0198-001
ILLINOIS POLLUTION CONTROL BOARD
CLERK’S
MAR 2 4
OmCE
2003
CITY OF KANKAKEE,
)
STATE OF IWNOIS
)
PCB 03-1 25
pollution Control
Board
Petitioner,
)
PCB 03-1 33
)
PCBO3-134
v.
)
PCB03-135
)
PCB 03-144 (consolidated)
COUNTY OF KANKAKEE, COUNTY
)
(Pollution Control Facility Siting Appeals)
BOARD OF KANKAKEE, and WASTE )
MANAGEMENT OF ILLINOIS, INC.
)
)
Respondents.
)
NOTICE OF FILING
To:
(See attached Service List.)
PLEASE TAKE NOTICE that on this 24th day of March 2003, there was filed with the
Illinois Pollution Control Board,
Respondent’s Appearance and Motion for Extension
of Time and for Leave to File Reduced Number of Copies, which are attached and
herewith served upon you.
COUNTY OF KANKAKEE and
COUNTY BOARD OF KANKAKEE
BY:~zabhSHa~ey• ~
ne of Its Attorneys
Elizabeth S. Harvey
SWANSON, MARTIN & BELL
One IBM Plaza, Suite 2900
330 North Wabash Avenue
Chicago, Illinois 60611
Telephone: (312) 321-9100
Firm l.D. No. 29558
CERTIFICATE OF SERVICE
I, the undersigned non-attorney, state that I served a copy of Respondent’s Appearance
and Motion for Extension of Time and for Leave to File Reduced Number of Copies to counsel of
record in the above-captioned matter by mailing a copy to counsel of record by depositing same
in the U.S. Mail at One IBM Plaza, Chicago, IL 60611 on or before 5:00 p.m. on March 24, 2003.
/_________
(~,~‘netteM. Podlin
x
Under penalties as provided by law
pursuant to 735 ILCS 5/1-1 09, I certify
that the statements set forth herein
are true and correct.
SERVICE LIST
KANKAKEE
COUNTY/WMII LANDFILL SITING
Bradley P. Halloran
Hearing Officer
Illinois Pollution Control Board
100 West Randolph Street
Suite 11-500
Chicago, IL 60601
Charles F. Helsten
Richard Porter
Hinshaw & Culbertson
100 Park Avenue
P.O. Box 1389
Rockford, IL 61105
Donald Moran
Pedersen & Houpt
161 North Clark Street
Suite 3100
Chicago, IL 60601-3242
George Mueller
George Mueller, P.C.
501 State Street
Ottawa, IL 61350
L. Patrick Power
956 North Fifth Avenue
Kankakee, IL 60901
Jennifer J. Sackett Pohlenz
Querry
& Harrow, Ltd.
175 West Jackson Boulevard
Suite 1600
Chicago, IL 60604
Keith Runyon
165 Plum Creek Drive
Bourbonnais, IL 60914
Kenneth A. Bleyer
Attorney at Law
923 West Gordon Terrace, #3
Chicago, IL 6061 3-2013
Leland Milk
6903 S. Route 45-52
Chebanse, IL 60922-5153
Patricia O’Dell
1242 Arrowhead Drive
Bourbonnais, IL 60914
0198-001
CITY OF
KANKAKEE,
Petitioner,
V.
ILLINOIS POLLUTION CONTROL BOARD
)
COUNTY OF KANKAKEE, COUNTY
BOARD OF KANKAKEE, and WASTE
MANAGEMENT OF ILLINOIS, INC.
Respondents.
CLERK’S OrF!CE
MAR 2 4 2003
)
PCB 03-125
PollutIon
STATE
OF
Control
IWNOIS
Board
)
PCBO3-133
)
PCB 03-134
)
PCB 03-1 35
)
PCB 03-144 (consolidated)
)
(Pollution Control Facility Siting Appeals)
)
)
)
)
APPEARANCE
The undersigned hereby enters her appearance
as attorney for respondents
COUNTY BOARD OF KANKAKEE and COUNTY OF
KANKAKEE.
Elizabeth S. Harvey
Swanson, Martin & Bell
One IBM Plaza, Suite 2900
330 North
Wabash Avenue
Chicago, IL 60611
312/321-9100
S. Harvey
0198-001
£~ECE~VED
CLERK’S O~~TCE
MAR ~4 2003
STATE OF IWNOIS
PCB 03-125
PollutIon Control Board
PCB 03-1 33
)
PCB 03-1 34
)
PCB 03-1 35
)
PCB 03-144 (consolidated)
COUNTY OF KANKAKEE, COUNTY
)
(Pollution Control Facility Siting Appeals)
BOARD OF KANKAKEE, and WASTE
)
MANAGEMENT OF ILLINOIS, INC.
)
)
Respondents.
MOTION FOR EXTENSION OF TIME AND FOR
LEAVE TO FILE REDUCED NUMBER OF COPIES
Respondents COUNTY BOARD OF KANKAKEE and COUNTY OF KANKAKEE
(collectively, “County”), by
its attorneys Hinshaw & Culbertson and Swanson, Martin & Bell,
hereby move for an extension of time in which to file its record, and
for leave to file a
reduced number of copies of
two
portions of the record.
1. On March 6, 2003, the Board issued its order accepting appeals PCB 03-1 25, PCB
03-1 33, FOB 03-1 34, and PCB 03-1 35, consolidating those appeals, and directing
the County to file its record by
March 27, 2003. On March 20, 2003, the Board
issued an order consolidating appeal FOB 03-144 with the previously-filed
appeals.
2.
The County has been working diligently to prepare and certify the record,
pursuant
to the Board’s procedural rules. However, due to
the responsibilities of the County
Clerk’s office in preparing for the upcoming April 1, 2003
election, and because of
the voluminous nature of the siting record, the County requests a short extension
oftime to file the record. The County seeks a seven-day extension, to and including
April 3, 2003, to file its record.
CITY OF KANKAKEE,
Petitioner
v.
ILLINOIS POLLUTION CONTROL BOARD
)
)
)
3.
The County is cognizant of the time deadlines involved in this appeal, and believes
it will be able to file the record before April 3, 2003. The County seeks the seven-
day extension in order to ensure that it remains in compliance with the Board’s
order.
4.
Additionally, the County seeks leave to file
a reduced number of copies of two
portions of the record. As part of its application, applicant Waste Management of
Illinois, Inc. (“WMII”) filed its entire “operating history” records from the Illinois
Environmental Protection Agency (IEPA). Those records are voluminous, filling
approximately six bankers boxes.
5.
It would be burdensome for the County to file the original and nine copies of the
WMII operating history with the Board. Further, filing the original and nine copies
of six bankers boxes (for a total of sixty boxes) is inefficient, would require the use
of large amounts of paper, and would subsequently require the Board to store a
large number of boxes. Thus, the County seeks leave to file one “original” of the
WMII operating record.
6.
Additionally, the County seeks leave to file three copies of one oversized exhibit,
which is a zoning map which is not easily reproducible.
7.
The County will, of course, comply with the numerical filing requirements for the
remainder of the record, including seven copies of the hearing transcript, and the
original and nine copies of all other documents.
WHEREFORE, the County moves this Board for an extension, to and including April
3, 2003, in which to file the record; for leave to file one original of the WMII operating
2
record; for leave to file three copies of an oversized exhibit; and for such other relief as the
Board deems appropriate.
Charles F. Helsten
Richard Porter
Hinshaw & Culbertson
100 Park Avenue
P.O. Box 1389
Rockford, IL 61105-1389
815/963-8488
Respectfully submitted,
COUNTY OF KANKAKEE and
COUNTY BOARD OF KANKAKEE
~
\~Eliz~l,ethS. Harvey/
~
‘
~One of Its Attorneys’
Elizabeth S. Harvey
Swanson, Martin & Bell
One IBM Plaza, Suite 2900
330 North Wabash Avenue
Chicago, IL 60611
312/321-9100
3