1. NOTICE OF FILING
    2. RESPONSE TO MOTION TO COMPEL
0198-001
CITY OF KANKAKEE,
Petitioner,
V.
ILLINOIS POLLUTION CONTROL BOARD
COUNTY OF
KANKAKEE, COUNTY
BOARD
OF
KANKAKEE, and WASTE
MANAGEMENT OF
ILLINOIS,
INC.
)
)
)
)
)
)
)
)
)
)
RECE
WED
CLERK’S
OFFICE
~PR
2
.92003
STATE OF ILLINOIS
PCB 03-1 25
Pollution
Control Board
PCB 03-133
PCB 03-1 34
PCB 03-1 35
(consolidated)
(Pollution Control
Facility Siting Appeals)
Respondents.
)
To:
(See attached Service List)
NOTICE OF
FILING
PLEASE TAKE NOTICE that on this 29th day of April 2003, the following County’s
Response to City’s Motion to Compel
(previouslyserved via facsimile)
was filed with the
Illinois Pollution Control Board, attached and herewith
served
upon you.
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
COUNTY OF
KANKAKEE
and
COUNTY BOARD
OF
KANKAKEE
By:
of Its Attorneys
CERTIFICATE OF
SERVICE
I, the undersigned non-attorney, state that
I served a copy of the described
document in the
above-captioned
matter via U.S.Mail to all counsel of record on April 29,
2003.
/~jdMIt~
~~‘2t’.
(~rzfLi~
Jea
ette M.
Podlin
xj
Under penalties
as provided
by law
pursuant to 735 ILCS 5/1-109,
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
Hirishaw& Culbertson
100 Park Avenue
P.O.
Box
1389
Rockford, IL 61105
Kenneth A.
Leshen
One Dearborn Square
Suite 550
Kankakee,
IL 60901
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 60613-2013
Leland
Milk
6903 S.
Route 45-52
Chebanse,
IL 60922-51 53
Patricia
O’Dell
1242 Arrowhead Drive
Bourbonnais, IL 60914
0198-001
RECE!VED
CLERK’S
OFFICE
ILLINOIS POLLUTION CONTROL BOARD
/\~~
2
92003
CITY OF
KANKAKEE,
)
STATE
OF ILLINOIS
)
PCB 03-125
Pollution
Control Board
Petitioner,
)
PCB 03-1 33
)
PCB 03-1 34
v.
)
PCB 03-1 35
)
(consolidated)
COUNTY OF KANKAKEE, COUNTY
)
(Pollution Control Facility Siting Appeals)
BOARD
OF KANKAKEE, and WASTE
)
MANAGEMENT
OF ILLINOIS,
INC.
)
)
Respondents.
)
RESPONSE TO
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
served
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
lll.Adm.Code
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.
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
appeal.
6.
The
County
further
objects
to
the
production
of any
invoice
after
January
31,
2003
as
attorney-client privileged.
Hinshaw &
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
Hinshaw
&
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
Respecifully submitted,
COUNTY OF
KANKAKEE
and
COUNTY BOARD
OF
KANKAKEE
By:
Charles F. Helsten
Richard Porter
Hinshaw & Culbertson
100 Park Avenue
P.O. Box 1389
Rockford,
IL 61105-1389
815/490-4900
Elizabeth S.
Harvey
Swanson,
Martin
& Bell
One IBM
Plaza,
Suite 2900
330 North Wabash Avenue
Chicago,
IL 60611
312/321-9100
3

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