ILLINOIS POLLUTION CONTROL BOARD
July 12, 2007
ROCHELLE WASTE DISPOSAL, L.L.C.,
Petitioner,
v.
THE CITY OF ROCHELLE, an Illinois
municipal corporation, and THE ROCHELLE
CITY COUNCIL,
Respondents.
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PCB 07-113
(Third-Party Pollution Control Facility
Siting Appeal)
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CONCERNED CITIZENS OF OGLE
COUNTY,
Petitioner,
v.
THE CITY OF ROCHELLE, THE CITY
COUNCIL OF THE CITY OF ROCHELLE,
and ROCHELLE WASTE DISPOSAL, L.L.C.,
Respondents.
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PCB 07-116
(Third-Party Pollution Control Facility
Siting Appeal)
ORDER OF THE BOARD (by A.S. Moore):
On July 5, 2007, the Board received from Concerned Citizens of Ogle County (CCOC)
two motions: a motion to withdraw petitioner’s petition for review (Mot. Withdraw) and a
motion for leave to file an
amicus curiae
(Mot. File). For the reasons stated below, the Board
grants both motions.
MOTION TO WITHDRAW PETITIONER’S PETITION FOR REVIEW
CCOC states that, on May 16, 2007, it filed with the Board a petition for review of the
April 11, 2007 decision by the City Council of the City of Rochelle (City Council) to grant with
conditions the City of Rochelle’s application to expand the Rochelle Municipal Landfill. Mot.
Withdraw at 1-2. CCOC further states that the City on June 28, 2007, responded to CCOC’s
requests for discovery.
Id
. at 2. CCOC has concluded that those responses do not support the
claim that the hearing process before the Rochelle City Council was fundamentally unfair.
Id
.
Accordingly, “CCOC seeks to withdraw its Petition for Review in PCB 07-116.”
Id
.
2
The Board grants CCOC’s motion to withdraw its petition, dismisses PCB 07-116, and
closes that docket. Consequently, PCB 07-116 will no longer appear in the caption of this
proceeding.
MOTION FOR LEAVE TO FILE
AMICUS CURIAE
BRIEF
In its motion for leave to file, CCOC states that “an
Amicus Curiae Brief
can be filed in
any adjudicatory proceeding by an interested person, provided permission is granted by the
Board, and that the filing will not delay the decision-making of the Board.” Mot. File at 1, citing
35 Ill. Adm. Code 101.110(c), 101.628(c). CCOC argues that it has demonstrated its interest in
siting this proposed pollution control facility by obtaining counsel for the local siting hearing and
cross-examining witnesses, presenting evidence, and offering a report to the City Council.
Id
. at
1-2. CCOC further argues that its participation “has developed factual bases for the imposition
of the various conditions at issue in PCB 07-113” (
Id
. at 3) and that “it would be adversely
affected by a decision reversing the correct finding of the [Rochelle] City Council (
Id
. at 2).”
CCOC claims that, if it filed an
amicus curiae
brief, it would not materially delay the
proceedings.
Id
. at 2. CCOC states that it “contemplates filing its
Amicus Curiae Brief
at the
same time the Hearing Officer orders the Respondents to file their post-hearing briefs.”
Id
.
The Board grants CCOC’s motion for leave to file an
amicus curiae
brief. Any brief
filed by CCOC must consist only of argument, must not raise facts that are not in evidence, and
must not delay the Board’s decision-making.
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 July 12, 2007, by a vote of 4-0.
___________________________________
John T. Therriault, Assistant Clerk
Illinois Pollution Control Board
