ILLINOIS POLLUTION CONTROL BOARD
November 20, 2007
ROCHELLE WASTE DISPOSAL, L.L.C.,
)
)
Petitioner,
)
)
v.
) PCB 07-113
)
(Pollution Control Facility
THE CITY OF ROCHELLE, an Illinois
)
Siting Appeal)
Municipal corporation, and THE ROCHELLE )
CITY COUNCIL,
)
)
)
Respondents.
)
HEARING OFFICER ORDER
On November 14 and 15, 2007, all parties participated in a telephonic status conference
with the hearing officer. Discussion centered on the petitioner’s request to file a motion for
leave to file a motion for summary judgment and a motion for summary judgment. Petitioner’s
request for leave to file a motion for summary judgment was denied. I informed the parties that
the language in Section 101.516 of the Board’s procedural rules does not allow me to grant
petitioner’s anticipated motion for leave to file a motion for summary judgment where a hearing
in this matter has been held. The hearing was held on July 16, 2007. The petitioner represented
that it intends to file a motion for leave to file a motion for summary judgment directed to the
Board and a motion for summary judgment with the Board.
Further discussion included a request to revise the existing briefing schedule. It was
agreed that respondents’ opening brief and the amicus brief is now due to be filed on or before
December 10, 2007. Petitioner’s reply, if any, is now due to be filed on or before December 17,
2007. The mailbox rule will not apply to petitioner’s reply brief.
IT IS SO ORDERED.
3
Bradley P. Halloran
Hearing Officer
Illinois Pollution Control Board
James R. Thompson Center, Suite 11-500
100 W. Randolph Street
Chicago, Illinois 60601
312.814.8917
3
CERTIFICATE OF SERVICE
It is hereby certified that true copies of the foregoing order were mailed, first
class, on November 20, 2007 to each of the persons on the attached service list.
It is hereby certified that a true copy of the foregoing order was hand delivered to
the following on November 20, 2007:
John T. Therriault
Illinois Pollution Control Board
James R. Thompson Center
100 W. Randolph St., Ste. 11-500
Chicago, Illinois 60601
Bradley P. Halloran
Hearing Officer
Illinois Pollution Control Board
James R. Thompson Center
100 West Randolph Street, Suite 11-500
Chicago, Illinois 60601
312.814.8917
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8
PCB 2007-11
Donald J. Mora
Pedersen & Hou
161 North Clark Stre
Suite 310
Chicago, IL 60601-322
PCB 2007-113
Charles F. Helsten
Hinshaw & Culbertson
100 Park Avenue
P.O. Box 1389
Rockford, IL 61105-1389
PCB 2007-11
David L. Wentworth
Hasselberg, Williams, Grebe, Snodgrass
Birdsa
125 SW Adams, Suite 36
Peoria, IL 61602-132
PCB 2007-113
Emily Vivian
Hasselberg, Williams, Grebe, Snodgrass &
Birdsall
125 SW Adams, Suite 360
Peoria, IL 61602-1320
PCB 2007-11
Bruce McKinne
City of Rochel
420 N. 6th Stre
P. O. Box 60
Rochelle, IL 6106
PCB 2007-113
Alan Cooper, Rochelle City Attorney
233 E. Route 38, Suite 202
P. O. Box 194
Rochelle, IL 61068
