CITY OF KANKAKEE,

vs

ILLINOIS POLLUTION CONTROL BOARD

REC~~VED

CLERFc’S

Qrr

COUNTY OF KANKAKEE, COUNTY BOARD OF

KANKAKEE, and WASTE MANAGEMENT OF

ILLINOIS, INC.

MERLIN KARLOCK,

vs

Respondents.

PCB 03—125

(Third-Party Pollution Control

Facility Siting Appeal)

Petitioner,

COUNTY OF KANKAKEE, COUNTY BOARD OF

KANKAKEE, and WASTE MANAGEMENT OF

ILLINOIS, INC.

MICHAEL WATSON,

PCB 03—133

(Third-Party Pollution Control

Facility Siting Appeal)

Respondents.

Petitioner,

vs

COUNTY OF KANKAKEE, COUNTY BOARD OF

KANKAKEE, and WASTE MANAGEMENT OF

ILLINOIS, INC.

Respondents.

KEITH RUNYON,

Petitioner,

vs.

COUNTY OF KANKAKEE, COUNTY BOARD OF

KANKAKEE, and WASTE MANAGEMENT OF

ILLINOIS,

INC.

Respondents.

WASTE MANAGEMENT OF ILLINOIS, INC.,

Facility Siting Appeal)

PCB 03—134

(Third-Party Pollution Control

PCB 03—135

(Third—Party Pollution Control

Facility Siting Appeal)

Petitioner,

vs.

COUNTY OF KANKAKEE,

PCB 03—144

(Pollution Control Facility

Siting Appeal)

Petitioner,

1 4 2003

STATE OF

ILLINOIS

Pollution Control Board

Respondent.

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MOTION FOR LEAVE TO FILE RESPONSE TO

REPLY BRIEF IN SUPPORT OF MOTION TO DISMISS

PETITION FOR REVIEW FILED BY

THE CITY OF KANKAKEE

NOW COMES the CITY OF KANKAKEE by and through its Assistant City

Attorneys, L. PATRICK POWER and KENNETH A. LESHEN, and moves this Board

for leave to file this Motion and in support thereof states as follows:

1. That on or about April 9, 2003, the County of Kankakee and the

County Board of Kankakee filed a motion and a brief with the Board.

2. As part of said motion, the County of Kankakee and the Kankakee

County Board stated, “the only argument raised by the City of Kankakee is

that ‘since the City of Kankakee is allowed to participate in these

hearings as an objector and since the issue of lack of standing was not

raised prior to the hearing by the County, that issue if it has any merit

whatsoever was waived, except for the grounds contained in Section

5/40.1(b).’ (See City brief, Section III and IV). Once again, the City’s

argument is erroneous.

The City has provided no authority for its conclusion that the

failure to raise the objection at the County level is in any way a

waiver.”

3. There is authority supporting that proposition of law, to—wit:

E

& E Hauling, Inc. vs. Pollution Control Board

107 IL2d 33. Said case

states in part, as follows:

First, we must consider whether the village has waived its right

to object to the adjudicators. The village did not raise the issue

of bias at the board hearing. One citizen simply commented that the

district would gain financially from the approval. Generally, of

course, a failure to object at the original proceeding constitutes a

waiver of the right to raise the issue on appeal.

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WHEREFORE, Petitioner, City of Kankakee, prays for leave to file the

above-referred to authority in support of its argument and further to

allow the foregoing to stand as such filing.

Respectfully submitted,

B

L. Patrick Power

Assistant City Attorney

City of Kankakee

956 North Fifth Avenue

Kankakee, IL 60901

815/937—6937

Reg. No. 2244357

Attorney

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AFFIDAVIT OF SERVICE

The undersigned, pursuant to the provisions of Section 1-109 of the

Illinois Code of Civil Procedure, hereby under penalty of perjury under

the laws of the United States of America, certifies that a copy of the

foregoing was served upon the following parties by facsimile to those

parties with facsimile numbers listed below and by depositng same to all

parties in the U. S. Mail at Kankakee, Illinois, before 5:00 p.m., on the

11th day of April, 2003:

Dorothy M. Gunn, Clerk

Illinois Pollution Control Board

James R. Thompson Center

100 West Randolph Street, Suite 11—500

Chicago, IL 60601—3218

Bradley Halloran

Hearing Officer

Illinois Pollution Control Board

100 West Randolph, ll~Floor

Chicago, IL 60601

FAX 312/814—3669

Donald J. Moran, Esq.

Pederson & Houpt

161 North Clark, Suite 3100

Chicago, IL 60601—3242

FAX 312/261—1149

Charles F. Helsten, Esq.

Richard S. Porter, Esq.

Hinshaw & Culbertson

P. 0. Box 1389

Rockford, IL 61105-1389

FAX 815/963—9989

Jennifer J. Sackett Pohlenz, Esq.

175 W. Jackson Blvd., Ste. 1600

Chicago, IL 60604

FAX 312/540—0578

Leland Milk

6903 South Route 45—52

Chebanse, IL 60922

George Mueller, Esq.

501 State Street

Ottawa, IL 61350

FAX 815/433—4913

Keith L. Runyori

1165 Plum Creek Drive, Unit D

Bourbonnais, IL 60914

FAX 815/937—9164

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Elizabeth Harvey, Esq.

Swanson, Martin & Bell

One IBM Plaza, Suite 2900

330 North Wabash~

Chicago, IL 60611

FAX 312/321—0990