CLERKt~OFFICE
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
DEC 1 ~ 2003
BYRON SANDBERG,
)
)
STATE OF IWNOIS
Petitioner,
)
No. PCB 04-33
Pollution
Control
Board
)
)
(Third-Party Pollution Control
)
Facility Siting Appeal)
)
THE CITY OF KANKAKEE, ILLINOIS CITY
)
COUNCIL, TOWN AND COUNTRY UTILITIES,
)
INC. and KANKAKEE REGIONAL LANDFILL,
)
L.L.C.
)
)
Respondents.
)
___________________________________________________________________________
)
WASTE MANAGEMENT OF ILLINOIS, INC.,
)
)
Petitioner,
)
No. PCB 04-34
)
)
(Third-Party Pollution Control
)
Facility Siting Appeal)
)
THE CITY OF KANKAKEE, ILLINOIS CITY
)
COUNCIL, TOWN AND COUNTRY UTILITIES,
)
INC. and KANKAKEE REGIONAL LANDFILL,
)
L.L.C.
)
Respondents.
)
___________________________________________________________________________
)
COUNTY
OF
KANKAKEE, ILLINOIS and
)
EDWARD D. SMITH, KANKAKEE COUNTY
)
STATEtS ATTORNEY,
)
)
Petitioner,
)
No. PCB 04-3
5
)
)
(Third-Party Pollution Control
)
Facility Siting Appeal)
)
(Consolidated)
THE CITY
OF
KANKAKEE, ILLiNOIS CITY
)
COUNCIL, TOWN AND COUNTRY UTILITIES,
)
INC. and KANKAKEE REGIONAL LANDFILL,
)
L.L.C.
)
)
Respondents.
)
NOTICE OF FILING
DIM 380229 vi December 15, 2003
TO:
See Attached Service List
PLEASE TAKE NOTICE that on December
15,
2003, we filed with Mr. Bradley
Halloran, the attached RESPONSE
TO STATEMENT OF COSTS
in the above entitled
matter.
WASTE MANAGEMENT OF ILLINOIS, INC.
By:
L4
One ofltsAtt
/~.
eys
Donald J. Moran
PEDERSEN & HOUPT
161 North Clark Street, Suite 3100
Chicago, Illinois 60601
(312) 641-6888
Attorney Registration No.
1953923
DJM 380229 vi December
15,
2003
Petitioner WASTE MANAGEMENT OF ILLINOIS, iNC. (“WMII”), by and through its
attorneys, Pedersen & Houpt, responds to the Statement ofCosts to be Reimbursed to the City of
Kankakee (“Statement ofCosts”) by stating as follows:
1.
In the Statement ofCosts, the City ofKankakee requests that this Board enter an
order requiring WMII, the County ofKankakee, and Edward D. Smith to reimburse the City for
certain expenses incurred in preparing and certifying the record in this appeal.
2.
The City requests reimbursement for, among other things, the cost ofthe original
transcripts of the public hearing, nine copies ofthe transcripts, and delivery ofthe record to
Chicago. These costs are not properly reimbursed to the City.
3.
Section 107.306 of the Pollution Control Board’s Procedural Rules provides that
Petitioner in a siting appeal must pay the cost ofpreparing and certifying the record to the Board.
Section 107.3 04(c)
provides
that seven copies ofthe transcript and one original and nine copies
ofother documents must be filed. There is no requirement that original transcripts be filed. In
addition, only seven copies ofthe transcripts need be filed. Finally, there is no provision that
transportation or delivery costs ofthe record must be reimbursedto the City.
4.
The rules do not permit the City to charge petitioners the cost oforiginal
transcripts or transportation costs. These amounts should be subtracted from the Statement of
Costs.
5.
WMII agrees that it and the County maybe required to pay the necessary and
reasonable costs ofpreparing the record, which includes nine copies ofthe application and
exhibits, seven copies of the transcripts, binding materials and the cost ofnumbering pages.
2
WHEREFORE, WMII respectfully requests that this Board deny the City’s request that
petitioners pay the amounts specified in the Statement of Costs, and require only those costs to
be reimbursed which are properly chargeable under the Illinois Environmental Protection Act
and Board Rules as expenses incurred in preparing the record of proceedings.
Respectfully Submitted,
W TE MANAGEMENT OF ILLINOIS, INC.
Its Attorney
/
DonaldPedersenJ.&MoranHoupt
/
161 North Clark Street
Suite 3100
Chicago, Illinois 60601
Telephone: (312) 641-6888
Facsimile: (312)
641-6895
3
PROOF OF SERVICE
Victoria L. Kennedy, a non-attorney, on oath states that she served the foregoing
RESPONSE
TO
STATEMENT
OF COSTS
on the following parties as set out below:
Bradley Halloran, Hearing Officer
Illinois Pollution Control Board
James R. Thompson Center
100 West Randolph Street, Suite 11th Floor
Chicago, Illinois 60601
via hand delivery
Mr. George Mueller
Attorney at Law
501 State Street
Ottawa,IL 61350
Mr. Byron Sandberg
109 Raub Ave
Donovan IL 60931
via electronic transmission-
byronsandberg~starbandnet
Mr. Kenneth Leshen
Assistant City Attorney
One Dearborn Square
Suite
550
Kankakee, IL 60901
Ms. Claire Manning
Posegate & Denes, P.C.
111 N. Sixth Street
Springfield, IL 62705
L. Patrick Power, Esq.
956 North Fifth Avenue
Kankakee, IL 60901
Mr. Charles F. Helsten
Hinshaw & Culbertson
100 Park Avenue
P.O. Box 1389
Rockford, Illinois 61105-1389
Edward Smith
Kankakee County State’s Attorney
Kankakee County Administration Building
189 East Court Street
Kankakee, Illinois 60901
Christopher Bohlen
Barmann, Kramer and Bohlen, P.C.
300 East Court Street, Suite
502
P.O. Box 1787
Kankakee,IL 60901
by electronic transmission to Mr. Byron Sandberg at the e-mail address noted above, by hand delivery to Mr.
Bradley Halloran, and by depositing a copy thereof enclosed in an envelope in the U.S. mail at 161 N. Clark St.,
Chicago, Illinois 60601 on this 15th day of December, 2003 to all other parties listed above.
~
~
Victoria L. Kennedy
“
I
DJM 380229 vi December 15, 2003