RECE
    CLERK’S OFFICE
    WED
    JUL 23 2004
    BEFORE
    THE
    ILLINOIS POLLUTION CONTROL BOARD
    PollutionSTATE
    OFControlILLINOIS~oard
    WASTE MANAGEMENT OF ILLINOIS, INC.
    )
    )
    Petitioner,
    )
    )
    No.PCBO4-186
    )
    (Pollution Control Faciliity
    )
    Siting Appeal)
    )
    vs.
    )
    )
    COUNTY OF KANKAKEE COUNTY, ILLINOIS
    )
    )
    Respondent,
    )
    )
    KEITH RUNYON’S MOTION TO INTERVENE. AND
    IN THE ALTERNATIVE,
    MOTION FOR
    LEAVE
    TO
    FILE AN
    AMICUS CURIAE BRIEF
    Now comes Keith Runyon (Runyon), representing himself, pursuant to Illinois Pollution
    Control Board (Board) Rule 101.402, 35111 Adm. Code Section 102.402, requests this Board’s
    leave to intervene in the above captioned matter. Inthe alternative, without waiving and expressly
    reserving all rights (including rights to appeal) concerning Runyon’s motion to intervene, should
    such motion be denied, Runyon seeks leave to file an amicus curiae brief pursuant to section
    1010.1 10©, and in accordance with Section 101 .628© ofthe General Rules ofthe Board. In
    support ofthis motion, Runyon states as follows:
    1. Waste Management of Illinois, Inc. (WMII)filed a site application to expand the Kankakee
    County Landfill on Aug. 16, 2002 (Application 1). After siting proceedings were held, the
    County Board ofthe County ofKankakee, Illinois (Kankakee) approved Application 1.
    However, on appeal to the Illinois Pollution Control Board (Board), that approval was vacated, as
    WWII failed to provide proper pre-filing notice.
    2. WJVHI filed a second application to expand Kankakee County Landfill on September
    26, 2003 and on March 17 ,2004, Kankakee County denied that application.
    WMII now seeks review ofKankakee County’s denial ofApplication II in this
    Pollution Control Facility Siting
    3. Runyon seeks leave to intervene in the Pollution Control Facility
    Siting.Appeal, in defense of the public’s interest.
    4. Movant Runyon participated in both I and II application hearings as an objector and
    represents the majority view of the county community which opposes the siting of
    the proposed facility.
    5.
    County’s Attorney, in his objectionto Mike Watson’s Motion to Intervene,, states the
    following, “The PCB has determined that only an individual protecting the public interest is
    allowedto intervene when the PCB is reviewing a local government’s decision to deny site
    approval”. (Par 23)
    6. Movant Runyon is the Executive Director ofOUTRAGE, a county ofKankakee
    government accountability organization which has broad based community support.
    OUTRAGE was incorporated in 1996 as an Illinois Not-for-Profit organization and
    has been active on a multi-level, multiple issue campaignto make government more
    cost effective and more responsive to the wishes of the community.
    7. Empirical events have demonstrated how accurately OUTRAGE
    positions are reflective of community sentiment. Outrage has openly opposed seven
    public tax referenda issues all ofwhich were voted down by margins of72 to
    29 and 66 to 33.
    8. Movant Runyon’s position on the landfill issue is truly representative of the
    Community’s desire and interest in this matter and is a party who is in support ofthe County
    Board’s majority decision and the public’s desire to deny siting
    9. Runyon argued a case on criteria eight in both landfill siting hearings, based upon applicant’s
    failure to present an application consistent with the County’s Solid Waste Management Plan.
    Presumably, the County will not advance this case in the appeal hearing before the Pollution
    Control Board. Applicant failed to meet the conditions ofthe County’s Solid Waste
    Managementplan which mandates that the public be involved in any landfill consideration from
    the beginning ofthe process
    ,
    including site selection. The applicant failed to comply with this
    key element ofthe County’s Solid Waste Management Plan.
    WHEREFORE, KEITH RUNYON respectfully prays that the Illinois Pollution Control
    Board grants his Motion to Intervene, orin the alternative, grants permission to Runyon to file an
    Amicus Curiae
    brief in this matter.
    Dated: July 21, 20004
    Respectfully Submitted,
    KEITH RUNYON
    By:___________________
    I
    KeithkRunyon \
    I
    Keith Runyon
    A Kankakee County Resident
    1165 Plum Creek Drive, unit D.
    Bourbonnais, 1160914
    Phone
    (815) 937 9838
    Fax (815) 937 9838
    RECEIVED
    CLERK’S OFFICE
    BEFORE THE ILLINOIS POLLUTION CONTROL
    BOARDJULSTATE OF
    232004
    ILLINOIS
    WASTE MANAGEMENT OF
    ILLINOIS, INC.
    )
    1~~’
    Controi Board
    )
    Petitioner,
    )
    No.
    PCB
    04486
    )
    (Pollution Control Facility
    )
    Siting Appeal)
    )
    vs.
    )
    )
    COUNTY OF KANKAKEE COUNTY, ILLINOIS
    )
    )
    Respondent,
    NOTICE OF FILING
    TO: All Attorneys and Parties of Record
    PLEASE TAKE NOTICETHAT on July,21, 2004, Keith L. Runyon filed with the
    Illinois Pollution Control Board, Chicago, Illinois, the attached Motion to Intervene and
    Motion for Leave to File an
    Amicus Curiae
    Brief, a copy of which is herewith served
    upon you.
    DATED,_________
    KEITH L. RUNYON, A PARTY IN
    7
    /
    /
    THISMATTER.
    BY: KEIT,H L. RUNYON
    /2 fl/~
    --~-e~-d~7~’
    ~-~------
    Keit~bL. Runyo~
    7’
    KEITH L. RUNYON
    1165 PLUM CREEK DRIVE, UNIT D.
    BOURBONNAIS, IL. 60914
    PROOF OF SERVICE
    Keith L. Runyon, a non attorney, on oath, certifies that he served the foregoing Notice
    of Filing, and document set forth herein, on the attorneys and participants named on the
    attached service list via U.S. Mail at the Bourbonnais Post Office, Bourbonnais, Ii. this
    218t.day of July. 2004, before 5:00 p.m.
    SERVICE LIST
    Attorneys Charles Heisten,
    Richard Porter and Heather Lloyd
    Hinshaw and Culbertson
    100
    Park
    Avenue
    Rockford, Il. 60115-1389
    815 490 4990
    Fax 815 490 4940
    Ms. Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board
    James R. Thompson Center
    100 West Randolph Street, Suite 11-500
    Chicago, Il 60601
    (312) 814-3620
    Attorney George Mueller
    501 South State Street
    Ottawa, Ii. 61350
    (815) 433-4705
    (815)
    433-4913 FAX
    Donald J. Moran
    Peterson & Houpt
    161 N. Clark Street, Suite 3100
    Chicago, IL 60601-3242
    (312) 261-2149
    (312) 261-1149 FAX
    Kenneth A Leshen
    Leshen & Sliwinski P.C.
    One Dearborn Square, Suite550
    Kankakee,
    Ii. 60901-3927
    (815) 933-3385
    (815) 933 3397 FAX
    Elizabeth S. Harvey, Esq.
    Swanson, Martin &Bell
    One IBM Plaza, Suite 2900
    330 North Wabash, Ave.
    Chicago, Il 60611
    Karen J. Dimond, Asst. Attorney General
    Attorney General of the State of Illinois
    James R. Thompson Center
    100 W. Randolph Street, 12” Floor
    Chicago, II 60601
    L Patrick Power
    956 N. Fifth Avenue.
    Kankakee, Ii 60901
    815 937 6937
    815 937 0994
    Christopher Bohien
    200 E. Court Street, Suite 6002
    P.O. Box 1787
    Kankakee, 11160914
    815 933 3385
    815 933 0094 FAX
    Leland
    Milk
    6903 S. Route, 45-52
    Chebanse, Ii 60922
    Edward
    Smith
    Kankakee County States Attorney
    Kankakee County Admin. Buiding
    189 E. Court Street
    Kankakee, Il 60901
    Patricia O’Dell
    1242 Arrowhead Drive
    Bourbonnais, Il 60914
    Jennifer Sackett Pohlenz
    Querrey
    & Harrow, Ltd.
    175 W. Jackson STE 1600
    Chicago, Ii 60604

    Back to top