RECEIVED
CLERK’S OFFICE
BEFORE THE ILLINOIS POLLUTION CONTROL
BOARD
MAY
172004
STATE OF ILLINOIS
Pollution Control Board
WASTE MANAGEMENT OF ILLINOIS, INC.,
)
)
Petitioner,
)
)
No. PCB 04-186
vs.
)
(Pollution Control Facility
)
Siting Appeal)
COUNTY BOARD OF KANKAKEE COUNTY,
)
ILLINOIS,
)
)
Respondent.
)
RESPONDENT’S ANSWER TO WASTE MANAGEMENT’S PETITION
FOR HEARING TO CONTEST SITE LOCATION DENIAL
NOW COMES, Respondent, COUNTY BOARD OF KANKAKEE COUNTY,
ILLINOIS, and as and for its Answer to Waste Management of Illinois, Inc.’s Petition for
Hearing to Contest Site Location Denial (hereinafter “Waste Management’s Petition for
Hearing”) states as follows:
1.
Respondent, County Board of Kankakee County, Illinois, admits the allegations
contained in Paragraph 1 ofWaste Management’s Petition forHearing.
2.
Respondent, County Board of Kankakee County, Illinois, admits the allegations
contained in Paragraph 2 ofWaste Management’s Petition for Hearing.
3.
Respondent, County Board of Kankakee County, Illinois, admits the allegations
contained in Paragraph 3 ofWaste Management’s Petition for Hearing.
4.
Respondent, County Board of Kankakee County, Illinois, admits the allegations
contained in Paragraph 4 ofWaste Management’s Petition for Hearing.
5.
Respondent, County Board of Kankakee County, Illinois, admits the allegations
contained in Paragraph
5
ofWaste Management’s Petition for Hearing.
70407876v1 833658
6.
Respondent, County Board of Kankakee County, Illinois, admits that Waste
Management submitted a motion to renew consideration of its• 2003 Application; however,
Respondent denies that the County Board of Kankakee County, Illinois agreed to consider the
motion the motion, as alleged in Paragraph 6 of Waste Management’s Petition for Hearing.
Rather, the County Board was deadlocked, in a 13-13 vote, on whether the consider the motion.
Respondent further affirmatively asserts that the motion to renew has not been reviewed or
placed on the County Board’s agenda.
7.
Respondent, County Board of Kankakee County, Illinois, admits that Waste
Management contests the County Board’s March 25 decision, but denies that the County Board’s
decision was fundamentally unfair, unsupported by the record or against the manifest weight of
the evidence, as alleged in Paragraph 7 ofWaste Management’s Petition for Hearing.
8.
Respondent, County Board of Kankakee County, Illinois, lacks sufficient
information to admit or deny the allegations contained in Paragraph 8 of Waste Management’s
Petition for Review.
DATED:
~
I
‘3
COUNTY BOARD OF KAMAKEE COUNTY,
ILLiNOIS,
,/BY: HIt~~~ULBERTSON
/
Charie~F.
Firm No.
695
~
HINSHAW & CULBERTSON
100 Park Avenue
P.O. Box 1389
Rockford, IL 61105-1389
(815)
490-4900
70407876v1 833658
AFFIDAVIT OF SERVICE
The undersigned, pursuant to the provisions of Section 1-109 of the Illinois Code of Civil
Procedure, hereby under penalty ofperjury under the laws ofthe United States ofAmerica, certifies that
on May
/3
,
2004, a copy ofthe foregoing was served upon:
DorothyM. Gunn, Clerk
flhinois Pollution Control Board
James R. Thompson Center
100 West Randolph Street, Suite 11-500
Chicago, IL 6060 1-3218
Donald Moran
Pedersen & Houpt
161 N. Clark Street, Suite 3100
Chicago, IL 60601
312/641-6888
George Mueller
George Mueller, P.C.
501 State Street
Ottawa, IL 61350
Kenneth A. Bleyer
923 W. Gordon Ter., #3
Chicago, IL 60613-2013
773/348-4005
Elizabeth Harvey
Swanson, Martin & Bell
One IBM Plaza
—
Suite 3300
330 N. Wabash
Chicago, IL 60611
Edward Smith
Kankakee County State’s Attorney
450 East Court Street
Kankakee,IL 60901
Christopher Bohien
Barmann, Kramer & Bohien, P.C.
200 East Court Street, Suite
502
Kankakee, IL 60914
Keith Runyon
1165 Plum Creek Drive
Boubannais, IL 60914
70407894v1 833658
Jennifer Sackett Pohlenz
David Flynn
Queny & Harrow
175 W. Jackson Blvd., Suite 1600
Chicago, IL 60604-2827
By depositing a copy thereof, enclosed in an envelope in the United States Mail at Rockford,, Illinois,
proper postage prepaid, before the hourof 5:00 P.M., addressed as above.
HINSHAW & CULBERTSON
100 Park Avenue
P.O. Box 1389
Rockford, Illinois 61101-1389
(815) 490-4900
70407894v1 833658
