0198-001

0

~OS

ILLINOIS

POLLUTION CONTROL BOARD

C

CITY

OF KANKAKEE,

)

PCB 03-1 25

Petitioner,

)

PCB 03-133

PCB

03-1 34

v.

)

PCB 03-1 35

)

(consolidated)

COUNTY OF KANKAKEE, COUNTY

)

(Pollution Control

Facility Siting Appeals)

BOARD

OF

KANKAKEE, and WASTE

)

MANAGEMENT OF ILLINOIS,

INC.

)

Respondents.

)

NOTICE

OF

FILING

To:

(See attached Service List.)

PLEASE TAKE NOTICE that on this 30th day ofApril 2003, the following County’s

Motion to Quash Notice to Produce Ester Fox

was filed with the Illinois Pollution Control

Board, attached and herewith served upon you.

COUNTY OF KANKAKEE

and

COUNTY BOARD OF

KANKAKEE

By:

/~i.

/L0~

(

EIi~beth

S.

Har\.ç/e~i

çj

\One of Its Attorneys

Elizabeth S. Harvey

SWANSON, MARTIN & BELL

One IBM Plaza, Suite 2900

330 North Wabash Avenue

Chicago,

Illinois

60611

Telephone: (312) 321-9100

Firm 1.0.

No. 29558

---

CERTIFICATE OF SERVICE

I, the undersigned non-attorney, state that

I served

a copy of the described document in the

above-captioned

matter via

messenger to

the

hearing

officer

and

via

facsimile/U.S.

Mail

to

all

persons listed

on the service

list on April 30,

2003.

t~ta

~2J~I1ette M.

Podlin

xl

Under penalties

as provided

by law

pursuant to 735 ILCS 5/1-109,

I certify

that the statements set forth

herein

are true

and correct.

---

SERVICE LIST

KANKAKEE

COUNTY/WMII LANDFILL SITING

Bradley P. Halloran

Hearing Officer

lI~inoisPollution Control Board

100 West Randolph Street

Suite

11-500

Chicago,

IL 60601

Charles

F.

Helsten

Richard Porter

Hinshaw &

Culbertson

100 Park Avenue

P.O. Box 1389

Rockford,

IL 61105

Kenneth A. Leshen

One Dearborn

Square

Suite 550

Kankakee,

IL 60901

Donald Moran

Pedersen & Houpt

161

North

Clark Street

Suite 3100

Chicago,

IL 60601-3242

George Mueller

George Mueller,

P.C.

501

State Street

Ottawa, IL 61350

L. Patrick Power

956 North

Fifth Avenue

Kankakee,

IL 60901

Jennifer

J. Sackett Pohlenz

Querry & Harrow, Ltd.

175 West Jackson Boulevard

Suite

1600

Chicago,

IL 60604

Keith

Runyon

165 Plum Creek Drive

Bourbonnais, IL 60914

Kenneth A. Bleyer

Attorney at Law

923 West Gordon Terrace, #3

Chicago,

IL 60613-2013

Leland

Milk

6903 5. Route 45-52

Chebanse,

IL 60922-5153

Patricia

O’Dell

1242 Arrowhead Drive

Bourbonnais, IL 60914

---

O1~8-001

ILLINOIS POLLUTION CONTROL BOARD

CITY OF KANKAKEE,

)

)

PCB

03-1 25

Petitioner,

)

PCB 03-1 33

PCB

03-1 34

v.

)

PCB

03-1 35

)

(consolidated)

COUNTY OF

KANKAKEE, COUNTY

)

(Pollution

Control Facility Siting Appeals)

BOARD OF

KANKAKEE, and WASTE

)

MANAGEMENT OF

ILLINOIS, INC.

)

)

Respondents.

)

MOTION

TO QUASH NOTICE

TO

PRODUCE

ESTER FOX

Respondent

COUNTY

BOARD

OF

KANKAKEE

(“County”),

by

its

attorneys

Hirishaw & Culbertson

and Swanson,

Martin

& Bell, hereby move the

hearing

officer to

quash the notice to produce Ester Fox at the

Board hearing

in this matter.

1.

On April

29,

2003,

Mr.

Karlock’s

attorney faxed

a

“notice

to

produce at time of

hearing”

to

the

County’s

attorneys.

That

notice

requested

that

the

County

produce

Ester

Fox,

among

other persons,

at

the

Board

hearing

in

this

matter.

(See Exhibit A.)

2.

The

Board

hearing

begins

on

Monday,

May

5,

2003,

and

is

scheduled

to

continue (if needed) through

Friday,

May 9, 2003.

3.

Ms.

Fox, who is

the

Chief

Deputy

Clerk of Kankakee County,

cannot

attend

the

hearing

next week.

She

will

be out of state

on

a

long-planned trip

from

May 2,

2003 through May 10,

2003.

(See Exhibit

B.)

4.

Neither Mr. Karlock nor any other petitioner had

previously given

notice that they

would seek to call

Ms. Fox at hearing, nor did any petitioner seek to depose Ms.

Fox.

It is

unfair and

unreasonable for

petitioners to

attempt to interfere with

Ms.

Fox’s

long-planned

trip,

less

than

three

days

before

Ms.

Fox

leaves,

and

less

---

than

a week before hearing.

Petitioners

have

sat

on their hands

regarding

Ms.

Fox’s testimony in this

matter.

5.

Additionally,

the

County

believes

that

Mr.

Karlock’s

attorney

seeks to

examine

Ms.

Fox on

his visit to the

Clerk’s Office to

review the

siting

application

prior to

hearing.

Ms.

Fox remembers

very

little of that visit,

and

has

set forth

all

of

her

recollections

on the matter

in the

attached affidavit.

Thus,

petitioners will suffer

no prejudice by Ms. Fox’s

unavailability.

WHEREFORE,

the

County

moves

that

the

hearing

officer

quash

the

notice

to

produce,

as

to

Ms.

Fox,

and

for

such

other

relief

as

the

hearing

officer

deems

appropriate.

Respectfully submitted,

COUNTYOF

KANKAKEE

and

COUNTYBOARD OF

KANKAKEE

By:_____________

ne of Its Attorneys

Charles F. Helsten

Elizabeth S.

Harvey

Richard Porter

Swanson, Martin & Bell

Hinshaw& Culbertson

One IBM Plaza, Suite 2900

100 Park Avenue

330 North Wabash Avenue

P.O. Box 1389

Chicago, IL 60611

Rockford, IL 61105-1389

312/321-9100

815/490-4900

2

---

BEFORE THE

ILLINOIS

POLLUTION CONTROL BOARD

CITY OF KANKAKEE,

)

Petitioner,

)

vs.

)

PCB 03-125

COUNTY

OF

KANKAKEE,

)

(Third-Party Pollution

Control

Facility

COUNTY BOARD OF

KANKAKEE,

)

andWASTE MANAGEMENT OF

)

ILLINOIS, INC.

Respondents.

)

)

MERLIN KARLOCK,

Petitioner,

)

vs.

)

PCB 03-133

COUNTY OF KANKAKEE, COUNTY

)

(Third-Party Pollution Control Facility

BOARD OF KANKA.KEE, and WASTE

)

MANAGEMENT OF ILLINOIS, INC.

)

Respondents.

)

MICHAEL

WATSON,

Petitioner,

)

VS.

)

PCB 03-134

COUNTY

OF

KANKAKEE,

COUNTY

)

(Third-Party Pollution Control

Facility

BOARD OF

KANKAKEE,

and WASTE

)

Siting Appeal)

MANAGEMENT OF

ILLINOIS, INC.

)

Respondents.

)

)

KEITH

RUNYON,

Petitioner,

)

vs.

)

PCB 03-135

COUNTY

01? KANKAKEE,

COUNTY

)

(Third-Party Pollution

Control Facility

BOARD

OF

KANKAKEE,

and WASTE

)

Siting

MANAGEMENT OF ILLINOIS, INC.

)

Respondents.

)

APR

29

‘03

12:

PAGE. 07

---

NOTICE TO PRODUCE AT

TIME

OF

HEARING

TO:

COUNTY OF

KANAKEE

P.O. Box 1389

Rocklord, IL

61105-1389

Now comes

Merlin Karlock, by

and

through

his Attorney, George Mueller,

P.C.,

arid

pursuant to Illinois Pollution Control Board Rule

101.616 and

101.624, Illinois Supreme Court

Rule 237 and Section 2-1102 ofthe Illinois Code ofCivil Procedure, hereby requests The

County

OfKankakee,

Illinois to produce the following persons at the hearing in the instant

matter beginning

on May

5,

2003 at 1:00 p.m. at City Hall, City Council Chambers,

385

E.

Oak

St., Kankakee,

Illinois:

Brenda Gorski

Esther Fox

Bruce Clark

Charles Heisten

Ed

Smith,

the duly elected State’s Attorney of

Kankakee County

Elizabeth Harvey

G~Q61~4t

~it~Q&)

George Mt~1er,Attorney

at Law

GEORGE MUELLER, P.C.

Attorney at Law

501 StateStreet

Ottawa, IL

61350

Phone: (815) 433-4705

fax:

(M5) 433-4913

APR

29

‘03

12:09

PAGE.08

---

BEFORE

THE

ILLINOiS POLLUTION

CONTROL BOARD

CITY

OF

KANKAKEE,

Petitioner,

)

vs.

)

PCB

03-125

COUNTY OF

KANKAKEE,

)

(Third-Party Pollution Control Facility

COUNTY

BOARD

OF

KANTKAKEE,

)

Siting Appeal)

and

WASTE

MANAGEMENT

OF

)

ILLINOIS,

INC.

Respondents.

)

MERLIN KARLOCK,

)

Petitioner,

)

vs.

)

PCB 03-133

COUNTY OF

KANKAKEE,

COUNTY

)

(Third-Party Pollution Control

Facility

BOARD OF

KANKAKEE,

and WASTE

)

MANAGEMENT OF ILLINOIS, INC.

)

Respondents.

)

MICHAEL WATSON,

)

Petitioner,

)

vs.

)

PCB

03-134

COUNTY OF

KANKAKEE,

COUNTY

)

(Third-Party Pollution

Control Facility

BOARD

OF

KANKAKEE,

and WASTE

)

Siting Appeal)

MANAGEMENT

OF ILLINOIS, INC.

)

Respondents.

)

KEITH RUNYON,

)

Petitioner,

)

vs.

)

PCB 03-135

COUNTY

OF

KANKAKEE,

COUNTY

)

(Third-Party Pollution Control Facility

BOARD OF

KANKA.KEE,

and WASTE

)

MANAGEMENT OF ILLINOIS, INC.

)

Respondents.

)

i~PR29

‘03

12:08

PAiE~9

---

ni

,‘~

a.—’

Cajrs..J

Sc.-

.LcJ

TO:

See Attached Service List

PLEASE TAKE

NOTICE

that on April 29, 2003 there caused to be filed via U.S. Mail

with the Illinois Pollution

Control Board an original and a copy ofthe following document, a

copy ofwhich

is attached hereto:

Notice

To Produce At Time Of Hearing

(Directed To

County

ofKankakee)

BY:

(Q

,J7w~L)

Attorn~for

Merlin Karlock

STATE OF ILLINOIS

)

)SS.

COUNTY OF LASALLE

)

The undersigned, being firstduly sworn, state that I served a true

and correct copy ofthe

foregoing Notice, togetherwith a copy ofeach document referred to therein, upon the person(s)

indicated at thcir address(es)

indicated in the ServiceList via facsimile (if applicable) and by

mailing the same in Ottawa, IL before the hour of 5:00 p.m.

on the 29th Day of April, 2003.

(~i

~)ihl~Q~J

SUBSCRIBED

and SWORN

TO

Before Me This 29th Day ofApril, 2003.

Notary PublicU

~

“OFFICIAL

SEA.LH

~

~

SUSAN

COUGHLIt’4

~

~

Notary Pubflc

S~at&ef ~Ii~r~ois

~

GEORGE MUELLER, P.C.

501 StateStreet

Ottawa,IL

61350

Phone: (815) 433-4705

Fax: (815) 433-4913

APR

29

‘03

12:09

PAGE.10

---

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\L_I_L’LIIl

CERTIFICATE OF SERVICE

It is hereby certified that true copies ofthe foregoing document were mailed, first class,

to each ofthe following on April 29, 2003:

~rad1ey

P.

Halloran, Hearing Officer

Illinois Pollution

Control Board

Janies It Thompson Center

100 West Randolph St.,

Suite 11-500

Ciicago,IL

60601

Fax: (312)

814-3669

~ichardS. Porter

CI~arles

F. Heisten

J±inshaw

& Culbertson

100 Park Avenue, P.O. Box 1389

~oc1dord,

IL

61105-1389

Fax:

(815) 490-4901

Keith Runyon

1165 Plum Creek Drive

Bourbonnais, IL

60914

Fax:

(815)937-9164

Elizabeth S. Harvey

Swanson, Martin & Bell

One IBM Plaza, Suite 2900

Chicago,tL

60611

Fax:

(312) 321-0990

Karl Krause,

Chairman

Bruce Clark, Kankakee County Clerk

Kankakee County Board

189 Court St.

Ka.nkakce, IL

60901

Edward Smith

Kankakee County State’s Attorney

450 East Court St.

Kan.kakee, IL

60901

L.

Patrick Power

956

North Fifth Avenue

Karii.cakee, IL

60901

Fax:

(815) 937-0056

Dorothy M.

(3unn

IllinoisPollution Control Board

James R. Thompson Center

100 West Randolph

St., Suite

11-500

Chicago, IL

60601

Leland Milk

6903 S. Route

45-52

Chebanse, IL

60922

Donald 3. Moran

Pedersen & Houpt

161

N. Clark St.,

Suite 3100

Chicago, IL

60601-3224

Fax:(312)261-1149

Jennifer 3. Sackett Pohlenz

175 W.

Jackson Blvd.

Suite 1600

Chicago, IL

60604

Fax:

(312)540-0578

Kenneth A. Bleyer

923 W. GordonTerrace, #3

Chicago, IL

606 13-2013

Patricia O’Dell

1242 Arrowhead Drive

Bourbonnais, IL

60914

Kenneth A. Leshen

One Dearborn Square,

Suite

550

Kankakce,IL

60901

Fax:

(815) 933-3397

TOTAL P.11

PAGE. 11

APR 29

‘03 12:09

---

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OILS

AFFIDAVIT OF ESTER FOX

I.

Ester Fox,

being

over the

age of 21

and having

been

sworn,

hereby states

the

following, based on personal

Knowledge:

1.

I

am the

Chief

Deputy

Clerk.

Kanliakee

County,

Illinois.

As

part

of my job

responsibillties,

I

assisted

persons

who

came

to

the

Clerk’s

Office.

inquiring

about

the siting

application

filed byWaste Management of

Illinois, Inc.

2,

I

have

some

recoQection

of

Mr.

Geor•~e

Mueller, attorney for

Mr.

Kariock,

viSiting

the

Clerk’s

Office

prior

to the

beglnrdng

of the

local hearings on

the

application.

I

do not remember the date of that

visit.

3.

Mr.

Mueller

asked

to

see

everything

filed

as

part

of

the

siting

application.

I

showed

him

everything

of

which

I wat;

aware.

4.

Much

later,

on or

about

the

first day

of the County’s

hearings

on

the application

(November 18, 2002),

I

learned that WMII

had

filed

its

operating record

with the

Clerk~soffice

as

part of

Its

application.

I was unaware

of the

existence

of

that

operating record when Mr. Mueller visited the Clerk’s Office.

5.

I

dd not purposefully

faD

to show

Mr. Mueller any portion of the apptication, but

showed

him

everything

of

which

I

was

aware.

I

do

not

remember

any

subsequent

contact

or

inquiry

to

the

Clerk’s

Office

(after

his

visit

to

the

Clerk’s

Office) by

Mr. Mueller regardIng the siting application, or any portion thereof.

6.

From May

2 through May

10,

2003,

1

will be

out of state

on a

long-planned trip.

and am unable to appear at the hearhgs set for May 5 though 9, 2003.

7.

I am

competent to

testify to the abovE:.

Further affi ant sayeth naught.

Ester Fox

Sworn

t~eforeme this

.3t2

dayofApril2003.

~I’a~

i~~

1

SHARON

R.

GEIGER

I

Notary Public

-

State

of IlUnoI~

EXHIBIT

APR 30

‘03

14:40

815 9398831

PAGE.82