BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
    RECE~VE~
    BYRON SANDBERG,
    )
    )
    cJ~N
    1221)04
    PETITIONER,
    )
    ~~lb
    U-
    )
    PCB 04-33
    P0LL1rfl~CO~i eOAR(
    vs.
    )
    (Third-Party Pollution Control Facility
    )
    Siting Appeal)
    THE CITY OF KANIKAKEE, ILLiNOIS
    )
    CITY COUNCIL, TOWN AND COUNTRY
    )
    UTILITIES, INC., and
    KANKAKEE
    )
    REGIONAL LANDFILL, L.L.C.,
    )
    )
    RESPONDENTS.
    )
    WASTE MANAGEMENT OF ILLINOIS,
    )
    INC.,
    )
    )
    PETITIONER,
    )
    )
    PCB 04-34
    vs.
    )
    (Third-Party Pollution Control Facility
    )
    Siting Appeal)
    THE CITY OF KANIKAKEE, ILLINOIS
    )
    CITY COUNCIL, TOWN AND COUNTRY
    )
    UTILITIES, iNC.,
    and KANKAKEE
    )
    REGIONAL LANDFILL, L.L.C.,
    )
    )
    RESPONDENTS.
    )
    COUNTY OF KANKAKEE, ILLINOIS, and
    )
    EDWARD D. SMITH, KANTKAKEE
    )
    COUNTY STATE’S ATTORNEY,
    )
    )
    PETITIONERS,
    )
    )
    PCB 04-3
    5
    vs.
    )
    (Third-Party Pollution Control Facility
    )
    Siting Appeal)
    THE CITY OF KANIKAKEE, ILLINOIS
    )
    (Consolidated)
    CITY COUNCIL, TOWN AND COUNTRY
    )
    UTILITIES, INC., and KANKAKEE
    )
    REGIONAL LANDFILL,
    L.L.C.,
    )
    )
    RESPONDENTS.
    )
    CITY’S RESPONSE TO STATEMENT FOR COSTS
    Now comes the City ofKankakee and
    in response to the response filed by Waste Management of
    Illinois, states as follows:
    -2-
    I.
    WasteManagement objectsto theassessment ofcosts fororiginal transcripts. The objection
    is disingenuous.
    There cannot be any transcripts reproduced without the original transcripts.
    2.
    To suggest that the City should provide copies oftranscripts withoutbeingreimbursed for
    thepayment ofthe original transcripts, from which the copies are reproduced, is indicative ofthe absurdity
    ofthe position.
    3.
    Further,
    in the
    event that this matter were to
    be appealed
    beyond the Illinois Pollution
    ControlBoard, theIllinois Appellate Court will require the filing ofthe record. In such event, the contents
    ofthe record
    on appeal, pursuant to Illinois
    Supreme Court Rule
    323, require the certification of each
    shorthand reporter who transcribes a report ofproceedings.
    There is no provision for “copies” to be filed
    with the Illinois Appellate Court as the official record.
    Therefore, the original transcripts are required to
    be filed in order to obtain the copies required pursuant to
    Section
    107.304 ofthe Administrative Code of
    the Pollution
    Control Board’s Procedural Rules.
    4.
    There is no prohibition against assessing costs for the purposes of the original transcripts
    in the case.
    The original transcripts are essential and, therefore, should be assessed as costs.
    5.
    Section
    107.306 of the
    Pollution
    Control Board’s
    Procedural
    Rules
    provides
    that
    the
    petitionersmust pay the cost ofpreparing and certifying therecord to the Board.
    Thecost oftransportation
    is a reasonable cost
    that should be assessed against the petitioners herein.
    WHEREFORE, theCity ofKankakee requests this Board approveits statementofcosts and require
    the petitioners herein to reimburse the City.
    In the event that no reimbursement occurs, the City requests
    the petitioners be prohibited from filing briefs
    and maintaining the status ofpetitioners herein.
    Respectfully submitted,
    Christopher W. Bohlen
    CHRISTOPHER W. BOHLEN
    Reg.
    No. 00244945
    Corporation Counsel
    -
    -
    385
    East Court Street
    Kankakee, IL
    60901
    (815)
    933-0500
    -3-
    STATE OF ILLINOIS
    COUNTY OF KANKAKEE
    )
    )
    )
    CERTIFICATE OF SERVICE
    I
    do hereby certify that a copy ofthe foregoing instrument was mailed to:
    Edward D. Smith
    Kankakee County State’s Attorney
    Kankakee County Courthouse
    450 East Court Street
    Kankakee,IL
    60901
    Richard S. Porter
    Hinshaw and
    Culbertson
    100
    Park Avenue
    P.O. Box
    1389
    Rockford, IL
    61105-1389
    George Mueller
    Attorney at Law
    501
    State Street
    Ottawa,IL
    61350
    Donald J. Moran
    Pederson & Houpt
    161 North Clark Street
    Suite 3100
    Chicago, IlL
    60601-3242
    this
    ~
    dayof~’~,
    Byron Sandberg
    109 Raub Street
    Donovan, IL
    60931
    2004, in an envelope properly addressed and with postage prepaid
    by depositing said envelope in the United States Mail Chute at 200 East Court Street, Kankakee, Illinois,
    on or before the hour of 5:00 o’clock p.m.
    ~__
    Subscribed and swoi~
    to before me
    this
    ~~day
    of(
    ~
    2004.
    Notary Public
    0’
    7

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