BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
ROCHELLE WASTE DISPOSAL, L.L.C., )
)
Petitioner,
)
)
v.
)
)
PCB 07-113
THE CITY OF ROCHELLE, an Illinois
)
(Third-Party Pollution Control Facility
municipal corporation, and THE
)
Siting Appeal)
ROCHELLE CITY COUNCIL,
)
)
Respondents.
)
NOTICE OF FILING
TO:
See Attached Service List
PLEASE TAKE NOTICE THAT
on the 5th day of July, 2007, Emily R. Vivian, one of
the attorneys for Petitioner, CONCERNED CITIZENS OF OGLE COUNTY, filed a Motion for
Leave to File an Amicus Curiae Brief, via electronic filing as authorized by the Clerk of the
Illinois Pollution Control Board.
Respectfully submitted,
CONCERNED CITIZENS OF OGLE
COUNTY
By: /s/
???????????????
One of Its Attorneys
David L. Wentworth II
Emily R. Vivian
Hasselberg, Williams, Grebe,
Snodgrass & Birdsall
124 SW Adams, Suite 360
Peoria, IL 61602
Telephone: (309) 637-1400
Facsimile: (309) 637-1500
2
STATE OF ILLINOIS
)
)
SS
COUNTY OF PEORIA
)
CERTIFICATE OF SERVICE
The undersigned hereby certifies that a copy of the Motion for Leave to File an Amicus
Curiae Brief was served upon the following persons via email and regular mail on the 5
th
day of
July, 2007, before 5:00 p.m., with all fees thereon fully prepaid and addressed as follows:
Mr. Bradley P. Halloran, Hearing Officer
Illinois Pollution Control Board
James R. Thompson Center
100 W. Randolph, Suite 11-500
Chicago, IL 60601
Mr. Charles F. Helsten
Hinshaw & Culbertson
100 Park Avenue
Rockford, IL 61101
halloranb@ipcb.state.il.us
chelsten@hinshawlaw.com
Mr. Donald J. Moran
Pedersen & Houpt
161 North Clark Street
Suite 3100
Chicago, IL 60601
dmoran@pedersenhoupt.com cooplaw
Mr. Alan Cooper
City Attorney
233 East Route 38, Suite 202
P.O. Box 194
Rochelle, IL 61068
cooplaw@rochelle.net
/s/
???????????????
Emily R. Vivian
David L. Wentworth II
Emily R. Vivian
Hasselberg, Williams, Grebe,
Snodgrass & Birdsall
124 SW Adams, Suite 360
Peoria, IL 61602
Telephone: (309) 637-1400
Facsimile: (309) 637-1500
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
ROCHELLE WASTE DISPOSAL, L.L.C., )
)
Petitioner,
)
)
v.
)
)
PCB 07-113
THE CITY OF ROCHELLE, an Illinois
)
(Third-Party Pollution Control Facility
municipal corporation, and THE
)
Siting Appeal)
ROCHELLE CITY COUNCIL,
)
)
Respondents.
)
MOTION FOR LEAVE TO FILE AN
AMICUS CURIAE BRIEF
NOW COMES Concerned Citizens of Ogle County (“CCOC”), by and through its
attorneys, David L. Wentworth II and Emily R. Vivian of Hasselberg, Williams, Grebe,
Snodgrass & Birdsall, and for its Motion for Leave to File an
Amicus Curiae Brief,
state and
allege as follows:
1.
That, pursuant to Section 101.110(c), and in accordance with Section 101.628(c)
of the General Rules of the Illinois Pollution Control Board (35 Ill. Adm. Code, Part 101), 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.
2.
That CCOC is an interested party as set forth in Section 101.628(c) of the Board
Rules, and, accordingly, permission should be granted allowing CCOC to file an
Amicus Curiae
Brief
.
3.
CCOC participated actively in the local pollution control facility siting public
hearings before the City Council of the City of Rochelle (the “City Council”) which are the
subject of the Petition to Review filed by Rochelle Waste Disposal, L.L.C. in the instant case.
CCOC was the only objector at said proceedings represented by legal counsel; CCOC cross-
examined witnesses; CCOC presented affirmative expert evidence in opposition to the
application for siting approval; and CCOC filed a detailed report with the City Council.
4.
That CCOC is a voluntary unincorporated association of citizens in the
community of Ogle County, and it would be adversely affected by a decision reversing the
correct finding of the City Council.
5.
That participation of CCOC in filing a brief would not materially delay these
proceedings, and that this motion is expeditiously brought well in advance of the time for filing
any post-hearing briefs.
6.
That CCOC contemplates filing its
Amicus Curiae Brief
at the same time the
Hearing Officer orders the Respondents to file their post-hearing briefs.
7.
That on May 16, 2007, CCOC filed a Petition for Review with the Board,
alleging, in part, fundamental unfairness in the granting of local siting authority by the City
Council.
8.
On June 7, 2007, the Board accepted the Petition for Review and consolidated the
matter with Rochelle Waste Disposal, L.L.C.’s case, PCB 07-113, seeking to have conditions
stripped from the approval.
9.
That on June 18, 2007, CCOC issued written discovery to the City Council.
10.
That on June 28, 2007, CCOC received the City Council’s responses to its
discovery requests.
11.
That although there were indications of fundamental unfairness during the hearing
process, after receiving the responses to written discovery, CCOC did not find anything to
substantiate such indications.
12.
That on July 5, 2007, CCOC filed a Motion to Withdraw Petitioner’s Petition for
Review.
13.
That if CCOC’s Motion to Withdraw Petitioner’s Petition for Review is granted,
CCOC will lose its party status and will be unable to participate as a party in PCB 07-113.
14.
That because of CCOC’s active participation in the local siting proceedings,
CCOC has developed factual bases for the imposition of the various conditions at issue in PCB
07-113.
WHEREFORE, Concerned Citizens of Ogle County respectfully prays that the Illinois
Pollution Control Board grant its Motion, thereby giving CCOC permission to file an
Amicus
Curiae Brief
in this matter subject to the briefing schedule established by the Hearing Officer
pursuant to Section 101.610(k).
Respectfully submitted,
CONCERNED CITIZENS OF OGLE
COUNTY
By:/s/
??????????????
One of Its Attorneys
David L. Wentworth II
Emily R. Vivian
Hasselberg, Williams, Grebe,
Snodgrass & Birdsall
124 SW Adams Street, Suite 360
Peoria, IL 61602-1320
Telephone: (309) 637-1400
Facsimile: (309) 637-1500
W:\DLW\Land Use-Zoning\Ogle\IPCB Appeal\Motion for Amicus Brief.doc