Vandalia, IL-(Vandalia Radio)- After an additional four hours of testimony and public comment, the public hearing on a siting application for a proposed waste transfer station in the county wrapped up early Wednesday afternoon. The hearing picked up its second day with witnesses for the opposition of the siting application and transfer station. After a prepared statement was read by Lynn Sefton, counsel for the opposition turned to Devin Moose, National Director of Solid Waste Consulting for Aptim Environmental and Infrastructure, LLC. Moose’s testimony walked through each of the nine criteria set forth in Illinois state statute that a site must meet for approval. Moose testified that the needs analysis from the applicant for the waste transfer station site, Chris Sutter, is “flawed” or not there. Moose, by way of PowerPoint presentation, showed a graphic depicting four current operating facilities within the propose service area from Sutter. Moose also discusses traffic issues saying that the proposed site is too small for what they want to do and described issues with trucks not having enough room to make the needed maneuvers on the lot. Other issues touched on by Moose included the management of stormwater only being vaguely addressed in the application and what he says will be the inability to load out waste at the rate projected by Sutter. Moose concluded his presentation by stating that the burden of proof is on Sutter and his counsel to show that the criteria has been met and says the application does not show criteria 1, 2, 3, 5, 6, 7,8 and what he calls an unofficial 10th criteria being met. Moose says they have to meet all criteria, not just some and that the proposed facility does not even meet the county’s own plan for public safety.
Following Moose’s testimony and presentation and the subsequent cross-examination by Sutter’s attorney Patrick Shaw, re-direct and a couple questions from the county board, the next witness called was Brian Hayes. Hayes is the owner of Sanitation Services, Inc., Landfill 33 in Effingham, the Effingham County Transfer Station and the Effingham Crossroads Landfill. Attorney Porter questioned Hayes as to his purchase of Sutter’s family business, the end of Sutter’s employment for Hayes and how and how he was made aware of materials that Sutter was passing out for a new business he was starting. Hayes also testified about and introduced pictures of a recent visit he made to the proposed site for the transfer station and concerns that he had after that visit.
After Hayes’s testimony and questioning, prepared statements and thoughts were read and given from Kirk Doehring, Richard Perry, Rose Hoover, Leah Washburn and recalled witness Susan Tackett who are all in opposition of the proposed transfer station. After a brief break in the hearing, public comment was the heard from Damon Simmons, owner of DBS Disposal, and Paul Slifer in support of Sutter and the transfer station. With the hearing moving to the closing comments for each side, Sutter’s attorney Patrick Shaw relayed that he would be submitting his closing comments in written form to the county clerk. For his closing comments, Porter asked the county board members to again review Sutter’s application and reminded them that they must look at the evidence just heard in this public hearing and not the previous hearing last fall. Porter stated that evidence presented in the current hearing did not come close to showing that all the criteria has been met. Porter also expressed concern with bias from county board members and connections they may have to Sutter. With only 15 minutes allowed for closing comments for each attorney per the hearing rules, Porter would run out of his allotted time and the board would adjourn the hearing.
All written comments from the public on the matter as well as all exhibits and written comments from counsel for both sides will have to be submitted to the Fayette County Clerk by 4pm on September 2 after which the county board will make the decision to either approve or dismiss Sutter’s siting application.
All this comes after the cross examinations that dominated the first day of the hearing.
Chris Sutter, owner of Sutter Disposal and Countryside Disposal who submitted the site application for the proposed transfer facility was called as the first witness by his attorney Patrick Shaw to be briefly questioned about his background, the process of trash collection and about the nine criteria listed by the Illinois Environmental Protection Act to be met as part of a siting review. Following the brief direct examination, counsel for the opposition, Rick Porter, was the given the chance to cross examine Sutter. Porter began his line of questioning about the dates and process of Sutter submitting and withdrawals of previous site applications as well as any possible communication with Fayette County Board members before the dismissal of his site application in December. Porter then moved his line of questioning to the possible tonnage Sutter expected to move through the proposed facility, how he came upon finding the site. Porter then inquired as to when Sutter hired an engineer and whether an engineer had certified the language of the site application before focusing a needs analysis. Porter briefly moved away from the topic of a needs analysis to grill Sutter on the end of his employment at Sutter Sanitation Service after it was sold and when Sutter began passing out materials about his business he was starting. Porter then moved back to discussing the needs analysis and showed maps with the mileage from different communities within the service area proposed by Sutter to his proposed transfer station and current landfill sites in Effingham and Envotech Landfill in Litchfield. After Sutter was then questioned concerning segregated materials or items that cannot go to a landfill and whether or not a plan for itemizing those materials are in the site application, which Porter says is not there and Sutter says is in the operations plan, questions centered on traffic and the county’s Solid Waste plan. Porter then wrapped up his line of questioning following a brief break. Attorney Shaw then called his second witness, Adam Bohnoff, a civil engineer and project manager for CEI who worked with Sutter on the application. Shaw asked Bohnoff about the criteria and the design aspects for the proposed transfer station that address things such as fire and if the designs protect public health, safety and welfare. Attorney Porter was then given his time to cross examine Bohnoff and began his line of questioning with asking about Bohnoff’s experience with designing facilities like the one proposed by Sutter. Porter then inquired as to whether Bohnoff had done a geohydrology study, whether a Stormwater Pollution Protection Plan was done as a part of the site application and the design setback that shows the facility being 72 feet from the center of Route 185 which Porter stated should be 90 feet. After Porter wrapped up his line if questioning, Shaw stated he had no more witnesses.
The hearing then turned to Porter beginning to call witnesses for the opposition. Porter’s first witness was Kassie Washburn who read a prepared statement asking 12 questions of board members with respect to the site application. After no cross examination by attorney Shaw, Porter called on witness Susan Tackett who also read a prepared statement and who was also not cross examined by attorney Shaw. Following Tackett, hearing moderator Scott Kains noted that the time was nearing 6:00pm which was the set time limit for the first day of the hearing and put the hearing into recess until 9am on Wednesday at Vandalia Moose Lodge.
Story courtesy of Todd Stapleton of Vandalia Radio
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