H
NSH1~ ~
CULBER
FSON
Fax:
31 5—99~
t~ov
/
2003
13: 29
HINSHAW
~CULBERTSQN
ATTORNEYS
AT
LAW
STATE
0~1LLi
~j~vn~
xu.o~ois
tOO Park Avenue
~
~NOi~
ct~1~A~Gt~,
~LLW~oxt
P.O. Box
1389
SP~
~f~4CIsC~,
C
oRm~
Board
c~-sic~oo,
a~o~
Rzg~kfbrd,
IL
61105-1329
tT
LATJ~ERD~Le.
~OR~DA
CR.YSTM
LAKE, WNOIS
sOL~ET,
~
815-490-4900
JACKSONVILLE, FLO~JZ)A
usI*
!.NOTS
Pacsjmile
815-490-4901
~MI.FI~OR.IDA
PE~lA.
ILLTh~0lS
Ww.hinshawcu1bcrtsoncoj~
TAMPA,
FLO~UI1A
~OCka~ORI),
IL~JL’4OIS
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LOUIS,
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WAtJKEçA~•
ILLrNOIS
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,A)~ONA
NEW
‘~O~ç
~aw
voiuc
A1?~.ETON,
~5CONSIN
MLWMJKan WISCnNSIN
FACSIMILE
TRANS
-~
-~
TO BE
DELIVERED IMMEDIATELY
TO~
COMFANY:
FAX
NO.~
FIJONENO,~
DorothyM. G~m
3L2/814-3620
George
Mueller
4334913
433-4705
)Jonajd
3. Moran
Pederson&Houpt
312/2614 149
312/261-2149
Kenneth A.. Leshen
_____
ChiistopiierW. Boblen
939-0994
939-1133
L. Patrick Power
937-0056
937-6937
~y~~dber
AnjanitaDunias
Clerk
933-0482
933-0480
Elizabeth Hatyçy
Swanson, Martin & Bell
312/321-0990
312/321-9100
Claire Manniflg
Poseg~te
& Denes
217/522-6184
217/522-6152
Brad ~Ja11oran
J.PCB
312/814-3669
312/814-8917
DATEt
November 7,203
——
FROM:
Richard S. Porter
USER ID
a4549
MATTER NAME:
Kankakee
MATTER NO.~
827167
NO.
OF
PAGES (iucludiug ths Cover):
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1O3S~6O4vJ
527167
IiIr~sI-~A~’
&
CULHEnTP
~
F:81563~989
Nc~
7
2003
13:29
P.02
BEFORE THE ILLNOIS
POLLUTION CONTROL BOARD
BYRON
SM1DBERG,
)
)
Petitioner,
)
)
)
CITY OF KANK.AKEE, ILLINOIS, THE CITY)
Case No.
PCB 04-33
OF KANKAKEE, ILLiNOIS CITY COUNCIL,)
TOWN AND COUNTRYUTILITIES, INC.,
).
and KANKAKEE REGIONALLANDFILL,
)
L.L.C~,
)
)
Respondents.
)
WASTE MANAGEMENT OF ILLINOIS,
)
INC.,
)
)
Petitioner,
.
)
)
vs.
)
)
Case No.
PCB 04-34
THE CITY OF K~XAXEE,ILLINOIS CITY)
COUNCIL, TOWN AN) COUNTRY
)
UTILITIES, INC., and KANKAKEE
)
REGIONAL LANDFILL, L1.C.,
)
)
Respondents.
)
COUNTY OF KANKAXEE, ILLINOIS and
)
EDWARD
D. SMITH, KAM~AKEE
COUNTY)
STATE’S ATTORNEY,
)
)
Petitioners,
)
)
vs.
)
)
CaseNo.
PCBO4-35
CITY OF KANKAKEE, ILLINOIS, THE CITY)
OF KANKAKEE, ILLINOIS CITY COUNCIL,)
TOWNAND COUNTRY UTILITIES, INC.,,
)
and KANKAKEE REGIONAL LANDFILLS
)
L.L.C.,
.
)
)
Respondents.
)
L
HNSHMIt
&
CUL~ERTSON
Fax:615—963—9969
Nov
200
1
3
1~:29
P.03
PETITIONERS’ COUNTY
(~FKANKAKEE.
ILLINOIS
AND
J~DWA1~D
D.
SMLTJL KANKAKEE
COUNTY STATE’S ATTORNEY~
RESPONSE
TO RJ~SPONDENT4
TOWNflc
COUNTRY UTILITIESJNC.’S
REQUEST FOR ADMISSION OF FACTS AND
GENUTNEN~SS
OF DOCUMENTS
NOW COME
the Petitioners,
COUNTY OF
KANKAXEE,
ILLINOIS
and EDWARD
D.
SMITH,
KANKAKEE
COUNTY
STATE’S
ATTORNEY,
by
and
through
their
attorneys,
HINSHAW &
CULBERTSON,
and for their Response to
Respondent’s, TOWN &
COUNTRY
UTILITIES,
INC.’s,
Request for Admission of Facts
and
GenuIneness of Documents, states as
follows:
1.
The
authentic tax
records
of Kankakee
County,
Illinois,
are
maintained
by
the
Kañkakee County Assessor and the Kaukakee County Treasurer In a shared database.
RJ~SFONSE:
Objection,
this
is
not
a
request
for
admission
of
fact
and
rather
seeks
the
admission of a legal conclusion as to what constitutes the “authentic tax records”.
Subject
to
this
objection
and
without
waiving
same,
the
Kankakee
County
Assessor and theKankakee County treasurer do utilize a shared database.
2.
The
shared
database of the
Kankakee
County
Assessor
and
Kankakee
County
Treasurer represents the most accurate, up-to-dat;
and
authentic records of property ownership
in Kankakee County.
R.ESPONSJ~i Deny.
The
most
up
to
date and
authentic records
of property
ownership in
Kankakee County are kept with the County Recorder.
3.
All property owners entitled
to
service ofpre-.fihing notice
are named in Exhibit
“A” ofthe service affidavit.
RESPONS~
Objection,
this
Petitioner has insufficient knowledge to
admit
that each
and every owner
entitled
to
service
is
named in
Exhibit
A
and,
rather,
the Petitioner demands strict proof thereof,
Subject
to
this
objection.
and
without
waiving
same,
this
Petiticner
is
aware
that
the
shared
database ofthe treasurer and assessor’s office provide that the Bradshaw
property o~vners
were Gary Bradshaw, James J3radsbaw, Jay Bradshaw,
Ted Bradshaw
arid Denise Fogle.
Exhibit A indicates that those owners
are
do
Judith Skates only, which would seem to indicate she is the only
recognized owner, which is
erroneous.
Therefore though the Petitioner
2
NINSH4’I~
&
CUL6E~T5ON
Fax:815—953—9989
Nov
7
2003
13:313
P. 04
has not
at this
time
verified that
all
other
owners
entitled to notice
are
appropriately named in
Exhibit
A,
the Petitioner denies this
allegation
based at least ozi the Bradshaw property.
4.
The
affidavits
of service
and
certified
mail
receipts
attached
to
the
service
affidavit as ~oup
Exhibit “C”
aretrue and correct copies ofsaid
affidavits and receipts.
R1~SJ~QNSEObjection,
the
County of Kaukakee has no
personal knowledge of whether the
service affidavits are true and conect copies.
Under penalties
as provided
by
law
pursuant
to
Section
1-109 of the
Code
of
Civil
Procedure,
the undersigned certifies that the statements set
forth in this
instrument are tru.e
and
correct,
except as to matters therein stated to be on information and belief and as to such matters
the undersigned certifies as aforesaid that be verilybelieves the same
to be
true,
H1NSHAW AND CULBERTSON
100
Park Avenue
P,O.Box
1389
Roclcford, IL 61105-1389
815-490-4900
7O38297~t8Z71~7
R1CHAR~S.
PORThR
On behalf
ofthe COUNTY OF KANKAKBE,
ILLINOIS, and EDWARD D. SMITH,
KANXAKEE
COUNTY STATE~SATTORNEY,
This
document utilized 100
recycled paper products
SUBSCR1BBD and
SWORN to
before me this
~*~\
day ofNovember, 2003.
3
HlNSHA~&
CULDERTSON
Fax:815—953—9959
Nov
7
2003
13:30
P.05
AFFIDAVIT OF SERVICE
The undersigned, pursuant to the provisions of Section
1-109 ofthe Illinois
Code ofCivil
Procedure,
hereby under
penalty
of
peijury under the
laws of the United
States
of America,
certifies that on November
7, 2003, a copyofthe foregoing was served
upon:
Dorothy M.
Gunn, Clerk
Illinois Pollution Control Board
James R.
Thompson Center
100 West Randolph Street, Suite 11-500
Chicago, IL 60601-3218
Attorney George Mueller
501
State Street
Ottawa, IL 61350
(815) 433-4705
(815) 433-4913
FAX
Donald S.
Moran
Pederson
& Houpt
161 N. Clark Street, Suite 3100
Chicago, IL 60601-3242
(312)261-2149
(312) 261-1149 FAX
Elizabeth
Harvey,
Bsq.
Swanson, Martin & Bell
One IBM Plaza, Suite 2900
33,0 North Wabash
Chicago, IL
60611
(312)321-9100
(312) 321-0990 FAX
Kenneth A. Lesben
Leshexi& SliwinskI,P.C.
One Dearborn Square, Suite 550
Kaukakee~
IL
60901-3927
(815)933-3385
(815)
933-3397
FAX
Christopher W. Bolilen
200 E. Court Street, Suite 602
P.O. Box 1787
Kaukakee, IL 60901
•
(815)939-1133
(815)
939-0994 FAX
7O377~53v3Z~7367
FJN5H/~
&
CLIL8ERTSON
Fax:815—963—9989
Nov
7
2003
12:30
P.06
L. Patrick Power
956 N.
Fifth
Avenue
Kankakee, ilL
60901
(815) 937-6937
(815) 937-0056
FAX
Byron Sandberg
109 Raub St.
Donovan, 11
60931
byronsandberg~~~d.net
Anjanita Dumas,
Clerk
City ofKankakee.
385
B. Oak Street
Kankakee, 11
60901
(815)
933-0480
(815) 933-0482 FAX
Claire A. Manning
Posegate &
Denes, P.C.
111
N. Sixth Street
Springfield, IL
62705
(217)522-6152
(217) 522-6184 FAX
BradleyP. Halloran, Hearing Officer
Illinois Pollution ControlBoard
James R. Thompson Center, Suite 11-500
100 W. Randolph Street
Chicago, IL 60601
(312)814-8917
(312) 814-3669
FAX
By faxing and by depositing a copy thereof, enclosed in an en~e1ope
in the United States Mail at
Rockford, Illinois, proper postage prepaid, before the hour of 5:00 P.M., addressed as above.
-
HINSHAW &
CULBERTSON
100 ?axk Avenue
P.O.3ox
1389
Rockford, Illinois 61105-1389
(815)
490-4900
7D377S5~vt
S27~67
NINSHAN
&
CUL5E~TSON
Fax:815—953—9959
Nov
7
2003
13:30
BEFORE
TEE ILLINOIS POLLUTION CONTROL BOARD
)
)
)
)
)
Case No.
PCB
04-3 5
P. 07
Case No~P03 04-33
Case No.
PCB 04-34
BYRON SAN)BERG,
)
)
Petitioner,
)
)
vs.
)
)
CITY OF KA~KAKEE,
ILLINOIS, THE
CITY)
OF KANKAKEE,
ILLINOIS CITY COUNCIL,)
TOWN AND COUNTRY UTILITIES, INC.,
)
atid KANKAKEE REGIONAL LANDFILL,
)
L.L.C.,
)
)
Respondents.
)
WASTE
MANAGEMENT
OF
ILLINOIS,
)
INC.,
)
)
Petitioner,
)
)
vs.
)
)
‘Il-JE CITY
OF
KANKAKEE,
ILLINOIS CITY)
COUNCIL, TOWN AND
COUNTRY
)
UTILITIES,. iNC.,
~nd KANKAKEE
)
REGIONAL LANDFILL,
L.L.C.,
)
)
Respondents.
)
COUNTY OF KANKAKEB, ILLINOIS and
)
EDWARD D. SMITH, KANKAKEB COUNTY)
STATE’S ATTORNEY,
•
)
Petitioners,
vs.
CITY
OF
KANEAKEE, iLLiNOIS,
THE
CITY)
OF
KANKAKEE,
ILLINOIS CITY COUNCIL,)
•
‘
TOWN AND
COUNTRY UTILITIES,
INC.,
)
and KANKAKEE REGIONAL LANDFILL,
)
L.L.C.,
)
)
Respondents.
)
H!NSHA~’ &
CUL8ERTS~N
Fax:815—963—9989
Nov
7
2003
13:30
P.08
lONERS’, CY
OFJ~K
ILLINOISANI)
EDWARD
D.
SIS~UTH,KANKAKEE
COUNTY
STATE’S
ATTORNEY~
ANSWERS
TO RESPONDENT, TO&COUNTRYUTILITIE~JN(~~
INTERROGATORLES
NOW
COME
the Petitioners,
COUNTY OF
KANKAKEE, ILLINOIS
AND EDWARD
1).
SMITH, KANKAKEE
COUNTY STATE’S
ATTORNEY, by
and
through
their
attorneys,
IEJ1NSHAW
&
CULBERTSON,
and
for
their Answers
to
Respondent, TOWN &
COUNTRY
UTILITIES, INC.’S, Interrogatories,
state as follows:
1.
Identify the person answering
these Intenogatories
and,
if different, identify the
person signing
these answers.
ANSWER:
Richaid
S.
Porter,
Special
Assistant
State’s
Attorney
for
County
of Kankakee,
Illinois.
2.
State the factual basis ofany claim that the City~
lacked jurisdiction to conduct the
siting hearing.
ANSWER:
1)
See Petition for Review, investigation contin~les.
2)
The
application
filed
on
March
17,
2003
by
Town
&
Country
was
substantially
the same
as the
application
filed
on
March
13,
2002
because the
design, location and operation plan contained in both applications were identical.
3)
The
application
filed
on
March
17,
2003
was
incomplete,
as
it
failed
to
contain sensitivity analyses.
4)
The applicant failed to establish that proper notice was given to all
landowners
within 250 feet ofthe proposed landfill, as there are
no
return
receipts for some of
the owners and many receipts were signed by individuals who were not the actual
owners and with no proofthat these individuals were
authorized agents ofthe
owners.
Specifically, the following defects
in notice existed:
a.
Although
the
Applicant
identifies
that
a
parcel
was
owned by
Gary L.
Bradshaw, James R. Bradshaw, Jay D. Bradsb.aw, Ted A. Bradshaw, Denise Fogel
and
Judith
A. Skates, notice was sent only to
luditb A.
Skates’
address and not to
the addresses ofany ofthe other listed owners.
b.
The
following
certified
mail
return
receipts
were
not
signed
by the addresses, his
or her agent or even an. apparent family member:
2
H~NSHp,’,/&
CUL~E~TSON
Fa~: 615—S63—99~9
Nov
7
20U3
13:
3C1
P.
OS
(i)
Certified mailing
sent
to
Gary L.
Rtadshaw,
James R.
Bradshaw,
.lay D.. :Bradshaw,
Ted thadsbaw
and Denise Fogle was signed for
by Judith Skates.
(ii)
Certified
mailing
addressed
to
Linda
Skeen was
signed
for by
Coralee Siceen, who did not declare herself as her agent.
Coralee
Skeen
also
signed for Certifiedmailings addressed to
Geraldine M.
Cairn,
Shirley A.
Mai:ion,
Dehnar
L.
Skeen,
Robert
S.
Skeen,
Norma J. Stauffenberg, Judith M. Trepanier,
and
Skeen Fanns, but
did not
declare herself as
agent
for
any
of the above.
Robert
S.
Skeen later signed for a Certified mailing himself at
1590 W.
3500
S.
Rd., Kankakee, IL 60901.
Coralee Skeezi. had previously signed
a Certified mailing for Robert S. Skeen at that same address.
(iii)
Certified mailing addressed
to
Willie
Walker was
signed
for by
Leslie Wilson, Jr., who was not declared as an agent.
(iv)
B.
Paqitette
signed
for
Certified
mailings
addressed
to
David
Ledoux, Rebecca Ledoux,
and
Norman
L. Paquette,
but did not
declare herself
as
an
agent of them.
B.
Paquette
did
sign for her
own Certified
mailing.
(v)
Certified
mailings
addressed
to
FrederIck
Forte
and
Mary
Thompson were
signed for by
Lana Forte,
who
did
not declare
herselfas
an
agent ofeither.
(vi)
Certified mailing
addressed
to
Kankakee
Federal
Savings
Bank
was signed
for by Karen
Clutz,
who
did not declare herself as its
agent.
(vii)
Certified mailings
addressed to
ICC
Railroad
and Illinois
Central
Railroad
Co.
Real
Estate
Tax
Dept.
were
signed
for
by
R.
Jedlinski, who did not declare himself as agent ofeither.
(viii)
Certified
mailing
addressed
to
Leland
Milk
was
signed
for
by
someone who I could not read their handwriting, and who did
uot
declare themseifas
an
agent.
(ix)
Certified mailing
addressed to Mile
Fleming
was
signed
for by
Nancy Davenport, who did not declare herselfas hIs
agent.
(x)
Certified mailing addressed to
Charles R.
Burke was
signed
fOr by
Mary Grace, who did not declare herself to be his agent.
c.
The
following certified mailings
were
sent to
government personnel, but
not signed forby agents:
3
HIMSHAW
&
CULBERTSON
Fax:815-963-SSBS
Nov
~ 2003
13:31
P.10
(xi)
Certified
mailing addressed to Pat Welch,
State
Senator,
was
signed forby L. Bland, who did not declare herself agent.
(xii)
Certified
mailing
addressed
to
Debbie
Halvorsen,
State
Representative,
was
signed
for
by
Jeanne
Mathy,
who
did not
declare herselfas her agent.
(xiii)
Certified mailing addressed to Lawrence Walsh, State Senator, was
signed for by
Beverly Edinan, who did not declare herself as his
agent. The Certified mailing to Mr.
Walsh
was
not on the
Notice
List but was found in the return
receipts.
(xiv)
Certified mailing addressed
to
John Novak, State Representative,
was signed for by Colleen
Priebal, who did not declare herselfas
his agent.
d.
The following Certified mailings were signed by apparent family relations,
who were not declared as agents:
(xv)
Certified mailing addressed
to Michael P.
IBelluso was signed
for
by Yolanda M. Belluso, who
did not declare herself
as
his agent
(xvi)
Certified mailing addressed to
La~wrenceL.
Horrell by was signed
for by Patti Horrell
as addressee.
(xvii)
Certified
mailing
addressed
to
William
Obrt
was
signed
for
by
Marilyn Ohrt, but she did not declare herselfas his
agent.
(xviii)
Certified
mailings
addressed
to
Jeannine
Kinicin
and
Russell
Kinicin
were signed for by
Danny Kinicin,
who
did
riot
declare
himself their agent.
(xix)
CertIfied mailing
addressed
to
Jill
A.
Hansen was
signed
for by
Kevin
Hansen,
but
he
did
not
declare
he
was
her
agent.
A
Certified mailing addressed to Kevin. Hansen contained a different
address than it was addressed to:
876
B.
3100 N.
Rd.,
Clifton,
IL
60927, but it was signed for by Kevin Hansen.
(xx)
Certified
mailing
addressed
to
Bessie Jordan was
signed
for by
Jake Jordan, who did not declare himself as her agent.
(xxi)
Certified mailing
addressed
to
Rose
Perkins
was
signed
for
by
Domesha Perkins,
who
did not declare herselfas her agent.
(xxii)
Certified mailing
addressed to
Louise Gutierrez was signed for by
Adrian
Gutierrez, who
did
not declare himself as her
agent.
This
occurred twice.
4
HJNSHA~ &
CULHERTSON
Fa~:B15—y~3—~3g
Nov
7
2003
13:31
P.11
(xxiii)
Certified mailing
addressed
to
Donald Benojt was signed for by
Barbara
Benoit, who didnot declare herself as
his
agent.
(xxiv)
On
each
of these parcels the box
on
the
return
receipt
which
indicates that
the
signor
was the
agent of the addressee
was
not
marked.
Therefore, each such receipt on Its face, indicates
the
signor
was
not
the
agent
of
the
addressee.
No
further
documentation
was
submitted
by the
Applicant to confirm either:
(1) that the individual who did accept service for a specific parcel
was the authorized agent of the owners of that parcel; or
(2)
that
the owners
that
appear
in the authentic
tax records of the County
actually
received the pre-fihing notice in a
timely fashion.
e.
The following
were
signed by
individuals
other
than.
the
owner, but the
.1::.
“agent” box on the receipt was checked:
(xxv)
Certified mailing addressed to Minnie Creek Drainage District was
signed for by Bret Perreautt as agent.
(xxvi)
Certified
mailing
addressed
to
Ron
Thompson,
Otto
Township
•
.
Supervisor, was signed
for by
Betty
Thompson
as
agent.
A new
address was indicated:
803 B. Rosanne Cir.,
Kanicakee, IL 60901.
(xxvii) Certified
mailing
addressed
to
Dr.
SharI
L.
Marshall,
•
Superintendent of Schools for Central Community Unit District #4,
was
signed
for by
Cindy
Saxson as agent.
(xxviii)Certified
mailing
addressed to
IDOT was
signed
for by
Patrick
Woulfe as agent.
(xxix)
Certified
mailing
addressed
to
Mary
K.
O’Brien,
State
•
Representative~
was signed for by Mike
McGuire as agent.
(xxx)
Certified mailing
addressed
.
to
Katie
Cooper was
signed for by
Charles Cooper as
her
agent.
(xxxi)
Certified mailing
addressed to
~.an.dy
lobeuski was signed forby
Randy Tobensici as agent.
(xxxii) Certified mailing addressed to
John F. Mullin was
signed for by
Rita Mullin as agent.
(xxxiii)Cextified
mailing
addressed
to
Bret
Perreault
was
signed
for
by
Margaret
Perreault as agent.
Also listed was
a
different
address:
4527
S
5000 W,Kankakee~IL
60901
(xxxiv) Certified mailing addressed to
Margie A.
Hartman
was signed for
by Gerald
Hartman
as agent
and
addressee.
5
HINSHAN
&
CULEJERTSON
Fax:815—~3_S98g
Nov
7
2003
13:31
P.12
3.
Identi~’
each and every member of the City Council who you claim
prejudged or
failed
to judge whether Kankakee Regional
Landfill, LLC
and Town &
Country Utilities,
Inc.
that satisfied the statutory criteria, and for each member identified, state the basis foryour claim.
ANSWER:
See
Petition
for
Review.
.
The
City
Council
pre-judged
the
Application
as
evidenced
by
the
extensive
pre-filing
and
post-filing
contacts,
including
the
February
19,
2002
hearing
that was held in front of the
City
Council
(without
notice
to
any
landowners
or
objectors)
concerning
the
Applicant’s
purported
compliance
with
the
Section
39.2
criteria,
numerous
other
meetings
and
discussions of representatives of the
City
Council
occurred with
the Applicant
both before
and
after the filing of the Application, including those described
and
evidenced in regard to Town &
Country
I.
Furthermore,
as
Mr.
Werthmaun
explicitly testified, he
and
other representatives of
the Applicant had
discussions
with the
City
Council
or
its agents
after the filing of the instant
Application
and
before decision.
The pie-adjudication by the City Council was further evidenced
by it directing its
attorneys
to
file a declaratory judgment
and
injunctive action
against
the
County ofKankakee in the Circuit Court ofthe
21st Judicial
Circuit,
City ofKankakee v. County
of
Kankakee, 02-CI~-400,
wherein the City attempted
to
enjoin the County from funding its defense ofits
solid waste managementplan
which
called
for only
one
landfill
and
from
funding
its opposition
to the joint
venture of the Applicant and
the City to
site a landfill which
clearly violates the
County
Solid
Waste
Management Plan.
The
obvious
pre-adjudication. of the
merits
was further evidenced by the City filing
another injunctive case, before the
Section 39.2
bearing in
this matter, against the County, seeking to
bar
the
County
from enforcing its solid waste management plan or participating
iii
the
Section
39.2
siting hearing.
City
of
Kankakee
v.
County
of Kaukakee,
21st
Judicial
Circuit, 3-CH-166.
Within
that proceeding
the
City judicially
admitted its
pre-
adjudication ofthe application because
the City asserted the County ofKankakee
was “attempting
to
interfere with the siting by the
City.”
The City further argued
that the solid wastemanagement plan “restricted
the City’s right to site a facility
within
its
boundaries.”
The
City
alleged it would be caused irreparable hann
if
the
County
was not enjoined from participating in the City’s
siting bearing
because the
City argued
the
practical effect ofthe County plan was
to prohibitthe
City from
siting a second
landfill “anywhere
but adjacent to the
County’s
current
landfill.” Upon information and
belief he
City
Council directed its attorneys to
file the aforementioned causes of action,
therefore, it is abundantly clear that the
City
Council
bad
already
decided that it
would
approve the application of’Town
&
Country
Utilities,
Inc.
before
the Section
39.2
hearings.
Investigation
continues.
.
6
HINSHPW
&
CULBERISON
Fax:815—~53—99E~
Nov
7
2003
13:31
P.13
4.
Identify
each and every document or other
writing that
shows
or tends
to
show
that any member ofthe City Council
prejudged, or failed to judge, whether
Kankakee Regional
Landfill,LLC
and
Town&
Country Utilities, Inc. had satisfiedth~
statutory criteria.
ANSWER~
Objection,
to the extent
this
interiogatory seeks discovery concerning the bases
for
the
Petitioner’s
claim
that
the
decision of the
City
Council,
as
to
certain
criteria
of
Section
39.2
of the
Act,
was
against
the
manifest
weight
of the
evidence,
such is
beyond
the
scope of discovery in this
proceeding.
Subject
to
this
objection,
and
without
waiving
same,
to the
extent this
interrogatory seeks
information
on
pie-adjudication
of the
merits
and
the
lack
of
fundamental
fairness, see
answer
to
Interrogatory
#3
and
the
entire
record of the Town
&
Coutnry I proceeding, all ofthe discovery
that was exchanged in regard to Town
&
Country I, the pleadings
concerning
the aforementioned
lawsuits filed by the
City of Kankakee against the County of Kankakee, any minutes of City Council
meetings concerning the
filing of the aforementioned lawsuits or conxinunications
with the Applicant, (copies ofwhich should be produced by the City ofKankakee
in
response
to
the
discovery
propounded
by
this
Petitioner).
Investigation
continues.
5.
If you
are
aware of any
oral statement
or conduct by
any
member of the
City
Council evidencing a bias in favor ofthe Applicant or Application, for each such oral statement
or conduct:
a.
Describe the oral statement or conduct;
b.
State
when
and
where
such oral
statement
was
made
or
such conduct
occurred; and
c.
Identify all witnesses to such oral statement or conduct.
ANSWER~
See
answer
to
Interrogatory
#3;
all
of the
documents
previously
produced
in
Town &
Country
I;
minutes
of the February
19,
2002
meeting;
any
minutes
of
meetings concerning the
filing of the aforementioned lawsuits against the County
ofK.ankakee, various newspaper and media quotations of City Council members,
investigation coutinues.
7
HINSHA~’
&
CULBERTSON
Fax:615-~63-g~gg
Nov
7
2003
13:31
P.14
6.
If you
are aware of
any
impermissible
ex parte contact between any
member of
the City
Council
and
any
representative
of Kankakee Regional
Landfill,
LLC
and
Town
&
Country Utilities, Inc., for each such contact:
a.
Describe the nature ofthe contact;
State when and where suchcontact occurred, and;
c.
Identify all witnesses to such contact.
ANS~~j
See
answer to Interrogatory #3.
7.
Identify each and
every
pre-fihing and
post-filing contact between the Applicant
and the City, andlor their respective agents or representatives, which you claim to
be prejudicial
or supportive of allegations of prejudgment, and for each such contact set forth the facts which
prove
that such contact occurred and the facts which
support the
allegation that
such ~ontacts
were prejudicial or supportive ofallegations ofprejudgment.
ANSWER:
See answer to Interrogatory #3.
8.
State
any
and
all
other instances of fundamental unfairness
claimed by you,
and
for each instance:
a.
State the factual basis for such claim;
b.
Identify eachperson who has knowledge ofsuch claim;
c.
State the substance ofeach suchperson’s knowledge, and
d.
Identify each document that supports, ortends to support, such claim.
ANSWER:
See Petition forReview and answer to Interrog
tory #3, investigation continues.
9.
Identify each landowner entitled
to pie-filing notice who did riot receive the same,
and for each such landowner,
set
forth
the facts supporting
the
allegation
that
he or she was
entitled to pre-fihiug notice and the facts supporting the allegation
that he or she did not receive
S
HINSHM~ &
CUL~ERTS0N
Fax:~15—3--~~
Nov
7
2003
13:32
the
same.
Also, identify
any documents supporting the allegation that any landowner entitled to
receive notice did not receive the same.
ANSWERS
See Answer to
Interrogatory No.
2.
Likewise, each owner ofa property who was
entitled to notice
which
did
not personally sign
the returned receipt
was
denied
proper
pie-filing notice.
Gary ll3radshaw, James Bradsbaw, Jay Bradshaw,
Ted
Bradshaw,
and
Denise
Fogle
were
all
entitled
to
be
sent
pie-filing
notices,
however, none of these
individuals were sent such a notice.
Investigation
continues.
10.
Identify
each witness
who you will
call
to
testify
at the hearing on the Petition,
and describe in detail the subject matter on which that witness will testify
and the substance of
the expected testimony.
ANSWER:
This
Petitioner
has
not
yet
detexmined
which
witnesses
it
expects
to
call
at
hearing, investigation continues.
H~NSHAW
AND CULBERTSON
1100 Park Avenue
P.O. Box 1389
lRockford, IL 61105-1389
815-490-49.00
Respectfully Submitted,
On behalfof the COUNTY OF KANXAKEE,
ILLINOIS~
and EDWARD D. SMITH,
KANKAKEE COUNTY STATE’S
ATTOF~Y,
By:
Hinshaw & Culbertson
73382986v1
82716?
This document
utilized
100
recycled paper products
One of
9
H!NSHM~ &
CULBERISON
Fax:81S—953—9~g~j
Nov
7
2003
13:32
P. 1~
AFFIDAVIT
OF
SERVICE
The
undersigned, pursuant to the provisions ofSection 1-109 of the
Illinois Code of Civil
Procedure, hereby
under
penalty
of’ peijmy
nnder
the
laws of the
United States
of America,
certifies that on November 7, 2003, a copy ofthe foregoing was served upon:
Dorothy M. Gunn, Clerk
Illinois Pollution Control Ba aid
James R. Thompson Center
100 West Randolph Street, Suite 11-500
Chicago, IL
60601-3218
Attorney George Mueller
501
State Street
Ottawa, IL
61350
(815) 433-4705
(8115)
433-4913FAX
Donald J. Moran
Pederson & Houpt
161 N. Clark Street, Suite 3100
Chicago, IL60601-3242
(312)261-2149
(312)
261-1149
FAX
Eliiabeth Harvey, Esq.
Swanson,
Martin &
Bell
OneIBM
Plaza,
Suite2900
330North Wabash
Chicago, 11 60611
(312)
321-9100
(312) 321-0990FA.X
Kenneth A.
Leshen
Leshen& Sliwinski, P.C.
OneDearborn Square, Suite 550
Karikakee, IL 60901-3927
(815) 933-3385
(815) 933-3397 FAX
Christopher W. Bohien
200 E. Court
Street, Suite 602
P.O.
Box 1787
Kankakee,
IL 60901
(815) 939-1133
(815) 939M994
FAX
7037785~vi827167
HJN3H~&
CULBE~TSON
F~x:315-953_g~89
Nov
7
2003
13:32
P.17
L.
Patrick Power
956
N. Ffth Avenue
Kankakee,
IL 60901
(815)937-6937
(815) 937-0056
FAX
ByronSandberg
109 Raub St.
•
.
Donovan, IL 60931
~
Anjanita Durnas, Clerk
City ofKankakee
385
E. Oak Street
•
Kankakee, XL 60901
(815)
933-0480
(815)
933-0482FAX
Claire A. Manning
Posegate& Denes, P.C.
111
N. Sixth Street
Springfield,IL
62705
(217)522-6152
(217) 522-61 84
FAX
Bradley
P.
Halloran, Hearing Of~lcer
Illinois Pollution ControlBoard
James
R. Thompson
Center, Suite 11-500
100 W. Randolph Street
Chicago, IL 60601
(322) 814-8917
(312) 814-3669FAX
By faxing
and
by depositing a copy thereof, enclosed in an envelope in theUnited States
Mail at
Rockford, Illinois, proper postage prepaid, before the hour of5:00 P.M., addressed as above.
HINSHAW & CXJLBERTSON
100Park
Avenue
P.O.
Box
1389
Rockford, Illinois
611 105-1389
(815)
490-4900
70377853v1
$27167
Hi
NSHA~ &
CULBERISON
Fax:
81 ~—~63—9989
Nov
7
2003
13:32
P.
13
•
BEFORE
THE
ILLINOIS
POLLUTION
CONTROL BOARD
BYRON SANDBBRG,
)
)
•
Petitioner,
)
)
vs.
•
)
)
•
CITY OP KAM(AKEE, JLLIJNOIS, THE
CITY)
OF KANKAKEE, ILLINOIS CITY COUNCIL,)
•
•
TOWNAND COUNTRY
UTILITIES,
INC.,
)
•
a~d
KANKAKEE REGIONAL LANDFILL,
)
•
•
•
•
)
Respondents.
)
WASTE MANAGE~~OF ILLINOIS,
)
INC.,
•
•
)
•
•
Petitioner,
•
)
•
)
vs..
•
)
)
•
•
THE
CITY O~
KA~~EE,
ILLINOIS CITY)
•
COUNCIL, TOWNAND COUNTRY
).
UTILITIES, INC.
and KANKAKEE
•
)
REGION~
LANDFILL, L.L.C.,
•
Respondents.
)
•
•
COUNTY
OF
KANKAXEE,
ILLINOIS and
)
EDWARD
D.
SMITH,
KANKAXEE
COUNTY)
STATE’S ATTORNEY,
)
•
•
)
Petitioners,
)
•
•
)
•
•
vs.
)
)
•
•
CITY
OF
KANKAKEB,
ILLINOIS,
THE
CITY)
•
OF
KANKAKEE,
ILLINOIS CITY
COUNCIL,)
TOWNAN)
COUNTRYUTILITIES,
iNC.,
)
•
and
KANKAKEE REGIONAL
LANDFILL,
)
•
•
L.L.C.,
•
)
Respondents.
•
)
•
Case No.
PCB 04-33
Case No.
P~’CB04-34
CaseNo.
PCJ3
04-35
)
)
HINSHAN
&
CULBERISON
Fax:815—953—9939
Nov
7
2003
13:32
P.19
•
PETITJONERS’~cOUNTyOFKANKAXEL
JLLrNoIs AND
EDWARD P. SMJTJ,
KANIAKEE
COJJNTY
STATE’S
ATTORNE~
RESPONSE
TO
RESPONDENT, TOWN & COUNTRY
•
UTILiTIES, INC.’S REQTIEST
FOR PRO~)UCTION
OF DOCUMENTS
NOW COME the Petitioners, COUNTY
OF
KANKAKEE,
ILLINOIS
and EDWARD D.
SMITH,
KANXAKEE
COUNTY
STATE’S
ATTORNEY,
and
for
their
Response
to
•
Respondent, TOWN
& COUNTRY UTILITIES, INC.’s, Request forProduction
ofDocuments,
states as follows:
•
•
•
1.
All
statements relatIng to
any issue raised
in the Petition filed herein,
including
notes
and
memorandaof conversations
and
tape recordings of
any
statements not transcribed.
RESPONSE:
See
all documents exchanged in regard to
County
of
Kankakee v. Town &
Country Utilities,
J.uc.,
et al., P03 03-31, 33, 35 (JPCB 2002)
(Town &
Country
I); see Complaint for Declaratory Judgment,
21St Judicial Circuit,
2-CH-400,
attached
hereto;
see
the
exhibits
to
Defendant’s
Motion
to
Quash
filed
in
this
case;
see
the
record
for the City of
Kankakee
proceedings; investigation continues.
2.
All
documents
that
have
been,
identified
in
Petitioner’s
Responses
to
the
Iute~ogatoriespropounded by theRespondent, Town&
Country Utilities, Inc.
RESPONSE:
Attached
hereto
is
a
copy
of the
Complaint
for
Declaratory
Injunctive
Relief,
all
other documents referenced
in
the response to
interrogatories
have
already been produced to Town &
Country in the prior proceedings,
or
in the underlying City ofKankakee
bearing;
investigationcontinues.
3.
All
reports ofany kind, nature
or extent whatsoever that have been
prepared by or
relied upon by
any withess who will give opiniontestimony duxing the hearing
in
this cause.
~i~~!’QN~i
Not applicable.
4.
All documents Petitioner intends to present as ~vidence during the hearing in
this
cause.
RJLSPONSE~jAll of the documents upon which Petitioner will rely have
beenproduced
to
Town
&
Country
Utilities,
Inc.
previously
or
are
a
part
of
the
underlying
record,
or
will
be
seasonably
supplemented,
investigation
continues.
5.
All
documents Petitioner relies upon
in
support of any of the allegations
in the
Petitioner for Review of Site Location Approval.
2
iHNSHA~&
CULBERISON
Fax:815—963—9989
No~
7
2003
13:32
P.20
•
RESPONSE:
See response to request #4.
6.
Any
other
document
not
Otherwise produced that
regards, relates
to, or coxicems
Petitioners’
claim that
(a) the Kankakee City Council
lacked jurisdiction to
conduct the siting
hoaxing, or (b) the process conducted by the Kankakee City Council was fundamentally unfair.
1UrISPONSE;
See response to request#4.
•
•
Respectfully Submitted,
Onbehalf ofthe COUNTY OF KANKAKEE,
ILLiNOIS, an, EDWARD ID.
SMITH,
KANXAKEE COUNTY STATE~S
ATTOP~NEY,
•
•
•
By: Hinshaw & Culbertson
•
_
One of Attorneys
•
HJNSHAW A~ND
CULBERTSON
100
Park Avenue
P.O. Box
1389
Rockford,TL61105-1389
815-490-4900
7o3az9aovI s27167
This document
utilized
100
recycled paper products
3
HINSH~ &
CULBERISON
Fax:815—963—9989
Nov
7
2003
13:32
P.21
AFFIDAVIT
OF SERVICE
Theundersigned, pursuant to the provisions ofSection 1-109 of the
illinois
Code ofCivil
Procedure, hereby under
penalty
of
peujury
under
the laws of the United States of
America,
c~rtifiesthat onNovember 7, 2003, a copy ofthe foregoingwas servedupon:
Dorothy M.
Gurin,
Clerk
illinois
Pollution Control Board’
•
lames R.
Thompson
Center
100 West RandolphStreet, Suite 11-500
Chicago, IL60601-3218
•
Attorney George Mueller
501
State Street
Ottawa, 1L61350
(815)
433-4705
(815)433-4913FAX
Donald
J. Moran
Pederson & floupt
161 N.
Clark Street, Suite 3100
•
•
Chicago, IL 60601-3242
(312)261-2149
(312) 261-1149 FAX
Elizabeth Harvey, Esq.
Swanson, Martin & Bell
One IBM Plaza, Suite 2900
33ONorth Wabash.
Cbicago,1L
60611
(312)321-9100
(312)
321-O99OFAX
•
•
Kenneth A. Lesben
Leshen & Sliwinski, P.C.
One Dearborn Square.
Suite 550
Kank~kee,
IL 6090 1-3927
•
(815)933-3385
•
(815) 933-3397FAX
Christopher W. Boblen
200
B. Court Street, Suite 602
•
P.O.Box 1787
‘
•
KankakeejL 60901
(815)939-1133
(8l5)939-0994FAX
.
7O~7Th53V1S2’7167
Hr
NSHA~ &
CULBEP,TSON
Fax:815-963~9989
•
Nov
7
2003
13:32
P. 22
L. Patrick Power
956
N. Fifth Avenue
Kankakee, lI.
60901
(815)
937-6937
(815)
937-OOS6FAX
Byron Sandberg
109 Raub St.
•
Donovan, IL 60931
•
~~dbers~b~et
Anjanita Dumas,
Clerk
City ofKankakee
385
B.
Oak Street
Kankakee, IL 60901
•
(815)933-0480
(815)933-0482
FAX
Claire A. Manning
Posegate &
lDenes,
P.C.
111
N. Sixth Street
•
Springfield, IL
62705
•
(217)522-6152
(217) 522-6184 FAX
Bradley P.
Halloran, Hearing Officer
illinois
Pollution Control
Board
James R.
Thompson Center, Suite 11-500
•
•
100 W. Randolph Street
Chicago, IL 60601
(312) 814-8917
(312) 814-3669 FAX
By faxing and by depositing a copy thereof, enclosed in an envelope in the United States Mail at
Rockford, Illinois, proper postageprepaid, before the hour of5:00 P.M., addressed as above.
•
HINSIIAW & CTJLBERTSON
100 Park Avenue
•
P.O.Box 1389
Rockford, Illinois 61105-1389
(815)
490-4900
7O3778S3v1 8271~7
HINSHAN
&
CULBERTSON
Fax:815—963—9989
Nov
7
2003
13:33
Th~
TIlE CIRCUIT COURT FOR TIlE TWBNTY-1~STJUDICIAL CIRCUIT
•
KA~A~EE
COUNTY, ILLTh~’OIS~
• •~•••~•••••
CI~.OF~
anillinois
municipal
)
•
•~••
co~Oratio~and
DONALD B.
G~BN,
•
:0,
individually and as Mayor ofthe City
of
Kankakee,)
•
0
•
0
)
PLAINTIFFS,
)
•
)
• ~0
vs.
)
)
•
‘
•
.
COUNTY
OP
K~NKAKEB,
DEFENDANT.
)•
).
).•
NO.
O2-~
L~bO
COMPLAINT FOR DECLARATORY AND
RJNCTIV~RELtEF
Now
corne th
1ainti~,
CITY OP
I~~cEE,
anIllinois municIpalcorporation, andDON~
•
•
E~
.GREEN, individually arid as Mayor ofthe City ofKankakee, by and
through C~IRISTOPKER
W.
13OHLBN, Corporation Counsel fOr the City of~ankakee,and complain ofthe defendant; COT~NTY
OP
0
•
.
KA
~AKEE, by alleging and stating
as follows:
0
•
0
0
~~OUNfl
0
•
0•
•
~1M
FORD~AP~ATORY
REL~E
•
•
~L
PART~
AN)
V~IQ~
•
0
0~
Theplaintiff; CITY
OF
KANKAKEE,is amunicipal corporation ofthe State
ofIllinois
and
is located
within
the County
of
Kankakee.
0~
0
•
2.
The plaintift’, DOI~ALD
P~.GREEN, is an individual~v1io
resides in the CityofKankakee
and has beenthe duly-elected Mayor ofthe City of Kankakee.
0
•
.
0
•~
000
0
3~
Th~
defendant; COUNTY O1~KANKAKEE,
is
a
muni~ipa1corporation.
boated in the
County ofKankakee and
is oRerated.
by a legislature consisting of a Board ofSupervisors arid, froiri th~.t
i
board, a duly-elected chairman oftheBoard ofSupervisors.
C00003
P.
23
HINSHPI~ &
CULBE~T5oN
Fax:815-963-9989
Nov
7
2003
13:33
P.24
0
-2-
•
0
0
0
4.
This
actiori for declaratory relief is brought pursuant to
735
JLCS
05/2~70lagainst
the
000
0
defendarit, County
of
Kankakee.
•
0
5.
The City ofKankakee, as a municipal
corporation,
is responsible
for the collection
and
•
•.
disposal ofsolid waste generated by the residents ofeach municipality.
6.
•
The Mayor ofthe City ofKankakee is required, pursuant
to applicable regulations of
the
Illinois Environmental Protection Act,
applicable
statutes ofthe State ofIllinois,
and other applicable
O
0
0
0
regulations,. to
assure that the
solid waste
collection system is
accomplished in
accordance with said
•
•
•
applicable rules andregulations, including meetingthe goals established by theCounty ofKankakee Solid
Waste Plaxiregardingthe elimination ofrecyclable materials from the collection and disposal ofthe solid
•
waste collected in said municipality.
0
‘0
•
•
7..
Donald B.
Green is also a resident ofthe City ofKax&akee and has an interest in assuring
•
•
•
that themi.inicipaiity is in compliance with all applicable ordinances and regulations and, as an individual
•
•
•
taxpayer and payor offees forthe servicesprovided, has a direct pecuniary interestin any funds available
•
for the purposes ofdefraying any ofsaid cOsts.
0
•
8.
For purposes of this
complaint,
the
defendant,
County of Kaukakee,
is
a
unit
of local
•
government as defined in the Local Solid Waste Disposal Act, in which a solid waste disposal facility is
O
0
locatedpursuant
to, the t~rinsof415 ILCS
5/22.15(j).
0
0
‘
9.
Pursuant to said statutory provisions, the County of Kankakee is authorizedto establish,
•
•
and has, in fact, established,
a, fee, tax or surchargewith regardto.th~
permanent disposal ofsolid waste
in the amomit of
$1.27
per ton effectiVe January I, 1992, and thereafter.
In addition, the County of
C00004
HINSHAN&
CUL~ERTSON
Fax:815—953—~939
Nov
7
2003
13:33
P.25
-3-
Kanl’zakee had, established a fee, tax
or
surcharge on the disposalofsolid waste in the amount
of$.95
prior
to January
1,
1992.
•
,
0
10.
Pursuant to said statutory provisions, the defendant, CountyofKankakee, was required as
follows;
The. fees, taxes or surcharges
collected under this
subsection (j)
shall be
O
0
0,
,
‘
placed by the unit
of
local government in. a ‘separate fund, and the interest
0
‘
received
on
the nionies in
the
fund shall be credited
to the fund.
The
•
0
•
monies
in the fund
may be
accumulated over
a period
of years
to
be
O
0
‘
•
‘
expended in accordancewith this subsection.
•
,
0
Purt.
er, pursuant to
said ~ubsection:
0
,
•
0
00
Thefundsreceivedare ~tobe utilized forsolid waste managementpurposes,
•
‘
including long-term
monitoring and maintenance of’landfills,
plarminig,
O
implementation, inspection, enforcement aridotheractivities consist~it
with
the Solid WasteManagementAct and the local Solid WasteDisposal Act.”
0
~
Based
upon
information arid
beie~
the County of Ka±~kakee
has
expended
said funds in
•
such a maimer that is in violation of’ theAct.
Specifically, the County ofKankakee has expended furids
to~
(a)
Reimburse thegeneral fundofKankakee County forexpenditures involved
0
in the litigation against the City of Kankakee in the amount currently in excess of One
Hundred Twenty Thousarid and No/i00 Dollars ($120,000.00);
0
(b)
Reimbursethe general fund ofKankakee County for expenditures made to
pay
for salaries
of
thePlanning Department
of
the CountyofKankakee and forwbichno
allocation
of
tImehasjustified
the reimbursemenl,ofsaid expenditures;
(c)
Pay for solid waste planning for which ~o planning has occurred;
(ci)
Loansaid funds
to
the defendant’s general fundwithoutrepayment ofsaid.
funds
from
thegeneral fund and withoutthe generation ofinterest as a result of said loan;
and
•
c00005’
HINSHA~~
CULBERTSON
Fax:~l5-~3-g989
0
Nov
7
2003
13:33
P.2~
—4-
0
•
(e)
In other
ways
has misused
and. misappropriated the funds
obtained
as
a
result ofsaid fees.
0
0
,
O
0
12.
The expenditures made herein by the County
of
Kankakee are not justified
and are in
0000.
.
~oiati~n
ofthe ~plicable
provisions ofthe Act and
are ~consIstent
with the purposes for which said
fundswere collected.
0
O
,
•
13..
The municipal corporation liereinhas applied with othermunicipal corporations to usesaid
fundsforpurposes ofrecycling and other projectsrelated to solid waste disposal.
However, SaId request
•
.
forreiinbursenieiat has generallybeen limited in amount or denied totally.
0
•
.
14.
.
The funds, if utilized in accordance with the Act,
wo’àld have been
and
can be used for
purposes ofassisting in reductionofthe amount ofsolid waste to be disposed of and/or for the planning
and
obtaining of
resources for the assistance of local municipalities,
including the plainti~City of
O
0
•
Kankakee, which are engaged in the actual collection and disposal ofsolid waste.
15.
An actualcontroversy exists in that said funds are cunently being used forreimbursement
of legal expenses related
tO the siting ofa landfil by Kankakee County, as well as in opposition to the
siting of a landfillby the City ofKankakee.
0
o
16.,’
Theuse ofsaid fundsfor any purposenot consistent with theAct’is in violation oftheAct,
•
and the Kankakee County ~oard
should be required to reimburse the funds to assure that the money is
‘:
available and used forpurposes consistent with the statutes previously cited herein.
0
‘
‘
0
•
,
~
REL~P~
17.
0
Tbeplaintiffshereinrequestthatthis Coup enterajud~en~
detennining.that the County’s
util.izatiou ofsaid funds, for all purposes other than those consistent withthe Act as it should be strictly
•
construed, be determinedto be improperand enter an order requiringthe County ofKankakee to reimburse
O
~
thefunds established pursuant to sa~.d
applicable statutory provisions forallmonies improperly expended.
‘0
0
.
.,
•.
0’
COOOOg
0,,
HINSHM/
&
CULaERTSON
Fax:815—9~3—s~
Nov
7
2003
13:33
P.27
0
0
5
0
WHEREFORE,
the
plaintiffs,
CITY OF KANKAKEE, an Illinois municipal
corporation,
and
DONALD
F.
GREEN,
individually
and
asMayorofthe
City
ofKankakee, requestthIs Court enteraorder
-
.,,
..
declanng the use of
said
funds by the defendant, COUNTY
OF KANKAKEB,
to be
improper and illegal
•
,
,
and,
further, to enter
a judgment
agaiust the
COUNTY
OF
KANKAKEE,
requixing
the
County to
•
reimburse said funds herein.
0
0
‘
0
0
0
,
•
COUNTU
0
0
~LAIMYOR
ThuuN,çjlVE
RELIEF
0
•
L_.~ARTrEs
AND
~
0
0
‘
1.
Theplaintiff,CI~OF
~
is amunicipalco~oration
oftheState ofilhinois and
is locatedwithinthe County ofKankakee.
0
,
•
0
2~
The plainti~
DONALD E
GREEN, is an individualwiio resides in the City ofKankákee
•
0
and has been the duly-elected Mayor ofthe City ofKankakee.
0
,
0
0
00’0~
0
•
3
The defendant,
COUNTY OF
KANKAKEE, is
a municipal
corporation located. in the
County ofKankalcee and is operated by a legislature consisting of aBoard ofSupervisors and, from that
O
board, a duly-elected chairman ofthe Board of Supervisors.
0
0
0
0~
0
,
4•
.
This
action for declaratory relief is brought pursuant
to
735
JLCS
5/2-701
against the
0
.
‘defendant, County ofKankakee.’
.
0
0
,
0
5.
The
City of
Kankakee, as a municip& corporation, is responsible for the collection and
o
disposal of solid waste
generatedby the residents ofeach municipality.
•
6.
The,Mayorofthe City ofKatikakee is required, pur~uant
to
applicable regulationsofth~
fllij~j~
Environmental
Protection
Act,
applicable statutes
of the Skate ofIllinois,
and
other
applicable
regulations, to assure that the solid, waste collection system is accothplishedin accordance with said
COOOO~?
HINSHAN
&
CULBERISON
Fax:616-953--9~g~
Nov
7
2003
13:33
P.
2B
-6-
0
‘
applicable
rules andregulations, including meetingthegoals
establishedby
the County ofKankakeeSolid
Waste
Planregarding the
elimInation
oftecyclable
materials from
thecollection
and disp’osaI
of
the
solid
waste, collected in said municipality.
•
.
7.
Donald E.
Green
is also aresident oftheCityof
Kankakee and has an interest in assuring
that the municipality is in compliance
with
all
applicable
ordinances and regulations and, as an individual
ta~ayerand payor offees forthe se~c~s
provided, has a direct pecuniary interest in any finds available
for the puiposes ofdefraying any ofsaid costs.
0
0
O
,
S.
For purposes
of this
complaint, the
defendant,
County of Kankakee,
is
a
unit of local
•..govern.ent
as defined in the Local Solid Waste Disposal Act, in which a solid waste disposal facility
is
-
‘
located pursuant to the terms of4t5
ILCS
5122.15(j).
9.
Pursuant to said statutoxy provisions, the Co-untyofKthtkakee is authoiized to establish,
•
arid has,
in fact, established, a fee, tax or surcharge with regardto thepermanent disposal ofsolid waste
in
the amount
of $1.27 per ton effective Janua~1,
1992,
and therea~er.~
addition, the County of
-,
,
Kanicakee had established a feetax orsurcharge on the disposal ofsolid waste in the amount of
$.95
prior
to
Ianuary
1,
1992.
10.
Pursuant to
said statutory provisions, the defendant, County ofKankakee, was required as
follows:
0
0
O
The
fees, taxes or sircharges
collected under this
subsection (j)
shall be
‘
0
placed by the unit oflocal government in a separate fund, and the interest
•
0
receiv’ed
on
the monies in the fund shall be
credited to the fund.
The
monies in the fund may be
accumulated
over
a period
&f years
to
be
•
,
•
•0
.
e~ended
in accor~nce
with this subsection.
Further, pursuant to said.
subsection:
0
0
0
0
Thefunds.received are“tobe utilized forsolidwastexuanagetneritpurposes,
0
0
including
long-terra monitoring and maintenance
of landfills, planning,
implementation, inspection, enforceme~at
aridotheractivities consistentwith
the Solid WasteManagement Act and the local Solid WasteDisposal Act.”
~‘.
‘.~.
s.’.:
‘
~
5,”
‘~‘ ~
•
o:..~’’. •
,,‘
‘:“.~‘~
~‘:.:,:.:.:~
~
0,00,,,,:
H~NSHA~’
&
CUL~ERTSON
Fax:B15—3—~939
Nov
7
20Q3
13:34
P.2w
-7-
11.
Based upon
information and belief,
the
County
of
Kankakee
has’ expended
said funds in
such a mariner- that is in violation ofthe Act.
Specifically, the County
of
Kankakee
has expended
funds
to:
(a)
Reimbursethe general
fundofKankakee County
for
expenditures involved
in the Litigation against
the City of
Kankakee
in
the amount currently’ in
excess of One
O
0
Hundred Twenty Thousand and
No/i 00
Dollars
($120,000. 00);
(b)
Reimburse the general fluid
of
KankakeeCounty for expenditures
made to
pay fçr salaries ofthe PlanningDepartment ofthe County
of
Kankakee a~d
for which no
allocation oftime has justified thereimbursement of said expenditures;
(c)
,
Pay for solid waste planning for which no planning has occurred;
(d)
~,
Loan said fluids to the defendant’s general fundwithoutrepaymentof said
funds from the general fund arid without the generationofinterest as a result ofsaid loan;
•
and
(e)
In other ways has misused and misappropriated the
furids obtained as a
result of said fees.
.
•
.
.12.
The e~pendithresmade herein by the County
of
Karikakee are not justified and are in
violation. ofthe applicable provisions of the Act and are inconsistent with the puzposes for which said
O
furids were
collected.
,0
0
13.
The
municipal corporatioxaherein hasappliedwith othermunicipal corporations to use said
ftmds for purposes ofrecyclingand otherprojects relatedto solid waste disposal.
However, said request
for reimbursementhas generally beenlimited
in. amount or denied totally.
‘
0
14,
The funds, if utilized in. accordance with the Act, would have been and can be used for
purposes ofassisting in reduction of the amount ofsolid waste to be disposed of and/or for the planning
H1NSHA~& CVL~ERTSON
Fa~:&1S—963—99@9
Nov
7
2003
13:34
P.30
O
0
.
—8-
and
cbtaining
ofresources
for
the
assistance
of local
municipalities,
including
the plaintiff, City of
Kankake; which are
engaged in
the aôtual
collection
and disposal
ofsolid waste.
15.
An actualcontroversy
exists in
that
said
funds arecurrently being
used for
reimbursement
of
legal
expenses
related to the
siting
ofa
landñll
by
Kankakee County, as
well as in opposition to the
siting
ofa landfill by
th~
City of
Kankakee.
16.
The useof
said
fundsfor any purpose riot consistent with the Act is in violation oftheAct,
and the Karikakee
County Board should be required to reimburse
the
funds
to
assure
that the rnone.y
is
O
•
available
and used.forpurposes consistent with the statutes previously cited herein.
17.
The
plaintiffbring
this
cause
ofaction
for
an ir~juxictionseeking to enjoin the defendant
from any further misappropriate,
misuse or improper
expenditure
of the
funds described in
said
section.
18.
•
Theplaintiffs have no remedyat law in that if said injunction is not entered, the County
of
Kankakeewill continue to use said funds improperly in the future, as they have done so up
to ‘this point
intime.
‘
IlL
RELIEF RBOIJBSThD
-
-
19.
The plaintiffs request
this
Court
to
grant
them
injunctive,
relief against the defendant,
enjoining
the defendant
from improper expenditure
of
funds.
‘
O
‘
WHERBFORB, the plaintiffs,
CITY
OF
KANX.AKEE,
an th±uoismunicipal corporation,
and
DONALD B.
GREEN, individually and as Mayor ofthe City ofKaiilcakee,
request
this
court:
O
A.
Enter ajudginent declaring that the expenditure offuiids by the defendant,
COUNTY OF
KA:NKAKEE, has been and is illegal and improper;
•
B.
Issue an. injunctionprohibiting the defendant,
COUNTY OF KANKAKEE, from further
expending said funds in an illegal and improper manner;
‘
.
C000iO
HJNSHM~ &
CUL~EJ~T30N
Fa~:~15—963—998~
Nov
7
2003
13:34
P. 31
-9-
0
•
-‘
C.
Award
the
plaintiffs the cost ofthis
action;
and
‘
0
D.
-
Awardthe
plaintiffs any
other
and furtherrelief as itconsiders proper.
Respectfully submitted,
CITY OF KANKAXBE,
an Illinois municipal
0
‘
corporation~
and DONALD B.
GREEN,
0
,
individually
and as Mayorofthe City ofKankakee,
0
___
Chnstopher
W
Bohien
•
‘
‘
Corporation Counsel
STATh
OF
iLLINOIS
COU1~?TY
OF
KANKAKEE
0
‘
0
•
DONALD B.
GREEN, being first
duly
sworn and under
oath, deposes
and
states that
lie
is One of
the plaintiffs
in
the above-entitled cause, that he is the Mayor of City
of
Kankakee,
that he has read the
O
0
above
and
foregoing
Cpmplaint
for
Declaratory
and. Injunctive Relief,
and
that the
contents
therein
contained are true and. correct to the best ofhis
O
Subscribed and
sworn to before me
•
0
••.,:‘tbjs ~22
-
day’ofJ~4Pi.~L~,
2002.
~
1
~
L’.~—
‘
~‘0FFIC~AL
N
t
P
bi
0
Tarnac.a
~y
P~r~ofl~
0
ary
U
ic
0
‘
~
•
0
Cfl~JSTOPHERW.
BOEILEN
0
Reg.
No.
00244945
Corporation Coi.uisel
City
of
Kankakeee
385
East Oak Street
O
Kankakee, IL 60901
O
(815) 933-0500
cooo11-
