RECEtVED
ILLINOIS POLLUTION CONTROL BOARD
BYRON SANDBERG,
)
2
2004
Petitioner,
)
vs.
)
PCB
04-33
THE CITY OFKANKAKEE, ILLINOIS
)
(Third PartyPollution Contro~
W119f’1
CONTROL ~OAR1)
CITY COUNCIL, TOWN
& COUNTRY
)
Siting Appeal)
UTILITiES, INC., and KANKAKEE
REGIONAL LANDFILL, L.L.C.
)
Respondents.
)
WASTE MANAGEMENT OF ILLINOIS)
INC.,
)
Petitioner,
)
vs.
)
PCB 04-34
THE CITY OF KANKAKEE, ILLINOIS
)
(Third
Party
Pollution Control Facility
CITY
COUNCIL, TOWN & COUNTRY
)
Siting Appeal)
UTILITIES, INC., and KANKAKEE
)
REGIONAL LANDFILL,
L.L.C.,
)
Respondents.
)
COUNTY OF
KANKAKEE,
ILLINOIS,
)
and EDWARD D. SMITH,
KANKAKEE
)
COUNTY STATE’S ATTORNEY,
)
Petitioners,
)
vs.
)
PCB 04-35
THE CITY OF
KANKAKEE,
ILLINOIS
)
(Third
Party Pollution Control Facility
CITY COUNCIL,TOWN & COUNTRY
)
Siting Appeal)
UTILITiES, INC.,
and
KANKAKEE
)
(Consolidated)
REGiONAL LANDFILL, L.L.C~,
)
Respondents.
)
NOTICE OF FILING
TO: See Attached Service List
PLEASE TAKE NOTICE that on December
31, 2003
there caused to be
filed
via U.S. Mail with the
Illinois Pollution
Control Board an original and
9
copies of the following document, a copy of which
is attached
hereto:
TOWN
& COUNTRY UTILITIES, INC.’S MOTION TO STRIKE
PETITIONER COUNTY OF
KANKAKEE’S
POST-HEARING BRIEF
BY:_______________________
Attom’dy at Law
* * * * * * ** ** * * ** * ** ** * * ** ** ** ** ** * * ***
** * ** ** ** * * * ***
** ***
* ** ** * *******
* ***
** * * * * ***
* * * ** * ** **
PROOF OF SERVICE
STATE OF ILLINOIS
)
)SS.
COUNTY OF LASALLE
)
The undersigned, being first duly
sworn,
state that
I
served a true and correctcopy of the foregoing Notice,,
together witha copy of each document referred to therein, upon the person(s) indicated via their facsimile numbers
as indicated in the
Service List on
the 31st Day ofNovember, 2003.
SUBSCRIBED
and
SWORN TO
Before Me This 31st Day ofpecember, 2003.
N~kary
Pub~
/
.0~ic~&
SEAL’
HOTh~°Og4o2OO5
SERVICE LIST
Dorothy M. Gunn, Clerk
Illinois Pollution
Control Board
James
R. Thompson Center, Suite 11-500
100 W. Randolph St.
Chicago, IL 60601
Donald J. Moran
Pedersen &
Houpt
161
North Clark St.
Suite 3100
Chicago, IL
60601
Fax:
(312) 261-1149
Kenneth A. Leshen
Christopher W. Bohien
Pat Power
City ofKankakee Corporate Counsel
385
East Oak St.
Kankakee, IL
60901-1787
Fax: (815) 933-3397
Byron Sandberg
109 Raub St.
Donovan, IL
60931
byronsandberg(2i~starband.net
Bradley P. Halloran, Hearing Officer
Illinois Pollution Control Board
James R.
Thompson Center, Suite 11-500
100 W. Randolph St.
Chicago, IL
60601
Fax: (312) 814-3669
Edward D.
Smith, State’s Attorney
Charles F. Heisten, Esq.
Richard
S. Porter,
Esq.
Hinshaw and Culbertson
P.O. Box
1389
Rockford, IL
61105-1389
Fax:
(815) 490-4901
Elizabeth Harvey, Esq.
Swanson, Martin & Bell
One IBM Plaza
Suite 2900
330 North Wabash
Chicago, IL
60611
Fax:
(312) 321-0990
BYRON SANDBERG,
)
vs.
Petitioner,
)
THE CITY
OF
KANKAKEE,
ILLINOIS)
CITY COUNCIL, TOWN & COUNTRY)
UTILITIES, INC., and
KANKAKEE
)
REGIONAL LANDFILL, L.L.C.
)
)
PCB 04-33
RECEIVED
2
2004
~1A11~
OF
IWNUIS.
POLWflON
CONTROL ~
Respondents.
)
WASTE MANAGEMENT OF ILLINOIS)
INC.,
)
vs.
Petitioner,
)
)
THE CITY OF
KANKAKEE,
ILLINOIS
CITY COUNCIL, TOWN & COUNTRY
UTILITIES, INC., and
KANKAKEE
REGIONAL LANDFILL, L.L.C.,
Respondents.
)
PCB 04-34
(Third Party Pollution Control Facility
Siting Appeal)
COUNTY OF
KANKAKEE,
ILLINOIS,
)
and EDWARD D. SMITH,
KANKAKEE)
COUNTY STATE’S ATTORNEY,)
vs.
Petitioners,
THE CITY OF
KANKAKEE,
ILLINOIS
CITY COUNCIL, TOWN & COUNTRY
UTILITIES, INC., and
KANKAKEE
REGIONAL LANDFILL, L.L.C.,
Respondents.
)
)
PCB 04-35
)
(Third Party Pollution Control Facility
)
Siting Appeal)
)
(Consolidated)
)
)
TOWN & COUNTRY UTILITIES, INC.’S MOTION TO
STRIKE
PETITIONER COUNTY OF
KANKAKEE’S
POST-HEARING BRIEF
Now come Town & Country Utilities, Inc. and Kankakee Regional Landfill, L.L.C. by
their attorney, George Mueller, (hereinafter “Town & Country”) and moves that the Illinois
Pollution Control Board strike the post-hearing brieffiled by Petitioner County ofKankakee.
In
support ofthis motion, Town & Country states the following:
THE ILLINOIS POLLUTION CONTROL BOARD
(Third Party Pollution Control Facility
Siting Appeal)
)
)
)
)
1
(1)
Board Procedural Rule
101.302 (k) states:
No motion, briefin support ofmotion, or brief may exceed 50 pages, and no
amicus curiae brief may exceed 20 pages, without prior approval ofthe Board or
hearing officer. These limits
do not include appendices containing relevant
material.
35
Ill. Adrn. Code 101.302(k).
(2)
The post-hearing brieffiled by the County of Kankakee on December 24, 2003 in
this matter is
109 pages long, without appendices.
(3)
Respondent, Town & Country, Inc., is not aware of any action taken by the Board
or Hearing Officer to approve this excessive filing in accordance with 35111. Adm.
Code
101.302(k).
(4)
On December 22, 2003, the Petitioner County ofKankakee filed a Motion with
the Board seeking leave to
exceed the page limitation.
(5)
That Motion was not filed in good faithin that it did not allow the Board
sufficient time to
consider the requested leave to file, prior to the filing deadline, nor did it allow
Respondent Town & Country, Inc. sufficient time to respond to the request.
(6)
Counsel for County ofKankakee is well aware ofBoard proceedings and
procedures, including the Board’s meeting schedule.
(7)
Counsel for County ofKankakee participated in numerous conferences with the
parties and Hearing Officer.
(8)
While the briefing schedule was the subject ofthe parties’ discussions with the
Hearing Officer, Counsel forTown & Country did not seek leave from the Hearing Officer to file
a brief in excess ofthe page limitation contained in Rule
101.302(k).
2
(9)
The final Hearing Officer order submitted in this matter does not grant County of
Kankakee leave to file a brief in excessive of the Board’s page limitation.
(10)
Counsel for County of Kankakee had ample opportunity to request the Board’s
prior approval, as required, for the filing of this brief in significant excess ofthe Board’s
requirements.
As an example ofthe County’s incredulous disregard for the Board’s rules,
processes and rulings, the County spends approximately fifteen pages ~p.9-23) presenting the
very same arguments it presented, and lost, before the Board in PCB 03-03-31, 33, 35 (January 9,
2003) concerning notice.
The Briefas much as admits so and is nothing other than a blatant
attempt to get the Board to reverse its original (and correct) ruling on notice, upon which Town
& Country relief in this matter.
(11)
The excessive length ofthe briefunduly prejudices Town & Country, Inc. who
must, by Hearing Officer Order, submit its Response Briefby January 9, 2003.
(12)
The excessive brieffiled by the County, with its numerous parts and subparts and
summations, is unnecessary to the Board’s determination in this matter. It is redundant and
arduous.
Instead of illuminating the issues for the Board, the excessive brief dilutes the clarity of
those issues and is unduly burdensometo the Board and to the Respondents.
(13)
The Board should not condone the County’s callous treatment ofits rules.
3
For the foregoing reasons, Town & Country,
Inc. praysthat the Board strike the County
of Kankakee’s Post-Hearing Briefbecause ofits failure to adhere to Board Rule 10 1.302(k).
Respectfully Submitted,
Town & Country Utilities, Inc. and
Kankakee Regional Landfill, LLC
BY:
_______________
Geo~e
Mueller
GEORGE MUELLER, P.C.
Attorney atLaw
501 State Street
Ottawa, IL
61350
Phone: (815) 433-4705
4