BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
KIBLER DEVELOPMENT CORP. and
MARION RIDGE LANDFILL, NC.,
Petitioners,
v.
ILLINOIS ENVIRONMENTAL PROTECTION
AGENCY,
Respondents.
Receiver)
CLERK'S OFFICE
(Permit
Appeal-
JUL 2
1 2008
TATE
OF
ILLINOIS
cIL
Pollution Control
Board
PCB No. 2007-043
NOTICE OF FILING
TO:
Melanie Jarvis
Illinois Environmental
Protection Agency
1021 North Grand Avenue East
P.O. Box 19276
Springfield, Illinois 62794.9276
E-mail:
Melaniciarvis@il I inois,ge
Stephen Hedinger
1-iedinger Law Office
2601 South Fifth Street
Springfield, Illinois 62703
E-mail:
)-ieclinger@nedingerlaw.com
Carol Webb, Hearing Officer
Illinois Pollution Control Bonn!
1021 North Grand Avenue East
P.O. Box
19274
Springfield, /1 62794
-
9274
E
-
mail: webbcaipcb.state.il,us
PLEASE TAKE NOTICE that on
July
21, 2008, I filed, electronically, with the llliuois
Pollution Control
Board, the following: Petitioner's
Appearance
and
Motion to Intervene, copies of
which are attached hereto and
served
upon you.
Charles Garnati. State's Attorney
200 West Jefferson County Courthouse
Marion, IL 62959-3061
(618) 997-1301
?
CERTIFICATE
op
By:
SERVICE
?
the
undersigned,
certify
that served
the foregoing Notice of Filing, along with copies of
documents) set forth in this Notice, on the above Listed persons at the above listed e-mail addresses this
21" day of July
2008,
via e-
mail,
and further
will
sery
hem
via certified mail, return receipt
on
July
21, 2008.
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
KIBLER DEVELOPMENT CORP. and
MARION RIDGE LANDFILL, INC.,
Petitioners,
v.
ILLINOIS ENVIRONMENTAL PROTECTION
AGENCY,
RECEIVED
C
LERK'S
OFFICE
JUL 2 1 2008
STATE OF ILLINOIS
Pollution Control Board
PCB No. 2007-043
(Permit Appeal - Land)
Respondents.
APPEARANCE
I hereby file my Appearance in this proceeding on behalf of Intervenor State's Attorney
Charles Garnati
rel
People of Williamson County.
STATE'S ATTORNEY CHARLES GARNATT
O
orot P,CoArevt.
Name
Attorney for:
Address
City
Telephone
Charles Garnati. State's Attorney
Intervenor
200 West Jefferson County Courthouse
Marion, IL 62959-3061
(618) 997-1301
Docunr.lit
ft 1344013
CLERK'S OFFIC
e
E
ReceivD
Pollution
STA TE
Cont
OF
ILLI
1NOIS
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
JUL
2
20081
KIBLER DEVELOPMENT CORP. and
MARION RIDGE LANDFILL, INC.,?
ro
Bo
Petitioners,
PCB No. 2007-043
?
Bo
ard
v,
ILLINOIS ENVIRONMENTAL PROTECTION
AGENCY,
(Permit Appeal - Land)
Respondents.
MOTION TO INTERVENE
NOW COMES Intervener WILLIAMSON COUNTY STATE'S
ATTORNEY
CHARLES GARNAn
ex
rel,
People of Williamson County and moves the Illinois Pollution
Control Board to grant this Motion and allow his intervention in this pending matter. In support
of this Motion, Intervener states as follows:
I. This Motion is filed pursuant to Sections of the Illinois Pollution Control Board
Regulations Section 101.402 and Section 5/3-9005(01) of the Illinois Counties Code (55 ILCS
513 -9005(aXI ), 35 IAC 101.042 ).
2. This Petition is filed by the State's Attorney of Williamson County, Charles Garnati,
in his official capacity, on behalf of the People of Williamson County. This Board and Illinois
Court have acknowledged the particular duties of State's Attorneys' embodied in the Illinois
Counties Code that give them standing in actions that, ordinarily, other third-parties lack,
E.g..
Land and Lakes Co. v. PCB,
245 Il1,App.3d 361, 616 N.E.2d 349, 354-355
(3'I
Dist. 1993)(State's Attorney allowed to intervene in permit appeal);
Pioneer Processing Inc.
v.
EPA,
102 111.2d 119, 464 N.E.2d 238 (S.Ct. 1984)(Attorney General allowed to sock review of
a Board decision in a landfill permit appeal);
AFSCME v. Ryan, et al.,
347 III.App.3d 732,'807
N.E.2d 1235 (5
th
Dist. 2004Xwithout specific statutory authority under the Illinois Health
Facilities Planning
Act, State's Attorney allowed to enjoin closure of state mental health facility
and require it to follow procedures of that act);
Saline County v. EPA,
PCB 02-108
(April 18, 2002)(State's Attorney intervened in permit appeal).
3.
Specifically, this Board has consistently allowed State's Attorneys to intervene in
already pending permit appeals.
Pioneer Processing, Inc. v. Environmental Protection Agency
102 111. 2d 119, 464 N.E.2d 238, 79 Ill. Dec. 640 (1984);
Land and Lakes Co.
v.
PCB,
245
I/1.App.3d 361, 616 N.E.2d 349, 354-355 (31'd
Dist. 1993)(State's Attorney allowed to intervene
in permit appeal);
Saline County v, !EPA,
PCB 02-108 (April 18, 2002)(State's Attorney
intervened in permit appeal).
4.
Although the Board recently held that the State's Attorney could not
initiate a
permit
appeal, nowhere in that decision did the Board overrule its prior precedent allowing State's
Attorneys intervention in already pending permit appeals.
People of Williamson County er
v. Kibler Development Corp., et al.,
PCB 08-93 (July
10,
2008).
5.
The State's Attorney's intervention
will
not unduly delay or materially prejudice the
proceeding or otherwise interfere with an orderly or efficient proceeding. The State's Attorney
is
not requesting
a
change in any scheduling already set by either Board or Hearing Officer Order.
Further, the State's Attorney is
not requesting any new discovery and only seeks copies of what
has already been
produced or
exchange between the parties in this cast.
WHEREFORE, 'WILLIAMSON COUNTY STATE'S ATTORNEY CHARLES
GARNATI
ex rel.
People of Willliarnson County, as Intervener, respectfully requests the Board
to allow his intervention in this already pending permit appeal.
CHARLES GARNATI
Williamson County State's Attorney
Charles Garnati, State's Attorney
Williamson
County
200 West Jefferson County
Courthouse
Marion, IL 62959-3061
(618) 997-1301