ILLINOIS POLLUTION CONTROL BOARD
    May 4, 2005
     
     
    WASTE MANAGEMENT OF ILLINOIS
    INC.,
     
    Petitioner,
     
    v.
     
    COUNTY BOARD OF KANKAKEE
    COUNTY, ILLINOIS,
     
    Respondent.
     
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    PCB 04-186
    (Pollution Control Facility
    Siting Appeal)
    HEARING REPORT
     
     
    On April 6 and 7, 2005, a hearing was held in the above-captioned matter at the County
    Administration Building, 189 East Court Street, County Board Room, Kankakee, Illinois.
    Attorney Donald Moran appeared and participated on behalf of the petitioner. Attorneys’
    Charles Helsten, Richard Porter and Assistant State’s Attorney Brenda Gorski appeared and
    participated on behalf of the respondent.
     
     
      
      
      
      
    Preliminary Matters
     
    On April 5, 2005, a written hearing officer order was entered denying petitioner’s motion
    to compel answers to questions it had posed in discovery depositions taken between June 22,
    2004 and January 2005. The questions related to reasons why certain members of the respondent
    County Board of Kankakee (County Board) had voted against the siting application at issue here.
    At a pre-hearing status conference on April 5, 2005, the respondent inquired whether the
    petitioner would be allowed to question the certain members of the County Board under an offer
    of proof as to the reasons why they voted against the siting application at issue here. On April 6,
    2005, the parties orally argued their respective positions regarding the offer of proof matter.
    After hearing argument, I ruled that any offer of proof regarding the mental processes of the
    County Board members would be disallowed.
     
    On April 4, 2005, the respondent filed
    a motion in limine
    to bar the petitioner from
    attempting to elicit statements regarding County Board member Ann Bernard’s failed attempt to
    retain a seat on the Illinois state legislature. After hearing arguments, I granted the respondent’s
    motion in limine
    , but allowed the petitioner to elicit such statements under an offer of proof.
     
     
     
      
    Witness Credibility
     
     
    2
    Based upon my legal judgment, experience and observations at the hearing, I find that the
    credibility of the witnesses is not an issue in this matter.
     
    Exhibits
     
    A list itemizing the exhibits and their status is attached to this order.
     
    Briefing Schedule
     
     
    A briefing schedule in light of the then statutory decision due date was discussed and
    agreed to at the hearing. However, the petitioner represented on April 28, 2005, that it will
    extend the statutory decision deadline by filing a waiver decision deadline to and including July
    21, 2005. To that end, the post-hearing briefing schedule has been modified as follows: the
    petitioner’s opening post-hearing brief must be served and filed on or before May 13, 2005. The
    mailbox rule does not apply. The respondent’s post-hearing brief must be served and filed on or
    before June 3, 2005. The mailbox rule does not apply. Petitioner’s reply, if any, must be served
    and filed on or before June 17, 2005. The mailbox rule does not apply. Public comment is due to
    be filed on or before May 20, 2005. Michael Watson, Merlin Karlock and Keith Runyon’s
    amicus curiae
    brief is due to be filed on or before May 20, 2005.
     
     
    IT IS SO ORDERED.
     
    ________________________________
     
      
      
      
      
      
      
    Bradley P. Halloran
     
      
      
      
      
      
      
    Hearing Officer
    Illinois Pollution Control Board
    James R. Thompson Center, Suite 11-500
    100 W. Randolph Street
    Chicago, Illinois 60601
    312.814.8917
    3
    PCB 04-186
    April 6 and 7, 2005 Hearing
     
     
    Exhibit List
     
     
    Exhibit Description Status
    Hearing Officer Exhibit 1 Trial Brief of respondent regarding offer of
    proof
    Taken with
    the case
    Hearing Officer Exhibit 2 Evidence Deposition of Lisa Latham Admitted
    Hearing Officer Exhibit 3 Evidence Deposition of Douglas Graves Admitted
    Hearing officer Exhibit 4 Discovery Deposition of Pamela Lee Admitted
    Hearing Officer Exhibit 5 Evidence Deposition of Duane Bertrand Admitted
    Hearing Officer Exhibit 6 Evidence Deposition of William Olthoff Admitted
    Petitioner’s Exhibit 1 Letter dated February 19, 2004, from
    Tammy Focken
    Admitted
    Petitioner’s Exhibit 2 Letter dated February 18, 2004, from
    Karon Mallaney
    Admitted
    Petitioner’s Exhibit 3 Undated letter from Linda Olson Admitted
    Petitioner’s Exhibit 4 IVI – IPO 2004 General Assembly
    Questionnaire re: Ann Bernard
    Taken as
    offer of proof
    Petitioner’s Exhibit 5 Newspaper article dated March 10, 2004 Taken as
    offer of proof
    Petitioner’s Exhibit 6 Ann Bernard’s website article Taken as
    offer of proof
    Petitioner’s Exhibit 7 Roll Call and Votes dated, January 31,
    2003
    Admitted
    Petitioner’s Exhibit 8 Roll Call and Votes dated, March 17, 2004 Admitted
    Petitioner’s Exhibit 9 Roll Call and Votes, dated April 13, 2004 Taken as
    offer of proof
     

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