)
No.PCBO3-218
)
)
)
)
)
)
)
)
)
(Pollution Control Facility
Siting Appeal)
RECE~V~D
CLERK’S OFFICE
JAN
1
L1
2004
STATE OF ILLINOIS
Pollution Control
Board
NOTICE
OF FILING
TO:
Counsel or Parties on attached Certificate of Service.
YOU ARE HEREBY NOTIFIED, that on January 12, 2004, we filed an original
and nine copies ofthe attached Agreed Motion to Exceed Page Limit with the Illinois
Pollution Control Board, a copy ofwhich is herewith served on you.
Michael F. O’Brien
McGreevy, Johnson & Williams, P.C.
6735
Vistagreen Way
P.O.
Box 2903
Rockford, IL 61132
815/639-3700
815/639-9400
(Fax)
ROCHELLE WASTE DISPOSAL, L.L.C.
By:
BEFORE THE ILINOIS POLLUTION CONTROL BOARD
ROCHELLE WASTE DISPOSAL, L.L.C.
)
)
Petitioner,
vs.
CITY COUNCIL OF THE CITY OF
ROCHELLE,
ILLiNOIS,
Respondent.
F. O’Brien
THIS DOCUMENT IS PRINTED ON RECYCLED PAPER.
ATTORNEY’S CERTIFICATE OF SERVICE
The undersigned, being first duly sworn on oath, depose and say that I am an
attorney and served the foregoing instrument upon the within named:
Brad Halloran
Richard Porter, Esq.
Illinois Pollution Control Board
Charles Heisten, Esq.
100 West Randolph Street
Hinshaw & Culbertson
11th Floor
100 Park Avenue
Chicago, IL 60601
Rockford, IL 61101
Fax:
(312)814-3669
Fax:
(815)963-9989
Email:
ha1lorab(~ipcb.state.ii.
U5
Email: rporter@hinshawlaw.com
Alan Cooper,
Esq.
Rochelle City Attorney
400 MayMart Drive
P.O. Box 194
Rochelle, IL 61068
Fax:
(815)562-3857
Email: cooplaw@rochelle.net
by sealing a true and correct copy ofthe same in an
envelope, addressed as shown above,
with sufficient United States postage and by depositing said envelope, so sealed and
stamped, in the United States Mail at Rockford, Illinois, at or about the hour of~~
o’clock p.m., on the /4Tth day of January, 2004,
and by telefaxing and emailing a true and
correct courtesy copy ofsame to the fax number and email addresses set forth above, at
or about the hour of4~~
o’clock a.m./p~m.,on the 12~dayofJanuary, 2004.
Mic
ael F.
O’Brien
Michael F. O’Brien
McGreevy, Johnson
& Williams, P.C.
6735
Vistagreen Way
P.O. Box 2903
Rockford, IL 61132
815/639-3700
815/639-9400 (Fax)
00345505.DOC
THIS DOCUMENT IS PRINTED ON RECYCLED PAPER.
~ECE
WED
CLERK’S OFFICE
BEFORE
THE ILINOIS POLLUTION
CONTROL
BOARD
JAN
142004
STATE OF
ILUNOIS
Pollution Control Board
ROCHELLE WASTE DISPOSAL, L.L.C.
)
)
Petitioner,
)
No. PCB 03- 218
)
vs.
)
)
(Pollution Control Facility
Siting Appeal)
)
CITY COUNCIL OF
THE CITY OF
)
ROCHELLE, ILLINOIS,
)
)
Respondent.
)
AGREED MOTION TO EXCEED PAGE LIMIT
The Petitioner, Rochelle Waste Disposal, L.L.C. (“RWD”), by its attorneys
McGreevy, Johnson & Williams, P.C., moves for leave to file a post-hearingbrief not in
excess of80 pages and in support thereof states the following:
1.
RWD
‘
s deadline for filing its post-hearing brief is this Friday, January 16,
2004, and it appears that the issues cannot be dealt with completely within the normal 50
page limit ofSection
101.302(k) ofthe Board’s General Rules.
2.
Evenwhen the issues were limited
to merely the statutory criteria, the
various parties dealing with those issues wrote reports or briefs in excess of 50 pages, the
Rochelle City Council’s Hearing Officer having submitted a 54 page report, the City
Staff having submitted a 98 page report and the Petitionerhaving submitted a 116 page
post-hearing brief to the Council’s Hearing Officer.
3.
In addition to dealing with the various criteria, the Petitioner now also
needs
to deal with the fundamental fairness
issue, and the Petitioner’s counsel has
concluded that he requires at least 80 pages to
deal with all ofthose issues.
THIS DOCUMENT IS PRINTED ON RECYCLED PAPER.
4.
Counsel for the Rochelle City Council has informed RWD’s counsel that
the City Council has no objection to such an order being entered.
WHEREFORE, the Petitionerrequests leave to file a post-hearing briefto the
Board not in excess of80 pages.
ROCHELLE WASTE DISPOSAL, L.L.C.
By:
~
~9L
Michael F. O’Brien
Michael F. O’Brien
McGreevy, Johnson & Williams, P.C.
6735 Vistagreen Way
P.O. Box 2903
Rockford, IL 61132
815/639-3700
815/639-9400 (Fax)
THIS DOCUMENT IS PRINTED ON RECYCLED
PAPER.
ATTORNEY’S CERTIFICATE OF SERVICE
The undersigned, being first duly sworn on oath, depose and say that I am an
attorney and served the foregoing instrument upon the within named:
Brad Halloran
Illinois Pollution Control Board
100 West Randolph Street
11th Floor
Chicago, IL 60601
Fax:
(312)814-3669
Email:
hallorab@ipcb.state.il.us
Alan Cooper, Esq.
Rochelle City Attorney
400 May Mart Drive
P.O.
Box
194
Rochelle, IL 61068
Fax:
(815)562-3857
Email: cooplaw@rochelle.net
Richard Porter, Esq.
Charles Helsten, Esq.
Hinshaw & Culbertson
100 Park Avenue
Rockford, IL 61101
Fax:
(815) 963-9989
Email: rporter@hinshawlaw.com
by sealing a true and correct copy of the same in
an envelope,
addressed as shown above,
with sufficient United States postage and by depositing said envelope, so sealed and
stamped, in the United~tates
Mail at Rockford,
Illinois, at or about the hour of
,5
o’clock p.m., on the
/~I7
day ofJanuary, 2004, and by telefaxing and emailing a true and
correct courtesy copy of same to
the fax number and email addresses set forth above, at
or about the hour ofJ/.~o
o’clock a.mip~..,on the /,2~’dayofJanuary, 2004.
(~L
Michael F. O’Brien
McGreevy, Johnson & Williams, P.C.
6735
Vistagreen Way
P.O. Box 2903
Rockford, IL 61132
815/639-3700
815/639-9400 (Fax)
0034549 1.DOC
MichTael F.
O’Brien
THIS DOCUMENT IS PRINTED ON RECYCLED
PAPER.