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1
ILLINOIS POLLUTION CONTROL BOARD
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DES PLAINES RIVER WATERSHED
3 ALLIANCE, LIVABLE COMMUNITIES )
4 ALLIANCE, PRAIRIE RIVERS
)
5 NETWORK, and SIERRA CLUB,
)
6
Petitioners,
)
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vs.
) No. PCB 04-88
8 ILLINOIS ENVIRONMENTAL
) (Third-Party NPDES
9 PROTECTION AGENCY and VILLAGE ) Permit Appeal)
10 OF NEW LENOX,
)
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Respondents.
)
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TRANSCRIPT OF PROCEEDINGS had in the
15 above-entitled cause on the 30th day of March, A.D.
16 2006, at 9:00 a.m.
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18 BEFORE: BRADLEY HALLORAN, Hearing Officer,
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Illinois Pollution
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Control Board.
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L.A. REPORTING (312) 419-9292
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1 APPEARANCES:
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ENVIRONMENTAL LAW & POLICY CENTER,
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35 East Wacker Drive
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Suite 1300
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Chicago, Illinois 60601-2110
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312-795-3707
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MR. ALBERT F. ETTINGER,
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appeared on behalf of Petitioners;
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ILLINOIS ENVIRONMENTAL PROTECTION AGENCY,
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1021 North Grand Avenue East
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P.O. Box 19276
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Springfield, Illinois 62794-9276
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217-782-5544
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MR. SANJAY K. SOFAT,
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appeared on behalf of the
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Environmental Protection Agency;
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L.A. REPORTING (312) 419-9292
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1 PRESENT (cont'd.)
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GARDNER, CARTON & DOUGLAS,
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191 North Wacker Drive
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Suite 3700
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Chicago, Illinois 60606-1698
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312-569-14421
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MR. ROY M. HARSCH,
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appeared on behalf of the
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Village of New Lenox.
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23 REPORTED BY: SHARON BERKERY, C.S.R.
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CERTIFICATE NO. 84-4327.
L.A. REPORTING (312) 419-9292
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THE HEARING OFFICER: Good morning.
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My name is Bradley Halloran, I'm a hearing
3
officer with the Illinois Pollution Control
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Board.
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I'm also assigned to this matter,
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PCB04-88. It's entitled, Des Plaines River
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Watershed Alliance, Livable Community
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Alliance, Prairie Rivers Network and Sierra
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Club are the petitioners vs. Illinois
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Environmental Protection Agency and the
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Village of New Lenox.
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Today is March 30th, 2006,
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approximately 9:02 a.m. I do want to note,
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for the record, that I do see four members of
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the public who are not affiliated with the
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parties.
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I talked with them prior to this
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hearing and they represented they do not wish
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to give public comment.
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Is that correct?
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UNIDENTIFIED SPEAKERS: That's
22
correct.
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THE HEARING OFFICER: Okay. Thank
24
you.
L.A. REPORTING (312) 419-9292
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I got a yes.
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In any event, we're going to run
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this hearing as it is, pursuant to
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Section 105.214 subpart B and Section 101
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subpart F on the board of procedural
6
provisions. This hearing has been properly
7
noticed pursuant to the provisions, as well.
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At this point -- we had talked off
9
record. The parties represented that they
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have no witnesses to represent. They also
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represent that they are not going to give a
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summation, I think they're going to reserve
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that for their post-hearing brief.
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But, at this point, I'd like for
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the parties to introduce themselves.
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Mr. Ettinger?
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MR. ETTINGER: I am here.
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THE HEARING OFFICER: And you
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represent the petitioners?
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MR. ETTINGER: I represent the
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petitioners.
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THE HEARING OFFICER: Okay.
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MR. SOFAT: Sanjay Sofat, representing
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the ILLINOIS EPA.
L.A. REPORTING (312) 419-9292
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MR. HARSCH: Roy Harsch of Gardner,
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Carton & Douglas, representing New Lenox.
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I do have -- at some appropriate
4
time, I would like to make one brief
5
statement for the record.
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THE HEARING OFFICER: Okay. Terrific.
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You can do that now.
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Mr. Harsch.
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MR. HARSCH: Yes, sir.
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The Village of New Lenox
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respectfully believes the Pollution Control
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Board's order that was entered, with respect
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to the request for discovery, was in error;
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and we reserve the right to challenge in that
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determination, as appropriate, as this case
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moves forward.
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THE HEARING OFFICER: And that board
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order you're referring to, I believe, is
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November 7th, 2005?
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MR. HARSCH: Yes.
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THE HEARING OFFICER: Okay. With that
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said -- also prior to the hearing, the
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parties got together and we made an agreed
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briefing schedule.
L.A. REPORTING (312) 419-9292
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What I'm going to do is make the
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public comment due on or before April 17th,
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2006. Mr. Ettinger's brief is due April
4
21st, 2006.
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Mr. Harsh and Mr. Sofat's brief,
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the respondents, is due May 19th.
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Mr. Ettinger's reply, if any, is due June
8
2nd.
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And, Mr. Ettinger, if there's not
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enough time to respond, if there are any
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public comments prior to April 21st, please
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respond in the June 2nd reply.
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Would that be fine?
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MR. ETTINGER: If there are public
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comments made on April 19th --
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THE HEARING OFFICER: Seventeenth.
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MR. ETTINGER: -- that I deem that I
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need to respond to --
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THE HEARING OFFICER: Correct.
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MR. ETTINGER: -- you will allow me to
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do that in the reply?
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THE HEARING OFFICER: Correct. Yes.
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MR. ETTINGER: Fine.
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THE HEARING OFFICER: That will be due
L.A. REPORTING (312) 419-9292
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June 2nd, on or before.
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With that said, do we have any
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other issues to cover before we close?
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MR. SOFAT: No.
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MR. HARSCH: No, sir.
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THE HEARING OFFICER: Okay, thank you.
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All right. This conclude the
8
hearing, please drive home safely.
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It's approximately 9:05, 9:06.
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Thank you very much.
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L.A. REPORTING (312) 419-9292
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1 STATE OF ILLINOIS)
2
) SS:
3 COUNTY OF COOK )
4
I, SHARON BERKERY, a Certified Shorthand
5 Reporter of the State of Illinois, do hereby certify
6 that I reported in shorthand the proceedings had at
7 the ^ trial ^ hearing ^ meeting ^ arbitration
8 aforesaid, and that the foregoing is a true,
9 complete and correct transcript of the proceedings
10 of said ^ trial ^ hearing ^ meeting ^ arbitration as
11 appears from my stenographic notes so taken and
12 transcribed under my personal direction.
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IN WITNESS WHEREOF, I do hereunto set my
14 hand at Chicago, Illinois, this 13th day of
15 April, 2006.
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18
Certified Shorthand Reporter
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20 C.S.R. Certificate No. 84-4327.
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L.A. REPORTING (312) 419-9292