ILLINOIS POLLUTION
CONTROL BOARD
RE
CE IV ED
ROCHELLE WASTE DISPOSAL,
L.L.C.,
)
CLERK’S
OFFICE
Petitioner,
AUG
2
7
2003
)
STATE
OF
ILLINOIS
vs.
)
PCB 03-218
Pollution
Control Board
)
(Pollution
Control Facility
CITY COUNCIL
OF THE CITY OF
)
Siting
Appeal)
ROCHELLE,
ILLINOIS,
)
Respondent.
)
NOTICE
OF
FILING
To:
(See attached
Service List.)
PLEASE TAKE NOTICE that on this
27th
day of August 2003,
there was filed with the Illinois
Pollution
Control
Board,
Respondent’s
Motion for Extension
of
Time
and for Leave
to
File
Reduced Number of Copies,
attached and
herewith
served
upon you.
CITY COUNCIL OF THE CITY OF
ROCHELLE,
ILLINOIS
By:_____________
One of Its Attorneys)”~—-
Charles
F. Helsten
Richard
S.
Porter
Hinshaw
& Culbertson
100
Park Avenue
P.O. Box1389
Rockford, IL 61105-1389
815/490-4900
CERTIFICATE OF SERVICE
I, the
undersigned
non-attorney,
state
that
I
served
a copy
of
Respondent’s
Motion
for
Extension
of Time
and
for Leave to
File
Reduced
Number of Copies to
counsel
of record
in
the
above-captioned
matter by mailing
a
copy
to
counsel of record
via
U.S.
Mail
at
One
IBM Plaza,
Chicago,
IL
60611
on or before
5:00
p.m. onAugust 27, 2003.
/
~M1L72~~
(~L~L~
Je
n~tteM.
Podlin
x
Under penalties as provided by law
pursuant to
735 ILCS
5/1 -1 09,
I certify
that the statements set forth
herein
are true and
correcL
SERVICE LIST
PCB 03-218
Michael
F.
O’Brien
McGreevy, Johnson
& Williams, P.C.
6735 Vistagreen Way
P. 0. Box 2903
Rockford,
IL
61132-2903
George Mueller,
P.C.
Attorney at Law
501
State Street
Ottawa,
IL
61350-3578
Alan Cooper
Attorney at Law
400 May Mart Drive
P.O. Box 194
Rochelle,
IL
61068
Bruce McKinney
Rochelle City Clerk
City of Rochelle
6thi
Street &
5th Avenue
Rochelle,
IL
61068
Bradley Halloran
Illinois Pollution Control Board
100West Randolph Street
Suite 11-500
Chicago,
IL
60601
ILLINOIS POLLUTIONCONTROL BOARD
RECEIVED
CLERK’S
OFFICE
ROCHELLEWASTE DISPOSAL, L.L.C.,
)
AUG
2
72003
Petitioner,
)
STATE OF ILLINOIS
)
Pollution
Control Board
vs.
)
PCBO3-218
)
(Pollution Control Facility
CITY COUNCIL OF THE
CITY OF
)
Siting Appeal)
ROCHELLE, ILLINOIS,
)
Respondent.
)
MOTION
FOR
EXTENSION
OF
TIME AND
FOR LEAVE TO FILE REDUCED NUMBER
OF
COPIES
Respondent
CITY
COUNCIL
OF
THE
CITY
OF
ROCHELLE,
ILLINOIS
(“City”),
by
its
attorneys
Hinshaw &
Culbertson, hereby moves for
an extension of time
in
which
to file its
record, and for leave to file a reduced
number of copies of its
record.
1.
On
June
5,
2003, the Board
issued its order accepting this appeal, and directing
the
City to file its
record of the
proceedings.
2.
To date,
because of a
miscommunication, the City has not filed
its
record.
3.
The
City is
in
the
process
of preparing its
record.
No
hearing date
is yet
set
in
this matter,
and
petitioner has waived the decision deadline to January
19,
2004.
Discovery is proceeding, and
is scheduled to close
on September 30,
2003.
4.
Because discovery
is still underway,
and will
continue for more than
a
month,
no
party
has
been
prejudiced
by
the
City’s
inadvertent
delay
in
filing
the
record.
Likewise,
no
party
will
be
prejudiced
by an
extension
of time,
to
and
including
September
17, 2003, to file the
City’s record.
5.
Additionally,
the City seeks leave
to file only the
original and
three copies of the
record.
Section
107.304(c) of the
Board’s
procedural
rules
requires the
City to
file
the
original
and
nine
copies
of all
documents
(except the
transcript)
in
the
record.
6.
The City
is aware that the
Board has proposed,
in
rulemaking R03-10, amending
its
procedural rules to delete
the requirement in
Section
107.304(c) that the
siting
authority file the
original
and
nine copies of the
record.
The
City
is
also
aware
that the composition
of the
Board
has been reduced from
seven members to five
members, and that the
Board recently consolidated its
offices.
7.
Therefore, the City seeks leave to file the original and three copies of the
record.
WHEREFORE, the City seeks an extension of time,
to and
including
September
17,
2003, to file
its
record;
for
leave
to file the
original
and three copies of the
record;
and
for such other relief as the
Board deems appropriate.
Respectfully submitted,
CITY COUNCIL OF THE
CITY OF
ROCHELLE,
ILLINOIS
By:______________
One of its
attorne.Vs ~
Charles F.
Helsten
Richard S. Porter
Hinshaw & Culbertson
100 Park Avenue
P.O.
Box 1389
Rockford,
IL 61105-1 389
815/490-4900
2