BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
    WASTE MANAGEMENT OF ILLINOIS,
    INC."
    Petitioner,
    v.
    COUNTY BOARD OF KANKAKEE
    COUNTY, ILLINOIS,
    Respondent.
    )
    )
    )
    )
    )
    )
    )
    )
    )
    )
    )
    PCB
    No.
    04-186
    (pollution Control Facility Siting
    Appeal)
    NOTICE OF FILING
    TO:
    AU Attorneys ofRecord
    PLEASE TAKE NOTICE THAT on March
    20, 2008, I electronically filed
    with
    the Illinois
    Pollution Control Board, Chicago, lllinois, the attached
    County Board of Kankakee County's
    Supplemental Response in Opposition to Waste Management of Illinois' Motion to
    Reconsider, a
    copy ofwhich is herewith served upon you.
    Illinois opposes Waste Management'sMotion to Reconsider.
    Dated:
    March 20, 2008
    Charles
    F. Heisten
    Hinshaw
    &
    Culbertson LLP
    100 Park Avenue
    P.O. Box 1389
    Rockford, IL 61105-1389
    815-490-4900
    Respectfully submitted,
    On behalf
    of County Board ofKankakee
    County, lllinois
    lsi
    Charles F. Heisten
    Charles
    F. Heisten
    One
    of Its Attorneys
    Electronic Filing - Received, Clerk's Office, March 20, 2008
    BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
    WASTE
    MANAGEMENT OF ILLINOIS,
    INC.,
    Petitioner,
    v.
    COUNTY BOARD OF KANKAKEE
    COUNTY, ILLINOIS,
    Respondent.
    )
    )
    )
    )
    )
    )
    )
    )
    )
    )
    )
    PCB No. 04-186
    (Pollution Control Facility Siting
    Appeal)
    COUNTY BOARD
    OF KANKAKEE COUNTY'S SUPPLEMENTAL RESPONSE IN
    OPPOSITION TO WASTE MANAGEMENT OF ILLINOIS'MOTION TO
    RECONSIDER
    Respondent, County Board of Kankakee County, Illinois ("Kankakee County Board"),
    files this supplement
    to its previously tendered Response in Opposition to the Motion to
    Reconsider filed
    by Waste Management of Illinois, Inc. ("Waste Management"), stating as
    follows:
    1.
    On March 5, 2008, Waste Management filed a Motion to Reconsider asserting
    that the Board incorrectly utilized the "manifest weight
    of the evidence" standard when it
    reviewed the decision
    by the local siting authority in this appeal, as a result of
    Town
    &
    Country
    Utilities, Inc.
    v. Illinois Pollution Control
    Rd.,
    225 ll1.2d 103 (2007).
    2.
    On March 19,2008, the Kankakee County Board filed a Response in Opposition
    to Waste Management'sMotion to Reconsider.
    3.
    Subsequent to the filing of its Response
    in
    Opposition, it has come to the attention
    of the Kankakee County Board that the Board previously considered and expressly rejected the
    argument presently being asserted
    by Waste Management in its Motion to Reconsider that the
    Board should not employ the "manifest weight
    of the evidence" standard when reviewing a local
    10556409v1 842014
    Electronic Filing - Received, Clerk's Office, March 20, 2008
    siting authority's decision as a result of
    Town
    &
    Country. See Peoria Disposal Co. v. Peoria
    County
    Bd.,
    PC B 06-184 at p.26 (June 21, 2007).
    4.
    The Kankakee County Board accordingly supplements and reiterates its
    previously tendered response opposing the Motion to Reconsider
    by citing
    Peoria Disposal Co.
    v.
    Peoria County Bd.,
    PC B 06-184 at p.26 (June 21, 2007) as further support for the Board's
    correct application
    of the manifest weight ofthe evidence standard.
    Dated:
    March 20, 2008
    Charles F. Helsten
    Hinshaw & Culbertson
    LLP
    100 Park Avenue
    P.O. Box 1389
    Rockford, IL 61105-1389
    815-490-4900
    Respectfully submitted,
    On behalf of County Board of Kankakee
    County, lllinois
    lsi
    Charles F. HeIsten
    Charles F. Heisten
    One of Its Attorneys
    This document utilized 1001"0 recycled paper products.
    70556409v1842014
    Electronic Filing - Received, Clerk's Office, March 20, 2008
    AFFIDAVIT OF SERVICE
    The undersigned, pursuant to the provisions of Section 1-109 ofthe Illinois Code of Civil
    Procedure, hereby under penalty
    of perjury under the laws of the United States of America,
    certifies that on March 20, 2008, a copy
    ofthe foregoing was served upon:
    (Via Electronic Filing)
    (Via E-Mail)
    Mr. John T. Therriault
    Jamie
    Boyd
    lllinois Pollution Control Board
    Brenda Gorski
    100
    W. Randolph, Suite 11-500
    Kankakee County State'sAttorney
    Chicago, IL 60601
    450 East Court Street
    Kankakee, IL 60901
    (Via E-Mail)
    (Via U.S. Mail)
    George Mueller
    Christopher Bohlen
    George Mueller, P.C.
    Bannann, Kramer
    &
    Bohlen, P.C.
    609 Etna Road
    300 East Court Street, Suite 502
    Ottawa,
    IL 61350
    P.O. Box 1787
    Kankakee, IL 60901
    (Via E-Mail)
    (Via E-Mail)
    Kenneth A. Bleyer
    Keith Runyon
    3105 N. Ashland Ave. #334
    1165 Plum Creek Drive
    Chicago, IL 60657-3013
    Bourbonnais, IL 60914
    (Via E-Mail)
    (Via U.S. Mail)
    Elizabeth Harvey
    Jennifer Sackett Pohlenz
    Swanson,
    Martin
    &
    Bell
    David
    Flynn
    One IBM Plaza - Suite 3300
    Querry
    &
    Harrow
    330
    N. Wabash
    175
    W. Jackson Blvd., Suite 1600
    Chicago, IL 60611
    Chicago, IL 60604-2827
    (Via E-Mail)
    (Via E-Mail)
    Brad Halloran
    Don Moran
    Hearing Officer
    Pedersen
    &
    Houpt
    Illinois Pollution Control Board
    161 N. Clark Street
    100 West Randolph,
    11th Floor
    Suite 3100
    Chicago, IL 60601
    Chicago, IL 60601-3224
    (Via E-Mail)
    (Via U.S. Mail)
    Karl Kruse
    Bruce Clark
    Kankakee County Board
    Kankakee County Board
    189
    E. Court Street
    189 E. Court Street
    Kankakee,IL 60901
    Kankakee,
    II.., 60901
    Electronic Filing - Received, Clerk's Office, March 20, 2008
    Via E-Mail or By depositing a copy thereof, enclosed
    in
    an envelope in the United States Mail at
    Rockford" Illinois, proper postage prepaid, before the hour
    of5:00 P.M., addressed as above.
    lsi
    Joan Lane
    HlNSHAW
    &
    CULBERTSON
    100 Park Avenue
    P.O. Box 1389
    Rockford, illinois 61101-1389
    (815) 490-4900
    Electronic Filing - Received, Clerk's Office, March 20, 2008

    Back to top