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City Council Minutes 2007 07-10-07 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE UNITED CITY OF YORKVILLE. KENDALL COUNTY, ILLINOIS. HELD IN THE CITY COUNCIL CHAMBERS, 800 GAME FARM ROAD ON TUESDAY. JULY 10, 2007. Mayor Burd called the meeting to order at 8:20 P.M and led the Council in the Pledge of Allegiance. ROLL CALL �— Clerk Milschewski called the roll. Ward I Leslie Absent Werderich Present (arrived 8:50) Ward 11 Gohnski Present Plocher Present (arrived 8:23) Ward III Munns Present Sutcliff Present Ward IV Besco Present Spears Present Also present: City Clerk Milschewski, City Treasurer Powell, Interim City Attorney Roth, Interim City Administrator Olson, Finance Director Mika, Director of Public Works Dhuse, Police Lieutenant Schwartzkopt Director of Park & Recreation Mogle, Community Development Director Miller, City Engineer Wywrot and Building Inspectors Bill and Barbara Dettmer. OUORUM A quorum was established. INTRODUCTION OF GUESTS Mayor Burd asked the staff and guests to introduce themselves. She welcomed the guests and asked them to enter their names on the attendance sheet provided. AMENDMENTS TO THE AGENDA Mayor Burd asked that Item #7 — Agreement between the City and the Old Barn Museum under the Mayor's Report be tabled until the July 24, 2007 Committee of the Whole meeting. Interim City Administrator Olson asked that Item 43 — the Visibility Ordinance under the Economic Development Committee report be tabled until the July 24, 2007 Committee of the Whole meeting. So moved by Alderman Munn; seconded by Alderman Plocher. Motion approved by a viva voce vote. COMMITTEE MEETING DATES Public Works Committee 7:00 P.M., Tuesday, August 7, 2007 City Hall Conference Room Economic Development Committee 7:00 P.M., Tuesday, July 17, 2007 City Hall Council Chambers Administration Committee 7:00 P.M., Tuesday, August 7, 2007 City Hall Council Chambers Public Safety Committee 7:00 P.M., Tuesday, July 17, 2007 City of Yorkville Conference Room PRESENTATIONS j None. PUBLIC HEARINGS None. CITIZEN COMMENTS Diane Pobol, 922 Lisbon Road, asked for clarification as to what Mr. Hammon was allowed to put into his property. She stated that when the access to her property was mowed the grass contained plastic garbage from Hammon's property. She distributed pictures of the area (see attached). She stated that Mr. Hammon in turning plastics into the soil on his property and she thought he was only allowed to do this with organic material. She also brought examples of the The Minutes of the Regular Meeting of the Citv Council — July 10, 2007 — na2e 2 garbage that blows into her yard from his property. She asked the City Council to shut the operation down. Building Inspector Dettmer advised the Council that he and his inspectors have been out to the site quite often and some of the complaints have been unfounded however on July 3, 2007 he was at the site at 2:00 p.m. and noted debris in the field. On July 6, 2007 two of his inspectors met with Mr. Hammon and advised them of what he saw on July 3"'. He explained that he and his employees are in the process of learning the Environmental Protection Agency's laws as this type of inspection is new to them. He explained that the inspectors go to the site every Monday, Wednesday and Friday which is something Kendall County did not do. Mr. Dettmer indicated that he has met with the EPA at the site and he has asked for reports from them and Kendall County. To date he has not received any copies. There was a brief discussion regarding alternating inspection dates, aldermanic visits to the site and the types of complaints received. Joanne Gilbert, 8730 E. Highpoint Road, commented that she has called in three odor complaints and never heard from an inspector. She noted that the odors depend on the wind and can last from a few minutes to several hours. Todd Milliron, 61 Cotswold Drive addressed the Council. He distributed a copy of his comments along with other documentation (see attached). Randy Scott commented that he has made a complaint about the composting smell which was answered by an inspector. He noted that the smell is worse when the heat and humidity are high. He stated that he has been able to deal with it however it is hard. He also asked if the pot hole on Route 47 in front of Kendall Pub could be fixed. Director of Public Works Dhuse indicated he would contact IDOT. George Gillson, 498 Sunflower Court, commented that heat makes the composting facility smell worse. He also felt that Mr. Hammon should not be allowed to bury what he is and the City should shut him down. He suggested that the City should meet with Kendall County to discuss the long-term goals for pollution and facility sitings. Mayor Burd indicated that the Plan Commission was holding a regional meeting on July 19, 2007 and this could possibly be included in the discussion. Diane Pobol addressed the Council again and stated that her experience with the inspectors indicates that they are on a learning curve. She noted erratic service however she stated that she felt that the inspectors are having a positive effect. She asked if the inspectors could submit a report to the complainant after the inspections. Attorney Roth stated that he was asked to consider the issues and the information provided by Mr. Milliron. He indicated that the matter calls for cooperation between the City, County and state agencies. He explained that the City is not the licensing or permitting agency for the operation and it does not have the authority to close Mr. Hammon's operation down. The City is not party to the court orders that were entered which designate who the enforcing agency is (the Health Department). He stated that as the property is within City limits, the City does have some jurisdiction over the matter but is not the sole agency for enforcement and correction of matters. He indicated that Mr. Milliron's concerns should be addressed by the Illinois Environmental Protection Agency and the State's Attorney and/or the Attorney General's Office. He indicated that upon the City Council's direction, he could pursue local nuisance issues with the State's Attorney. He cautioned the City and audience that if the City would run into court on this matter it would meet serious legal opposition on jurisdictional grounds. He indicated that he did not want to waste the City's time in this regard. CONSENT AGENDA None. _ PLAN COMMISSION /ZONING BOARD OF APPEAL l No report. MINUTES FOR APPROVAL A motion was made by Alderman Munns to approve the minutes of the City Council meetings of February 13, 2007 and June 26, 2007; seconded by Alderman Gohnski. Alderman Plocher questioned why February minutes were first being approved. Clerk Milschewski explained that the minutes were delayed due to the Depo Court attachment. Alderman Spears suggested that in the future the minutes be approved without the attachment. Motion approved by a viva voce vote. The Minutes of the Regular Meeting of the Citv Council — July 10, 2007 — na eg_3 A motion was made by Alderman Munns to approve the minutes of the Special City Council meeting of May 31, 2007; seconded by Alderman Spears. Motion approved by a viva voce vote. A motion was made by Alderman Munns to approve the minutes of the Special Meeting between YBSD and the City Council of June 28, 2007; seconded by Alderman Spears. -- Motion approved by a viva voce vote. BILLS FOR APPROVAL A motion was made by Alderman Munns to approve the paying of the bills listed on the Detailed Board Report dated June 29, 2007 totaling the following amounts: checks in the amount of $483,81926 (vendors); $238,118.95 (payroll period ending 6/23/07); for a total of $721,938.21; seconded by Alderman Spears. Motion approved by a roll call vote. Ayes -7 Nays -0 Munns -aye, Plocher -aye, Spears -aye, Sutcliff -aye, Werderich -aye, Besco -aye, Gohnski -aye REPORTS MAYOR'S REPORT Appointments to Boards and Commissions Mayor Burd requested a motion to accept the appointment of Victoria Coveny to the Park Board. So moved by Alderman Plocher; seconded by Alderman Munns. Motion approved by a viva voce vote. Whispering Meadows Park Construction Bid Results (PKBD 2007 -16) A motion was made Alderman Besco to award the contract for the construction of Whispering Meadows Park to L.J. Dodd in an amount not to exceed $333,880.00, which includes the base bid plus all additional alternatives with the exception of the BMX track, as presented; seconded by Alderman Spears. Motion approved by a roll call vote. Ayes -7 Nays -0 Plocher -aye, Spears -aye, Sutchff- -aye, Werderich -aye, Besco -aye, Golinski -aye, Munns -aye Hiding Spot Park Equipment Purchase (PKBD 2007 -17) Mayor Burd entertained a motion to approve the purchase of park equipment for the renovation of the Hiding Spot Park from Gametime, Inc. in an amount not to exceed $30,000.00, as presented. So moved by Alderman Besco; seconded by Alderman Golinski. Motion approved by a roll call vote. Ayes -7 Nays -0 Besco -aye, Golinski -aye, Werderich -aye, Munns -aye Plocher -aye, Spears -aye, Sutcliff -aye CITY COUNCIL REPORT Ordinance 2007 -50 Amended and Restated Governing Ordinance Mayor Burd entertained a motion to approve the amended and restated Governing Ordinance, United City of Yorkville addressing: ethical standards, elected officials, duties and .. ' responsibilities, meeting schedules and committee structure, as presented. So moved by Alderman Munns; seconded by Alderman Golinski. Motion approved by a roll call vote. Ayes -7 Nays -0 Golinski -aye, Werderich -aye, Munns -aye, Plocher -aye, Spears -aye, Sutcliff -aye, Besco -aye ATTORNEY'S REPORT No report. CITY CLERK'S REPORT No report. The Minutes of the Regular Meeting of the Citv Council — July 10, 2007 — uaee 4 i CITY TREASURER'S REPORT No report. CITY ADMINISTATOR'S REPORT Reports for the Public In response to some of the citizen's comments, Interim City Administrator Olson stated that if there are any reports submitted by a member of his staff to the public it will be submitted to him first and then it will be discussed with the City Council in accordance with the governing ordinance. Recommending Party Mr. Olson noted that recently it has been in the news what is happening in Oswego regarding trustee appointments. He stated that there has been some confusion as to who the recommending body is for appointments. He explained that per state statute it is the mayor who recommends the person for appointment to the Council for advice and approval. Appointments do require a vote by the City Council. He stated that the City has a department head hiring policy that stipulates how the recruitment firm is hired, the interviews are carried out and how the selection committee makes a recommendation to the mayor. The recommendation to the mayor is then recommended to the Council for approval. He indicated that the final candidate that the mayor submits may not be the same final candidate the selection committee recommends. FINANCE DIRECTOR'S REPORT Director Mika reported that the current auditors have been given a CD of information in order for them to begin the audit. They will be in City Hall starting Monday, July 16, 2007. DIRECTOR OF PUBLIC WORKS REPORT In -Town Road Program Director Dhuse reported that the infrastructure work is complete and the curb prep work should start this week and continue into next week. Alderman Spears asked if there were any plans for Palmer Court and Director Dhuse explained that it was removed from the list due to the lack of funds. Alderman Besco indicated that the Public Works Committee will be working on a new list of streets and invited the Council to make suggestions. CHIEF OF POLICE'S REPORT Lieutenant Schwartzkopf reported that the 4 of July went well and he thanked Mr. Milliron for noticing the Yorkville officers doing their job on Route 71. . DIRECTOR OF PARKS & RECREATION'S REPORT Park Dedication Director Mogle reported that the dedication of Bridge Park on July 3, 2007 was successful. He reported that approximately 1,000 people attended the event including members of the Bridge family. He thanked everyone who attended. Park Open House Director Mogle reported that a second Park Open House will be held at the Cannonball Ridge Park on July 20, 2007 from 6:00 to 10:00 p.m. He stated that there will be activities for kids, hot dogs and a movie in the park. 4 of July Activities Mayor Burd thanked the Bristol- Kendall Fire Department for the 4` of July activities. She also noted that the ice -cream social for the 50 anniversary celebration went well. COMMUNITY DEVELOPMENT DIRECTOR'S REPORT Plan Commission Summit Meeting Director Miller reported that the Plan Commission will be holding a regional summit meeting on July 19, 2007 at 7:00 p.m. at the Library. He explained that the purpose is to open the floor to all the invitees to discuss key issues. Mayor Burd thanked the Plan Commission Chairman, Anne Lucietto for suggesting this summit. Alderman Spears noted that the Yorkville Police Department and the Kendall County Police were not invited. She suggested that they be included and Director Miller indicated he would take her suggestion to the Plan Commission. Aug Sable Creek Director Miller reported that the Conservation Foundation has received funding to research the Aux Sable Creek. They will be making a presentation at the next City Council meeting and the steering committee will have a kick -off meeting on July 17, 2007 in the afternoon. COMMUNITY RELATIONS OFFICER'S REPORT No report. The Minutes of the Regular Meeting of the Citv Council — July 10, 2007 — nage 5 COMMUNITY & LIAISON REPORT Cable Consortium Alderman Golinski reported that he attended the Cable Consortium meeting and toured the cable facilities. He stated that anyone who has programming ideas should contact him and he will direct them to the appropriate parties. COMMITTEE REPORTS PUBLIC WORKS COMMITTEE REPORT US 34 & Sycamore Road Traffic Signal Smith Engineering Consultants Design Engineering Agreement (COW 2007 -10) A motion was made Alderman Besco to approve the Smith Engineering Consultants Design Engineering Agreement, as presented; seconded by Alderman Munns. Alderman Munns noted that it was discussed at the Committee of the Whole meeting to include a time frame for the study to be completed and submitted to IDOT. Alderman Munns withdrew his second and Alderman Besco withdrew the motion. A motion was made Alderman Besco to approve the Smith Engineering Consultants Design Engineering Agreement, as presented, with the additional term that the plans be submitted within 60 days; seconded by Alderman Munns. Motion approved by a roll call vote. Ayes -7 Nays -0 Werderich -aye, Munns -aye, Plocher -aye, Spears -aye, Sutcliff -aye, Besco -aye, Golinski -aye Resolution 2007 -41 US 34 & Sycamore Road Traffic Signal MFT Appropriation Resolution (PW 2007 -88) A motion was made by Alderman Besco to approve the MFT Appropriation Resolution, as presented; seconded by Alderman Munns. Motion approved by a roll call vote. Ayes -6 Nays -0 Present -1 Munns -aye, Plocher -aye, Spears -aye, Sutcliff -aye, Besco -aye, Gohnski -aye, Werderich- present ECONOMIC DEVELOPMENT COMMITTEE REPORT Ordinance 2007 -51 Authorizing the Execution of the Wynstone Townhomes Restated and Amended Annexation Agreement (PC 2007 -17) A motion was made by Alderman Golinski to approve an ordinance authorizing the execution of an amended and restated Annexation Agreement with SB & WD, L.L.C. ( "Owner) and ( "Developer "), as presented, and authorize the mayor and City Clerk to execute all documents upon final legal review; seconded by Alderman Besco. Motion approved by a roll call vote. Ayes -6 Nays -1 Plocher -aye, Spears -aye, Sutcliff- -aye, Besco -aye, Golinski -aye, Werderich -nay, Munns -aye Yorkville Crossing Unit 1— Crimson Lane Right -of -Way Dedication (EDC 2007 -23) A motion was made by Alderman Golinski to approve the Plat of Dedication for Crimson lane, as presented, and authorize the Mayor and City Clerk to execute all documents upon final legal and _ staff review; seconded by Alderman Besco. Motion approved by a roll call vote. Ayes -7 Nays -0 Spears -aye, Sutcliff- -aye, Besco -aye, Gohnski -aye, Werderich -aye, Munns -aye, Plocher -aye PUBLIC SAFETY COMMITTEE REPORT No report. ADMINISTRATION COMMITTEE REPORT No report. The Minutes of the Regular Meeting of the Citv Council — July 10. 2007 — na g 66 ADDITIONAL BUSINESS Bucket Pull Alderman Plocher reported that Alderman Werderich did a good job taking third in a bucket pull. Alderman Werderich explained that teams of ten people pulled a fire engine 30 feet and the Yorkville group finished third. Gas Prices Alderman Munns commented that yesterday gas was $3.0lat Shell and today the price is $3.47. He stated that this is the biggest jump he has ever seen. EXECUTIVE SESSION Mayor Burd entertained a motion to into executive session for the purpose of discussing litigation, when an action against, affecting or on behalf of the particular public body has been filed and is pending before a court or administrative tribunal, or when the public body finds that an action is probable or imminent. So moved by Alderman Golinski; seconded by Alderman Munns. Motion approved by a roll call vote. Ayes -7 Nays -0 Spears -aye, Sutcliff- -aye, Werderich -aye, Besco -aye, Golinski -aye, Munns -aye, Plocher -aye The City Council entered into executive session after a ten minute break at 9:50 p.m. The City Council returned to regular session at 10:02 p.m. ADJOURNMENT Mayor Burd entertained a motion to adjourn. So moved by Alderman Werderich; seconded by Alderman Plocher. Motion approved by a viva voce vote. Meeting adjourned at 10.03 P.M. Minutes submitted by: Jacquelyn Milschewski, City Clerk City of Yorkville, Illinois 1 COMMITTEE OF THE WHOLE CITY COUNCIL MEETING July 10, 2007 PLEASE PRINT NAME: ADDRESS: f995 l vew Wl c k—; pk:\ vl©2Ae-2 .1<, t�hc4�u 1 L IUd 7, 01.. o C �:c I L C�0��( l0`7' C/L. 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I was before you two weeks ago to present a section of the Environmental Protection Act that governs the operation of Exempt Farmer Composting operation, as it pertains to Hamman Farms, a portion of which is now within City Jurisdiction. I see Yorkville's Police Dept. enforcing the law on Rt. #71, west of Highpoint Drive, just about everyday I see a motorist pulled over by Yorkville police in that area with the squad cars flashing red lights. I brought to your attention last meeting the potential violation of two sections of IEPA Reg. 830.106, the section of the law that pertains to Hamman Farms and your city inspector Bill Dettmer, delivered his own "unfounded" presentation regarding the violations of this law. Mr. Dettmer was not the easiest person to talk to after the last city council meeting and this is his words, "I refused to be dressed down in public." I told him this has been going on for over 10 years for us and he has only been dealing with it for three months. I will comment his Dept. response times to citizen's calls have not been timely and days late, if there was a response at all. That said, he had no idea of what this 1995 court order or the regs. cited in it meant, little alone how to enforce it. The only reason he had the 1995 court order is a SW area resident presented it to the City; I'm surprised he had it at all. Mr. Dettmer really has no idea of what that court order was about J and what its enforcement powers are. I'm happy to report I think I got him up to speed last week on July 3 We agreed to meet for what I considered a violation that was not subjective and not subject to his smell test. We met at my home and I took him to the Pobol property, you may remember Mrs. Pobol, Diane Pobol, as she also addressed the city council at your last meeting, two weeks ago, tonight. So you know, I waited for that appointment for 5 days and on last Tuesday at the last minute your City Inspectors wanted to change it, I said NO, I had an appointment, I wanted it kept and I had waited long enough for the inspection I had requested. Also upon meeting with Mr. Dettmer and his associate no one had a copy of the IEPA Regs. cited in the 1995 Hamman Farms 4 -12 -1995 Court Order. I provided a copy to Mr. Dettmer of the two Regs. cited in the 1995 court orders, IEPA Reg. 830.106 and 830.202. The only two regs. Hamman Farms must follow to be in compliance and maintain their IEPA Registration # 0930155023. Mr. Dettmer has had 5 business days to come to what I consider an easy call on the violation I pointed out. That violation pertained to 830.106 (a) 4, specifically as it reads, "All composting material was placed at least' /4 mile from the nearest residence ". Mr. Hamman is composting right up to the Pobol property line and is nowhere near a 1 /4 mile away from the Pobol's foundation. Mr. Dettmer indicated he would come back and measure the distance from the Pobol house to the property line; as far as I know he has yet to do so. Again, He,has no idea on how to enforce the IEPA Regs. or the 1995 court order. The least he could have done is keep his promise to do the measurement from the Pobol house to the property line. If you would go out there to the Pobol property, you can plainly see that an adjoining neighbor is being abused for the sake of additional acreage that is being composted and in violation of 830.106. Make Mr. Dettmer do his job or replace him and get someone who will, one that answers a phone in a timely manner, then responds to the scene of the call, instead of giving "UNFOUNDED" lip service to the surrounding Hamman Farms area residents. Many Southwest area residents were told that the city would be taking an aggressive approach to monitoring and enforcing the 1995 court order. I wonder how that can happen when your city inspector has not even taken the time to research the court order or it underlying reg. prior to meeting with me last Tuesday. I am awaiting Mr. l Dettmer Report upon the July 3rd Pobol property visit and I want to know tonight when will it be completed and the public can expect a finding of fact. Besides that initial violation I have found something else that smells, but it also is not subject to you using your olfactory senses. Enclosed are two Sworn Testimony Documents from the ongoing Kendall Land and Cattle/Waste Management Willow Run landfill siting hearing. Please note, I have included the Copy of the 1995 Court orders for Hamman Farms, 2 -28 -1995 Complaint for Injunction 4 -12 -1995 Order 12 -8 -1995 Agreed Order The Environmental Protection Act 415 ILCS 5/21 Subsection (q) i which you seen two weeks ago. IEPA Regs. 830.106 and 830.202, which were drafted verbatim from the above law for regulation and enforcement within the above listed court order that still is in effect. Also included are three annual IEPA Annual State Reporting forms, for reporting years 1999,2000 and 2001 that are required to be filled out by Mr. Hamman to be in compliance with 830.202 (k). That section pertains Reporting Requirements and mandates that a state form must be filled out by the operator of any composting facility, the IEPA is required to provide the annual reporting form to the composting operator. Enclosed are the IEPA Annual reporting forms for 1999, 2000 and 2001 signed, dated and completed in Mr. Hamman's own hand. You will note the signatures on these three forms matches the same signature that was signed in the presence of court officers in the two 1995 Circuit Court Orders. Now, please direct your attention to 830.106 (a) 2 (READ it to THEM) Now follow if you will to the KL &C Landfill siting transcript and the Sworn Testimony of Dennis Wilt, Dennis Wilt is the general council for Waste Management and has been for the last 15 years. Please see page 4 of 13 of his testimony, please remember this is sworn testimony and look in quarter page # 2590, CROSS EXAMINATION by MR.PORTER O READ IT. I read about this in the KCRecord and it perk my interest when I read it. Now I want to direct your attention to the recent affidavit - letter of John Duggan, another longtime Hamman Attorney that is dated June 25th and entered into the KL &C landfill siting written record on June 28th. Again this is Sworn Written Testimony. Read it. Now We know by the sworn testimony of both parties to this contract, Waste Management of Illinois and Don Hamman, that Waste Management held a undivided % interest in the 1768 Acres in Fox Township, that is also being used in the ongoing Hamman Farms Composting Operation, this 50/50 agreement went on from Feb. 26. 1996 to Sept. 2003, it is undisputed and recorded as fact in the KL &C landfill hearing record. Please also note that as of Dec. 1, 2006 Mr. Hamman also entered into new and separate agreement with Peoria Disposal Company, who currently has a 20 percent interest in the proposed Fox Moraine LLC landfill. Now please see the 1999, 2000 and 2001 Hamman Farms Annual Reporting forms obtained by the Freedom of Information Act from the IEPA. The 1996,1997 1998 2002, 2003 and the 2006 annual reporting forms for Hamman Farms have also been requested, but not received. I have yet to receive these requested years for Hamman Farms Reporting from the IEPA. I believe you probably find they were filled out in a similar fashion once those additional years are also received. Follow with me here, Please let me direct your Attention to the IEPA Annual 2000 reporting form, I like that one as an example because it is the one that is the most readable, these copies were obtained from a micro fiche film and are not the best, but what I want you to see you can discern for yourself. -) Please see page 7 of 10, Titled ON -FARM LANDSCAPE WASTE COMPOST FACILITY Annual Report The first page is for year 1999, skip to page 10, it don't matter which year you look at, basically the only thing that changes is the number of yards reported on page one, from one year to the next on each annual report. What I do want you to see is page 2 of each year and specifically, page 7 of 10, which is the most readable. So let's go there please. Please let me read the top of page 2, again the wording is exactly the same year to year, I can't wait to get the years I don't have yet to also present. SEE Section B at the top of page 2) it reads "Please check the following requirements with which you are in Compliance " (Check all that apply) See Balance of Section B, specifically question #2 Let me read it to you, READ it, The wording mirrors, IEPA Reg. 830.106 (a) 2 and 415 ILCS 5 /section 21 (q) 3 9 (B) It appears Mr. Hamman incorrect) filled out this IEPA PA Annual State Form Year after Year, for the reporting documents I have at present, I suspect when the rest of the years discussed are obtained that one will find a similar and consistent reporting error. Please note that at the bottom of this reporting form in fine print there substan '�riminal and Civil penalties for failing to properly complete this form�m'`no P Y com P w asking you to not only get your city inspector to investigate Hamman Farms, but now I'm asking your Chief of Police to start his own investigation to find if in fact we have any violation of the laws that I have cited. Since this was well litigated in 1995 I believe Mr. Hamman should know what is in the IEPA Regs. 830.106 and 830.220, they are rather short and quite simple to understand. I'm also asking once the your Chief of Police completes his investigation that he hand the Yorkville Police Dept. investigation results over to the Illinois Attorney General's office, bypassing the Kendall County State's Attorney's office y because Mr. Hamman is and was Eric Weis biggest financial contributor. He provided untold logistical support and the loaning of farm wagon for mobile political signs for Eric Weis's election campaign and strategic placing of these farm wagon signs throughout the county in the 2006 Republican primary. Eric Weis's father, Jack Weis has a long -term close association and friendship with Mr. Hamman. We now know the 2006 Republican Primary State's Attorney race, the most expensive in Kendall County History was truly about being in charge of the landfill gold rush we the citizen's of this county are now enduring. This was the race was dash for the trash cash, unfortunately for the voters of Kendall County, this State's Attorney Race apparently was the lesser of two evils, and was a lose/lose proposition for the common citizen in this county. Do you have any questions regarding these documents I have presented from the public records of The KL &C Landfill siting hearing or the IEPA? Thank You for your attention to this matter and I await Mr. Dettmer Inspection report to the Pobol visit on July 3, 2007 and will be curious where this new Hamman investigation leads. i i i i COVY IN THE CIRCUIT COURT FOR THE SIXTEENTH JUDICIAL CIRCUIT KENDALL COUNTY, ILLINOIS People of the State of Illinois ) i ) Plaintiff vs. Gen. No. 95 CH 8 Donald J. Harriman and ) Carol S. Harriman ) FILED Defendant ) DEC -- 8 1995 SHIRLEY R. LEE AGREED ORDER. circuit clerk Kend,n ca This cause coming on for the entry of an Agreed Order, and the parties having'stipulated and agreed to the entry of this Agreed Order, it is hereby Ordered d and Decreed as follows: I • That the Order of this Court entered herein on April 12, 1995 be and is hereby amended by the addition of the terms of this Order pursuant to the agreement of the parties. 1, 2 • That the parties have stipulated that if the Court heard the evidence of Plain in this case, that the Court would find that from time to time, since April 12, 1995 offensive odors have been caused by the Defendant. 3. That from and after the date of this order, all landscape waste accepted by Defendants shall be handled as follows: (A) All grass clippings shall be chisel plowed or disked into land daily and shall not be composted. (B) Carbon producing landscape waste may be stored by the Defendants, but not composted, for the purpose of mixing carbon with grass clippings. (C) In the event wet weather makes application of grass clippings impractical, such clippings shall be immediately mixed at a 25/1 brown to green ratio with carbon materials to prevent the release of offensive odors to neighboring properties. The mixed grass clippings may be stored only until weather permits land application thereof, which storage shall not exceed 10 days. Defendants shall land apply the stored material by disking or chisel plowing as soon as around conditions will permit. Defendants shall make reports daily to the Kendall Cou State's Attorney from the date that storing grass clippings occurs until all stored grass clippi PP s g have been land applied. The reports shall notify the State's Attorney as to the amount of material stored and the progress of land application thereof. 4. Defendants shall use their best efforts to eliminate existing compost windrows droves by land application, while taking into consideration frozen ground, wet weather, wet round g ,and high winds. From and after the date of this Order, Defendants shall make written reports to P the Kendall County State's Attorney every other week until the existing windrows have been 1 ' d and applied. Said reports shall set forth the amount of compost that has been land applied, the a'nount remaining, and an updated estimate of the date of completion. All existing comp indrows shall be eliminated by land application no later than A p April 30, 1996, unless said date is hereafter changed by the Court upon application of Defendants for an extension of time due to weather conditions. That this Court shall retain jurisdiction of this matter for the purpose of enforcing ti the terms hereof. ' Dommermuth, Brestal, Cobine We td. f � By: ' Carol S. Harriman Attorney aintiff Craig Cobi Attorney Yor Defendants Donald J. tAmman ' DATED this day of /� 1995. Ente i 1 � Judge I IN THE CIRCUIT COURT FOR THE SIXTEENTH JUDICIAL CIRCUIT KENDALL COUNTY, ILLINOIS People of the State of Illinois Plaintiff F(L'ED VS • APR 12 1995 ) Gen. No. 95 CH o Donald J. Hamman and SHIRLEY R. LEE ) Carol S. Hamman Orowt perk Kendaq Co. ) Defendants ) O R D E R By Stipulation and Agreement follows: of the parties it is ordered as 1. Defendants shall: a. Comply with Illinois Pollution Control Board regulat on= adopted November 3, 1994, pursuant to proceeding R -93 -29 and more specifically Sections 8 30.106 and 830.202 and (m), as attached hereto (including Subsection !�, providing that n otificaticn.. requirements therein shall be made to .the Kendall County Heait! Department in 'li "' b• Establish, identify and implement a process which will a`✓oic: anaerobic conditions in the composting material. (. c• Establish, identify and implement methods for monitorinc temperature, oxygen level and moisture level and carbon /nitro 5 en level of composting material. d. Prevent stockpiled materials from reaching excessive internal temperatures which would cause anaerobic conditions. e. Grind all incoming grass landscape waste within 24 hours. f Truckloads delivered which have already reached anaer condition shall be immediately mixed with an appropriate source to discontinue anaerobic condition. PPropriate care Maintain a log cf all delivered loads and identify the sc _ each. h. Allow inspections by the Kendall County Health Department to monitor compliance with the above. 2. That this Court shall retain jurisdiction hereunder. The above is stipulated: �� • �._!�f��. -rte ; � -�'T„� ey for Attorno for Plaints Defendhnt i Donald J. Hamman Carol S. Hamman DATED this l L ay of �J J<— , 1995 Enter. I, Judge . I I I A) The volume of composting material received and used at the site during the previous calendar year; and B) The volume of compost produced during the previous calendar year; C) That the facility is in compliance with the requirements set forth in subsection (a) of this Section. (Section 21 of the Act) ++++++++++++++++++++++++++++++++++++++++++ + + + + + + + + + + + + + + + + + + + + + + + + + + + + + ++ Section 830.202 Minimum Performance Standards and Reporting Requirements for Landscape Waste Compost Facilities With the exception of on -site landscape waste compost facilities, all landscape waste compost facilities subject to this Part shall comply with the following requirements: a) The composting material shall not contain any domestic sewage. sewage sludge or septage. b) Any bulking agent used which is otherwise a waste as defined at Section 3.53 of the Act, other than landscape waste, may only be used as authorized by the Agency in writing or by permit. C) The operator shall take specific measures to control odors and other sources of nuisance so as not to cause or contribute to a violation of the Act. Specific measures an operator should take to control odor include but are not limited to: adherence to the contents of the odor minimization plan required at subsection (e). Specific measures an operator should take to control other sources of nuisance include preventative measures to control litter, vectors, and dust and itoise generated from truck or equipment operation. d) The operator shall have available for inspection a plan for the intended purposes of end - product compost and a contingency plan for, handling end - product compost and composting material that does not meet the general use compost standards set forth in Section 830.503 of this Part. Such a plan may include, but is not limited to, consideration of the following: on -site usage; identification of potential buyers including but not limited to gardeners, landscapers, vegetable farmers, turf growers, operators of golf courses, and ornamental crop growers; maintaining consistent product quality for such factors as stability, color, texture, odor, pH, and man -made inerts; and removal of end - product compost that cannot be used in the expected manner because it does not meet the general use compost standards. (Section 22.33(a)(4) of the Act.) e) The operator shall have a plan for minimizing odors, The plan must include: ++ i+++++y i-++++......+ y}}+ t.. .......... 1}+ tt++.I- +t+ + + + + } + } +- i + + + + +i } Scctinn 830,1116 On -Farm Landscape. Waste, Compost Facility a) A landscape compost operation on a farm must satisfy all of the following criteria: 1) The composting facility is operated by the farmer on property on which the composting material is utilized, and the composting facility constitutes no more than 2% of the property's total acreage, except that the Agency may allow a higher percentage for individual sites where the owner or operator has demonstrated to the Agency that the site's soil characteristics or crop needs require a higher rate; 2) The property on which the composting facility is located, and any associated property on which the compost is used, is principally and diligently devoted to the production of agricultural crops and is not owned, leased or otherwise controlled by any waste hauler or generator of nonagricultural compost materials, and the operator of the composting facility is not an employee, partner, shareholder, or in any way connected with or controlled by any such waste hauler or generator, 3) All compost generated by the composting facility is applied at agronomic rates and used as mulch, fertilizer or soil conditioner on land actually farmed by the person operating the composting facility, and the finished compost is not stored at the composting site for a period longer than 10 months prior to its application as mulch, fertilizer, or soil conditioner, and 4) All composting material was placed more than 200 feet from the nearest potable water supply well, was placed outside the boundary of the 10 -year floodplain or on a part of the site that is floodproofed, was placed at least 114 mile from the nearest residence (other than a residence located on the same property as the facility) and there are not more than 10 occupied non -farm residences within 112 mile of the boundaries of the site on the date of application. and was placed more than 5 feet above the water table. b) The owner or operator, by January 1, 1991 (or the January 1 following commencement of operation, whichever is later) and January 1 of each year thereafter shall: 1) register the site with the Agency, by obtaining an Illinois Inventory Identification Number from the Agency; 2) File a report with the Agency, on a form provided by the Agency, certifying at a minimum: A ) Speciiicalions or a readily - available supply of bulking ayenu,, additives or odor control agents; 2) Procedures for avoiding delay in processing and managing landscape waste during all weather conditions; 3) Methods for taking into consideration the following factors prior to turning or moving composting material: A) Time of day; B) Wind direction; C) Percent moisture; D) Estimated odor potential; and E) Degree of maturity. f) Landscape waste must be processed within five days after receipt into windrows or other piles which promote proper conditions for composting. Incoming leaves, brush or woody landscape waste may be stored in designated areas for use as a carbon source and bulking agent, rather than being processed into windrows or other piles. g) The facility must be designed and constructed so that runon is diverted around the composting area. The runoff from the facility resulting from precipitation less than or equal to the 10 year, 24 hour precipitation event must be controlled so as not to cause or contribute to a violation of the Act. h) The facility must be constructed and maintained to have an accessible clear space between windrows or other piles, suitable for housekeeping operations, visual inspection of piling areas and fire fighting operations. i) Except for on -farm landscape waste compost facilities, the operator shall post permanent signs at each entrance, the text of which specifies in letters not less than three inches high: 1) The name and mailing address of the operation; 2) The operating hours; 3) Materials which can be accepted; and 4) The statement, "COMPLAINTS CONCERNING THIS FACILITY CAN BE MADE TO THE FOLLOWING PERSONS, followed by the name and telephone number of the operator, and the name and telephone number of the Bureau of Land, Illinois Environmental Protection Agency, Springfield, Illinois. j) General use compost, if offered for sale or use, must meet the performance standards set forth in Section 830.503. k) Reporting Requirements. 1) The operator of any facility required, pursuant to 35 III. Adm. Code 831, to have a permit shall submit a written annual statement to the Agency, on a form provided by the Agency, on or before April 1 of each year that includes: i�) 1-in estimate of iiie ai�iouiii of �r�aieifai, ire turn. received for composting in the previous calendar year (Section 39(m) of the Act), B) An estimate of the amount and disposition of compost material (i.e., end - product compost, chipped /shredded brush) in the previous calendar year: and C) A Composting Facility Financial Assurance Plan Compliance Certification in accordance with the requirements set forth in Section 830.606. 2) For any permit- exempt facility with over 100 cubic yards of composting material on -site at one time, a report must be filed by April 1 of each year with the Agency, on a form provided by the Agency, stating, at a minimum, the facility location, an estimate of the amount of material, in cubic yards or tons, received for composting in the previous calendar year, and the total amount of end - product compost still on -site, used or sold during the previous calendar year. I) Closure. 1) Unless otherwise authorized in a facility permit, all landscape waste, composting material, end - product compost, and additives must be removed from the facility within 180 days following the beginning of closure. 2) An operator of a facility regulated under this Subpart shall close the facility in a manner which: A) Minimizes the need for further maintenance; and B) Controls, minimizes or eliminates the release of landscape waste, landscape waste constituents. landscape waste leachate, and composting constituents to the groundwater or surface waters or to the atmosphere to the extent necessary to prevent threats to human health or the environment. 3) By April 1 of the year following completion of closure, the operator of a facility required to report pursuant to subsection (k)(2) of this Section shall file a report with the Agency verifying that closure was completed in accordance with this Section in the previous calendar year. m) Odor complaints. 1) Except for on -farm landscape waste compost facilities, for every odor complaint received, the operator shall: A) Record and report to the Agency within 24 hours after receiving the complaint, the date and time received, the name of complainant, the address and phone number of complainant, if volunteered upon request, and the name of the personnel receiving the complaint. 6 / Record the date, Lillie, and natu,e iii any action in response to an odor complaint, and report such information to the Agency within 7 days after the complaint. (415 ILCS 5 /Ti t. V heading) TITLE V: LAND POLLUTION AND REFUSE DISPOSAL, 4 15 iL CS 5 / Section 2 f, sub section (q), paragraphs( 1,2 , 3), sub paragraphs A , B, C, D (q) Conduct a landscape waste composting operation without an Agency permit, provided, however, that no permit shall be required for any person: (1) conducting a landscape waste composting operation for landscape wastes generated by such person's own activities which are stored, treated or disposed of within the site where such wastes are generated; or (2) applying landscape waste or composted landscape waste at agronomic rates; or (3) operating a landscape waste composting facility on a farm, if the facility meets all of the following criteria: (A) the composting facility is operated by the farmer on property on which the composting material is utilized, and the composting facility constitutes no more than 2% of the property's total acreage, except that the Agency may allow a higher percentage for individual sites where the owner or operator has demonstrated to the Agency that the site's soil characteristics or crop needs require a higher rate; (B) the property on which the composting facility is located, and any associated property on which the compost is used, is principally and diligently devoted to the production of agricultural crops and is not owned, leased or otherwise controlled by any waste hauler or generator of nonagricultural compost materials, and the operator of the composting facility is not an employee, partner, shareholder, or in any way connected with or controlled by any such waste hauler or generator; (C) all compost generated by the composting facility is applied at agronomic rates and used as mulch, fertilizer or soil conditioner on land actually farmed by the person operating the composting facility, and the finished compost is not stored at the composting site for a period longer than 18 months prior to its application as mulch, fertilizer, or soil conditioner; (D) the owner or operator, by January 1, 1990 (or the January 1 following commencement of operation, whichever is later) and January 1 of each year thereafter, (i) registers the site with the Agency, (ii) reports to the Agency on the volume of composting material received and used at the site, (iii) certifies to the Agency that the site complies with the requirements set forth in subparagraphs (A), (B) and (C) of this paragraph (q)(3), and (iv) certifies to the Agency that all composting material was placed more than 200 feet from the nearest potable water supply well, was placed outside the boundary of the 10 -year floodplain or on a part of the site that is floodproofed, was placed at least 1/4 mile from the nearest residence (other than a residence located on the same property as the facility) and there are not more than 10 occupied non -farm residences within 1/2 mile of the boundaries of the site on the date of application, and was placed more than 5 feet above the water table. For the purposes of this subsection (q), "agronomic rates" means the application of not more than 20 tons per acre per year, except that the Agency may allow a higher rate for individual sites where the owner or operator has demonstrated to the Agency that the site's soil characteristics or crop needs require a higher rate. i Page 2577 Page 2579 1 much tonnage is coming in the gate would determine how 1 there will be large sections of all of those phases 2 quickly you would develop the next cell. 2 that will already have final cover on them. 3 At some point, you would slow the 3 So as you continue to go up in the 4 cell development down because you have got enough 4 air, you are going to final cover as much as possible 5 foundation or enough area developed out to where you 5 of each one of those phases, but there will be 6 can continue to go up before you need to go further 6 portions of Phases 3, 4, 5, and 6 that will be in 7 out. 7 construction bringing that point all the way up to its 8 Q. Okay. So could you be like in Cell 5 or 6 8 final contour. 9 before 1 will be totally covered and ended? 9 BOARD MEMBER WYKES: Okay. Thank you. 10 A. It would all depend on the final contours 10 HEARING OFFICER KINNALLY: Any other 11 that are in each phase. 11 participant want to ask Mr. Hoekstra any questions? 12 But certainly if you look at the 12 (No response.) 13 final contours designed for this fertility, there are 13 HEARING OFFICER KINNALLY: Okay. Thank you, 14 certain phases that would not be completed to their 14 Mr. Hoekstra, for coming and testifying, 15 final contour because of the height that you need to 15 How long is your next witness — or 16 achieve. 16 you didn't have any other questions for him, did you? 17 So you would have to have a larger 17 MR. MORAN: No, I did not. 18 foundation in order to reach that height. So you 18 HEARING OFFICER KINNALLY: Okay. Thank you. 19 would be further out in phases before you finally 19 MR. MORAN: The next witness is probably ten 120 reach the top of the facility. 20 minutes, 12 minutes. 21 Q. What Is your estimate? 21 HEARING OFFICER KINNALLY: Okay. Let's do that 22 1 mean, how many phases do you think 22 one right now then. 23 would actually be opened before one would get 23 MR. MORAN: Our next witness would be 24 completed? 24 Mr. Dennis Wilt. Page 2578 Page 2580 j 1 A. Well, as you begin to develop the site and 1 (Witness sworn.) 2 work out on the foundation and try to raise your 2 DENNIS WILT 3 elevations and complete those, you are going to be 3 called as a witness herein, having been first duly 4 final covering the slopes that you would have all 4 sworn, was examined and testified as follows: 5 along your western side and the northern side and on 5 DIRECT EXAMINATION 6 the southern side. 6 BY MR. MORAN: 7 So you can cover those and final cap 7 Q. Could you tell us your name and spell youli 8 those as you go. It is — you are only going to be 8 last name for the court reporter. 9 able to develop this phase to a point where you can no 9 A. Dennis Wilt, W- I -L -T. l 10 longer turn trucks around on top of it It is going 10 Q. Mr. Wilt, what is your business or 11 to get too narrow, and then you need to build your 11 occupation? 12 foundation out again. 12 A. I am an in-house lawyer for Waste 13 But we do, in fact, final cover as we 13 Management, an employee, not with a firm. 14 g °' 14 1 have been general counsel of Waste 15 Q. Just give me a rough estimate. 15 Management of Illinois for about 15 years. 16 How many phases do you think will 16 Q. Okay. What are your duties and 17 actually be open or non - completed at any one time? 17 responsibilities in that position? 18 That is all I just wanted to know. 18 A. Well, with respect to development 19 A. If I can just look at the drawings for a 19 projects, I manage the preparation of our siting 20 minute. 20 application, the preparation for hearings like this 21 In order to reach the peak that is 21 hearing, appeals that would follow a hearing like this 22 designed in the facility on the western end of the 22 hearing. 23 site, you are probably going to be out into Phase 5 or 23 Q. How many such siting applications 24 6 before you can finally build that final point. But 24 approximately have you managed or directed? 070530 WMI Hearing Transcript Pages 2577 - 2580 Page 2581 Page 2583 ' 1 A. In the 15 years I have been in the Chicago 1 CEC Engineering. 2 area, about a dozen. 2 We weren't uncomfortable with that. 3 Q. And those include both siting applications 3 1 was not uncomfortable with th at. John Hock, the 4 for new landfills, expansions, and transfer stations: 4 project manager from CEC, used to work for Waste 6 A. That's correct. 5 Management as an engineer. I went to our engineering Q. Now, for each of these siting applications 6 people internally and asked questions about John's 7 that you have managed other than the one we are 7 performance. They thought very highly of him. But we ! 8 dealing with here, has Waste Management of Illinois 8 didn't retain CEC, but we agreed to have a joint 9 been the sole applicant? 9 application. 10 A. That's correct. 10 When we started moving forward with 11 Q. Would it be accurate to say that this is 11 the Siting Application process in full, we brought on 12 the first project in which Waste Management of 12 additional professionals on to our team. I think at 13 Illinois has not been the sole applicant? 13 one time, we probably had 45 or 50 professionals 14 A. That's correct. working 15 Q. Could you briefly describe for us the 15 taffic, pro the Application, the different criteria, 16 steps that are taken in identifying a site, selecting 6 property value. 17 experts, and moving forward with the preparation o engineers that resulted t in the double composite design 18 that application? 18 that has been discussed at these hearings. 19 A. Well, I think here it is important to 19 And on the design side, we 20 understand that, you know, we didn't begin this 20 supplemented CEC. We brought in Andy Nickodem from 21 project. We didn't select this site. 21 Shaw. We brought in Dr. Stark, and you have heard I 22 Kendall Land & Cattle had been 22 from him. We had two very experienced engineers involved in looking at a site in the southern part of 23 in -house at Waste Management, Bill Schubert and Chris! 124 the county. I believe that is something that is 24 Rubak who were part of the development team. I Page 2582 Page 2584 1 known, and they approached us probably late 2005, 1 The Application was not finalized 2 early 2006. 2 until we had input from this entire team, Mr. Nickodem 3 We did not reach an agreement with ! 4 Kendall Land & Cattle until about a year ago, June 4 Man gement, and I CEC. al engineers from Waste 5 of 2006, and that agreement was that we would be the 5 With respect to the next step -- so I � 6 operator and the owner if we were fortunate enough to 6 guess the point is: The Application itself was a 7 be sited and receive an IEPA permit. 7 collaborative effort by a number of people. i 8 MR. MUELLER: Mr. Kinnally, what is the 8 9 relevance of this as rebuttal? What is he rebutting? When it came to the hearing - -and I 10 HEARING OFFICER KINNALLY: I am not sure yet. 10 Mr. Mueller, i t t becom t hear erelevan l t I have heard 11 He just got started. 11 why isn't CEC testifying 12 So if that is an objection, it is 12 13 overruled, and I guess we will find out as we o Well, we hired Mr. Moran as our 14 along. You can renew your objection at a later time 14 recommended e using r Mr. Nickodem as our witness with 15 if you want. 15 respect to design. Mr. Nickodem was part of a fairly 1 16 BY THE WITNESS: 16 large team, the largest team I think we have ever had 17 A. With respect to this site at the time we 17 work on an application. 18 entered into an agreement with Kendall Land & Cattle 18 He 19 in June of 2006, CEC Engineering had been retained by 19 accepted that as manager of t Moran. I 20 Kendall Land & Cattle, had worked on this project and, 20 accepted it for a variety of reasons. is protect, and I 21 in fact, had really started putting together the 21 22 pieces that resulted in the Siting Application. Mr. Nickodem had worked for Waste 9 PP 22 Management on many development projects. He had 23 So when we signed our agreement with 22 tested at Kankakee. He had testified recently with 24 Kendall Land & Cattle, what came with that is 24 respect to the Layaway expansion. 070530 WMI Hearing Transcript Pages 2581 - 2584 1 Page 2585 We were very comfortable with Page 2587 2 Mr. Nickodem. The other members of our design team 2 BY MR. MORAN: 3 including CEC, we talked to them. I talked to them. Q. With respect to these siting applications, 4 I talked to John Hock. He was very comfortable with 3 is it accurate to say that as you have indicated, they 4 involve a number of experts in multiple disciplines S Mr. Nickodem representing our project as our witness. ' 6 5 who will work in connection with preparing data, With respect to Ms. Underwood — 6 gathering data, and preparing a siting application? 7 MR. MUELLER: Move to strike as hearsay, 7 8 Mr, Hock's comfort level is clearly hearsay. HEARING OFFICER KINNALLY: I think he already 9 HEARING OFFICER KINNALLY: That is overruled. 9 BY THEtWITNESS: i 10 Hearsay is admissible. We have heard so much hearsay 10 A. Absolutely. 11 in this hearing so far. George, it is unbelievable. 12 BY THE WITNESS: 11 HEARING OFFICER KINNALLY: He said he had 12 45 people working on this thing. 13 A. With respect to Ms. Underwood and 13 MR. 14 Earth Tech, we have worked with Earth Tech for many, 14 applications. I am asking about prior 15 many, many years. I 16 15 HEARING OFFICER KINNALLY: Oh. We have worked with Ms. Underwood at 16 BY MR. MORAN: 17 a number of projects. She seems to forget some of 17 18 them, but she has worked for us, with us, at Larawa Q. Just to indicate that indeed this is a y 18 typical 19 recently, at Prairie View. She worked at Settler's. pical situation, is it not, Mr. Wilt, in terms of 20 We had — 19 the number of professionals who will work in we have a relationship of trust and 20 connection with the Siting Application? 21 confidence with her. 22 21 A. I think, Don, we had more professionals Maybe the first time I met with her 22 wonting on this because it was a joint application. 23 after Mr. Moran suggested that she be our witness at 23 We probably had a few more here than we normally have. 24 the Siting hearing, it confirmed in my mind that we 24 Q. And in those situations where there are 1 made the right decision. She said in no -- withoutge 2586 1 this significant number of professionals the Page 2588 2 any lack of clarity, Dennis, the bedrock is the y all 3 aquifer. You will be putting the landfill on top of 3 don't testify at a sating hearing, do they? 4 the aquifer, clear, concise, A They don't. 5 4 Q. And the decision to make in terms of who She is one of the best professionals 5 testifies is one made by based upon the obligation to 6 1 have worked with. She tells me and our company not 6 establish compliance with the nine siting criteria; 7 what we want to hear but what the facts are. 8 But the decision on the Siting 7 correct? 9 Application, collaborative effort. It was a team. 8 A. That's correct. 9 That 10 The decision on who testifies was a recommendation by 10 to inc ude only a c numbs of tho esslry made by nece 11 our lawyer, Mr. Moran, who we have worked with for I I professionals and not everyone who 12 years; and I think he has as much experience in these 12 connection with preparing any part of an ap 13 matters as any lawyer in the state. I accepted those 13 Y P n application? 14 recommendations for the reasons I stated. A That's correct. 15 14 MR. MORAN: Thank you, very much. And I guess finally I would look at 15 16 this -- and George will object —you know, if I had Nothing further. 17 to have surgery, I'd want a team of surgeons looking 6 HEARING OFFICER KINNALLY: Thank you, g 18 at the background information and discussing what 18 Mr. M oran. 19 would have to happen to me. Mr. Mueller, do you have any 20 19 questions? But, You know, when I picked the 20 MR. MUELLER: Mr. Kinnally, I don't, but I 21 surgeon to do the surgery, I'd want the most 22 experienced person, and that was one of the thins 21 would move to strike the testimony as not being 9 22 rebuttal for the reason that answering a question 23 that was factored into the decision to have Andy and 23 which came up in somebody else's cross examination is 24 Joan testify. 24 not rebuttal. 070530 WMI Hearing Transcript Pages 2585 - 2588 Page 2589 Page 2591 1 Rebuttal has to be directed at 1 how relevant it is either, but I am going to give him 2 evidence that was elicited by an opposing party. 1 2 a little leeway. 3 don't think this was. I don't think it is relevant. 3 1 don't know where we are going with 4 HEARING OFFICER KINNALLY: All right. Well, my 4 it. I am going to overrule the objection. 5 response to that is and as I understand what this 5 BY THE WITNESS: 6 witness is testifying to is, throughout these hearings 6 A. I think I can answer that, Mr. Porter. 7 there have been questions by you, Mr. Porter, 7 At one time, we owned an undivided 8 Mr. Blazer, other participants, County Board members 8 halfAnterest in Mr. Hamman's Fox Moraine property and 9 or the Committee, myself, as to why the individuals 9 had an agreement with Mr. Harriman, George's client, to 10 who prepared the Application; namely, CEC, did not 10 develop that property as a landfill. 11 testify. 11 About six or seven years ago, we sold 12 As I understand this testimony -- and 12 our interest back to Mr. Harriman; and that agreement 13 maybe I am wrong but I don't think I am -- the reason 13 was nullified because we had made a conclusion we 14 for this witness testifying is to tell us why they 14 could not meet the siting criteria at that site, that 15 didn't. 15 that site was not proper. So, sure, we looked at 16 And to that extent, I think it is 16 other areas in this County, -and that is one of them. 17 proper for this witness to testify because many of the 17 With respect to this site, we have 18 cross - examination questions were centered on where is 18 been comfortable with this site from day one. We 19 CEC. 19 can't think of a better location in the County for a 20 So your motion is denied. Do you 20 landfill, its proximity to traffic arteries. It is in 21 have any questions? 21 the southern part of the County. It is away from the 22 MR. MUELLER: No, thank you. 22 growth zones. It is away from the population center 23 HEARING OFFICER KINNALLY: Okay. Mr. Porter "23 of Yorkville. 24 MR. PORTER: Just a few. 24 We have been -very comfortable with Page 2590 Page 2592 1 You mentioned you did not -- 1 this site and our ability to meet the nine criteria 2 HEARING OFFICER KINNALLY: I am song, 2 from the first day that Kendall Land & Cattle came to 3 Ms. Harvey. I missed you. I apologize. 3 us, and we continue to be comfortable today. 4 MS. HARVEY: I did not have any questions. 4 We have looked at different sites, 5 HEARING OFFICER KINNALLY: All right. 1 5 specifically Mr. Hamman's site, and decided that is 6 apologize. 6 inappropriate for a landfill. 7 CROSS - EXAMINATION 7 BY MR. PORTER: 8 BY MR. PORTER: 8 Q. On the issue of comfortability, you 9 Q. You mentioned that Waste Management did 9 mentioned you are very comfortable with Mr. Nickodem 10 not select this site. 10 and Ms. Underwood testifying. 11 What does Waste Management usually do 11 Are we to assume then you are 12 when it comes to site selection? 12 uncomfortable with CEC witnesses testifying? 13 A. We will look at a site, Mr. Porter, and 13 A. I rely on Don for that, but I will just 14 make a determination or an initial determination of 14 tell you that I approached John Hock on this issue, 15 whether we can meet the nine criteria with respect to 15 and he advised me he had never testified at a siting 16 that site, and we did that here. 16 hearing. 17 Q. Okay. Am I correct that the use of a 17 Now, Mr. Nickodem was on the stand in 18 double liner is highly unusual for Waste Management? 18 his cross - examination for nine -and -a -half hours, 19 A You are correct. 19 probably seven hours from Mr. Mueller, questions that 20 Q. And was there an investigation of other 20 1 had no idea what he was really asking. 21 sites in this area that could have been developed 21 1 think it would be not a good thing 22 without the use of a double liner? 22 for me as the manager of this project to put someone 23 MR. MORAN: Objection, relevance. 23 in a position that they have never been in before. 24 HEARING OFFICER KINNALLY: Well, I don't know 24 Mr. Nickodem was involved in 070530 WMI Hearing Transcript Pages 2589 - 2592 ' ' �a-•'r �•1^�•`.r' � \..+wV +�.. ✓...r J• �. ..'x.• •,... •Y �••,r. ., -„ � , ..• , - - , - - .. " -.- . '- � ��' � - � ' + J � r .. ��.. M n 1 �l.�i i. -•. 1 NY(k TROtECTIOWA ' 1 N.iti'.iJJ• l .,'!� .• r 't 27 �Al ,tJ.�LTJD.�V1rt�j kA�t,• ��}:, 1bUJl�( BI7G;' SP7tlrDCFiEtb� ;b� ': � _ -� 1 I r , +r S ' . S Y Mf•1 R 'D FAR M > APF'.WASTE.'Com JF ■yam 1 ` ■ y ��y / ANNliA REP �1 a;�1YI7�i :Or op�r.�lor of All t]n' -farrii lr�nr�ui� r:.W��le't'!c,m,ri�f'NnaiEi� to su�uilt E�i #I�e IUiuvi� 13 vjrq iEmer�fal �ratcc�o�s�Agi*n�y'gri Runi3131re t .:•' !I A!�vinlstraiivd ;o B3Q OG 2 • :- -. • • :.... , ; :.. Sri Unda�3s lE toEs=: �:• � ..>i�u�acage••�Va�io�ca r� .�:.... .. . I mi is � erilled byt)ic del orp rbpert - _ , Y:bwnar ii�C�'tJla co'inposting I��leiia! is used, 'f`li13 i r6porl i5 iia T� da �,�?�Oo and ft s �` • r IY.. hall �aY�r tlie'previauacnlria�da� �r r �aui� ' . - c ule t c ibis fariri and rE3urri it lo'thc ` ... _ - '• ;�tI1Lr}�S: �IOt�fIC117 � �, •',.�'; . _ ,'' - "` - 31k km 0-1 �.A # _ •� � • . - ' ' • . - :r�•.. �:`' ,t'•. •09��O1SS0�t3:.�'.•I, - 1. - .- - i r" % lliiil• 41dILt� V `(�! a • r _': ~' ' .. EILOF]7ilII l� >a l�iren�e' arul} J;?a�t'•:� � ,..'' 637.S,RIa . ' �` •`�' . r riug[icicl, pitn+ite �79d =p27� :: - ,.. V► OOSd .= ' �' � if y'UII ilZ�rC 8II 1iP.S�t01k3r -�} .. ... ...; -. :,• : r:� •.' •' :'•: • '� ,':!'` � - �': � - Y R �c ?Sa COUiact • �� J3u�cau' G[I.�ncl`9 Avn�inl [�avpar('a •� ��: r •� - ' - - ar � ?33„• • :r.a � n ,�i'1�1�i�Ecst trait, • : - ' Gib � rnr•in �I� ter�eu f'f Ihc' ' rC�ata •� ` ' .• '• '•• • , • :; � .:'� � , ,r. - 1, .,.. • '•.'.�,.•: �.._, %: ° : � �4 ur.0A laity <:_ _ .. T he tpta! voluaia c� al rec - , ..:;.:. I r :•�... `: ' ' ! n>3tor� t[ved fiat c�nsQOSlink u rl�g iha r r • 1 �a,�'?�L�. vabiv j+iiriia; � � I � � •..L.� r:• -.,,•_ • 1 r7 ,�'earl�• .`' _ r - _Tlie lc ta! ynluoie of ��ti OM » n `• r • - ' )ice f , • _ � • ' • �_ •; . � •'. - . 014 Hiik- ih�e. cR lenelar }iegr; � ; ;' •` • _ a. �- - " W " POst a ) :��ddiiri�5,i)!ie:Caieud F`lras'r. ruaLiuiie flii rBYC 13G.SyCIP �f f4 ' f : • • i 1 .' . {, . LK; J. _ 1 _,,.,:._ tl `vrtticli" ..i nr� lu +rn �hau6 v` "k al] that app S wi 1p) )��e��5a check the WON (1g T�q,ifret,�cnt � Yq!. , , I . ;.� 1/ ♦ 1:` FTU cf �iji,a�li facility is �j� raf d by tlia faiiuej gm Pr�pe��y an tiYhic� tlsc c��ipastictg t :l - .'11we:rfxf is ad imd;:arid tub coliip ti�'ig f�citiity:�i istitutea lid tri rc tllali 2$b U[:tll�. • ..;' ', k ,� .. prollccly}s tati�l:flue�g ; epE. tllat�tl�� r�geitcymayat log .';r Igklcr r��nt��g�_lvr - .��; 1rtdlv�3uAi �ttes.��hc!s� II« 4w�ier'br•a�i rotor has i]culo to ilti; Agency 111k 6 ; ape's soil char ctcri5llds of craJ) nc. &Is requim a Iji har pitc,:.'• t . fh4ill� DC�fLed hot 'ri�r hssnci ate lttupertti' �.� i_ ei �y'�� ' ,. oil ti��li[clti Ih� c4tllprist is ui cl,•js pnnupalij+ n id ¢iligcntly� {kcvofccl tp Iht;:gr - o[ g rieitlttiial W ap.. is not Owns <!, l�ascd or..otlicnl`�ts�.c,�nl>rbll d lsy:anY � etc :1 g d the o o craidi o[ Ida';' E hriti lei - cry gcnorator,.ol >>411 grlruliilx . i i)�pu. ' c i'ualai G Is; nll p co�P�ting•'fai;i �s iwt, au enillloycc Partl}cr, sharcliolder,' or in aliy��5'>ay;col7necicil ' . with ai C611t i�blled l } for; 3:: All cow t -lie bj� the couip'4stia8.i iliij� i applled grc� �nlia`F�Ics,alk+� vacd , ' : tortll f� rir r,;1 rartslklianitr.i5s; laisd�uctiiafly fari.AOA b }'the ".g i btt Operating : iie uiultlt� f , ;1i�C c�utifrv�lin facility; end tlro d1iisi�cd coang�t ig 110t slo 4 , fll tllc.c�aip sung siEc'.. for: rt 18 tuolll9rs l 'agpWallanasiciltlr, rutilimt, 4 soil :lt+l1 eompo _'#ieg ni r6l was Placed iitgec.fh�n'LLcQ fcct:frohi th res# p4t�blewalcr' tlr'c 11} = - f Etaod lade of . !w o art of .•. isi��Y:�ti'all, Wxs gl;itei;l cwlsi,�r:,lL l,indaiy cif y. ..:.,.... P, llic sit e'tbii is flaodpiac�[c �ti�AS [rla�etl ad leASf miler.froin:ili�. ne�iasl residfan�a; F _ h (i�tlier than a rESide� {� t ie sa. ,b Oi-4 - clIL, s the fzicil�l� grid there aril cUL .. iiirrrt: Iltxa 1Q 'peup�ed.11oi�frrli`re�idcuratS wi111lri 11a uEilu �l tli�. bvu�claTl� of 1116r�, rin tlt�: datc of A,j�}�licatiibit, iind I��as placed aioro'ti)all 5.fce1 ki . 6 O water L00 - ( ! -- . _ - ., "�• 7. ,f. .,•; '{. , ;< - •• �, �( x• L _'••.r r ;' _ - It ccdfy uy�or of lad �ktst hm ; r]Lj� r.:a,ni�ad ind arc romflier with the t�6a� sutcoilled k;, ihhls ondslT suaeticy ate? ly _ - P° .. .. ,,.. •. :.•.,: daciim•�:ic: i,id Waif 1:. td OIL 3-Ay mqui,y. w u�ose indMduiS* G� fed lately nce�ueLtc.forubf+iaLig the in'oh��aliori, l ' ' 1� arcil �liice for sulxnitia fr~l�o igl�r- ' ►Le uLcoiet4diwFr,an:b I4 Inie 21!(Aq Sa ards IC,•i am IY�-LfdtllL�rll�Fe �,iG�iuli pen q t c�al}:n. 3��hider� �sassibelii }'.4f c'a �iiprati�>�cnl:;':`,'�.:: N,,,,lc �i,i� ` 1tYpe) ,��/�/� '� d' � ► t't� _ �'��odr` �� :ta j'!.= 9/ jcn l CU rC C [T I �'Jf'tr*'f' :• Ll,l l� 1�' i a�ihi 1S llliaoi� rainy riltlb•Cav b3QU- 13y(2), l.kSe ;' This nfency at1LjQrvad to rtyutre+lbia infgrnutian under. /!d _ .. Thd tp do9� )clay rt�ult In I(CM p n�l�yr}f 00k lo�'•� , uit� pu irl�litxma] 41 nut -i cxr+xd $�0�100 Cut a ub day d4tMg u#pch tlf�`vi5satson i� 1n3J!i�froi►,i1 i� ri d�rs A'odSd�tut 1 kti sul trait 1ba 1'ami Mia+�a ou Ct f,>ule fo rrnit;unvihIcf h 'Fns;roamtuca1Act.;'Ifrls .h bear�PPr° cud f g= ln. n.er. ..�: •r' - ••ti .. /.�•.I; ,1 ' 1. . _ - �'J' �•.:... ... .. _ , .:. �, _ '. ' ' ,' •• � �• • , - ' hj'nfi 1 11, ItFlli •- _ . • • . •,, .'. . • •.� •. ^ + ?�, . i . • �'' �' 1�1eI1T ;u1tiY••�.``s,.�%1)I�t}r� ' s'• �• .'�`. • : ,• • , _ Chop • .' iKC� IFiI F e�� • >ticlll [) l'��r� �'''�. ` � � � ,�• .. . ,` • r 1 ,'F . i •I ; I r�, Kriv{ ? l�l Ili atiiiii.n 1, I rsE i.e;�.l Upj A �- Ijtj.V i�E I Noe�llfi' .lir�1'f�vfinl�i�'i;a��t..,. ` 13'4�� ±i ti'Lil�,1- (12'it�' '' ^' :;• �••� E]r;� �� : ,hlclflj t 1 Ali: ' :' .. ... , I. ••� _ ,- ..�, ' Al. 1.hti;hl;if ' qQr:; ' l i 1• ' IlhR f r� t � y] �'i�i'r,l;:;rl ,ei�ii�- ';%1!': Etr' I �0[l. ' ' I''•: ;r ...: ; , , , .'1 r •J rill' L• ' =- _s {171 t�illmA�igM' . lrnA35y I ' . r$ p hrL.?1`•1 I I� lit 'I un IIP]li1 1 V.k '+�Jjftk:ti n0 0�421 1 • 1 9Ln =P OL : 'L]1} L 1 TIC 0cl'1:`t it . � 1 �I��'!n''t`: Up I �!^ IILI�l�.l.'l�l•s�'y' + i ' E'I'•Vnlf% - Skww;��.3tT1V. �slc= t7t![4•�� ) �iOC��• i]•'t;Aljl.A). , . Lt 7jebk Acr'mcy ' _ - •�Y - I. , �r 1T, / \� I, M j ti • wiyy�nJ.r r:.� y 7t:' r `.' + fpl YIRAW � ?Ijar'C( t '. ., � oL °SAM. ON,. FARW ATF .COIuIF?3ST ' A CI LITY 1 r �.'• lIs .;n o A'tii:r Or. OpOrMD of Dill Ong rsin1 !.gin <Ist�fpe �N� in Caalijiost I�ACiJk1 � itrc rc n uFfccl io sub i Y fromma n fa I ProiArjo'A� n� aii aaiw�tl rc rE.urld' 33 i itiit to ltili I�liiiois fSi Y p 111116is ` H r 'ode 06 10{S)( •) .' An 7RIC'44411]►C1Sf �:lC]Ill�' jStt EACl It i _ tl;ai ut x raiir d !Wy•tlic !a`rn ci (Jr.pr,i}� �rLy,ati+'rpc� on ti Y11iC�! t7t�. c,:::lf;o5 {J�s �iia�criy! i� usc�L'��iGs : a�lnilal iepurt'fs �luo Jtinunry.1; 20,iui1 It f�iillJ ooh'e'r:lhc pi�vuxcalent�.�'}r��i. {di�nti�r }r'! tliru' ' - . 1'lcn : 'cow e.lc -; . 1'� � ..�` �_�� ;1 `� '�,•`� : '� , pl Il�ix'(ctnitiand Fclur'�i i� ��i'�lie:ftlling oiddnss� Y `: _ -- IIUJLi 6 ra)vi+uAiliiiVii'Lul hi • - `'iltiur'�►R►v] UF114.: �•... .. - ... :.} {n�ritnaii F=arinj • . �`'�.:� . „ - ]4 1 I�foii G r�i1c! 'tv�'aNi'16t ' : i. ra 11 R6X 19276' ' ' ' J � O�u iKo� 1t'bOSt� , j• ••' prinRE'icld, Rv. Itc�liims � ,. , -.. �' :.... -�, ;._ . : ' ' : •, :, ..'.: -. . y.� r'R, i1a�;t the I3u7cau`af JLaAd'�rA R��,yrian ?vi�>7ifcai Ura st 21'1,755- '5733. - `: ' - • .. .•* - ' „' _' =�: Y- -. �- Plc�cc :,rks ►L' r t6le 10110;vi,3g sfateni 'rO ltl� �s i w6IU ycwr�lti `,laini "ii}I; • 1 1 1. l he toisl n[ ivatc icccivcd fQF :coniposiigg d'uritig tt J I . - .. �• ,. }: :tom � ••� �. - " is � _ l'h , fiil.�l ;yiltiit;e 4{ CU11I t • r n d ucOS] d11f1Ih i I�:' T ' 4. GUI71C.�91'd8 3. 'TJtc tml l Vodu �f ooriiu6st used during thetalcdd �:yr ii: ;•' - .-[..• . y . T. - PlcaSa cflntintie•op'rw ta'<.' '.311) RFti '• f •''' I . ., r. [i:: I �c�icck illo;�okl �inB +iti1 '... : ,' .• WN0111 YCW RIL L ill'bo�nly�i�lne+ rGllirk nil 1ho2 a ppl y) ... is 'fErg cold `• :.' •'.' i ng fiicjlilyls � r 17Y 111W ,D wgr arty oil Y1fI�c .ilrer GOin�iasliiig. . % "maiG up i is III i 1176d. Klyd thL% cor�tij 08 (i 11 fagitiiy. cailsiifaias no �:: •.P 'pcfiy'A tatryl;rc'r�� 4� c�o�e�t:lh�I tile Agcl�c}�titay rtl�arr }t� llcr ju ivid+ialsits ivllarc lil'C.011'lIG' tu' POT cUD[aBa far'' . P}t�igr 11na d�rrir�laslr;ltrxl tQ ihe'.�tganiVy tliaf CIIO - stic'ssail chaiacteillit�t ur C' l'h rol�e:ily:°�''�iicl� the ° c4ttii iati``' ? t Y �,._ ng �Itcilily is loc'�i #cd, �lld �11y 9 ssocfd4ed proncjly �►ii w[�i h the'e�IPOSI fs.used, is:jtirNl�f�,ilt,� rtliif.stfli�euil}+dCi�ofccl �o lrte pFradircii0 ' aiagriciil aril isi iv t aW IWdj )cascd4.otficrwiscconiroli d bya ny' or gaII eitl for g - 1i0 llH t6cu)[U i 1 coni R :... .. i past yr ca mA {erial>i, and 1 f1(' 4pt�rAtar of 1 11c �arrty�liug faciifly is rial RIS cmployc�; pXier �JaHi�I1o1c3er, oE' �in•aily tiwaycoiinictc� ft litro�k Sac sic hatileT'or gc _ I�� a>ty . li i�li nafat�r; - • All caam(cd by' piaiu •stin fActlii •' is ii g ratan ,] . Ilse t :'6 i11alch, f�rtitiz�cr oi:soil coi ' ' Y , 4 �... 1 i,ldiX4 0 11 I irSi aclt i'iinned b }r�1tic'ner�tn'o arflii�i lllo'i?�liitposhng fl�oiiitr; nt1 Iltic liltiJllC�k uoo,pa�i lS nUt �larrcl L {lie h• g Jforlieriatllolrgct fllari.f$,ni' t cltp��lt�sli °s? �]$�i }rlo� #n its �ppHcllolr A s' Irilikh,`fcrtt lir�c or �t3rl e91 iit20alCr; ti ; 4'. - 'A ll con1rl05t t1i `7S�ficr�tl ilaitid Il�or Y• '`' - Ll1AlI �� CCt frn111 Pola L llr,;lfC31 t& R& w MIlY- We.li;1�',�s �i�u�i� call dc tli I'baundar� vf.lftG i 0��c;'ir.iloodp�lnJn'a[ on �rC of 4• .. 11sc sire tlr�l'(s flundl }rvofc}d' u��s 01'cea 1 } l 10W. 1jq.lrillCiton the ocareat icsi�leiicc vlh er: tha li a res id cucc l�up�l '4n' Ih13 1iie irro�re rl`y na • tllc rnrij i( ,� r 1 lhcrc �. lunrc than 1Q c}ccupiecl n thin 1I2 iil;ie af'Ih ,, in r,C riif .ci oq tlic r3alc o( a�lnlicatia'I); a iid wa placci!`iliaic lilir� 5, fc i fll�ova Ilio wilier table, % r - - Y T rr. r�elty of I•aµ' V► l I b]�u nwa�lly iuwmiiiw� oud em f�milior !1 t0 1ha in(; n ' - doc�x,i�r}1s, slid lhst Lw9alai iiiy�ry�is�fu�a��rulii�rtials�irrtCi a . , !�Jq Iio : hatlt�ccl �n il�li n� iti�et.� ly'acWIR1INa for ottilml�ing 1110 inloipias{i•n, t rella�C Tat 1F� ruhiaittul Uiforn18ti0D is Idue �rLUi> [plpl,��, l alti u�,i� �h t lhcri'oi� fvmt :ntl'les Fug suhlblitJn� Gila`. Inhir— ll,�n r cna�M r ua!r+° Vic poli;itty Qlttnc .ardl� :i�rtiaa�ily�ei�r; :. . • •'f . 1 the }' vi�h�ii „:d {r„ei��irc � hisinfr � nir � lixt' vic�ei �. tiJ��u► d�. Iti rJrninlsteail :�e�oalc•B :�Ll,iU6 h • • ... .�: � - ` :, Infa�ruadonsrctvcMJ:. failtiSo> �y, �d;, i• ruarefitl��u��a"�= iiilpnodl�ninattoe¢'iirdSS � 0M 1ndfln sddl.lu111�1 civij' :' :`: O.`rxt Oct c xclr.. ci s' 10,( 1 rKjG •l,Gxrilll U'ringwillt'1111ji i�i�IYtl Dip Li dclrs .'Ind[lLhix7.G��ycl�ssnmutl ca .: rn ii�s ln . surtnn W ton liiLr�i ueUerL'',a I- As)rlrruratal lei. , This [din fIRSNer� aprro�rd l�yr.11ic l'o'rm3 b1003Sa�kllt ��xr... ` :, .• ` .. ':; L It.t I NUIS VIMC)1�MrNlA(i RU ' Yrc - rlc�ly AGr:�vc:��. cult rrPiru c C�si, P.i t, lim 1�) jrh, rk� ctauytt .:firi.t►,� ?•�•�t]G rI ', V. tir;ti�iN; dl►+tC'i(a 1EPA- d. Li�nrcfscup�•WAY to Gonlpost' } +•n_ cility 200(3:A�inttial Aa all 0�v nr op�talar of an C1n•1'arni •[aiicnpc Wtisle � facility You air reyuircci to submit to the Illinois Nlvin romcntnl Pruteclion A�crtey iut.tinnual.reponunder 35 1lliciois Adminisirallvc cot- 876,166(ii)(2) A''a W-f lmi l_andi6ape 1Yasle Coirillvg r Cl l* n facili ly tti;!t is, 0 by the farmer 6r I6 e0 _o }rt1CL 6n ivltieh the composting rrialcrial is c►s�J.;'!'1 :is nrinual ropott to ciut;Junupryi 2UUI nnil ii sttnll cpyti'tlte previous Culeniiai -yccrr (January l :tiirir i)cccitnbcr 31 Muses ibis forth ,•rcid r il" it _ _ Iti victg aJtlrc,ss: _ - , :. ..• Illinoia }�ttvirt� ttcit . - .. � ' .. ' . ai t;tl • l'ro�ectEot� Agency , . , Btircai.t of i.Aiid 024 tlttrl,'. r1R, Unit'! .. ' :: • tld:1,015502 t 1DZ ( North Grind Ati'etiud F;asl lilantutp+1 Ftinn� , h.a i�ox 1927G. ..627.5 Rio 71 '. Springflrld, IlliriUis 62794 Os�i'cbV; It, CCO543 if you Itias:: nny questions, Plci1Se contact the Dowitu of l_;tcici't �lrttiu�l Kc gift and tti4nnticst l)nit �,t 2.I ?l785.5T_�3:: . �l: PlcoSO ails %vcr ilid follo\vink Sttitetticnts a . ( ey*TC to ost On-fyrin facilit Y y• 1. •'I he tnl9l i olutnc rit fnnlcria r'ecei�ed for sotts�t,esling ciurin9 fire calendar'. :. ? Tfte fatal s'otumc of comrwst nroduectt, during the csl�ndn� y'cur. cuflic.} aids . :. The total volun3t+ of rf1hiliust iiseel d1.1 rirl .tlte Calm iur year: . .�_ cubic ynrds• Pltasc C . cintinuc on rcvcrsc, sidr. pf Corm: il. }J' .�3)'. . - , ... '. .t:iIORGE H. GOYER�OR •• - - .: - ,• . .- .. J. B. 'Please chci!k't}te following rcqulrrrticlits with wl { i tltai a } t ch'.yoet ire ftfctitnpliance (c k oll , PP Y ? • .r T he campostin racilit • � - ' 8 y ol>'c ra[ed:�,ythc,fataieroll propertyon which ih c" coittprtsting Ma led is :PI. acd,'and ttic composti�tg ftcility c9nstituics 3io more 2' O `of tite'�rriperty's total •acreage, except Choi the Agency may allow �a hi her r ' ,•.' •. , B P• rcentage for Individual sitds iv6ere the oivricr or operator >tag ' detrnns[rated to rile �'igcitcy that the sitc's'soil char e' . require u higher ile. f risttcs or crop needs 'i'hc'pr4perty nti whlclt the carnnosting fticili[y Is located, and aqy associated - Z2 props ty ort which the compost is usecli is principally ttttd diiigcntty dcvated to . thc'production bf agriculiural crops acid ii Rol u��ncd; )e,atsed'or othcnv }sc controlled by any- whsle hauler or - rioringricliiturhl cnirtpost'mittctials, and l ?tc operator of ine com p osting facili is not an,cm to ee, shaicholdcr, or in uny way conneC d with ar corttrollcd lay zriysucli 14' hauler or generator, ' - A. All rornQa'st gericrnit:d by the composting facility is iippliccl'at agronomi talcs ; and used us mulch Ccrtilircr or sail conditioner on ]arid actually fa persa rmed 6' y the' person . operating I}te conjpbsting facility; ii . the finished cnrripnst is not itorcd ; -. ;tt the cOrriN tk site for a period longer Than 18'ritonihs prior to its upplicalion f as mulch, fenili cr, ar soil conditioner.,., 't• All composting material was moTC than 2ll(} feel from the neairsi potahl�' �tiatcrsupply well, ►vas plat:ctl outside tha ba'tindary of.the'10 -ycu floudpfain of on a part of ril e stte.ITiaf is lloodproofed; ivas`pJuced +/� tiiilc from.the nestrr'st residence (other thana residence located on [he sam f e prep ;tY the racility) and th ere ax not rnorc than - jo ocetipied nonfarm residences �vithiri h mile of the bouritlarics or siic an the dltr of al1lyii Cat ion, and 5vri5 pieced more loan S feet above the water table. Comment 7' I Cettif f• `!" Q1n U th"t r . I S ag y 4 f a rho my in I tour personalty a -14ri 6d and itn - Mill: tilt la(sxsrsltlpq SL•br'siss„ j is this Laq alt 1pJ6 � on quiry Olh4ac i ;diridu2ts i�>M1Cite[y rrspnrisibk for cbuin:ng the infam,unn, I htticvt sF;t 15r t Ubn ltsht l M1ftx fn4icrr ii W" UTU'Jle and earnp trte. itci rJ:ae the' tiiLiUl of ri .ri u+5 aware that Arne orr signi5szrit yca�h:cs (sx i.+f �Jnine False in►n. , Hrissri! .Y 'isnpnioatrieat. - Phone 3 D: s' 7 - DnI� Tli s ; etpc j' 15 aulhorirctii Io �egn;rc �:ii ilrOfhl,�llQf Laster j,F•tl;inttis , idn)trisu�:iie f ntr " . icflXm,.]lloo is rNt :;red' Fsilwc todo iu rtuy'resrilt M a clril R3�•tl?GIhx2} fl;s ;lo•surc o[ this'' •.•�n1 S IO,Ob1(p, �;,.h ,{�Y J r ag •hich th, ielirian'acrunllty'Of 001 tO tsCCfd 530.ofXJ sr.J 7l �ddItIOW I citilt jKnl;lY hf tlC�t W ad :v Inc Vii I Act. Aids rum hi s bCCti a '' h ' po n d ,&' it la e clan A misslcnsana 4oiWrmlt frbs inlsa<rrs�ticn pytoti.nt !y rile Famu ilt7nigemeot Center. _ t: El. �tvcjl 4•, FNt�i 'iilaWIl..kC`.;,,�.;.:. its'4' .Y}itfS''IfS�( .i,11 11 l t i ` +• ��{1, \I I.�.` e a 1 >eii�i�il`I�c +l', :; <.'r.,•':t - :i` s "I kt,FIi9Zr.c -J �;,. ;rlltnr of �.:, =: �. Y . `.: - _ � nri ` U.: . F11fE1,}, L.711LI�C ��u�lc C ili • 1 � 1 -• ` u�iny1 hi Q c I I i " r: ] tr•v rc rL +,31 �� ,) lido l 4 E i 1 u 1 � 1 Il ill F - •� k lYiicc IS] 1 • , . 1, ti't4 iiC • uu al�n - - ' 6 �, rr y i - �. t h ._, 1. n b�stfri�'e 1 Ji (' ?� � �:: rlil (}tt fi(rl I�ai�;ls�' 1 i!,. t�ylri�la,•. - �n�klit } +`,Y i� rt:n�y. ltv t ' 1C `� 1iS�t CG l c1:P "Ibilif b'r futrer o�.iito�s fyti rliQT 411 1}4C�I�i1�i _ + r ' !ISrd , . ,'!' I l4Ca j 11 j : k . 1�` �i1 l �' , '.s�4 r1; I1,1A ie `::': Ssnlio> I flli f)i' ) 1>I�iit L)l t` l�}' 4' �, tho ; <<vMUg4uleljil:iF�+e�q:;:':' P lNl� f�rltl l'rillrn y (� IJI[11C OrLIA16AZZ ��FUII'C1,I¢Tl >� .� :t• -: '` . , r.• �] U'? ! �t~riil �1nInS3 Ai��niiL� n ,� Ii�1 � tF • �I i.� #_; -'�. . ; -t' '> A - ,'" • :,� F `,- ,E '161111, ?I ►11 .. ?5 - �. :' 5� , . .. , : �.. � ..:',' • ti�lnii�;f��il:'iffiliva3,f1? 7� 'i.g 37�o- .= ' - - .ci'S,,�c1!11, ll. � ii;. t i � - •�,. `.•'' ,:}:: • ... .'.1 w t .Ilk S OC3,tICllfti; �lll dl�,t' C�ti1:tC l' IlI is b L L of l • lJnil 4f'�! �n�.5.�73�1!• - • .'s. ` ♦ \•; •', ... � �, ,j?1 rt'nq�l {�I .N11T i��`i�rkg,ler if tc`'Fiallt►µ'iil�;•iut`�ti�Ns or Ilul Il is oii`° �•. 4: .: _ �ii✓lij'f�trilil} Tlic lail:rl %iiiulri4 uf ;trial�riil tcc�r�rlcd �ur.fio�lnoxt n ,'li - The l:j�' S'l}klJ h Deist li r _ Q� 1Qi�llCSf� r��lrlrl� IhC CO. lf,St':lfi 3, ilietdi:i . i, : RicFfti�4? - 4 , I� n' it•.af rl�ir�ntr c'iut>� �yie culi'i�{ ''•: _ i$`rfi i tl V Uvcrsi Adc`c1P futni; IL i •Lj1',�`'`! �[� > .•�(,'' '��,..'�',i�� +'i�I�r. i'ir'� ? \t1i,:�C��;fr:�l1!lr,:'. .i .i; •'�• ,'S _ , n I. �y -. ` :.'lam : . - • J `. : .. `� - � � .. • fit, • ." ' ' ... i " •1 ' `' "'•,- �, � •' :: . :�.: �p%east c64c. I lke A I1-n ul :re.�lti�i�me�ls +tifiij , iQ[r Ma rrc iii`.tt MpjiA6ce (�ht:ck ;al 7. :i:. I. The coi�pcisi jii� °' tucilit}', i� 0¢Icd b }' P14C' furiirer,ori pr+ope�yyn•hiili der c� ilip4sltrig lit arks is u:wRli a,':�nd e fx ky nvitmre - .. . ,. - ' . r;lia��2�i►' the "' .. • RroY!~.I�Y t► talal,a rlc�g�, cxccp4.tli �'ttea'J e� toy d CM! 1 • . .. , {., �' 1� 1?ercvri4a�i fOr intliiyidttulk sStrY,y�l �rF: tie Qwng1r 9r iipiIalor �kripoc+stwicd tq Agclicy tFro j'.IC stte's sail cliiar�r`l�r iki iir'�nij) - .'* rds -'.- ."vErc rt iiiglicr`rwi6' • • ;f - OW pl;►r1Y un.vhkh t}e� oQrnlilislinA fdcilily ib I alcd; An any:u5soci <1Sc�i; '" jiQOperl .an %v ibh'Ihe c M VpQ' i is u" }uincina14 grid dilj enl J } J��iolCd 1t► :' 'the pmrldiiii5 i Di agizcuituml .ctoE and is tint Q n;? rl: Icaacrl cw otheiii I so " - ., ` 'conlrollcd by rni l, n'avicr'or' riculttirnl o materi0 S 1 ' a dad the op ralor br ft'- pot. mill$, fact ritir I I; not a t rt t riip oycc; imniler; . si�;lr�chd!der, �� i ait'+� yvay cdnlie,tod t+rilii'6 cori'fru�ll d liy any n['h wp5fc' lti►plet �r....r or vencriadr, -3 _ ' 3r ; A� colnliosli gc�cr ec�.by�llrc cairpdSRing facially is Applicd :ll - agrwomir • ram .arid u�icl ds rriiilcli rcrtilizer,or i biJ cotlitliliartar ail Ih d 1clil�i�ly; fa`I� w by 1ite' r: +cirl u�iui H�lu it tea'i a�it`iiiti�lil;riiklj I p; qi� H it t ilia! ii�l cy�t�l�►,oi i� ;iui'Sii;i til`'E::: . - ui like coiinp.os 4414 Ol;c r�i; ii I>erioa kwor ilia +i l ilicliil i pri or Io 115 appiic:,1icui" . .';j. uS uiaac fenillier; soil'eiiEa�af...,.•;: • ,.;... _ 4- ' 4..." AH'comvestir>g ntdicriali,wits`placed -111lii 2w (Cal f ntrt Ilie ,�ri�tei fiii;plyr�gc�R.l,,wa5 �IaCed uts i�i�le tfi�is'l�cititndary.of tltie'lo j�c3F 41 F1 or r.;J - - , • '.:, � _ - ''on apart ref �h� slic !fiat Is k';�s ��c�cl.ai Irtisi i�i'•Iniltj rl�c +rittE�c�. " -,' � _ kkwui resti,kn r, Wh6r'fttl S rtypt�enve �Uc5tc on 11 1e 5 11nj�o pl'OpCIt) 'm tha':_ - 'lily and Ilrcnc`arc.rki (:: I ro chori:l a &cvpiad , rm r Cry iI h3 r W :. 'aasiClhte In+�ni !$�5 i�f.ti a ate {m-t6c&lt'( 51r1 iris pIlk r.tS•nicr�a ` ' `•.�tiaq 5. foeE •3bo•vG lh's: w$�� !•able. " : �= "' -\.•._ < . • -{ ; . ' - _: .- c r Illl , } .: I�r r� r : • _ ` r, •f. ,` __ - .F'} S+rr�.� —„ .•S f -7 . ` •., .,. .'+ - •.} : - • '`• •,'�� ' .'. .',� • ',, ' Y !Dery l In r:I.Lw ttr;LlFr. i I agsep'jn�l�ri711iir`Iar�ilhNt rCirR� yrhrel Adc � li� [?� .. f Mr•'�'�.) rt* .+ I !pa tre+d ►ti � aa� :ihdd C:.. . �lorurocnLk grid �iut bstiiit,p in ri111T0�10 �lr�it:6rik Ih7ini�ol�} 6uc ob�lairr� Ihv judantwEgn, l: btl.l+' that p�oaorrdin(ulaolimii ii, . r + ro ,y IF lrrd �, to Iim� elMl�+Gear�si . anl Pir7a14e {FiSabirppi7 :i•+lka .; . t�rL.. Iw�olh, rP• Yi7�lp710rI�i�771` :. (P.[� .1 s�tti3lufc _- �5dei� :Gate =t�: _ ' 7 AelZ} IS( riLM741oIM14rc+} rkVr(? r* r�PQ�oder�ak} �S. I�rrwdJSililrle�e1i 70.�08d�tM?�.it�lr.saaror�� — ,' InSnirrpUin iy��'vrd Frilurefl► 3asriKal/Feitltl9iq�ll penal'of0.4 6 N; ee Vk 0,O 0 PL auUiMr lei *ilpea�iy,}N er'e�d p!io prQ rrudjj uri►IF�.b: GN+igbUwnitiarp IntddiNua: iS0 (viiA rrifdcnwnl.6irybieil lalartr► Vnrrr tile. S, otiirrs® IAA[ .: r5ca r�rhh�+�? th 1{tlu�gS 1p} OF r�r•� lµriw�ttrw+{1C�gllr Al E? XEM fYT DOCUMEN b ff�� ';;111I AS. ��11 !� `S kit El ;. •, } L. :- �, : "'. .f.S ,J• •'�:�. �I�HIJ, L�1� %I'iJ 7 ,f[ i1 1V',�r iL \ e- "� V ��' e al •_ R 1 � .. i I T I l " P U B L IC -' , M D , � ISC _ �)r�lf��j �'� 1 '•� L�. .. ' • mil• t •iiuvi ' � . __ r < - ?�' ':: i ` a � ' >'.•; mac:. '' •)� , . .r • - y? i�e1� ' ,l.�• , r fir: _. APHIG DUGGAN LAW 0 � _L6 Attorneys at Law John P. Duggan 181 S. Lincolnway Direct Line: (630) 264 -7893 North Aurora, IL 60542 Cell: (630) 222 -2223 Fax: (630) 264 -1310 E -mail: dugganjpd®aol.com Computer Fax: (877) 300 -7451 June 25, 2007 Mr. Paul Anderson Kendall County Clerk 1 I 1 Fox Street Yorkville, IL 60560 In Re the Matter of Fox Moraine LLC Siting Application Dear Mr. Anderson: I have represented Don and Carol Hamman in a series of transactions with Waste Management of Illinois (hereinafter WMI) concerning property, some of which is the subject of the Fox Moraine Landfill Application. I have been asked by Charles Murphy to submit for the record my recollection of a meeting in May, 2006 among Don Hamman, Charles Murphy and me with Al Bilthouse and Dennis Wilt of Waste Management of Illinois, Inc. at which WMI asked Mr. Hamman to reinstate their 1996 joint venture with the Hammans on the Fox Moraine Property in connection with statements in the record by Dennis Wilt indicating that Waste Management elected not to go forward with the 1996 joint venture with Don Hamman on that Fox Moraine property because Waste Management had determined that the site did not meet the criteria that relates to its suitability as a solid waste facility. BACKGROUND On February 26, 1996, Don and Carol Hamman entered a "Real Estate Sale and �., Exchange Agreement and Project Development Agreement" for property that included the Fox Moraine landfill site. Under the terms of that Agreement, Waste Management acquired an undivided one -half interest with the Hammans in 1,768.4794 acres in Fox Township, WMI agreed to purchase the balance of the property upon operating approval, and WMI undertook to apply for and pursue all required operating approvals to develop and operate a sanitary landfill on the property. The 1996 Hamman -WMI agreement provided that upon issuance of all zoning, siting, operating approvals, WMI would acquire the balance of the property and would pay to the Hammans a supplemental purchase price based on a percentage of gross revenues received from operation of the solid waste facility at the site. This transaction, which was negotiated primarily between Don Hamman and James Berry, the then president of Waste Management of Illinois, Inc., created a fiduciary obligation on behalf of Waste Management to utilize good faith and honesty in its dealings with Don and Carol Hamman. Waste Management advised Don Hamman, in my presence on many occasions, through statements by by WMI officers including Jim Berry, Bruce Malec, A] Bilthouse and Lee Adelman, that its i t'}a. �,'tt• ( "Lit f'.11llGlJUlI, !\G11UA11 I.U In Re the Matter of Fox Moraine LLC Siting Application Page 2 of 2 June 25, 2007 interest in developing the joint venture with the Hammans that the property had the ideal geology, location, a transportation access for siting a landfill. g y The representative of Waste Management primarily responsible for securing regulatory approvals for the siting was Lee Adelman. Mr. Adelman ultimately advised us that in WMI's opinion, no solid waste ordinance would be adopted by Kendall County, and WMI and Don Harriman agreed in September, 2003 that Don and Carol Harriman would repurchase Waste Management's one -half interest in the Fox Townshi Management ever state to me or to my knowledge to Don p Haman that m the Fox Moraine site was unsuitable for a landfill, but merely that it concluded that Kendall County would not adopt a solid waste ordinance. WMI 2006 REOUEST TO REINSTATE THE DEVELOPMENT AGREEMENT When Kendall County subsequently did adopt a solid waste ordinance several years later and it became known that Don Harriman intended to apply for a permit on the Fox Moraine site, I received several telephone calls from Al Bilthouse inquiring about the Possibility of Waste Management participating with Don Harriman in the Fox Moraine Landfill .Application and reformulating a joint venture along the lines 1 996. that the parties had completed in Finally, in May 2006, Don Harriman, Charles Murphy and I were invited to meet with Al Bilthouse and Dennis Wilt of Waste Management at the Colonial Restaurant in Aurora, lllinois. At that meeting, AI Bilthouse indicated that Waste Management wished to become involved with the Hamman's application and to reformulate the joint venture for the Fox Moraine property. At no time from 1996 to 2003 when the Hammans had a development agreement with Waste Management for the property and until the meeting in May, 2006 at which Waste Management proposed reinstating the Development Agreement with the Hammans for Harriman Don the Fox Moraine property, did any representative of Waste Management ever advise me or advise Han man in my presence that it felt the Haman site was not suitable in any way for a solid waste landfill, except the statement by Waste Management in 2003 through Lee Adelman that they felt it was unlikely that Kendall County would adopt a solid waste ordinance. Numerous Waste Management officer commented to me or in my presence that the Harriman Fox Moraine site was ideal for a landfill during that period. Please advise if any additional information or documentation about this matter might be helpful to the consideration of the record in connection with this matter. Very J N P. DUGGAN I STATE OF ILLINOIS BEFORE THE KENDALL COUNTY BOARD In RE: ) THE APPLICATION OF WASTE MANAGEMENT OF ) ILLINOIS and KENDALL LAND AND CATTLE, LLC ) FOR SITE LOCATION APPROVAL FOR A ) NEW POLLUTION CONTROL FACILITY ) NOTICE OF FILING TO: All Parties of Record (See attached Service List) PLEASE TAKE NOTICE that on the 28 day of June, 2007, 1 filed with the County Clerk of Kendall County, Illinois, via electronic filing, Letter from John P. Duggan true and correct copies of which are attached hereto and herewith served upon you via electronic filing and /or United State Postal Service, by depositing same in a mailbox in Ottawa, Illinois, before 5:00 p.m., addressed as follows and with proper first - class postage affixed thereon. Respectfully submitted, Fox Moraine, LLC BY: /s /George Mueller George Mueller, Its Attorney CERTIFICATE OF SERVICE This is to certify that a copy of the foregoing documents were forwarded this 28 day of June, 2007, to the following person(s) on the attached service list by sending via electronic mail and /or United State Postal Service, addressed as follows and with proper first-class ''postage affixed thereon by deposing same in a mailbox in Ottawa, Illinois, before 5:00 p.m., addressed as follows: /s /Sharon Twardowski Legal Assistant