BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
WASTE MANAGEMENT OF ILLINOIS, INC.,
)
and KENDALL LAND and CATTLE, L.L.C.
)
)
Petitioners,
)
)
vs.
)
)
)
No. PCB 09-43
(Pollution Control Facility
Siting Appeal)
COUNTY BOARD OF KENDALL COUNTY,
)
ILLINOIS,
)
)
Respondent.
)
PETITIONERS' MOTION TO STRIKE
APPEARANCE FILED
BY VILLAGE OF MINOOKA
NOW COME Petitioners, WASTE MANAGEMENT OF ILLINOIS, INC. ("WMII"), and
KENDALL LAND and CATTLE, L.L.C.
("KLC"), by and through their attorneys, PEDERSEN
&
HOUPT, P.C., and move to strike the Appearance filed by the Village of Minooka. In support
thereof, WMII and KLC state
as follows:
1.
On December 24, 2008, WMII and KLC filed with the Illinois Pollution Control
Board
("Board") their Petition for Hearing to Contest Site Location Denial ("Petition for
Review") pursuant to Section
40.1 ( a) of the Illinois Environmental Protection Act ("Act").
2.
On February 6, 2009, the Village of Minooka filed a Motion for Leave to File
Amicus Brief and to add the
Village of Minooka to the Service List ("Motion to File Amicus
Brief').
3.
In connection with the Motion to File Amicus Brief, the
Village of Minooka
495974.1
Electronic Filing - Received, Clerk's Office, February 24, 2009
improperly filed an Appearance.!
4.
In accordance with Section
101.400 of the Board's Procedural Rules, an
Appearance may only be filed by
"A person who is a party in a Board adjudicatory proceeding."
See
35 Ill. Adm. Code §101.400. "Party" is defined as "the person by or against whom a
proceeding is brought." 35 Ill. Adm. Code
§101.202.
5.
The Village of Minooka may not file an Appearance because it is not a party to
this appeal. The Village
of Minooka is not the local siting authority that made the decision
denying approval. Additionally, Section
40.1 (a) ofthe Act only allows the applicant, not a third-
party objector, to appeal a decision denying local siting approval
of a new pollution control
facility,
see
415 ILCS 5/40.1(a). Thus, although the Village of Minooka was an objector who
participated in the local siting process, it is not a "party" to this appeal before the Board.
Therefore, it was improper for the Village
of Minooka to file an Appearance in this matter, and
the Appearance should be stricken.
2
! In addition to being improper, the Appearance incorrectly states that it is "on behalf of
the Movant for Intervention," even though the Village of Minooka did not move to intervene
pursuant to Section
101.402 of the Board's Procedural Rules, but rather moved to file an
amicus
curiae
brief pursuant to Section 101.110(c) of the Board's Rules. The Village of Minooka's
Motion to File Amicus Brief did not even attempt to meet the standard for intervention set forth
in Section
101.402.
See
35 Ill. Adm. Code §101.402.
2 Kankakee Regional Landfill also improperly filed an Appearance in this appeal. WMII
and KLC filed a separate motion to strike said Appearance on similar grounds presented herein.
495974.1
2
Electronic Filing - Received, Clerk's Office, February 24, 2009
WHEREFORE, WASTE MANAGEMENT OF ILLINOIS, INC., and KENDALL LAND
and CATTLE, L.L.C respectfully request that the Board strike the Appearance filed by the
Village
of Minooka, and grant such other and further relief as the Board deems appropriate.
Donald
J. Moran
Lauren Blair
PEDERSEN &
HOUPT,
P.C.
161 North Clark Street
Suite 3100
Chicago, Illinois 60601
(312) 641-6888
495974.1
Respectfully Submitted,
WASTE MANAGEMENT OF ILLINOIS, INC.,
and KENDALL LAND and CATTLE, L.L.C
By:
Cidl1Q.01A
);G
One of Their Attorneys
~
3
Electronic Filing - Received, Clerk's Office, February 24, 2009