ILLINOIS POLLUTION CONTROL BOARD
    December 6, 2007
    ROCHELLE WASTE DISPOSAL, L.L.C.,
    Petitioner,
    v.
    THE CITY OF ROCHELLE, an Illinois
    municipal corporation, and THE ROCHELLE
    CITY COUNCIL,
    Respondents.
    )
    )
    )
    )
    )
    )
    )
    )
    )
    )
    )
    PCB 07-113
    (Third-Party Pollution Control Facility
    Siting Appeal)
    ORDER OF THE BOARD (by A.S. Moore):
    On November 20, 2007, Rochelle Waste Disposal, L.L.C. (RWD) filed a motion for
    leave to file its motion for partial summary judgment (Mot.). RWD states that “Respondent City
    of Rochelle, the only other party participating in this Review, has no objection to the Motion for
    Leave to file a Motion for Partial Summary Judgment. . . .” Mot. at 2. On November 21, 2007,
    RWD filed a supplement to its motion for leave. On November 27, 2007, the Rochelle City
    Council filed a response to RWD’s motion for leave (Council Resp.). The Rochelle City Council
    indicates that it “has no objection” to RWD’s motion, the supplement, or the filing deadlines
    proposed in the motion. Council Resp. at 1. On November 29, 2007, the City of Rochelle also
    filed a response to RWD’s motion for leave (City Resp.). The City of Rochelle states that it “has
    no objection” to RWD’s motion or to the deadlines proposed in it. City Resp. at 1.
    The Board notes that Black’s Law Dictionary defines “summary judgment” as a
    “[p]rocedural device available for prompt and expeditious disposition of controversy
    without
    trial
    . . . . “ B
    LACK’S LAW DICTIONARY 1435 (6th ed. 1990) (emphasis added). The Board
    further notes that its procedural rules provide that, “[a]ny time after the opposing party has
    appeared (or after the expiration of time within which any party is required to appear),
    but no
    fewer than 30 days prior to the regularly scheduled Board meeting before the noticed hearing
    date
    , a party may move the Board for summary judgment for all or any part of the relief sought.”
    35 Ill. Adm. Code 101.516(a) (emphasis added).
    The hearing in this matter took place on July 16, 2007. As RWD’s motion and
    supplement cite no authority for entry of summary judgment more than four months after
    hearing, the motion for leave to file is denied. Pursuant to the hearing officer order issued
    November 20, 2007, respondents’ briefs and any
    amicus
    brief are due to be filed on or before
    December 10, 2007, and petitioner’s reply brief, if any, is due to be filed on or before December
    17, 2007. Also pursuant to that order, the mailbox rule will not apply to the filing of petitioner’s
    reply.
    See
    35 Ill. Adm. Code 101.300(b)(2). Unless the Board receives an additional waiver of
    the statutory decision deadline, the Board will proceed to issue its final opinion and order on or
    before that deadline, which is now January 24, 2008.
    See
    35 Ill. Adm. Code 101.308, 107.504.
    2
    IT IS SO ORDERED.
    I, John T. Therriault, Assistant Clerk of the Illinois Pollution Control Board, certify that
    the Board adopted the above order on December 6, 2007, by a vote of 4-0.
    ___________________________________
    John T. Therriault, Assistant Clerk
    Illinois Pollution Control Board

    Back to top