ILLINOIS POLLUTION CONTROL BOARD
~iE
ViED
CLERIcs
OFFICE
ROCHELLE WASTE DISPOSAL, L.L.C.,
)
SEP 122003
Petitioner,
)
STATE OF
ILLINOIS
)
Pollution Control Board
vs.
)
PCBO3-218
)
(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 12thi day of September 2003, there was filed with the
Illinois Pollution Control Board,
Respondent’s Motion for Further 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
P. 4~
~J~—
Charles F. Helsten
Richard
S.
Porter
Hinshaw & Culbertson
100 Park Avenue
P.O. Box 1389
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
Further Extension of Time and for Leave to File Reduced Number of Copies to counsel of record in
the above-captioned matter via U.S. Mail at One IBM Plaza, Chicago, IL 60611 on or before 5:00
p.m. on September 12, 2003.
/ki~/)W
Jea e~’tteM. Podlin
x
Under penalties as provided by law
pursuant to 735 ILCS 5/1-109, I certify
that the statements set forth herein
are true and correct.
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
Bradley Halloran
Illinois Pollution Control Board
100 West Randolph Street
Suite 11-500
Chicago, IL 60601
k~E C E ~VIED
CLERK’S OFFICE
ILLINOIS POLLUTION CONTROL BOARD
SEP 122003
ROCHELLE WASTE DISPOSAL, L.L.C.,
)
)
STATE OF
ILLINOIS
Petitioner,
)
Pollution Control Board
)
vs.
)
PCB03-218
)
(Pollution Control Facility
CITY COUNCIL OF THE CITY OF
)
Siting Appeal)
ROCHELLE, ILLINOIS,
)
Respondent.
)
MOTION FOR FURTHER 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 the Board or the hearing officer
for a further extension of time in which to file its record, and for leave to file a reduced
number of copies of its record.
1. The City has previously filed a motion for extension of time to file its record, and
for leave to file reduced number of copies. That motion has not yet been ruled
upon.
2. The City’s first motion sought an extension of time, to September 17, 2003, in
which to file its record.
3. The City is working diligently to prepare and certify its record. However, the City
Clerk’s Office is literally a one-person office, staffed only by the City Clerk
himself. The record is voluminous, and the process of organizing, numbering,
and certifying the record is extremely time-consuming. The City Clerk will be out
of the office the week of September 8-12, 2003, on a previously-arranged matter,
with no one able to continue record preparation and certification.
The City
estimates that the record will be completed early in the week of September 15.
However, additional time is needed to allow for copying of the record, and filing
with the Board.
4. 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. Because discovery is still underway, no party will
be prejudiced by an extension of time, to and including September 26, 2003, to
file the City’s record.
5. Additionally, the City previously sought leave to file only the original and three
copies of the record. The City continues to seek leave to file the original and
three copies of the record, except that the City asks leave to file only the original
of the following documents:
a. The IEPA operating record of the existing facility, which consists of one
over-sized box of documents, three “bankers’ box-sized” boxes of
documents (known as Petitioner’s Exhibit 129), an additional “bankers’
box” of documents, one envelope of microfiche (known as Petitioner’s
Exhibit 126), and a CD-ROM of microfiche documents (known as
Petitioner’s Exhibit 125);
b. A sample of the composite liner proposed for the facility; and
c. A presentation, on CD-ROM, entitled “Dump the Megadump!”, dated
March 4, 2003.
2
6. The documents and materials listed in paragraph 5 are either extremely
voluminous, or difficult to copy. Thus, the City seeks leave to file only the original
of those materials identified in paragraph 5.
7. The City is aware that the Board has proposed, in rulemaking R04-8, 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.
8. Therefore, the City seeks leave to file the original and three copies of the record,
but only the original of the materials listed in paragraph 5.
WHEREFORE, the City seeks an extension of time, to and including September 26,
2003, to file its record; for leave to file the original and three copies of the record, but
only the original of the materials listed in paragraph 5; and for such other relief as the
Board or hearing officer deem appropriate.
Respectfully submitted,
CITY COUNCIL OF THE CITY OF
ROCHELLE, ILLINOIS
By:
~
F. c~/~
One of its attorn~’s~
Charles F. Helsten
Richard S. Porter
Hinshaw & Culbertson
100 Park Avenue
P.O. Box 1389
Rockford, IL 61105-1389
815/490-4900
3