62008
    5
    Complainant,
    )
    6
    vs.
    )
    AC
    09—8
    (Administrative
    7
    DAN
    KIMMEL,
    )
    Citation)
    )
    8
    Respondent.
    )
    9
    10
    11
    12
    13
    Hearing
    held
    14
    December
    4,
    2008
    15
    16
    17
    18
    19
    20
    REPORTER:
    Bobbi
    L.
    Hamlin,
    CCR,
    RMR
    21
    Illinois
    License
    #084-002797
    22
    Keefe
    Reporting
    Company
    11
    North
    44th
    Street
    23
    Belleville,
    Illinois
    62226
    24
    1
    Keefe
    Reporting
    Company

    )
    5
    Petitioner,
    )
    6
    vs.
    )
    AC
    09—8
    )
    7
    DAN
    KIMMEL,
    )
    8
    Respondent.
    )
    9
    10
    11
    12
    13
    APPEARANCES:
    14
    For
    Complainant:
    Assistant
    State’s
    Attorney
    15
    by
    Daniel
    W.
    Brenner,
    Esq.
    16
    Respondent
    Appeared
    Pro
    Se
    17
    18
    19
    20
    21
    22
    23
    24
    2
    Keefe
    Reporting
    Company

    5
    It
    is
    December
    4th
    and
    we
    are
    beginning
    at
    6
    10:30
    a.m.
    7
    At
    the
    County’s
    request
    this
    hearing
    was
    8
    moved
    from
    the
    Health
    Department
    to
    the
    County
    9
    Courthouse.
    Notice
    was
    posted
    at
    the
    Health
    Department
    10
    and
    I’m
    advised
    that
    an
    individual
    is
    present
    at
    the
    11
    Health
    Department
    this
    morning
    to
    notify
    any
    members
    of
    12
    the
    public
    of
    the
    change
    of
    location.
    13
    There
    are
    no
    members
    of
    the
    public
    present.
    14
    At
    issue
    in
    this
    case
    is
    the
    County’s
    15
    allegation
    that
    Respondent
    violated
    Sections
    (p)(1)
    and
    16
    (p)
    (7)
    of
    the
    Environmental
    Protection
    Act
    at
    a
    site
    in
    17
    DeSoto,
    Jackson
    County.
    18
    The
    Pollution
    Control
    Board
    will
    make
    the
    19
    final
    decision
    in
    this
    case.
    20
    My
    purpose
    is
    to
    conduct
    the
    hearing
    in
    a
    21
    neutral
    and
    orderly
    manner
    so
    that
    we
    have
    a
    clear
    22
    record
    of
    the
    proceedings.
    23
    I
    will
    also
    assess
    credibility
    of
    any
    24
    witnesses
    on
    the
    record
    at
    the
    end
    of
    the
    hearing.
    3
    Keefe
    Reporting
    Company

    5
    At
    this
    time
    I
    am
    ask
    the
    parties
    to,
    6
    please,
    make
    their
    appearance
    on
    the
    record.
    7
    MR.
    BRENNER:
    Daniel
    Brenner,
    Assistant
    8
    State’s
    Attorney,
    for
    Jackson
    County.
    9
    JUDGE
    WEBB:
    And
    Mr.
    Kixnmel,
    you
    are
    here
    10
    on
    your
    own
    behalf;
    is
    that
    correct?
    11
    MR.
    KIMMEL:
    Yes.
    12
    JUDGE
    WEBB:
    Okay.
    Are
    there
    any
    13
    preliminary
    matters
    to
    discuss
    on
    the
    record?
    14
    MR.
    BRENNER:
    No,
    your
    Honor.
    15
    JUDGE
    WEBB:
    Okay.
    Mr.
    Brenner,
    would
    you
    16
    like
    to
    make
    an
    opening
    statement?
    17
    MR.
    BRENNER:
    No,
    your
    Honor.
    18
    JUDGE
    WEBB:
    Mr.
    Kimmel,
    would
    you
    like
    to
    19
    make
    an
    opening
    statement?
    20
    MR.
    KIMMEL:
    I
    guess
    not.
    21
    JUDGE
    WEBB:
    Okay.
    Mr.
    Brenner,
    you
    may
    22
    call
    your
    first
    witness.
    23
    MR.
    BRENNER:
    I
    would
    like
    to
    call
    Don
    24
    Terry,
    please.
    Keefe
    Reporting
    Company

    5
    as
    a
    witness
    on
    behalf
    of
    the
    Complainant,
    testified
    and
    6
    deposed
    as
    follows:
    7
    DIRECT
    EXAMINATION
    8
    BY
    MR.
    BRENNER:
    9
    Q.
    Mr.
    Terry,
    what
    is
    your
    name
    and
    your
    10
    occupation?
    11
    A.
    My
    name
    is
    Donald
    Terry.
    12
    And
    I’m
    an
    environmental
    compliance
    13
    inspector
    with
    the
    Jackson
    County
    Health
    Department.
    14
    Q.
    And
    how
    long
    have
    you
    been
    engaged
    in
    that
    15
    occupation?
    16
    A.
    Five
    and
    a
    half
    years.
    17
    Q.
    Could
    you
    briefly
    tell
    us
    what
    you
    do
    in
    18
    that
    occupation?
    19
    A.
    I
    inspect
    and
    conduct
    investigations
    of
    20
    potential
    opening
    dump
    sites
    throughout
    the
    county,
    as
    21
    well
    as
    inspect
    the
    landfill,
    which
    is
    also
    located
    in
    22
    the
    county.
    23
    Q.
    And
    have
    you
    received
    special
    training
    24
    related
    to
    your
    occupation?
    5
    Keefe
    Reporting
    Company

    5
    Q.
    And
    any
    occupation
    specific
    licenses
    or
    6
    certifications?
    7
    A.
    Yes,
    I’m
    certified
    by
    the
    Illinois
    EPA
    as
    a
    8
    certified
    inspector
    for
    nonhazardous
    solid
    waste
    9
    management
    sites.
    10
    Q.
    And
    does
    the
    Jackson
    County
    Health
    11
    Department
    have
    a
    delegation
    agreement
    with
    the
    Illinois
    12
    Environmental
    Protection
    Agency?
    13
    A.
    Yes.
    14
    Q.
    And
    does
    that
    agreement
    provide
    for
    the
    15
    enforcement
    by
    the
    Jackson
    County
    Health
    Department
    of
    16
    certain
    types
    of
    opening
    dumping
    violations?
    17
    A.
    Yes.
    18
    Q.
    Is
    this
    present
    administrative
    citation
    19
    enforcement
    action
    within
    that
    delegation?
    20
    A.
    Yes.
    21
    Q.
    Are
    you
    familiar
    with
    the
    Defendant
    in
    this
    22
    matter?
    23
    A.
    Yes.
    24
    Q.
    And
    is
    he
    here
    today?
    6
    Keefe
    Reporting
    Company

    5
    Q.
    And
    it
    is
    identified
    with
    the
    site
    code
    of
    6
    0778035009?
    7
    A.
    Yes.
    8
    Q.
    Could
    you
    tell
    us
    where
    that
    site
    is
    9
    located?
    10
    A.
    It
    is
    in,
    excuse
    me,
    it’s
    in
    rural
    Jackson
    11
    County,
    northwest
    of
    DeSoto.
    12
    Q.
    And
    do
    you
    know
    who
    owns
    the
    site?
    13
    A.
    Mr.
    Kimmel
    does.
    14
    Q.
    Could
    you
    tell
    us
    what
    you
    observed
    the
    day
    15
    of
    your
    inspection?
    16
    A.
    Yes.
    It
    was
    --
    it
    was
    a
    hot
    day.
    There
    17
    was
    good
    visibility.
    We
    walked
    around
    the
    site
    and
    I
    18
    observed
    abandoned
    vehicles,
    scrap
    metal,
    mobile
    home
    ——
    19
    a
    mobile
    home,
    which
    had
    been
    turned
    on
    it’s
    side
    and
    20
    had
    been,
    I
    think,
    in
    a
    storm,
    missing
    one
    end
    of
    it
    and
    21
    a
    variety
    of
    other
    construction
    demolition
    type
    22
    materials
    scattered
    around
    the
    site.
    23
    Q.
    And
    how
    did
    you
    initially
    come
    about
    24
    knowing
    about
    these
    violations?
    7
    Keefe
    Reporting
    Company

    record
    reflect
    I’m
    handing
    a
    copy
    of
    that
    same
    exhibit
    to
    Mr.
    Kimmel
    and
    the
    hearing
    officer.
    BY
    MR.
    BP.ENNER:
    Q.
    Mr.
    Terry,
    can
    you
    identify
    that
    document?
    A.
    These
    are
    the
    photos
    I
    took
    during
    the
    July
    8th,
    2008
    inspection,
    as
    well
    as
    my
    site
    map
    indicating
    approximately
    where
    each
    of
    the
    photos
    had
    been
    taken.
    Q.
    And
    if
    you
    will
    look
    at
    photos
    one
    and
    two,
    and
    can
    you
    tell
    us
    what
    those
    two
    photos
    depict?
    A.
    Those
    photos
    depict
    dimensional
    lumber,
    scrap
    metal,
    some
    metal
    barrels
    and
    some
    other
    types
    of
    construction
    demolition
    material
    that
    were
    on
    the
    ground.
    Q.
    And
    if
    you
    will
    direct
    your
    attention
    to
    photos
    three
    and
    seven
    and
    10
    of
    this
    same
    exhibit
    and
    tell
    us
    what
    those
    photos
    depict?
    A.
    Three
    is
    an
    abandon
    vehicle
    with
    vegetation
    growing
    up
    around
    it.
    Seven
    is
    a
    --
    a
    camper
    and
    a
    vehicle
    next
    5
    6
    7
    8
    9
    10
    11
    12
    13
    14
    15
    16
    17
    18
    19
    20
    21
    22
    23
    24
    8
    Keefe
    Reporting
    Company

    5
    Q.
    And
    who
    took
    these
    pictures?
    6
    A.
    I
    took
    all
    those
    pictures.
    7
    Q.
    And
    do
    the
    photos
    accurately
    and
    fairly
    8
    depict
    the
    sites
    condition
    as
    you
    observed
    them
    that
    9
    day?
    10
    A.
    I
    believe
    they
    do.
    11
    Q.
    Okay.
    I’m
    now
    going
    to
    hand
    you
    another
    12
    exhibit
    that
    I’ve
    identified
    as
    Exhibit
    2.
    13
    MR.
    BRENNER:
    And
    I’d
    like
    the
    record
    to
    14
    reflect
    I’m
    also
    handing
    a
    copy
    of
    this
    same
    exhibit
    to
    15
    Mr.
    Kinunel,
    as
    well
    as
    the
    hearing
    officer.
    16
    BY
    MR.
    BRENNER:
    17
    Q.
    And
    Mr.
    Terry,
    I’m
    going
    to
    ask
    you,
    again,
    18
    to
    identify
    what
    that
    document
    is?
    19
    A.
    Exhibit
    2
    is
    an
    affidavit,
    which
    I
    signed,
    20
    indicating
    that
    I
    had
    done
    the
    inspection.
    21
    There’s
    also
    a
    check
    list
    showing
    the
    22
    different
    violations
    which
    I
    observed.
    23
    It
    also
    includes
    my
    open
    dump
    site
    24
    narrative,
    which
    explains
    what
    I
    saw
    during
    the
    9
    Keefe
    Reporting
    Company

    5
    circumstances
    and
    observations
    at
    the
    time
    of
    your
    6
    inspection?
    7
    A.
    Yes,
    I
    believe
    they
    do.
    8
    MR.
    BRENNER:
    Judge,
    I’d
    like
    to
    move
    both
    9
    exhibits
    at
    this
    time.
    10
    JUDGE
    WEBB:
    Exhibits
    1
    and
    2
    are
    admitted
    11
    into
    the
    record.
    12
    MR.
    BRENNER:
    Thank
    you.
    13
    BY
    MR.
    BRENNER:
    14
    Q.
    Do
    you
    know
    where
    any
    of
    the
    debris
    came
    15
    from
    at
    this
    site?
    16
    A.
    From
    talking
    with
    Mr.
    Kimmel
    it’s
    my
    17
    understanding
    that
    the
    materials
    were
    things
    and
    items
    18
    that
    were
    brought
    to
    the
    site
    by
    him.
    19
    Q.
    Okay.
    At
    the
    time
    of
    your
    inspection
    were
    20
    any
    of
    the
    vehicles
    seen
    in
    the
    photos
    capable
    of
    being
    21
    driven?
    22
    A.
    I
    do
    not
    believe
    so,
    no.
    23
    Q.
    Do
    any
    of
    the
    vehicles
    that
    appear
    in
    these
    24
    photos
    appear
    to
    be
    unused
    for
    at
    least
    seven
    days
    prior
    10
    Keefe
    Reporting
    Company

    5
    Q.
    Do
    you
    know
    how
    the
    vehicles
    got
    onto
    the
    6
    site?
    7
    A.
    To
    my
    understanding
    that
    Mr.
    Kimmel
    brought
    8
    them
    there.
    9
    Q.
    And
    other
    than
    what
    you’ve
    already
    10
    testified
    to
    have
    you
    had
    any
    other
    conversations
    with
    11
    the
    Respondent
    regarding
    any
    of
    these
    allegations?
    12
    A.
    During
    previous
    inspections.
    13
    Q.
    And
    can
    you
    tell
    uswhat
    he
    has
    said
    about
    14
    those?
    15
    A.
    He
    just
    said
    that,
    you
    know,
    he
    was
    using
    16
    the
    material,
    was
    recycling
    it,
    was
    you
    know,
    in
    the
    17
    process
    of
    trying
    to
    get
    the
    place
    cleaned
    up.
    18
    Q.
    And
    at
    the
    time
    of
    your
    inspection
    could
    19
    the
    debris
    be
    seen
    with
    a
    naked
    eye
    from
    a
    public
    road?
    20
    A.
    Yes.
    21
    Q.
    In
    your
    opinion
    were
    any
    of
    the
    violations
    22
    you
    noted
    in
    your
    inspection
    report
    due
    to
    23
    uncontrollable
    circumstances?
    24
    A.
    No.
    11
    Keefe
    Reporting
    Company

    5
    Q.
    Prior
    to
    July
    8th,
    2008
    had
    you
    ever
    6
    inspected
    this
    site?
    7
    A.
    Yes.
    8
    Q.
    Do
    you
    know
    how
    many
    times?
    9
    A.
    (No
    response.)
    10
    Q.
    Once?
    Twice?
    11
    A.
    I
    would
    say
    three
    or
    four.
    12
    Q.
    And
    do
    you
    know
    of
    any
    prior
    violations
    on
    13
    this
    particular
    site?
    14
    A.
    Yes.
    There
    was
    a
    previous
    administrative
    15
    citation
    issued
    against
    this
    site.
    16
    Q.
    And
    do
    you
    know
    approximately
    the
    date
    of
    17
    that
    violation?
    18
    A.
    I
    believe
    it
    was
    issued
    in
    2006.
    19
    Q.
    Arid
    was
    that
    done
    by
    Pollution
    Control
    20
    Board
    order?
    21
    A.
    Yes.
    22
    Q.
    Okay.
    I’ll
    get
    to
    that
    later.
    23
    MR.
    BRENNER:
    Judge,
    that’s
    all
    I
    have
    for
    24
    this
    witness
    at
    this
    point.
    -‘
    Keefe
    Reporting
    Company

    5
    CROSS-EXAMINATION
    BY
    MR.
    KINMEL:
    6
    Q.
    There
    -—
    none
    of
    the
    stuff
    can
    be
    seen
    from
    7
    the
    road.
    This
    white
    car
    can’t
    be,
    right?
    8
    JUDGE
    WEBB:
    That’s
    not
    a
    question.
    9
    MR.
    KIMMEL:
    Well,
    all
    right.
    10
    BY
    MR.
    KIMMEL:
    11
    Q.
    Did
    you
    take
    this
    picture
    from
    the
    road
    of
    12
    that
    white
    car?
    13
    A.
    No.
    No.
    14
    I
    was
    asked
    could
    I
    see
    --
    15
    Q.
    How
    can
    you
    sit
    there
    or
    stand
    there
    and
    16
    say
    you
    see
    the
    stuff
    from
    the
    road
    when
    you
    can’t
    see
    17
    it
    from
    the
    road?
    18
    A.
    You
    can
    see
    some
    of
    the
    material
    ——
    19
    Q.
    Very
    dad
    gum
    little
    of
    it,
    because
    semis
    20
    across
    there.
    There’s
    a
    house
    sitting
    over
    there.
    21
    JUDGE
    WEBB:
    Mr.
    Kiznmel,
    you’ll
    be
    allowed
    22
    to
    make
    your
    own
    statement.
    23
    BY
    MR.
    KIMMEL:
    24
    Q.
    Did
    you
    bother
    come
    over
    and
    checking
    13
    Keefe
    Reporting
    Company

    5
    Q.
    Wouldn’t
    that
    have
    been
    the
    customary
    thing
    6
    to
    do,
    at
    least
    check
    --
    check
    with
    the
    person
    and
    see
    7
    if
    they
    even
    made
    a
    good
    attempt,
    if
    nothing
    else?
    8
    I
    mean,
    you’re
    the
    man
    in
    charge,
    evidently
    9
    you
    and
    this
    guy,
    couldn’t
    you
    at
    least
    have
    checked
    to
    10
    see
    what
    we
    were
    doing?
    11
    A.
    The
    purpose
    of
    the
    inspection
    was
    to
    verify
    12
    compliance.
    13
    Q.
    Yeah.
    14
    Did
    you
    do
    a
    follow
    up
    on
    it
    to
    come
    back
    15
    and
    see
    if
    we
    had
    done
    anything?
    16
    A.
    No.
    17
    Q.
    You
    just
    went
    ahead,
    took
    us
    straight
    on
    to
    18
    court?
    19
    A.
    Yes.
    20
    Q.
    Okay.
    21
    MR.
    KIMMEL:
    That’s
    all,
    I
    guess.
    22
    JUDGE
    WEBB:
    Okay.
    Any
    redirect?
    23
    MR.
    BRENNER:
    No,
    but
    I
    --
    no,
    but
    I
    would
    24
    like
    before
    I
    rest
    make
    --
    have
    —-
    request
    some
    judicial
    14
    Keefe
    Reporting
    Company

    5
    it’s
    prior
    decision
    in
    AC
    06-21.
    That
    is
    a
    decision
    6
    that
    was
    made
    November
    2nd,
    2006.
    It
    is
    the
    County
    of
    7
    Jackson
    against
    Dan
    Kimmel,
    the
    same
    Respondent
    here
    8
    today,
    the
    same
    site
    code
    identified
    here
    today.
    And
    in
    9
    that
    order
    the
    Pollution
    Control
    Board
    had
    found
    him
    to
    10
    have
    violated
    Section
    (p)
    (1),
    which
    is
    a
    --
    the
    same
    11
    violation
    that
    we
    are
    here
    today
    for.
    12
    Therefore,
    we
    believe
    that,
    of
    course,
    is
    a
    13
    double
    violation
    and
    will
    ask
    the
    Pollution
    Control
    14
    Board
    to
    take
    notice
    of
    that
    and
    I
    have
    stated
    that
    in
    15
    our
    --
    in
    our
    administrative
    citation.
    16
    I
    also
    would
    like
    to
    make
    note
    that
    17
    Mr.
    Kimmel
    filed
    on
    August
    22nd,
    2008
    a
    response
    to
    the
    18
    administrative
    citation.
    And
    in
    that
    response
    he
    19
    admits,
    essentially,
    what
    we’re
    here
    today
    for,
    admits
    20
    to
    our
    allegations.
    21
    And
    I’ll
    rest
    at
    this
    point,
    Judge.
    22
    JUDGE
    WEBB:
    Thank
    you.
    23
    Mr.
    Kimmel,
    I’ll
    let
    you
    make
    a
    statement
    24
    in
    your
    own
    defense.
    15
    Keefe
    Reporting
    Company

    5
    JUDGE
    WEBB:
    Go
    ahead.
    6
    MR.
    KIMMEL:
    Okay.
    Make
    another
    attempt
    to
    7
    clean
    it
    up.
    8
    I
    been
    out
    there
    since
    ‘88.
    Lot
    of
    the
    9
    stuff
    ain’t
    been
    there
    since
    then,
    a
    lot
    it
    has.
    There
    10
    is
    some
    stuff
    still
    on
    the
    ground,
    but
    he
    had
    come
    back
    11
    few
    days
    ago
    he
    could
    have
    seen
    that
    we
    were
    making
    good
    12
    effort
    toclean
    this
    mess
    up.
    You
    ain’t
    going
    to
    clean
    13
    up
    20
    years
    of
    stuff
    --
    and
    it
    is
    no
    landfill.
    I
    don’t
    14
    care
    what
    you
    people
    call
    it.
    It
    is
    scrap
    iron,
    scrap
    15
    iron.
    It’s
    just
    good
    scrap
    iron
    for
    the
    most
    other
    than
    16
    that
    old
    house
    that
    blew
    up.
    That’s
    the
    --
    takes
    a
    mess
    17
    to
    clean
    up.
    It’s
    a
    while.
    We
    will
    be
    working
    our
    18
    butts
    off
    on
    it.
    Can
    only
    do
    so
    much
    in
    a
    day
    when
    you
    19
    get
    off
    at
    four
    o’clock.
    20
    And
    he
    really
    wants
    to
    see
    a
    dump
    site
    go
    21
    out
    to
    the
    same
    guy
    that
    turn
    me
    in,
    his
    across
    from
    the
    22
    dad
    gum
    landfill.
    You
    can
    see
    his
    junk
    from
    the
    road.
    23
    They
    ain’t
    out
    on
    his
    ass
    like
    they
    are
    on
    me.
    24
    I
    feel
    I
    been
    highly
    harassed
    by
    a
    man,
    he
    16
    Keefe
    Reporting
    Company

    5
    MR.
    KIMMEL:
    I
    would
    like
    say
    one
    thing:
    6
    am
    doing
    the
    best
    I
    could
    do
    by
    myself
    to
    clean
    the
    mess
    7
    up.
    I
    just
    want
    some
    time
    to
    clean
    it
    up.
    8
    Fining
    me
    is
    not
    going
    to
    do
    nobody
    no
    good
    9
    except
    get
    the
    county
    a
    bunch
    of
    money,
    I
    guess
    the
    10
    Pollution
    Board.
    I
    don’t
    know
    who
    gets
    the
    money.
    11
    JUDGE
    WEBB:
    Is
    that
    it?
    12
    MR.
    KINMEL:
    Yeap.
    13
    JUDGE
    WEBB:
    Okay.
    January
    30th.
    The
    same
    14
    briefing
    schedule
    as
    before?
    15
    MR.
    BRENNER:
    Yes.
    16
    JUDGE
    WEBB:
    Okay.
    The
    transcript
    of
    these
    17
    proceedings
    will
    be
    available
    from
    the
    court
    reporter
    by
    18
    December
    16th
    and
    will
    be
    posted
    on
    the
    Board’s
    web
    19
    site.
    20
    The
    public
    comment
    deadline
    is
    21
    December
    30th.
    Any
    public
    commenting
    must
    filed
    in
    22
    accordance
    with
    Section
    101.628
    of
    the
    Board’s
    23
    procedural
    rules.
    24
    The
    complainant’s
    brief
    is
    due
    by
    17
    Keefe
    Reporting
    Company

    5
    MR.
    BRENNER:
    No,
    Judge,
    I
    would
    not.
    6
    JUDGE
    WEBB:
    Mr.
    Kixnmel,
    would
    you
    like
    to
    7
    make
    any
    closing
    argument?
    8
    MR.
    KIMMEL:
    No.
    I
    guess
    I
    done
    said
    what
    9
    I
    wanted
    to
    say.
    10
    JUDGE
    WEBB:
    Okay.
    I
    will
    note
    that
    there
    11
    are
    no
    members
    of
    the
    public
    that
    want
    to
    make
    any
    12
    statements
    on
    this
    record,
    so
    I
    will
    proceed
    to
    make
    a
    13
    statement
    as
    to
    the
    credibility
    of
    witnesses
    testifying
    14
    during
    this
    hearing:
    Based
    on
    my
    legal
    judgment
    and
    15
    experience
    I
    find
    both
    of
    the
    witnesses
    testifying
    to
    be
    16
    credible.
    17
    At
    this
    time
    I
    will
    conclude
    the
    18
    proceedings.
    19
    And
    I
    thank
    all
    of
    you
    for
    your
    20
    participation
    in
    this
    phase.
    21
    MR.
    KIMMEL:
    I
    would
    like
    to
    ask
    one
    22
    question
    though
    after
    --
    23
    JUDGE
    WEBB:
    We’re
    off
    the
    record.
    24
    18
    Keefe
    Reporting
    Company

    5
    I,
    Bobbi
    L.
    Hainlin,
    a
    Notary
    Public
    in
    and
    for
    6
    the
    County
    of
    Jefferson,
    State
    of
    Missouri,
    DO
    HEREBY
    7
    CERTIFY
    that
    pursuant
    to
    agreement
    between
    the
    parties
    8
    the
    following
    hearing
    was
    held
    before
    me
    on
    December
    4,
    9
    2008,
    at
    The
    Jackson
    County
    Courthouse,
    Murphysboro,
    10
    Illinois,
    parties
    were
    first
    duly
    sworn
    by
    me
    to
    tell
    11
    the
    whole
    truth
    of
    all
    knowledge
    touching
    upon
    the
    12
    matter
    in
    controversy
    aforesaid
    so
    far
    as
    the
    witnesses
    13
    should
    be
    interrogated
    concerning
    the
    same;
    that
    the
    14
    witnesses
    were
    examined
    and
    said
    examination
    was
    taken
    15
    down
    in
    shorthand
    by
    me
    and
    afterwards
    transcribed
    upon
    16
    the
    typewriter
    and
    said
    hearing
    is
    herewith
    returned.
    17
    18
    IN
    WITNESS
    WHEREOF,
    I
    have
    hereunto
    set
    my
    19
    hand
    and
    affixed
    my
    Notarial
    Seal
    this
    h
    day
    of
    20
    December,
    2008.
    21
    (?
    11h%”t4i
    22
    Notary
    Public,
    CCR,
    PMR
    Illinois
    License
    #084-002797
    23
    My
    Commission
    Expires
    June
    26,
    2009
    24
    19
    Keefe
    Reporting
    Company

    6:18
    12:14
    15:15
    15:18
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    15:19,19
    admitted
    10:10
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    3:10
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    9:19
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    19:19
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    19:12
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    18:22
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    19:15
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    9:17
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    12:15
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    6:
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    16:11
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    6:11,14
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    14:17
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    16:9,12,23
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    3:15
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    11:11
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    13:21
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    11:9
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    9:11
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    14:2,15
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    10:23,24
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    4:6
    APPEARANCES
    2:13
    Appeared
    2:16
    approximately
    8:11
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    18:4,7
    around
    7:17,22
    8:23
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    13:14
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    16:23
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    3:23
    Assistant
    2:14
    4:7
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    14:7
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    8:19
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    Attorney
    2:14
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    August
    15:17
    available
    17:17
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    3:6
    B
    back
    14:14
    16:10
    barrels
    8:16
    Board
    1:1
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    17:10
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    4:2,3
    15:4
    17:18,22
    Bobbi
    1:20
    19:5
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    10:8
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    13:24
    Brenner
    2:15
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    5:8
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    17:15
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    17:24
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    17:14
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    5:17
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    10:18
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    17:1
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    17:9
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    16:18
    C
    call
    4:22,23
    16:14
    came
    10:14
    camper
    8:24
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    10:20
    car
    13:7,12
    care
    16:14
    Carol
    3:2
    case3:14,19
    CCR
    1:20
    19:22
    certain
    6:16
    certifications
    6:6
    certified
    6:7,8
    CERTIFY
    19:7
    change
    3:
    12
    charge
    14:8
    check9:21
    14:1,6,6
    checked
    14:9
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    13:24
    circumstances
    10:5
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    1:7
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    12:15
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    14:2
    16:7,12
    16:12,17
    17:6,7
    cleaned
    11:17
    14:3
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    5:12
    14:12
    concerning
    19:13
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    18:17
    condition
    9:8
    conduct
    3:20
    5:19
    conducted
    4:2
    consider
    11:3
    construction
    7:21
    8:17
    Control
    1:1
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    controversy
    19:12
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    11:10
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    8:5
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    4:10
    county
    1:4
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    County’s
    3:7,14
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    6:3
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    5:1
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    3:9
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    14:1
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    3:23
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    18:16
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    13:5
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    14:5
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    dad
    13:19
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    1:7
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    2:15
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    11:1
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    7:14,16
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    16:1819:19
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    10:24
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    17:20
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    10:14
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    1:1,14
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    3:19
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    6:21
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    8:15
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    5:7
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    8:8
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    10:2
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    4:23
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    5:11
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    9:20
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    15:13
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    19:15
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    10:21
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    11:22
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    16:3
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    8:9
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    3:16
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    15:19
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    14:1,7
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    19:18
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    16:24
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    7:18,19
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    4:
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    Reporting
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    individual
    3:10
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    7:23
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    5:19,21
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    12:6
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    17:13
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    19:3,6
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    10:8
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    18:3,6,21
    list
    9:21
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    13:19
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    5:21
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    3:12
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    5:14
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    8:13
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    16:8,9
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    16:11
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    14:8
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    6:9
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    3:21
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    12:8
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    8:10
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    8:17
    11:16
    13:18
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    7:22
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    6:22
    19:12
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    4:13
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    14:8
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    3:11,13
    18:11
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    16:12,16
    17:6
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    7:18
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    7:20
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    19:1,6
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    7:18,19
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    5:9,11
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    9:24
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    3:21
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    8:24
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    17:8
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    13:6
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    6:8
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    1:22
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    7:11
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    19:19
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    19:5,22
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    15:16
    18:10
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    11:22
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    14:7
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    3:9
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    4:1
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    3:11
    November
    15:6
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    18:1
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    12:9
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    19:16
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    13:7,9
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    Keefe
    Reporting
    Company

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    5:23
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    19:2
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    #
    #084-002797
    1:21
    19:22
    0
    06-21
    15:5
    0778035009
    7:6
    09-8
    1:6
    2:6
    3:3
    1
    13:158:3
    10:10
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    8:20
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    4:3
    101.628
    17:22
    101.632
    4:3
    111:22
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    19:19
    16th
    17:18
    2
    29:12,19
    10:10
    2nd
    15:6
    2016:13
    2006
    12:18
    15:6
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    7:3
    8:10
    12:5
    15:17
    19
    :9,20
    2009
    19:23
    22nd
    15:17
    26
    19:23
    27th
    18:2
    3
    30th
    17:13,21
    18:1
    4
    4
    1:1,142:1
    19:8
    3
    Keefe
    Reporting
    Company

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