CLERK’S
OFFICE
BEFORE
THE
ILLINOIS
POLLUTION
CONTROL
BOARI4AR
092009
WASTE
MANAGEMENT
OF
ILLINOIS,
)
STATE
OF
ILUNOIS
INC.
and
KENDALL
LAND
AND
)
‘oIluton
Control
Board
CATTLE,
LLC
)
)
Petitioner
)
PCB
09-43
)
(Pollution
Control
Facility
Siting
Appeal)
vs
)
)
COUNTY
BOARD
OF
KENDALL
)
COUNTY
)
NOTICE
OF
FILING
TO:
See
attached
service
list.
PLEASE
TAKE
NOTICE
that
on
this
6th
day of
March,
2009;
I filed
with
the Clerk
of the
Illinois
Pollution
Control
Board,
Village
of
Minooka’
s
Response
to Petitioners’
Obj
ectiori
to
the
Motion
for Leave
to
File
Amicus
Brief
Dated:
March
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
Filing
and
above
referenced
document
on the
persons and
at their
addresses
as identified
on
t
s
rvice
list,
by depositing
the
documents,
postage
pre-paid,
into
the
U.S.
Mail
Depository
bc
ted
n Yorkville,
Illinois
this
6th
day
of
March,
2009.
Law
Special
Attorney
ofMinooka
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
6060
1-3224
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
100W.
Randolph
Street,
Ste.
11-500
100
W.
Randolph
Street
Chicago,
IL
60601
Chicago,
IL
60601
Phone:312-814-8917
BEFORE
THE
ILLINOIS
POLLUTION
CONTROL
BOARC
CLERKs
OFFIED
WASTE
MANAGEMENT
OF
ILLINOIS,
)
iNC.
and
KENDALL
LAND
AND
)
9
2009
CATTLE,
LLC
)
STAiEOF
ILLI
oI’
)
018
;Utiør
LofltroI
Board
Petitioner
)
PCB
09-43
)(Pollution
Control
Facility
Siting
Appeal)
)
vs
)
)
COUNTY
BOARD
OF
KENDALL
)
COUNTY
)
VILLAGE
OF
MINOOKA’S
RESPONSE
TO
PETITIONERS’
OBJECTION
TO
THE
MOTION
FOR
LEAVE
TO
FILE
AMICUS
BRIEF
NOWCOMES,
THE
VILLAGE
OF
MINOOKA,
by
and
through
its
Attorneys,
the
Law
Offices
of
Daniel
J.
Kramer
who
in
response
to
the
Petitioners’
Objection
to
the
Motion
for
Leave
to
File
Amicus
Brief
by
the
Village
of
Minooka
states
and
alleges
as
follows:
RESPONSE
TO
ISSUES
PRESENTED
IN
PETITION
FOR
REVIEW
1.
That
on
or
around
December
24,
2008
Petitioner
filed
with
the
Illinois
Pollution
Control
Board
a
Petition
for
Hearing
to
Contest
Site
Location
Denial
pursuant
to
Section
40.1(a)
of
the
Illinois
Environmental
Protection
Act
(415
ILCS
5/40.1).
2.
That
on
or
around
February
9,
2009
the
Law
Office
of
Daniel
J.
Kramer
timely
filed
an
Appearance
and
a
Motion
for
Leave
to
File
Amicus
Brief
on
behalf
of
the
Village
of
Minooka
and
add
the
Village
of
Minooka
to
the
Service
List
for
the
same.
3.
That
the
Petitioners’
Petition
for
Hearing
to
Contest
Site
Location
Denial
failed
to
allege
with
any
specificity
the
grounds
for
Appeal,
including
any
specific
allegations
of
fundamental unfairness
or the
manner
in
which
the decision
rendered
by the
Kendall
County
Board
as
to
Criterion
(ii)
and
Criterion
(iii)
was
against
the
manifest weight
of
the
evidence
in
accordance
with
Section
39.2
of the
Act.
(415
ILCS
5/39.2)
4.
As
a
result
of
the
Petitioners’
conclusory
statement,
on
or
around
February
17,
2009
the
County
of
Kendall
filed
a Notice
of
Demand for
a
Bill
of
Particulars
as
to
the
allegations
contained
in
Petitioners’
Petition
for
Hearing
to Contest
Site
Location
Denial.
5.
That
until
such
time
as
the
Demand
for
Bill
of
Particulars
is
answered
by
the Petitioners,
a Response
from
the Village
of
Minooka
to
the
Petitioners’ Objection
to
the
Motion
for
Leave
to
File
Amicus
Brief
by
the
Village
of
Minooka
is premature.
6.
That
pursuant
to Section
101.110(c)
of the
Illinois
Administrative
Code;
an
Amicus
Brief
may
be
filed
in
any
adjudicatory
proceeding
by
any
interested
person
provided
permission
is
granted
by
the
Board
and
the
Amicus
Brief
will
not
delay
the
Hearing
Process
(35
Ill.Adm.Code
101.110(c)).
7.
Section
101
.404(d)(2)
and
101 .402(d)(3)
of
the
Administrative
Code
grants
the
Board
the
authority
to permit
any
person
to
intervene
in
any
adjudicatory
proceeding
if
the
person
may
be
materially
prejudiced
absent
intervention;
or
the
person
is
so
situated
that
the
person
may
be
adversely
affected
by a
final
Board
Order.
(35
Ill.Adm.Code
101.404(d)(2)
and
35 Ill.Adm.Code
101.404(d)(3).
8.
That
the
Village
of
Minooka
owns
and
controls
the portable
supply
of
water
to its
residents
as a municipal
service.
9.
That
the
interest
of
the
Village
of Minooka
in
preserving
the
portable
water
and
portable
water
service
to its
residents
is
separate
and
distinct
from
the County
of Kendall’s
interest
in protecting
the
public
health,
safety
and
welfare
under
Criterion
(ii).
The
Village
of
Minooka
as
the
supplier
of
portable
water
to
its
residents
is
so
situated
that
they
may be
adversely
affected
by
a final
Board
Order.
10.
The
Village
of Minooka
through
its
Expert
John
Bognar
presented
and
propounded
testimony
and proof
at
Hearing
regarding
the
Petitioners’
evidence
submitted
under
Criterion
(ii) whereas
the
County
of
Kendall
offered
no expert
testimony,
no written
reports
relating
to statutory
Criterion
(ii).
CONCLUSION
That
the Village
of Minooka
contends
that
until
such time
as the
Notice
of
Bill
of
Particulars
is
answered
by
the Petitioner
it can
not
fully respond
to
the Petitioners’
Objection
to
the Motion
for Leave
to file
Amicus
Brief
by
the Village
of
Minooka
and
would
request
Leave
to
fully
respond
to
the
Petitioners’
Objection
within
seven
(7)
days
after receipt
of
the
Answer
for
the
Demand
for
Bill
of Particulars.
In
the
alternative
the
Village
of
Minooka
contends
that it
has a
duty to
protect
the
health,
safety,
and
welfare
of
their
residents
and
within
their
Planning
Area
outside
of the
Village
of
Minooka
limits and
may
be
adversely
by
an
Illinois
Pollution
Control
Board
Decision,
furthermore,
the
Village
of
Minooka’s
Request
for
Leave
to
File
and
Amicus
Brief
is
timely
and
would
cause
no
undo
delay
nor
prejudice
the
proceeding
should the
Board
grant
the
Village
of
Minooka’s
Petition
to
file
an
Amicus
Brief.
tuySubmitted,
Daniel
J.
Kram
r,
tto
y
or
Village
of
Minooka