NOV 082007

oRIGINAL

Page 1

ILLINOIS POLLUTION CONTROL BOARD

NOV 082007

ECEIVED

CLERK'S OFFICE

PEORIA DISPOSAL COMPANY,

Petitioner,

vs.

ILLINOIS ENVIRONMENTAL

PROTECTION AGENCY,

Respondent.

)

) PCB 08-25

) (Permi t Appeal - RCRA)

)

STATE OF ILLINOIS

~ollution

Control Board

(

The following is the transcript of a hearing

held ip the above-captioned matter, taken

Illinois, before Carol Webb, Hearing Officer, at 324

Main Street, Room 403, Peoria, Illinois, on the 6th day

of November, A.D. 2007, commencing at 9:00 a.m.

(

PRESENT:

HEARING TAKEN BEFORE:

ILLINOIS POLLUTION CONTROL BOARD

1021 North Grand Avenue East

Springfield, Illinois 62794-9274

(217) 524-8509

BY:

CAROL WEBB

Page 2

APPEARANCES:

ELIAS, MEGINNES, RIFFLE & SEGHETTI, P.C.

BY:

BRIAN J. MEGINNES, ESQUIRE

JANAKI NAIR, ESQUIRE

Attorneys at Law

416 Main Street, Suite 1400

Peoria, Illinois 61602

(309) 637-6000

On Behalf of the Petitioner.

BROWN, HAY & STEPHENS, LLP

BY:

CLAIRE

A. MANNING, ESQUIRE

Attorney at Law

205 South Fifth Street, Suite 700

Springfield, Illinois 62705

(815) 431-1500

On Behalf of the Petitioner.

ILLINOIS ENVIRONMENTAL PROTECTION AGENC

BY:

MICHELLE M. RYAN, ESQUIRE

Attorney at Law

1021 North Grand Avenue East

P.O. Box 19276

Springfield, Illinois 62794-9276

(217) 782-5544

On Behalf of the Respondent.

ALSO PRESENT:

(

ROYAL COULTER

MEMBERS OF THE PUBLIC WERE PRESENT

'-----=====================;;;;:;;;:::=====.=

RON EDWARDS

Direct Examination by Ms. Nair

WITNESS FOR THE PETITIONER:

WITNESS FOR THE RESPONDENT:

Page 3

Page

Admitted

Identified

EXHIBIT 1

BY MS. MANNING.

BY MS. RYAN ..

I NDEX

MARK CRITES

Direct Examination by Ms. Ryan.

Cross-Examination by Ms. Manning

Redirect Examination by Ms. Ryan

*Exhibit was retained by the Hearing Officer.

OPENING STATEMENTS:

GREETING

BY HEARING OFFICER. . .

PUBLIC

COMMENTS . . .

JOINT EXHIBIT:

(

It is November 6th, 2007, and we

At issue in the case is the Agency's denial

This hearing was noticed pursuant to the Act

Control Board. This is PCB 08-25, Peoria Disposal

Carol Webb. I'm a hearing officer with the Pollution

Page 4

HEARING OFFICER WEBB:

Good morning.

My name is

Company versus IEPA.

the final decision in this case. My purpose is to

are beginning at 9 a.m.

of Petitioner's application to modify its permit for its

landfill in Peoria County. You should know that it is

the Pollution Control Board and not me that will make

conduct the hearing

in a neutral and orderly manner

that we have

a clear record of the proceedings.

will

also assess the credibility of any

witnesses on the record at the end of the hearing. At

the

end of

the hearing,

members of the public will

before the Board which is whether PDC's proposed

instructed to limit comments to the issue currently

residual waste landfill constitutes a new pollution

whether it qualifies for an exclusion from that

control facility subject to local siting approval or

waste generated by PDC.

allowed to give public comment. The public is

definition on the grounds that it is solely accepting

(

(

Page 5

and the Board's rules and will be conducted pursuant to

sections 101.600 through 101.632 of the Board's

procedural rules.

At this time I would like to ask the parties

to please make their appearance on the record.

MS. MANNING:

Good morning, Madam Hearing Officer.

My name is Claire Manning. I'm here on behalf of Peoria

Disposal Company.

MS. NAIR: My name is Janaki Nair, also here on

behalf of Peoria Disposal Company. And we will be

joined presently by Brian Meginnes who will also be

appearing on behalf of Peoria Disposal.

HEARING OFFICER WEBB:

Thank you.

MS. RYAN:

My name is Michelle Ryan.

I'm a special

assistant attorney general for the Illinois

Environmental Protection Agency.

HEARING OFFICER WEBB:

Thank you very much.

Are

there any preliminary matters to discuss on the record?

No? Okay.

Would PDC like to make an opening statement?

MS. MANNING:

The only preliminary that we have,

Madam Hearing Officer, is that we will have a

stipulation of facts ready shortly. That's where

Mr. Meginnes is. And we have no evidence and/or

exhibits to put on the record because they are -- the

Page 6

record is already the permit application. Any other

But the

Thank you.

Would you like

I would, Madam Hearing Officer.

It seeks a reversal of the denial of

MS. MANNING:

HEARING OFFICER WEBB:

exhibits we have will be part of the permit application.

IiI;

We will do it for demonstrative purposes.

The appeal before the Board is

record is already before the Illinois Pollution Control

Board.

May it please the Hearing Officer and members

The issues before the Board in a permit

to make an opening statement?

their time in this matter.

letter in this permit appeal. We ask that the Board

reverse the determination of that Agency and remand to

the Illinois Environmental Protection Agency's denial

the Agency for purposes of technical review of the

straightforward.

hearing officer and the Pollution Control Board for

Thank you.

permit.

appeal are framed by the Agency's permit denial letter.

Here the permit was denied on one specific basis. The

IEPA made the determination that, as a condition

of the Illinois Pollution Control Board, we thank the

(

We are here today because we don't believe that

Page 7

precedent to permit issuance, Peoria Disposal Company

should receive local siting under section 39 of the Act.

determination is correct as a matter of law. Section 39

applies only to new pollution control facilities. New

pollution control facilities are specifically defined in

the law'. The law that is applicable, as the Hearing

Officer and Board knows, is the Illinois Environmental

Protection Act. The act says what they are and what

they are not. Here this permit has been designed

;

)

specifically so that the requested permit modification

sought here does not require siting priority issuance.

Here, as everyone knows, Peoria Disposal originally

(

sought siting of an expansion of its facility. While

not relevant here today, that expansion as proposed at

siting sought an expansion to accommodate the facility's

current operations and, in fact, constituted a new

pollution control facility.

In short, that pollution control facility

that was at siting did not qualify for an exemption.

Well, that case has been on appeal and is currently on

appeal before the Third District. Peoria Disposal has

gone back to the drawing board. Here in this permit

application Peoria Disposal seeks permit approval for an

Page 8

treatment process of which Peoria Disposal is itself the

This residual waste constitutes a fraction of

to be disposed of pursuant to this permit application is

known as treatment residue or residual waste. The

;

It is entitled under the

The other three fifths is inextricably

residential waste landfill.

generator. It seeks to dispose

that in its own

law to do so without siting.

expansion that would just accommodate the waste permit's

the waste now being accepted into the facility. with

this permit, Peoria Disposal will no longer be entitled

to dispose of approximately 40 percent of its currently

transformed in its treatment stabilization process

incoming waste. Instead, it will only be allowed to

dispose of that material which has been in effect

through the addition of reagents. The material entitled

reagents, which are purchased by Peoria Disposal and

mixed in as additives constitute approximately 40

percent of the volume of the treatment residue. In

other words, a full two fifths of the residual waste

reagent product itself which has been purchased by

mixed with the reagents in a treatment process designed

that will be disposed of in the residual waste landfill

which is the subject of this permit appeal is the

Peoria Disposal.

(

-_. ._-

Page 9

In 2004 the Second District Appellate Court

treatment process and can and will only be disposed of

as residual waste. Accordingly, section 3.30A3 of the

County was not a Pollution Control Board facility -- a

This exemption is not new.

It's not unique.

controlled or operated by such company.

to meet health risk based regulatory standards.

One hundred percent of it will be subject to the

No incoming waste can be directly disposed.

conducts a waste storage operation for the purpose of

disposing of waste generated by its own activities is

exempt from siting where such wastes are stored,

Act applies. That section provides a company who

the site or facility owned, controlled or operated by

treated, disposed of, transferred or incinerated within

such company or transported within or between facilities

owned,

and by the Illinois Environmental Protection Agency.

reviewed this very exemption we argue here and

It has been applied before by the courts, by the Board

pollution control facility, excuse me. And,

determined that a wastewater treatment facility in Lake

applies here.

accordingly, zoning was not preempted by local siting.

The Court rejected the plaintiff's contention.

(

Page 10

determined that it didn't matter that some of the waste

would come from those who did not own the facility.

The IEPA has previously determined the same

thing in at least two instances that we are aware. In

1993 the IEPA issued a RCRA class 3 permit, which is the

very same permit that this applicant seeks today, to

Northwestern Steel and Wire in Sterling, Illinois.

There, as here, the facility had been operating as a

RCRA permitted facility since the late 1980s. The key

was that siting was not required because Northwestern

was simply disposing at its own facility waste that it

generated. There is no debate. Like Northwestern Steel

and wire, Peoria Disposal is the generator of the waste

it intends to dispose in the permit that is requested

today.

In 1994 in a case brought by Envirite against

opportunity to look at the very treatment process that's

before the Board in this permit application. It

determined that Peoria Disposal Company is, in fact and

(

in law, the generator of the waste that it treats and

disposes. The producer of the waste is not. Relevant

to the Board's review here, the Court ruled that the

._. -- ._

.. ._.

Page 11

legislative intent. And decision makers like the Court

statutory language is the best indicator of the

exemption language relevant here, the IEPA determined

and like the Board need only to look to that language

•

1.1

The second situation we are aware of where

without any other aids or instruction.

the IEPA allowed a permit to issue under similar

permitting of the landfill in Livingston County near

circumstances without siting involved the original

Pontiac, Illinois on I-55. In looking to the statutory

"Materials generated by these operations of the Harvey

Envirite -- and in this case the facility that was

facility would only be accepting waste generated by

basis of the very same language and exemption we argue

generating the waste by Envirite was some 50 miles away

owned the facility, the IEPA concluded that since the

an IEPA attorney to a lawyer for Envirite who originally

today. Specifically the IEPA in that case wrote,

facility which are transported to and disposed of at the

in Harvey, Illinois

siting was not required on the

yet in another context, a similar context, that siting

(

(

Page 12

Envirite Livingston Residential Waste Landfill in

Livingston County would not cause the facility to be a

pollution control facility because" -- and he cites the

very same exception relevant here -- "they are waste

generated by a person's own activities."

And my comments on all of those cases really

constitute legal argument. We plan to present no

evidence and we doubt that the Agency will present any

evidence that wouldn't be relevant -- that wouldn't be

appropriate. These are the kinds of arguments we will

be further making in our brief.

In terms of fact, there really are no

disputed facts here before the Board. In fact,

Mr. Meginnes was going to get a stipulated statement of

facts between us and the Agency. The sole question

before the Board is a question of law. While

traditionally the Board has held hearings in permit

appeals, this question could readily have been decided

without the hearing on the basis of the permit

application before us and the law. Therefore, we will

only present one witness today, Ron Edwards, who is the

operator of the waste stabilization facility in the

Peoria Disposal Facility. And he is the signator on the

permit before the Board.

will proceed with questioning Mr. Edwards. The Board's

authority is clear under the law. It is required to

apply the law correctly. The Courts, on review, hold it

accountable to do so. And we appreciate your time today

and look forward to the hearing. Thank you.

HEARING OFFICER WEBB:

Thank you.

Ms. Ryan, would you like to make an opening

statement?

(

Page 13

I will turn to Janaki Nair in a moment who

MS. RYAN:

Yes, please.

Madam Hearing Officer, we

(

do agree with PDC that there is one single issue in this

case which is the issue of siting. The Illinois EPA

believes that siting is required for this permit for the

reason that the exemption claimed by PDC does not apply.

Today we have one witness who will describe some minor

detail of how Illinois EPA views the siting situation as

well as how the permitting process works to further

inform the Board as to the facts that are already in the

record. And as Counsel indicated, we do have a

stipulation of facts that we agree upon and so no

additional facts really need to be introduced here.

I do have to take issue with the statement,

however, that there is no debate that PDC is the

generator of the waste from the waste stabilization

'----s;;;;;;:====================

permit in this case.

Page 14

facility. That is, in fact, the debate in this case.

We believe that PDC is not the generator for purposes

siting of the materials coming from the waste

stabilization

facility,

and

that was the basis for our

decision that siting was

required prior

issuance of

Number 1.

I have the stipulated

-- filingi is that correct?

I will do that.

MS. MANNING:

Madam Hearing Officer, you can call

HEARING OFFICER WEBB:

Thank you.

MS. MANNING:

We have here, Madam Hearing Officer,

MS. RYAN: That's correct.

Okay. PDC may call its first witness.

identification. )

HEARING OFFICER WEBB:

Okay.

(Exhibit Number 1 was marked for

MS. NAIR:

Thank you, Madam Hearing Officer.

HEARING OFFICER WEBB:

Okay.

the stipulations to present at this time.

statement of fact. This is a joint

it Joint Exhibit Number 1 if you like.

Exhibit Number 1. So this will be admitted as Exhibit

So I assume nobody objects to it. It's admitted as

(

Page 15

in the management of hazardous and solid waste.

I have

BY MS. NAIR:

DIRECT EXAMINATION

RON EDWARDS,

Mr. Edwards, you may have a

have more than 24 years of experience

Yes.

Ron L. Edwards.

Yes.

I'm vice president of development and

HEARING OFFICER WEBB:

And what is your current position with Peoria

Could you briefly describe your experience in

(Witness sworn.)

Could you please state your full name for the

call Ron Edwards.

seat up here and the court reporter will swear you in.

examined and testified upon his oath as follows:

called as a witness, after being first duly sworn, was

record?

this industry?

facility manager, director of operations and vice

served in the capacities of construction manager,

operations of landfills.

president of environmental affairs.

president of development and operations and also vice

Disposal Company?

(

Page 16

Yes.

I'm a member of the National Solid

chairman of the Landfill Technical Committee. One of

affiliations?

Waste Management Association.

I have served as past

I-

And so did you actually participate with the

Currently, I'm responsible for landfill

Yes. The purpose of this application was to

Could you briefly describe for us the purpose

And could you briefly describe your current

Could you briefly describe your professional

Yes. There were representatives of IEPA and

subtitle -- these rules into the existing State of

the things that we did on that committee is we served

with a committee to import these federal

the committee.

IEPA and the Pollution Control Board in having those

regulations passed?

Illinois rules.

compliance.

job duties?

development and operations and also environmental

develop an area specifically for disposal of waste

Pollution Control Board as well as industry members on

of the permit application that was filed in this case?

(

Page 17

Yes.

HEARING OFFICER WEBB:

Yes.

I did.

;

1./

I.-

Right. It's a required certification to be

Are the statements and representations in the

And is that your signature that appears on

Yes, it is.

MS. NAIR:

Madam Hearing Officer, may I approach?

And that's a certification document; is that

Did you supervise the preparation of the

QAnd did you certify the accuracy of the

I'm handing you what was marked in the

residues that are generated by our onsite treatment

plant.

application?

recognize that document?

correct?

that page?

administrative record as page 4, Bates page 4. Do you

included with a request to modify RCRA part B permit.

application true and correct to the best of your

knowledge?

(

. I'

Page 18

Yes.

HEARING OFFICER WEBB:

Yes.

I have.

1'1

Yes.

Did you have an opportunity to review the

And do those pages appear to be a true and

Yes, they.are.

MS. NAIR:

Madam Hearing Officer, may I have

MS. NAIR:

Thank you.

Could you briefly describe the location of

Did you specifically review Bates-stamped

The location. It's 4349-1/2 West Southport

I'm handing you what was marked Exhibit A to

Yes. This is a photograph included in the

administrative record as it was filed by the IEPA?

pages number 1 through 1363?

Road, Peoria, Illinois.

the facilities in question here?

accurate copy of the application?

continuing permission to approach?

the waste stabilization plant and the proposed residual

appendix D616A to the application. It's Bates-stamped

application. And it shows the PDC 1 facility. It shows

1129 through 1131. Do you know what this is?

(

Page 19

waste landfill.

Are those facilities adjacent to each other

will be subject to the application?

creation of those portions of the existing landfill that

IiIi

It was developed to begin

Yes.

I'm now going to hand you Exhibit M to

Yes.

And are they contiguous?

Yes. This is a site plan of the residual

And does this drawing also depict the

Could you briefly describe for us the

Yes.

on that photo?

Bates-stamped pages 1219 and 1220. Do you recognize

this?

waste landfill footprint. What that footprint would be

appendix D616A to the application. This is

facility.

is the aerial boundary in which waste could be placed.

facilities as being adjacent and contiguous?

It also depicts the existing waste stabilization

Yes. The area C landfill, which is the area

that's the subject of this application, was permitted in

1987 in a RCRA part B permit.

(

'----;;;;;============================::

Page 20

operating in 1988. The waste stabilization facility as •

Yes. This is a copy of our waste

stabilization permit portion of our RCRA part B permit.

And is the waste treatment facility currently

No.

Yes.

It was constructed in 1988,

I'm going to hand you what was previously

By way of comparison, what is currently

It is.

Could you describe what is proposed to be

And is that a copy of the currently

Is the treatment facility itself a subject of

Yes. Only those materials that we process

began operating in 19£9.

well was permitted in 1987.

marked Exhibit B to appendix D616A to the application,

permitted?

Bates-stamped page 1132 to 1138. Do you recognize this?

disposed of at the residual waste landfill?

would be disposed and only those.

disposed of at the site?

applicable permit?

through the treatment plant. And those would be what

the application?

(

-_.

(

Page 21

There is -- we have two types that we are

disposing. One is waste that goes to the treatment

]

plant for treatment. And then the other is what we call

direct disposal. That's waste that already achieves the

standards that can be directly deposited into the

disposal unit.

Under the application, will PDC be able to

directly dispose of hazardous waste at the residual

waste landfill?

No.

How about MGP waste or coal tar?

No.

PCB waste?

No.

Nonhazardous special waste?

No.

Only treatment residue will be deposited in

;

the residual waste landfill under the application?

That's correct.

Is that the only treatment residue generated

by PDC's activities at the site?

Right.

Could you describe the general purpose of the

(

treatment facility?

Page 22

heated?

The addition of the reagents are creating the

It's also very stable. It has improved

The treatment facility is a permitted

And it's very cohesive material. 11

The exothermic reaction, is that caused by

What is the treatment process itself?

hazardous waste management operation. It's an

industrial process, employs methods and techniques

We have incoming materials to the building.

specified by the U.S. EPA and IEPA to treat -- to

health base risk standards prior to disposal.

physically change the composition of a hazardous waste.

And it would render the resultant residue to. achieve

commingled with other waste materials coming into the

reagents to the mixing chamber. As part of that

process, we are adding cement, ferrous sulfate, fly ash

Reaction occurs in the chamber itself. It renders the

plant.

They are moved to a mixing chamber. We add

load-bearing capacity.

into the mixer.

and water. There is a exothermic chain reaction

the addition of the reagents, or is it externally

They are dumped into receiving bays. They are

material much greater mass than initially was placed

occurring -- exothermic meaning it's producing heat.

(

Page 23

heat, yes.j

You mentioned that fly ash, ferrous sulfate

and cement are added to the materials received from

customers. What percentage of mass does that

constitute?

treated.

It's about 40 to 50 percent of the mass once

How does the facility acquire these materials

that we mentioned?

They are purchased.

And you may have already answered this, but

what is the difference in the mass of the waste that's

brought in from customers versus the treatment residue?

There is an increase of 40 to 50 percent.

Could you describe any other physical changes

(

undergone by the waste as it becomes the treatment

residue?

Essentially, it's sludges and dust that are

coming into the plant. Once processed, it becomes a

clay-like consistency. It's very compactible.

And that final product, the treatment

residue, is that homogenous?

Yes.

Is it possible to separate that homogenous

Page 24

Yes. This is the best demonstrative

mass into its constituent elements?

landfilled?

Could you describe the chemical changes that

;

Can the waste that's brought in by PDC's

No. Not after it's been homogeneously mixed.

In comparison, can the treatment residues be

No. Those are what are called restricted

are undergone during the treatment process?

EPA under the regulations. And what's occurring is

it's a pozzolanic material being added. The

available technology process that's designated by the

metal ions to hydroxides. And that's limiting

leachability of the metal itself. The third thing is

three things, a pH adjustment.

~lso

are changing

silicates present. Those silicates combine around the

ions. So they tend to bind around that metal itself to

landfill?

limit leachability of the metal.

metal.

There is positive charge and negative charge

cementetious materials are pozzolanic, and they have

customers for treatment be directly disposed of in a

wastes. They do not meet the health base risk standards

to allow lawful land disposal.

(

do achieve the health base risk standards, and they are

(

Page 25

Yes. After we've processed it, the residues

legally allowed to be land disposed.

So who is the generator of the treatment

residue that's generated at the facility?

Peoria Disposal.

I'm going to hand you what's previously been

marked Exhibit E to appendix D616A to the application.

It's Bates-stamped 1145 to 1147. Do you know what these

documents are?

Yes. This is an excerpt from our waste

locater log which is part of our operating record.

What is the waste locater log?

We are required by regulation to locate the

placement of waste going into the land disposal unit.

We do that on a coordinate and elevation system. And

that's what the locater log depicts is where that

specific waste was placed within the landfill.

And what entity requires that you maintain

these locater logs?

The IEPA.

Who is listed as the generator o'f the

treatment residue on the locater logs?

(

This locater log actually depicts our initial :

Page 26

what this is?

It's Peoria Disposal.

You mentioned locater logs are part of the

operating record?

And are those

is that operating record

Correct.

And how frequently does the IEPA review the

This is an excerpt from our annual report

And who is listed as generator of the

We get an inspection, which includes both

I'm going to hand you now what's been marked

Yes. It's available for review as required.

placement of waste from our treatment facility in '89.

subject to review by the IEPA?

And the generator is listed as PDC treatment facility.

operating record; is that correct?

Exhibit J to appendix D616A of the application. These

pages are Bates-stamped 1161 through 1206. Do you know

during the 15 days. It's not on the 15th day.

portion of the report.

from the facility. These are specific to years 2004 and

field and record review, once each 15 days, sometime

'5. It's an excerpt of the generation and management

treatment residues on those annual reports?

(

Yes.

Correct.

Illinois EPA.

Yes.

We have included some of them in the

That's correct. Since 1989's report, it

To conclude, to what does the application

And are some of those filings given as

Are there other examples of regulatory and

Submit it to IEPA Springfield.

And on

all

those reports, was PDC listed as

And what do you do with these annual reports

What entity requires that you prepare an

Page 27

And these are from 2004 and 2005. Would this

be typical of

all

the other years that generator reports

have been required?

the generator of the treatment residues?

included the generation and form.

annual report?

examples in the application?

application.

apply?

administrative filings and documents that recite that

PDC is the generator of the treatment residue?

once they are prepared?

(

MS. MANNING:

We do not.

HEARING OFFICER WEBB:

Ms. Ryan, you may call your

witness.

(

Page 28

It applies specifically

the residues that

are coming from our onsite treatment plant to be

deposited into the landfill.

MS. NAIR:

We have nothing further, Madam Hearing

Officer.

HEARING OFFICER WEBB:

Thank you.

Ms. Ryan?

MS. RYAN:

I don't have any questions.

HEARING OFFICER WEBB:

Okay.

Thank you,

Mr. Edwards.

Does PDC have anything further?

MS. RYAN:

We call Mark Crites.

HEARING OFFICER WEBB:

Mr. Crites, the court

reporter will swear you in.

(Witness sworn.)

HEARING OFFICER WEBB:

Could you spell your name on

the record, please?

THE WITNESS: C-r-i-t-e-s.

HEARING OFFICER WEBB:

Thank you.

•

Page 29

Yes, I am.

Yes, I did, but not in a detailed manner.

Did you, in fact, review that application?

Are you familiar with the permit application

that's the subject of this appeal?

•

)

;

I work as a hazardous waste permit

;

I have a bachelor of science degree in

MARK CRITES,

Yes.

DIRECT EXAMINATION

Now that you have already spelled your name,

Has that been your entire tenure with the

I work for the State of Illinois

BY MS. RYAN:

What's your educational background?

examined and testified upon his oath as follows:

called as a witness, after being first duly sworn, was

Environmental Protection Agency in the Bureau of Land

can you tell us what your job and job duties are?

hazardous waste generation, disposal, treatment and so

Permit section.

reviewer and handle other issues associated with

forth. I have been in that position since 1990.

mechanical engineering.

Illinois EPA?

(

Page 30.

respect to the siting issue?

be necessary for this application.

No, I did not.

It's horizontal, volume-wise.

What type of application is this?

It was decided that we felt that siting would

Are you familiar with section 39H of the Act?

how we should proceed.

And what was the Illinois EPA's decision with

It's a class 3 permit modification request to

And expand in what sense?

Because upon receiving the application and

Did you conduct a full technical review of

In pretty much all senses. It's vertical.

And why was that?

expand the facility.

this application?

familiarizing myself with what was being requested, it

to whether or not local siting approval would be

required for an application of this type. And a

to review the application and make a decision on whether '

decision was made within permit section that we should

refer the application to our division of legal counsel

became clear that there was at least some questions as

or not

(

Page 31

Yes.

Can you tell me what that pertains to?

It pertains to -- it requires approval for

(

the disposal of certain types of waste before that waste

can be disposed.

In the early 1990s, how did the Illinois EPA

process and issue waste stream authorization?

We would get separate applications for each

individual waste stream, and it would be reviewed on a

case-by-case basis and individual permits were issued

for' each waste stream.

And is it still done that way today?

No, it's not.

How is it done today?

As of approximately 1995,

changed our

procedure so that most of the requirements that

originally were placed in waste stream authorizations

were actually put in the main body of the main permit

for the facility so that this process of approving waste ,

streams became sort of a semiautomatic process. It did

not require a separate permit from the Agency for each

waste stream.

Are you familiar with the Northwestern Steel

and Wire facility that's been referenced in PDC's

Page 32

(

•

;

am.

And do you know what types of materials were

What did that application pertain to as best

At one time I was the permit writer for that

Yes,

And how are you familiar with it?

What type of facility is Northwestern Steel

It was a steel facility.

COURT REPORTER:

Treated what?

Well, it was lime stabilized sludges from the

It was electric arc furnace dust from their

It was a vertical expansion of their onsite

facility.

;

•

pickle liquor --

landfill.

treatment of spent pickle liquor which at one point in

application?

bag houses from steel production. And treated spent

early -- I believe it was in early '90s that particular

going to be placed in that landfill?

waste code was removed from regulation.

time was regulated as a hazardous waste, as K063.

It's -- at some point in time, I believe in the

and Wire -- or was it, I should say?

you can recall?

(

---

(

And it produced steel?

Yes.

Page 33

What decision did Illinois EPA make with

respect to siting for that expansion?

Siting really wasn't a question in that

particular case because it was waste that was produced

at that facility originally. It was treated at that

facility and then disposed at that facility. So we felt

that it was a pretty clear exemption under that -- the

exemption that's already been referenced in the Act.

And if that identical issue came up today,

would you agree with that decision that was made?

Yes, I would.

Are you somewhat familiar with the Envirite

facility that's also referenced in PDC's application?

I have some knowledge of it, but I have never

been directly involved with that facility.

Did you review any of the documentation that

PDC attached to its application relating to the Envirite

facility?

Yes, I did.

(

And according to that information, what did

that permit application pertain to?

MS. MANNING:

Madam Hearing Officer, I'm going to

IiIi

-~-

Page 34

would only be able to speak to questions of law and

It -- as I understand it, it was a permit

of their application. The documentation that he is

him to proceed.

I think he can't speak to anything

object to any testimony on the Envirite 'facility.

already told us that he is

not familiar with that

IiIi

application. He

can't

speak

to anything factually. He

MS. RYAN: I think the Envirite facility was part

HEARING OFFICER WEBB:

Okay.

Well, I will allow

What did that application, the Envirite

legal argument. And, accordingly, I would suggest that

MS. MANNING:

he not be questioned about the Envirite facility.

referring to was the documentation that he reviewed in

reviewing the application, the parts that he did review.

information and that informed our decision on the siting

issue.

And I think that he can give his impressions of that

take wastes that they stabilized at their facility in

Livingston County that was owned by the Envirite

other than facts.

application, pertain to?

Corporation at the time. And that their plan was to

application for a new landfill cell at a facility in

(

-_.

-_...

(

Page 35

Harvey, Illinois, that -- and then dispose of it in that

landfill, in that new landfill cell that they were

creating.

And according to the documentation in the

application, what decision did Illinois EPA make with

respect to siting for that application?

It was decided at that time that we would not

require siting.

Based upon your experience in the permit

section, how does that decision on the Envirite siting

issue compare with other siting issues decided by

Illinois EPA in the early 1990s?

It seems to be consistent with the way we

viewed siting at the time.

And would you agree with that decision today

if that application were to come before you today?

MS. MANNING:

I'm going to object to any

speculative testimony as to whether they would or

whether they wouldn't. The fact of the matter is the

Agency didn't.

HEARING OFFICER WEBB:

answer.

I'm going to allow him to

(

I don't think we would approve it based on

the way we view the laws surrounding the issue today.

.-.,,--,

Page 36

are several documents in the record which have been

I don't think that flow of consideration was

given to the value of the local control that the

response to that?

;

: .

MS. RYAN:

I was actually done.

HEARING OFFICER WEBB:

Ms. Ryan, what is your

And why is that?

MS. MANNING:

Madam Hearing Officer, I'm going to

for the witness here to be testifying as to conjecture

Envirite case, I would suggest that it's inappropriate

that

there was debate going on in

the Agency between the

legal unit

and the permit unit as to whether

siting was

applicable or was

not applicable in this

circumstance.

Those are all legal

questions.

To the extent

to which the Agency never

legislature decided was necessary for siting, you know,

redacting any memos or anything else that's in the

record that we do have and we put in the record for the

redacted on the part of the Agency. Clearly, I suspect

and all we know is the permit denial letter.

continue this line of objection. The reason is, there

indicated to us any of its deliberative process by

a commercial operation, a waste disposal operation.

as to what was in the Agency's mind because all we have

(

17,

(

No.

Yes.

Yes, I was.

That's consistent with what's in the

BY MS. MANNING:.

CROSS-EXAMINATION

just have a very few questions.

You would absolutely agree -- even for

MS. MANNING:

Yes. I mean, they didn't receive it from

That's what he said, yes.

Would you like to cross-examine the witness?

And you don't have any dispute on that based

You were here for obviously the testimony of

And he testified that 40 percent of the

Page 37

HEARING OFFICER WEBB:

Oh.

Okay.

All right.

Clarify your question. Are you talking about

Mr. Edwards?

reagents, correct?

material that becomes the residual waste is actually

the 40 percent that is there?

purposes of siting they are the generator of that waste?

application, correct?

on the application?

anyone else? They bought it as product and disposed of

(

Ii,

Page 38

in the

In other words,

I mean, if you waved a magic

what is the one -- I think I said

So, yeah,

I'm not sure about your math. And also

So for

And you agree that for purposes of RCRA

Yes.

I would agree that they are a generator for

If they wanted to buy treatment reagents and

Well, in fact, you have no dispute, do you,

They are the generator?

it, correct?

then dispose of those treatment reagents in their own

landfill, I think, yes, they would

at the beginning two fifths of what has become the

being subject to the siting exemption?

residual waste, you have no problem with in terms of

landfill, yes, that would be -- as long as it met

separated out.

Mr. Edwards testified that the stuff couldn't be

3.3-- 3083 would apply?

wand and separated it and put this 40 percent

Peoria Disposal is, in fact, as the Supreme Court said, 11

appropriate regulations.

the generator for purposes of RCRA?

purposes of RCRA.

that, in fact, all of the documents that were put into

(

Page 39

similar.

Steel and Wire?

the Envirite as well as the time of the Northwestern

revision occurred after the Enviritecase. And I'm not

;

•

;

I would

in our

Yes.

The statutory exemption applicable here,

That's correct.

That's all right. We will put it

For purposes of today's action, it's really

It's similar. I will agree that it's

And the Agency reviews and has not only

Well, there was a revision to the siting

evidence earlier, the Agency gets those documents?

statements; is that correct?

accepted the fact that they call themselves the

generator, you would be -- you would be holding them in

section 3.330A, is the very same language, is it not,

that was applicable during the Envirite matter?

violation were they not filing those generator

sure if that is the exact same language or not.

brief. We will just --

have to review the two different

rules in the early '90s. And I believe that that

virtually the same language that it was at the time of

(

Page 40

share with us today, do you, what Mr. White's opinion

MS. RYAN: Mark may want to share it, but I don't

and then that rest of the portion of that paragraph is

MS. MANNING: Just for purposes of the record, I'm

And

It's

"Mr. White recommends,"

I appreciate it. Thank you very

I'm done with the questions. Thank

I will agree with that, yes.

MS. MANNING: All right. Thank you. That's all I

HEARING OFFICER WEBB:

Ms. Ryan?

MS. MANNING:

Just a second, please.

(Pause in proceedings.)

have.

exempt document number 227, file number L143812003.

looking at one of the exemptions in part document.

redacted from this document is a statement here in a

memo

dated July 2nd, 2007, from Mark White to Steve

redacted, blacked out. So we can't ascertain what

Mr. White's opinion is. I don't assume you want to

much. I'm fine.

Nightingale and Mark Crites.

want him to share it.

MS. MANNING:

is?

you.

(

Page 41

(

REDIRECT EXAMINATION

BY MS. RYAN:

Mark, those documents that Claire mentioned

that are submitted to the Agency that indicated that PDC

is the generator, I believe she is referring to waste

locater logs and annual reports and that sort of thing. 11

Are those documents that you actually review in your job

as permit reviewer?

Not normally except if they are included with

a permit application such as this.

MS. RYAN:

Thank you.

That's all I have.

HEARING OFFICER WEBB:

Thank you, Mr. Crites.

Ms. Ryan, do you have anything further to

present?

MS. RYAN:

I do not.

Thank you.

HEARING OFFICER WEBB:

At this time I would like to

And the

confirm the briefing schedule that we discussed earlier.

I';

The transcript will be available on the 9th.

Petitioner's brief is due by November 16th.

Respondent's brief is due by November 28th. And

Petitioner's reply is due by December 3rd. And the

mailbox rule will not apply.

The public comment deadline is also December

3rd. Public comment must be filed in a 101.628 of the

(

'._-

Page 42

there.

MS. MANNING: We will reserve it for brief.

I also want to make another announcement.

Or reserve it for brief?

If I'm

Okay. At this time I will

Would you like to come up here, Ma'am?

HEARING OFFICER WEBB:

Ms. Pryde?

MS. PRYDE:

Yes.

Would PDC like to make any closing argument?

Board's procedural rules.

MS. PRYDE: Phyllis, P-h-y-l-l-i-s, Pryde,

HEARING OFFICER WEBB: And that's -- I'll let you

for an exclusion from local siting approval. I

whether PDC's proposed residual waste landfill qualifies

take public comment that is relevant to the issue of

have -- well, I have one name up here.

Ms. Pryde,

wants to speak.

that everybody wants to make a public comment.

a public comment.

If anybody wants to make a sworn

wrong. just let me know.

parties, whereas public comment is not. So I'm assuming,

Phyllis Pryde. I will call on everyone, though, who

statement, that is subject to cross-examination by the

go ahead and spell your name for the court reporter

I'm going to assume that everybody here today is making

(

Page 43

P-r-y-d-e.

HEARING OFFICER WEBB:

Okay.

You may make your

statement.

MS. PRYDE:

I'm here because I'm a grandmother.

I'm very concerned about the aquifer and the quality of

our water now and hopefully for generations to come. My

I-

husband was a Ph.D. in organic chemistry at the Northern

environment.

Research Laboratory and was extremely concerned with our

I, too, have a bachelor of science degree 11

from Bradley University. And I know that what we do now

is going to affect our environment for generations to

come. And it's the scariest thing I can think of.

People in companies and products try to change their

identities all the time. In fact, if a woman has enough

money, she can have a tummy tuck, enlarge her boobs,

have a facelift and a nose job and all new teeth and

change her hair in any color and style and put on

colored contacts and even change her name. But that

will never change who she is because you cannot change

DNA. And toxic waste is toxic waste is toxic waste, and

it is poison. It's already leaking in our aquifer. And

at the PDC laboratories we were shown loaves of concrete

mixed with treated waste.

MS. MANNING:

Madam Hearing Officer, with all due

(

(

Page 44

respect -- and I appreciate that the public has the

opportunity to comment. But really the comment needs to.

be relevant to the permit application that we have

before us today.

HEARING OFFICER WEBB:

I will make an announcement.

considering.

I want to offer you some leeway. I don't

This isn't exactly like the last hearing. The Board is

not going to be considering the public health, safety

and welfare arguments that were at issue at the landfill

expansion. The testimony you have heard today regarding

the permit issues is really all the Board is going to be

want anyone here feeling like they didn't get an

opportunity to be heard. You may wish to consider,

though, if you have -- if you want to sit to address

public health, safety and welfare, maybe submit a

written comment to the Board. But I don't want to

prevent anyone from saying what they came here to say,

but I don't want to spend a lot of time on issues that

the Board is not going to be considering. So I will

offer some leeway, but if everyone could at least keep

it a minute or two, that would be -- you know, on that

kind of stuff that would be great.

HEARING OFFICER WEBB:

Okay.

Thank you.

MS. PRYDE:

I understand.

(

Page 45

the Peoria County Board with two absent, 16 to nothing

location. A lot of toxic materials were not known about

I would hope that instead of further

permit an expansion of the site of PDC.

I'm sure they

to prevent the expansion of PDC. Sometime in this year

probably, the Illinois Pollution Control Board in

Chicago voted 4 to nothing to prevent the expansion of

MS. PRYDE:

In February of 2007 in this very room

There might even be funds from the Illinois

Environmental Protection Agency will consider the votes

PDC. I simply am here to pray that the Illinois

employees' retirement. That they would haul silt to

of people who have studied this for years and will not

lawsuits, PDC, who has been a very good employer and run

had, would take that money and put if into their

cover the old sites that have been closed and that they

would bring in more silt to cover any new sites that are

a clean plant under the legal auspices that they have

didn't bury toxic barrels knowing they were toxic

situation, not only for PDC whose only problem has been

returned to a savanna. This would be a very win win

government to compensate them for acreage that is

until perhaps the last decade or so.

closed and plant with savanna.

(

L...:::-==__

=_=.=._==.c;-:,_=..

<=_::::,,===========================---:

.--;d_

Page 46

the whole entire county and for the aquifer. Thank you.

answer.

HEARING OFFICER WEBB:

You don't need to be sworn

HEARING OFFICER WEBB:

You can present your

I see this industry as

DR. ZWICKY:

I will. Gary Zwicky, z-w-i-c-k-y.

HEARING OFFICER

WEBB:

Thank you.

Who else is here

(Pause in proceedings.)

I have a couple of comments, but actually

DR. ZWICKY:

That's fine.

And then I'm a simple

And it would be a win win for not only PDC, but also for

But I would hope that it could go back to being green.

And they have been a very fine company in this area.

barrels. They have been very good to their employees.

in. You are just giving a public comment, but if you

would please spell your name for the court reporter.

to speak?

first, a couple of questions. Mr. Edwards told us what

chemicals will not be going into the site. One of the

questions I have, Is there any potential for chemicals

deposited in this new facility that you are proposing?

producer is a little confusing.

or other compounds from Superfund cleanup sites to be

person but to me this issue of being a generator or

questions into the record, but he is not required to

(

--_.

.~~

...

what you are calling your product? And you must produce

some waste also, but we just heard that because of the

chemical reaction the product and the waste are the same

(

Page 47

a generator of two things, a product that they can sell

and has value and waste that mayor may not have. value.

And if the product has value, it can be sold. It can be

owned and it can be sold. So if PDC is receiving money

to take in waste from other companies, then you are

saying you are generating something. I assume, that's

thing. They can't be separated. So I assume that that

product has value and somebody owns it. So either you

own it or the company who produced it originally owns

it. And how long do you own it for? Those are my two

questions for the record.

My comment is, over 25 years ago a landfill

existed in Peoria County when new federal regulations

regarding hazardous waste disposal came into being. And

at that time it was recognized that the site was not

ideally suited for hazardous waste disposal.

Nevertheless, the site was understandably grandfathered

and received a permit to operate for ten years.

Now the concept of grandfather clause in

business, law or medicine or anything is one that says

for whatever reason the person or entity seeking

Page 48

newest applicable standards. And perhaps we might allow

that entity to operate for some period of time and see

wha t happens.

Now we are told -- or have been told that the

many of the chemicals disposed at that landfill

And yet today we know much more about the

We know what exposure

expanded. They felt that ten years -- they must have

permission would have a difficult time meeting the

felt that ten years was an adequate amount of time for

grandfathering said that the site should not be

the new permit regulations. But the fact of the matter

the company to operate without undue hardship caused by

to humans can do more than we did 20 years ago. And

health effects of heavy metals and other chemicals that

including heavy metals and PCBs are now prohibited by

is the regulators, the Peoria County Board and we as the

great-grandfathering clause for PDC.

public were asleep at the wheel in 1997 when the

today we sit here again debating essentially another

Peoria County Board at the time of that original

ten-year operating permit expired. So what the public

are being deposited in that site.

and the Peoria County Board thought was a ten-year

agreement unbelievably stretched out to 20 years. And

(

_.,

---_. --

Page 49

United States is well behind the European Union in those

(

law from being landfilled in the European Union. The

regards. Today we know that Peoria children have among

the highest percentage in the nation of lead level

exposure in their blood. And we also know that Peoria

County has a high burden of cancer compared to the rest

of the state.

So what are we as a community going to do

about that? Physicians in the Peoria area have voiced

their concern about these issues. We do not believe it

makes sense to bury hazardous compounds, known cancer

causing and other harmful effect compounds in this

landfill. And we certainly stand opposed to importing

hazardous

some of the most hazardous components on

earth from EPA Superfund sites around the country and

entombing them in a poorly sited landfill here in Peoria

whose grandfathered permit should have expired ten years

ago. Therefore, we urge the Illinois Pollution Control

Board to deny the landfill reclassification. Thank you.

HEARING OFFICER WEBB:

Mr. Zwicky, did you say

are you representing a group? I'm sorry, I

DR.

ZWICKY:

I have spoken for physicians in Peoria

County at multiple --

HEARING OFFICER WEBB:

Okay.

Thank you.

(

Page 50

comments.

name, please?

that it is completely disingenuous and a ruse that PDC

Illinois area. And we appreciate the opportunity to be

I'm a volunteer and

MS. BLUMENSHINE:

Yes, I am.

I'm here on behalf of

(Brief pause in proceedings.)

HEARING OFFICER WEBB:

Ma'am, would you spell your

HEARING OFFICER WEBB:

Are you representing anyone

here today?

the Heart of Illinois Sierra Club.

part of this hearing. This issue is a grave concern to

the people of Peoria. Like I said, this issue of grave

concern to the people of Peoria whose children,

MS. BLUMENSHINE:

Yes.

My name is Joyce,

J-o-y-c-e, Blumenshine, B-l-u-m-e-n-s-h-i-n-e.

member of that group. And on behalf of Heart of

Illinois Sierra Club, I would like to give these

grandchildren and future generations will be faced with

the millions of tons of hazardous and other wastes that

San Koty aquifer, our major aquifer. It is our opinion

PDC has buried over aquifer level sands linked to the

We thank the Illinois Pollution Control Board

for holding this hearing in Peoria today. Heart of

Illinois Sierra Club has over 800 members in the Central

(

(

Page 51

attempts to claim that their expansion does not

constitute a new pollution control facility.

The specifics of the PDC permit modification

request application clearly show that the expansion has

a new vertical structure which will hugely increase the

elevation of a large section of the landfill to a

pitched height of 45 feet above about 32 acres of the

current ground level. This will create a new mountain

of toxic waste of where no current mountain exists.

The other part of the PDC expansion is to

open a new lateral landfill area. The 8.2 acres of this

new expansion are not currently part of a hazardous

waste burial area that is being used or open at PDC.

The facts regarding their permit modification request

show that their plan is to develop two new hazardous

waste storage areas that do not currently exist.

This application, in our opinion, is an

attempt to circumvent local siting authority. In May of

2006 the Peoria County Board voted with a strong

majority of 12 to 6 to deny the expansion request

presented by PDC. In using the same expansion plans as

they presented to the Peoria County Board subsequent to

the denial of that expansion, we feel PDC is

demonstrating their lack of concern for known

(

Page 52

environmental problems at the landfill.

The expansion would go over cell Cl which is

capped partially. The cell C1 liners in the 1980s

showed definite data showing large losses of leachate.

PDC would have to uncap this part of the cell to

continue their new vertical expansion. And this would

expose that cell to weather and other stress on the

liners.

After well over 30 years of operation as a

hazardous waste landfill, it is not now plausible to us,

nor does it seem acceptable for PDC to claim that they

generate waste and can expand without local siting

authority.

Heart of Illinois Sierra fully supports the

decision of the Environmental Protection Agency in

denying this class 3 permit modification, and we hope

that that decision will be carried forward. Thank you

very much for your time.

HEARING OFFICER WEBB:

Is there somebody in the

back?

(Brief pause in proceedings.)

HEARING OFFICER WEBB:

You don't need to be sworn

in, but if you could, please spell your name for us.

MR. MEINRICH:

Yeah.

Jay, J-a-y, Meinrich,

Page 53

unfounded. You can't separate it so it's unfounded, and

you that they commingle waste, that it involves an

of being a generator, at least in part, has some

validity. But because of what's been said today, it's

;

Ij.

•

MR. MEINRICH:

No.

HEARING OFFICER WEBB:

Are you here representing

MR.MEINRICH: A brief comment.

I'm against the

HEARING OFFICER WEBB:

Just yourself? Okay.

(Brief pause in proceedings.)

MS. FOX:

Tracy, T-r-a-c-y, Fox, F-o-x.

I'm a

HEARING OFFICER WEBB:

Your name, please?

HEARING OFFICER WEBB:

Thank you.

Was there

M-e-i-n-r-i-c-h.

anyone?

expansion of the landfill. And I think that the claim

ahead.

anybody over here? Ma'am?

to PDC's expansion of the landfill. I specifically

I just think this is a big waste of time. Thank you.

citizen. I live in rural Peoria County, and I'm opposed

common sense argues against what PDC says. They tell

reclassify PDC as a waste generator is a blatant attempt

to circumvent local siting authority. I believe that

believe that this application and the attempt to

(

;

(

;

---

I also think that they try to play some games

Page 54

exothermic process and that only 60 percent of the

constituents come from outside customers. To me the

commingles, it's exothermic, you certainly wouldn't

refer to that as a generator of waste. In my opinion

there is no difference.

with the limitations of language. They argue that

because locater logs and other reports that they submit

to the IEPA allow them to label themselves as a

generator, that somehow they are.

I believe it's just

thing is, it's waste coming in and a common citizen

would classify it as waste coming out. It has no value.

What they do is basically just stabilize the

waste. And in my mind it's not that different from a

garbage truck compacting waste. Although that

a limitation of language and that IEPA hasn't chosen to

unduly burden PDC with listing every single constituent

waste that's an input to that stream. It's simply

They also try to equate themselves with a

steel mill disposing of its spent pickle liquor on-site.

I think most people would understand that steel mills

generate steel; they don't generate spent pickle liquor.

Therefore, I don't think it's reasonable to argue that

PDC is a generator of waste.

(

---

Page 55

through applying for an expansion with the Peoria County ,

MS. OZUNA-THORNTON:

C-h-r-i-s.

HEARING OFFICER WEBB:

Is that Chris with a "C"?

Board, the IEPA and the citizens of the area. Thank

•

Thank you.

It does not, to me, imply that PDC is,

(Applause. )

Ma'am?

(Brief pause in proceedings.)

MS. OZUNA-THORNTON:

Chris Ozuna, O-z-u-n-a,

HEARING OFFICER WEBB:

Please hold your applause.

HEARING OFFICER WEBB:

Your name, please.

shorthand so that we can have a regulatory process that

actually worked.

in fact, a waste generator. In the end I think that

they truly believed that they were exempt from local

Board. That, in fact, is the strongest argument to me

would not have expended the time and effort to go

siting authority, that they were a waste generator, they

PDC's actions speak much louder than their words. If

the Peoria County Board, the Illinois Pollution Control

is just a last-ditch attempt to circumvent the will of

hyphen, Thornton, T-h-o-r-n-t-o-n.

you.

that PDC knows that they do not generate waste and this

(

--- -_.

Page 56

to what PDC makes from time to time if not more.

So I

as dangerous as the one of mine on the river with the

even make a million a week potentially which is similar

here. But the fact is the location of the place is just

;

I might

MS. OZUNA-THORNTON:

I'm hear representing myself

HEARING OFFICER WEBB:

All right.

HEARING OFFICER WEBB:

Are you representing anyone

MS. OZUNA-THORNTON:

I want to offer my respects to

everyone here. Personalities, principles above

and my grandchildren.

personalities. I think sometimes that to get a

who

are doing it and the place where it's happening.

help. And so I was thinking I will change the people

principle out without the benefit of the personality can

there and I could get all my cement and other components

even have concrete liners and put it out there and it

wouldn't be my fault wind storms come and the tide comes

in and it goes out. And the point being here, I'm not a •

bad person.

And I might make a lot of money.

can understand

th~ir

fight and their reason to be in

I was thinking I could go ahead and build my landfill

And I live on the river, not far from San Koty. And so

and mix it in two fifths. And I could get my liners and

. today?

(

•

Page 57

time for us all to be here. This is not the last time

on the back of our little reservoir. And our citizens,

where that comes from, folks.

That money, all those

I just feel that it's -- it is a waste of

Do I see PDC as a generator of waste? You

flood plain coming in. It might take a little bit more

time and it might be my grandchildren who are here

suffering. We might not feel it right away, although

farfetched -- farfetched ploy and there has been a

it's already begun. We know it's already begun.

call myself a generator of waste. Now I think it's a

place. I might have a lot of concrete and I still don't

four-pronged ploy before that. And the reason, as I see

regardless. And they promise they will continue to

we will be here. It is going to continue, continue,

mil~ions,

if not billions that they have, come from here

future and present, are having to pay the price for it.

it,

is to drag their feet and to continue to operate

know, I can buy concrete myself and I don't call it a

generator of waste when I do my post holes and it's my

I think some people are afraid to say anything because

operate regardless and to appeal and appeal and appeal.

Understandably, because of the amount of money involved. 11

of the amount of money involved.

But the money, guess

(

Page 58

continue. They promised that hoping that we won't come

out anymore.

I think because of the amount of money

involved even though the people are very nice and

wonderful people -- but the money involved has made it

impossible for them to make an ethical or a good

decision.

I think the time has come for those who give

them the licensing! who give them the right to operate!

to continue, who give them any time of day to say! Go on

and let's keep this little silliness going on forever

until it's full. And then they will say! Okay. My

appeal has ran out. Well

MS. MANNING:

Excuse me.

Madam Hearing Officer,

cart we keep the testimony to what's relevant before the

•

Board today? I appreciate the comments! but we have had

HEARING OFFICER WEBB:

even being here today.

I understand your

We need to keep the record

We have had a public hearing prior to

a siting hearing.

relevant.

frustration. And you may make a standing objection.

Some of it has been relevant! more than I actually

expected.

(Applause.)

HEARING OFFICER WEBB:

Ladies and gentlemen, please:

(

(

Page 59

don't do that.

I do want people to have -- you know,

it's important that people feel that this was a fair

hearing. As you know, the Board will be considering the

issues that are before the Board and really nothing

else. But it's a very murky area to separate the

comments directly related to what we discussed and the

testimony today to some of the other issues that may

have been discussed at the last hearing. So I'm hoping

that people will keep their comments brief. And I will

try to cut people off if they go too long. But I would

like to give everyone at least five minutes to say what

they want to say, you know, so that everybody leaves

here feeling like they had a chance to participate. The

Board may consider a small portion of thati they may

not. I just don't know. But it will be there, and it

will be in the record for the Board to look at.

MS. MANNING: As long as it has been put in the

record that public comment is not testimony.

HEARING OFFICER WEBB:

Absolutely.

Public comment

is not testimony and you may make the standing objection

heard today.

to the relevance of some of the public comment we have

MS. OZUNA-THORNTON:

I'm calling for

responsibility for the siting issue not only today but

Page 60

here who would like to -- Ma'am?

concern over the fact that PDC is able to reinvent

HEARING OFFICER WEBB:

State your name, please.

HEARING OFFICER WEBB:

Okay.

If that waste were not being

MS. STEVENSON:

But I think the bottom line is my

people who are okaying it to take responsibility for

what they're doing today. Thank you very much.

MS. STEVENSON:

Kathy Stevenson.

I had a page of

(Brief pause in proceedings.)

HEARING OFFICER WEBB:

Is there anybody else over

for those all in the past and of the future. For those

prepared comments and a lot of them have been stated so

today based on the testimony by Mr. Edwards that they

themselves as a waste generator specifically it seems to

citizens of Peoria County. And it's very clear to me

bypass the laws that were designed to protect the

I will not go into those.

something that they are contributing. So 40 percent is

what they are putting into it, but three fifths is what

is. Without that three fifths coming in, they have

are not a waste generator.

is coming in and it's hazardous and is what our concern

trucked to their facility, they have nothing to process.

And if we are getting into fractions, two fifths is

(

Page 61

nothing to process. There is no residual waste.

So, again, I just don't think

th~t

we can

just decide all of a sudden that things haven't gone our

way, let's reinvent ourselves and play by some different

rules.

HEARING OFFICER WEBB:

Thank you.

(Applause. )

HEARING OFFICER WEBB:

Ladies and gentlemen, if you

could please not applaud, I would appreciate that.

Who is next, please? Sir?

(Brief pause in proceedings.)

HEARING OFFICER WEBB:

Your name, please?

MR. PIOLETTI: Dan Pioletti.

HEARING OFFICER WEBB:

Would you spell that,

please?

MR. PIOLETTI: p-i-o-I-e-t-t-i. First of all, I

have no doubt the Peoria Disposal Company is doing the

best job it can. It just comes down to location. I

live on the other side of the river in East Peoria. My

well-being is dependent on my well water which is part

of the aquifer, I think, that's under the aquifer of the

My concern is that by

So my living is dependent on

the purity of that water.

changing the semantics this would take away the power of

III:

Peoria Disposal Company.

(

Page 62

someone else over here? No one over here. And there

the fact that the Agency, whose role is to protect the

Also, my concern is that no matter how much

HEARING OFFICER WEBB:

Thank you.

Was there

And I am heartened by

I am heartened to be here today

seriously could affect their life, the welfare of their

children and their grandchildren. So that's why this

exemption I feel should not be allowed for myself and

MS. ROACH:

My name is Jean Roach, and I will make

(Brief pause in proceedings.)

the Peoria citizens to have any say over something that

plastic lining they put around the toxic waste, it

all the people of Peoria.

doesn't matter how much, one leak into that aquifer can

spread for miles and miles and affect the life and

surrounding area. So I have nothing against Peoria

well-being of all the citizens of Peoria and the

doesn't affect such a precious commodity for the people

take their money and move it to a location where it

of Peoria and the surrounding area. Thank you.

my remarks very short.

with a lot of people who have been involved in this

was another person over here .. Ma'am?

issue over the last couple years.

Disposal Company.

I think they should take the lead and

(

Page 63

Dr. Zwicky am confused by the semantics.

If I got out

Agency, has turned down this ruse on the part of PDC.

And I am heartened by this, and I hope that will

anything different from "produce"? I did this early on

when the same kind of argument came up involving toxic

have besides us being willing

to speak out is getting

the agencies who have

the laws behind them

stand up

to businesses

who

try

distort the law.

So I am

I don't think our laws

I have to admit that I along with

HEARING OFFICER WEBB:

Thank you.

Was there

MS. GERARD:

My name is Suzanne, S-u-z-a-n-n-e,

(Brief pause in proceedings.)

pleased to be here and to hear the IEPA stand up for the

continue because as citizens the only thing we really do

citizens who they represent. Thank you.

citizens, that is, the Illinois Environmental Protection

my dictionary and looked up "generate," would I find

another person over here? Ma'am?

the same thing. And now the argument is do you generate

explanation of the difference.

Gerard, G-e-r-a-r-d.

or do you produce? And I heard nobody make any

should be enforced on semantic basis such as this where

and hazardous. And if you look in the dictionary, it's

you can take two words with the same meaning and try to

(

Page 64

make. Peoria County did send a letter into the public

to Peoria Disposal Company permit modification submitted

product and does not make it permanently disposed of.

I work

(Brief pause in proceedings.)

MS. RAITHEL: Karen Raithel, R-a-i-t-h-e-l.

Cement is not a permanent entity as anyone

Mr.

Edwards

said that

this

process the waste was put

through made it physically more stable. But the problem

is not the physical; it is the chemical. And if it is

not

chemically changed in such

a way as to be

nonhazardous, how can you

then claim it will be

HEARING OFFICER WEBB:

Thank you.

Anybody else?

separate them. And as the discussion went on,

churning it up with a bunch of cement does not make it a

Ma'am?

nonhazardous?

comment earlier this year. March 2nd, 2007, there was a

for Peoria County. And I have a couple of statements to

Thank you.

their February 8, 2007, meeting to voice its opposition

knows who has seen all the road construction. And

letter sent to IEPA regarding public comment for Peoria

Peoria County Board unanimously passed a resolution at

Disposal Company permit modification request. The

(

Page 65

the request.

to IEPA on January 5, 2007.

Enclosed is a copy of the

siting approval for proposed extension of Peoria

application the Peoria County Board denied except that

Peoria Disposal Company has

Whereas,

There is a resolution that is attached as

Resolution:

resolution that outlines the Board's position to oppose

During the landfill application review

process, a number of special conditions were proposed by

is the most protective of the health, welfare and safety

strongly that the imposition of these special conditions

Peoria County Board and staff as well as PDC upon

approval of this application. Peoria County feels

of the residents of Peoria County. Staff believes that

could not support the approval of PDC's siting

in the absence of these special conditions, the County

landfill in Peoria County to continue operation without

whereas, the Peoria County Board has previously denied

well.

the siting approval of the Peoria County Board. And,

applied for a class 3 permit modification to allow their

application as filed on November 14th, 2005.

a class 3 permit modification is identical to the

And, whereas, Peoria Disposal Company's application for

Disposal Company's Peoria County landfill facility.

(

on February 8, 2007, which was approved by a roll call

vote of 16 ayes.

(

Page 66

the proposed modification would only roughly -- apply to

roughly 60 percent of their current waste streams.

And, whereas, peoria Disposal Company's application for

a class 3 permit modification does not include various

conditions discussed during the proceedings before the

Peoria County Board and its subsidiary bodies. And

whereas the Illinois EPA is currently accepting public

comment on Peoria Disposal Company's application for a

permit

class 3 permit modification.

And, therefore, be it resolved that the

Peoria County Board is opposed to Peoria Disposal

Company's pending application for a class 3 permit

modification because granting of the application would

deprive Peoria County of local siting authority and

would not provide appropriate special conditions to

protect the interest of Peoria County and its citizens.

The county administrator has directed to

communicate to IEPA that the County opposes the action

that deprives Peoria County of authority and prevents

Peoria County from imposing conditions deemed

appropriate by the Peoria County Board. Respectfully

submitted, the Health and Environmental Issues Committee

(

Page 67

I also want to mention that IEPA did send a

letter to PDC regarding this permit and that Illinois

EPA's final decision on Peoria Disposal Company's class

3 modification request for landfill expansion on August

30th, 2007, IEPA denied PDC's request for a class 3

permit modification for expansion of PDC number 1

landfill by addition of residual based landfill. The

Agency's denial is based on a lack of permission from

the local siting authority, the Peoria County Board.

So with those comments, I would like to

submit into the record saying that Peoria County would

like to have its say for siting authority be brought

forward.

HEARING OFFICER WEBB:

What is your position with

the County? Did you say?

MS. RAITHEL:

I am recycling and resource

conservation director.

HEARING OFFICER WEBB:

Is that anything you can

give to the court reporter?

MS. RAITHEL:

Sure.

HEARING OFFICER WEBB:

You read some things and I

think you read it rather quickly so I think she would

probably like a copy to type it in, not as an exhibit,

of course.

(

Page 68

MS. MANNING:

Right.

I would suggest again that

this is public comment. I'm not entitled to

cross-examine the witnesses.

HEARING OFFICER WEBB:

You are absolutely right.

MS. MANNING: And so we have to sit and listen to

this as public comment. And I'm just going to again

reiterate that it is not evidence before the Board. It

is simply public comment.

HEARING OFFICER WEBB:

You are absolutely correct.

(Pause in proceedings.)

MS. CONVERSE:

Kim Converse, K-i-m,

C-o-n-v-e-r-s-e.

HEARING OFFICER WEBB:

I'm sorry, I didn't catch

that.

MS. CONVERSE:

Kim Converse.

HEARING OFFICER WEBB:

Kim Converse?

MS. CONVERSE:

Uh-huh.

HEARING OFFICER WEBB:

Are you representing anyone?

MS. CONVERSE:

I'm representing Peoria Families

Against Toxic Waste. And I also did want to clarify for

the record -- Dr. Zwicky just had to leave, but I don't

think it was on the record that he is Dr. Zwicky rather

than mister. So I told him I would do that.

---

HEARING OFFICER WEBB:

Thank you.

waste. Just remember that. Our customers do," end

quote.

The idea that PDC generates this waste that

the Peoria County Board has jurisdiction over any

and

I am

"We are in the

And there is a video in the other room if

In fact, the County Board last spring -- County

a member of Peoria Families Against Toxic Waste. And we

being here today as well as everyone. I'm here today as

want to thank the Illinois EPA for their ruling against

respectfully ask that the Illinois Pollution Control

PDC itself described this effort to bypass

PDC's class 3 permit modification request. And we

Board uphold the IEPA's decision. The law is clear that

Page 69

MS. CONVERSE:

I want to thank you, Ms. Webb, for

gets trucked in from multiple states defies common

sense.

Board meeting rather, Mr. Meginnes even stated

protected.

expansion decision in our county. Our county board

;

voted 18 to 0 to express its belief that any decision

;

related to the landfill's expansion should remain local.

speaking about a different issue, quote

And we ask you to ensure our County's right is

quoting here.

service business. We don't generate the hazardous

you would like to see it. I quote,

(

Page 70

asked him if he would be transporting hazardous waste in •

meeting, a public hearing PDC held at their laboratories

most of us in this room realize that PDC does not

MS. BUCKLAR:

I'm a member of Peoria Families

Tessie Bucklar, T-e-s-s-i-e,

(Brief pause in proceedings.)

MS. BUCKLAR:

I just want to -- obviously, I agree

HEARING OFFICER WEBB:

Thank you.

HEARING OFFICER WEBB:

Okay.

HEARING OFFICER WEBB:

Are you representing someone

plan" to the Peoria Journal Star. We ask that the

county Board approval as its, quote, "last backdoor

B-u-c-k-l-a-r.

Pollution Control Board pass this back to our -- and

uphold the Illinois EPA's decision. Thank you.

today?

in January. And I have a transcript here. There is

facility. And I just want to clarify that. There was a

with lot of things that have been said here that I think

just a couple of things that I had asked some questions.

actually generate the waste that they landfill in this

Against Toxic Waste.

And this is on page 22 of the transcript. And I had

I think these were all answered by Ron Edwards of PDC.

(

.._.

Page 71

from other states.

He replied, "Yes."

like to remind the parties that you are allowed to

I said, "So you are not actually creating the !

;

And I also would

HEARING OFFICER WEBB:

Thank you.

I asked, "And does it come from a PDC

"The waste comes from the outside; that is

He said, "No we are not."

I asked him, "You are not actually creating

I asked, "So does it come from another

Mr. Edwards answered "No."

waste in the other state before you bring it here?"

correct?"

correct," answered Mr. EdwardE;.

the waste. It's coming from another state; is that

facility?"

Mr. Edwards answered "Right." So I just -- I

think that highlights very clearly that this waste is

company?"

generate. They are not a manufacturer. These are other:

landfilling. And I am very much opposed to this, and I

people's wastes that are coming in that they are

hope that you will deny this request.

not coming from -- it's not from a product they

(

Page 72

I would like to take -- to correct the record

W-e-n-t-w-o-r-t-h.

are into the hour and a half.

I'm

I will get to that, yes.

So I have a little bit of insight.

MR. WENTWORTH:

Yeah.

(Pause in proceedings.)

I would like to thank the -- as I counted,

My name is Dave Wentworth and I'm an attorney

MR. WENTWORTH:

My name is David Wentworth,

HEARING OFFICER WEBB:

And you also are

address public comments in your post hearing briefs if

representing the Peoria Families Against

horseshoe so not counting the parties or the counsel

that have been here for this entire hearing now that we

this facility.

the 48 people that are sitting on the other side of the

you have any comments on the comments.

representing Peoria Families Against Toxic Waste and

also Heart of Illinois Sierra Club. And in addition I'm

separate occasions. I think that was a little bit of a

slip.

just very briefly in the beginning. Ms. Manning

one of the 53,190 people that live within three miles of

indicated this was a residential waste facility on two

also one of them.

(

Page 73 ,

MS. MANNING: Excuse me. It's residual.

had been denied by the Agency. In addition, it was

because some of the houses and apartments are only 200

proposed before the Peoria County Board. Now in the

It wasn't a specific design.

And during that time it was candidly

MR. WENTWORTH:

Residual.

Perhaps she though that

feet from the border of this facility.

So it's the same expansion area proposed in

The class 3 permit modification request

encompasses an identical site and facility which PDC

Control Board after Peoria County denied it. It wasn't

even on the shelf to take off the shelf and put here.

qualify for this class 3.

opening it was said that this was a specific design to

was denied by the Peoria County Board. Now on January

the exact same expansion. I believe it's already been

talked about by Mrs. Blumenshine about the vertical and

lateral expansions.

It was the design already pending before the Pollution

the siting authority -- in the siting application that

there.

26th of 2007, over 50 people attended the meeting at the

It was already still on their desks. And it was just

PDC laboratories

kind of snaking through the hallways ;

acknowledged by PDC that a previous class 3 modification

(

(

Page 74

acknowledged by PDC that this was the exact same permit.

That the permit that would be issued from this would be

the same one that would be issued had local siting been

approved.

Now in the -- after they filed it, during the

pendency of the matter before the Illinois Pollution

Control Board, PDC admitted through its counsel that,

quote, "It's our backup plan." Now this is a very,

very, very expensive backup plan. Because if-PDC

thought that they did not need local siting authority,

why did they waste everybody's time at the local siting?

Why didn't they just go through, bring in some

professional Springfield lawyers with affiliation to the

Pollution Control Board and run with this first. This

was a very expensive backup plan where PDC spent

$505,865.95 for outside fees associated with a local

siting application. That does not include attorneys'

fees.

Of that $222,239.26 was spent in PDC's expert

fees and other costs related to the siting hearing.

Certainly --

MS. MANNING:

Madam Hearing Officer, if I might,

Mr. Wentworth is a lawyer as well. We need -- he knows

to keep things relevant to this particular issue before

the Board. That's not relevant. Thank you. Would you

obviously with the issues on a lot of this, but the

They are

admonish him, please, to stay with the issues?

He was

attorneys' fees were

this isa business.

Page 75

)

;

doing business. This is irrelevant.

HEARING OFFICER WEBB: All right.

Let's keep it

MR. WENTWORTH: I will tie it together right now if

I may.

HEARING OFFICER WEBB:

Please.

MR. WENTWORTH:

Thank you.

The reason why this is

(

all relevant, is I respectfully submit that where the

Agency as part of the basis of its denial said that it

had not gone through local siting, anything associated

with local siting should be fair game for the Pollution

Control Board. Especially

especially where the

documents submitted -- they are called application for

local siting approval of a pollution control facility.

Now this was denied by the Peoria County Board. And

that denial was affirmed by the Illinois Pollution

Control Board in case 06184, and they did that on

June 21st, 2007.

Now it's the Pollution Control Board

respectfully should be able to see that if what PDC says

in one application that it appealed and still called it

a pollution control facility before that entity, the

(

Page 76

decision maker Pollution Control Board, they now can't

turn around and call it something else in that matter.

Now the -- in short, there is the last to

treat regarding the hazardous waste streams under

section 39H of the Environmental Protection Act do not

equal the, quote, "four wastes generated by such

person's own activities including the definition section

3.3383. In short, this is a case about section 39C.

PDC has attempted to make this a case about section 39H,

and they need a local permit. Stated differently, this

may be not unlike a concurrent jurisdiction case for

siting where more than one jurisdiction can-be there.

It's really a case where everybody could be right.

Where for their waste streams under the Envirite case

they could be right that what comes out associated with

39H is they're a generator, but that does not apply to

39C nor the definition under the Act. That's all that I

have.

Thank you.

HEARING OFFICER WEBB:

Thank you.

Mr. Edwards? You're Tom Edwards, right?

MR. EDWARDS:

I'm Tom Edwards, no relation to Ron

Edwards. We are friends, though.

HEARING OFFICER WEBB:

Would you like to sit down?

MR.

EDW~DS:

I am a member of the Sierra Club.

]

sources themselves. The business and cities and 15

to PDC's dump site.

states that produce -- that is, generate and deliver it

l'i

Ii.

About 90 percent of that waste delivered to

Page 77

PDC is now trying a different tactic. They

edge.

expiring operational permit, Peoria Disposal Company is

whole process four years ago. And it's kind of a loose

seeking a new permit from the County to expand its

in 15 different states. For four years PDC has been

Control Board.

audience. Anyway, the background, under its current

Also I am representing River Rescue which started this

considered a receiver and disposer of highly toxic waste

organization with a number of people, some in the

are proposing that itself be considered a sole generator

of the hazardous waste it takes in rather than the

of this growing hill of toxics, denied PDC a new permit.

now a nearly full toxic waste landfill on Peoria's west

landfill. But Peoria County Board, realizing the danger

PDC from an untold number of industries and communities

That decision was upheld by the Illinois Pollution

(

"---;;;=============================;;;;--==,==;;;;-=.;:;:.="-~

(

Page 78

the generator because PDC adds a bit of what it calls

treatment, a bit of treatment. The gain to PDC would be

to be named generator rather than disposer of the waste

brought to it. It would no longer need a Peoria County

permit for both expansion and operation of its landfill.

But the IEPA has denied PDC that classification because

it would be a travesty of truth to say PDC is a

generator rather than a disposer of the waste it

receives throughout much of the nation. PDC's so-called

treatment is basically mixing the waste with a

nonhardening form of cement or clay which mostly keeps

the toxic materials, which are very light, from being

blown away.

The waste is also left exposed to the air to

cure, cure, which lets volatile chemicals volatilize and

escape into the air. And most of the 843 chemicals the 11

EPA permit allows in this landfill are volatile. That's

according to a chemistry professor from Bradley

University. Even lead compounds volatilize to a degree.

This additional waste would be deposited on top of and

alongside the massive already five-story high hill of

toxic waste already there thus adding to its dangers.

If given this generator classification, PDC says it

would stop accepting MPG type waste, manufacturing type

Page 79

to be thrown away somewhere, and they are trying to get

can this be true? The question, too, is why did PDC

legitimate point? But you know it is. Thank you.

wait until now to try to bypass County permit authority

I've got a few additional

The state EPA official said such considerations

MR. EDWARDS:

Yes.

HEARING OFFICER WEBB:

Mr. Edwards, do you want to

A glaring omission in overall EPA

waste because it cannot be disposed of as above. But

regulations, PDC's landfill is immediately atop the

it in this landfill.

give the -- is that something you can part with?

downwind of the PDC landfill's gaseous emissions. And

area's main water supply. And Peoria is immediately

aquifer which is Peoria's main water supply. The Peoria

inventory in the state and fifteenth highest in the

there are emissions. We have the highest toxic release

things I ad-libbed.

the EPA permit still allows 842 other toxic chemicals to

be put in the landfill. And PDC recently sought to add

I.!

one more toxic waste, PCB's, polychlorinated biphenyls,

now banned from almost all commercial use. And it has

are outside EPA's authority. I hope he is wrong. How

nation~

over its landfill if it really thinks that is a

(

Page 80

HEARING OFFICER WEBB:

It makes it easier for her

to fill in any of the blanks she may have missed.

(

Would anyone else like to speak here today?

MR. EDWARDS:

Can I add one thing?

HEARING OFFICER WEBB:

Why don't you submit it in a

written comment, Mr. Edwards?

MR. EDWARDS:

Okay.

HEARING OFFICER WEBB:

Is there anyone else who

would like to speak today?

You already spoke today.

I would prefer you

submit anything further in a written comment if that's

okay. Anybody we haven't heard from yet?

(No audible response.)

HEARING OFFICER WEBB:

All right.

Would the

parties like to add anything before we wrap things up?

MS. MANNING:

I don't have a closing statement.

I'm going to do it on the brief.

MS. RYAN:

You had a comment about comments.

MS. MANNING:

My only comment about comments was I

have already made it through these comments; we are not

allowed to cross-examine any of these witnesses.

Accordingly, the Board can't consider any of the

information presented in public comment as fact. We

can, of course, and the hearing officer indicated, we

Page 81

can argue against those comments in our briefs, but that

doesn't make them facts because we have not been allowed

to cross-examine them. So that's the comment I want to

make about that.

We want to do closing statements. We will do

that in our brief. I do, however, have a motion that I

would like to make prior to the close of this hearing.

And that is that I would move that the Agency submit in

the record all its redacted comments. All of the

information that has been redacted from the record, I

think after today's hearing, is clear ought to be in the

record. And I would like the Hearing Officer to order

that all redacted information be submitted.

MS. RYAN:

The information that was redacted from

the permit reviewer's notes there was an -- Counsel

indicated there was an introductory paragraph and then

redacted information as well as the attached memorandum

that was redacted. Those were all attorney work product

and attorney/client privilege documents. They were

created by Mr. Mark White in response to his client's

request for legal advice. The decision of the Agency

was clear in the permit denial letter. And I think the

thought processes of the attorneys of the Agency are not

relevant to the Board's consideration of this. And even

Page 82

MS. MANNING:

Could I ask whether you will deny the'

time.

MR. MANNING:

Mr. White, of course, is a land

me to deny it.

you may raise

I will do that.

to the extent that they are relevant, they remain

HEARING OFFICER WEBB:

Well, I'm not going to grant

privileged. And I don't think that they should be

disclosed to anybody

HEARING OFFICER WEBB:

Yes.

the motion because I don't feel that I can comfortably

the issues are and having actual written motions and

do so at this hearing without knowing completely what

such. So I'm not going to grant that motion at this

motion so that we can bring it to the Board and/or at

least develop an ability for us to develop these

the motion with the Board. I don't know that you need

position and its position in its permit denial letter.

history. So it's important that the Agency not be in a

arguments in writing?

I will deny the motion so that you can

redacted in the record that are contrary to its public

regulations throughout the course of the Agency's

position to testify to one thing here and have things

attorney of well repute. He has done a lot of the land

(

MS. MANNING:

No.

at 10:50 a.m.)

on that.

Is there anything further anyone would like

I will now proceed to make a

(Whereupon, the proceedings concluded

MS. RYAN:

No.

Page 83

HEARING OFFICER WEBB:

I understand your point.

HEARING

OFFICER WEBB:

just don't feel comfortable making that ruling with the

limited amount of knowledge that I have in front of me

to discuss before we wrap things up?

statement as to the credibility of the two witnesses

testifying during this hearing. Based on my legal

judgment and experience, I find both the witnesses

everybody for their participation today.

the proceedings. We stand adjourned. And I thank

testifying to be credible. At this time I will conclude

(

(

Page 84

STATE OF ILLINOIS

COUNTY OF PEORIA

CERTIFICATE

OF REPORTER

I, GALE G. EVERHART, CSR-RPR, Notary Public in and

for the County of Peoria, State of Illinois, do hereby

certify that the foregoing transcript, consisting of

pages 1 through 83, both inclusive, constitutes a true

and accurate transcript of the original stenographic

notes recorded by me of the foregoing proceedings had

before Hearing Officer Carol Webb, in Peoria,

Illinois, on the 6th day of November, 2007.

Dated this 8th day of November, 2007.

GALE G. EVERHART, CSR-RPR

Illinois License No. 084-004217

(

Page 85

action 39:21

affirmed

75: 18

81:2

80:11,15 83:5

ability 82:12

66:18

afraid 57:16

allows 78:17

Anyway 77:4

able 21:7 34:4

actions 55:4

after 15:6 24:2

79:2

apartments 73:3

60:13 75:22

activities 9:8

25:1 29:2

almost 79:5

appeal 1:5 6:14

about21:11 23:6

12:521:21

39:1452:9

along 63:14

6:17,22 7:21

34:637:21

76:7

73:11 74:5

alongside

78 :21

7:228:21

38:1243:5

actual 77:23

81:11

already 6: 1,4

29:21 57:14,14

45:2248:19

82:7

again 48: 1761:2

- 13:1821:4

57:1458:12

49:9,1051:7

actually 16:10

68:1,6

23:11 29:6

appealed 75:23

69:1873:15,15

25:2431

:18

against 10: 16

33:1034:2

appeals 12:18

76:8,977:9

36:2437:10

53:7,2362:11

43:21 57:4,4

appear 18:8

80:18,1981:4

41:746:13

68:2069:3,4

73:10,13,14

appearance 5:5

above 51:7 56:7

55:258:21

70:1272:7,10

78:21,2280:10

APPEARANC...

79:1

70:1771:3,6

81:1

80:20

2:6

- above-captioned

add 22:12 79:3

agencies 63:6

although 54:7

appearing 5:12

1:14

80:4,15

Agency 1:6

2: 17

57:3

appears 17:19

absence 65:

added 23:3

5:166:18,19

among 49:3

Appellate

9: 18

absent 45:2

24:11

9:16 10:17

amount 48:9

appendix

18 :20

absolutely 37:

adding 22:14

12:8,1529:9

57:15,1758:3

19:820:525:8

59:1968:4,9

78:22

31 :21 35:20

83:3

26:15

acceptable 52:

addition 8: 13

36:9,10,14

and/or 5:23

applaud 61:9

accepted 8:7

22:22,2467:7

39:1,341:4

82:11

applause 55:16

39:4

72:11 73:24

45:752:15

announcement

55:1758:23

accepting 4:22

additional

13 :21

62:2463:2

42:1244:5

61 :7

11:1766:7

78:2079:23

73:2475:11

annuaI26:18,23

applicable 7:7

78:24

additives

8: 17

81:8,21,23

27:10,1241

20:13 36:12,12

accommodate

address 44:14

82:21

another 11 :11

39:9,11 48:2

7:168:1

72:1

Agency's4:6

42:1248:17

applicant 10:6

according 33:22

adds 78:1

6:16,2236:20

62:1863:11

application 4:7

35:4 78:18

adequate 48:9

67:8 82:20

71 :7,14

6:1,27:248:14

accordingly 9:5

adjacent 19:2,17

ago47:1548:22

answer 35:22

10:20 12:20

9:2334:5

adjourned 83:14

49:1877:2

46:21

16:22,23 17:4

80:22

adjustment 24:8 agree 13: 11 ,20

answered 23: 11

17:7,23 18:9

accountable

administrative

33:1235:15

70:2271:10,13

18:20,23 19:8

13:5

17:12 18:3

37:1938:18,21

71:16

-19:21,2320:5

accuracy 17:6

27:16

39:1940:1

anybody 42:14

20:1621:7,18

accurate 18:9

administrator

70:14

53:1460:4

25:826:15

84:10

66:17

agreement 48: 16

64:13 80:12

27:20,22,23

achieve 22:6

admit 63:14

ahead 42:22

82:3

29:20,23 30: 1

25:2

admitted 3: 18

53:656:13

anymore 58:2

30:8,11,15,17

achieves 21:4

14:17,1874:7

aids 11:4

anyone 37:24

30:18,23 32:1

acknowledged

admonish 75:1

air 78:14,16

44:12,1750:6

32:633:15,19

73:23 74:1

advice

81 :21

allow 24:22

53:3 56:1 64:8

33:2334:3,8

.acquire 23:8

ad-libbed 79:24

34:1635:21

68:18 80:3,8

34: 10,18,19,21

acreage 45:

aerial 19: 13

48:254:20

83:5

35:5,6,16

acres 51:7,11

affairs 15:24

65:16

anything 28:11

37:14,1741 :10

act4:247:2,9,9

affect43:11 62:2

allowed 4:16

34:3,1436:16

44:3 51:4,17

9:630:24

62:9,14

8:1011:6,13

41:13

47:23

53:2065:4,7

33:1076:5,17

affiliation 74:13

25:362:4

57:1663:17

65:13,22,24

affiliations 16:2

71:2480:21

67:1875:12

66:3,8,12,13

Page 86

73:1874:17

34:542:255:9

31:7

bays 22:10

61:18

(

75:15,23

63:18,20

authorizations

became 30:13

between 9:12

applications

arguments 12:10

31:17

31:20

12:1536:10

31 :8

44:8 82:13

available 24:6

become 38:8

big53:12

applied 9:15

around 24:13,15

26:841:18

becomes 23:

billions 57:19

65:16

49:1562:7

Avenue 2:3,18

23:1937:10

bind24:15

applies 7:5 9:6

76:2

aware 10:4 11:5

before 1:17 2:2

biphenyls 79:4

9:1728:1

ascertain 40: 14

away 11:1957:3.

4:186:4,14,21

bit57:172:13,23

apply 13:4,14

ash 22:1423:2

61:2478:13

7:229:15

78:1,2

27:2438:11

asked 70:21,24

79:6

10:20 12:13,16 blacked 40:

41:2266:1

71:6,11,14

ayes 66:24

12:20,2431 :4

blanks 80:2

76:16

asleep 48:

A.D 1:19

35:1644:4

blatant 53 :21

applying 55:8

assess 4:13

a.m 1:19 4:5

57:11 58:14

blood 49:5

appreciate 13:5

assistant 5: 15

83:18

59:466:568:7

blown 78:13

40:2044:1

associated 29:

71:473:7,10

Blumenshine

50:1658:15

74:1675:12

74:6,23 75:24

50:4,5,873:15

61 :9

76:15

B 17:1819:24

80:1583:6

board 1:1 2:2

approach 17:9

Association 16:4

20:5,8

84:12

4:3,9,18 6:5,11

18:16

assume 14:17

bachelor 29:

began 20:3

6:12,14,17,21

appropriate

40:1542:13

43:9

begin 19:24

7:8,239:15,21

12:1038:17

47:6,10

back 7:2346:3

beginning 4:5

10:20 11:3

66:15,21

assuming 42:

52:2057:20

38:872:21

12:13,16,17,24

approval 4:20

atop 79:9

70:3

begun 57:4,4

13:18 16:11,14

7:2430:14

attached 33:19

backdoor 70: 1

behalf2:11,15

44:6,10,16,19

31:3 42:8 65:7

65:1481:17

background

2:205:7,10,12

45:2,448:6,12

65:12,18,20

attempt 51 :18

29:1777:4

50:8,10

48:1549:19

70:1 75:16

53:20,21 55:

backup 74:8,9

behind 49:2 63:6

50:13 51:19,22

approve 35:23

attempted 76:9

74:15

being8:715:6

55:9,12,13

approved 66:23

attempts 51: 1

bad56:19

19:1724:11

58:1559:3,4

74:4

attended 73 :20

bag32:13

29:230:12

59:14,1664:22

approving 31: 19

attorney 2: 13,18

banned 79:5

38:1046:3,23

65:6,18,19,24

approximately

5:1511:15

barrels 45:24

47:1748:21

66:6,11,21

8:9,1731:15

72:981:18

46:1

49:1 51:13

67:968:769:7

aquifer 43:5,21

82:19

base 22:724:21

53:956:18

69:8,9,16,17

46:5 50:22,23

attorneys 2:9

25:2

58:1760:18

70:1,373:7,11

50:23

61 :21,21

74:1775:3

based

9:1 35:9

63:569:2

73:1974:7,14

62:879:10

81:23

35:23 37:13

78:12

74:2475:14,17

arc 32:12

attorney/client

60:17 67:7,8

belief 69: 10

75:19,21 76:1

area 16:24 19:22

81 :19

83:11

believe 7:3 14:2

77:13,1680:22

19:2246:2

audible

80: 13

basically 54:5

32:19,2039:13

82:11,16

49:950:16

audience 77:4

78:10

41:549:10

Board's5:1,2

51:11,13 55:13

August 67:4

basis 6:23

11 :21

53 :20,22 54:21

10:24 13:2

59:562:11,15

auspices 45:

12:19 14:4

73:14

42:1 65:2

73:17

authority 13:3

31:1063:23

believed 55:5

81:24

areas

51 :16

51:1852:13

75:11

believes 13: 13

bodies 66:6

area's 79:11

53:2255:6

Bates 17:12

65:10

body 31:18

(

argue9:1911:21

66:14,1967:9

Bates-stamped

benefit 56:9

boobs 43:15

54:15,1881:1

67:1273:18

18:5,20 19:9

besides 63:5

border 73:4

argues

53 :23

74:1079:16,18

20:625:9

best 11: 1 17:23

both 26:11 78:5

argument 12:7

authorization

26:16

24:532:6

83:1284:9

Page 87

bottom 60:12

B-u-c-k-I-a-r

certainly 49: 13

63:966:16

comfortable

(

bought 37:24

70:8

54:8 74:20

claim51:152:11

83:2

boundary 19:13

CERTIFICATE

53:8 64:6

comfortably

Box 2:19

84:4

77:24

82:5

Bradley 43: 10

C 19:22 55:23

certification

claimed 13:14

coming 14:3

78:18

call 14:20,23

17:15,17

Claire 2: 13 5:7

22:11 23:19

Brian 2:8 5:11

15:121:3

certify 17:6 84:8

41:3

28:254:3,4

brief 12:11

28:13,1539:4

chain22:15

clarify 37:21

57:1 60:23,24

39:1841:19,20

42:1057:6,9

chairman 16:5

68:2070:18

71:7,18,20

42:3,450:1

66:2376:2

chamber 22: 12

class 10:5 30:2

commencing

52:21 53:7,15

called 15:6 24:20

22:13,17

52:1665:16,23

1:19

55:1959:9

29:275:15,23

chance 59:13

66:4,9,1267:3

comment

4: 16

60:661:11

calling 47:7

change 22:5

67:569:573:5

41:23,2442:6

62:1963:12

59:23

43:13,17,18,19

73:9,23

42:14,16,17

64:1570:6

calls

78:1

43:1956:10

classification

44:2,2,16

80:17 81:6

came33:11

changed

31 :15

78:6,23

46:1047:15

briefing

41 :17

44:1747:17

64:5

classify 54:4

53:759:18,19

briefly 15: 17

63:18

changes 23:

clause 47:22

59:21 64:19,20

16:1,16,21

cancer 49:6,11

24:3

48:18

66:868:2,6,8

18:11 19:19

candidly

73 :22

changing 24: 8

clay 78:11

80:6,11,18,19

72:21

capacities

15:21

61:24

clay-like

23 :20

80:23 81:3

briefs 72: 1

81: 1

capacity 22:20

charge 24: 14,14

clean 45:12

comments 3:14

bring45:1671:4

capped 52:3

chemical 24:3

cleanup

46: 17

4:1712:6

74:1282:11

Carol 1:172:4

47:964:4

clear4:1213:3

46:13 50:12

brought 10:16

4:284:12

chemically 64:5

30:13 33:9

58:1559:6,9

23:13 24:17

carried 52: 17

chemicals 46: 15

60:1669:7

60:967:10

67:12 78:4

case4:6,10 7:21

46:1648:20,23

81:11,22

72:1,2,280:18

BROWN 2:12

10:16

11: 18,22

78:15,1679:2

clearly 36:9 51:4

80:19,2081:1

Bucklar 70:7,7

13:12 14:1,6

chemistry 43:7

71:17

81 :9

70:11,14

16:2233:6

78:18

client's

81 :20

commercial 36:5

build 56:13

36:1839:14

Chicago 45:5

close 81:7

79:5

building 22:9

75:1976:8,9

children 49:3

closed45:15,17

commingle

built 11:13

76:11,13,14

50:1962:3

closing 42:2

53:24

bunch 64:10

cases 12:6

chosen 54:22

80:1681:5

commingled

burden 49:6

case-by-case

Chris 55:21,23

Club 50:9,11,15

22:11

54:23.

31:10

churning 64:10

72:11 76:24

commingles 54:8

Bureau 29:9

catch 68:13

circumstance

coal 21: 11

committee 16:5

burial 51: 13

cause 12:2

36:12

code 32:21

16:6,7,15

buried 50:22

caused 22:21

circumstances

cohesive 22:20

66:22

bury 45:24

48:10

11 :7

color43:17

commodity

49:11

causing 49:

circumvent

colored 43: 18

62:14

business 47:23

cell 34:21 35:2

51:1853:22

combine 24:

common 53 :23

69:21 75:3,4

52:2,3,5,7

55:11

come 10:2 35:16

54:3 69:15

77:20

cement22:14

cites 12:3

42:11 43:6,12

communicate

businesses 63:7

23:3 56:14

cities

77:20

54:256:17

66:18

buy 38:257:6

64:8,1078:11

citizen 53:18

57:1958:1,7

communities

(

bypass 60: 15 .

cementetious

54:3

71 :11,14

77:10

69:2479:18

24:12

citizens 55:13

comes 56:17

community 49:8

B-I-u-m-e-n-s-...

Central 50: 15

57:2060:16

57:1861:18

compactible

50:5

certain 31:4

62:1,1063:1,4

71:976:15

23:20

(

Page 88

compacting 54:7

66:15,20

continuing

49:6,23 51:19

15:13 16:16

companies 43:

conduct 4: 11

18:16

51 :2253:18

51:8,966:2

47:5

30:7

contrary 82:23

55:8,1260:16

77:4

company 1:3 4:4 conducted 5:1

contributing

64:17,18,22

currently 4: 17

5:8,107:1 9:6

conducts 9:7

60:21

65:6,7,10,11

7:21 8:9 16:18

9:12,13 10:18

confirm

41 :17

control 1:1 2:2

65:17,18,19,21

20:9,12,23

10:21 15:14

confused 63:

4:3,9,206:4,11

65:2466:6,11

51:12,1666:7

46:247:12

confusing 46:24

6:127:5,6,18

66:14,16,17,18 customers

23 :4

48:1061:17,22

conjecture 36:

7:199:21,22

66:19,20,21

23:13 24:18

62:1264:21,24

conservation

12:3 16:11,14

67:9,11,15

54:269:22

65:1571:15

67:17

36:345:4

69:8,9,9,16,16

cut59:10

77:5

consider 44:

49:1850:13

70:1 73:7,11

C-h-r-i-s 55:24

Company's

45:759:14

51:255:12

73:1975:17

C-o-n-v-e-r-s-e

65:21,2266:3

80:22

69:670:3

77:12,13 78:4

68:12

66:8,1267:3

consideration

73:11 74:7,14

79:

18 84:2,7

C-r-i-t-e-s 28 :21

compare 35: 11

36:281:24

75:14,16,19,21 County's69:12

C152:2,3

compared 49:6

considerations

75:2476:1

couple 46:13,14

comparison

79:15

77:16

62:2364:17

20:2324:23

considered 77:6

controlled

9: 11

70:21

D3:1

compensate

77:18

9:13

course 67:24

Dan61:13

45:19

considering 44: 7 Converse 68:

80:2482: 18,20

danger 77: 13

completely

44:11,1959:3

68:11,15,15,16 court 9: 18,24

dangerous 56:24

50:2482:6

consistency

68:17,1969:1

10:18,2411:2.

dangers 78 :22

compliance

23:20

coordinate 25:

15:328:16

data 52:4

16:20

consistent 35:

copy 18:9 20:7

32:1538:19

dated 40:11

components

37:16

20:1265:1

42:2246:11

84:15

49:1456:14

consisting 84:8

67:23

67:19

Dave 72:9

composition

constituent 24: 1

Corporation

courts 9:15 13:4

David 72:4

22:5

54:23

34:23

cover45:15,16

day 1:1826:13

compounds

constituents

correct 7:4

create 51:8

58:984:13,15

46:1749:11,12

54:2

14:15,16 17:16

created 81 :20

days 26:12,13

78:19

constitute

8: 17

17:2321:19

creating 22:24

deadline

41 :23

concept 47:22

12:723:5 51:2

26:4,527:4,8

35:371:3,6

debate 10:12

concern 49:10

constituted

7: 17

37:11,1738:1

creation 19:20

13:23

14:1

50:17,1951 :24 constitutes 4: 19

39:7,868:9

credibility 4: 13

36:10

60:13,23

61 :23

8:684:9

71:8,1072:20

83:10

debating 48: 17

62:6

constructed

correctly 13:4

credible 83: 13

decade 45:23

concerned 43:5

11:1420:2

costs 74:19

Crites 3:11

December

41 :21

43:8

construction

COULTER 2:23

28:15,1629:1

41:23

conclude 27:23

15:21 64:9

counsel

13 :19

40:1241:12

decide 61:3

83:13

contacts 43:

30:1772:17

cross-examina...

decided

12: 18

concluded 11: 16

contention 9:24

74:781:15

3:1237:4

30:2235:7,11

83:17

context

11 :11,11

counted 72:15

42:15

36:4

concrete

43 :22

contiguous 19:5

counting 72: 17

cross-examine

decision

4: 10

56:1657:6,8

19:17

country 49: 15

37:268:3

11:214:5

concurrent

continue 36:7

county 1: 164:8

80:21 81:3

30:16,18,20

76:11

52:657:12,13

9:21 11:8 12:2

CSR-RPR 1:15

33:3,1234:12

condition 6:24

57:24,2458:1

34:2245:2

84:6,21

35:5,10,15

conditions 65:5

58:963:4

46:547:16

cure 78:15,15

52:15,1758:7

65:8,11 66:5

65:17 _

48:6,12,15

current 7: 17

67:369:7,9,10

Page 89

70:476:1

design 73:8,9,10

25:6,1526:24

down 61 :1863:2

76:21,21,22,24

(

77:15 81:21

designated 24:6

29:1231:4

76:23

79:21,23 80:4

deemed 66:20

designed

7: 10

36:538:19

downwind 79:12

80:6,7

defies 69:15

8:2460:15

47:17,1961:17 Dr46:12,22

effect

8: 11 49: 12

defined 7:6

desks 73:13

61:2262:12

49:2263:15

effects 48:20

definite 52:4

detail

13: 16

64:21,2465:15

68:21,22

effort 55:769:24

definition 4:22

detailed 29:24

65:21,2266:3

drag 57:12

either 47: 11

76:7,17

determination

66:8,11 67:3

drawing 7:23 .

electric 32: 12

degree 29:18

6:18,247:4

77:5

19:16

elements 24: 1

43:978:19

determined 9:20

dispose 8:3,9,11

due 41: 19,20,21

elevation 25:16

deliberative

10: 1,3,21

10:1421:8

43:24

51:6

36:15

11:10

35:1 38:3

duly 15:6 29:2

ELIAS 2:7

deliver 77:21

develop 16:24

disposed 8:14,20

dump 77:22

emissions 79:12

delivered 77:9

51:1582:12,12

9:2,4,10

11 :24 dumped 22:10

79:13

demonstrating

developed 19:24

20: 19,22,24

during 24:4

employees 45:14

51:24

development

24:1825:3

26:13 39:11

46:1

demonstrative

15: 15,23 16: 19

31:533:8

65:4 66:5

employer 45: 11

6:324:5

dictionary 63: 16

37:2448:23

73:22 74:5

employs 22:3

denial 4:6 6: 15

63:19

64:11 79:1

83:11

Enclosed 65: 1

6:16,2236:21

difference 23:

disposer 77:6

dust23:1832:12 encompasses

51:2367:8

54:1063:22

78:3,8

duties

16: 17

73:6

75:11,18 81:22 different 39:

disposes 10:23

29:7

end4:14,1555:3

82:24

54:661

disposing 9:8

D616A 18:20

69:22

denied 6:23

63:1769:18

10:1121:2

19:820:525:8

enforced

63 :23

65:19,2467:5

77:11,17

54:12

26:15

engineering

73:11,19,24

differently 76: 10 dispute 37:

29:19

75:1777:14

difficult 48: 1

38:23

enlarge 43:

78:6

direct 3:9,12

disputed 12:13

3:1 25:8

enough 43:14

deny49:19

15:821:4 29:4

distort 63:7

each 19:2 26:12

ensure 69:

51:2071 :22

directed 66: 17

District 7:22

31 :8,11,21

entire 29: 1446:5

82:10,15,17

directly

9:221:5

9:18

earlier 39: 1

72:18

denying 52:16

21:824:18

division

30: 17

41:1764:19

entitled 8:4,8,13

dependent 61 :20

33:1759:6

DNA43:20

early 31:632:20

68:2

61:22

director 15:22

document 17:13

32:2035:12

entity 25:1927:9

depict 19:16

67:17

17:1540:8,9

39:1363:17

47:2448:3

depicts 19:14

disclosed 82:3

40:10

earth 49:15

64:875:24

25:17,24

discuss 5:18 83:6 documentation

easier

80:1

entombing 49: 16

deposited 21:5

discussed 41 :17

33:1834:8,9

East2:3,18

Envirite 10:16

21:1728:3

59:6,866:5

35:4

61:19

11:15,18,19

46:1848:21

discussion 64: 1

documents

edge 77:8

12:1 33:14,19

78:20

disingenuous

25:1027:16

educational

34:1,6,7,18,22

deprive 66:

50:24

36:838:24

29:17

35:1036:18

deprives 66:

disposal 1:3 4:3

39:1 41:3,7

Edwards 3:8

39:11,14,23

describe

13: 15

5:8,10,127:1

75:1581:19

12:21 13:2

76:14

15:1716:1,16

7: 13 ,22,24 8:2

doing 56: 11 60:3

15:1,2,5,12

environment

16:21 18:11

8:8,16,23

61:17 75:4

28:1037:7

43:9,11

(

19:1920:18

0: 13,18,21

done 31 :12,14

38:13 46:14

environmental

21:2323:15

12:23 15:14

36:2440:21

60:1764:2

1:62:175:16

24:3

16:2421:4,6

82:19

70:2271:10,13

6:167:89:16

described 69:24

22:724:22

doubt12:861:17

71 :1676:20,20

10:17 15:24

Page 90

16:1929:9

3:12,13 15:8

73:16

71:

12 72: 13,22

few 37:3 79:23

(

45:752:1,15

29:441:1

expected 58 :22

73:4,675:16

field 26:12

63:1 66:22

examined

15:7

expended 55:7

75:24

fifteenth 79:

76:5

29:3

expensive 74:9

facility's

7: 16

Fifth 2:14

EPA 13:12,16

examples 27: 15

74:15

fact7:1710:21

fifths

8: 19,23

22:424:7

27:20

experience

15: 17

12:12,13 14:1

38:8 56:15

27:11 29:15

except41:9

15:1935:9

14:1429:23

60:20,22,24

31:633:335:5

65:24

83:12

35:1938:19,23 fight 56:22

35:1249:15

exception 12:4

expert 74:18

38:2439:4

file 40:9

66:769:4

excerpt 25: 11

expired 48: 14

43:1448:11

filed 16:22 18:3

78:1779:2,8

26:18,20

49:17

55:3,956:23

41:2465:13

79:15

exclusion 4:21

expiring 77:5

60:13 62:24

74:5

EPA's30:20

42:8

explanation

69:1680:23

filing

14: 16 39:6

67:3 70:4

excuse 9:22

63:22

facts 5:22 12:13

filings 27: 16,

79:16

58:13 73:1

expose 52:7

12:15 13:18,20 fil180:2

equal 76:6

exempt 9:940:9

exposed 78: 14

13:21 34:15

final 4:1 0 23 :21

equate 54:11

55:5

exposure

48 :21

51:1481:2

67:3

escape 78:

exemption 7:20

49:5

factually 34:3

find63:1683:12

especially 75:

9:14,1911:10

express 69: 10

fair 59:275:13

fine 40:21 46:2

75:14

11 :21 13:14

extension 65 :20

familiar 29:20

46:22

ESQUIRE 2:8,8

33:9,1038:10

extent 36: 14

30:2431:23

first 14:23 15:6

2:13,17

39:962:4

82:1

32:3 33:14

29:246:14

essentially 23:

18 exemptions 40:8 externally 22:22

34:2

61:1674:14

48:17

exhibit 3:18,19

extremely 43: 8

familiarizing

five 59:11

ethical 58:6

3:21 14:11,18

30:12

five-story 78:21

European 49:1,2

14:18,21 18:19

. Families 68:19

flood 57:1

even 37:

1943: 18

19:720:525:8

faced 50:20

69:3 70:11

flow 36:2

45:1856:16,20

26:1567:23

facelift 43:

72:7,10

fly22:1423:2

58:4,1769:17

exhibits

5:246:2

facilities 7:5,6

far 56:12

folks 57:18

73:1278:19

exist

51 :16

9:12 18:12

farfetched 57:10 following

1: 13

81:24

existed 47: 16

19:2,17.

57:10

follows 15:7 29:3

Everhart 1: 15

existing 16:8

facility 4:207:14

fault 56:17

footprint 19:12

84:6,21

19:14,20

7:18,198:7

February 45:1

19:12

every 54:23

exists 51:9

9:11,20,21,22

64:2366:23

foregoing 84:8

everybody 42:

13 exothermic

10:2,8,9,11

federal 16:7

84:11

42:1759:i2

22:15,16,21

11:16,17,18,24

47:16

forever 58:10

76:13 83:15

54:1,8

.12:2,3,22,23

feel

51 :23 57:3

form 27:5 78:11

everybody's

expand 30:3,4

14:1,4 15:22

57:2259:2

forth 29:13

74:11

52:1277:12

18:23 19:15

62:482:5 83:2

forward 13:6

everyone

7: 13

expanded 48:8

20:1,9,15

feeling 44:12

52:1767:13

42:1044:20

expansion 7:14

21:2422:1

59:13

four 76:677:2

56:759:11

7:15,168:1

23:825:526:1

feels 65:7

77:11

69:2

32:833:4 44:9

26:2,1930:3

.fees 74:16,18,19

four-pronged

evidence 5

:23

45:3,5,951:1,4

31:19,2432:5

75:3

57:11

12:8,939:1

51:10,12,20,21

32:22,2433:7

feet51:757:12

Fox53:17,17

68:7

51 :23 52:2,6

33:8,8,15,17

73:4

fraction 8:6

(

exact39:15

53:8,1955:8

33:2034:1,6,7

felt 30:2233:8

fractions 60:20

73:1474:1

67:4,669:9,11

34:21,2446:18

48:8,9

framed 6:22

exactly 44:6

73:14,17 78:5

51:260:19

ferrous 22:14

frequently 26:9

Examination 3:9 expansions

65:21 70:18

23:2

friends 76:22

Page 91

from 4:21 9:9

21:23

74:12

hair 43:17

40:441:12,16

(

10:2 11:14

generate 52:12

goes 21:2 56: 18

half72:19

42:5,21 43:2

13:24 14:3

54:14,1455:10 going 12:14 19:7

hallways

73 :21

43:2444:5,6

23:3,13 25:11

63:16,2069:21

20:425:7,15

hand 19:7 20:4

44:2446:6,9

26:1,18,19

70:1771:19

26:1432:11

25:726:14

46:1949:20,24

27:1 28:2

77:21

33:2435:17,21

handing 17: 11

50:2,6,14,17

31:2132:12,13

generated 4:23

36:6,1042:13

18:19

52:19,2253:2

32:16,21 37:23

9:8 10:12

43:11 44:7,10

handle 29:11

53:5,13,16

40: 10,11 42:8

11 :17,23 12:5

44:1946:15

happening 56:11

55:15,17,20,23

43:1044:17

17:1 21 :20

49:8 57:24

happens 48:4

56:1,558:13

45:1846:17

25:5 76:6

58:1068:6

hardship 48: 10

58: 16, 16,19,24

47:549:1,15

generates 69:

80:17 82:4,8

harmful 49:12

59:3,8,19 60:4

54:2,655:5

generating 11 :19 gone 7:23 61:3

Harvey 11 :20,23

60:7,11 61 :6,8

56:12,21 57:18

47:6

75:12

35:1

61:12,1462:16

57:1963:17

generation 26:20

good4:15:6

hau145:14

63:1064:13

66:2067:8

27:529:12

45:11 46:1

having

16: 11

67:14,18,21

69:1571:1,7,9

generations 43:6

58:6

. 57:21 82:7

68:4,9,13,16

71:11,14,18,18

43:11 50:20

government

HAY2:12

68:18,2470:5

73:474:2

generator 8:3

45:19

hazardous 15:20

70:9,13,19

77:10,1278:12

10:13,22 13:24

Grand2:3,18

21:822:2,5

71:2372:1,6

78:1879:5

14:225:4,22

grandchildren

29:10,1232:18

72:1874:19,21

80:1281:10,14

26:2,2227:2,7

50:2056:4

47:17,1949:11

75:5,876:19

front 83:3

27:1737:20

57:262:3

49:14,1450:21

76:23 79:21

frustration

38:5,20,21

grandfather

51:12,1552:10

80: 1,5,8, 14,24

58:20

39:5,641

47:22

60:2363:19

81:7,11,12

full 8:19 15:10

46:2347:1

grandfathered

69:21 70:24

82:4,6,1483:1

30:758:11

53:9,21 54:9

47:2049:17

76:477:19

83:9,11 84:12

77:7

54:16,21 55:3

grandfathering

health 9: 1 22:7

hearings 12:17

fully 52:14

55:657:5,7,9

48:7

24:21 25:2

Heart 50:9,10,14

funds45:18

60:14,1876:16

grandmother

44:7,1548:20

52:1472:11

furnace 32:12

77:1878:1,3,8

43:4

65:966:22

heartened 62:21

further 12:11

78:23

grant 82:4,8

hear 56:3 63:8

62:23 63:3

13:1728:4,11

gentlemen 58:24

granting 66: 13

heard 44:9,13

heat22:1623:1

41:13 45:10

61 :8

grave 50:17,18

47:8 59:22

heated 22:23

80:11 83:5

Gerard 63:13,14 great 44:22

63:21 80:12

heavy 48:20,24

future 50:20

gets 39: 1 69: 15

greater 22: 18

hearing 1:13,17

height 51:7

57:21 60:1

getting 60:20

great-grandfa...

2:23:3,214:1

held 1:1412:17

F-o-x 53:17

63:5

48:18

4:2,11,14,15

70:19

give4:1634:11

green 46:3

4:245:6,13,17

help 56:10

50:11 58:7,8,9

GREETING 3:3

5:21 6:6,8,10

her43:15,17,18

G 1:1584:6,21

59:11 67:19

ground 51:8

6:12 7:7 12:19

80:1

gain 78:2

79:22

grounds 4:22

13:6,7,10 14:7

high 49:678:21

Gale 1:1584:6

given 27:19 36:3

group 49:21

14:8,10,13,16

highest 49:4

84:21

78:23

50:10

14:20,22,24

79:13,14

game 75:13

giving 46: 10

growing 77: 14

15:2 17:9,10

highlights

71 :17

games 54:17

glaring 79:8

guess 57:17

18:15,1728:4

highly 77:6

garbage 54:7

go 42:22 46:3

G-e-r-a-r-d

28:6,9,13,16

hill 77:14 78:21

Gary46:12

52:253:5 55:7

63:14

28:19,2233:24 him34:1735:21

gaseous 79:12

56:13 58:9

34:1635:21

40:1968:23

general

5: 15

59:1060:10

36:6,2237:1

70:2471:6

Page 92

75:1

5:156:4,11,16

indicator 11: 1

74:23

58:14,17 59:9

history 82:21

7:89:16 10:7

individual 31 :9

issued 10:5

74:23 75:5

hold 13:4 55:17

10:17,1811:9

31 :10

31: 10 74:2,3

keeps 78:11

holding 39:5

11 :20 13:12,16 industrial 22:3

issues 6:21 29:11

key 10:9

50:14

16:9 18:14

industries 77: 10

35:11 44:10,18

Kim 68:11,15,16

holes 57:7

27:11 29:8,15

industry 15:18

49:1059:4,7

kirid44:2263:18

homogeneously

30:2031:6

16:1446:24

66:2275:1,2

73:21 77:2

24:2

33:335:1,5,12

inextricably

82:7

kinds 12:10

homogenous

45:4,6,18

8:23

1-5511:9

know 4:8 18:21

23:22,24

49:1850:9,11

inform 13: 18

25:926:16

hope45:10 46:3

50:13,15,16

information

32:1036:4,21

52:1663:3

52:1455:12

33:2234:12

J2:826:15

42:1843:10

71:2279:16

63:1 66:767:2

80:2381:10,13

Janaki 2:8 5:9

44:21 48:19,21

hopefully 43:6

69:4,670:4

81:14,17

13:1

49:3,5 57:4,6

hoping 58:1 59:8

72:11 74:6

informed 34:12

January 65:1

59:1,3,12,15

horizontal 30:6

75:1877:15

initial 25 :24

70:2073:19

79:2082:16

horseshoe

72: 17

84:1,7,13,22

initially 22: 18

Jay 52:24

knowing 45:24

hour72:19

immediately

input 54:24

Jean 62:20

82:6

houses 32:

79:9,11

insight 72: 13

job 16:1729:7,7

knowledge

73:3

imply 55:2

inspection 26:

41:743:16

17:2433:16

hugely 51:5

import 16:7

instances 10:4

61 :18

83:3

humans 48:22

important 59:2

instead 8: 10

joined 5:11

known 8:15

hundred 9:3

82:21

45:10

joint 3:18 14:14

45:2249:11

husband 43:7

importing 49: 13 instructed 4: 17

14:21

51:24

hydroxides 24:9 imposing 66:20

instruction 11 :4

Journal 70:2

knows 7:8,13

hyphen 55:22

imposition 65:8

intends 10:14

Joyce 50:4

55:1064:9

impossible 58:6

intent 11:2

judgment83:12

74:22

impressions

interest 66: 16

July 40:11

Koty 50:23

idea 69:14

34:11

introduced

June 75:20

56:12

ideally 47:19

improved 22: 19

13:21

jurisdiction 69:8

K-i-m68:11

identical33:11

inappropriate

introductory

76:11,12

K06332:18

65:23 73:6

36:18

81 :16

just 8:1 37:3

identification

incinerated 9: 10 inventory 79:14

39:1840:5,7

14:12

include 66:4

involved 11:7

42:1846:10

L 15:12

Identified

3: 18

74:17

33:17 57:15,17

47:8 53:5,12

label 54:20

identities 43:14

included 17:

58:4,562:22

54:5,21 55:11

laboratories

IEPA4:46:24

18:2227:5,21

involves 53 :24

56:23 57:22

43:2270:19

10:3,5 11:6,10

41:9

involving 63:

59:1561:2,3

73:21

11:14,15,16,22

includes 26:

ions 24:9,15

61:1868:6,21

Laboratory 43:8

16:11,13 18:3

including 48:24

irrelevant 75:4

69:2270:14,18

lack 51:2467:8

22:425:21

76:7

issuance 7:1,12

70:21 71:16

Ladies 58:24

26:7,927:14

inclusive 84:9

14:5

72:21 73:13

61:8

54:20,2255:13

incoming 8:10

issue4:6,1711:6

74:1283:2

Lake 9:20

63:864:20

9:222:9

13:11,12,22

J-a-y 52:24

land 24:2225:3

65:1 66:18

increase 23: 14

30:21 31:7

J-o-y-c-e 50:5

25:1529:9

67:1,578:6

51:5

33:11 34:13

82:18,19

IEPA's69:7

indicated 13:19

35:11,2442:6

landfill 4:8,19

Illinois

1: 1,6, 17

36:1541:4

44:846:23

Karen 64:16

8:4,20 11:8,12

1:182:2,3,10

72:2280:24

50:17,1859:24

Kathy 60:8

12:1 16:5,18

2:14,17,19

. 81 :16

62:2369:18

keep 44:2058:10

19:1,12,20,22

Page 93

20:1921:9,18

lead 49:462:12

limiting 24:9

look 10:1911:3

makes 49:11

(

24:1925:18

78:19

line 36:760:

13:659:16

56:21

80:1

28:3 32:9,11

leak 62:8

liners 52:3,8

63:19

making 12:11

..".

34:21 35:2,2

leaking 43 :21

56:15,16

looked 63: 16

42:13 83:2

38:4,1642:7

least 10:4 30:13

lining 62:7

. looking 11 :9

management

44:847:15

44:2053:9

linked 50:22

40:8

15:20 16:4

48:2349:13,16

59:11 82:12

liquor32:14,17

loose 77:2

22:226:20

49:1951:6,11

leave 68:21

54:12,14

losses 52:4

manager 15 :21

52:1,1053:8

leaves 59:12

listed 25:2226:2 lot44:1845:22

15:22

53:1956:13

leeway 44:

11 ,20

26:2227:6

56:1957:8

manner4:11

65:4,17,21

left 78:14

listen 68:5

60:962:22

29:24

67:4,7,770:17

legal 12:7 30:17

listing 54:23

70:1575:2

Manning 2: 13

77:7,13 78:5

34:536:11,13

little 46:24 57:1

82:19

3:5,125:6,7,20

78:1779:3,7,9

45:1281:21

57:2058:10

louder 55:4

6:8 14:8,20

79:19

83:11

72:13,23

L143812003

28:1233:24

landfilled 24:24

legally 25:3

live 53:1856:12

40:9

34:1435:17

49:1

legislative

11 :2

61:1972:12

36:637:3,5

landfilling

71 :21 legislature 36:4

living 61 :22

40:2,5,7,20

landfills

15: 16

legitimate 79:20 Livingston 11:8

M2:1719:7

42:443:24

landfill's69:11

let42:18,21

12:1,234:22

Madam 5:6,21

58:1359:17

79:12

lets 78:

LLP2:12

6:8 13:10 14:8

68:1,572:21

language 11 :1,3

letter 6: 17,22

load-bearing

14:20,24 17:9

73:1 74:21

11:10,21 39:10

11:1436:21

22:20

18:1528:4

80:16,1982:10

39: 15,22

54: 18

64:18,2067:2

loaves 43 :22

33:2436:6

82:1883:7

54:22

81:2282:24

local 4:20 7:2

43:2458:13

manufacturer

large 51:6 52:4

let's58:10 61:4

9:23 30:14

74:21

71:19

last 44:6 45:23

75:5

36:342:8

made 6:24 30:16

manufacturing

57:23 59:8

level 49:4 50:22

51:1852:12

33:1258:5

78:24

62:23 69:16

51:8

53:2255:5

64:3 80:20

many 48:23

70:1 76:3

License 84:22

66:1467:9

magic 38:14

March 64:19

last-ditch 55:11

licensing 58: 8

69:11 74:3,10

mailbox

41 :22

Mark 3:11 28:15

late 10:9

life 62:2,9

74:11,1675:12

main 1:182:9

29:1 40:11,12

lateral 51: 11

light 78:12

75:13,1676:10

31:18,1879:10

40:1841:3

73:16

like 5:4,196:6

locate 25: 14

79:11

81:20

law 2:9,13,187:4

10:1211:2,3

locater25:12,13

maintain 25:19

marked 14:11

7:7,7 8:5 10:22

13:8 14:21

25:17,20,23,24

major 50:23

17:11 18:19

12:16,20 13:3

37:241:16

26:341:6

majority 51:20

20:525:8

13:4 34:4

42:2,11 44:6

54:19

make 4:95:5,19

26:14

47:2349:1

44:1250:11,18 location 18:

6:7 13:830:18

mass 22:1823:4

63:769:7

59:11,13 60:5

18:13 45:22

33:3 35:542:2

23:6,1224:1

lawful 24:22

67:10,12,23

56:2361:18

42:12,14,17

massive

78 :21

laws 35:2460:15

69:2071 :24

62:13

43:244:5

material 8:11,13

63:6,22

72: 15,20 76:23 log25:12,13,17

56:19,2058:6

22: 18,20 24:

lawsuits 45:11

80:3,9,1581:7

25:24

58:2059:20

37:10

lawyer 11 :15

81:1283:5

logs 25:20,23

62:2063:21

materials

11 :23

74:22

lime 32:16

26:341:6

64:10,11,18

14:320:20

(

lawyers 74:13

limit 4: 17 24:16

54:19

76:981 :2,4,7

22:9,11 23:3,8

leachability

limitation 54:22 long 38:1647:13

83:9

24:1232:10

24:10,16

limitations 54:

59:10,17

maker 76:1

45:2278:12

leachate 52:4

limited 83:3

longer 8:8 78:4

makers 11:2

math38:12

Page 94

matter 1:14 6:13

23:926:341:3

76:12 79:4

near 11 :8,12

noticed 4:24

(

7:4 10:1 35:19

met38:16

morning4:15:6 nearly 77:7

November 1:19

39:11 48:11

metal 24:9,10,14

most31:16

necessary 11: 12

4:4 41 :19,20

62:6,874:6

24:15,16

49:1454:13

30:2336:4

65:13 84:13,15

76:2

metals 48:20,24

65:970:16

need 11:3 13:21

number 14:11

matters 5: 18

methods 22:3

78:16

46:952:22

14:18,19,21

may6:10 14:23

MGP21:11

mostly 78: 11

58:1774:10,22

18:640:9,9

15:217:9

Michelle 2: 17

motion 81:6 82:5

76:1078:4

65:567:677:3

18:1523:11

5:14

82:8,11,15,16

82:16

77:10

28:13 40:18

might45:1848:2

motions 82:7

needs 44:2

43:244:13

56:19,1957:1

mountain 51 :8,9 negative 24: 14

47:2,251:18

57:2,3,8 74:21

move 62:

13 81:8 neutral 4: 11

oath 15:7 29:3

58:2059:7,14

miles 11:19 62:9 moved 22:12

never 33:16

object 34:1

59:14,2075:7

62:972:12

MPG78:24

36:1443:19

35:17

76:11 80:2

mill 54:12

much 5:1722:18 Nevertheless

objection 36:7

82:15

million 56:20

30:540:21

47:20

58:2059:20

maybe44:15

millions 50:21

48:1952:18

new4:197:5,5

objects 14:17

Ma'am42:11

57:19

55:460:3 62:6

7:179:14

obviously 37:6

50:253:14

mills 54:13

62:8 71 :21

34:21 35:2

70:1475:2

55:

18 60:5

mind 36:20 54:6

78:9

43:1645:16

occasions 72:23

62:1863:11

mine 56:24

multiple 49:23

46:1847:16

occurred 39:14

.64:14

minor 13:15

69:15

48:11 51:2,5,8

occurring 22: 16

mean 37:23

minute 44:21

murky59:5

51 :11,12,15

24:7

38:14

minutes 59:11

must 41:24 47:7

52:677:12,14

occurs 22: 17

meaning 22: 16

missed 80:2

48:8

newest 48:2

off59:10 73:12

63:24

mister 68:23

myself30:12

next 61: 10

offer44:11,20

mechanical

mix56:15

56:3 57:6,9

nice 58:4

56:6

29:19

mixed

8: 17,24

62:4

Nightingale

officer 1:173:3

medicine 47:23

24:243:23

M-e-i-n-r-i-c-h

40:12

3:21 4:1,25:6

meet 9:1 24:21

mixer 22: 19

53:1

nobody 14:17

5:13,17,21 6:6

meeting 48: 1

.mixing 22: 12,13

63:21

6:8,10,127:8

64:2369:17

78:10

nonhardening

13:7,10 14:7,8

70:1973:20

modification

N3:1

78:11

14: 1

0, 13,16,20

Meginnes 2:7,8

7:11

30:251:3

Nair 2:83:95:9

nonhazardous

14:22,24 15:2

5:11,23 12:14

51:1452:16

5:9 13:1 14:24

21:1564:6,7

17:9,10 18:15

69:17

64:21,2465:16

15:9 17:9

normally 41:9

18:1728:5,6,9

Meinrich 52:24

65:23 66:1,4,9

18:15,1828:4

North 2:3,18

28: 13,16,19,22

52:2453:4,7

66:13 67:4,6

name4:15:7,9

Northern 43:7

33:2434:16

member 16:3

69:5 73:5,23

5:14 15:10

Northwestern

35:21 36:6,22

50:1069:3

modify4:717:18

28:1929:6

10:7,10,12

37:1 40:4

70:11 76:24

moment 13:1

42:9,2243:18

31:23 32:22

41 :12,1642:5

members 2:24

money43:15

46:11 50:3,4

39:23

42:21 43:2,24

4:156:10

45:13 47:4

52:23 53:16

nose43:16

44:5,2446:6,9

16:1450:15

56:1957:15,17

55:2060:7

notary 1:1584:6

46:1949:20,24

memo40:11

57:17,1858:3

61:1262:20

notes 81:15

50:2,652:19

memorandum

58:5 62:13

63:13 72:4,9

84:11

52:22

53 :2,5

(

81:17

more 15:19

named 78:3

nothing 28:4

53:13,1655:15

memos 36:16

45:1648:19,22

nation 49:478:9

45:2,559:4

55:17,20,23

mention 67:1

56:21 57:1

79:15

60:1961:1

56:1,5 58:13

mentioned 23:2

58:21 64:3

National 16:3

62:11

58:19,2459:19

Page 95

60:4,7,11 61:6

32:8

47:548:20

40: 13 81 :16

54:23 55:2,10

(

61 :8,12,14

on-site 54:12

49:1250:21

part 6:2 17:18

56:21 57:5

62:1663:10

open 51 :11,13

51:1052:7

19:2420:8

60:13 63:2

64:13 67:14,18

opening 3:45:19

54:1956:14

22:13 25:12

65:667:2,6

67:21 68:4,9

6:7 13:873:8

59:761:19

26:3 34:7 36:9

69:14,2470:16

68:13,16,18,24

operate 47:21

69:1971:1,4

40:850:17

70:19,2271:11

70:5,9,13

48:3,1057:12

71:1972:16

51:10,1252:5

73:6,21,23

71:23 72:6

57:1458:8

74:1979:2

53:961:20

74:1,7,9,15

74:21 75:5,8

operated 9: 11,13 ought 81:11

63:2 75:11

75:22 76:9

76:19,23 79:21

operating 10:8

ourselves 61 :4

79:22

77:10,11,14,17

80: 1,5,8, 14,24

. 20:1,325:12

out38:1440:14

partially 52:3

77:2378:1,2,6

81:1282:4,14

26:4,6,10

48:1654:4

participate

78:7,23 79:3

83:1,984:12

48:14

56:9,16,18

16:1059:13

79:12,17

official 79:

operation 9:7

58:2,1263:5

participation

PDC's4:18

Oh37:1

22:236:5,5

63:1576:15

83:15

21:21

24:i 7

okay 5:19 14:10

52:965:17

outlines 65:2

particular 32:20

31:2433:15

14:13,2328:9

78:5

outside 54:2

33:674:23

42:753:19

34:1637:1

operational 77:5

71:974:16

parties 5:442:16

55:465:12

42:543:2

operations 7: 17

79:16

71:2472:17

67:569:5

44:2449:24

11:23 15:16,22 over47:1550:15

80:15

74:1877:22

53:558:11

15:23 16:19

50:2252:2,9

parts 34:10

78:979:9

60:11 70:13

operator 12:22

53:1460:4,13

pass 70:3

pendency 74:6

80:7,12

opinion 40: 15,16

62:1,17,17,18

passed 16:12

pending 66: 12

okaying 60:2

50:2351:17

62:23 63:11

64:22

73:10

old45:15

54:9

69:873:20

past 16:4 60:1

people 43: 13

omission 79:8

opportunity

79:19

pause 40:6 46:8

45:850:18,19

once

23 :6,19

10:19 18:2

overall 79:8

50:1 52:21

54:13 56:10

26:1227:13

44:2,13 50:16

own 8:3 9:8 10:2

53:1555:19

57:1658:4,5

one 6:23 9:3

oppose 65:2

10:11 12:5

60:661:11

59:1,2,9,10

12:21 13:11,15

opposed 49: 13

38:347:12,13

62:1963:12

60:262:5,14

16:521:232:4

53:1866:11

76:7

64:1568:10

62:2272:12,16

32:1738:7

71:21

owned 9:11,13

70:672:3

73:2077:3

40:842:9

opposes 66:18

11:1634:22

pay 57:21

people's

71 :20

46:1547:23

opposition 64:23

47:4

PCB 1:5 4:3

peoria 1:3,16,18

56:2462:8,17

order 81:12

owns 47: 11 ,12

21:13

2:104:3,85:7

72:12,1474:3

orderly 4: 11

Ozuna 55:21

PCBs 48:24

5:10,127:1,13

75:23 76:12

organic 43:7

OZUNA-THO... PCB's 79:4

7:22,248:2,8

79:4 80:4

organization

. 55:21,2456:3

PDC 4:235:19

8:16,23 10:13

82:22

77:3

56:659:23

13:11,14,23

10:17,21 12:23

oidy

5:207:5

original 11 :7

O-z-u-n-a 55:21

14:2,23 18:23

15:13 18:14

8:109:4 11:3

48:684:10

21:726:227:6

25:626:24

11:1712:21

originally

7: 13

27:1728:11

38:1945:2

20:20,2221:17

11:13,1531:17

page3:2,417:12

33:1941:4

47:1648:6,12

21:2034:4

33:747:12

17:12,2020:6

42:243:22

48:1549:3,5,9

39:345:21,21

other 6:1 8:19,23

60:870:23

45:3,6,9,11,21

49:16,2250:14

46:4 54:1

11:4 19:221:3

pages 18:6,8

46:4 47:4

50:18,1951:19

(

59:2463:4

22:11 23:15

19:926:16

48:18 50:22,24

51:2253:18

66:1 73:3

27:2,1529:11

84:9

51:3,10,13,21

55:8,1260:16

80:19

34:1535:11

paper 77:24

51 :23 52:5,11

61: 17,19,22

onsite 17:1 28:2

38:1046:17

paragraph

53:21,23 54:16

62:1,5,10,11

62:1564:17,18

64:20,22,24

65:6,7,10,15

65:17,18,19,20

65 :21 ,22,24

66:3,6,8,11,11

66:14,16,19,20

66:21 67:3,9

67:11 68:19

69:3,8 70:2,11

72:7,1073:7

73:11,1975:17

77:5,13 78:4

79:10,1184:2

.84:7,12

Peoria's77:7

79:10

percent 8:9,18

9:323:6,14

37:9,2238:15

54:1 60:21

66:277:9

percentage 23:4

49:4

perhaps 45:23

48:2 73:2

period 48:3

permanent 64:8

permanently

64:11

permission

18:1648:1

67:8

permit 1:5 4:7

6:1,2,17,20,21

6:22,237:1,10

7:11,23,248:8

8:14,21 10:5,6

10:14,2011:6

12:17,19,24

13:13 14:6

16:2217:18

19:2420:8,8

20:13 29:10,10

29:2030:2,16

31:18,2132:4

33:23 34:20

35:936:11,21

41:8,1044:3

44:1045:9

47:21 48:11,14

49:17

51 :3,14

52:1664:21,24

65:16,23 66:4

66:9,9,1267:2

67:669:573:5

74:1,276:10

77:5,12,14

78:5,1779:2

79:1881:15,22

82:24

permits 31 :10

permitted 10:9

19:2320:2,10

22:1

permitting 11:8

13:17

permit's8:1

person 46:23

47:2456:19

62:1863:11

personalities

56:7,8

personality 56:9

person's 12:5

76:7

pertain 32:6

33:23 34:19

pertains 31 :2,3

Petitioner 1:4

2:11,153:7

Petitioner's4:7

41 :19,21

pH24:8

photo 19:3

photograph

18:22.

Phyllis 42:10,24

physical 23 :15

64:4

physically 22:5

64:3

physicians 49:9

49:22

Ph.D 43:7

pickle 32:14,17

54:12,14

Pioletti 61: 13,13

61:16

pitched 51:7

place 56:11,23

57:8

placed 19:13

22:1825:18

31:1732:11

placement 25: 15

26:1

plain 57:1

plaintiffs 9:24

plan 12:7 19:11

34:23

51 :15

70:274:8,9,15

plans 51 :21

plant 17:2 18:24

20:21 21:3

22:1223:19

28:245:12,17

plastic 62:7

plausible 52:10

play 54: 1761:4

please 5:56:10

13:10 15:10

28:2040:5

46:11 50:3

52:23 53:16

55:17,2058:24

60:761:9,10

61:12,1575:1

75:8

pleased 63:8

ploy 57:10,11

point 32:17,19

56:1879:20

83:1

poison

43 :21

pollution 1: 1 2:2

4:2,9,196:4,11

6:127:5,6,18

7:199:21,22

12:3 16:11,14

45:449:18

50:13 51:2

55:1269:6

70:373:10

74:6,1475:13

75: 16,18,21 ,24

76:1 77:15

polychlorinated

79:4

Pontiac 11:9,13

poorly 49: 16

portion 20:8

26:21 40:13

59:14

portions 19:20

position 15:

29:13 65:2

67:1482:22,24

82:24

positive 24: 14

possible

23 :24

post57:772:1

potential 46: 16

potentially

56:20

power 61:24

pozzolanic 24:

24:12

pray45:6

precedent 7: 1

precious 62: 14

preempted 9:23

prefer 80:10

preliminary

5:18,20

preparation

17:3

prepare 27:9

prepared 27:13

60:9

present 2: 1,22

2:24 12:7,8,21

14:924:13

41:

1446:19

57:21

presented 51 :21

51:2280:23

presently 5: 11

president 15:15

15:23,24

pretty 30:533:9

prevent 44: 17

45:3,5

prevents 66:19

73 :23

previously 10:3

20:4 25:7

65:19

price 57:21

principle 56:9

Page 96

principles 56:7

prior 14:5 22:7

58:1681:7

priority 7:12

privilege

81 :19

privileged 82:2

probably 45:4

67:23

problem 38:9

45:21 64:3

problems 52: 1

procedural 5:3

42:1

procedure 31 :16

proceed 13:2

30:1934:17

83:9

proceedings

4:1240:646:8

50:1 52:21

53:1555:19

60:661:11

62:1963:12

64:1566:5

68:1070:6

72:3 83:14,17

84:11

process 8:2,12

8:249:4 10:19

13:1720:20

22:3,8,1424:4

24:631:7,19

31:2036:15

54:1 55:1

60:1961:1

64:265:577:2

processed 23: 19

25:1

processes

81 :23

produce 47:7

63:17,21 77:21

produced 33:1,6

47:12

producer 10:23

46:24

producers 77:24

producing 22: 16

product 8:22

23:21 37:24

47:1,3,7,9,11

Page 97

64:

11 71:18

16:21,23

21 :23

ran 58:12

40:12

related 59:6

(

81:18

purposes 6:3,19

rather 67:22

record 4:12,14

69:11 74:19

production

14:237:20

68:2269:17

5:5,18,246:1,4

relating 33:19

32:13

38:18,20,22

77:19,2378:3

13:19 15:11

relation 76:21

products 43: 13

39:21 40:7

78:8

17:12 18:3

release 79:13

professional

pursuant 4:24

RCRA 1:5 10:5

25:1226:4,6

relevance 59:21

16:1 74:13

5:1 8:14

10:917:18

26:10,1228:20

relevant 7: 15

professor 78:18

put 5:24 31:18 .

19:2420:8

36:8,17,17

10:23 11:10

prohibited 48 :24

36:1738:15,24

38:18,20,22

40:746:20

12:4,942:6

promise 57:13

39:1743:17

reaction 22:15

47:1458:17

44:358:14,18

promised 58:1

45:13 56:16

22:17,21 47:9

59:16,1867:11

58:21 74:23,24

proposed 4: 18

59:1762:7

read 67:21,22

68:21,2272:20

75:1081:24

7:15 18:24

64:273:12

readily 12:18

81:9,10,12

82:1

20:1842:7

79:3

ready 5:22

82:23

remain 69: 11

65:5,2066:1

putting 60:22

reagent 8:22

recorded 84: 11

82:1

73:7,17

P-h-y-I-I-i-s

reagents 8:13,16 recycling

67: 16

remand 6:18

proposing 46: 18

42:24

8:2422:13,22

redacted 36:9

remarks 62:21

77:18

P-i-o-I-e-t-t-i

22:2437:11

40:10,1481:9

remember 69:22

protect 60: 15

61:16

38:2,3

81: 10,13,14,17 remind 71 :24

62:2466:16

P-r-y-d-e 43: 1

realize 70:

81:1882:23

removed 32:21

protected 69: 13

P.C2:7

realizing 77: 13

redacting 36: 16

render 22:6

Protection 1:6

P.02:19

really 12:6,12

Redirect 3:13

renders 22:17

2:175:166:16

13:21 33:5

41 :1

replied 71:2

7:99:16 10:17

39:21 44:2,10

refer 30:17 54:9

reply 41 :21

29:945:7

qualifies 4:21

59:463:4

referenced

31 :24 report 26: 18,21

52:1563:1

42:7

76:1379:19

33:10,15

27:4,10

76:5

qualify 7:2073:9

reason

13: 14

referring 34:9

reporter 15:3

protective 65:9

quality 43:5

36:747:24

41:5

28:1732:15

provide 66:15

question 12:15

56:2257:11

regarding 44:9

42:2246:11

provides 9:6

12:16,18 18:12

75:9

47:17 51:14

67:1984:4

Pryde 42:9,10,19

33:5 37:21

reasonable

64:2067:2

reports 26:23

42:20,24,24

79:17

54:15

76:4

27:2,6,1241:6

43:4 44:23

.questioned 34:6

recall 32:7

regardless

57: 13

54:19

45:1

questioning 13:2

receive 7:2 37:23

57:14

represent 63:9

public 1: 16 2:24

questions 28:8

received 23:3

regards 49:3

representations

3:144:15,16

30:13 34:4

47:21

regulated

32: 18

17:22

4:1641:23,24

36:13 37:3

receiver 77:6

regulation 25: 14 representatives

42:6,14,16,17

40:21 46:14,16

receives 78:9

32:21

16:13

44:1,7,15

46:2047:14

receiving 22: 10

regulations

representing

46:1048:13,14

70:21

30:11 47:4

16:1224:7

49:21 50:6

58:1659:18,19

quickly 67:22

recently 79:3

38:1747:16

53:256:1,3

59:21 64:18,20

quote 69: 18,20

recite 27:16

48:11 79:9

68:18,1970:9

66:768:2,6,8

69:2370:1

reclassification

82:20

72:7,1077:1

70:1972:1

74:876:6

49:19

regulators

48: 12 repute 82: 19

80:23 82:23

quoting 69:19

reclassify

53 :21

regulatory 9: 1

request 17:18

84:6

recognize

17: 13

27:1555:1

30:251 :4,14

purchased 8:16

19:920:6

reinvent

60: 13

51 :2064:21

8:2223:10

raise 82:15

recognized

61 :4

65:3 67:4,5

purity 61 :23

Raithel 64: 16,16

47:18

reiterate 68:7

69:571:22

purpose 4:109:7

67:16,20

recommends

rejected 9:24

73:581:21

Page 98

requested 7:11

response 36:23

room 1:1845:1

seat 15:3

show 51:4,15

(

10:1430:12

80:13 81:20

69:1970:16

second 9: 18 11:5 showed 52:4

require 7: 12

responsibility

roughly 66: 1,2

40:5

showing 52:4

31 :21 35:8

59:2460:2

Route 11:12

section 7:2,4 9:5

shown 43:22

required 10: 10

responsible

ROYAL 2:23

9:629:10

shows 18:23,23

11 :20 13:3,13

16:18

rule41:22

30:16,2435:10 side

61 :19 72: 16

14:517:17

rest 40: 13 49:6

ruled 10:24

39:1051:6

Sierra 50:9,11

25:1426:8

restricted 24:20

rules 5:1,3 16:8

76:5,7,8,9

50:1552:14

27:3 30:15

resultant 22:6

16:939:13

sections 5:2

72:11 76:24

46:20

retained 3:21

42:1 61:5

see 46:2448:3

signator 12:23

requirements

retirement 45: 14 ruling 69:4 83:2

57:5,11 69:20

signature 17:19

31:16

returned 45:20

run 45:11 74:14

75:22

silicates 24: 13

requires 25:19

reversal 6:15

rura153:18

seeking 47:24

24:13

27:931:3

reverse

6: 18

ruse 50:2463:2

77:12

silliness 58:10

Rescue

77:1

review 6:19

Ryan 2:173:6

seeks 6:157:24

silt45:14,16

Research 43:8

10:24 13:4

3:12,13 5:14

8:3 10:6

similar

11 :6,11

reserve 42:3,4

18:2,526:7,8,9

5:1413:8,10

seem 52:11

39:19,2056:20

reservoir 57:20

26:1229:23

14:1528:7,8

seems 35:13

simple 46:22

residential 8:4

30:7,1833:18

28:13,1529:5

60:14

simply 10:11

12:1 72:22

34:1039:16

34:7 36:22,24

seen 64:9

45:654:24

residents 65:

41:765:4

40:4,1841 :2

SEGHETTI2:7

68:8

residual 4: 19 8:6

reviewed 9:19

41:11,13,15

sell 47: 1

since 10:9

11: 16

8:15,19,209:5

31:934:9

80:1881:14

semantic

63 :23

27:4 29:13

18:2419:11

reviewer 29:

83:8

semantics

61 :24

single 13: 11

20:1921:8,18

41:8

R-a-i-t-h-e-l

63:15

54:23

37:1038:9

reviewer's 81:

64:16

semiautomatic

Sir 61:10

42:761:1 67:7

reviewing 34: 10

31:20

sit 44:

14 48:17

73:1,2

reviews 39:3

send64:1867:1

68:576:23

residue 8:15,18

revision 39:12

safety 44:7,15

sense 30:449:

site 9: 11 19: 11

21:17,2022:6

39:14

65:9

53:2369:16

20:2421:21

23:13,17,22

RIFFLE 2:7

same 10:3,6

senses 30:5

45:946:15

25:5,2327:17

right 17:17

11 :21 12:4

sent 64:20

47:18,2048:7

residues

17: 1

21 :2237:1

39:10,15,22

separate 23 :24

48:21 73:6

24:2325:1

39:1740:2

47:951

:21

31:8,21 53:11

77:22

26:2327:7

56:5 57:3 58:8

63:18,20,24

59:564:1

sited 49:16

28:1

68:1,469:12

73:14,1774:1

72:23

sites

45: 15,16

resolution 64:22

71:1675:5,6

74:3

separated 38:14

46:1749:15

65:2,14,15

76:13,15,20

San 50:23 56:12

38:1547:10

siting 4:207:2

resolved 66: 10

80:14

sands 50:22

seriously 62:2

7:12,14,16,20

resource 67:

risk 9: 1 22:7

savanna 45: 17

served 15:21

8:59:9,23

respect 30:

24:21 25:2

45:20

16:4,6

10:1011:7,11

33:4 35:6 44:1

river 56: 12,24

saying 44:

service 69:21

11:14,20 13:12

respectfully

61:1977:1

47:667:11

several 36:8

13:13,16 14:3

66:21 69:6

Roach 62:20,20

says 7:947:23

share 40: 16,18

14:530:14,21

75:10,22

road 18:14 64:9

53:23 75:22

40:19

30:2233:4,5

respects 56:6

role 62:24

77:2378:23

shelf73:12,12

34:1235:6,8

Respondent 1:7

roll 66:23

scariest 43:

short 7:1962:21

35:10,11,14

2:203:10

Ron 3:8 12:21

schedule 41:

76:3,8

36:4,11 37:20

Respondent's

15:1,5,12

science 29:18

shorthand 55: 1

38:1039:12

41:20

70:22 76:21

43:9

shortly 5:22

42:851:18

Page 99

52:1253:22

sources 77:20

63:883:14

stipulation 5:22

46:1749:15

55:658:16

South 2:14

standards 9: 1

13:20

supervise 17:3

59:2465:12,18

Southport 18: 13

21:522:7

stipulations 14:9

supply 79: 10, 11

65:2066:14

so-called 78:9

24:21 25:2

stop 78:24

support 65: 12

67:9,1273:18

speak 34:3,4,14

48:2

storage 9:7

supports 52: 14

73:1874:3,10

42:11 46:7

standing 58:20

51 :16

Supreme 10:18

74:11,17,19

55:4 63:5 80:3

59:20

stored 9:9

38:19

75: 12,13,16

80:9

Star 70:2 .

storms 56: 17

sure38:1239:15

76:12

speaking 69:

started 77: 1

straightforward

45:23 67:20

sitting 72:

special 5:14

state 1:1615:10

6:15

surrounding

situation 11:5

21:1565:5,8

16:829:849:7

stream 31:7,9,11

35:2462:11,15

13:1645:21

65:11 66:15

60:771 :4,7

31: 17,2254:24 suspect 36:9

slip 72:24

specific 6:23

79:14,1584:1

streams

31 :20

Suzanne 63: 13

sludges 23: 18

25:1826:19

84:7

66:2 76:4,14

swear 15:328:17

32:16

73:8,9

stated 60:9

Street 1: 18 2:9

sworn 15:4,6

small 59:14

specifically 7:6

69:1776:10

2:14

28:1829:2.

snaking 73 :21

7:11 11:22

statement 5: 19

stress 52:7

42:1446:9

sold 47:3,4

16:24 18:5

6:7 12:14 13:9

stretched 48:

52:22

sole 12:1577:18

28:1 53:19

13:22 14:14

strong 51: 19

system 25: 16

solely 4:22

60:14

40:1042:15

strongest 55: 9

S-u-z-a-n-n-e

solid 15:20 16:3

specifics

51 :3

43:3 80:16

strongly 65:8

63:13

some

10:1 11:19 specified 22:4

83:10

structure 51:5

13:1527: 19,21

speculative

statements 3:4

studied 45:8

30:13 32:19

35:18

17:2239:7

stuff38:13 44:22

tactic 77:17

33:1644:11,20 spe1l28:1942:22

64:1781

style 43:17

take 13:22 34:24

47:848:3

46:

11 50:2

states 49:2 69:15 subject 4:20

42:645:13

49:1453:9

52:23 61:14

71:1 77:11,21

8:21 9:3 19:21

47:557:1 60:2

54:1757:16

spelled 29:6

statutory 11: 1,9

19:2320:15

61:2462:12,13

58:21 59:7,21

spend 44:18

39:9

26:729:21

63:2472:20

61:4 67:21

spent 32:13,17

stay 75:1

38:1042:15

73:12

70:21 73:3

54:12,1474:15 steel 10:7,12

submit 27:14

taken 1:142:2

74:1277:3

74:18

31:2332:13,22

44:1554:19

takes 77:19

somebody 47:

spoke 80:10

32:2433:1

67:11 75:10

talked 73: 15

52:19

spoken 49:22

39:2454:12,13

80:5,11 81:8

talking 37:21

somehow 54:21

spread 62:9

54:14

submitted 41:4

tar 21:11

someone 62:17

spring 69: 16

stenographic

64:2466:22

technical 6:19

70:9

Springfield 2:3

84:10

75:1581:13

16:530:7

something 47:6

2:14,1927:14

stenographica...

subsequent

techniques 22:3

60:21 62:1

74:13

1:15

51:22

technology 24:6

76:279:22

stabilization

STEPHENS

subsidiary 66:6

teeth 43:16

sometime 26:

8:12 12:22

2:12

subtitle 16:8

tell 29:7 31:2

45:3

13:24 14:4

Sterling 10:7

sudden 61:3

53:23

sometimes 56:8

18:2419:14

Steve 40:11

suffering 57:3

ten 47:21 48:8,9

somewhat 33:14

20:1,8

Stevenson 60:8,8 suggest 34:5

49:17

somewhere 79:6 stabilize 54:5

60:12

36:1868:1

tend 24:15

sorry 49:21

stabilized 32:16

still 31:12 57:8

Suite 2:9,14

tenure 29:14

68:13

34:24

73:13 75:23

suited 47:19

ten-year 48:

sort 31 :2041:6

stable 22:19 64:3

79:2

sulfate 22:14

48:15

sought 7:12,14

staff65:6,10

stipulated 12:14

23:2

terms 12: 1238:9

7:1679:3

stand 49:13 63:6

14:13

Superfund

Tessie 70:7

Page 100

testified 15:7

82:22

52:1853:12

70:24

T-e-s-s-i-e 70:7

(

29:3 37:9

things 16:624:8

55:7 56:21,21

travesty 78:7

T-h-o-r-n-t-o-n

38:13

47:1 61:3

57:2,23,23

treat 22:4 76:4

55:22

testify 82:22

67:21 70:15,21

58:7,973:22

treated 9: 10

T-r-a-c-y 53: 17

testifying 36: 19

74:23 79:24

74:11 82:9

23:732:13,15

83:11,13

80:1582:22

83:13

33:743:23

testimony 34:1

83:6

today 7:3,15

treatment 8:2,12

Uh-huh 68: 17

35:1837:6

think 34:7,11,14

10:6,1511:22

8:15,18,249:4

unanimously

44:958:14

35:23 36:2

12:21 13:5,15

9:20 10:19

64:22

59:7,18,20

38:4,743:12

31:12,1433:11

17:120:9,15

unbelievably

60:17

53:8,1254:13

35:15,16,24

20:21 21:2,3

48:16

thank 5: 13,17

54:15,1755:3

40:1642:13

21 :17,20,24

uncap 52:5

6:6,9,11 13:6,7

56:8 57:9,16

44:4,948:17

22:1,823:13

under 7:28:4

14:7,2418:18

58:3,760:12

48:1949:3

23:16,21 24:4

11:613:321:7

28:6,9,2240:2

61:2,21 62:12

50:7,1453:10

24:18,2325:4

21:1824:7

40:20,2141:11

63:2267:22,22

56:258:15,17

25:2326:1,2

33:945:12

41:12,1544:24

68:2270:15,22

59:7,22,24

26:2327:7,17

61 :21 76:4,14

46:5,649:19

71:1772:23

60:3,1762:21

28:229:12

76:1777:4

49:2450:13

81:11,2282:2

69:2,2 70: 10

32:1738:2,3

undergone

52:17 53:12,13

thinking 56:10

80:3,9,10

78:2,2,10

23:1624:4

55:13,1560:3

56:13

83:15

treats 10:22

understand

61:662:15,16

thinks 79: 19

today's39:21

truck 54:7

34:2044:23

63:9,1064:12

third 7:2224:10

81:11

trucked 60: 19

54:13 56:22

64:13 68:24

Thornton 55:22

together 75:6

69:15

58:1983:1

69:1,470:4,5

though 42: 10

told 34:2 46:14

true 17:23 18:8

understandably

71:2372:15

44:1458:4

48:5,5 68:23

79:1784:9

47:2057:15

74:2475:9

73:276:22

Tom 76:20,21

truly 55:5

undue48:10

76:18,1979:20 thought 48: 15

tons 50:21

truth 78:7

unduly 54:23

83:14

74:1081:23

top 78:20

try43:1354:11

unfounded

their 5:56:13

three 8:23 24:8

toxic

43 :20,20,20

54:1759:10

53:11,11

32:8,1234:8

60:22,2472:12

45:22,24,24

63:7,2479:18

Union 49:1,2

34:23,2438:3

through 5:28:13

51:962:7

trying 77: 17

unique 9:14

43:1345:13

18:6,21 20:21

63:1868:20

79:6

unit 21:6 25:15

46:1 49:5,10

26:1655:8

69:3 70:12

tuck43:15

36:11,11

51:1,14,15,24

64:3 73:21

72:1077:6,7

tummy43:15

United 49:2

52:655:4

74:7,1275:12

78:12,22 79:2

turn 13:1 76:2

University 43: 10

56:22,2257:12

80:2084:9

79:4,13

turned 63:2

78:19

59:960:19

throughout 78:9 toxics 77: 14

two 8:19 10:4

unlike

76: 11

62:2,2,3,13

82:20

Tracy 53:17

21:138:8

until 45:23 58:11

64:2365:16

thrown 79:6

traditionally

39:1644:21

79:18

66:269:4

tide 56: 17

12:17

45:247:1,13

untold 77: 10

70:1973:13

tie 75:6

transcript 1: 13

51:1556:15

upheld 77:15

76:1483:15

time

5:46:13

41:1870:20,23

60:2063:24

uphold 69:7 70:4

themselves 39:4

13:5 14:932:4

84:8,10

72:2283:10

urge49:18

54:11,2060:14

32:18,1934:23

transferred 9: 10 type30:1,15

use 79:5

77:20

35:7,1439:22

transformed

32:2267:23

used 51:13

thing 10:4 24: 10

39:23 41 :16

8:12

78:24,24

using 51:21

41:643:12

42:543:14

transported 9:12 types 21: 1 31:4

U.S 22:4

47:1054:3

44:1847:18

11:24

32:10

63 :4,20 80:4

48:1,3,6,9

transporting

typical 27:2

Page 101

validity 53: 10

68:2069:1,4

wastes 9:924:21

38:23 39:12,23

words 8:19

(

value 36:347:2

70:14,1879:21

34:2450:21

42:9 49:2 52:9

38:1055:4

47:2,3,11 54:4

81:3,5

71:2076:6

58:1261:20

63:24

various 66:4 .

wanted 38:2

wastewater 9:20

65:6,1569:2

work29:8,1O.

versus 4:4 23:

wants42:11,14

water 22:1543:6

74:2281 :17

64:1681 :18

vertical 30:5

42:17

61:20,2379:10

82:4,19

worked 55:2

32:8 51:5 52:6

wasn't11 :12

79:11

well-being

61 :20 works 13:17

73:15

33:573:9,11

waved 38:14

62:10

wouldn't12:9,9

very 5:179:19

waste 4:19,23

way20:2331:12 went 64:1

35:1954:8

10:6,19 11:21

8:1,4,6,7,10,15

35:13,2461:4

Wentworth 72:4

56:17

12:422:19,20

8:19,209:2,5,7

64:5

72:4,8,973:2

wrap 80:1583:6

23:2037:3

9:8 10:1,11,13

weather 52:7

74:22 75:6,9

writer 32:4

39:1040:20

10:22,23

11: 17 Webb 1:17 2:4

were2:2416:13

writing 82:13

43:545:1,11

11:1912:1,4

4:1,25:13,17

31:10,17,18

written 44:16

45:2046:1,2

12:22 13:24,24

6:6 13:7 14:7

32:1035:2,16

80:6,11 82:7

52:1858:4

14:3 15:20

14:10,13,16,22

37:638:24

wrong42:18

59:560:3,16

16:4,24 18:24

15:2 17:10

39:643:22

79:16

62:21 71:17,21

19:1,12,13,14

18:1728:6,9

44:845:22,24

wrote 11 :22

72:21 74:8,9,9

20:1,7,9,19

28: 13,16,19,22

48:13 55:5,6

W-e-n-t-w-o-r...

74:1578:12

21 :2,4,8,9,11

34:1635:21

60:15,1865:5

72:5

vice 15:15,22,23

21:13,15,18

36:2237:1

70:22 75:3

video 69:19

22:2,5,11

40:441:12,16

81:18,19

view 35:24

23:12,1624:17

42:5,21 43:2

west 18:13 77:7

X3:1

viewed 35:14

25:11,13,15,18

44:5,2446:6,9

we've25:1

views 13:16

26:1 29:10,12

46:1949:20,24 whee148:13

violation 39:6

31:4,4,7,9,11

50:2,652:19

While 7:14

yeah38:1452:24

virtually 39:22

31: 17, 19,22

52:22

53 :2,5

12:16

72:8

voice 64:23

32:18,21 33:6

53:13,1655:15

White40:11,12

year45:364:19

voiced 49:9

36:537:10,20

55:17,20,23

81:2082:18

years

15: 19

volatile 78:15,17

38:941:542:7

56:1,558:19

White's40: 15,16

26:1927:2

volatilize

78: 15

43 :20,20,20,23

58:2459:19

whole 46:5 77:2

45:847:15,21

78:19

47:2,5,8,9,17

60:4,7,11 61:6

willing 63:5

48:8,9,16,22

volume 8:18

47:19.51:9,13

61:8,12,14

win 45:20,20

49:1752:9

volume-wise

51:1652:10,12

62:1663:10

46:4,4

62:23 77:2,11

30:6

53:12,21,24

64:13 67:14,18 wind56:17

volunteer 50:9

54:3,4,6,7,9,16

67:21 68:4,9

Wire 10:7,13

zoning 9:23

vote 66:24

54:2455:3,6

68:13,16,18,24

31 :2432:23

Zwicky

46: 12,12

voted 45:5 51:19

55:1057:5,7,9

69:1 70:5,9,13

39:24

46:2249:20,22

69:10

57:2260:14,18

71 :23 72:6

wish 44:13

63:1568:21,22

votes 45:7

60:18 61:1

75:5,876:19

witness 3:7,10

Z-w-i-c-k-y

vs 1:5

62:7 64:2 66:2

76:23 79:21

12:21 13:15

46:12

68:2069:3,14

80:1,5,8,14.

14:23 15:4,6

69:2270:12,17

82:4,1483:1,9

28:14,18,21

wait79:18

70:2471 :4,7,9

84:12

29:236:19

$222,239.26

wand38:15

71:1772:10,22 week 56:20

37:2

74:18

want40:15,18

74:11 76:4,14

welfare 44:8,15

witnesses 4:14

$505,865.95

40:1942:12

77:6,7,9,19,24

62:265:9

68:3 80:21

74:16

44:11,12,14,16

78:3,8,10,14

well

7:21 13:17

83:10,12

44:1856:6

78:20,22,24

16:1420:2

woman43:14

59:1,1267:1

79:1,4

32:1634:16

wonderful 58:5

069:10

0618475:19

45:5

90 77:9

8-251:54:3

40:11 64:19

8:9,1723:6,14

Os 32:20 39: 13

084-004217

2048:16

37:9,2238:15

84:22

20073:3

60:21

20049:1826:19

4031:18

27:1

413:13

13:19 14:11,18

200527:1 65:13

4162:9

14: 19,21 18:6

200651 :19

423:14

18:2367:6

20071:194:4

431-15002:15

84:9

4349-112 18: 13

40:11 45:1

10:5083:18

64:19,2365:1

4551:7

101.6005:2

66:23 67:5

4872:16

101.62841:24

73:2075:20

101.6325:2

84:13,15

10212:3,18

526:2065:1

2052:14

112918:21

5011:1923:6,14

21st 75:20

113118:21

73:20

2172:4,20

113220:6

524-85092:4

2270:23

113820:6

53,19072:

22740:9

114525:9

5511:12

2415:19

114725:9

120626:16121919:91251:20116126:16

26th28th41:20293:12

2547:1573:20

63:551

6th84:131:184:4:206

122019:9

6054:1 66:2

13 3:6

310:530:2

616022:10

136318:6

52:1665:16,23

627052:14

143:19,19

66:4,9,1267:4

62794-92742:3

14th 65:13

67:569:573:5

62794-92762:

14002:9

73:9,23

637-60002:10

153:926:12,13

3rd

41 :21,24

77:11,20

3.338:11

15th 26:13

3.30A39:5

7002:14

1645:266:24

3.330A39:10

782-55442:20

16th41:19

3.338376:8

1869:10

3052:9

864:23 66:23

192762:19

30th 67:5

8th84:15

1980s 10:9 52:3

308338:11

8.251:11

198719:2420:2

3092:10

80050:15

198820:1,2

3251:7

8152:15

198920:3

3241:17

8384:9

1989's27:4

373:12

84279:2

199011:1429:13

397:2,4

84378:16

1990s 31:635:

39C 76:8,17

8926:1

199310:5

39H 30:24 76:5

199410:16

76:9,16

199531 :15

94:5

199748:13

9th 41 :18

43:3 17:12,12

9:001:19

Page 102