PEOPLE OF THE
BEFORE
STATE OF
THE
ILLINOIS,
ILLINOIS
ex
POLLUTION CONTROL BOARDR
CLERK'S
E C E
I
OFFICE
V E D
)
rel. LISA MADIGAN, Attorney General of the
)
State
of Illinois,
MAY 1 8 2007
)
STATE OF ILLINOIS
Plaintiff,
)
PCB No
. 03-19IPollution Control Board
(Enforcement-Land)
V .
)
COMMUNITY LANDFILL CO., an Illinois
)
Corporation, and the CITY OF MORRIS, an
)
Illinois Municipal Corporation,
)
Defendants .
)
CITY'S
HEARING
RESPONSE
DATE OR
TO
ALTERNATIVELY
STATE'S RENEWED
TO
MOTION
SEVER CLAIMSTO
SET
NOW COMES the CITY OF MORRIS, an Illinois Municipal Corporation, by and
through its attorneys, HINSHAW & CULBERTSON LLP, and for its Response in opposition to
the State's Renewed Motion to Set Hearing Date or Alternatively for Severance of Claims, states
as follows :
INTRODUCTION
On May 3, 2007, the State renewed its motion seeking a hearing date or, in the
alternative, a severance of claims
. Interestingly enough, the State concedes in its Renewcd
Motion that it wants the hearing to proceed quickly, in no small part so that it can collect
penalties and attorney's fees (presumably against both defendants, one of which is a unit of local
government) . (State's Motion, p . 2). The State's motion further asserts that the continuance due
to the illness of an essential witness, Edward Pruim, is preventing the State from engaging in
"effective enforcement ." (Id.)
.
In the alternative, the State argues that the claims against
Community Landfill Corporation ("CLC")
and the City of Morris ("the City") should be severed
so the State can proceed, post-haste, in its efforts to impose penalties on the City,
notwithstanding the temporary unavailability of critical evidence
.
70524545v1 806289
As at all times material in the past when the State has unsuccessfully raised this same
motion, the City submits that the granting of a continuance until the medical condition of a
crucial witness has stabilized will pose no imminent or substantial threat to human health or to
the environment. (See Affidavit of Devin Moose, attached hereto as Exhibit A) . 1 Contrary to
the State's assertion that an expedited process is needed because otherwise there is no assurance
the landfill will be properly closed and maintained, the fact is that CLC is presently engaged in
efforts to upgrade both the gas collection system and the landfill facility as a whole . Moreover,
no offsite gas migrations have been detected
. (Exhibit A) . Thus, preservation of the status quo
until Edward Pruim can testify presents no danger to public health or the environment, and a rush
to conduct a truncated hearing and impose penalties on the City without the availability of
necessary evidence would do absolutely nothing whatsoever to further public health or safety
.
Finally, the City adamantly objects to being subjected to a hearing which could
potentially result in the imposition of millions of dollars in financial obligations upon City
taxpayers, at a time when crucial evidence is temporarily unavailable . Forcing the City to defend
itself at such a hearing would offend fundamental fairness, and cause material prejudice to the
City. The City therefore strenuously opposes the State's motion
.
Evidence shows conditions at the landfill are
not deteriorating
In the Board's March 15, 2007 Order, the Board stated that :
[b]ased on the alleged and undisputed existence of deteriorating conditions, upon
receipt of a renewed motion from the People the Board will consider directing the
hearing officer to schedule a hearing, with or without the availability of Mr .
I
The State previously asserted to this Board that an action alleging over thirty violations
concerning the Landfill's gas collection system was pending against the City and CLC
.
Recently, the circuit court in that action refused to grant the injunctive relief requested by the
State after the State admitted, mid-way through the hearing, that it could not proceed because it
had concluded it was unable to prove its case .
2
70524545v 1 806289
Edward Pruim, as expe itiously
I
as possible after the April 13, 2007 status
conference .
Although the State filed a renewed motion on May 3, 2007 seeking a hearing without
Pruim's testimony, notably absent from the State's motion is any reference to deteriorating
conditions at the landfill, or to the existence of any imminent danger to human health or the
environment
. The absence of any such allegation is reflective of the fact that there is no such
danger. Moreover, it reveals that the State's rush to conduct an immediate hearing without the
presence of vital evidence is driven not by concerns for public health or safety, but, rather,
among other things, by an attempt to quickly impose liability upon the City without a full
presentation of all the facts .
Mr
. Pruim's treating physician, Dr. Rowan, has opined that Pruim has not yet fully
recovered from surgery, but Dr
. Rowan recommended that Pruim be reevaluated in several
months. Delaying the hearing for several months until Pruim is available to be examined poses
no threat to public health or the environment, and will permit a full and efficient determination of
all claims against all parties.
Notably, rather than including an additional count to the pending Complaint in this
action, the State decided to try its hand in the Circuit Court, and last December filed an
enforcement action against CLC and the City in Grundy County, seeking injunctive relief
. After
listening to the evidence presented at the April 11, 2007 hearing on the State's request for
preliminary injunction, Circuit Court Judge Robert C . Marsaglia rejected the State's request,
explaining
:
I don't feel any sense of urgency to push the preliminary injunction . . . I'm
looking at [trying the case] maybe, you know, this summer or fall
. . . And I'm -
you know, again, frankly I'm basing this decision based on what I have read and
heard up to now, which doesn't tell me that this is a real emergency today or next
week.
3
70524545v1 806289
(See Exhibit B, Transcript of April 11, 2007 eroceedings in Case No . 06 CH 184 before
Judge Masaglia of the Circuit Court of the 13` Judicial Circuit, pp
. 12-14) .
Again, because the landfill in this case presents no imminent threat to human health or to
the environment, the State's motion should be denied .
The testimony of Edward Pruim
is vital to the fact-finding process, and a fair hearing
cannot occur without it .
As has been acknowledged by the Board and the parties, Edward Pruim is a shareholder
and financial official of CLC, and he participated in management decisions at the Landfill during
the relevant timeframe . Mr. Pruim's testimony is therefore vitally necessary to illustrate which
responsibilities were placed on CLC, what the City's role was with respect to Landfill
operations, and why the parties found themselves in the present situation . In the Board's Order
of October 3, 2006, the Board concluded that it is "imperative
that Edward Pruim, as a financial
officer of CLC, be present at the hearing and available to testify." (Board's Order of October 3,
2006
at
4) . (Emphasis added) . The City concurs with the Board that Mr . Pruim is a vital
witness, and, likewise, asserts in the strongest terms that without this evidence the City cannot
adequately defend itself against the State's allegations .
The necessity of Edward Pruim's testimony at the hearing has already been considered
and decided by the Board, and the vital nature of his testimony has not changed . Inasmuch as a
continuance to accommodate Pruim's recovery time poses no threat to human health or the
environment, the Board should deny the State's motion, and continue this matter for several
more months until Pruim is able to appear and testify.
Severance of the claims against the City and CLC would be inefficient and unfair to the
Respondents
The Board has already rejected the idea of severing the claims against CLC and the City,
and of holding two different hearings to separately consider the identical allegations the State has
4
70524545v1 806289
lodged against each entity . In the Board's Order dated March 15, 2007, the Boat
I
observed that
"conducting two hearings on the same violations concerning the same parties and same facility
would waste the resources of the Board and all of the parties involved ." (Board's Order of
March 15, 2007 at 4) (Emphasis added). That conclusion is as true today as it was eight weeks
ago.
Moreover, and again, as the State has offered no tangible evidence of "deteriorating
conditions" at the landfill, the Board should therefore deny the State's attempt to sever the claims
on the grounds of administrative economy .
Depriving the City of an opportunity to examine Pruim
would violate the principles of
fundamental fairness .
It is axiomatic that the very essence of constitutional due process is based on the concept
of fundamental fairness . At a minimum, fundamental fairness requires a fair hearing on all the
facts before a fair tribunal
.
See e.g
. Van Harken v . City of Chicago, 305 I11 .App.3d 972 (1" Dist.
1999) . This standard is only met where the hearing is conducted in a manner that is "suitable
and proper to the nature of the determination to be made and conforms to fundamental principles
of justice ." Petersen v. Chicago Plan Comm'n of the City of Chicago,
302 Ill.App.3d 461, 466
(1" Dist . 1998) . (Emphasis added) . A fair hearing includes the opportunity to be heard, the right
to cross examine adverse witnesses, and impartial rulings on the evidence
. Daly v. Pollution
Control Bd., 264 Ill.App .3d 968, 971 (1 s` Dist. 1994) (quoting Abrahamson v. Illinois Dept, of
Professional Regulation, 153 Ill .2d 76 (1992)) .
Here, the Board has already acknowledged that Pruim is a vital witness whose presence
at the hearing is imperative . From the City's perspective, it cannot receive a fair hearing if it is
prevented from adducing crucial evidence, and is unable to examine Pruim concerning the
actions and responsibilities of CLC versus those of the City
. Without such evidence, the City is
severely handicapped in terms of defending against the State's allegations and, in addition, the
5
70524545v 1 806289
Board would be denied access o evidence that is needed to fairly and fully weigh the factors set
forth in 33(c) and 42(h)
. The Board should therefore deny the State's motion and continue the
hearing until such time as Pruim has fully recovered from his heart surgery
.
CONCLUSION
The State's renewed motion is not brought in response to a threat to human health or the
environment. Rather, the State's motion seeks to rush forward with a truncated hearing at which
only part of the evidence could be presented
. The necessity of Mr . Pruim's testimony in the
evaluation of the factors set forth in 33(c) and 42(h)
; the City's right to examine Pruim and
adduce evidence of his acts and omissions ; and the waste of administrative resources that would
attend severance of the claims against CLC and the City, has not changed during the eight weeks
since the Board entered its March 15, 2007 Order . To move forward with a hearing absent
needed material testimony from Edward Pruim, whether jointly against both CLC and the City,
or separately against the City only based on severance of claims, would deprive the City of the
right to present vital evidence this Board needs to properly apply and consider the factors set
forth in 3 3(c) and 42(h) .
This Board has consistently held that for its own benefit (as well as the benefit of each
party to such an action), a complete and full hearing on all relevant evidence should be
conducted, and that the needs of all parties for a complete and full hearing should be satisfied
.
The basic precepts of fundamental fairness established by this Board require nothing less
.
WHEREFORE, the City of Morris respectfully requests that the Board deny the State's
Renewed Motion to Set matter for Hearing or Alternatively for the Severance of Claims
.
6
70524545v1 806289
Dated:
5//7/67
Respectfully submitted,
CITY OF MORRIS, an Illinois Municipal
Corpo
of iidant
Charles F . Helsten
Hinshaw & Culbertson LLP
100 Park Avenue
P.O . Box 1389
Rockford, IL 61105-1389
Phone: 815-490-4900
Fax : 815-490-4901
B :
SHAW & CUL
Ch
s At orn
7
70524545v1 806289
I
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
PEOPLE OF THE STATE OF ILLINOIS, ex )
ref
. LISA MADIGAN, Attorney General of the )
State of Illinois,
)
Plaintiff,
)
PCB No
. 03-191
(Enforcement Land)
v.
)
COMMUNITY LANDFILL CO
., an Illinois
)
Corporation, and the CITY OF MORRIS, an
)
Illinois Municipal Corporation,
)
Defendants .
)
AFFIDAVIT OF DEVIN MOOSE
I, DEVIN A
. MOOSE, being first duly sworn on oath, do depose and state as follows
:
1 .
I Devin A. Moose, P.E.,
DEE, am office director for the St . Charles, Illinois of
Shaw Environmental, Inc . ("Shaw") located at 1607
East Main Street, St . Charles, Illinois .
2 .
Since December
2004, the City of Morris has retained Shaw to review and
monitor the status of the Morris Community Landfill site, the landfill facility which is the subject
of this proceeding .
3 .
In that regard, I incorporate by this reference all sworn testimony previously
submitted (including, but not limited to, my deposition taken by the State of Illinois in August of
2006),
as well as all other sworn statements previously submitted in this matter
. In addition, I
incorporate certain affidavits which I have previously executed in Case No
: 06-CH- 184, entitled
People of the State of Illinois, ex rel
. Lisa Madigan, Attorney General of the State of Illinois,
Plaintiff v.
Community Landfill Company, an Illinois corporation and the City of Morris, an
Illinois Municipal Corporation,
Defendants, presently pending in the Circuit Court of the 13`
h
Judicial Circuit, Grundy County, Illinois
. Further, copies of those Affidavits I have previously
executed in that cause are marked Group Exhibit A, attached hereto and incorporated herein by
this reference .
70524937v1 806289
1
4
. Since December`of 2004 and to and including the present date, I have monitored
the physical condition of the Morris Community Landfill facility
. Based upon my investigation
and observations, it is my opinion that the facility poses no immediate or substantial threat to the
public health, safety, welfare or the environment .
5 .
Further, upon information and belief, it appears that the operator of the facility
continues to attempt to make repairs and/or upgrades to the gas collection system located upon
the facility, as well as other ancillary improvements to the site .
6.
Further, the affiant sayeth not .
Dated :
HAY I qA' 1o7
SUBSCRIBED and SWORN to
before me this
/ 0 ~ day of May, 2007.
Notary Public
"OFFICIAL SEAL"
LORRAINE M . DUNLAP s
0 Notary Public, State of Illinois
W cww iieq n expires 11 /20/07,
2
DEVIN
l y
A
. MOOSE
70524937v1 806289
STATE OF ILLINOIS
IN THE CIRCUIT COURT OF THE JUDICIAL CIRCUIT
COUNTY OF GRUNDY
PEOPLE OF THE STATE OF ILLINOIS, ex )
rel
. LISA MADIGAN, Attorney General of the )
State of Illinois,
)
Plaintiff,
)
No. 06-CH-184
v.
)
COMMUNITY LANDFILL CO., an Illinois
)
corporation and the CITY OF MORRIS, an
)
Illinois municipal corporation,
)
Defendants.
)
AFFIDAVIT OF DEVIN MOOSE
NOW COMES Devin A . Moose, being first duly sworn on oath, and does hereby
depose and state as follows :
1 .
My name is Devin A . Moose, P.E.,
I am Office Director for the St . Charles, Illinois office
of Shaw Environmental, Inc
. (Shaw), located at 1607 E
. Main Street, St . Charles, Illinois
60174
. Shaw Environmental is an international, multi-faceted engineering and consulting
business .
2.
As noted by my Curriculum Vitae, I am a Professional Engineer, as well as a Diplomat in
the American Academy of Environmental Engineers, with over twenty years of
experience in the area of geological, geoteclmical and environmental engineering,
Currently,
my practice focuses
on the siting, permitting,
construction/development/operation and closure of pollution control facilities (most
notably landfills), as well as on various remedial aspects of operation and closure of
pollution control facilities (again, most notably landfills)
. In addition, I have been
involved in the siting, permitting, and due diligence review of over forty (40) landfills
across the country
. I am a registered Professional Engineer in Illinois and nine other
"Group Exhibit A
to
Affidavit
of Moose"
70510681v1 806289
I
states, and I have been awarded the level of Diplomat by the American\kcademy of
Environmental Engineers (with emphasis in Solid Waste Engineering) . In addition, I
have participated in the development of various landfill regulations in the State of
Illinois .
3 .
With respect to the present case, I was retained in December of 2004 by the City of
Morris to undertake a comprehensive investigation and evaluation on an ongoing basis of
conditions at the Morris Community Landfill in Morris, Illinois, the permitted operator of
which is Community Landfill Company
.
4.
In my role as serving as Senior Project Manager for this site, I was responsible for
supervising the review of the entire IEPA operating record (which consisted of over ten
linear feet and thousands of pages of information) . After that review was completed,
Shaw personnel (including other professional engineers, professional geologist,
geological engineers and other licensed experts in the area of solid waste management),
working under my so prevision performed site inspections based upon Shaw's review of
the IEPA operating record and, based upon those site inspections, developed work plans
for characterization and evaluation of site conditions and possible corrective action
measures .
This effort by Shaw consisted in excess of 1,000 man hours, along with
performing over 10,000 groundwater and air monitoring tests over the past two years
.
5.
Based upon this review, Shaw began monthly monitoring of the perimeter below-grade
landfill gas probes previously installed in the Landfill by CLC in July of 2003
. Below-
grade landfill gas probes are used to determine if landfill gas is leaving the facility below
grade.
Based upon Shaw's review of the IEPA regulatory file on this matter, field
inspections and investigations, numerous analytical and test results, and my professional
2
70510681v1 806289
r
knowledge and experience, while the landfill gas being generated at the Morris
Community Landfill is a concern that requires additional investigation and ongoing
remedial attention, it does not present an immediate or substantial threat to the human
health, welfare of safety, or to the environment .
6.
Further, during the course of my in-depth, extensive involvement at this site over the
course of the past two years, I have not been made aware of any complaints of headaches,
nausea, increased asthmatic reactions, or other adverse health complaints received from
residents in the vicinity of the Landfill
.
7.
In addition, site access is restricted from non-landfill employees by a secured fence
. This
restriction prevents the public from directly contacting any landfill gas generated from
the facility.
8.
1 have reviewed in detail both the State's Verified Complaint and the State's Motion for
Temporary Restraining Order and Preliminary Injunction, as well
as all attachments
thereto,
9.
While based upon a October 18, 2006 site inspection of the Morris Community Landfill,
Mr
. Matthew Cookingham, an JEPA Environmental Protection Engineer states in his
affidavit that
: "A strong, noxious odor characteristic of gas was present near the entrance
to the Landfill, and within fifty yards of Ashley Road .", Mr
. Cookingham fails to provide
either the direction of wind, and the speed of wind at the date and time of his
observations. Both of these factors are critical in determining the source of the odor in
question
. Moreover, within 1,000 feet of the entrance to the Moms Community Landfill
site is the landfill gas treatment facility for the EnviroTech Landfill (an active regional
landfill which is located directly North of Morris Community Landfill)
. Again, because
3
70510681v1 806289
wind direction was not noted by Mr . Cookingham affidavit during his October 18, 2006
inspection, the odor characteristic of landfill gas which he notes could have emanated
from the EnvrioTech Landfill .
10. In addition, there is a lack of residential, commercial and industrial development adjacent
to the Landfill and, as such, landfill odor would not interfere with the enjoyment of life or
property of the public in this area, or otherwise harm local businesses as the Complaint
alleges. Moreover, based upon my two years of in-depth, extensive involvement at this
site, I am unaware of any complaints made by any member of the public or any business
as to the Landfill interfering with enjoyment of life, property or commercial endeavor in
the area.
11 . While submission of required records in accord with federal and state regulations is
important to: 1) demonstrate ongoing compliance with all applicable environmental
regulations, and 2) aid in the monitoring of conditions at sites such as the landfill in
question, failure to submit these records does not constitute an immediate or substantial
threat to the human health or the environment .
12
. In addition, readings for landfill gas within parameter, below-grade landfill parameter
probes has varied (both up and down) since June of 2005, indicating that the below-grade
landfill gas concentrations are not increasing . Moreover, the most recent test results for
landfill gas and parameter landfill gas probes (conducted on December 11, 2006) indicate
that no probes have greater than 50% of the LEL (Lower Explosive Limit) for methane .
This is significant because the LEL is the percentage of methane within the air that could
cause explosion and thereby a potential threat to the human health and safety. A copy of
these test results are attached hereto as Exhibit B .
4
70510681v1 806289
1
13.
In addition, the Complaint filed in this matter alleges that the Landfll has failed to
operate each gas extraction while at a temperature below 131° F, and with nitrogen levels
below 20% and oxygen levels below 5%
. Shaw is not aware of any quantitative testing
that has been performed by the operator, IEPA or any other entity to demonstrate this fact
.
14.
In addition, the Complaint alleges that the gas collection system has not been operated in
a way so that surface methane concentrations remain below 500 ppm above background .
Again, Shaw is not aware of any quantitative testing that has been performed by the
landfill operator, IEPA or any other party to demonstrate the surface methane
concentrations have ever exceeded 500 ppm above background
.
15
.
Based upon all of the above, and, in summary, it is my professional opinion that the
conditions noted by the State in its Complaint and Motion for Temporary Restraining
Order and Preliminary Injunction do not constitute a present, and immediate or imminent
and substantial or material threat to the human health or the environment, and that any
such conditions can be more than adequately addressed by routine corrective action
measures called for by state and federal regulations governing the landfill in question
.
Dated:
By:
Devin A. Moose
SUBSCRIBED and SWORN to
before me this day of December, 2006
.
Notary Public
5
705106810 906289
Director
St. Charles, IL
Professional Qualifications
As Director, Mr . Moose is
responsible for
overall administration and technical review for all
environmental permitting projects, planning studies and remediation projects for the St. Charles Office .
He supervises the planning, design and permitting of solid waste disposal facilities, including landfills,
transfer stations, recycling processing centers and composting facilities
.
Mr
. Moose also directs the
development and implementation of regional solid waste management plans and manages
the
engineering and hydrogeological analyses for design of remediation projects, solid waste landfills,
containment features, UST and LUST projects, dry cleaner sites, brownfield redevelopment projects,
groundwater monitoring systems, foundations, pavements, retaining walls, and slope stability analysis
.
Mr . Moose supervises the development of engineers' cost estimates, economic impact studies and facility
business plans ; provides contract negotiation expertise for host community agreements, solid waste
facility development and operating contracts ; performs public presentations for solid waste plans and
solid waste facilities ; and provides expert witness testimony .
Education
B .S., Civil Engineering, University of Missouri-Rolla
Registrations/Certifications
•
Registered Professional Engineer, Illinois, Wisconsin, Iowa, Indiana, Arizona, Ohio, New Mexico,
Minnesota, and Missouri
•
Diplomat of the American Academy of Environmental Engineers
Experience and Background
Total years of related experience : 23
Joined Shaw in 1996
Key Experience
•
Supervised the development, completion and initial implementation of solid waste management
plans for over 50 counties representing more than 7 million people. The needs assessment
components of the plans included determining existing and future waste generation and recycling
rates, and conducting curbside weighing programs and waste composition studies
. The solid waste
management plans included extensive evaluation and design of waste minimization and recycling
programs . Final reports included evaluation of alternate disposal technologies and recommendation
of a final integrated system for future solid waste management . The plans have received awards
from the American Planning Association and the Consulting Engineers Council .
I
Devin A
. Moose, PE., DEE
Davin A . Moose
.P.E .,DEE
Page 2
•
Directed development of economic performance studies for solid waste facilities including
landfills,
recycling centers, transfer stations, collection vehicles,
construction demolition debris recycling
facilities, and recycling drop-off facilities .
Analyses included waste stream analyses, market area
assessments, system construction cost estimates,
operating cost estimates, and calculation of
financing costs .
System studies included review of existing solid waste facilities, analyses and
recommendations for improvement as well as comprehensive waste audits .
Preparation of supporting data and participation in contract negotiations for solid waste facilities .
Scope of work included host community benefit agreements, negotiation of special
conditions for
landfill and transfer station siting approval, contracts for construction
and operation of waste and
recycling facilities, drafting local ordinances
governing
landfills and transfer stations, as well as other
solid waste related facilities .
•
Supervised development of comprehensive
local, state and federal permit applications for
construction of landfills, balefills, and compost facilities
. Siting and permitting activities include
facility design and analyses, preparation of operating and closure plans, and interaction with
permitting agencies, elected officials and members
of the public. Supervised development of
engineering due diligence reports for landfill acquisitions.
Provided expert witness testimony and
assists units of local
government
reviewing facilities for compliance with applicable regulations,
supervised remedial action plans for numerous landfill facilities
.
Supervised the development of comprehensive local,
state and federal permit applications for
construction of transfer stations, recycling facilities, and
recycling drop-off centers .
Siting and
permitting activities included facility design, site layout, equipment specification,
time-motion study,
expert testimony, and preparation of operating and accident prevention plans
. Assisted units of local
government reviewing facilities for compliance with applicable
regulations . The transfer station
facilities have received awards from the Consulting Engineers Council, the American Public
Works
Association, and the American Society of Civil Engineers
.
•
Managed geotechnical and hydrogeological analyses for design of solid waste landfills, containment
features, groundwater monitoring systems, foundations, pavements,
retaining walls, dewatering
systems, slope stability analysis, monitoring well
construction, field permeability testing and
groundwater modeling
.
•
Managed the development of site locations studies for regional solid waste
facilities and recycling
centers
. Studies included transportation analyses, development of siting criteria,
public consensus
building and site identification
.
•
Expert testimony on solid waste related facilities and studies .
Expert witness testimony experience at
over 45 proceedings
. Development of public education programs, including information
booklets,
videos, power point presentations, graphics, public presentations, and field trips
.
•
Overall division manager providing construction quality control/quality assurance and materials
testing
. Trained nuclear density device and windsor probe operator .
Certified by Illinois Department
of Transportation in bituminous and Portland cement concrete proportioning, documentation,
bridge
structure foundations and traffic safety in construction zones .
Experienced in Subtitle D landfill
QA/QC procedures, including geomembranes,
test liners, boutwell and sealed double-ringed
infiltrometers
. Significant experience in dewatering and geotechnical related construction
projects .
Devln A. Moose.P.E.,DEE
Solid Waste Manavenent Planning
Boone County Iowa
Carroll County
Central Illinois Municipal Joint Action Agency
City of Freeport
Coles County Regional Planning Comm
.
Crawford County
DeKalb County
DeWitt County
DuPage County
East Central Solid Waste Commission
Grundy County
Henry County
JoDaviess County
Landfill Desien,Permittingand Due Dilivence
Amoco Chemical Landfill
Belvidere Municipal Landfill No .2
Benton County
Brickyard Disposal Landfill
CC Landfill
Clinton Landfill
Coles County Landfill
Congress Development Landfill
Community Landfill
Davis ]unction Landfill
Five Oaks Landfill
Greene Valley Landfill
Herrin Municipal Landfill
H&L Landfill
Kankakee Regional Landfill
Lake County C & D
LandComp Corporation Landfill
Land & Lakes 122nd
Street
Lawrence County Disposal Centre Inc .
Lee County Landfill
Livingston Landfill
Los Alamos County
Mallard Lake Landfill
}
Pans 3
•
Managed site investigations and regulatory compliance activities for numerous UST and LUST
projects and over 35 drycleaner site investigations and site closures
. Overall responsibility for over 12
municipal brownfield redevelopment projects .
•
Project officer for development of Exelon Nuclear's Excellence Plans
. Project included site
inspections and evaluation to determine the gaps in the environmental compliance programs of all
Exelon Nuclear facilities, as well as the Kennett Square and Warrenville Corporate offices
. In
addition, gap analyses and environmental excellence plans for each of these nuclear facilities and
corporate offices, were developed
.
Selected Project Experience
Kankakee County
Lawrence County
Lee County
Livingston County
Los Alamos County
Mason County
Menard County
Ogle County
Richland County
Solid Waste Agency of N . Cook County
West Central Illinois Regional Solid Waste Consortium
Will County
Marathon Oil Landfill
Midway Landfill
Morris Community Landfill
Newton County Landfill
Northwest Cook County Balefill
Pheasant Run Landfill
Prairie Hills Landfill
Rhodes Landfill
Rochelle Landfill
Rochelle Waste Disposal
Saline County Landfill
Sangamon Valley Landfill
Settlers Hill Landfill
Spoon Ridge Landfill
Streator Area Landfill
Taylor Ridge Landfill
Tazewell RDF Landfill
Various Permit Application Reviews for the
City of Chicago
Department of Environment
Willow Ranch Landfill
Winnetka Landfill
Woodland II Landfill
Davin A . Moose. P.E., DEE
Transfer
Station/MRFDestpn/Perrnittin¢/Reviews
City of Batavia
Brooks Transfer
Calumet (Liberty) Transfer
Carroll Street Transfer Station
Chicago Disposal Transfer Station
Clearing Disposal Transfer Station
Cloverleaf Transfer Station
Crown Disposal MRF/Transfer Station
Crystal Lake Transfer Station
DuKane Transfer Station
DuPage Co . Recycling Drop-off Centers
DuPage Yard Waste Facility
City of Freeport Transfer Station
His Street Station Transfer Station
Bluff City Transfer Facility
Evanston Material Recovery Center
Fullerton Station Transfer Station
Greenwood Transfer Facility
Northlake Transfer
Nrdroaeoloxic/Geotechnicallnvestigations
Belvidere Municipal Landfill No. 2
Brickyard Disposal Landfill
Burr Ridge Park
CC Landfill
Chicago Deep Tunnel Project
Danville Landfill
Five Oaks Landfill
Henin Municipal Landfill
Kankakee Regional Landfill
LandComp Corporation Landfill
Lee County Landfill
Regional Site Location Studies
Northern Cook County
DuPage County
Economicand PerformanceStudies
Brickyard Disposal Pro Forma
Business Plan, Private Transfer Station
DuPage County Drop-off Centers
Essex Windsor
Evanston MRF Business Plan
Groot Industries Transfer Station/MRF
LandComp Corporation
Los Alamos County
Little Calumet Borrow Area Investigation
Livingston Landfill
Marathon Oil Landfill
Newton County Landfill
New Milford Landfill
North-South Tollway
Northwest Cook County Balefill
Rhodes Landfill
Saline County Landfill
Streator Area Landfill
Kane County
Will County
Nord MRF Business Plan
Northwest Cook County Baleful
Regional Disposal Project
SWANCC Transfer Station No
. I
Solid Waste Authority Balefill Feasibility Analysis
West Cook County Solid Waste Agency
Wheeling Township Transfer Station
Will County Arsenal Site
Page 4
Groot Industries MRF/Transfer Station
Homewood Disposal Transfer Station
Loop Transfer Station \ 64' Street
Loop Transfer Station \ Laflin
City of Metropolis Transfer Station
Midtown (Roving) Transfer Station
Midwest Compost Transfer Station
Norton Mixed Waste Processing Facility
Onyx Batavia Transfer Station
Onyx Evanston Transfer Station
Planet Recovery (National)
Rolling Meadows Transfer Station
Speelman Transfer Station
West DuPage Transfer Station
Wheeling Township Transfer Station
Los Alamos
Various Permit Application Reviews for the City of Chicago
Department of Environment
Devin A. Moose,P.E. .DEE
Contract Nezotiation and Procurement
Bond County Landfill Siting Review
City of Batavia Host Community Agreement
City of Chicago Dept, of Environment
Rules and Regulations
City of Freeport Contract Procurement
City of Freeport Hauling Lease and Host Agreements
Coles County Landfill Siting Review
Crystal Lake Transfer Station
DeWitt County Host Community Agreement
Douglas Co . Waste Disposal Agreement
Greenwood Transfer Facility
Henry County I lost Community Agreement
Jackson Co
. Host Community Agreement
Jackson Co . Landfill Siting Review
Land Purchase Negotiations for Wheeling
Township Transfer Station
Village of Lyons Annexation Agreement
Expert Testimonv and Public Education
BFI Davis Junction Landfill
Barrington Composting Facility
BelvidereBoone County Newsletter
Benton County Landfill
City of Freeport
D&L Landfill
DuKane Transfer Station
Ellis Street Station
Bluff City Transfer Facility
Greenwood .Transfer Facility
Groot Industries Transfer Station
Illinois Recycling Association Waste Audit
and Source Reduction Manual
Jackson County Landfill
and Source Reduction Manual
Kankakee Regional Landfill
Iowa DNR
Construction Oversight /Material Testing
Brickyard Disposal
Burr Ridge Office Park
Highland Green Subdivision
H .J . Thomas Memorial Hospital
Northwest Community Hospital
Pinebrook Subdivision
Rush, Presbyterian, St . Luke's Hospital
Brownfreld Projects
Alcoa
City of Chicago
City of St . Charles
City of Woodstock
Village of Broadview
Village of Crete
City of Dixon
City of Hoopeston
Village of Justice
LaSalle Co
. Host Community Agreement
Lawrence Co . Host Community Agreement
Lawrence Co. Landfill Siting Review
Lee Co . Landfill Ordinance
Livingston Co . Host Community Agreement
Livingston Co . Landfill Siting Review
Livingston Co . Landfill Ordinance
Ogle Co . Host Community Agreement
Ogle Co
. Landfill Siting Review
Ogle Co . Landfill Ordinance
Operating Contract for Wheeling Township
Transfer Station
Richland Co
. Host Community Agreement
West Cook Co . Solid Waste Agency Regional
Disposal Project
Will County Landfill Siting Review
Lake County C & D Facility
LandComp Corp . Information Booklet
Lawrence County Disposal Centre
Lee County Landfill
Newton County Landfill
Northwest Cook County Balefill Video
Onyx Batavia Transfer Station
SWANCC Transfer Station No . I
SWANCC Waste Audit Manual
Streator Area Landfill
Bahamas Ministry of Health
West Cook Co . Regional Disposal Project Brochure
Wheeling Township Transfer Station
Will County Siting Study
Willow Ranch Landfill
Sherman Hospital
St. Charles Road Improvements
St. Luke's Hospital
Swedish Covenant Hospital
Washington Street Improvements
Woodland H Landfill
York Road Improvements
City of Mendota
Village of Palatine
Village of Skokie
Walsh Development
Will County
Village of Wheeling
Vilage of Lombard
Village of Roselle
Village of Bellwood
Page 5,
Devln A .Moose .P.E.,
DEE
} Page 6
Yazoo Landfill
Village of Brookfield
Village of Schaumburg
Professional Affiliations
•
American Academy of Environmental Engineers
•
American Society of Civil Engineers
•
Solid Waste Assoc . of North America
•
National Society of Professional Engineers
•
National Solid Waste Management Association
Illinois Society of Professional Engineers
•
Association of Engineering Geologists
•
National Groundwater Association
Illinois Recycling Association
Illinois Counties Solid Waste Management Association
Publications &
Professional Association Presentations
"Effects of Sampling Disturbance on Shear Strength of Glacial Till and Compacted Fill," Dietzler, D .
P ., Moose, D .A., and Schuh, J. C ., Advanced Triaxial Testing of Soil and Rock, ASTM
STP 977, Robert T .
Donaghe, Ronald C . Chaney, and Marshall L . Silver, Eds ., American Society for Testing and
Materials, Philadelphia, 1988, pp . 628-641 .
"Transfer Station Practices : Transfer Station Workshop Part 1 : Pros & Cons of Building Your Own,"
Invited Session Speakers
: Devin Moose, Envirogen
; Steve Taylor, Republic Services, Inc . Waste Expo,
2003
1
1
Morris Community Landfill
Gas Probe Monitoring
Sample Date
. December 11, 2006
Technician
: R . Guzman
Noiee,
Gas probes are monitored on a monthly
vie
'oft
Probe
ID Pressure
CH,
( % by vol.) r(%
_
EL)
I
CO,
(eG by vol.)
0,
(% by vol.)
9a lance
(%b vol .
Inspecibn
of (4r rrub
X101
0 .0
0 .0
0 0
0 .7
17 .0
823
Yes
i X102
0 .0
0 .0
0 .0
0 .0
10 .6
814
Yes
X103
0.0
0.0
0.0
2.0
170
81 .0 1
Yes
_ X104
0
.0
0 .0
0
.0
2 .6
15 .9
81 .5
Yes
X105
0 .0
0 .0
0 .0
0.0
_
19 .7
813
Yes
X106
0 .0
0.0
0 .0
0 .0
18 .5
81 .5
Yes
X107
0 .0
0 .0
0 .0
07
17 .8
81
.5
Yes_
X108
0 .0
00
0 .0
0 .0'
18 .6
81 .4
-- yes
X109
0 .0
00
0 .0
0 .0
18 .7
81 .3
Yes
X110
0 .0
0 .0
00
0 .9
17 .4
81 7
Yes
X111
0
.0
0 .0
0 .0
00
18 .8
81 .2
Yes
X112
0 .0
0.0
0 .0
0 .0
18 .8
81 .2
Yes
x113
00
0 .0
0 .0
0 .2
18 .2
816
Yes
X114
00
0 .0
0 0
0
.0
18 .8
81 2
Yes
X115
00
0 .0
0 .0
0 .0
18 .8
812
Yes
Xi16
0 .4
1 .0
20 .0
6 .4
9 .2
83 .4
Yes
X117
0
.2
0.0
0 .0
0 .4
18 .5
811
Yes
X118
0 .0
0 .0
0 .0
10 .9
12 .9
762
Yes
X119
0
.0
0 .0
0 .0
2,2
16 .9
80
.9
Yes
X120
0 .0
0 .0
0 .0
3.5
16 .9
79 .6
Yes
X121
0
.0
0 .0
0 .0
2 .9
15 .9
_ 812
Yes
X122
_
0 .0
0
.0
0 .0
0 .0
199
81 .2
Yes
X123
0 .0
0
.0
0 .0
0 .0
18 .8
812
-
Yes _
X124
0 0
0 .0
0 .0
0 .0
18,8
81.2
Yes
X125
00
0 .0
0.0
6 .2
14 .5
79 .3
_
Yes
X128
0 .0
0 .0
0 .0
0 .0
18 .8
81
.2
Yes
X127
0.0
0.0
00 ,
00
18 .7
913
Yes
X128
6 .6
0 .0
0 .0
12
15 .1
131 7
Needs weep •~
IN THE CIRCUIT COURT OF THE THIRTEENTH JUDICIAL CIRCUIT
GRUNDY COUNTY, ILLINOIS
PEOPLE OF THE STATE OF ILLINOIS, ex
)
rel
. LISA MADIGAN, Attorney General of the )
State of Illinois,
)
Plaintiff,
)
Case No . 06 CH 184
v.
)
COMMUNITY LANDFILL CO ., an Illinois
)
Corporation, and the CITY OF MORRIS, an
)
Illinois Municipal Corporation,,
)
Defendants .
AFFIDAVIT OF DEVIN A .MOOSE
NOW COMES Devin A
. Moose, being first duly sworn on oath, and do hereby depose
and state as follows :
1 .
I reassert and incorporate by this reference the matters contained in my Affidavit
of December 15, 2006 .
2 .
That I have reviewed State's Motion to Compel Compliance with the December
15, 2006 Order of this Court .
3 .
While methane gas well testing is routinely performed at landfill gas extraction
well systems, that testing is not be performed until the system in question has been fully
evaluated and made fully functional and operative, so that : 1) no threat to the safety of workers,
or the public arises, and 2) meaningful test data can be gathered for further evaluation
.
4.
Based upon my knowledge of the present condition of the landfill gas extraction
well system located at the Morris Community Landfill, it appears as if the methane gas
extraction well system is only partially operational as described in Shaw's report "Landfill Gas
Collection System - Parcel B Evaluation Report," dated April 2006
. Again, this being the case,
only marginal information could be derived from operation of the system and, moreover,
70515893v1806289
I
operation of the system in its present condition could present threhts to the safety of those
conducting such tests .
5 .
In my professional opinion, attempting to gather samples from the system prior to
the system undergoing a complete evaluation (to ensure the system is not experiencing breaches,
pressure gaps, etc .) would serve no meaningful purpose .
FURTHER
he Affiant say not .
SUBSCRIBED and SWORN to
before me this
/3'4 day of February, 2007
.
Notary Public
V ~S v
OFFICIAL SEAV
LORRAINE M
. DUNLAP t
a
Notary Public, Stath of Illinois
t My commission
expires 11 /20/07
2
)0515893 5893v1806289
05/14/2007
16 :46
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941-4677
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SCOTT M BELT & ASSOC
I
PAGE 03
1
IN
THE CIRCUIT COURT OF THE 13TH JUDICIAL CIRCUIT
GRUNDY COUNTY, ILLINOIS
NO . 06 CH 184
PEOPLE OF THE STATE OF ILLINOIS, )
ex rel . LISA MADIGAN, Attorney
)
General of the State of Illinois,
)
Plaintiff,
)
)
COMMUNITY LANDFILL CO ., an
)
Illinois Corporation, and the )
CITY OF MORRIS, an Illinois
)
Municipal Corporation,
)
Defendants .
)
EXCERPT OF REPORT OF PROCEEDINGS had in
the above-entitled cause on April 11, 2007, in
the Circuit Court of Grundy County, before the
Honorable Robert C . Marsaglia, presiding Judge .
APPEARANCES :
Mr . Christopher J . Grant
Ms . Jennifer A . Tomas
Assistant Attorneys General
appearing on behalf of the Plaintiff ;
Ms . Clarissa Cutler Grayson
Attorney at Law
appearing on behalf of Community
Landfill Co ., one of the Defendants ;
Mr . Scott M . Belt
Mr . Charles F
. Helsten
Mr . Richard S . Porter
Attorneys at Law
appearing on behalf of the City of
Morris, one of the Defendants
.
Connie J
. Hil.legass, CSR .
Official Court Reporter
Illinois License No
. 084-001612
EXHIBIT -
1
05/14/2007 16 :46
815-941-4677
SCOTT M BELT & ASSOC
PAGE 14
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the immediacy is and really coming back down to
the practicality of it, what
--
you know, when -
when would we be trying this case? If we could
do it this summer or fall, based on what I have
heard so far, I don't feel any sense of urgency
to push the preliminary injunction, frankly, if
we could get it done in a reasonable
-- get the
whole case done in a reasonable amount of time .
And by reasonable amount of time, I'm looking at
maybe, you know, this summer or fall .
And I
guess I'm not -- it sounds like I'm trying to
negotiate a ruling, and maybe I am a little
.
T
don't know
.
MR . BELT :
Judge, if I could just weigh in
.
THE COURT : Sure .
MR . BELT
: And I know Mr
. Helsten touched on
this, but I just want to confirm and make sure
that it's in the record where we talked about the
City's --
City Council's willingness to
contribute funds to get the flare system
functional
.
There was an addendum that was
prepared that was presented to the City Council
on April 2nd to the underlying Shaw LFG CLC
agreement, and that was approved
. And all that
12
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SCOTT M BELT
& ASSOC
PAGE 15
i
I
really says is that the City agree to provide
funding up to $20,000 to get that flare system
--
THE COURT :
That portion of the flare
system --
MR . BELT :
That portion of it functional
.
THE COURT : And that's why I asked the
question,
and I wasn't -- for the record, I'm
not trying to pin anybody down .
I was just
trying to properly
-- I should have asked
probably in chambers, but trying to properly
remember --
and I do recall now that is exactly
what you said back in January or December, so
--
MR . BELT : And that was unanimously approved
by City Council on April 2nd
.
THE COURT
:
Okay .
Well, given all of that,
given everything .i heard yesterday, given what's
happened here today, I am going to deny the
request for a preliminary injunction at this
point and ask that we do a case management
conference order -- a case management order now
on the remaining relief with an eye towards
getting this case tried late summer, early fall,
something like that .
And obviously, you know, if
13
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SCOTT M BELT & ASSOC
PAGE 16
I
so'm'ething
changes, if
there's a change out there
and all of a sudden there's, you know,
complaints, neighbors' complaints of gas and all
of that, you can
--
I don't think this would be
any --
hold any kind of prejudice to a new
petition, a new TRO or a
--
if there's a new
problem or a sudden increase in problem
. And
I'm --
you know, again, frankly I'm basing this
decision based on what I have read and heard up
to now, which doesn't tell me that this is a real
emergency today or next week
.
It's going to be
though .
It sounds like maybe it's going to be
.
MR . PORTER
: Your Honor, do you want to give
counsel and I --
THE COURT : Yeah, I'll give you some time,
because I just don't have a handle on what you
need to do, so I don't want to force a case
management order down your throat .
See if you
can, you know, come up with, you know, what you
need for your written discovery . You know who
you're going to have, who needs to be deposed .
And I have no idea whether you have out-of-area
witnesses or experts or anything like that_
MR . PORTER :
Do you want to do it right now,
:4
AFFIDAVIT OF SERVICE
The undersigned, pursuant to the provisions of Section 1-109 of the Illinois Code of Civil
Procedure, hereby under penalty of perjury under the laws of the United States of America,
certifies that on May 17, 2007, she caused to be served a copy of the foregoing upon
:
A copy of the same was enclosed in an envelope in the United States mail at Rockford, Illinois,
proper postage prepaid, before the hour of 5
:00 p.m
., addressed as above.
HINSHAW & CULBERTSON
100 Park Avenue
P.O. Box 1389
Rockford, IL 61105-1389
(815) 490-4900
46
0
of
70415200v1 806289
Mr. Christopher Grant
Assistant Attorney General
Environmental Bureau
100 W
. Randolph St
., 11th Fl .
Chicago, IL 60601
Mark LaRose
Clarissa Grayson
LaRose & Bosco, Ltd .
200 N
. LaSalle, Suite 2810
Chicago, IL 60601
Ms
. Dorothy Gunn, Clerk
Pollution Control Board
100 W
. Randolph, Suite 11-500
Chicago, IL 60601
Bradley Halloran
Hearing Officer
Pollution Control Board
100 W. Randolph, Suite 11
Chicago, IL 60601
Mr. Scott Belt
105 East Main Street
Suite 206
Morris, Illinois 60450
