CLERK’S OFFICE
65448-POH
AUG
4 2003
STATE OF ILLINOIS
BEFORE THE ILLINOIS POLLUTION CONTROL BOAR~PoI1utjon
Control Board
MICHAEL WATSON,
Petitioner,
No. PCB 03-134
vs.
(Pollution Control Facility Siting Appeal)
COUNTY BOARD OF KANKAKEE COUNTY,
Consolidated With PCB 03-125, 03-133,
ILLINOIS, and WASTE MANAGEMENT OF
03-135)
ILLiNOIS, INC.,
Respondent.
NOTICE OF FILING
TO:
See Attached Service List
PLEASE TAKE NOTICE that on August 4, 2003, we filed with the Illinois Pollution
Control Board, the attached
Petitioner Watson’s Notice of Intent to File a Response to
County Board of Kankakee’s and County ofKankakee’s Motion to Compel Payment of
Record Costs, a
copy ofwhich is attached hereto and served upon you.
QUERREY
&
HARROW, LTD.
cfJ.Sa~eI~5
Jennifer J. Sackett Pohlenz
QUERREY & HARROW, LTD.
175 West Jackson Boulevard
Suite 1600
Chicago, Illinois 60604
(312) 540-7000
Attorney Registration No.
6225990
Attorneys for Petitioner Michael Watson
Document #: 846145
Printed on Recycled Paper
PROOF OF SERVICE
Alesia Mansfield, a non-attorney, on oath states that she served the foregoing Notice
of Filing, along with
copies of document(s) set forth in this Notice, on the following parties and persons at their respective addresses
and/or fax numbers, this
4th
day of August, 2003, by or before the hour of 4:30 p.m. in the manners stated below:
Via U.S. Mail
Donald Moran
Pedersen & Houpt
161 North Clark Street
Suite 3100
Chicago, IL 6060 1-3242
Fax: (312) 261-1149
Attorney for Waste Management of Illinois,
Inc.
Via U.S. Mail
Kenneth A. Leshen
One Dearborn Square
Suite
550
Kankakee, IL 60901
Fax: (815) 933-3397
Representing Petitioner in PCB 03-125
Via U.S. Mail
George Mueller
George Mueller, P.C.
501 State Street
Ottawa, IL 61350
Fax: (815) 433-4913
Representing Petitioner
in PCB 03-133
Via U. S. Mail
Leland Milk
6903 S. Route
45-52
Chebanse, IL 60922-5 153
Interested Party
Via U.S. Mail
Charles Helston
Richard Porter
Hinshaw & Culbertson
100 Park Avenue
P.O. Box 1389
Rockford, Illinois 61105-1389
Fax: (815) 490-4901
Representing
Kankakee
County Board
Via U. S. Mail
Patricia O’Dell
1242 Arrowhead Drive
Bourbonnais, IL 60914
Interested Party
Via U.S. Mail
Keith Runyon
1165 Plum Creek Drive
Bourbonnaise, IL 60914
Fax: (815) 937-9164
Petitioner in PCB 03-135
Via U.S. Mail
L.
Patrick Power
956
North Fifth Avenue
Kankakee, IL 60901
Fax: (815) 937-0056
Representing Petitioner in PCB 03-125
Via U.S. Mail
Elizabeth S. Harvey, Esq.
Swanson, Martin & Bell
One IBM Plaza, Suite 2900
330 North Wabash
Chicago, IL 60611
Fax: (312) 321-0990
Representing
Kankakee County Board
Via Hand Delivery
Bradley P. Halloran
Illinois Pollution Control Board
James R. Thompson Center, Ste. 11-500
100 W. Randolph Street
Chicago, IL 60601
Hearing Officer
~
Alesia Mansfiel
(1
Printed on Recycled Paper
CLERl~5
OFF!C
65448-POH
I4Uij
4 2003
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
~,
iATE OF ILLINOIS
MICHAEL WATSON,
Pollution
Cuntrol
Board
Petitioner,
No. PCB 03-134
vs.
(Pollution Control Facility Siting
Appeal)
COUNTY BOARD OF
KANKAKEE
COUNTY, ILLINOIS, and WASTE
Consolidated With PCB 03-125, 03-133,
MANAGEMENT OF
03-135)
ILLINOIS, INC.,
Respondent.
PETITIONER WATSON’S NOTICE OF INTENT TO FILE A RESPONSE TO
COUNTY BOARD OF KANKAKEE’S AND COUNTY OF
KANKAKEE’S
MOTION TO COMPEL PAYMENT OF
RECORD
COSTS
NOW COMES the Petitioner, Michael Watson (Watson), and for his Response to the
County Board of Kankakee’s and County of Kankakee
‘
s (hereinafter collectively referenced as
“County Board”) Motion to Compel Payment of Record Costs, states as follows:
1. On July 30, 2003, the County Board filed a Motion to compel payment of a pro-rata
share of the certification on appeal from the City of Kankakee and Michael Watson,
individually.
This Notice of Intent to File a Response addresses only the County Board’s
Motion as relates to Mr. Watson, as the County Board incorrectly has sought payment for
certifying the record on appeal from a citizen who is exempt from such payment under Section
39.2(n) of the Illinois Environmental Protection Act.
2. Petitioner Watson intends to utilize the fourteen (14) day time period allowed for a
response to a motion, pursuant to 101.500(d) of the Illinois Pollution Control Board Rules.
Since Waste Management of Illinois, Inc., on or about August 1, 2003, filed a waiver of the
statutory decision deadline until September 4, 2003, the statutory deadline does not require that
the Illinois Pollution Control Board make a decision in this matter, or on the County Board’s
Motion, until subsequent to the fourteen (14) day response period of Section 101.00(d).
WHEREFORE, Michael Watson respectfully provides notice to the Illinois Pollution
Control Board that it intends to file a Response to the Motion, within the timeframe provided
under Section 101.500(d) of the Illinois Pollution Control Board Rules, and that such
timeframe does not end until August 13, 2003, which occurs after the Illinois Pollution Control
Board meeting scheduled for August 7, 2003. Therefore, Petitioner Watson respectfully
requests the Illinois Pollution Control Board not render a decision on the County Board’s
Motion to Compel until after August 13, 2003.
Dated: August 4, 2003
Respectfully Submitted,
PETITIONER MICHAEL WATSON
By:____________
e
his
Jennifer J. Sackett Pohlenz
QUERREY & HARROW,
LTD.
175 W. Jackson, Suite 1600
Chicago, Illinois 60604
(312) 540-7000
Attorneys for Michael Watson
Illinois Attorney No. 6225990
2
Printed on Recycled Paper