CL~Rl’~~l~FIC~
BEFORE THE ILLINOIS POLLUTION CONTROL BOA
0
2003
STATE OF IWNOIS
D.ll....-~.._
~
CITY OF KANKAKEE,
)
)
Petitioner,
)
)
v.
)
)
)
COUNTY OF KANKAKEE, COUNTY
)
BOARD OF KANKAKEE, and WASTE
)
MANAGEMENT OF ILLiNOIS, INC.,
)
)
Respondents.
)
MERLIN KARLOCK,
Petitioner,
V.
COUNTY OF KANKAKEE, COUNTY
BOARD OF KANKAKEE, and WASTE
MANAGEMENT OF ILLINOIS, iNC.,
Respondents.
MICHAEL WATSON,
Petitioner,
V.
COUNTY OF KANKAKEE, COUNTY
BOARD OF KANKAKEE, and WASTE
MANAGEMENT OF ILLiNOIS, iNC.,
Respondents.
PCB 03-03-125
(Third-Party Pollution Control
Facility Siting Appeal)
PCB 03-133
(Third-Party Pollution Control
Facility Siting Appeal)
PCB 03-134
(Third-Party Pollution Control
Facility Siting Appeal)
PCB
03-135
(Third-Party Pollution Control
Facility Siting Appeal)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
KEITH RUNYON,
Petitioner,
V.
COUNTY OF KANKAKEE, COUNTY
BOARD OF KANKAKEE, and WASTE
MANAGEMENT OF ILLINOIS, INC.,
Respondents.
365122
This document
was
printed on re
cycled
paper.
NOTICE OF FILING
TO:
See Attached Service List
PLEASE TAKE NOTICE that on May2, 2003, we filed with the Illinois Pollution Control
Board, the attached WASTE MANAGEMENT
OF ILLINOIS,
INC.’S OBJECTION
TO
PETITIONER MICHAEL WATSON’S LIST OF WITNESSES TO TESTIFY AT THE
PUBLIC HEARING, MOTION TO QUASH & FOR SANCTIONS
in the above entitled matter.
w~EA:A::MENT OF ILLINOIS, INC.
One ofIts Attorneys
Donald J. Moran
Lauren Blair
PEDERSEN & HOUPT
Attorneys for Petitioner
161 N. Clark Street
Suite 3100
Chicago, IL 60601
Telephone: (312) 641-6888
365122
This
document was printedon recycledpaper.
PROOF OF SERVICE
Victoria L. Kennedy, a non-attorney, on oath states
that she served the foregoing
WASTE
MANAGEMENT OF ILLINOIS, INC.’S OBJECTION TO PETITIONER MICHAEL
WATSON’S LIST OF WITNESSES TO TESTIFY AT THE PUBLIC HEARING, MOTION
TO QUASH & FOR SANCTIONS
on the following parties by hand
delivery to Hearing Officer
Bradley Halloran at 100 West Randolph Street, Suite 11-500, Chicago, Illinois 60601 and by facsimile to
all other parties at their facsimile number listed belowon or before 5:00 p.m. on this 2nd day ofMay, 2003:
Ms. Dorothy M. Gunn, Clerk
Illinois Pollution Control Board
James R. Thompson Center
100 West Randolph Street, Suite 11-500
Chicago, Illinois 60601
Charles F. Helsten, Esq.
Richard S. Porter, Esq.
Hinshaw & Culbertson
100 Park Avenue
P.O. Box 1389
Rockford, IL 61105-1389
(815)
490-4900
(815)
963-9989 (fax)
Kenneth A. Leshen, Esq.
One Dearborn Square, Suite 550
Kankakee, IL 60901
(815) 933-3385
(815) 933-3397 (fax)
JenniferJ. Sackett Pohlenz, Esq.
175
W. Jackson Boulevard, Suite 1600
Chicago, IL 60604
(312) 540-7540
(312)
540-0578
(fax)
Bradley Halloran, Hearing Officer
Illinois Pollution Control Board
James R. Thompson Center
100 West Randolph Street, Suite 11th Floor
Chicago, Illinois 60601
(312) 814-8917
(312) 814-3669
(fax)
George Mueller, Esq.
501 State Street
Ottawa, IL 61350
(815)
433-4705
(815) 433-4913 (fax)
Elizabeth Harvey, Esq.
Swanson, Martin &
Bell
One IBM Plaza
Suite 2900
330 North Wabash
Chicago, IL 60611
(312) 321-9100
(312) 321-0990 (fax)
L. Patrick Power, Esq.
956
North Fifth Avenue
Kankakee, IL 60901
(815)
937-6937
(815) 937-0056 (fax)
Keith Runyon
1165 Plum Creek Drive, Unit D
Bourbonnais, IL 60914
(815)
937-9838
(815) 937-9164
(fax)
Victoria L. Kennddy)
)
365122
This document was printed on recycledpaper.
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
CITY OF KANKAKEE,
)
)
Petitioner,
)
)
v.
)
)
)
COUNTY OF KANKAKEE, COUNTY
)
BOARD OF KANKAKEE, and
WASTE
)
MANAGEMENT OF ILLINOIS, INC.,
)
)
Respondents.
)
MERLIN KARLOCK,
Petitioner,
V.
COUNTY OF KANKAKEE, COUNTY
BOARD OF KANKAKEE, and WASTE
MANAGEMENT OF ILLINOIS, INC.,
Respondents.
MICHAEL WATSON,
Petitioner,
V.
COUNTY OF KANKAKEE, COUNTY
BOARD OF KANKAKEE, and WASTE
MANAGEMENT OF ILLINOIS, INC.,
Respondents.
PCB 03-03-125
(Third-Party Pollution Control
Facility Siting Appeal)
PCB 03-133
(Third-Party Pollution Control
Facility Siting Appeal)
PCB 03-134
(Third-Party Pollution Control
Facility Siting Appeal)
PCB 03-135
(Third-Party Pollution Control
Facility Siting Appeal)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
KEITHRUNYON,
Petitioner,
V.
COUNTY OF KANKAKEE, COUNTY
BOARD OF KANKAKEE,
and WASTE
MANAGEMENT OF ILLINOIS, INC.,
Respondents.
365159
This Document was Printed on Recycled Paper
WASTE MANAGEMENT OF ILLINOIS, INC.’S OBJECTION TO PETITIONER
MICHAEL WATSON’S LIST OF WITNESSES TO TESTIFY AT
THE
PUBLIC
HEARING. MOTION TO
STRIKE
& FOR SANCTIONS
Respondent WASTE MANAGEMENT OF ILLINOIS, INC. (“WMIT”), by its attorneys,
Pedersen & Houpt, in support of its objection to Petitioner Michael Watson’s witness listlmotion
to strike and for sanctions states as follows:
1.
The parties were directed
to file and serve by 1:00 p.m. on May 2, 2003, witness
lists identifying who they intend to call to testify at the hearing.
2.
At or around 1:00 p.m. on May 2nd, Petitioner faxed a document entitled “List of
Witnesses to Testify at the Public Hearing”. However, Petitioner’s document was not simply a
witness list, which was all that the parties were given leave to file, but also purports to be a Rule
237 Notice to
Produce (in direct violation of the Hearing Officer’s prior rulings) and a motion of
sorts requesting various relief, including leave to take an evidence deposition or to submit written
questions to be answered, certified and admitted into evidence.
3.
Despite prior rulings by the Hearing Officer, paragraph 3 of Petitioner’s witness
list identified Donald J.
Moran, WIvifi’s attorney of record in
this matter, and Lee Addleman,
who is recuperating
from liver transplant surgery, as witnesses to appear at the hearing.
4.
On May 1, 2003,
the Hearing Officer entered an Order that
Mr. Moran will not be
required to testify at the hearing. On April 30, 2003, the Hearing Officer entered an
Order
sustaining WIvifi’s objections to the depositions of Mr. Moran and
Mr. Addleman. The April
30th Order was entered after considering
Petitioner City of Kankakee’s Motion to Reconsider the
Hearing Officer’s rulings with respect to the depositions ofMr. Moran and Mr.
Addleman.
5.
Petitioner’s Notice to Produce/attempt to compel Mr. Moran and Mr. Addleman to
365159
This Document was Printed on Recycled Paper
2
testify at the hearing, in direct contravention to the Hearing Officer’s May 1st and April 30th
rulings, should be stricken/denied. Additionally, all other matter contained in Petitioner’s
document, other than the designation of appropriate witnesses, should be stricken.
6.
Petitioner’s last minute request that Mr. Addleman be made to submit to an
evidence deposition or written questions also contravenes the Hearing Officer’s prior rulings that
WMTI need not make Mr. Addleman available as a witness in these proceedings. As such, this
request should also be denied.
7.
Petitioner’s exceptions to the Hearing Officer’s prior rulings on this issue were
clearly made and preserved for appeal. As such, Petitioner’s latest attempt to compel Mr. Moran
and Mr. Addleman’s appearance at the hearing serves no other purpose than to harass WMI,
delay these proceedings, increase the costs of litigation, as well as defy the Hearing Officer’s
Orders. Petitioner’s willful and contumacious conduct warrants sanctions pursuant to Section
101.800 of the Illinois Pollution Control Board’s Procedural Rules.
WHEREFORE, WJV11T requests that the Hearing Officer:
A.
Strike all matter contained in Petitioner’s document, other than the designation of
appropriate witnesses;
B.
Quash Petitioner Michael Watson’s Notice to Produce Donald
J.
Moran and Lee
Addleman as witnesses at the hearing;
C.
Bar Petitioner from filing any other pleading ormaking any further attempts to
call Donald
J.
Moran and Lee Addleman as witnesses at the hearing;
D.
Deny Petitioner’s request to take the evidence deposition of, or submit written
questions to, Lee Addleman;
B.
Award WMII its attorney’s fees and
costs incurred in connection with the
preparation and presentation of this pleading; and
365159
This Document was Printed on Recycled Paper
3
F.
Provide such further and other relief as he deems appropriate.
Respectfully submitted,
WASTE MANAGEMENT OF ILLINOIS, INC.
By~~
~IVneofItsAttorneys
Donald J. Moran
Lauren Blair
PEDERSEN & HOTJPT
161 North Clark Street
Suite 3100
Chicago, Illinois 60601
(312) 641-6888
365159
This Document was Printed on Recycled Paper
4