BEFORE

THE ILLINOIS

CLERK’S

AUG 282003

OFFICE

POLLUTION CONTROL BOAR)

Citizens Against Landfill Expansion.

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Petitioners

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v.

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American Disposal Services ofIllinois, Inc.

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No. PCB 03-236

Respondent,

)

)

Bradley Halloran,

and

)

Hearing Officer

)

Livingston County Board, Livingston County,

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Iffinois. Respondent

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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 Petitioner to 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

partieswill 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 ofdiscovery, i,e., evaluation ofresponses prior

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to identification ofwitnesses. On the other band, it is burdensome to CALE 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-filing contacts as County ofKankakee v. City of Kankakee, 2003 WL

137451 (III. Pol. Control Bd. January

9,

2003).

Respectthhly submitted,

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Carolyn K~’~erwin, Attorney at Law

Counsel f& Citizens Against LandfillExpansion

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,! electronically transmitted the foregoing

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

to:

Brad Halloran

Douglas E. Lee

Larry M. Clark

Claire Manning

George Mueller

C. Thomas Blakeman

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

Brad Halloran, Hearing Officer

Pollution ControlBoard

100 West Randolph Street

James R. Thompson Center, Suite 11-500

Chicago, Illinois 60601-3218

Douglas E. Lee

Ehrmann, Gehibach, Badger & Lee

215 E. First Street, Suite 100

P.O. Box447

Dixon, Illinois 61021

Larry M. Clark

Suite 200

700 North Lake Street

Mundelein IL 60060

Furthermore, on August 27, 2002,1 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 Gunn, Clerk

Pollution Control Board

100 West Randolph Street

James R. Thompson Center, Suite 11-500

Chicago, Illinois 60601-3218

Carolyn Ic4JGerwin