BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
    WASTE MANAGEMENT OF ILLINIOS, )
    INC. and KENDALL LAND AND
    )
    CATTLE, LLC,
    )
    Petitioner,
    vs.
    COUNTY BOARD
    OF KENDALL
    COUNTY
    Respondent.
    )
    )
    )
    )
    )
    )
    )
    )
    )
    PCB 09-43
    (Pollution
    Control Facility Siting Appeal)
    NOTICE OF FILING
    TO:
    The Clerk of the Pollution Control Board and all parties of record:
    PLEASE TAKE NOTICE that on this
    f~ay
    of February, 2009, George Mueller, the
    attorney for Kankakee Regional Landfill, LLC, filed via electronic filing the attached
    Appearance and Motion for
    Leave
    to File Amicus Brief
    with the Clerk of the illinois
    Pollution
    Control Board, a copy of which is herewith served upon you.
    George Mueller
    Mueller Anderson,
    P.C.
    609 East Etna Road
    Ottawa, Illinois 61350
    (815) 431-1500
    -
    Telephone
    (815) 431-1501- Facsimile
    george@muelleranderson.com
    Respectfully submitted,
    KANKAKEE REGIONAL LANDFILL, LLC
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    Electronic Filing - Received, Clerk's Office, February 13, 2009
    Waste Management of Illinois, Inc., et af.
    v.
    County Board of Kendall County
    PCB No. 09-43
    Bradley Halloran
    Hearing Officer
    TIlinois Pollution Control Board
    James R. Thompson Center
    1000 West Randolph Street
    Suite 11-500
    Chicago, TIlinois 60601
    hallorab@ipcb.state.il.us
    Ms. Renetta Mickelson
    Kendall County Clerk
    111 Fox
    Street
    Yorkville, TIlinois 60560
    630-553-4104
    630- 553-4119 - facsiruile
    rruickelson@co.kendall.il.us
    Eric Weis
    Kendall County
    State's Attorney
    Kendall County Courthouse
    807 John Street
    Yorkville, TIlinois 60560
    630-553-4157
    630-553-4204 - facsimile
    eweis@co.kendall.il.us
    George Mueller
    Mueller
    Anderson, P.
    C.
    609 East Etna Road
    Ottawa, illinois 61350
    (815) 431-1500
    -
    Telephone
    (815) 431-1501- Facsimile
    george@muelleranderson.com
    SERVICE LIST
    Donald J. Moran
    Pederson
    &
    Houpt
    161 N. Clark Street, Suite 3100
    Chicago, TIlinois 60601-3224
    630-553-4157
    630-553-4204 - facsimile
    dmoran@pedersenhoupt.com
    James F. McCluskey
    James S. Harkness
    Momkus, McCluskey, LLC
    1001 Warrenville road, Suite 500
    Lisle, Illinois 60532
    630-434-0400
    630-434-0444
    - facsimile
    jfinccluskeY@momlaw.com
    jharkness@momlaw.com
    Dauiel J. Kramer
    Law Offices ofDauiel
    J. Kramer
    11 07 A S. Bridge Street
    Yorkville, TIlinois 60560
    630-553-9500
    630-553-5764 - facsimile
    dkramer@dankramerlaw.com
    CERTIFICATE OF SERVICE
    I, Sharon Twardowski, a non-attorney, certify that I served a copy of the foregoing
    Notice
    of Filing, Appearance and Motion for Leave to File Amicus Brief to the Hearing
    Officer and all Counsel
    of Record listed on the attached Service list, by sending it via Electronic
    Mail on February
    IStfl,
    2009, before 5:00 p.m.
    [xl
    Under penalties as provides bylaw pursuant to ILL. REV. STAT.
    CHAP. IIO-SEC 1-109, I certify that the statements set forth
    Herein are true and correct
    George Mueller
    Mueller Andersons P.C.
    609 East Etna Road
    Ottawa, Illinois 61350
    (815) 431-1500
    -
    Telephone
    (815) 431-1501
    -
    Facsimile
    george@muel/eranderson.com
    BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
    WASTE MANAGEMENT OF ILLINIOS, )
    INC. and KENDALL LAND AND
    )
    CATTLE, LLC,
    )
    )
    Petitioner,
    )
    )
    vs.
    )
    PCB 09-43
    )
    (Pollution Control Facility Siting Appeal)
    COUNTY BOARD OF KENDALL
    )
    COUNTY
    )
    )
    Respondent.
    )
    APPEARANCE
    TO:
    The Clerk of the Pollution Control Board and all parties of record:
    Please enter my appearance as counsel of record in this case for the following:
    Dated February 12,
    2009
    George Mueller
    MUELLER ANDERSON, P.C.
    609
    Etna Road
    Ottawa, Illinois 61350
    Telephone (815)
    431-1500
    FOX MORAINE,
    LLC
    Respectfully submitted,
    l'>.n~'''.ru'>40E
    REGIONAL LANDFILL, LLC
    .-',.-/
    '
    BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
    WASTE MANAGEMENT OF ILLINIOS, )
    INC. and KENDALL LAND
    AND
    )
    CATTLE, LLC,
    )
    Petitioner,
    vs.
    COUNTY BOARD OF KENDALL
    COUNTY
    Respondent.
    )
    )
    )
    )
    )
    )
    )
    )
    )
    PCB 09-43
    (Pollution Control Facility Siting Appeal)
    MOTION FOR LEAVE TO FILE AMICUS BRIEF
    NOW COMES Kankakee Regional Landfill, LLC, and moves for leave to file an Amicus
    Brief pursuant
    to 35 lAC 101.11O(c) and as provided by law and to add Kankakee Regional
    Landfill, LLC,
    to the service list and in support thereof states and alleges as follows:
    1.
    That on June 3, 2008, Waste Management of illinois, Inc. and Kendall Land and
    Cattle, LLC, filed
    an Application for the siting of a new pollution control facility in Kendall
    County pursuant to
    415 ILCS 5/39.
    2.
    Public hearings on the Siting Application were conducted by the Kendall County
    Board on numerous days between
    September 11, 2008 and October 1, 2008.
    3.
    On November 20, 2008, the Kendall County Board denied the Application for
    local siting approval.
    4.
    Kankakee Regional Landfill, LLC, registered as a participant in the aforesaid
    siting hearings, actively participated in said siting hearings, filed evidence, cross-examined
    witnesses, presented expert testimony and submitted proposed findings
    of fact. Kankakee
    Regional Landfill, LLC's participation was in the nature
    of objection to the request for siting
    approval.
    5.
    The decision of the Kendall County Board to deny the request for local siting
    approval was supported by the evidence and the law, and the proceedings leading up to said
    decision were fundamentally fair.
    However, there were additional reasons to deny the
    application for siting approval in addition to those adopted
    by the Kendall County Board as part
    of its resolution denying siting.
    6.
    Kankakee Regional Landfill, LLC, has an interest
    III
    the outcome of this
    proceeding.
    7.
    That pursuant to §101.11O(c) and §101.628(c) of the General Rules of the
    Pollution Control Board, an
    Amicus Curiae Brief
    can be filed in any adjudicatory proceeding by
    any interested person provided pennission is granted by the Board.
    8.
    Kankakee Regional Landfill, LLC, is an interested party as set forth in
    §101.628(c)
    of the Board Rules and accordingly, pennission should be granted allowing it to file
    an Amicus Brief and to be added to the Service List.
    WHEREFORE Kankakee Regional Landfill, LLC, respectfully prays that the lllinois
    Pollution Control Board grant its motion to file
    an Amicus Brief and to be added to the Service
    List herein.
    George Mueller
    MUELLER
    ANDERSON, P.C.
    609 Etna Road
    Ottawa, lllinois 61350
    Telephone (815) 431-1500
    Respectfully submitted,
    KANKAKEE
    REGIONAL LANDFILL, LLC
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    Electronic Filing - Received, Clerk's Office, February 13, 2009

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