BEFORE THE ILLINOIS POLLUTION CONTROL BOA~
c~~v~D
CL~RK~S
OFFICE
WASTE MANAGEMENT OF ILLiNOIS, INC.
)
JUN 302003
Petitioner/Respondent,
PollutionSTATE
OFControlILLINOISBoard
vs.
)
PCB 03-144
)
(Pollution Control
)
Facility Siting Appeal)
KANKAKEE COUNTY BOARD,
)
)
Respondent.
)
NOTICE OF FILING
TO:
See Attached Service List
PLEASE TAKE NOTICE that on June 30, 2003, we filed with the Illinois Pollution
Control Board, the attached WASTE MANAGEMENT
OF ILLINOIS, INC.’S MOTION
FOR EXTEND
BRIEFING SCHEDULE in ~lieabove entitled matter.
W\~~EMANAGEM
T OF ILLINOIS, INC.
By
~
Donald J. I/loran
/ ~
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
DIM
368861 vi June 30,2003
BEFORE THE ILLINOIS POLLUTION CONTROL
BOARDECEIvED
WASTE MANAGEMENTPetitioner/Respondent,OF ILLINOIS, INC.
)))
CLERK’S
JUN~02003
O!~’~L
)
STATE OF ILL1NOI
V5•
)))
PCB(PollutionFacility03-144SitingControlAppeal)pollutIon Con tro! Board
KANKAKEE COUNTY BOARD,
)
)
Respondent.
)
WASTE
MANAGEMENT
OF ILLINOIS, INC.’S
MOTION TO EXTEND BRIEFING SCHEDULE
Petitioner/Respondent WASTE MANAGEMENT OF ILLINOIS, INC. (“WMII”), by its
attorneys, Pedersen & Houpt, pursuant to Section 101.522 of the Illinois Pollution Control Board
(“Board”) Procedural Rules (“Rules”) moves for an extension of the briefing schedule in the
above-captioned matter and, in support thereof, states as follows:
1.
On March 7, 2003, WMH filed its Petition for Review of Site Location Approval
Conditions. WIVifi’s appeal contests and objects to Special Conditions 2(h) and 2(x), which the
County issued as part of the Site Location Approval, on the grounds that they (i) are neither
reasonable nor necessary to accomplish the purposes of Section 39.2 ofthe Act; and (ii) are not
supported by the record and have not been demonstrated to be either technically appropriate or
operationally reasonable.
2.
The original statutory decision deadline was August 7, 2003. On May 8, 2003,
WMII extended the statutory decision deadline to September 4, 2003.
3.
On May 20, 2003, after the conclusion of the hearing in this matter, the Hearing
368804
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Officer entered an Order setting the following briefing schedule: Petitioner’s opening post-
hearing brief due by June 30, 2003; Respondent’s post-hearing brief due by July 30, 2003;
Petitioner’s reply due by August 4, 2003; Amicus Curiae briefs and public comment due by June
10, 2003.
4.
On June 27, 2003, WMII extended the statutory decision deadline for a second
time to October
15,
2003.
5.
In light of the extension of the statutory decision deadline, the briefing schedule
should likewise be extended an additional 35 days.
6.
Moreover, Donald J. Moran, the attorney for WMII primarily responsible for
handling this matter, it currently handling a variety of other matters for WMII. Many of the
various matters Mr. Moran is handling for WMTI have had, and continue to have, overlapping
deadlines and hearing dates for the months of May, June and July 2003.
7.
In light of the foregoing, WMII requires additional time to prepare the opening
post-hearing brief in this matter.
8.
This is the first Motion for Extension ofTime filed by WMII in this matter. This
Motion is not brought for the purpose ofimproper delay or harassment, and no prejudice to
Respondent will result from an extension of an additional 35 days.
9.
Counsel forWMIII attempted to contact counsel for Respondent, but was unable to
reach them to learn whetherRespondent has any objection to the requested extension.
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2
WHEREFORE, WASTE MANAGEMENT OF ILLINOIS, INC. respectfully requests
that the briefing schedule in this matter be extended for an additional 35 days from June 30, 2003
to August 4, 2003, and for such other and further relief as is deemed appropriate.
Respectfully submitted,
WASTE MANAGEMENT OF ILLINOIS, INC.
By~~
One ofIts Attorneys
Donald J. Moran
Lauren Blair
PEDERSEN & HOUPT
161 North Clark Street
Suite 3100
Chicago, Illinois 60601
(312) 641-6888
368804
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3
PROOF OF SERVICE
Victoria L. Kennedy, a non-attorney, on oath states that she served the foregoing
WASTE
MANAGEMENT OF ILLINOIS, INC.’S MOTION TO EXTEND BRIEFING
SCHEDULE
on the following parties by hand delivery on or before 5:00 p.m. on this 30th day of
June, 2003:
Ms. Dorothy M. Gunn, Clerk
Illinois Pollution Control Board
James R. Thompson Center
100 West Randolph Street, Suite 11-500
Chicago, Illinois 60601
Bradley Halloran, Hearing Officer
Illinois Pollution Control Board
James R. Thompson Center
100 West Randolph Street,
Suite
11th Floor
Chicago, Illinois 60601
and on the following parties both by facsimile atthe facsimile numbers listed below and by depositing same in
the U.S. mail at 161 N. Clark St., Chicago, Illinois 60601 on or before 5:00 p.m. on this 30th day of June,
2003:
Elizabeth
Harvey,
Esq.
Swanson, Martin & Bell
One IBM Plaza
Suite 2900
330 North Wabash
Chicago, IL 60611
(~1’)\ ~‘)1JlOOfl
(fc~v\
Charles F. Helsten, Esq.
Richard S. Porter, Esq.
Hinshaw & Culbertson
100 Park Avenue
P.O. Box 1389
Rockford, IL 61105-1389
121
c\ Ol’L0020
1f,~v\
Kenneth A. Leshen, Esq.
One Dearborn Square, Suite 550
Kankakee, IL 60901
(815)
933-3397
(fax)
Jennifer J. Sackett Pohlenz, Esq.
175
W. Jackson Boulevard, Suite 1600
Chicago, IL 60604
(312)
540-7540
(312)
540-0578
(fax)
DJM 368861 vi June 30,2003