BEFORE THE ILLINOIS POLLUTION
CONTROL
BOAR~EC
CLERK’S OFFICE
VILLAGE
OF SOUTH ELGIN,
AUG
12
2003
Complainant,
STATE
OF ILLINOIS
No. PCB
~
Control Board
v.
(Enforcement)
WASTE MANAGEMENT
OF ILLINOIS, INC.;
Respondent.
NOTICE OF FILING
To:
Donaldj.
Moran
Loren Blair
Pedersen & Houpt
161 North Clark Street-Suite 3100
Chicago, IL
60602
PL~SETAKE NOTICE that on
Si
/~
~
,
2003,1 have causedto be filed
with the Illinois Pollution ControlBoard; Thompson Center; Chicago, illinois, the attachedANSWER
OF
VILLAGE
OF
SOUTH
ELGIN
TO
AFFIRMATIVE
DEFENSE
OF
WASTE
MANAGEMENT OF ILLINOIS, INC.,
a copy of same being
served upon you.
By
/‘41~/~~
,/
One of its attorneys
DerkeJ. Price
PaulN. Keller
ANCEL, GLINK, DIAMOND, BUSH, DICIANNI
&
ROLEK,
P.C.
140 South Dearborn Street,
Sixth Floor
Chicago, Illinois 60603
(312)
782-7606 Tel
(312)
782-0943 Fax
CERTIFICATE OF
SERVICE
The undersigned certifies that she served a copy of this Notice of Filing and its attachment by
sealing same in a duly-adckessed envelope, with proper iirst-class postage prepaid, and depositing said
envelope in the US Mail at 140 South Dearborn; Chicago, Illinois, before the hour of 5:00 p.m., on this
/~W1~
day of August, 2003.
Under penalties as provided by law pursuant to735 ILCS
5/1-109,
I certi~’
that the statements set forth herein are true and correct
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L:\LStefanich\My Documents\Derke\Village of South Elgin\WasteMgmt\Po utionControlBoard\
FilingAnswer.wpd
/
3327310.000
BEFORE THE ILLINOIS POLLUTION CONTROL
BOAR1S~
~o~
VILLAGE
OF SOUTH ELGIN,
St?~
CofltT0l ~
potut10~~
Complainant,
No. PCB 03-106
v.
(Enforcement)
WASTE MANAGEMENT
OF ILLINOIS, INC.;
Respondent.
ANSWER OF VILLAGE OF SOUTH ELGIN TO
AFFIRMAT1ITE DEFENSE OF WASTE MANAGEMENT
OF ILLINOIS. INC.
TheVillage of South Elgin
(“Village”),
by and
through
its attorneys,
ANCEL, GUNK, DIAMOND,
BUSH, DICIANNI &ROLEK,
P.C., as andforits Answer to the AffirmativeDefenses of Defendant Waste
Management of Illinois, Inc. (“WMI”) states
as follows:
FIRST AFFIRMATIVE DEFENSE
1.
The Complaint alleges that WMII’s request for local siting approval of the Woodland
Transfer Facility on an
8.9 acre portion of the Woodland Landfill property violates certain terms and
conditions of the Resolution.
ANSWER:
Admitted.
2.
The Complaint is premature because WMII’s request for local siting approval of the
Woodland Transfer Facility was denied by the Kane County Board.
ANSWER:
Denied.
3.
Therefore,
unless and until
the
Board reverses
the
Kane
County
Board’s decision
denying local siting approval, WMII lacks the
ability to
site the Woodland Transfer
Facility and the
Village’s
Complaint fails to allege an
actual controversy ripe for determination.
ANSWER:
Denied.
1
4.
The Complaint is also premature because the Resolution did
not contain a final and
definitive end use plan.
ANSWER:
Denied.
5.
Any steps
toward implementing an
end use plan must first be coordinated with, and
approved by, the appropriate governmental authorities.
ANSWER:
Denied.
6.
To date, no end use plan has been approved or adopted.
Therefore, unless and until
WMII receives the approval andassistance of the appropriate authorities, WMII is unable to implement
any end use plan.
ANSWER:
Denied, stating further,WMII refuses to begin the process of seeking approval
and assistance to
accomplish the promised end use plan.
WI-IEREFORE, the Village of SouthElginrespectfullyrequests that thisHonorable Boardenter
an order denying WMI’s defenses and granting the Village the relief it seeks.
SECOND
AFFIRMATIVE DEFENSE
1.
The Resolution required that the Woodland Landfill site be developed and operatedin
a manner consistent with the representations made at the public hearing held on July 26,
1988.
ANSWER:
Admitted.
2.
No
representations were made by WMII at the July 26,
1988 public
hearing that any
specific end use planwould be implemented on anypart of the Woodland Landfill site.
ANSWER:
Denied.
3.
Therefore,
the
Resolution
does
not
contain
any condition
that
requires
WMII
to
implement an end use plan on any part of the Woodland Landfill site.
ANSWER:
Denied.
WHEREFORE, the Village of South Elginrespectfullyrequests that thisEonorable Board enter
an order denying WMI’s defenses andgranting the Village the relief
it seeks.
2
Respectfully submitted,
VILLAGE
OF SOUTH ELGIN,
a municipal
corporation,
Derke
J.
Price
PAUL N. KELLER
ANCEL,
GUINI~ç
DIAMOND, BUSH, DICIANNI & ROLEK, P.C.
140 South Dearborn Street, Sixth Floor
Chicago, Illinois 60603
(312)
782-7606
(312) 782-0943 Fax
C:\WINDOWS\Temporaty Internet Fi1es\ContentIE5\W1~CLAB4L\transfer.pcb.affdefanswer.wpd
/
attorneys
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