P.82/04

APR

28

‘03

10:46

FR

SNANSON

MARTIN

BELL

3123210990

TO

8143669

00

RECEIVED

0198-

1

CLERK’S

OFFICE

ILLINOIS

POLLUTION CONTROL BOARD

APR

2

8

2003

CITY OF

KANKAKEE,

)

STATE OF ILLINOIS

)

PCB

03-125

Pollution

Control Board

Petitioner,

)

PCB 03-133

PCBO3-134

v.

)

PCB 03-135

)

(consolidated)

COUNTY OF

KANKAKEE, COUNTY

)

(Pollution Control Facility Siting Appears)

BOARD

OF

KANKAKEE,

and WASTE

)

MANAGEMENT OF

ILLINOIS,

INC.

)

)

Respondents.

RESPONSE

TcJ

MOTION

TO COMPEL

Respondent

COUNTY

BOARD

OF

KANKAKEE

(“County”),

by

its

attorneys

Hinshaw

& Culbertson

and

Swanson,

Martin

&

Bell,

hereby responds to

petitioner the

CITY OF

KANKAKEE’s (“City”) motion to compel.

1.

On

April

24,

2003,

the

City

senied

its

motion

to

compel,

via

facsimile,

on

the

County.

The City

seeks production

of invoices from

Hinshaw & Culbertson,

one

of the

law firms

representing

the

County

in

this

siting

proceeding.

During

the

April

24,

2003

status conference

in

this

matter,

the

hearing

officer

directed

the

County

to

respond

by

April

28,

2003,

and

gave

the

County

leave

to

file

its

response via facsimile.

2.

The

City

did

not

contact

the

County

to

discuss

the

production

of

additional

invoices

prior

to

filing

the

motion

to

compel,

and

thus

has

not

complied

with

Supreme Court Rule 201(k).1

3

The

County

had

previously

responded

to

the

City’s

request

for

Hinshaw

&

Culbertson

invoices

by noting that those

invoices

are

in

the

County’s

record

on

The

County

recognizes

that

Rule

201(k)

does

not

specifically

apply

to

Board

proceedings:

however the

Board’s rules

provide that

the Supreme

Court

Rules provide

guidance in

Board

cases.

35

1IIAdmCode

101.100(b).

In

any event,

a

phone call

from

the

City’s

attorneys to the

County’s attorneys

may very well have resolved this

issue without

the

necessity for a

motion

to

compel.

---

APR

28

‘03

10:46 FR SIJANSON MARTIN BELL

312 321 0990 TO 8143669

P.03/04

appeal.

However,

further investigation

reveals

that the

invoices

in

the

County’s

record are not complete.

4.

Therefore, the

County will

produce invoices from

Hinshaw & Culbertson,

through

January

31,

2003.

That

date

is

the date

of the

County’s

decision

on the

siting

application, and thus the

end of Hinshaw & Culbertson’s

involvement

in

the

local

siting proceeding.

5.

The

County

objects

to the

production of any invoice

after

January

31,

2003,

as

irrelevant.

The

County

understands

that

the

City’s

purpose

in

seeking

the

invoices

is

for information which

may

relate to

the

City’s

claims of fundamental

unfairness.

As the

local

siting

proceeding

concluded

on

January

31,

2003,

no

information

contained

in

invoices for

services performed

after

January

31,

2003

can be relevant to this appealL

6.

The

County further

objects

ILo

tlhe

production

of

any

invoice

after

January

31,

2003 as attorney-client priviIeged~ Hirshaw & Culbertson

represents the

County

in

this

appeal,

and

its

invoices

after

January

31,

2003

may

reflect

strategy

and

privileged

information related to the defense of this appeal.

7.

In

short,

the

County

will

produce

Hirishaw

&

Culbertson

invoices

for

services

rendered

in

connection

with

the

local

siting

proceeding,

through

January

31,

2003.

The

County

objects

to

the

production

of

any

invoice

for

services

after

January 31, 2003,

as irrelevant and subject to the attorney-client privilege.

2

---

P.04/04

~,APR28

‘03 10:47 FR SNANSON MARTIN BELL

312 321 0990 TO 8143669

Respectfully submitted,

COUNTY OF KANKAKEE

and

COUNTY BOARD

OF KANKAKEE

By:

Charles

F.

F-lelsten

Richard Porter

Hinshaw & Culbertson

100 Park Avenue

P.O.

Box

1389

Rockford,

IL 61105-1389

81 5/490-4900

Elizabeth S.

Harvey

Swanson,

Martin & Bell

One

IBM

Plaza,

Suite 2900

330 North Wabash Avenue

Chicago,

IL 60611

312/321-9100

3

**

TOTAL PAGE.04

**

---

APR 28 ‘03 10:46 FR SWANSON MARTIN BELL

312 321 0990 TO 8143669

P.01/04

RECEIVED

CLER!cS

OFFICr

SWANSON,

MARTIN & BELL

ONE

IBM

PLAZA

-

SUITE 2900

~

2

8

2~)D3

330

NORTH WABASH AVENUE

STATE OF

ILLINOIS

CHICAGO,

ILLINOIS

60611

Pollution

Control Board

(312)

321-9100

-

FAX

(312

321-0990

FACSIMILE

TRANSMISSION

Date:

April 28,

2003

Pages Transmitted:

4

(including

cover page)

User’s Direct Dial

Line: (312) 923-8260

Client No.:

0198-001

Transmitting

to:

Brad

Halloran----(312) 814-3669

Jennifer Pohlenz

—

--

(312) 540-0578

Kenneth A.

Lesheri

(815) 933-3397

George Mueller

--

(815) 433-4913

L.

Patrick Power

--

(815) 937-0056

Keith Runyon

--

(815) 937-9164

Donald

Moran

—

(312) 261-1149

Rick Porter

—

(815) 490-4901

Received from;

Elizabeth

S.

Harvey

Attached

please find the County’s response to the City’s mot~onto compel,

filed

via

facsimile

pursuant to the hearing officer’s authorization.

If you do not receive all

transmitted pages, please call Shel at (312) 321-9100.

This facsimile

Is intended only for the use

of

the addressee(s) herein and maycontain

legally-privileged and

confidential information.

If you are not the intended recipient of this facsimile, you are hereby notified that any

dissemination, distribution or copying of this facsimile is strictly prohibited.

If you have received this facsimile in

error, please immediately notify us by telephone (if

long-distance, please

caU collect), and return the original

facsimile to the sender’s attention at the above address

via the United Stales Postal Service