—

CLF~RK~

OFFICE

~

U

MAR 72OO~

BEFOI

c~ ~UTION

CONTRÜWBOARD

Pollution Control Board

KEITH RUNYON

)

)

Plaintiff,

)

)

vs.

)

No.: PCB ~

COUNTY OF KANKAKEE, a, body

(Pollution Control Facility

politic and Corporate; KANKAKEE

)

Siting Appeal)

COUNTY BOARD; and Waste

)

MANAGEMENT OF ILLINOIS, INC.,

)

)

Defendants,

)

TO; See Attached Service List

PLEASE TAKE NOTICE

that on February 28, 2003 there caused to be

filed via U.S. Mail with the Illinois Pollution Control Board an original and 9

copies

of the

following document whic his attached hereto:

AMENDED PETTITION FOR HEARING TO CONTEST SIT LOCATION

Keith Runyán, liii ois’Resident

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——

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——————————a

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STATE OF ILLINOIS

)

COUNTY OF KANKAKEE )

The undersigned, being first duly sworn , state that

i

served

a

true and correct copy

of the forgoing Notice, together with a copy of each document referred to herein, upon

persons(s)indicated at their address(es) indicated in the Service List by mailing the same in

Bourbonnais, II before the hour our of 5:00 p.m. on the 3rd. day of Mardh 2003.

SUBSCRIBED and SWORN TO

Before me this 3rd. day of Mardh 2003.

Kankakee County Resident

1165 Plum Creek Drive, Unit D.

Phone (815) 937 9838

“OFFICIAL SF~

LAURA E. ASH

Notary Public, State of

IilhNOT~

My Commission Expires 11-26-06

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CLEHK’S

BEFORE THE I

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¶ffl~Ni~JTROL

BOARD

MAR 7 20U3

KEITH RUNYON

)

STATE OF ILLINOiS

)

Pollution Control Board

VS~

Plaintiff,

) No.: PCB £Y5

‘I ~

(

COUNTY OF KANKAKEE, a body politic

)

(Pollution Control Facility Siting

and Corporate: KANKAKEE COUNTY

)

Appeal)

BOARD; and WASTE MANAGEMENT OF )

ILLINOIS, INC.,

)

Defendants.

PETITION FOR HEARING TO CONTE’ST SITE LOCATION APPROVAL

Now comes Keith Runyon , represented by himself and respectfully

requests a healing to contest the decision of the Kankakee County Board (hereinafter

“County Board”) granting site location approval for a new regional pollution control facility. In

support of this Petition, Petitioner Runyon states and alleges as follows:

1. This Petition is filed pursuant to section 40.1 of the Illinois Environmental

Protection Act, (hereinafter the “Act”) (415 ILCS 5/40.1).

2. On August 16, 2002, Waste Management of Illinois, Inc. (hereinafter “Waste

Management) filed an Application with the County Board for a new regional pollution control

facility immediately adjacentto its existing landfill.

3. On January 31.2003, following service and publication of notice and public

hearings conducted before the County Board, the County Board formally approved the

siting request. A true and correct copy of the decision of the County Board is attached

hereto and incorporated herein as exhibit “A”.

4. Petitioner Keith Runyon, appeared and participated in the hearings held before

the County Board as an objector to the request for siting approval.

5. Keith Runyon contests and objects to the County Board’s siting approval

because the siting process used by the County Board in reaching its decision for

approval was against the manifest weight of the evidence as to Criteria viii as set forth with

more particularity in Section 39.2 (a) of the Act:

Specifically, The County and Waste Management failed to comply with the County

Board’s, Solid Waste Management Plan,

(A) Which requires public participation in the selection of a site for a landfill; and,

(B) Which prohibits the siting of a landfill over a major aquifer; and,

(C)Requires a valid host fee agreement be in effect prior to siting a landfill.

WHEREFORE,

Keith Runyon, prays that the Board enter an Order:

A. Setting for hearing this contest of the County Board’s Siting decision;

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B. Reversing the County Board’s siting decision; and

C. For such other relief as this Board deems equitable and just.

Respectfully Submitted,

Keith Runyon,

BY:

~

K~nkakeeCoun ~e~1dent

Keith Runyon

Kankakee County Resident

1165 Plum Creek Drive, Unit D.

Bourbonnais, II 60914

815 937 9838

Fax 815 937 9164

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SERVICE LIST

Karl

Kruse,

Charman

Kankakee County Board

189E. Court St.

Kankakee, IL 60901

Charles F. Heisten

Attorney at Law

P.O. Box 1389

Rockford, IL 61105-1389

Attorney for Kankakee County Board

Fax:

(815)

963-9989

Edward Smith

450

East Court St.

Kankakee, IL 60901

Kankakee County State’s Attorney

Fax:

(815)

937-3932

L. Patrick Power

Attorney at Law

956

NorthFifth Avenue

Kankakee, IL 60901

Leland Milk

6903 S. Route

45-52

Chebanse, IL 60922

George Mueller

George Mueller, P.C

501 State Street

Ottwwa, Ii. 61350

John J. McCarthy

45 East Side Square

Suite 301

Canton, 1161520

Donald J. Moran

Attorney at Law

161 N. Clark, Suite 3100

Chicago, IL 60601

Attorney forWaste Management ofIllinois

Fax: (312) 261-1149

Bruce Clark

Kankakee County Clerk

189 B. Court St.

Kankakee, IL 60901

Fax:

(815)

939-8831

Jennifer J. Sackett Pohlenz

Attorney at Law

275 W. Jackson Blvd., Suite 1600

Chicago, IL 60604

Attorney for Mike Watson

Fax: (312)

540-0578

Kenneth A. Bleyer

Attorney at Law

923 W. Gordon Ter. #3

Chicago, IL 60613-2013

Patricia O’Dell

1242 Arrowhead Dr.

Bourbonnais, IL 60914

Kenneth Leshen

Assistant City Attorney

One Dearborn Square, Suite

550

Kankakee, Ii. 60901