CLERic’s OF.F~CE
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
DEC
22003
UNITED DISPOSAL OF BRADLEY, INC.,
S~AUEOF ILLINOIS
and MUNICIPAL TRUST & SAVINGS BANK,
Pollution Control
Board
as Trustee Under Trust 0799,
Petitioners,
No.
PCB
03-235
V.
(Permit Appeal
-
Land)
ILLINOIS ENVIRONMENTAL PROTECTION
AGENCY,
Respondent.
NOTICE OF FILING
To:
Please see attached Service List
PLEASE TAKE NOTICE that on December 2, 2003, we filed with the Illinois Pollution
Control Board the following documents:
(1) PETITIONERS’ UNITED DISPOSAL OF
BRADLEY, INC.’S AND MUNICPAL
TRUST & SAVINGS BANK’S MOTION TO THE
HEARING OFFICER FOR LEAVE TO FILE THEIR MOTION FOR SUMMARY
JUDGMENT
INSTANTER;
AND
(2), PETITIONERS UNITED DIS1~’OSALOF
BRADLEY, INC.’S AND MUNICIPAL TRUST & SAVINGS BANK’S MOTION FOR
SUMMARY JUDGMENT,
copies of which are attached hereto and served upon you.
Dated: December 2, 2003
Respectfully submitted,
UNITED DISPOSAL OF BRADLEY, INC., and
MUNICIPAL TRUST & SAVINGS BANK, as
Trustee Under Trust 0799
Jennifer J. Sackett Pohlenz
David E. Neumeister
QUERREY & HARROW, LTD.
By:
175 W. Jackson Blvd., Suite 1600
One
t ir atto e~s
Chicago, Illinois 60604
Phone: (312) 540-7000
PROOF OF
SERVICE
I, Ronnie Faith,* a non-attorney, certify that I served the following documents on the above
referenced persons, by hand delivery, facsimile, and/or by depositing a copy in the U.S. mail at
175 W. Jackson, Chicago, Illinois (with proper postage prepaid and addressed to the address shown
on the attached Service List, and/or at the facsimile number show on the attached Service List, as
applicable), at or prior to the hour of 4:30 p.m. on December 2, 2003, as referenced in the attached
Service List.
*Under penalties as provided by law pursuant to Ill. Rev. Stat. Chap.1 1O-~1-1O9
I certify that the statements set forth herein are true and correct.
~
~-tQ~
Printed on Recycled Paper
BEFORE THE ILLiNOIS POLLUTION CONTROL BOARD
UNITED DISPOSAL OF BRADLEY, INC.,
and MUNICIPAL TRUST & SAVINGS BANK,
as Trustee Under Trust 0799,
V.
Petitioners,
No. PCBO3-235
(Permit Appeal
-
Land)
ILLINOIS ENVIRONMENTAL PROTECTION
AGENCY,
Respondent.
SERVICE LIST
Dorothy M. Gunn, Clerk
Illinois Pollution Control Board
James R. Thomspon Center
100 West Randolph
Suite 11-500
Chicago, IL 60601
Via Hand Delivery
9 COPIES and 1 ORIGINAL
JohnJ. Kim
Assistant Counsel
Special Asst. Attorney General
Division of Legal Counsel
1021 North Grand Avenue, East
P.O. Box 19276
Springfield, IL 62794-9276
Via
U.S. Mail wit/s Exhibits and
Via Facsimile withoutExhibits
Carol Sudman, Hearing Officer
Illinois Pollution Control Board
1021 North Grand Avenue, East
P.O. Box 19274
Springfield, IL 62794-9274
Via
U.S.
Mail with Exhibits
Joel J. Sternstein
Assistant Attorney General
Environmental Bureau
188 W. Randolph St.,
20th
Floor
Chicago, Illinois 60601
Via
U.S.
Mail wit/s Exhibits
~~CE~~/ED
CLERK’S OFFICE
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
DEC
2 2003
UNITED DISPOSAL OF BRADLEY, INC.,
STATE OF ILLINOIS
and MUNICIPAL TRUST & SAVINGS BANK,
Pollution Control Board
as Trustee Under Trust 0799
No. PCB 03-235
Petitioners,
(Permit Appeal
-
Land)
V.
ILLINOIS ENVIRONMENTAL PROTECTION
AGENCY,
Respondent.
PETITIONERS UNITED DISPOSAL OF BRADLEY,
INC’S.
AND MUNICIPAL TRUST & SAVINGS BANK’S
MOTION TO
THE HEARiNG
OFFICER FOR LEAVE TO FILE
THEIR MOTION FOR SUMMARY JUDGMENT
INSTANTER
Petitioners UNITED DISPOSAL OF BRADLEY, INC. and MUNICIPAL TRUST &
SAVINGS BANK, as Trustee Under Trust 0799, by and through their attorneys, Jennifer J.
Sackett Pohlenz and David E. Neumeister of QUERREY & HARROW, Ltd., move the Illinois
Pollution Control Board Hearing Officer, pursuant to IPCB Rule 101.502(a), to enter an order
granting leave to file
instanter
Petitioners’ United Disposal of Bradley, Inc.’s and Municipal
Trust & Savings Bank’s Motion for Summary Judgment. In further support of their motion,
Petitioners state as follows:
1.
Pursuant to the Hearing Officer’s Order dated November 24, 2003, the deadline for
the parties in this action to file motions for summaryjudgment was December 1, 2003.
2. The attorney for the Respondent contacted the attorney for the Petitioner and
requested to extend that deadline one day, to December 2, 2003, and the Petitioners have no
objection to that request, so long as the extension is applied mutually for the benefit of both
Petitioners and Respondent.
Printed on Recycled Paper
3. Additionally, due to other work commitments and an unplanned and unexpected
business meeting requiring Petitioners’ attorney, Jennifer J. Sackett Pohlenz, to be out of the
office from approximately 12:30 p.m. to close of business on December 1, 2003, Petitioners
likewise required the additional day, until December 2, 2003, to file their Motion for Summary
Judgment.
4.
No prejudice will result to any party if this Motion is granted.
5. None ofthe other briefing deadlines need to be changed as a result ofthis Motion.
6. Based on its initiation of the request to extend the deadline from December 1 to
December 2, 2003, Petitioner understands that Respondent has no objection to this Motion and,
in fact, is filing its own Motion in this regard.
WHEREFORE, Petitioner, United Disposal of Bradley, Inc. and Municipal Trust &
Savings Bank as Trustee Under Trust 0799, respectfully request the Illinois Pollution Control
Board Hearing Officer enter an Order granting this Motion for Leave and allowing Petitioners’
Motion for Summary Judgment to be filed
instanter.
Dated: December 2, 2003
Respectfully submitted,
UNITED DISPOSAL OF BRADLEY, INC. and
MUNICIPAL TRUST & SAVINGS BANK, AS
TRUSTEE UNDER TRUST 0799
By:__________________________
(9p~
ofth~jfa~~~fneys
Jennifer J. Sackett Pohlenz
David E. Neumeister
Querrey & Harrow, LTD.
175 W. Jackson Blvd., Suite 1600
Chicago, Illinois 60604
Phone: (312) 540-7000
Fax: (312) 540-0578
2
Printed on Recycled Paper
Due to the volume of this pleading,
please contact the Clerk’s Office
at
312/814—3629
to view this file.