1. BEFORE THE POLLUTION CONTROL BOARD
  2. OF THE STATE OF ILLINOIS
  3. NOTICE
  4. BEFORE THE POLLUTION CONTROL BOARD
  5. OF THE STATE OF ILLINOIS
  6. RESPONSE TO MOTION TO DISMISS
  7. CONCLUSION
  8. CERTIFICATE OF SERVICE

This filing submitted on recycled paper.
BEFORE THE POLLUTION CONTROL BOARD

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OF THE STATE OF ILLINOIS
KIBLER DEVELOPMENT CORPORATION,
)
and MARION RIDGE LANDFILL, INC.,
)
Petitioner,
)
)
v.
)
PCB 07-43
)
PCB 05-35
)
(Permit Appeal - Land)
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
Respondent.
)

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NOTICE
John Therriault, Acting Clerk
Carol Webb, Hearing Officer
Illinois Pollution Control Board
Illinois Pollution Control Board
James R. Thompson Center
1021 North Grand Avenue East
100 West Randolph Street
P. O. Box 19274
Suite 11-500
Springfield, IL 62794-9274
Chicago, IL 60601
Stephen F. Hedinger
Hedinger Law Officer
2601 South Fifth Street
Springfield, IL 62703
PLEASE TAKE NOTICE that I have today filed with the office of the Clerk of the Pollution Control
Board a REPONSE TO MOTION TO DISMISS copies of which are herewith served upon you.
Respectfully submitted,
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY,
Respondent
____________________________
Melanie A. Jarvis
Assistant Counsel
Division of Legal Counsel
1021 North Grand Avenue, East
P.O. Box 19276
Springfield, Illinois 62794-9276
217/782-5544
217/782-9143 (TDD)
Dated: July 22, 2008
Electronic Filing - Received, Clerk's Office, July 22, 2008
* * * * * PCB 07-43 * * * * *

This filing submitted on recycled paper.

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BEFORE THE POLLUTION CONTROL BOARD

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OF THE STATE OF ILLINOIS
KIBLER DEVELOPMENT CORPORATION,
)
and MARION RIDGE LANDFILL, INC.,
)
Petitioners,
)
PCB 07-43
v.
)
PCB 05-35
)
(Permit Appeal - Land)
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
Respondent.
)

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RESPONSE TO MOTION TO DISMISS
NOW COMES Respondent, the Illinois Environmental Protection Agency (“Illinois EPA”),
by one of its attorneys, Melanie A. Jarvis, Assistant Counsel and Special Assistant Attorney General,
who, pursuant to 35 Ill. Adm. Code 101.506, hereby respectfully responds to the Petitioners’ Motion
to Dismiss and in support of said motion, the Illinois EPA states as follows:
The Petitioner filed its motion to dismiss on July 18, 2008. The matters at issue in the above
cases were settled by the parties. The Illinois EPA supports the Petitioners’ Motion to dismiss.

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CONCLUSION
For the reasons stated herein, the Illinois EPA respectfully requests that the Board grant the
Petitioners’ Motion to Dismiss.
Respectfully submitted,
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY, Respondent
____________________________
Melanie A. Jarvis
Assistant Counsel, Special Assistant Attorney General
Division of Legal Counsel
1021 North Grand Avenue, East, P.O. Box 19276
Springfield, Illinois 62794-9276
217/782-5544
217/782-9143 (TDD)
Dated: July 22, 2008
Electronic Filing - Received, Clerk's Office, July 22, 2008
* * * * * PCB 07-43 * * * * *

This filing submitted on recycled paper.

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CERTIFICATE OF SERVICE
I, the undersigned attorney at law, hereby certify that on July 22, 2008 I served true and
correct copies of a RESPONSE TO MOTION TO DISMISS by the Board’s COOL system and by
placing true and correct copies thereof in properly sealed and addressed envelopes and by depositing
said sealed envelopes in a U.S. Mail drop box located within Springfield, Illinois, with sufficient
First Class postage affixed thereto, upon the following named persons:
John Therriault, Acting Clerk
Carol Webb, Hearing Officer
Illinois Pollution Control Board
Illinois Pollution Control Board
James R. Thompson Center
1021 North Grand Avenue East
100 West Randolph Street
P. O. Box 19274
Suite 11-500
Springfield, IL 62794-9274
Chicago, IL 60601
Stephen F. Hedinger
Hedinger Law Officer
2601 South Fifth Street
Springfield, IL 62703
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY,
Respondent
____________________________
Melanie A. Jarvis
Assistant Counsel
Division of Legal Counsel
1021 North Grand Avenue, East
P.O. Box 19276
Springfield, Illinois 62794-9276
217/782-5544
217/782-9143 (TDD)
Electronic Filing - Received, Clerk's Office, July 22, 2008
* * * * * PCB 07-43 * * * * *

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