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.
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