BEFORE
THE
ILLINOIS
POLLUTION
CONTROL
BOARD
CLERK’S
OFF,P
)
$TITE
OF
ILLINOIS
LI
Ion
Control
Board
Petitioner
)
PCB
09-43
)
(Pollution
Control
Facility
Siting
Appeal)
TO:
See
attached
service
list.
)
)
)
)
NOTICE
OF FILING
PLEASE
TAKE
NOTICE
that
on
this
6th
Illinois
Pollution
Control
Board, this
Notice
of
F
the
Village
of
Minooka
and
to
add
the
Village
Dated:
February
6,
2009
Law Offices
of
Daniel
J.
Kramer
1
107A
South
Bridge
St.
Yorkville,
Illinois
60560
Phone:
(630)
553-9500
Facsimile:
(630) 553-5764
CERTIFICATE
OF
SERVICE
I,
Daniel
J.
Kramer,
on
oath
state
that
I
served
this
Notice
of
Filing
and above
referenced
document
on
the
persons
and
at
their
addresses
as
identified
on
the
service
list,
by
depositing
the
documents,
postage
pre-paid,
into
the
U.S.
Mail
Depository
located
at
Yorkville,
Illinois
this
6th
day
of
February,
2009.
as
provided
byjwisuant
to
Ill.
10,
Sect.
1-
I
certify
that
the
forth
hjVare
true
and
correct.
WASTE
MANAGEMENT
OF
ILLINOIS,
[NC.
and KENDALL
LAND
AND
CATTLE,
LLC
)
)
vs
COUNTY
BOARD
OF
KENDALL
COUNTY
I filed with
the
Clerk
of
the
Brief
for
Special
Attorney
Under
penal
Rev.
Stat.,
statem
SERVICE
LIST
Donald
J.
Moran
Attorney
Eric
C.
Weis
Pederson
&
Houpt
Kendall
County
State’s
Attorney
161
N.
Clark
St.,
Ste.
3100
Kendall
County
Courthouse
Chicago,
IL
60601-3224
807
John
St.
312-261-2149
Yorkville,IL
60560
312-261-1149
-
fax
630-553-4157
630-553-4204
—
fax
Ms.
Rennetta
Mickelson
James
F.
McCluskey
Kendall
County
Clerk
James
S.
Harkness
111
Fox
St.
Momkus,
McCluskey,
LLC
Yorkville,
IL
60560
1001
Warrenville
Rd.,
Ste.
500
Lisle,
IL
60532
630-434-0400
630-434-0444
-
fax
Bradley
P.
Halloran
John
T.
Therriautl
Hearing
Officer
Illinois
Pollution
Control
Board
Illinois
Pollution
Control
Board
James
R.
Thompson
Center
James
R.
Thompson
Center,
Ste.
11-500
100
W.
Randolph
Street,
Ste.
11-500
100
W.
Randolph
Street
Chicago,
IL
60601
Phone:312-814-8917
BEFORE
THE
ILLINOIS
POLLUTION
CONTROL
BOARD
‘S
OFFICE
FEB
139
20
WASTE
MANAGEMENT
OF
ILLiNOIS,
)
[NC.
and
KENDALL
LAND
AND
)
STATE
OF
ILLINOIS
CATTLE,
LLC
)
Olluttori
Control
Board
)
Petitioner
)
PCB
09-43
)
(Pollution
Control
Facility
Siting
Appeal)
vs
)
)
COUNTY
BOARD
OF
KENDALL
)
COUNTY
)
MOTION
FOR
LEAVE
TO
FILE
AMICUS
BRIEF
NOW
COMES
the
Village
of
Minooka,
Kendall
County,
Illinois,
for
its
Motion
for
Leave
to
File
an
Amicus
Brief
pursuant
to
35
111.
Adm.
Code
101.110(c)
and
as
provided
by
law
and
add
the
Village
of
Minooka
to
the
Service
List
states
and
alleges
as
follows:
1)
That
on
or
around
June
3,
2008
Waste
Management
of
Illinois,
Inc.
and
Kendall
Land
and
Cattle,
LLC
filed
an
Application
for
the
siting
of
a
solid
waste
facility
pursuant
to
the
restated
and
amended
Kendall
County
Siting
Ordinance
08-15
and
415
ILCS
5-39
et.
seq.
2)
The
public
hearings
on
the
Site
Application
were
conducted
by
the
Kendall
County
Board
from
approximately
September
11,
2008
up
and
through
October
1,
2008.
3)
That
on
or
around
November
20,
2008
the
Kendall
County
Board
approved
a
Resolution
Denying
the
Application
for
a
solid
waste
facility.
4)
That
the
Village
of
Minooka
participated
as
an
objector
to
the
Siting
Application
by
appearing
and
participating
through
the
cross-examination
of
the
Applicant’s
experts
and
presenting
their
own
experts
for
Criterion
2
and
3.
5)
That
the
Village
of
Minooka
objected
to
the
Siting
Application
under
Criterion
2
and
proffered
John
Bognar,
a
Hydrogeologist
who
testified
that
the
Applicant
failed
to
1
meet
its
burden
that
the
facility
was
so
designed,
located
and
proposed
to
be
operated
that
the
public
health,
safety
and
welfare
were
protected.
6)
Additionally,
the
Village
of
Minooka
proffered
testimony
that
the
Applicant
completely
and
utterly
failed
to
minimize
the
affect
of
the
facility
on
the
value
of
the
surrounding
area
under
Criterion
3.
7)
That
the
Village
of
Minooka’s
boundaries
extend
to
within
two
(2)
miles
from
the
proposed
site,
and
the
site
is
adjacent
to
areas
within
the
Village
of
Minooka’s
Comprehensive
Plan
as
approved
by
the
Village
of
Minooka
pursuant
to
Illinois
Compiled
Statute.
8)
That
the
Village
of
Minooka’
s
municipal
services
including
water
service
will
be
affected
by
the
siting
of
this
Application.
9)
That
the
lack
of
minimization
shown
in
the
Petitioner’s
Application
on
the
affect
on
the
value
of
surrounding
areas
will
impact
the
Village
of
Minooka.
WHEREFORE,
the
Village
of
Minooka
requests
that
it
be
given
leave
to
file
an
Amicus
Brief
pursuant
to
35
Ill.
Adm.
Code
101.110(c)
and
as
provided
b
law
and
the
addition
of
the
Village
of
Minooka
to
the
Service
List
of
the
above
Special
Coun
or
the
Village
of
Minooka
Law
Offices
of
Daniel
J.
Kramer
1
107A
S.
Bridge
St.
Yorkville,
IL
60560
630-553-9500
2