RECEIvED

CLERK’S OFF~CF

May31, 2005

JUN

022005

TSTATE’OF:tLLtNO~

Pollution.COfltr0I Boarc~

Dorothy Gum.

Clerk

Illinois Póllütion Control Board

100 W. RandàlphSt. Suite 11-500

James R. Thompson Center

Chicago, IL 60601-3218

Case Number 2004-186

Attention: Dorothy Gunn,

IPCB Clerk:

On May

25,

2005 the Kankakee County Board called a special meeting to consider a new

proposal from Waste Management regarding siting an expansion to their landfill near the

Iroquois/Kankakee River. This latest proposal is very different from the Waste

Management appliôation now on appeal in the above case.

At this special meeting the Kankakee County board, with advice from their attorney Mr.

Charles Helsten;

voted to

file astipulation ofremand to the County Board for are vote of

the piesent application which is currently on appeal with the IPCB.

There are no grounds for this stipulation. There was no fundamental unfairness brought

out during the appeal hearing. All the County Board members testified they made their

decision on the record without outside influence from the public. There is no

justificatiOn for this remand request and I respectfully ask that you deny the County’s

stipulation ofremand.

I also request the IPCB to continue the appeal process which has been

in

process for

almost a year and to uphold the County’s denial which was done

in

full compliance ofthe

law.

The 39.2 law requires any new landfillproposals, such as the one presented to the County

BoardM~y25_by~WasteManagement,mustheinadewith&uewapplinatioiiandrequires

a whole new 172 hearing. Therefore Waste Management must make a new application

and a new 172 hearing must be held.

Sincerely,

Darrel

W.

Bruck,

Jr.

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