As promised the transcripts to the public hearing on the Waste Management siting application to expand the DeKalb County Landfill is now online. The electronic version used to create PDF’s from each day of the public hearing was made available by Mary Supple, DeKalb County government, after a FOIA request was submitted.
Monday Opening Arguments, Motions to dismiss, 1st Witness: 03-01-2010
Tuesday testimony 03-02-2010 and Public Comment (Tuesday night)
Wednesday testimony 03-03-2010
Thursday testimony 03-04-2010
Friday testimony 03-05-2010
Thursday testimony 3-11-2010
The Illinois Environmental Protection Act provides that no permit for the development or construction of a new pollution control facility may be granted by the Environmental Protection Agency unless the applicant submits proof to the agency that the location of the facility has been approved by the county board of the county in which the facility is to be located in accordance with Section 39.2 of the Act. Section 39.2 of the Act provides that the county board is to approve or disapprove the request for local siting approval. This section also provides that an applicant for local siting approval shall submit sufficient details describing the proposed facility to demonstrate compliance. And local siting approval is to be granted only if the proposed facility meets the nine criteria set forth in the statute. So the burden of proof is on the Applicant in this matter. The Applicant must demonstrate compliance with the nine criteria set forth in the statute. And local siting approval is to be granted only if the proposed facility meets the nine criteria.
The nine criteria are as follows:
1)The facility is necessary to accommodate the waste needs of the area it is intended to serve.
2)The facility is so designed, located and proposed to be operated that the public health, safety and welfare will be protected.
3)The facility is located so as to minimize incompatibility with the character of the surrounding area and to minimize the effect on the value of the surrounding properties.
4)The facility is located outside the boundary of the 100-year floodplain or the site is flood-proofed.
5)The plan of operations for the facility is designed to minimize the danger to the surrounding area from fire, spills or other operational accidents.
6)The traffic patterns to or from the facility are so designed as to minimize the impact on existing traffic flows.
7)If the facility will be treating, storing or disposing of hazardous waste an emergency response plan exists for the facility which includes notification, containment and evacuation procedures to be used in the case of an accidental release.
8)If the facility is to be located in a county where the county board has adopted a solid waste management plan consistent with the planning requirements of the local Solid Waste Disposal Act or the Solid Waste Planning and Recycling Act, the facility is consistent with that plan.
9)If the facility will be located within a regulated recharge area, any applicable requirements specified by the Illinois Pollution Control Board for such areas have been met.
The County Board may also consider as evidence the previous operating experience and past record of convictions or admissions of violations of the applicant in the field of solid waste management when considering Criteria 2 and 5.
The Act also provides that any person may file written comment with the County Board concerning the appropriateness of the proposed site for its intended purpose. The County Board shall consider any comment received or postmarked not later than 30 days after the date of the last public hearing. Written comments submitted to the DeKalb County Board within 30 days of the final public hearing shall be made a part of the record of proceedings in this matter and will be considered by the County Board in making its decision.
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INDEX
Witness: ANDY NICKODEM
Attorney Moran (Direct). 98
Mr. Kenney (Cross)…189
Mr. McIntyre (Cross) 228
Mr. Kenney (Continued Cross) 230
Mr. McIntyre (Continued Cross) 236
Attorney Campbell (Cross). 237
Dan Steimel (Cross). 254
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03-02-2010
INDEX
Witness: ANDY NICKODEM
Examination Page
Attorney Cipriano (Cross). 6
Mr. Haines (Cross)… 45
Mr. Andersen (Cross) 53
Mr. Oncken (Cross)… 55
Mr. Stoddard (Cross) 63
Attorney Moran (Redirect). 124
Mr. McIntyre (Recross) 129
Mr. R. Steimel (Recross) 134
Witness: TOM PRICE
Attorney Moran (Direct). 139
Mr. McIntyre (Cross) 166
Mr. R. Steimel (Cross) 170
Attorney Cambell (Cross) 171
Mr. D. Steimel (Cross) 183
Mr. R. Steimel (Continued Cross) 186
Mr. Oncken (Cross)…188
Mr. Stoddard (Cross) 190
Mr. Andersen (Cross) 193
Witness: TOM PRICE
Mr. McIntyre (Continued Cross) 196
Mr. R. Steimel (Continued Cross) 197
Witness: SHERYL SMITH
Attorney Moran (Direct). 201
Mr. McIntyre (Cross) 217
Mr. Campbell (Cross) 222
Mr. Kenney (Cross)…241
Mr. D. Steimel (Cross) 242
Mr. Kenney (Cross)…252
Ms. Cipriano (Cross) 255
Mr. Haines (Cross)…256
Mr. Oncken (Cross)…258
Mr. Stoddard (Cross) 262
Attorney Moran (Redirect). 281
Mr. McIntyre (Recross) 282
Mr. Kenney (Recross) 285
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03-03-2010
INDEX
Witness: PETER J. POLETTI
Examination Page
Attorney Moran (Direct). 5
Mr. McIntyre (Cross) 25
Mr. R. Steimel (Cross) 27
Ms. Cipriano (Cross) 33
Ms. Tobias (Cross)… 41
Mr. Haines (Cross)… 42
Mr. Andersen (Cross) 43
Mr. Oncken (Cross)… 45
Mr. Stoddard (Cross) 48
Mr. Andersen (Further Cross) 57
Mr. Moran (Redirect) 61
Mr. McIntyre (Recross) 63
Mr. Oncken (Recross) 72
Mr. Haines (Recross) 72
Witness: DALE HOEKSTRA
Attorney Moran (Direct). 75
Mr. McIntyre (Cross) 119
Mr. R. Steimel (Cross) 143
Witness: DALE HOEKSTRA
Examination Page
Mr. D. Steimel (Cross) 164
Ms. Cipriano (Cross) 194
Ms. Tobias (Cross)…213
Mr. Haines (Cross)…218
Mr. Andersen (Cross) 225
Mr. Oncken (Cross)…228
Mr. Stoddard (Cross) 237
Mr. Andersen (Continued Cross) 258
Mr. Campbell (Cross) 280
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03-04-2010
INDEX
Witness: DALE HOEKSTRA
Examination Page
Attorney Moran (Redirect). 5
Mr. McIntyre (Recross) 6
Mr. Campbell (Recross) 10
Mr. McIntyre (Further Recross) 31
Mr. Campbell (Further Recross) 31
Witness: JOAN UNDERWOOD
Attorney Moran (Direct). 33
Mr. McIntyre (Cross) 84
Mr. Campbell (Cross) 104
Mr. Haines (Cross)…142
Mr. R. Steimel (Cross) 142
Mr. D. Steimel (Cross) 151
Ms. Cipriano (Cross) 158
Ms. Tobias (Cross)…171
Mr. Andersen (Cross) 171
Mr. Stoddard (Cross) 173
Mr. Andersen (Continued Cross) 193
Witness: DAVID MILLER
Examination Page
Attorney Moran (Direct). 254
Mr. McIntyre (Cross) 286
Mr. Campbell (Cross) 296
Mr. R. Steimel (Cross) 303
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03-05-2010
INDEX
Witness: DAVE MILLER
Examination Page
Mr. D. Steimel (Cross). 35
Attorney Cipriano (Cross) 70
Mr. Haines (Cross). 74
Mr. Andersen (Cross). 78
Mr. Stoddard (Cross). 81
Mr. Andersen (Continued Cross). 105
Mr. Campbell (Continued Cross). 170
Witness: DAVID YOCCA
Attorney Moran (Direct) 185
Mr. McIntyre (Cross). 225
Mr. D. Steimel (Cross). 230
Attorney Cipriano (Cross) 239
Mr. Andersen (Cross). 250
Mr. Stoddard (Cross). 255
Witness: AUBREY SEREWICZ
Mr. Campbell (Direct) 293
Mr. Stoddard (Cross). 344
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3-11-2010
INDEX
Witness: AUBREY SEREWICZ
Attorney Moran (Cross). 7
Mr. Campbell (Redirect) 17
Mr. McIntyre (Redirect) 33
Mr. Kenney (Redirect) 34
Attorney Cipriano (Cross) 37
Mr. Haines (Cross). 39
Ms. Vary (Cross)…. 44
Ms. Tobias (Cross). 45
Ms. Vary (Continued Cross). 47
Mr. Andersen (Cross). 50
Mr. Stoddard (Cross). 53
Attorney Moran (Recross). 66
Mr. Kenney (Redirect) 68
Ms. Vary (Continued Cross). 74
Rosemarie Slaven (Sworn Witness). 79
Closing Arguments
Citizen… Page
Paul Borek…. 9
Josh Boies…. 15
Rosemary Slavenas. 15 51
Mel Hass….. 25
Clay Campbell…. 30
Mark Charvat….. 40 64
Danica Lovings….43
Eileen Dubin….. 49
Chris Hunter….. 52
Greg Gentilcore…63
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3 Comments


Landfill transcripts compared to Medical health bill
not 2711 pages but I STILL GOT A HEADACHE reading.
UR DEVOTION TO LISTENING AND PARTICIPATING FOR
50 hours plus at the least another 50 hours research
is amazing.
HOPEFULLY UR (PRO- BONO) AGAIN & AGAIN TIME
IS APPRECIATED
I KEEP WONDERING WHY U ARE NOT
AN CITY ALDERMAN OR MEMBER OF THE COUNTY BOARD
BUT I UNDERSTAND THAT U DO MORE GOOD
FOR THE PEOPLE OUTSIDE THE POLITICAL ARENA.
IT'S A SHAME THAT U LOSE OUT ON THE SALARY &MEDICAL
BENEFITS.
I WILL TAKE THE LIBERTY TO THANK U
ON BEHALF OF THE POPULACE OF THE CITY OF DEKALB AND THE REMAINDER OF THE COUNTY OF DEKALB.

Sal… Thanks. I've been noticing that more and more people, one by one, are asking questions and checking answers. Starting to see those of the next generation come forward. That's all good but it's nice when those I admire and respect recognize my intention and effort.
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Mac-Thanks for getting these transcripts posted. I read through some of them today and will continue with the intent to make additional comment to the county board during the thirty day period.
Also, thanks for being there and standing up for the citizens of DeKalb county. You, Dan, Clay, the Steimels…did a great job of questioning and refuting Waste Management's "experts".
Also, I publicly here thank God for Dr. Aubrey Serewicz' unselfish testimony and education on issues related to the landfill. Not only was his expertise essential to the cause, but for me as a life-long learner, it was a joy to sit and hear this master teacher.