OF THE

STATE OF ILLINOIS

SUTTER SANITATION,

INC.

and

LAVONNE HAKER,

V.

Petitioners,

ILLINOIS ENVIRONMENTAL

PROTECTION AGENCY,

Dorothy M. Gunn, Clerk

Illinois Pollution Control Board

James R. Thompson Center

100 West Randolph Street

Suite 11-500

Chicago, IL 60601

Respondent.

)

)

)

)

)

)

)

NOTICE

PCB No.

04-187

(Permit Appeal)

Carol Sudman, Hearing Officer

Illinois Pollution Control Board

1021 North GrandAvenue, East

P.O. Box 19274

Springfield, IL

62794-9274

CLERK’S OFFICE

JUN

C 42004

STATE OF

ILLINOIS

Pollution Control Board

Charles J. Northrup

Sorling, Northrup, Hanna

Cullen & Cochran, Ltd.

Suite 800 Illinois Building

P.O. Box 5131

Springfield, IL

62705

PLEASE TAKE NOTICE

that I have today filed

with

the office of the

Clerk

of the

Pollution

Control Board a MOTION FOR ORDER OF PROTECTION AND PRIVILEGE LOG, copies of which

are herewith served upon you.

Respectfully submitted,

ILLINOIS ENVIRONMENTAL PROTECTION AGENCY,

JohxiJ. Kim

Assistant Counsel

Special Assistant Attorney General

Division of Legal Counsel

1021 North Grand Avenue, East

P.O. Box 19276

Springfield, Illinois 62794-9276

217/782-5544

217/782-9143

(TDD)

Dated: June 3, 2004

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RE

CE

fl V

ED

CLERK’S OFFICE

BEFORE THE POLLUTION CONTROL

BOARD

JUN

Ii

42004

OF THE STATE OF ILLINOIS

STATE

OF

LLLINOIS

Pollution Control Board

SUTTER SANITATION, iNC.

and

)

LAVONNE HAKER,

)

Petitioners,

)

v.

)

PCB No. 04-187

ILLiNOIS ENVIRONMENTAL

)

(Permit Appeal)

PROTECTION AGENCY,

)

Respondent.

)

MOTION FOR ORDER OF PROTECTION

AND PRIVILEGE

LOG

NOW COMES

the Respondent,

the Illinois

Environmental

Protection Agency (“Illinois

EPA”), by one of its

attorneys, John J. Kim, Assistant

Counsel

and

Special Assistant Attorney

General,

and

hereby

presents

the

Hearing

Officer

with

the

following

motion

for

order

of

protection

for documents from

disclosure

and

accompanying privilege log.

In support

of this

motion fororder ofprotection, the Illinois EPA provides as follows.

1.

The

documents

listed

in

the

privilege

log

are

all

communications

between in-

house attorneys representing the Illinois EPA and the Manager of the Illinois

EPA’s Bureau of

LandPermit Section (“Manager”) and a permit reviewer employed by the Illinois EPA.

2.

As

such,

the

documents

are

attorney-client

privileged

communications

and

attorney work product

prepared in

anticipation of litigation.

The

documents

have not

been

disseminated to the general public

and were

generated as part of the internal review process of

the Illinois EPA.

Specifically, the documents represent legal counsel provided to the Manager

3.

For these reasons, the Illinois EPA seeks an order of protection from the Hearing

Officer, deeming that the documents be withheld from disclosure.

4.

Privilege

Log

(documents listed

below are provided only to

Hearing Officer for

in-camera review):

1

---

Document description

Justification forprotection from disclosure

1/6/04 memorandum

3/25/04

memorandum.

Legal

memorandum

from

Kyle

Davis

to

Joyce

Munie of

Illinois

EPA’s permit section.

Contains legal

interpretation

of statute(s) relevant to review of permit

application that

is

the

subject of the present appeal.

Memorandum

is

pages

108 through

112 ofAdministrative Record (“AR”).

Legal

memorandum

from

John

Kim

to

Joyce

Munie

and

Sallie

Springer.

Contains

legal

interpretation of statue(s)

relevant to review ofpermit application that is the subject of

the present appeal.

Memorandum is pages

116 through

122

ofAR.

5.

For the reasons

stated

herein, the

Illinois

EPA hereby respectfully requests

that

the Hearing Officer enter an order ofprotection, preventing the above-described documents from

disclosure through discovery in the present appeal.

ILLINOIS ENVIRONMENTAL PROTECTION AGENCY,

Assi~tant

Counsel

Special Assistant Attorney General

Division ofLegal

Counsel

1021 North Grand Avenue, East

P.O. Box

19276

Springfield, Illinois 62794-9276

217/782-5544

217/782-9143 (TDD)

Dated:

June 3, 2004

This filing

submitted on recycled paper.

2

---

CERTIFICATE OF SERVICE

I, the undersigned attorney at law, hereby certify that on June 3, 2004,

,

I served tru~and

correct

copies of a

MOTION FOR

ORDER

OF

PROTECTION

AND

PRIVILEGE

LOG, by

placing

true

and

correct

copies

in properly sealed

and

addressed

envelopes and

by

depositing

said sealed envelopes in a U.S. mail drop box located within Springfield,

Illinois, with sufficient

First Class Mail postage affixed thereto, upon the following named persons:

Dorothy M. Gunn, Clerk

Carol Sudman, Hearing Officer

Illinois Pollution Control Board

Illinois Pollution Control Board

James R. Thompson Center

1021 North Grand Avenue, East

100 West Randolph Street

P.O. Box 19274

Suite 11-500

Springfield,

IL

62794-9274

Chicago, IL 60601

Charles J. Northrup

Sorling, Northrup, Haima

Cullen & Cochran, Ltd.

Suite 800 Illinois

Building

P.O. Box 5131

Springfield, IL

62705

ILLINOIS ENVIRONMENTAL PROTECTION AGENCY,

Assistant Counsel

Special Assistant Attorney General

Division ofLegal Counsel

1021 North Grand Avenue, East

P.O. Box

19276

Springfield, Illinois 62794-9276

217/782-5544

217/782-9143 (TDD)