BEFORE THE POLLUTION CONTROL BOARD
    OF THE STATE OF ILLINOIS
    KIBLER DEVELOPMENT CORPORATION,
    )
    and MARION RIDGE LANDFILL, INC.,
    )
    Petitioner,
    )
    PCB 07-43
    )
    PCB 05-35
    v.
    )
    (Permit Appeal - Land)
    ILLINOIS ENVIRONMENTAL
    )
    PROTECTION AGENCY,
    )
    Respondent.
    )
    NOTICE
    John Therriault, Acting Clerk
    Carol Webb, Hearing Officer
    Illinois Pollution Control Board
    Illinois Pollution Control Board
    James R. Thompson Center
    1021 North Grand Avenue East
    100 West Randolph Street
    P. O. Box 19274
    Suite 11-500
    Springfield, IL 62794-9274
    Chicago, IL 60601
    Stephen F. Hedinger
    Charles Garnati
    Hedinger Law Officer
    State’s Attorney
    2601 South Fifth Street
    200 Jefferson, Williamson County Courthouse
    Springfield, IL 62703
    Marion, IL 62959
    Jennifer Sackett Pohlenz
    Querrey & Harrow
    75 West Jackson Boulevard
    Suite 1600
    Chicago, IL 60604-2827
    PLEASE TAKE NOTICE that I have today filed with the office of the Clerk of the Pollution Control
    Board a
    MOTION FOR LEAVE TO FILE RESPONSE
    and a
    RESPONSE TO PETITIONERS’ MOTION
    TO RECONSIDER
    , copies of which are herewith served upon you.
    Respectfully submitted,
    ILLINOIS ENVIRONMENTAL PROTECTION AGENCY,
    Respondent
    ____________________________
    Melanie A. Jarvis
    Assistant Counsel, Special Assistant Attorney General
    Division of Legal Counsel
    1021 North Grand Avenue, East P.O. Box 19276
    Springfield, Illinois 62794-9276
    217/782-5544
    217/782-9143 (TDD)
    Dated: September 29, 2008
    Electronic Filing - Received, Clerk's Office, September 30, 2008
    CERTIFICATE OF SERVICE
    I, the undersigned attorney at law, hereby certify that on September 29, 2008, I served true and correct
    copies of a
    MOTION FOR LEAVE TO FILE RESPONSE
    and a
    RESPONSE TO PETITIONERS’
    MOTION TO RECONSIDER
    via the Board’s COOL System and by placing true and correct copies thereof in
    properly sealed and addressed envelopes and by depositing said sealed envelopes in a U.S. Mail drop box located
    within Springfield, Illinois, with sufficient First Class postage affixed thereto, upon the following named persons:
    John Therriault, Acting Clerk
    Carol Webb, Hearing Officer
    Illinois Pollution Control Board
    Illinois Pollution Control Board
    James R. Thompson Center
    1021 North Grand Avenue East
    100 West Randolph Street
    P. O. Box 19274
    Suite 11-500
    Springfield, IL 62794-9274
    Chicago, IL 60601
    Stephen F. Hedinger
    Charles Garnati
    Hedinger Law Officer
    State’s Attorney
    2601 South Fifth Street
    200 Jefferson, Williamson County Courthouse
    Springfield, IL 62703
    Marion, IL 62959
    Jennifer Sackett Pohlenz
    Querrey & Harrow
    75 West Jackson Boulevard
    Suite 1600
    Chicago, IL 60604-2827
    ILLINOIS ENVIRONMENTAL PROTECTION AGENCY,
    Respondent
    ____________________________
    Melanie A. Jarvis
    Assistant Counsel
    Special Assistant Attorney General
    Division of Legal Counsel
    1021 North Grand Avenue, East
    P.O. Box 19276
    Springfield, Illinois 62794-9276
    217/782-5544
    217/782-9143 (TDD)
    Electronic Filing - Received, Clerk's Office, September 30, 2008
    BEFORE THE POLLUTION CONTROL BOARD
    OF THE STATE OF ILLINOIS
    KIBLER DEVELOPMENT CORPORATION,
    )
    and MARION RIDGE LANDFILL, INC.,
    )
    Petitioner,
    )
    PCB 07-43
    )
    PCB 05-35
    v.
    )
    (Permit Appeal - Land)
    ILLINOIS ENVIRONMENTAL
    )
    PROTECTION AGENCY,
    )
    Respondent.
    )
    RESPONSE TO PETITIONERS’ MOTION TO RECONSIDER
    NOW COMES the Respondent, the Illinois Environmental Protection Agency (“Illinois EPA”),
    by one of its attorneys, Melanie A. Jarvis, Assistant Counsel and Special Assistant Attorney General,
    and, pursuant to 35 Ill. Adm. Code 101.500 and 101.520, hereby responds to the Motion for
    Reconsideration (“Petitioners’ motion” or “motion”) filed by the Petitioners. In response to the
    Petitioners’ motion, the Illinois EPA states as follows:
    I. STANDARD OF REVIEW
    In ruling on a motion for reconsideration, the Illinois Pollution Control Board (“Board”) will
    consider factors including new evidence or a change in the law, to conclude the Board’s decision was in
    error. 35 Ill. Adm. Code 101.902. In the case of Citizens Against Regional Landfill v. County Board of
    Whiteside, PCB 93-156 (March 11, 1993), the Board noted that “the intended purpose of a motion for
    reconsideration is to bring to the court’s attention newly discovered evidence which was not available at
    the time of the hearing, changes in the law or errors in the court’s previous application of the existing
    law.” Korogluyan v. Chicago Title & Trust Co.
    , 213 Ill. App. 3d 622, 627, 572 N.E.2d 1154, 1158 (1
    st
    Dist. 1992).
    Thus, in order to prevail on a motion to reconsider, the movant must demonstrate that one of the
    three criteria has been met to justify reconsideration of an order. Here, the movant fails to raise any
    Electronic Filing - Received, Clerk's Office, September 30, 2008
    meritorious argument that would warrant the Board’s reconsideration of its August 7, 2008 final order
    (“Board’s final order” or “final order”).
    II. THE PETITIONER RAISES NO NEW FACTS OR EVIDENCE
    Several of the arguments posited by the Petitioner relate to its belief that the Board failed to
    properly consider information that was before the Board as of the date of the final order. The Board was
    completely briefed on the relevant issues of the case and the Petitioner does not present sufficient
    grounds for reconsidering the final order. The Petitioner is simply not happy with the conclusion that
    the Board reached following consideration of those issues.
    The Petitioner is merely attempting to re-argue issues that were already raised and briefed prior
    to the Board reaching its decision on August 7, 2008. The Petitioner has not detailed any newly
    discovered evidence.
    III. THE PETITIONER RAISES NO CHANGES IN LAW
    The Petitioner’s motion is not premised on any changes in applicable law since the date of the
    Board’s decision.
    IV. THE PETITIONER DOES NOT RAISE ANY SUCCESSFUL ARGUMENT THAT THE
    BOARD MISAPPLIED THE RELEVANT LAW
    The Board denied the Intervenors’ motion for intervention due to the fact that no
    controversy continued to exist in the case and that it was being dismissed by the Petitioner. The
    Intervenors’ have not raised any arguments that support the position that a dispositive motion
    should not be heard prior to a motion for intervention. The Petitioner has long had control of the
    cases before the Board and could dismiss the case or waive deadlines at its own discretion. Here
    the Petitioner has moved to dismiss the case as is their prerogative. The case is finished and no
    controversy remains at that time. Simply stated, the motion to intervene was not timely filed and
    the Board correctly decided the dispositive motion first. Further, granting the intervention would
    Electronic Filing - Received, Clerk's Office, September 30, 2008
    inhibit the timely disposition of the case in violation of the Board’s rules. Further granting the
    intervention would not resolve any issues before the Board, first because no issues remain, and
    second because of the Petitioner’s control over deadlines, hearings, and dismissals. The
    intervention would not and should not prevent the Petitioner from its right to dismiss the case,
    waive deadlines or push the case to hearing. The Board correctly decided the issue and did not
    misapply relevant law.
    VI. CONCLUSION
    The Petitioner’s arguments in its motion to reconsider are without merit and thus the motion
    should be denied. There are no arguments presented in the motion that meet the criteria that would
    warrant the Board’s reconsideration of its final order.
    WHEREFORE, for the reasons stated above, the Illinois EPA hereby respectfully requests that
    the Board deny the Petitioner’s motion.
    Respectfully submitted,
    ILLINOIS ENVIRONMENTAL PROTECTION AGENCY,
    Respondent
    ____________________________
    Melanie A. Jarvis
    Assistant Counsel
    Special Assistant Attorney General
    Division of Legal Counsel
    1021 North Grand Avenue, East
    P.O. Box 19276
    Springfield, Illinois 62794-9276
    217/782-5544
    217/782-9143 (TDD)
    Dated: September 29, 2008
    This filing submitted on recycled paper.
    Electronic Filing - Received, Clerk's Office, September 30, 2008
    BEFORE THE POLLUTION CONTROL BOARD
    OF THE STATE OF ILLINOIS
    KIBLER DEVELOPMENT CORPORATION,
    )
    and MARION RIDGE LANDFILL, INC.,
    )
    Petitioner,
    )
    PCB 07-43
    )
    PCB 05-35
    v.
    )
    (Permit Appeal - Land)
    ILLINOIS ENVIRONMENTAL
    )
    PROTECTION AGENCY,
    )
    Respondent.
    )
    MOTION FOR LEAVE TO FILE RESPONSE
    NOW COMES the Respondent, the Illinois Environmental Protection Agency (“Illinois EPA”),
    by one of its attorneys, Melanie A. Jarvis, Assistant Counsel and Special Assistant Attorney General,
    and, pursuant to 35 Ill. Adm. Code 101.500, hereby files a Motion for Leave to File response and in
    support thereof, states as follows:
    1.
    The undersigned’s appointment as a Special Assistant Attorney General for these
    matters expired on June 30, 2008.
    2.
    The Office of the Attorney General did not renew the appointment until today’s
    date, September 29, 2008.
    3.
    Therefore, the above named attorney could not file this document any sooner than
    today.
    4.
    The Illinois EPA would be prejudiced if not allowed to file a response in this
    matter.
    WHEREFORE, for the reasons stated above, the Illinois EPA hereby respectfully requests that
    the Board grant this motion for leave.
    Electronic Filing - Received, Clerk's Office, September 30, 2008
    7
    Respectfully submitted,
    ILLINOIS ENVIRONMENTAL PROTECTION AGENCY,
    Respondent
    ____________________________
    Melanie A. Jarvis
    Assistant Counsel
    Special Assistant Attorney General
    Division of Legal Counsel
    1021 North Grand Avenue, East
    P.O. Box 19276
    Springfield, Illinois 62794-9276
    217/782-5544
    217/782-9143 (TDD)
    Dated: September 29, 2008
    Electronic Filing - Received, Clerk's Office, September 30, 2008

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