BEFORE THE ILLINOIS

RECEiVED

POLLUTION CONTROL BOARD

CLERK’S

(~)F~T~

Citizens Agamst Landfill Expansion,

)

AUG 27 2003

Petitioners

)

STATh OF ILLINOIS

)

Pollution Control Board

v.

)

)

American Disposal Services ofIllinois, Inc.

)

No. PCB 03-236

Respondent,

)

)

Bradley Halloran,

and

)

Rearing Officer

)

Livingston County Board, Livingston County,

Illinois, Respondent

)

PETITIONER’S

RESPONSE

TO

AMERICAN

DISPOSAL’S MOTION TO COMPEL

Petitioner Citizens Against Landfill Expansion, an unincorporated

association ofresidents ofLivingston County (hereinafter “Petitioner” or “CALE”),

through its attorney Carolyn K. Gerwin, hereby responds to Respondent American

Disposal Services ofIllinois, Inc.’s (“American Disposal’s”) Motion to Compel.

Petitioner maintains that it is premature for Petitionerto designate witnesses when

Respondents have failed to answer interrogatories and have not produced the documents

requested. Moreover, Respondent County Board has not responded to the interrogatory

that would have clarified the facts relating to CALE’s requests for admissions. As the

Hearing Officer stated in the conference status call ofAugust

25,

2003, afterthe Motions.

to Compel have been ruled upon, and upon completion ofthat phase ofdiscovery, the

parties will designate witnesses. American Disposal has already requested scheduling of

depositions ofCALE’s key representatives, and the CALE and American Disposal are

proceeding to make arrangements in that regard. Thus, there is no prejudice to American

Disposal in following the traditional order of discovery, i.e., evaluation of responses prior

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to identification ofwitnesses. On the other hand, it is burdensome to CALIE to have to

identify witnesses without at least substantial compliance with CALE’s discovery

requests.

In addition, CALE has identified the citation ofthe PCB opinion confirming the

relevance ofpre-fihing contacts as County ofKankakee v. City ofKankakee, 2003 WL

137451 (Iii. Pol. Control Bd. January 9, 2003).

Respectfully submitted,

CarolynK. Gerwin, Attorney at Law

Counsel for Citizens Against Landfill Expansion

Carolyn K. Gerwin

Attorney at Law

705

South Locust Street

Pontiac, Illinois 61764

(815)

842-2486

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CERTIFICATE OF SERVICE

I hereby certify that on August 27, 2003, I electronically transmitted the foregoing

PETITIONER’S RESPONSE TO AMERICAN DISPOSAL’S MOTION TO COMPEL

to:

Brad Halloran

Douglas B. Lee

LarryM. Clark

Claire Manning

George Mueller

C. Thomas Blakeman

With a hard copy by U.S. Mail to:

Brad Halloran, Hearing Officer

Pollution Control Board

100 West Randolph Street

James R. Thompson Center, Suite 11-500

Chicago, Illinois 60601-3218

Douglas B. Lee

Bhrmann, Gehlbach, Badger & Lee

215 B. First Street, Suite 100

P.O. Box 447

Dixon, flhinois 61021

Larry M. Clark

Suite 200

700 North Lake Street

Mundelein IL 60060

Furthermore, on August 27, 2002, I have sent an original and four copies of (1)

PETITIONER’S RESPONSE TO AMERICAN DISPOSAL’S MOTION TO COMPEL;

(2) PETITIONER’S MOTION TO COMPEL LIVINGSTON COUNTY BOARD and (3)

PETITIONER’S MOTION TO COMPEL AMERICAN DISPOSAL by first class mail,

postage prepaid, to

Dorothy Gumi, Clerk

Pollution Control Board

100 West Randolph Street

James R. Thompson Center, Suite 11-500

Chicago, Illinois 60601-3218

Carolyn K. Gerwin