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ILLINOIS POLLUTION CONTROL BOARD
August 24, 2007
AMERICAN BOTTOM CONSERVANCY
and SIERRA CLUB,
Petitioners,
v.
CITY OF MADISON, ILLINOIS, and
WASTE MANAGEMENT OF ILLINOIS,
INC.,
Respondents.
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PCB 07-84
(Third-Party Pollution Control Facility
Siting Appeal)
HEARING REPORT
On August 23, 2007, a hearing in this matter was held at the Madison County
Administration Building in Edwardsville, Illinois. Attorney Bruce Morrison appeared on behalf
of the petitioners. Attorney John Papa appeared on behalf of the City of Madison, and attorneys
Don Moran and Penni Livingston appeared on behalf of Waste Management of Illinois, Inc.
(WMII)
.
Witness Credibility
1 witness testified during the hearing:
Ms. Kathy Andria
Based upon my legal judgment, experience, and observations at hearing, I find that the
credibility of witness is not an issue in this matter.
Exhibits
Petitioners moved to admit certain exhibits that are already contained in the
administrative record. Documents labeled as ABC Exhibits 1-7 contain general background
information, and ABC Exhibit 8 contains photographs and maps of the site. At hearing,
respondent WMII pointed out that these documents were referred to as “Andria” exhibits during
the City’s public hearings, and voiced concern that it would be confusing to now refer to them as
ABC exhibits. The hearing officer subsequently checked the City’s amended index of
documents and the administrative record. While the City hearing transcripts refer to the
documents as “Andria” exhibits, the documents are labeled as “ABC” exhibits, and appear as
such in the City’s amended index of documents. The hearing officer advised petitioners that it
was not necessary to admit the exhibits into evidence since they are already part of the
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administrative record. However, the exhibits were filed with the Board, and the corresponding
page number of the record is provided in the exhibit list attached to this order.
Petitioners’ exhibit 9 contains pages from the administrative record of PCB 01-59
pertaining to the vertical expansion of the Milam landfill in Fairmont City. Respondents
objected on the grounds of relevance. Exhibit 9 was accepted as an offer of proof, but was not
admitted into evidence.
Petitioners’ exhibit 11 consists of notes from John Kelly. Respondents objected due to a
lack of foundation and potential unreliability of the document. Exhibit 11 was accepted as an
offer of proof, but not was admitted into evidence.
Respondent City of Madison offered two exhibits into evidence. Exhibit 1 is the former
city ordinance establishing procedures for pollution control facility site requests. Exhibit 2 is a
receipt ledger from the City Clerk’s office. Petitioners did not object to either document.
Accordingly, the documents were admitted.
Respondent WMII made an offer of proof of a letter from the Illinois Historic
Preservation Agency to rebut a line of questioning at hearing that was allowed as an offer of
proof.
A list itemizing the offered exhibits and summarizing their status is attached to this order.
Briefing Schedule
The transcript is due by August 28, 2007. Petitioners brief is due by
September 18, 2007. Respondents’ brief is due by October 9, 2007. Petitioners’ reply, if any, is
due by October 12, 2007. The mailbox rule will not apply, although parties may file
electronically.
IT IS SO ORDERED.
_____________________
Carol Webb
Hearing Officer
Illinois Pollution Control Board
1021 North Grand Avenue East
P.O. Box 19274
Springfield, Illinois 62794-9274
217/524-8509
webbc@ipcb.state.il.us
PCB 07-84
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August 23, 2007 Hearing
Exhibit List
Exhibit
Description
Status
ABC Exhibit #1
Article entitled “Landfills Are Dangerous” See pp.
C1436-1444
of record
ABC Exhibit #2
Region Six Data Analysis
See pp.
C1446-1450
of record
ABC Exhibit #3
Madison County Bikeway Map and Trail
Guide
See pp.
C1536-1537
of record
ABC Exhibit #4
Horseshoe Lake State Park Brochure
See pp.
C1538- 1539
of record
ABC Exhibit #5
Info re: Cahokia Mounds Historic Site
See pp.
C1540-1543
ABC Exhibit #6
Cahokia Mounds Museum Society
Brochure
See pp.
C1544-1545
of record
ABC Exhibit #7
IL Historic Preservation Agency Cahokia
Mounds Brochure
See pp.
C1546-1547
of record
ABC Exhibit #8
Maps and Photographs of Site
See pp.
C0456-0457,
C0474-0475,
C0479-0481,
C0483 of
record
ABC Exhibit #9
Milam Landfill Vertical Expansion (PCB
01-59)
Not Admitted
ABC Exhibit #10
No exhibit 10 was offered into evidence
N/A
ABC Exhibit #11
Notes from John Kelly
Not Admitted
City of Madison Exhibit #1
Former City Ordinance re: Pollution
Control Facility Site Requests
Admitted
City of Madison #2
City Receipt Ledger
Admitted
WMII Exhibit #1
August 3, 2007 Letter to Keith McMullen
from Anne Haaker at the IL Historic
Preservation Agency
Not Admitted
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CERTIFICATE OF SERVICE
It is hereby certified that true copies of the foregoing order were mailed, first class, on
August 24, 2007, to each of the persons on the attached service list.
It is hereby certified that a true copy of the foregoing order was hand delivered to the
following on August 24, 2007:
John T. Therriault
Illinois Pollution Control Board
James R. Thompson Center
100 W. Randolph St., Ste. 11-500
Chicago, Illinois 60601
Carol Webb
Hearing Officer
Illinois Pollution Control Board
1021 North Grand Avenue East
P.O. Box 19274
Springfield, Illinois 62794-9274
217/524-8509
PCB 2007-084
Donald J. Moran
Pedersen & Houpt
161 North Clark Street
Suite 3100
Chicago, IL 60601-3224
PCB 2007-084
Penni S. Livingston
Livingston Law Firm
57-1 Perrin Road
Fairview Heights, IL 62208
PCB 2007-084
Bruce A. Moorison
Great Rivers Environmental Law Center
705 Olive Street
Suite 614
St. Louis, MO 63101-2208
PCB 2007-084
John T. Papa
Callis, Papa, Hale, Szewczyk & Danzinger, PC
1326 Niedringhaus Avenue
Granite City, IL 62040
