RECEJ~VED
CLERK’S OFFICE
MAY 2~2003
ILLINOIS POLLUTION CONTROL BOARD
STATE OF ILLINOIS
CITY OF KANKAKEE,
)
Pollution Control Board
PCB 03-125
Petitioner,
(Third-Party Pollution Control Facility
Siting Appeal)
vs.
)
)
COUNTY OF KANKAKEE, COUNTY
)
BOARD OF KANKAKEE, and WASTE
)
MANAGEMENT OF ILLINOIS, INC.
)
)
Respondents.
)
)
MERLIN KARLOCK,
)
PCB 03-133
Petitioner,
(Third-Party Pollution Control Facility
Siting Appeal)
vs.
)
)
COUNTY OF KANKAKEE, COUNTY
)
BOARD OF KANKAKEE, and WASTE
)
MANAGEMENT OF ILLINOIS, INC.
)
)
Respondents.
)
)
MICHAEL WATSON,
)
PCBO3-134
Petitioner,
(Third-Party Pollution Control Facility
Siting Appeal)
vs.
)
)
COUNTY OF KANKAKEE, COUNTY
)
BOARD OF KANKAKEE, and WASTE
)
MANAGEMENT OF ILLINOIS, INC.
)
)
Respondents.
)
)
KEITH RUNYON,
)
PCBO3-135
Petitioner,
(Third-Party Pollution Control Facility
Siting Appeal)
vs.
)
)
COUNTY OF KANKAKEE, COUNTY
)
BOARD OF KANKAKEE, and WASTE
)
MANAGEMENT OF ILLINOIS, INC.
)
)
Respondents.
)
70362886v1 826549
NOTICE OF FILING
TO:
All Counsel ofRecord (see attached Service List)
PLEASE TAKE NOTICE that on May 22, 2003, the undersigned filed with the Illinois
Pollution Control Board, 100 West Randolph Street, Chicago, Illinois 60601, an original and nine copies
of the Affidavit of Joan Lane and Affidavit of Mike Van Mill, copies ofwhich are attached hereto.
Dated: May 22, 2003
Respectfully submitted,
On behalf of the COUNTY OF KANKAKEE and
COUNTY BOARD OF KANKAKEE
By: HINSHAW & CULBERTSON
kichard~4orter ~
One of ~tsAttorneys
H~NSHAWAND CULBERTSON
100 Park Avenue
P.O. Box 1389
Rockford, IL 61105-1389
815-490-4900
This document utilized 100
recycled paper products
70362886v1 826549
AFFIDAVIT OF SERVICE
The undersigned, pursuant
to the provisions of Section 1-109 of the
Illinois Code of Civil
Procedure, hereby
under penalty of perjury
under the laws of the United States of America,
certifies that
on May 22, 2003, a copy of
the foregoing was served upon:
Dorothy M.
Gunn,
Clerk
Illinois Pollution Control Board
James
R. Thompson Center
100 West Randolph Street, Suite 11-500
Chicago, IL 60601-3218
Attorney George Mueller
501 State Street
Ottawa, IL 61350
(815)
433-4705
(815)
433-4913
FAX
Donald J.
Moran
Pederson & Houpt
161 N. Clark Street, Suite 3100
Chicago, IL 6060 1-3242
(312) 261-2149
(312) 261-1149 FAX
Elizabeth Harvey, Esq.
Swanson, Martin & Bell
One IBM Plaza, Suite 2900
330 North Wabash
Chicago, IL 60611
(312) 321-9100
(312) 321-0990 FAX
Kenneth A. Leshen
One Dearborn Square, Suite
550
Kankakee, IL 60901
(815) 933-3385
(815) 933-3397 FAX
L. Patrick Power
956
North Fifth Avenue
Kankakee, IL 60901
(815) 937-6937
(815) 937-0056
FAX
Keith Runyon
1165 Plum
Creek
Drive
Bourbonnais, IL 60914
(815) 937-9838
(815) 937-9164 FAX
Jennifer J. Sackett Pohlenz
175 W. Jackson Boulevard
Suite 1600
Chicago, IL 60604
(312) 540-7540
(312) 540-0578 FAX
Kenneth A. Bleyer
923 W. Gordon Terrace #3
Chicago, IL 60613-2013
Patricia O’Dell
1242 Arrowhead Drive
Bourbonnais, IL 60914
Daniel J. Hartweg
175 W. Jackson, Suite 1600
Chicago, IL 60604
(312) 540-7000
(312) 540-0578 FAX
Mr. Brad Halloran
Hearing
Officer
Illinois Pollution Control Board
100 West Randolph, 11th Floor
Chicago, IL 60601
(312) 814-8917
(312) 814-3669 FAX
By depositing a copy thereof, enclosed in
an envelope in the UPS Overnight Mail at Rockford,,
Illinois, proper fees
prepaid, before the hour of5:00 P.M., addressed as above
Firm No. 695
HINSHAW & CULBERTSON
100 Park Avenue
P.O. Box 1389
Rockford, Illinois 61101
(815) 490-4900
in
70358848v1 826549
RECEiVED
CLERicS OFFICE
ILLINOIS POLLUTION CONTROL BOARD
CITY OF KANKAKEE,
)
MAY 2 S 2003
)
STATE OF EWNOIS
Petitioner,
)
PCB 03-125
P
,~
)
(Third-Party Pollution Con~o~F~iI?~tT0!
Board
vs.
)
Siting Appeal)
)
COUNTY OF KANKAKEE, COUNTY
)
BOARD OF KANKAKEE, and WASTE
)
MANAGEMENT OF ILLINOIS, INC.
)
)
Respondents.
)
)
MERLIN KARLOCK,
)
)
Petitioner,
)
PCB 03-133
)
(Third-Party Pollution Control Facility
vs.
)
SitingAppeal)
)
COUNTY OF KANKAKEE, COUNTY
)
BOARD OF KANKAKEE, and WASTE
)
MANAGEMENT OF ILLINOIS~INC.
)
)
Respondents.
)
)
MICHAEL WATSON,
)
)
Petitioner,
)
PCB 03-134
)
(Third-Party Pollution Control
Facility
vs.
)
Siting Appeal)
)
COUNTY OF KANKAKEE,
COUNTY
)
BOARD OF KANKAKEE, and WASTE
)
MANAGEMENT OF ILLINOIS, INC.
)
)
Respondents.
)
)
KEITH RUNYON,
)
)
Petitioner,
)
PCB 03-135
)
(Third-Party Pollution Control Facility
vs.
)
Siting Appeal)
)
COUNTY OF KANKAKEE, COUNTY
)
BOARD OF KANKAKEE, and WASTE
)
MANAGEMENT OF ILLINOIS, INC.
)
)
Respondents.
)
70362652v1 826549
(
AFFIDAVIT
I, JOAN LANE, the undersigned being first duly sworn on oath depose and state as
follows:
1.
I am an employee of Hinshaw & Culbertson and the Administrative Assistant for
Charles F. Helsten who is a Special Assistant State’s
Attorney for the County of Kankakee for
environmental and solid waste matters.
2.
Mr. Heisten
and
Hinshaw
& Culbertson were hired by the State’s Attorney for the
County
ofKankakee in late 2001.
3.
At the time that Hinshaw &
Culbertson
and Mr. Heisten were hired by the
Kankakee County State’s Attorney, a file was opened, Matter Number 809319, at which time the
matter was referred to as the “Kankakee County Landfill”.
4.
I was responsible for
opening the file for Mr. Heisten, and
at that time I
inadvertently listed the Kankakee County Landfill as the both the “matter” and the “client”.
5.
The landfill itself was not the client.
6.
Since the date that Hinshaw was first retained by the Kankakee County State’s
Attorney several other files have been opened for Hinshaw’s representation of the State’s
Attorney, Kankakee County or Kankakee County staff, including Matter Numbers, 813053,
813333, and 815142.
7.
I used the “file intake sheet” for Matter Number 809319 as a template for the file
intake sheets for Matter Numbers 813053, 813333, 815142 and any other file opened on behalf
of the Kankakee County State’s Attorney, Kankakee County or Kankakee County staff.
8.
Because I used the file intake sheet for 809139 as a template for the, subsequent
files, the same typographical error referencing that the client was “Kankakee County Landfill”
was made in each ofthese subsequent files.
9.
All of the bills concerning the application to expand the landfill operated by
Waste Management in Kankakee County have been paid by Kankakee County.
2
70362652v1 826549
10.
The reference to “Kankakee County Landfill” as the client on the file intake sheet
was merely an inadvertent typographical error.
11.
The result of the client being identified as Kankakee County Landfill on the file
intake sheets was that the invoices sent to Kankakee County State’s Attorney Edward Smith
erroneously indicated “Represent:
Kankakee
County Landfill”.
12.
In January 2003, I had the error corrected on all of the files.
13.
At no time has Hinshaw & Culbertson represented the Kankakee County landfill
or its operator, Waste Management of Illinois, Inc., in regard to any siting application, host
agreement negotiation, or otherwise, in Kankakee County.
FURTHER AFFIANT SAYETH NOT.
Under penalties as provided by law pursuant to Section 1-109 of the Code of Civil
Procedure, the
undersigned certifies that the statements set forth in this instrument are true and
correct, except as to matters therein stated to be on information and belief and as to such matters
the undersigned certifies as aforesaid that she verily believes the sante t~betrue.
SUBSCRIBED and SWORN to
before me this
~
/~t~ayofMay, 2003.
Notary Public
3
70362652v1 826549
I,
R~C~ED
ILLINOIS POLLUTION CONTROL BOARD
CLERK’S
OFFICE
CITY OF KANKAKEE,
)
MAY 23 2003
Petitioner,
)
PCB 03-125
STATE OF ILUNOIS
)
(Third-Party Pollution
~t0Pac1Pfl5TOl
Board
vs.
)
Siting Appeal)
)
COUNTY OF KANKAKEE, COUNTY
)
BOARD OF KANKAKEE, and WASTE
)
MANAGEMENT OF ILLINOIS, INC.
)
)
Respondents.
)
)
MERLIN KARLOCK,
)
)
Petitioner,
,
)
PCB 03-133
)
(Third-Party. Pollution Control Facility
vs.
.
)
Siting Appeal)
)
COUNTY OF KANKAKEE, COUNTY
)
BOARD OF KANKAKEE, and WASTE
)
MANAGEMENT OF ILLiNOIS, INC.
).
)
Respondents.
)
)
MICHAEL WATSON,
)
)
Petitioner,
,
‘
)
PCB
03-134
)
(Third-Party
Pollution Control Facility
vs.
)
Siting Appeal)
)
COUNTY OF KANKAKEE, COUNTY
)
BOARD OF KANKAKEE, and WASTE
)
MANAGEMENT OF ILLINOIS, INC.
)
Respondents.
. )
)
KEITH RUNYON,
)
)
Petitioner,
)
PCB 03-135
)
(Third-Party Pollution Control Facility
vs.
)
Siting Appeal)
)
COUNTY OF KANKAKEE, COUNTY
BOARD OF KANKAKEE, and WASTE
)
MANAGEMENT
OF
ILLINOIS, INC.
)
)
Respondents.
)
70362653v1 826549
AFFIDAVIT
.
I, MIKE VAN MILL, the undersigned being first duly sworn on oath depose and state as
follows:
1.
I am the Kankakee County Planning Director.
2.
I am familiar with the attorneys that have been hired by the County ofKankakee
to assist in the legal aspects of the County’s environmental and solid waste management issues.
3.
In 2001 Attorney Charles Heisten and the law firm of Hinshaw & Culbertson
were hired by the State’s Attorney for County ofKankakee.
4.
At
various
times Hinshaw
& Culbertson has represented the County ofKankakee,
County staff, andlor the Kankakee County State’s Attorney.
5.
At no time did the State’s Attorney, Kankakee County, or Kankakee County staff
retain Hinshaw & Culbertson or Mr. Heisten
to represent Waste Management of Illinois, the
operator ofthe Kai~kakeeCounty Landfill.
6.
The County of Kankakee has paid all ofHinshaw & Culbertson’s invoices which
are in any way associated with the negotiation of a host agreement with Waste Management of
Illinois.
.
.
7.
The County of Kankakee has paid all of Hinshaw & Culbertson’s invoices
concerning the application of Waste Management of Illinois to site
a landfill expansion in
Kankakee County.
FURTHER AFFIANT SAYETH NOT.
Under penalties as provided by law pursuant to Section 1-109 of the Code of. Civil
Procedure, the undersigned certifies that the statements set forth in this instrument are true and
correct, except as to matters therein stated to be on information and belief and as to such matters
the undersigned certifies as aforesaid that he verily elieves the same to be true.
MIKE VAN M~
SUBSCRIBED and SWORN to
“OFFICIAL SEAL”
ANGELA L SCHNELL
NOTARY PUBLIC, STATE OF ILLINOIS
MY COMMISSION EXPIRES 08/08/05
70362653v1 826549
2