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fi9

May

13,

2009

O

-

oHunr

CorjcI

3ocr

Dear Pollution

Control Board

Members:

I am commenting on

PCB case #2007-146

(Fox

Moraine

LLC v. United City

of

Yorkville).

I am a Kendall

County resident

with a Yorkville

address

who

attended 90%

of the landfill

hearings and I testified

under

oath on how I saw the

proposed

landfill

impacting

the City

of Yorkville

and Kendall County.

I listened

to many hours

of

testimony

by

Fox Moraine, LLC

experts. The

hearing officer (Mr.

Clark) required

that

the public

submit questions

of the

applicants

in

writing

and he

would ask the questions

to

provide

feedback to the public.

The result was

an orderly procedure

that allowed

for

reasonable participation.

After the applicant’s

testimony

the public

was

allowed

to make

public comment

or to testify under oath.

The proceedings

were well organized

by Mr.

Clark and were fair to

all parties involved

as video tapes

show.

Throughout the period

of time the landfill

was

being

considered the

Yorkville

City

Council Members did

not talk about

the

application. During

the

city council

election no

candidate talked

about the landfill application.

As

a

result, I was very

concerned about

the reality of a very large

landfill

being

cited close to my

home and

grandchildren.

In

Derke

Price’s (Yorkville

landfill attorney)

report to

the Mayor and Alderpersons

he stated

“We cannot recommend

approval ofthe application

without

conditions

as we believe

these

are necessary

for the application

to meet the

requirements

of

the

Act.” There were

more than 50 conditions

set forth

by

expert

consultants which

were included

in Mr.

Price’s

report.

As

I think

about the Fox

Moraine Landfill

application

process

(with the

supporting case

presented

by the applicant,

with

the concerns

expressed

by the public, with

many

conditions

set forth

by

expert

consultants) I

am convinced

that the requirements

of the

process

were

met by the City

Council.

No group disrupted

the process,

no council

member

violated rules of the

process during

testimony

or

deliberation.

Council

members

considered

the facts as presented

in

testimony.

The

election

that occurred

during the

process was

not the determining

factor in

the

fmal

outcome.

Even

mayor

Prochaska

(who lost the

election) explained

in

a letter published

in the Kendall

County

Record (after

the election)

that he

concluded the landfill

applicant

did not

meet

all the requirements.

The City of Yorkville

behaved

as a

responsible

governing body

in a democracy

ought to

and

came to a decision

based on all of

the information.

Respectfully

submitted,

-

C

Darryl E. Hyink

8635

W.

Highpoint Rd.

Yorkville, II 60560