1. NOTICE OF FILING
      2. City of Kankakee’s Motion to Compel
      3. MOTION TO COMPEL
      4. AFFIDAVIT OF SERVICE
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
TJI1~CITY OF KANKAKEE, an Illinois
)
L\PR
252003
Minicipal Corporation
)
)
STATE OF ILLINOIS
Petitioner
)
Pollution Control Board
v.
)
No. PCB 03-125
)
COUNTY OF KANKAKEE, a body politic and
)
(Third-Party Pollution Control Facility
Corporate; KANKAKEE COUNTY BOARD;
)
Siting Appeal)
And WASTE MANAGEMENT OF ILLINOIS,
)
INC.,
)
Respondent
)
)
MERLIN KARLOCK,
)
Petitioner
)
)
v.
)
No. PCB 03-133
COUNTY OF KANKAKEE, a body politic and
)
(Third-Party Pollution Control Facility
Corporate; KANKAKEE COUNTY BOARD;
)
Siting Appeal)
And WASTE MANAGEMENT OF ILLINOIS,
)
INC.,
)
Respondent
)
)
MICHAEL WATSON,
)
Petitioner
)
)
v.
)
No. PCB 03-134
COUNTY OF KANKAKEE, a body politic and
)
(Third-Party Pollution Control Facility
Corporate; KANKAKEE COUNTY BOARD;
)
Siting Appeal)
And WASTE MANAGEMENT OF ILLINOIS,
)
INC.,
)
Respondent
)
KEITH RUNYON,
)
Petitioner
)
)
v.
)
No. PCB 03-135
COUNTY OF KANKAKEE, a body politic and
)
(Third-Party Pollution Control Facility
Corporate; KANKAKEE COUNTY BOARD;
)
Siting Appeal)
And WASTE MANAGEMENT OF ILLINOIS,
)
INC.,
)
Respondent
)
)
WiI~STEMANAGEMENT OF ILLINOIS
)
INC.,
)
Petitioner
)
)
v.
)
No.
PCB 03-144
)
(Pollution Control Facility
COUNTY OF
KANKAKEE,
)
Siting Appeal Consolidated)
)
Respondent
)
NOTICE OF FILING
To:
See Attached Service List
PLEASE TAKE NOTICE that on April 24, 2003 there caused to be filed via U.S. Mail
with the Illinois Pollution Control Board an original and 9 copies ofthe following document, a
copy of which is attached hereto:
City of Kankakee’s Motion to Compel
Respectfully submitted,
The City ofKanka
By:
____________
Attorney for City of Kank ee
Prepared by:
L. Patrick Power #2244357
Corporate Counsel
956
North
Fifth Ave.
Kankakee, IL 60901
(815)
937-6937
2
RECEl~VED
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD CLERK’S OFFICE
I\PR
252003
THE CITY OF KANKAKEE, an Illinois
)
Municipal Corporation
)
STATE OF ILLINOIS
)
Pollution Control Bo~rrd
Petitioner
)
v.
)
No. PCB 03-125
)
COUNTY OF KANKAKEE, a body politic and
)
(Third-Party Pollution Control Facility
Corporate; KANKAKEE COUNTY BOARD;
)
Siting Appeal)
And WASTE MANAGEMENT OF ILLINOIS,
)
INC.,
)
Respondent
)
)
I~4ERLINKARLOCK,
)
Petitioner
)
)
v.
)
No. PCB 03-133
COUNTY OF KANKAKEE, a body politic and
)
(Third-Party Pollution Control Facility
Corporate; KANKAKEE COUNTY BOARD;
)
Siting Appeal)
Arid WASTE MANAGEMENT OF ILLINOIS,
)
INC.,
Respondent
)
)
MICHAEL WATSON,
)
Petitioner
)
)
V.
)
No. PCB 03-134
COUNTY OF KANKAKEE, a body politic and
)
(Third-Party Pollution Control Facility
Corporate; KANKAKIEE COUNTY BOARD;
)
Siting Appeal)
And WASTE MANAGEMENT OF ILLINOIS,
)
INC.,
)
Respondent
)
KEITH RUNYON,
)
Petitioner
)
)
v.
)
No. PCB 03-135
COUNTY OF KANKAKEE, a body politic and
)
(Third-Party Pollution Control Facility
Corporate; KANKAKEE COUNTY BOARD;
)
Siting Appeal)
And WASTE MANAGEMENT OF ILLINOIS,
)
INC.,
)
Respondent
)
)
WASTE
MANAGEMENT OF ILLINOIS
)
INC.,
)
Petitioner
)
)
v.
)
No. PCB 03-144
)
(Pollution Control Facility
COUNTY OF
KANKAKEE,
)
Siting Appeal Consolidated)
)
Respondent
)
MOTION TO COMPEL
Now comes City of Kankakee, a Municipal Corporation, (“City”), by and through its
attorneys, L. Patrick Power and Kenneth A. Leshen, Assistant City Attorneys, and moves Illinois
Pollution Control Board to compel the County ofKankakee to produce any and all invoices of
Hinshaw & Culbertson which it sent as part of its representation of the County in the siting
procedure which is the subject matter ofthis action and in support thereof, states as follows:
1.
County of Kankakee was served with document requests, which included a
demand for the invoices ofHinshaw & Culbertson referred to above.
2.
That pursuant to an Order ofthis Court filed on April 17, 2003, Kankakee County
was directed to produce said invoices.
3.
That County ofKankakee delivered to City a packet of documents which purports
to be in compliance with Illinois Pollution Control Board’s Order ofApril 17, 2003.
4.
That the discovery packet referred to in the above paragraph did not include any
invoices of Hinshaw & Culbertson.
5.
That City believes that such invoices do exist because ofinformation contained in
Defendant’s Amended Answers to City ofKankakee’s Interrogatories at page
5
thereof wherein
County ofKankakee in pertinent part states as follows:
“. . .
To the extent said Interrogatory is limited to communications
between Waste Management of Illinois, Inc., and the County after August
16, 2002, and prior to the decision date; none other than the
2
communications held on the public record, and procedural non-substantive
communications between Special State’s Attorney of Kankakee county
and the attorneys of Waste Management of Illinois, which would be
reflected in the invoices of Hinshaw & Culbertson, and the
communications of Elizabeth Harvey with counsel of WMII which are
part ofthe public record, if any.
. .
6.
The “invoices of Hinshaw & Culbertson” referred to in that answer were not
contained in the discovery documents supplied by County and further, to the best of City’s
acknowledge, were never made part ofthe public record.
WHEREFORE, City ofKankakee, prays that the County ofKankakee be compelled to
deliver all of its invoices of Hinshaw & Culbertson sent to the County as part of this siting
procedure.
Respectfully submitted,
By:
The City ofKankakee
By its attorneys, L. Patrick
Power and Kenneth A.
Leshen, Assistant City
Attorneys
Prepared by:
L. Patrick Power and
Kenneth A. Leshen, Assistant
City Attorneys
956 N. Fifth
Kankakee, IL 60901
937- 6937
Reg. No. 03127454
Reg. No. 2244357
The City
3
AFFIDAVIT OF SERVICE
The undersigned, pursuant to the provisions ofSection 1-109 ofthe Illinois Code
ofCivil Procedure, hereby under penalty ofperjury under the laws of the United States of
America, certifies that on April 24, 2003, a copy ofthe foregoing City ofKankakee’s
Motion to Compel
was served upon:
Dorothy
M. Gunn, Clerk
Illinois Pollution
Control
Board
James Thompson Center
100 W. Randolph St., Suite 11-500
Chicago, IL 60601-3218
Charles F. Helsten
Attorney at Law
P.O. Box 1389
Rockford, IL 61105-1389
Fax:
(815)
963-9989
Kenneth Leshen
OneDearborn Square, Suite
550
Kankakee,IL 60901
(815) 933-3385
(815)
933-3397
Fax
George Mueller
Attorney at
Law
501 State Street
Ottawa, IL 61350
(815)
261-2149
(815)
433-4913 Fax
Keith Runyon
1165 Plum Creek Dr. #D
Bourbonnais, IL 60914
(815)
937-9838
(815) 937-9164 Fax
Donald J. Moran
Attorney at Law
161 N. Clark, Suite 3100
Chicago, IL 60601
(312) 261-2149
(312)261-1149 Fax
Elizabeth Harvey, Esq.
One
IBM Plaza, Suite 2900
330 N. Wabash
Chicago, IL 60611
(312) 321-9100
(312) 321-0990
Fax
Jennifer J. Sackett Pohlenz,
Attorney at Law
175 W. Jackson Blvd., Suite 1600
Chicago, IL 60604
(312) 540-7540
(312) 540-0578 Fax
Leland Milk
6903 S. Route
45-52
Chebanse, IL 60922
Patricia O’Dell
1242 Arrowhead Dr.
Bourbonnais, IL 60914
Brad Halloran, Hearing Officer
Illinois Pollution Control Board
100 W. Randolph St., Suite 11-500
Chicago, IL 60601-3218
Fax: (312) 814-3669
By depositing a copy thereof, enclosed in an envelope in the
United States Mail at Kankakee,
Illinois, proper postage prepaid, before the hour of 6:00,~.m.,on
24th
day of
April 2003,
addressedasabove.
£~::;;~~
Prepared by: L~ak~.~3°20O5
Assistant City Attorney
956 N. Fifth Avenue
Kankakee, IL 60901
(815) 937-6937
Kenneth A. Leshen
Assistant City Attorney
One Dearborn Square, Suite
550
Kankakee, IL 60901
(815)933-3385’
ofApril 2003.

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