BELL
ONE IBM PLAZA SUITE 29
330 NORTH WABASH
.
CHICAGO, ILLINOIS 60611
(312) 321-9100
•
FAX
(312) 321-0990
May 1,2003
RECEiVED
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MI\Y
0 1
2003
Writer’s Direct Dial Line
s’rAi2~~ois
~
Board
ehaivey@smbtrials,corn
VIA
HAND-DELIVERY
Ms.
Dorothy M. Gunn
Clerk
of
the Board
Illinois Pollution Control Board
100 West Randolph Street, Suite 11-500
Chicago, IL 60601
RE:
City ofKankakee v. County ofKankakee
PCB Nos. 03-125, 03-1 33, 03-1 34, and 03-135(cons.)
Dear Ms. Gunn:
Enclosed please find the original affidavit of Charles Helsten, a faxed copy ofwhich
was filed with the Board as Exhibit C to the County’s Response to the City’s Motion to
Reconsider Discovery Rulings. As I have already filed the required number of copies with
the Board when filing the motion on April 29, 2003, I have included only the original
affidavit with this letter.
Please call me if you have any questions.
Enclosures
Very truly yours,
Elizabeth S. Harvey
cc:
Service List
(see attached, via U.S. Mail)
(w/out enclosures)
(7/
//
DUFAGE COUNTY OFFICE
•
2100 MANCHESTER ROAD
•
BUILDING C, SUITE 1420
•
WHEATON, ILLINOIS 60187
•
(630) 653-2266
•
FAX (630) 653-2292
LAKE COUNTY OFFICE
•
404 WEST WATER
•
P.O. BOX 890
•
WAUKEGAN, ILLINOIS 60079-0890
•
(847) 625-5550
•
FAX (847) 625-5555
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. Heisten
Richard Porter
Hinshaw & Culbertson
100 Park Avenue
P0. 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
AFFID~~*FW~
~L~TEN
CL~RK~S
Of~FtCE
_________________________________
MTh’
012003
II II
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STATE OFILLINOIS
I, Charles F. Helsten, having been sworn, hereby states the foIloWPFfl~J~t1~fl
Control Board
1. I am a licensed attorney in the State of Illinois. I was retainedto provide legal
representation to the County staff during the local siting proceeding on the
application for site expansion approval filed by Waste Management of Illinois,
Inc. (WMII). I currently serve as co-counsel for the County in this appeal before
the Pollution Control Board.
2.
As part of my representation of the County staff, I provided legal advice and
representation regarding the preparation of the staff’s summary and report on the
application. That summary and report was filed, in the public record with the
County Clerk, on January 6, 2003.
3. During my representation of the County staff, while the application was pending
before the County Board (August 16, 2002 to January 31, 2003), I had no
substantive contact with the County Board or the Regional Planning Commission
(RPC) regarding the application, nor did I provide legal representation to either
entity.
4. In January 2003, I received a voice mail message from Mr. Moran, counsel for
WMII. Mr. Moran’s message made only a general statement that the subject of
his inquiry was certain of the special conditions being recommended by County
staff in the summary and report which had been filed for the record on January 6,
2003.
5. I returned Mr. Moran’s call, but did not speak to him. I left a voice mail message
indicating that notwithstanding the fact I only represented County staff on this
matter and nor the Regional Planning Commission or the County Board,
nonetheless, I did not feel it was appropriate to discuss this matter with him.
6. I had no substantive conversations with Mr. Moran at any time while WMII’s
application was pending.
Further affiant sayeth naught.
“OFFICIAL SEAL”
JOAN LANE
Notary Public, State Of Illinois
- My Commission Expires
4/23/2005
Sworn to before me this
c9FI
d~ ‘April, 2003.