BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
ROCHELLE WASTE DISPOSAL, L.L.C
.•
Petitioner,
v.
THE CITY OF ROCHELLE.
an
ILLINOIS
MUNIClPAL CORPORATION and THE
ROCHELLE CITY COUNCIL,
Respondents.
)
)
)
)
)
)
)
)
)
)
)
PCB No. 07-113
NOTICE OF FILING
TO:
All Counsel ofRecord (see attached Service List)
PLEASE TAKE NOTICE
that on November 20, 2007, the undersigned filed
electronically with the Illinois Pollution Control Board, 100 West Randolph Street, Chicago.
lllinois
60601, the Rochelle Waste Disposal's Motion for Leave
to
File Its Motion For Partial
Summary Judgment. a copy
ofwhich is attached hereto.
Dated:
November
20, 2007
Charles F. Heisten
Hinshaw
&
Culbertson LLP
100 Park Avenue
P.O. Box 1389
Rockford, IL 61105-1389
815-490-4900
Respectfully submitted,
ROCHELLE WASTE DISPOSAL, L.L.C.
s1Charies F. Helsten
Charles
F. Heisten
One ofIts Attorneys
70S34111vl 871956
Electronic Filing - Received, Clerk's Office, November 20, 2007
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
ROCHELLE WASTE DISPOSAL, L.L.C.,
PCB No. 07-113
Petitioner,
)
)
)
)
)
)
)
THE CITY OF ROCHELLE, an ILLINOIS )
MUNICIPAL CORPORATION and the
j
ROCHELLE CITY COUNCIL,
)
v.
Respondents.
ROCHELLE WASTE DISPOSAL'SMOTION FOR LEAVE TO FILE ITS
MOTION FOR PARTIAL SUMMARY JUDGMENT
NOW COMES the Petitioner, Rochelle Waste Disposal, L.L.C. ("RWD"), by and
through its attorneys, Hinshaw
&
Culbertso~
LLP, and moves this Honorable Board, pursuant to
35
m.
Adm. Code 101.522, for leave to file its Motion for Partial Summary Judgment, stating as
follows:
1.
On May 16, 2007, RWD filed a Petition for Review of certain Special Conditions
imposed by the City of Rochelle upon Siting Approval for expansion of an existing landfill
operated by RWD. Thereafter, on August 1, 2007, RWD filed its Opening Brief.
2.
On October 10, 2007, this Honorable Board entered an Order granting
Respondent, City of Rochelle, leave to file its Opening Brief by December 3,2007. The Order
further set a deadline of December 17, 2007 for RWD to file its Reply brief, and scheduled the
Board'sdecision to be rendered by January 24,2008.
3.
Petitioner now seeks leave to file a Motion for Partial Summary Judgment as to
five (5) of the eight (8) challenged Special Conditions for Siting Approval, in the hope that a
summary disposition of these Conditions may avoid an unecessary waste of Board time and
resources. The five (5) Special Conditions which are the subject of RWD's proposed Motion for
70544093v2 871956
Electronic Filing - Received, Clerk's Office, November 20, 2007
Partial Summary Judgment are ripe for disposition as a matter of law, inasmuch as no genuine
issues
of material facts are present
in
the record regarding the propriety of their imposition.
Accordingly, Petitioner proposes to provisionally file such Motion
on or before November
3D,
2007, subject to this Honorable Board'sruling on the present Motion for Leave to File.
4.
Respondent
City of Rochelle, the only other party participating in this Review,
has no objection to the Motion for Leave to file a Motion for Partial Swnmary Judgment, and has
agreed to the entry
of an Order allowing RWD's filing ofthe Motion; the City of Rochelle is also
in agreement with a proposed deadline
of December 10, 2007 for the filing of its Response to the
Motion for Summary Judgment, and with a deadline
of Decem.ber 17,2007 for RWD
to
file its
Reply.
5.
This Honorable Board's entry of an order granting RDW's Motion for Leave to
File the Motion for Partial Sununary Judgment and entering the proposed briefing schedule for
the same will not alter the existing briefing schedule,
nor will it alter the existing decision date
(January 24, 2008). As a result, neither this Honorable Board nor the Respondent will
be
prejudiced ifthe instant motion is granted.
6.
This motion
is not being brought for the purpose of seeking expedited review, but
is instead brought
in
the interest of conserving Board resources, as well as the resources of the
parties, through an efficient handling of questions of law. Moreover, ifthe motion is granted, the
remaining contested three (3) Special Conditions will still
be briefed
in
accordance with the
Board'sprevious order, with no extensions being necessitated
by the Motion.
7.
Pursuant to Section 101.522, ''theBoard or hearing officer, for good cause shown
on a motion after notice to the opposite party, may extend the time for filing any document or
2
70544093v2871956
Electronic Filing - Received, Clerk's Office, November 20, 2007
doing any act which is required by these rules to be done within a limited period, either before or
after the expiration
oftime." 35 ilL Adm. Code 101.522
8.
Inasmuch as there is good cause for this request, and because the granting of the
instant Motion does not prejudice any party, and leaves fully intact the Board's previously
entered scheduling Order, the Motion falls within the discretion and purview
ofRule 101.522.
WHEREFORE, Petitioner, Rochelle Waste Disposal, LLC hereby respectfully requests
that this Honorable Board enter
an
Order:
i.
Granting leave to Petitioner to file its Motion for Partial Summary
Judgment by November 30, 2007;
11.
Setting December 10, 2007 as the deadline for Respondent City of
Rochelle to file its Response;
iii.
Setting December 17, 2007 as the deadline for Petitioner Rochelle Waste
Disposal to file its Reply; and
IV.
Granting such other and further relief as this Honorable Board deems
appropriate.
Dated:
November
20, 2007
Charles F. Helsten
Hinshaw & Culbertson
LLP
100 Park Avenue
P.O. Box 1389
Rockford, IL 61105-1389
815-490-4900
3
Respectfully submitted,
ROCHELLE WASTE DISPOSAL, L.L.C.
s/Charles F. Helsten
Charles F. Helsten
One
ofIts Attorneys
70544093v2 871956
Electronic Filing - Received, Clerk's Office, November 20, 2007
AFFIDAVIT OF SERVICE
The undersigned, pursuant to the provisions ofSection 1-109 of the lllinois Code of Civil
Procedure, hereby under penalty
of perjury under the laws of the United States of .America,
certifies that on November 20,2007, she served a copy ofthe foregoing upon:
Hon. John McCarthy
Donald
J. Moran
45 East Side Square, Suite 301
Pedersen
&
Houpt
Canton,
II. 61520
161 N. Clark St., Suite 3100
j
jmccarthy@winco.net
Chicago,IL 60601.;3142
dmoran@pedersenhoupt.com
Glenn Sechen, Esq.
David Tess, Esq.
Schain Burney Ross
&
Citron Ltd
Tess
&
Redington
222 N. LaSalle St., Suite 1910
1090 N. Seventh St.
Chicago,
II. 60601
P.O. Box 68
gsechen@schainlaw.com
Rochelle, IL 61068
dtess@oglecom.com
Alan Cooper, Esq.
Emily Vivian
Attorney at Law
David Wentworth II
233 E. Route 38, Ste. 202
Hasselberg, Williams, Grebe, Snodgrass
&
Birdsall
P.D.Box 194
125 SW Adams St., Ste. 360
Rochelle,IL 61068
Peoria,IL 61602-1320
cooplaw@rochelle.net
evivian@hwgsb.com
dwentworth@hwgsb.com
Bradley Halloran
Mr. Bruce W. McKinney
Illinois Pollution Control Board
Rochelle City Clerk
100 West Randolph Street
Rochelle
Ci~
Hall
Suite 11-500
420 North 6 Street
Chicago, IL 60601
Rochelle, IL 61068
hallorab@ipcb.state.il.us
bmckinney@rochelle.net
via electronic mail before the hour of 5:00 p.m., at the addresses listed above.
/s Nicola Nelson
HINSHAW
&
CULBERTSON LLP
100 Park Avenue
P.O.
Box 1389
Rockford,IL 61105-1389
(815) 490-4900
This document utilized 100% recycled paper products.
70534100v1 871956
Electronic Filing - Received, Clerk's Office, November 20, 2007
