BEFORE THE ILLINOIS POLLUTION CONTROL BOA
KIBLER DEVELOPMENT
CORP.
and
MARION RIDGE LANDFILL, INC.,
Petitioners,
v.
ILLINOIS ENVIRONMENTAL PROTECTION
AGENCY,
Respondents.
NOTICE OF FILING
TO:
Melanie Jarvis
Illinois Environmental Protection. Agency
/02/ North Grand Avenue East
P.O. Box 19276
Springfield, Illinois 62794.9276
MAttstie..1
Stephen MA:linger
Hedinger Law Office
2601 South Fifth Street
Springfield, Illinois 62703
E-mail: Hedinger@hcdingerfaw.com
Carol Webb, Hearing Officer
Illinois Pollution Control Board
1021 North Grand Avenue East
P.O.
Box
19274
Springfield, IL 62794-9274
E
-
mail:
webhe@ipcbsrate.il.us
PLEASE TAKE NOTICE
that on July 21, 2008, 1 filed, electronically, with the Illinois
Pollution Control Board,
the following: Intervenor's Appearance and Motion to Intervene, copies of
which are attached hereto and served upon you.
Charles Garnati. State's Attorney
200 West Jefferson County Courthouse
Marion, IL 62959-301
(618) 997-1301
CERTIFICATE OF
By:
SERVICE
?
the undersigned, certify that served the foregoing Notice of Filing, along with copies of
document(s) set forth in this Notice, on the above listed persons at the above listed e-mail addresses this
21' day of July 2008,
via
e- mail, and further will serve em
via certified
mail, return receipt
on
July 2I, 2008.
,
(UMW
PCB No. 2005-035
(Permit Appeal - Land)
RD
RECEIVED
CLERK'S OFFICE
JUL 2 1
2008
Pollution
STATE OF
Control
ILLINOIS
Board
BEFORE TILE ILLINOIS POLLUTION CONTROL BOARD
KIBLER DEVELOPMENT CORP. and
MARION RIDGE LANDFILL, INC.,
Petitioners,
v,
ILLINOIS ENVIRONMENTAL PROTECTION
AGENCY,
RECEIVEID
CL
ERK'S OFFICE
JUL 2 1 2008
STATE OF ILLINOIS
Pollution Control
Board
PCB No. 2005-035
(Permit Appeal - Land)
Respondents.
APPEARANCE
I hereby file my Appearance in this proceeding on behalf' of Intervenor State's Attorney
Charles Garnati tor.
re/
People of Williamson County.
STATE'S ATTORNEY CHARLES GARNATI
ca C,„±A,
Name
Attorney for:
Address
City
Telephone
Charles Garnati. State's Attorney
Intervenor
200
West
Jefferson County Courthouse
Marion, IL 62959-3061
(618) 997-1301
Document
q :
1344076
BEFORE TEE ILLINOIS POLLUTION CONTROL BOAR%
E
KIBLER DEVELOPMENT CORP. and
MARION RIDGE LANDFILL, INC.,
Petitioners,
ILLINOIS ENVIRONMENTAL PROTECTION
AGENCY,
Respondents.
MOTION TO INTERVENE
NOW
COMES Intervener WILLIAMSON COUNTY STATE'S ATTORNEY
CHARLES GARNATI
ex rel.
People of Williamson County and moves the Illinois Pollution
Control Board to grant this Motion and allow his intervention in this pending matter. In support
of this Motion, Intervener states as follows:
1.
This Motion is filed pursuant to Sections of the Illinois Pollution Control Board
Regulations Section 101.402 and Section 5/3-9005(a)(1) of the Illinois Counties Code (55 ILCS
5/3-9005(a)(1), 35 IAC 101.042 ).
2.
This Petition
is
filed by the State's Attorney of Williamson County, Charles Gamati,
in his official capacity, on
behalf
of the People of Williamson County. This Board and Illinois
Court have acknowledged the particular duties of State's Attorneys embodied in the Illinois
Counties Code that give them
standing
in actions that, ordinarily, other third-parties lack.
Land and Lakes Co. v, PCB,
245 111.App.3d 361, 616 N.E.2d 349, 354-355
(3rd D
i
st.t.
1993)(State's Attorney allowed to intervene in permit appeal);
Pioneer
Processing Inc.
v.
EPA
.
102 111.2d 119, 464 N.E.2d 238 (S.Ct. 1984)(Attomey General allowed to seek review of
a Board decision in a landfill permit appeal);
AFSCVE v. Ryan, et al.,
347 Il1.App.3d 732, 807
N.E.2d 1235 (5th
Dist 2004)(without specific statutory authority under the Illinois Health
Facilities Planning Act, State's Attorney allowed to enjoin closure of state mental health facility
PCB No. 2005-035
(Permit Appeal - Land)
CLERK'S
CEIVED
OFFICE
JUL 2 1 2008
Pollution
STATE OF
Control
ILLINOIS
Board
and require it to follow procedures of that act);
Saline County v. CEPA,
PCB 02-108
(April 18, 2002)(S.tate's Attorney intervened in permit appeal).
3.
Specifically, this Board has consistently allowed State's Attorneys to intervene in
already pending permit appeals.
Pioneer Processing Inc. v. Environmental Protection Agency
102 III. 2d 119, 464 N.E.2d 238, 79 III. Dec. 640 (1984);
Land and Lakes Co. v, PCB,
245
111.App.3d 361, 616 N.E.2d 349, 354-355 (3
4
Dist. 1993)(State's Attorney allowed to intervene
in permit appeal);
Saline County v. IEPA,
PCB 02-108 (April 18, 2002)(State's Attorney
intervened in permit appeal).
4.
Although the Board recently held that the State's Attorney could not
initiate
a permit
appeal, nowhere in that decision did the Board overrule its prior precedent allowing State's
Attorneys intervention in already pending permit appeals.
People of Williamson County ex rel.
v. Kibler Development Corp. et al.,
PCB 08-93 (July 10, 2008).
5. The State's Attorney's intervention will not unduly delay or materially prejudice the
proceeding or otherwise interfere with an orderly or efficient proceeding. The State's Attorney is
not requesting a change in any scheduling already set by either Board or Hearing Officer Order.
Further, the State's Attorney is not requesting any new discovery and only seeks copies of what
has already been produced or exchange between the parties in this case.
WHEREFORE, WILLIAMSON COUNTY STATE'S ATTORNEY CHARLES
GARNATI
ex rel.
People
of Wil lliarnson County, as Intervener, respectfully requests the Board
to allow his intervention in this already pending permit appeal.
CHARLES GARNATI
W'lliamson Count State's Attorney
Charles Gamati, State's Attorney
Williamson County
200 West Yefferson County Courthouse
Marion, IL 62959-3061
(618) 997-1301