ORIGIN
ILLINOIS POLLUTION CONTROL BOARD
April 23, 2008
RECEIVED
CLERKS OFFICE
APR 2 3 2008
STATE OF ILLINOIS
Pollution Control Board
AL
TOM EDWARDS,
Petitioner,
v.
PEORIA DISPOSAL COMPANY and
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Respondents.
PCB 08-42
(Third-Party RCRA Permit Appeal)
HEARING REPORT
On April 16, 2008, a hearing in this matter was held at the Peoria County
Courthouse, County Board Room 403, 324 Main Street, Peoria, Illinois. Tom Edwards,
petitioner, appeared and participated pro se. Attorneys Brian Meginnes and Janaki Nair appeared
and participated on behalf of the respondent Peoria Disposal Company. Attorney Michelle Ryan
appeared and participated on behalf of respondent Illinois Environmental Protection Agency.
Witness Credibility
One witness was sworn in and testified at the hearing. Based upon my legal judgment,
experience and observations at the hearing, I find that the credibility of the witness is not an issue
in this matter.
Exhibits
An exhibit list itemizing the offered exhibits and summarizing their status is attached to
this order. Two written public comments were received at the hearing and taken with the case.
Briefing Schedule
A briefing schedule was previously agreed to and is as follows. The petitioner's brief is
due to be filed on or before May 5, 2008. Respondents' briefs are due to be filed on or before
May 19, 2008. The mailbox rule will not apply to the parties' briefs. Public comments are due
to be filed on or before May 7, 2008.
IT IS SO ORDERED.
2
Bradley P. Halloran
Hearing Officer
Illinois Pollution Control Board
James R. Thompson Center, Suite 11-500
100 W. Randolph Street
Chicago, Illinois 60601
312.814.8917
3
PCB 08-42
April 16, 2008 Hearing
Exhibit List
Exhibit
Description
Status
Respondent Peoria Disposal
Exhibit 1
Resume of George L. Armstrong
Admitted
Respondent Peoria Disposal
Exhibit 2
Operating Permit, dated April 24, 2002
Admitted
Respondent Peoria Disposal
Exhibit 3
Environmental Laboratory Accreditation,
dated June 28, 2007
Admitted
Public Comment
Bill Cook, Professor of Chemistry
Taken with
case
Public Comment
Joyce Blumenshine, Volunteer Heart of
Illinois Group Sierra Club
Taken with
case
4
CERTIFICATE OF SERVICE
It is hereby certified that true copies
on April 23, 2008, to each of the persons on
of the foregoing order were mailed, first class
the attached service list.
It is hereby certified that a true copy of the foregoing order was hand delivered to
the following on April 23, 2008.
John T. Therriault
Illinois Pollution Control Board
James R. Thompson Center
100 W. Randolph St., Ste. 11-500
Chicago, Illinois 60601
Bradley P. Halloran
Hearing Officer
Illinois Pollution Control Board
James R. Thompson Center, Suite 11-500
100 W. Randolph Street
Chicago, Illinois 60601
312.814.8917
5
PCB 2008-042
Claire A. Manning
Brown, Hay & Stephens LLP
700 First Mercantile Bank Building
205 South Fifth St., P.O. Box 2459
Springfield, IL 62705-2459
PCB 2008-042
IEPA
1021 North Grand Avenue East
P.O. Box 19276
Springfield, IL 62794-9276
PCB 2008-042
Michelle M. Ryan
IEPA
1021 North Grand Avenue East
P.O. Box 19276
Springfield, IL 62794-9276
PCB 2008-042
Brian J. Meginnes
Elias, Meginnes, Riffle & Seghetti,
P.C.
416 Main Street
Suite 1400
Peoria, IL 61602-1153
PCB 2008-042
Janaki Nair
Elias, Meginnes, Riffle & Seghetti,
P.C.
416 Main Street
Suite 1400
Peoria, IL 61602-1153
PCB 2008-042
Tom Edwards
River Rescue
902 W. Moss Avenue
Peoria, IL 61606
PCB 2008-042
Peoria Disposal Company
P.O. Box 9071
Peoria, IL 61612-9071