BEFORE THE ILLINOIS POLLUTION CONTROL BOARD

PEORIA DISPOSAL COMPANY,

1

1

Petitioner,

1

v.

1

1

Appeal1

PEORIA COUNTY BOARD,

1

)

Respondent.

)

RESPONDENT'S BRIEF

AND AMICUS BRIEF

NOW COMES,

Respondent, the Peoria County Board, by and through its

attorneys, and for

ths Motion for Extension of Time to File Respondent's Brief and

Amicus Brief, state as follows:

1. On or about January 9,2007, Hearing Officer Webb entered a Hearing Report

which included a briefing schedule requiring Respondent to file its post hearing brief on

or before March 23,2007.

2.

Since the date of the Hearing Officer's Hearing Report, the parties have

been engaged in settlement discussions which, if brought to fruition, would result in a

global settlement of the issues raised in this appeal and would resolve this matter.

3.

Respondent reasonably believes that, if given additional time, the parties

may be able to reach

an agreement on the settlement of the appeal.

4.

Requiring Respondent and Amicus to comply with the present briefing

schedule would result in the expenditure of attorney time and attendant costs for the

County and the Amicus which might otherwise not

be necessary if a full settlement is

reached.

Electronic Filing, Received, Clerk's Office, March 16, 2007

---

5.

While counsel for Amicus has not joined in on this Motion, counsel has

been made aware of this Motion, has stated he has no objection to the Motion, and has

asked counsel for Respondent that the deadline for the Amicus brief also be extended if

the deadline for filing Respondent's brief is extended.

6.

Similarly, while counsel for Petitioner, Peoria Disposal Company, has not

joined in this Motion, counsel has been made aware of this Motion, and has stated he has

no objection to the Motion. Counsel for Petitioner has represented that Petitioner will

extend the decision deadline to June 7,2007, if this Motion is granted (see attached

letter).

7.

In order to avoid Respondent and the Amicus needlessly incumng such

expenses, Respondent believes it is reasonable and appropriate to extend the brief

deadline for Respondent and Amicus for two (2) weeks, and would respectfully request

the Board grant such extension.

8.

Granting a two (2) weeks extension will not prejudice any party or the

Board, would be reasonable under the circumstances, and would serve the ends of

fairness and justice.

WHEREFORE, the Respondent, the Peoria County Board, respectfully requests

the Board grant an extension of fourteen (14) days

(i.e., to April 6,2007) for Respondent

and Amicus to file their respective post-hearing briefs, and for Petitioner's reply brief to

be due on April 20,2007.

DATED: March 16,2007.

for Peoria County

Electronic Filing, Received, Clerk's Office, March 16, 2007

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AFFIDAVIT OF SERVICE

The undersigned, being duly sworn upon oath, states that a copy of the attached

Motion for Extension of Time was served upon the following persons by enclosing such

documents in separate envelopes, addressed as follows, and d ositing said envelopes in

the U.S. Postal Service mail box at Morton, Illinois on

the]&%.

day of March, 2007,

before

5:00 p.m., with all fees thereon fully prepaid and addressed as follows:

Carol Webb

Hearing Officer

Illinois Pollution Control Board

1 02 1 North Grand Avenue East

P.O. Box 19274

Springfield, Illinois 62794-9274

Brian

J. Meginnes, Esq.

Elias, Meginnes, Riffle

&

Seghetti, P.C.

41 6 Main Street, Suite 1400

Peoria, Illinois 6 1602

Counsel for Petitioner

David

L. Wentworth, Esq.

Hasselberg, Williams, Grebe, Snodgrass

&

Birdsall

124 S.W. Adarns St., Suite 360

Peoria,

IL 61602

Counsel for Amicus curie

Dated: March 16, 2007.

sworn to before me, a Notary Public, in the County and State as

KlEM

M.

POWERS

N~ARY

PUBLIC, STATE

OF

nlwots

Electronic Filing, Received, Clerk's Office, March 16, 2007

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ELIAS, MEGINNES, RIFFLE

&

SEGHETTI,

P.C.

ATTORNEYS ATLAW

File No.:

0561 1-105

March 16,2007

Ms. Dorothy M. Gunn, Clerk

Illinois Pollution Control Board

1

02 1 North Grand Avenue East

P.O. Box 19274

Springfield, Illinois 62794-9274

Re:

Peoria Disposal Company v. Peoria County Board,

PCB Case No. 06-1

84.

Dear

Ms. Gunn:

This letter will serve as written confirmation that Petitioner Peoria Disposal

Company hereby extends the Statutory Decision Deadline in

the above-referenced matter

to

and including June 7,2007, conditioned on granting of Respondent's Motion for

Extension of Time

to File Respondent's Brief and Amicus Brief filed this day, and

extension of the deadline for

filing of Petitioner's Reply Brief to April 20,2007,

as

is

requested in the aforementioned Motion.

Thank

you for your attention to this matter.

Very

truly

yours,

Electronic Filing, Received, Clerk's Office, March 16, 2007