e of Its Attorneys
BEFORE THE ILLINOIS POLLUTION CONTROL
BOA
ERK'S
CEIVED
OFFICE
ROCHELLE WASTE DISPOSAL, L.L.C., )
NOV 2 7
2007
Petitioner,
STATE
rthurton
OF
Control
ILUNOIS
Board
v.
)
)
PCB 07-113
THE CITY OF ROCHELLE, an Illinois
) (Third-Party
Pollution Control Facility
municipal corporation, and THE
) Siting
Appeal)
ROCHELLE CITY COUNCIL,
)
Respondents.
)
NOTICE OF FILING
TO: See
Attached Service List
PLEASE TAKE NOTICE that on November 27, 2007, the undersigned filed with the
Clerk of the Illinois Pollution Control Board, the attached
ROCHELLE CITY COUNCIL'S
RESPONSE TO PETITIONER'S MOTION (AND SUPPLEMENT TO MOTION) FOR
LEAVE TO FILE ITS MOTION FOR PARTIAL SUMMARY JUDGMENT
in the above
entitled matter.
ROCHELLE CITY COUNCIL
Donald J. Moran
Lauren Blair
PEDERSEN & HOUPT
161 North Clark Street, Suite
3100
Chicago, Illinois 60601
(312)
641-6888
Attorney Registration No.
1953923
By:
468365.1
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
RECEIVED
CLERK'S OFFICE
ROCHELLE WASTE DISPOSAL, L.L.C.,
Petitioner,
v.
THE CITY OF ROCHELLE, an Illinois
municipal corporation, and THE
ROCHELLE CITY COUNCIL,
Respondents.
NOV 2 7 2007
Pollution
STATE OF
Control
ILLINOIS
Board
PCB 07-113
(Third-Party Pollution Control Facility
Siting Appeal)
ROCHELLE CITY COUNCIL'S RESPONSE TO PETITIONER'S MOTION
(AND SUPPLEMENT TO MOTION) FOR LEAVE TO FILE ITS MOTION
FOR PARTIAL SUMMARY JUDGMENT
Respondent, Rochelle City Council ("City Council"), by its attorneys, Pedersen & Houpt,
submits this response to Petitioner, Rochelle Waste Disposal, LLC's (RWD"), Motion for Leave
to File Motion for Partial Summary Judgment, and its Supplement thereto.
1.
The City Council has no objection to RWD's Motion for Leave to File Motion for
Partial Summary Judgment, and its Supplement thereto, or to the proposed deadlines for the
Respondents' responses to the Motion for Leave.
2.
The City Council is prepared to file its response to RWD's motion for partial
summary judgment on December 10, 2007, in anticipation that the Board will take the motion for
partial summary judgment with the case.
468332v I
WHEREFORE, Respondent, Rochelle City Council, respectfully requests that the Board
grant Petitioner's Motion for Leave to File Motion for Partial Summary Judgment, and grant such
other and further relief as the Board deems appropriate.
Respectfully submitted,
THE ROCHELLE CITY COUNCIL
°T-61AAR2-tti
Lauren Blair
One of Its Attorneys
Donald J. Moran
Lauren Blair
Pedersen & Houpt, P.C.
161 N. Clark Street, Suite 3100
Chicago, IL 60601
Telephone: (312) 261-2149
Facsimile: (312) 261-1149
468332v1
Lauren Blair
CERTIFICATE OF SERVICE
I, Lauren Blair, an attorney, on oath certify that I caused to be served the foregoing,
ROCHELLE CITY COUNCIL'S RESPONSE TO PETITIONER'S MOTION (AND
SUPPLEMENT TO MOTION) FOR LEAVE TO FILE ITS MOTION FOR PARTIAL
SUMMARY JUDGMENT,
upon the following:
Charles Helsten
Hinshaw & Culbertson
100 Park Avenue
Rockford, IL 61101
chelsten@hinshawlaw.com
Bruce McKinney
City of Rochelle
420 N. 6th
Street
P.O. Box 601
Rochelle, IL 61068
hmckinney(i)rochelle.net
Bradley Halloran
Hearing Officer
Illinois Pollution Control Board
100 W. Randolph Street, Suite 11-500
Chicago, IL 60601
hallorab(cTipcb.state.il.us
John McCarthy
45 East Side Square, Suite 301
Canton, IL 61520
jimccarthywinco.net
David Wentworth II
Emily Vivian
Hasselberg, Williams, Grebe, Snodgrass &
Birdsall
124 SW Adams, Suite 360
Peoria, IL 61602-1320
dwentworthhwgsb.com
evivian(ithwgsb.com
Alan Cooper
Rochelle City Attorney
233 E. Route 38, Suite 202
Rochelle, IL 61068
cooplaw(throchelle.net
David Tess
Tess & Redington
1090 N. Seventh Street
P.O. Box 68
Rochelle, IL 61068
dtess(c-Oglecom.com
via electronic and first class U.S. mail by enclosing a true and correct copy thereof in a
duly-addressed, postage prepaid envelope, and depositing same in the United States mail at 161
N. Clark St., Chicago, Illinois 60601 on this 27
th
day of November 2007.
468365.1