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ILLINOIS POLLUTION CONTROL BOARD
February 18, 2009
WASTE MANAGEMENT OF ILLINOIS,
INC., AND KENDALL LAND AND
CATTLE, LLC,
Petitioners,
v.
COUNTY BOARD OF KENDALL COUNTY,
Respondent.
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PCB 09-43
(Pollution Control Facility
Siting Appeal)
HEARING OFFICER ORDER
On February 13, 2009, the respondent filed a motion for an extension of time
(Mot.) to file the record in the above-captioned matter. The record in this matter was
originally due to be filed on January 28, 2009. On January 22, 2009, the respondent made
an oral motion for an extension of time to file the record, to and including February 13,
2009. That motion was granted without objection. Due to the voluminous nature of the
record, the respondent requests a second extension of time in its instant motion. In the
body of the motion, the respondent requests that it be given until February 24, 2009, to
file the certified record (Mot. at 2). In its prayer for relief, it requests that it be given until
February 20, 2009, to file the certified record (Mot. at 2).
The petitioners has not filed its response, however, their response is not due to be
filed until on or about February 27, 2009.
The Board’s procedural rules provide that a motion may be addressed prior to the
response due date if no material prejudice would result. Section 101.500 (d).
To that end, and finding no material prejudice, the respondent’s motion is granted
and the record must now be filed on or before February 24, 2009.
The parties or their legal representatives are directed to appear at a telephonic
status conference with the hearing officer on February 26, 2009, at 2:00 p.m. The
telephonic conference must be initiated by the petitioners, but each party is nonetheless
responsible for its own appearance. At the conference the parties must be prepared to
discuss the status of the above-captioned matter and their readiness for hearing.
IT IS SO ORDERED.
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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
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CERTIFICATE OF SERVICE
It is hereby certified that true copies of the foregoing order were mailed, first
class, on February 18, 2009, 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 February 18, 2009:
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
PCB 2009-043
Donald J. Moran
Pedersen & Houpt
161 North Clark Street
Suite 3100
Chicago, IL 60601-3224
PCB 2009-043
James S. Harkness
Momkus McCluskey, LLC
1001 Warrenville Road
Suite 500
Lisle, IL 60532
PCB 2009-043
Eric C. Weis
Kendall County State's Attorney
Kendall County Courthouse
807 John Street
Yorkville, IL 60560
PCB 2009-043
c/o Ms Rennetta Mickelson
Kendall County Clerk
111 Fox Street
Yorkville, IL 60560
PCB 2009-043
James F. McCluskey
Momkus McCluskey, LLC
1001 Warrenville Road
Suite 500
Lisle, IL 60532
