     
    10 HEARING OFFICER HALLORAN: Is that Complainant's
     
    11 Exhibit Number 4?
     
    12 MR. KOHLHASE: Respondent's Exhibit Number 4. It's
     
    13 the same except for now he is going to start marking on
     
    14 it, Mr. Hearing Officer.
     
    15 HEARING OFFICER HALLORAN: Thank you.
     
    16 A The dining hall is the area where all the
     
    17 asbestos pipe insulation is indicated. That square
     
    18 right there (indicating).
     
    19 Q Prior to the time that Blue Ridge commenced
     
    20 its work with respect to the dining hall in May of 2000,
     
    21 what, if any, pipes were running across the span of that
     
    22 dining hall building?
     
    23 A There were no pipes spanning the building at
     
    24 all.
     
     
    L. A. REPORTING (312) 419-9292
     
     

     
    62
     
     
     
    1 Q Where there any 80-foot lengths of pipe there
     
    2 at all?
     
    3 A No.
     
    4 MR. HASCHEMEYER: Objection. Lack of foundation.
     
    5 HEARING OFFICER HALLORAN: Mr. Kohlhase?
     
    6 MR. KOHLHASE: I can certainly ask more foundation
     
    7 questions. He has already established his familiarity
     
    8 with the building. I would be happy to ask more.
     
    9 HEARING OFFICER HALLORAN: In light of
     
    10 Mr. Haschemeyer's objection.
     
    11 Q Mr. Palmer, before April of 2000, had you
     
    12 ever looked at the dining hall building?
     
    13 A In curiosity we walked through it. All the
     
    14 buildings were open to the general public to walk
     
    15 through.
     
    16 Q Perhaps it would be a little digression but
     
    17 explain for the hearing officer what we are talking
     
    18 about here. When you say "all the buildings were open,"
     
    19 what's down there?
     
    20 A What buildings at that time that were left by
     
    21 the State of Illinois Mental Health Facility, none of
     
    22 them were ever boarded up or closed. And over the
     
    23 period of 25 or 30 years -- I'm not sure what it
     
    24 was -- vandalism and theft had pretty much taken place
     
     
    L. A. REPORTING (312) 419-9292
     
     

     
    63
     
     
     
    1 in all the buildings that were not occupied. And they
     
    2 were just dilapidated, and anybody at any time could
     
    3 walk through any of the buildings.
     
    4 Q This building, for example, that we are
     
    5 talking about, the dining hall.
     
    6 A Yes.
     
    7 Q Could you and did you walk into it?
     
    8 A Yes.
     
    9 Q In fact, you ultimately were involved in
     
    10 personally purchasing the property, weren't you?
     
    11 A Yes.
     
    12 Q Did you look at the dining hall building
     
    13 before you purchased it?
     
    14 A Yes.
     
    15 Q By the way, did it have a roof on it when you
     
    16 were looking at it?
     
    17 A No. Probably 40 percent of the roof had
     
    18 collapsed in the dining hall.
     
    19 Q So, again, with respect to the dining hall
     
    20 property, there has been some testimony that you heard
     
    21 while you were sitting here that it was basically 80
     
    22 foot square. Were there any pipes spanning that square
     
    23 in April of 2000?
     
    24 A No, there was not.
     
     
    L. A. REPORTING (312) 419-9292
     
     

     
    64
     
     
     
    1 Q In Exhibit 5 we have a number of photographs.
     
    2 You already described the first one as showing your
     
    3 crane. What I would like you to do is go to the next
     
    4 page. It's identified as frame 12, and describe for the
     
    5 hearing officer what that shows and then mark on
     
    6 Respondent's Exhibit 4 where that is by identifying it
     
    7 as number 12.
     
    8 A Number 12 is in the dining hall. There is
     
    9 two pieces of pipe there, and they are located -- this
     
    10 is frame 12. Number 12.
     
    11 Q Put a number 12.
     
    12 A (Witness complies.)
     
    13 Q Please go to frame number 13.
     
    14 A Frame number 13 is also the same location.
     
    15 Q So it's the same as number 12?
     
    16 A Yes, it is.
     
    17 Q Please go to the next frame. It's frame
     
    18 number 14.
     
    19 A Frame number 14 is also the same location.
     
    20 Q Number 15?
     
    21 A 15 is the same location.
     
    22 Q Number 16?
     
    23 A 16 is over on the furthest north end of -- on
     
    24 the drawing, the bakery building.
     
     
    L. A. REPORTING (312) 419-9292
     
     

     
    65
     
     
     
    1 Q Please tell the hearing officer what the
     
    2 bakery building is.
     
    3 A The bakery building is the kitchen area for
     
    4 the state hospital. It had -- this whole area above the
     
    5 dining hall was a kitchen with large ovens and hoods and
     
    6 everything like that.
     
    7 Q And on the Respondent's Exhibit Number 4 part
     
    8 of the structure that's the bakery building actually has
     
    9 lettering on it that says, "Former State Mental Hospital
     
    10 Bakery Building," does it not?
     
    11 A That might. I don't know.
     
    12 Q Right here.
     
    13 A Yes. Yes.
     
    14 Q Now the dining hall -- let me back up. Were
     
    15 you doing any work in the bakery building?
     
    16 A No.
     
    17 Q Please go to frame 17.
     
    18 A Number 17.
     
    19 Q What does that show and where is it?
     
    20 A That shows -- what that was, it was an apron
     
    21 wall around the stainless steel hoods that were in the
     
    22 bakery.
     
    23 Q Can you mark number 17, where that is
     
    24 located?
     
     
    L. A. REPORTING (312) 419-9292
     
     

     
    66
     
     
     
    1 A (Witness complies.)
     
    2 Q Please take a look at frame 18. What is that
     
    3 and where is it?
     
    4 A 18 are some water valves, and they are
     
    5 located on the east wall in the bakery building.
     
    6 Approximately right there (marking).
     
    7 Q Please go to frame 19. What is that?
     
    8 A 19 shows a penetration in the wall and that
     
    9 is right in the same location as 12, 13, 14 and 15.
     
    10 Q Please go to --
     
    11 A 20.
     
    12 Q Frame 20. And tell the hearing officer what
     
    13 that picture shows.
     
    14 A 20 is the same pipe in the location as 11,
     
    15 12, 13, 14, 15 and 19.
     
    16 Q Mark that.
     
    17 A (Witness complies.)
     
    18 Q Then frame 21, what is that?
     
    19 A Frame 21 shows the floor of the dining hall.
     
    20 Q Please go to frame 22. What is that?
     
    21 A 22, that is the same location as 12, 13, 14,
     
    22 15, 20 and 19.
     
    23 Q Mark that.
     
    24 A (Witness complies.)
     
     
    L. A. REPORTING (312) 419-9292
     
     

     
    67
     
     
     
    1 Q Please go to the next picture. What is that?
     
    2 A That shows electrical wires and that is
     
    3 located in the dining hall on the -- that would be the
     
    4 southwest corner.
     
    5 Q Mark that.
     
    6 A (Witness complies.)
     
    7 Q Then frame number 24, what is that?
     
    8 A 24 shows some pipe hanging on the wall, and
     
    9 that is located in the dining hall in the center of the
     
    10 west wall.
     
    11 Q Mark that.
     
    12 A (Witness complies.)
     
    13 Q Then number 25, what is that?
     
    14 A 25 shows a section of pipe, and that's
     
    15 located in the dining hall on the northwest corner.
     
    16 Q Mark that.
     
    17 A (Witness complies.)
     
    18 Q Now have you identified all the pictures
     
    19 except for frame number 11 by marking them on
     
    20 Respondent's Exhibit 4?
     
    21 A Yes.
     
    22 Q In your observation of the dining hall, did
     
    23 you observe 160 lineal feet of pipe at any time period?
     
    24 A No. No.
     
     
    L. A. REPORTING (312) 419-9292
     
     

     
    68
     
     
     
    1 MR. KOHLHASE: Nothing further.
     
    2 HEARING OFFICER HALLORAN: Thank you, Mr. Kohlhase.
     
    3 Any cross, Mr. Haschemeyer, please?
     
    4 MR. HASCHEMEYER: Yes.
     
    5 CROSS-EXAMINATION
     
    6 BY MR. HASCHEMEYER:
     
    7 Q Mr. Palmer, you indicated that you inspected
     
    8 the dining hall portion of that Department of Mental
     
    9 Health Facility prior to purchase; is that correct?
     
    10 A I walked through it, yes.
     
    11 Q You walked through it.
     
    12 And you indicated a portion of the roof had
     
    13 collapsed?
     
    14 A Yes.
     
    15 Q Do you recall whether or not there were any
     
    16 pipes laying under that portion of roof that had
     
    17 collapsed?
     
    18 A No, there was not.
     
    19 Q Did you lift that portion of the roof to see
     
    20 if there were pipes underneath it?
     
    21 A When I walked through it?
     
    22 Q Yes.
     
    23 A No. No.
     
    24 Q So this roof that collapsed, it collapsed to
     
     
    L. A. REPORTING (312) 419-9292
     
     

     
    69
     
     
     
    1 the floor; is that correct?
     
    2 A Yes, it is.
     
    3 Q So you were not able to look underneath that
     
    4 roof to see if there were any pipes underneath that
     
    5 roof?
     
    6 A No.
     
    7 Q Now you reviewed those photographs that are
     
    8 part of -- marked as Respondent's Exhibit 5. You didn't
     
    9 take those photographs, did you?
     
    10 A No.
     
    11 Q You weren't present when those photographs
     
    12 were taken, were you?
     
    13 A No.
     
    14 Q In fact, you weren't present at the site when
     
    15 Mr. Hancock arrived on the 17th, were you?
     
    16 A No.
     
    17 Q As a practical matter, you really didn't
     
    18 participate in the destruction of the building? That
     
    19 was done by your men; is that correct?
     
    20 A Yes.
     
    21 Q So you were not inside the building and
     
    22 observing the locations as indicated on these
     
    23 photographs at the time the photographs were taken?
     
    24 A No.
     
     
    L. A. REPORTING (312) 419-9292
     
     

     
    70
     
     
     
    1 Q So your testimony relative to what those
     
    2 photographs show is, as best you can recollect, based on
     
    3 some earlier walk-through kind of look at the place?
     
    4 A No. Right now those pipes still exist. They
     
    5 are still there on a lot of the pictures.
     
    6 Q Now I believe if my memory is correct there
     
    7 has been some testimony, some inspection memos that the
     
    8 pipes had been cut when the demolition commenced. You
     
    9 were not present when those pipes were cut, were you?
     
    10 A No.
     
    11 Q So you would have no personal knowledge of
     
    12 what pipes were cut when or any of that?
     
    13 A No. I know a lot of the pipes were cut many
     
    14 years prior to us even purchasing the building. Like I
     
    15 said, the building is pretty much all cannibalized for
     
    16 scrap value.
     
    17 MR. HASCHEMEYER: I have no further questions.
     
    18 HEARING OFFICER HALLORAN: Thank you,
     
    19 Mr. Haschemeyer.
     
    20 Mr. Kohlhase, any redirect?
     
    21 REDIRECT EXAMINATION
     
    22 BY MR. KOHLHASE:
     
    23 Q When is the last time you looked at this
     
    24 dining hall building?
     
     
    L. A. REPORTING (312) 419-9292
     
     

     
    71
     
     
     
    1 A Yesterday.
     
    2 Q Are you, do you believe, familiar with what's
     
    3 depicted in the photographs that you then marked on
     
    4 Respondent's Exhibit 4?
     
    5 A Yes.
     
    6 Q With respect to pipe being on the floor, did
     
    7 you ever find any significant lengths of pipe in that
     
    8 building under roof debris?
     
    9 A No. There was not.
     
    10 MR. KOHLHASE: Nothing further.
     
    11 HEARING OFFICER HALLORAN: Thank you.
     
    12 Mr. Haschemeyer, any recross?
     
    13 MR. HASCHEMEYER: No, Your Honor.
     
    14 HEARING OFFICER HALLORAN: You may step down,
     
    15 Mr. Palmer. Thank you.
     
    16 MR. KOHLHASE: We have nothing further.
     
    17 HEARING OFFICER HALLORAN: Thank you.
     
    18 Any rebuttal, Mr. Haschemeyer?
     
    19 MR. HASCHEMEYER: Mr. Hearing Officer, may I take a
     
    20 couple of minutes?
     
    21 HEARING OFFICER HALLORAN: Yes.
     
    22 (Whereupon, a recess was taken.)
     
    23 HEARING OFFICER HALLORAN: We are back on the
     
    24 record. Mr. Hancock is going to retake the stand, and I
     
     
    L. A. REPORTING (312) 419-9292
     
     

     
    72
     
     
     
    1 remind you you are still under oath. Thank you.
     
    2 DENNIS HANCOCK,
     
    3 called as a witness, having been previously duly sworn,
     
    4 was examined and testified upon his oath as follows:
     
    5 DIRECT EXAMINATION
     
    6 BY MR. HASCHEMEYER:
     
    7 Q Mr. Hancock, I hand you Respondent's Exhibit
     
    8 Number 4, and I call your attention to number 16. You
     
    9 marked on it. And then I call your attention to what is
     
    10 marked as frame 16 as part of Respondent's Exhibit
     
    11 Number 5, the photograph marked. Can you tell me where
     
    12 frame 16 or the photograph depicted by frame 16 was
     
    13 taken?
     
    14 A That was taken over here in this section.
     
    15 Inside this (indicating).
     
    16 Q When you say "in this section," could you
     
    17 mark -- and just mark an X where that photograph was
     
    18 taken.
     
    19 A (Witness complies.)
     
    20 HEARING OFFICER HALLORAN: Frame 16?
     
    21 A Frame 16.
     
    22 Q So it would be your testimony then that frame
     
    23 16 was of a pipe extending through the wall in the old
     
    24 dining hall area. Was it extending into the area where
     
     
    L. A. REPORTING (312) 419-9292
     
     

     
    73
     
     
     
    1 the dining hall was or out the other side?
     
    2 A It was extending inside the area that was
     
    3 demolished.
     
    4 Q Now calling your attention to frame 17.
     
    5 A That was taken right through -- there is a
     
    6 doorway here. It was taken in through here
     
    7 (indicating).
     
    8 Q Let's put an X with a circle around it. So
     
    9 that's pretty close to where Mr. Palmer testified. And
     
    10 as we look at this photograph, there appears to be some
     
    11 debris hanging from the roof; is that correct?
     
    12 A Yes.
     
    13 Q To the best of your knowledge is that the
     
    14 kind of debris that was hanging also from the roof, was
     
    15 part of the roof in the old dining room area?
     
    16 A No. No, that was separate.
     
    17 Q That was separate?
     
    18 A Yeah. There is a photo that shows red tile
     
    19 and everything and had the insulation on it. That's
     
    20 what came from the exhibit.
     
    21 Q So this photo, there is a doorway there that
     
    22 looks outside. Can you tell me what that is looking at,
     
    23 what direction?
     
    24 A It's looking out the rear of the back of the
     
     
    L. A. REPORTING (312) 419-9292
     
     

     
    74
     
     
     
    1 building.
     
    2 Q Into what was the old --
     
    3 A There is -- well, there is part of a ravine
     
    4 over here, and the other part is over here (indicating).
     
    5 Q When you say the other part was over here,
     
    6 you are motioning to the right of the photograph?
     
    7 A Right.
     
    8 Q What was over there?
     
    9 A That's the debris, the ravine that the debris
     
    10 was in.
     
    11 Q Calling your attention to frame 18.
     
    12 A That would have been over in this area.
     
    13 Well, actually, it's coming in through right inside the
     
    14 doorway here (indicating).
     
    15 Q So where Mr. Palmer marked 18, that's
     
    16 correct, where that picture was taken?
     
    17 A Yes.
     
    18 Q To the best of your knowledge, if you know,
     
    19 are these pictures of pipes that then extended through
     
    20 the wall into the old dining hall area?
     
    21 A This pipe and I believe there was another
     
    22 section next to it that went through. One of the
     
    23 pictures shows where they came out.
     
    24 Q So one of the pipes -- then this photograph
     
     
    L. A. REPORTING (312) 419-9292
     
     

     
    75
     
     
     
    1 it would be the pipe towards the bottom of photograph
     
    2 then extended through the wall into the old dining room
     
    3 area?
     
    4 A Right. Yeah. To the best of my knowledge it
     
    5 was.
     
    6 Q To the best of your recollection.
     
    7 MR. HASCHEMEYER: I have no further questions.
     
    8 HEARING OFFICER HALLORAN: Thank you,
     
    9 Mr. Haschemeyer.
     
    10 Mr. Kohlhase?
     
    11 MR. KOHLHASE: No questions. I would, subject to
     
    12 whatever else, I have one question to ask Mr. Palmer if
     
    13 I could at the appropriate time.
     
    14 MR. HASCHEMEYER: I have no further questions.
     
    15 HEARING OFFICER HALLORAN: Okay. You may step
     
    16 down, Mr. Hancock.
     
    17 Are you finished with your --
     
    18 MR. HASCHEMEYER: I have completed my case.
     
    19 HEARING OFFICER HALLORAN: Do you have any
     
    20 objection to Mr. Palmer retaking the stand?
     
    21 MR. HASCHEMEYER: Your Honor, with all due respect,
     
    22 I wasn't aware that the Respondent had an opportunity to
     
    23 call rebuttal to redirect. But in the interest of
     
    24 fairness, I have no objection.
     
     
    L. A. REPORTING (312) 419-9292
     
     

     
    76
     
     
     
    1 HEARING OFFICER HALLORAN: I agree with your
     
    2 observations, Mr. Haschemeyer, but in the interest that
     
    3 the Board can have all the information in front of it, I
     
    4 will allow Mr. Palmer to be called again as a witness.
     
    5 HEARING OFFICER HALLORAN: Mr. Palmer, you are
     
    6 reminded that you are still under oath.
     
    7 THE WITNESS: Yes.
     
    8 JOHN G. PALMER, SR.,
     
    9 called as a witness, having been previously duly sworn,
     
    10 was examined and testified upon his oath as follows:
     
    11 DIRECT EXAMINATION
     
    12 BY MR. KOHLHASE:
     
    13 Q With respect to what's depicted in frame
     
    14 number 16 of Respondent's Exhibit 5, please tell the
     
    15 hearing officer when was the last time you looked at
     
    16 that particular scene to determine what it showed and
     
    17 where it was?
     
    18 A I was in this room yesterday.
     
    19 MR. HASCHEMEYER: I'm going to object. The photo
     
    20 was taken at a particular point in time which is like
     
    21 three, four years earlier than what he is asking this
     
    22 witness to testify. I don't see the relevance of the
     
    23 question.
     
    24 HEARING OFFICER HALLORAN: Mr. Kohlhase?
     
     
    L. A. REPORTING (312) 419-9292
     
     

     
    77
     
     
     
    1 MR. KOHLHASE: There is apparently some effort to
     
    2 establish through Mr. Hancock's testimony who was last
     
    3 at the site in June of 2001 to establish that Mr. Palmer
     
    4 was in error in his testimony with respect to
     
    5 where -- what is depicted in frame number 16 exists on
     
    6 Respondent's Exhibit 4. My only point is that as a
     
    7 matter of weight and credibility Mr. Palmer was there
     
    8 yesterday looking at it. With respect to photographs
     
    9 anybody familiar with the scene can tell whether or not
     
    10 the photograph fairly and accurately depicts what's
     
    11 there. He knows what's in the photograph. He knows
     
    12 what's in the building. He looked at it yesterday.
     
    13 That's the point. I think it's relevant.
     
    14 HEARING OFFICER HALLORAN: I'm going to overrule
     
    15 Mr. Haschemeyer's objection. If you can answer, do so.
     
    16 Please wrap it up, Mr. Kohlhase.
     
    17 MR. KOHLHASE: I'm done.
     
    18 HEARING OFFICER HALLORAN: Mr. Palmer, could you
     
    19 answer Mr. Kohlhase's question?
     
    20 A This particular piece of pipe exists today in
     
    21 this room with the same attachments on the wall and the
     
    22 same condition. You see it right here in this picture.
     
    23 It's still there.
     
    24 HEARING OFFICER HALLORAN: And that is frame 16?
     
     
    L. A. REPORTING (312) 419-9292
     
     

     
    78
     
     
     
    1 THE WITNESS: As I indicated on the drawing is
     
    2 frame 16.
     
    3 HEARING OFFICER HALLORAN: Thank you. Any cross, I
     
    4 guess?
     
    5 MR. HASCHEMEYER: Yeah. Just a couple of things.
     
    6 CROSS-EXAMINATION
     
    7 BY MR. HASCHEMEYER:
     
    8 Q Mr. Palmer, to the best of your
     
    9 knowledge -- you were present here when Mr. Hancock
     
    10 testified. Do you know -- and he has indicated on
     
    11 Respondent's Exhibit 4 with this X here where he
     
    12 believes that picture was taken. To the best of your
     
    13 knowledge is that wall still standing right there today?
     
    14 A Part of it, yes.
     
    15 Q What part of it is still standing if you can
     
    16 tell me?
     
    17 A The top part. There is just part of the top
     
    18 wall. There was a couple of windows right there.
     
    19 Q And the rest of the wall is gone?
     
    20 A Yes.
     
    21 Q So assuming -- if we assume as a hypothetical
     
    22 that Mr. Hancock's testimony is correct, the picture
     
    23 that he has taken of this wall where the pipe comes
     
    24 through would be gone, is that correct, if it's where he
     
     
    L. A. REPORTING (312) 419-9292
     
     

     
    79
     
     
     
    1 says it is?
     
    2 A That would be correct, yes.
     
    3 Q So if that's the case, it would be impossible
     
    4 for you to tell today what was there because it's no
     
    5 longer there?
     
    6 A I can show you that exact picture right now.
     
    7 MR. HASCHEMEYER: I have no further questions, Your
     
    8 Honor.
     
    9 HEARING OFFICER HALLORAN: Thank you. Are we
     
    10 finished with Mr. Palmer?
     
    11 MR. KOHLHASE: We are finished.
     
    12 HEARING OFFICER HALLORAN: Thank you, Mr. Palmer.
     
    13 THE WITNESS: You are welcome.
     
    14 HEARING OFFICER HALLORAN: Before I forget, I'm
     
    15 supposed to make a credibility determination on the
     
    16 witnesses. And based on my legal experience and
     
    17 judgment, I find that there is no credibility issues
     
    18 with the witnesses that were testifying here today, all
     
    19 two of them.
     
    20 Real quickly, and we'll go off the record, we
     
    21 did prior to the hearing agree on a posthearing briefing
     
    22 schedule. We surmised that the transcript will be ready
     
    23 February 13th. Complainant's brief is due on or before
     
    24 March 8th. Respondent's brief is due on or before March
     
     
    L. A. REPORTING (312) 419-9292
     
     

     
    80
     
     
     
    1 29th. Complainant's reply, if any, is due on or before
     
    2 April 12th. I will also -- as I'm required to
     
    3 do -- set public comment. Public comment is due on
     
    4 February 27th, 2004. With that said, we will go off the
     
    5 record for a minute and we will wrap this thing up.
     
    6 Thank you.
     
    7 (Discussion off the record.)
     
    8 HEARING OFFICER HALLORAN: We have discussed
     
    9 briefly. Attorneys for the parties have decided to go
     
    10 ahead and save their closing argument for the
     
    11 posthearing briefs. And I think that's it although I do
     
    12 want to thank the attorneys for their professionalism
     
    13 and their civility throughout the proceeding and on the
     
    14 telephonic status conferences. With that said, have a
     
    15 safe trip home and thank you very much.
     
    16
     
    17
     
    18 (Whereupon, the proceedings concluded
     
    19 at 11:05 a.m.)
     
    20
     
    21
     
    22
     
    23
     
    24
     
     
    L. A. REPORTING (312) 419-9292
     
     

     
    81
     
     
     
    1 STATE OF ILLINOIS )
    ) SS
    2 COUNTY OF PEORIA )
     
    3
     
    4 CERTIFICATE OF REPORTER
     
    5
     
    6
     
    7 I, GALE G. EVERHART, CSR-RPR, Notary Public
     
    8 in and for the County of Peoria, State of Illinois, do
     
    9 hereby certify that the foregoing transcript, consisting
     
    10 of pages 1 through 80, both inclusive, constitutes a
     
    11 true and accurate transcript of the original
     
    12 stenographic notes recorded by me of the foregoing
     
    13 proceedings had before Hearing Officer Bradley P.
     
    14 Halloran, in Peoria, Illinois, on the 3rd of February,
     
    15 A.D. 2004.
     
    16
     
    17
     
    18 Dated this 9th day of February, A.D. 2004.
     
    19
     
    20
     
    21
     
    22 ___________________________________
    GALE G. EVERHART, CSR-RPR
    23 Illinois License No. 084-004217
     
    24
     
     
    L. A. REPORTING (312) 419-9292
     
     

     

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