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

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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

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

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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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