BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
JAN 282004
SALINE COUNTY LANDFILL,
INC.,
)
ESTATE OF
ILLiNOIS
)
0
Ution Control 8oa~tg
PETITIONER,
)
)
V.
)
No. PCB
2004-117
)
(PERMIT APPEAL)
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
)
RESPONDENT.
)
COUNTY
OF
SALINE’S
MOTION TO INTERVENE
NOW COMES the COUNTY OF SALINE, a County ofthe State of Illinois, through its
State’s Attorney, and pursuant to Rule
101.402 of this Board’s procedural rules,
35
III. Adm.
Code Section
10 1.402, requests this Board’s leave to intervene in this matter on behalf of the
position being defended by Respondent, Illinois Environmental Protection Agency (hereinafter
“IEPA”).
In support of this motion, the County of Saline states as follows:
1.
This case is a permit appeal,
in which the Saline County Landfill, Inc. (hereinafter
“Landfill”) (which is not in any way affiliated with any official body of Saline County) is
seeking review ofa denial by the JEPA of the Landfill’s request for issuance of a landfill
development permit.
The landfill airspace to be permitted was subject
to siting proceedings that
were held before the Saline County Board during
1996, and the identified basis for the IEPA’s
denial is that the Landfill’s permit request was made too long after the siting approval granted by
the Saline
County Board, and therefore that the siting approval had expired.
2.
The undersigned State’s Attorney for the County of Saline, a constitutional
officer, is the chief legal
officer for Saline
County, and possesses both the duty and the authority
to represent the interests of the people ofSaline County to ensure
a healthful environment within
Saline
County.
The State’s Attorney is a state official representing the public interest of Saline
County,
and in particular the interest ofSaline County in assuring that siting approvals and
authorizations are complied with, and that the laws of the State ofIllinois are complied with by
those wishing
to do business within Saline County.
Saline County was a party to
the siting
proceedings, and also participated in the permitting process before the IEPA.
3.
This intervention is sought by Saline County through its State’s Attorney, because
of Saline County’s and the State’s Attorney’s interest in protecting the health and environment
within which the people of Saline County must live and work.
Further, the citizens of Saline
County may be materially prejudiced absent the County’s intervention.
~
35
Iii. Adm. Code
101.402(d)(2).
4.
This intervention is authorized by, and is consistent with, precedent of the Illinois
Supreme Court, the Illinois Appellate Court, and this Board.
~
Pioneer Processing. Inc.
v.
Environmental
Protection Agency, 102 Ill. 2d 119, 464 N.E.2d 238 (1984);
Land & Lakes Co.
v.
Village of Romeoville, 245 Ill. App. 3d 631, 616 N.E.2d 349 (3d Dist. 1993); Land & Lakes Co.
v. Village of Romeoville, PCB 91-7 (Feb. 7,
1991); Land & Lakes Co.
v. Village of Romeoville,
PCB 94-195 (Sept.
1,
1994); Saline County Landfill, Inc. v. Illinois Environmental Protection
Agency, PCB 02-108 (April
18,
2002).
5.
Saline County, through the undersigned State’s Attorney of Saline County,
requests this Board’s leave to intervene in
this matter and to participate fully as a party in support
of the position ofRespondent IEPA, for having rejected the permit request made by the Landfill
which was not in conformity with the requirements ofthe Illinois Environmental Protection Act.
WHEREFORE, proposed intervenor, SALINE COUNTY, through the Saline County
State’s Attorney, requests this Board’s leave to intervene
in this matter as a party, and thereby to
2
RECEIVED
CLERK’S OFFICE
JAN
28
2004
BEFORE THE ILLINOIS POLLUTION CONTROL
BOA~TE OF ILLINOIS
Pollution Control Board
ILLINOIS ENVIRONMENTAL
PROTECTIONAGENCY,
NOTICE OF FILING
AND
PROOF OF SERVICE
To:
Brian E. Konzen, Esq.
Lueders, Robertson, Konzen &
Fitzhenry
1939 Delmar, P.O. Box 735
Granite City, IL
62040
Pollution Control Board, Attn: Clerk
100 West Randolph Street
James R. Thompson Center
Suite 11-500
Chicago, IL 60601-3218
Carol
Sudman
Hearing Officer
Illinois Pollution Control Board
600 South Second Street, Suite 402
Springfield,
IL
62704
Division of Legal counsel
Illinois Environmental Protection Agency
1021 North Grand Avenue East
P.O. Box 19276
Springfield, IL
62794-9276
PLEASE TAKE NOTICE that on the
,,~
7
day ofJanuary, 2004, we sent to the Clerk of
the Pollution Control Board the original and nine copies of the COUNTY OF SALINE’S
MOTION TO INTERVENE for filing
in the above entitled cause.
The undersigned certifies that
a true and correct copy of the above-described
document
was served
upon each of the above-identified individuals via
U.S. mail, by enclosing the same
in envelopes properly addressed, with postage fully prepaid, and by depositing
said envelopes in
a U.S. Post Office mail box, all on the~,7
7
d~faary,
2004.
~R
olf
Rod Wolf
Saline
County State’s Attorney
10 E. Poplar St.
Harrisburg, IL
62946
618-253-7169 phone
618
253-4106 fax
SALINE COUNTY LANDFILL, INC.,
)
PETITIONER,
)
)
v.
)
)
No. PCB 2004-117
(PERMIT APPEAL)
RESPONDENT.
)
)
)
ThIS
FILING
IS
SUBMITFED
ON
RECYCLED PAPER