BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
    JAN 282004
    SALINE COUNTY LANDFILL,
    INC.,
    )
    ESTATE OF
    ILLiNOIS
    )
    0
    Ution Control 8oa~tg
    PETITIONER,
    )
    )
    V.
    )
    No. PCB
    2004-117
    )
    (PERMIT APPEAL)
    ILLINOIS ENVIRONMENTAL
    )
    PROTECTION AGENCY,
    )
    )
    RESPONDENT.
    )
    COUNTY
    OF
    SALINE’S
    MOTION TO INTERVENE
    NOW COMES the COUNTY OF SALINE, a County ofthe State of Illinois, through its
    State’s Attorney, and pursuant to Rule
    101.402 of this Board’s procedural rules,
    35
    III. Adm.
    Code Section
    10 1.402, requests this Board’s leave to intervene in this matter on behalf of the
    position being defended by Respondent, Illinois Environmental Protection Agency (hereinafter
    “IEPA”).
    In support of this motion, the County of Saline states as follows:
    1.
    This case is a permit appeal,
    in which the Saline County Landfill, Inc. (hereinafter
    “Landfill”) (which is not in any way affiliated with any official body of Saline County) is
    seeking review ofa denial by the JEPA of the Landfill’s request for issuance of a landfill
    development permit.
    The landfill airspace to be permitted was subject
    to siting proceedings that
    were held before the Saline County Board during
    1996, and the identified basis for the IEPA’s
    denial is that the Landfill’s permit request was made too long after the siting approval granted by
    the Saline
    County Board, and therefore that the siting approval had expired.
    2.
    The undersigned State’s Attorney for the County of Saline, a constitutional
    officer, is the chief legal
    officer for Saline
    County, and possesses both the duty and the authority
    to represent the interests of the people ofSaline County to ensure
    a healthful environment within
    Saline
    County.
    The State’s Attorney is a state official representing the public interest of Saline
    County,
    and in particular the interest ofSaline County in assuring that siting approvals and
    authorizations are complied with, and that the laws of the State ofIllinois are complied with by
    those wishing
    to do business within Saline County.
    Saline County was a party to
    the siting
    proceedings, and also participated in the permitting process before the IEPA.
    3.
    This intervention is sought by Saline County through its State’s Attorney, because
    of Saline County’s and the State’s Attorney’s interest in protecting the health and environment
    within which the people of Saline County must live and work.
    Further, the citizens of Saline
    County may be materially prejudiced absent the County’s intervention.
    ~
    35
    Iii. Adm. Code
    101.402(d)(2).
    4.
    This intervention is authorized by, and is consistent with, precedent of the Illinois
    Supreme Court, the Illinois Appellate Court, and this Board.
    ~
    Pioneer Processing. Inc.
    v.
    Environmental
    Protection Agency, 102 Ill. 2d 119, 464 N.E.2d 238 (1984);
    Land & Lakes Co.
    v.
    Village of Romeoville, 245 Ill. App. 3d 631, 616 N.E.2d 349 (3d Dist. 1993); Land & Lakes Co.
    v. Village of Romeoville, PCB 91-7 (Feb. 7,
    1991); Land & Lakes Co.
    v. Village of Romeoville,
    PCB 94-195 (Sept.
    1,
    1994); Saline County Landfill, Inc. v. Illinois Environmental Protection
    Agency, PCB 02-108 (April
    18,
    2002).
    5.
    Saline County, through the undersigned State’s Attorney of Saline County,
    requests this Board’s leave to intervene in
    this matter and to participate fully as a party in support
    of the position ofRespondent IEPA, for having rejected the permit request made by the Landfill
    which was not in conformity with the requirements ofthe Illinois Environmental Protection Act.
    WHEREFORE, proposed intervenor, SALINE COUNTY, through the Saline County
    State’s Attorney, requests this Board’s leave to intervene
    in this matter as a party, and thereby to
    2
    RECEIVED
    CLERK’S OFFICE
    JAN
    28
    2004
    BEFORE THE ILLINOIS POLLUTION CONTROL
    BOA~TE OF ILLINOIS
    Pollution Control Board
    ILLINOIS ENVIRONMENTAL
    PROTECTIONAGENCY,
    NOTICE OF FILING
    AND
    PROOF OF SERVICE
    To:
    Brian E. Konzen, Esq.
    Lueders, Robertson, Konzen &
    Fitzhenry
    1939 Delmar, P.O. Box 735
    Granite City, IL
    62040
    Pollution Control Board, Attn: Clerk
    100 West Randolph Street
    James R. Thompson Center
    Suite 11-500
    Chicago, IL 60601-3218
    Carol
    Sudman
    Hearing Officer
    Illinois Pollution Control Board
    600 South Second Street, Suite 402
    Springfield,
    IL
    62704
    Division of Legal counsel
    Illinois Environmental Protection Agency
    1021 North Grand Avenue East
    P.O. Box 19276
    Springfield, IL
    62794-9276
    PLEASE TAKE NOTICE that on the
    ,,~
    7
    day ofJanuary, 2004, we sent to the Clerk of
    the Pollution Control Board the original and nine copies of the COUNTY OF SALINE’S
    MOTION TO INTERVENE for filing
    in the above entitled cause.
    The undersigned certifies that
    a true and correct copy of the above-described
    document
    was served
    upon each of the above-identified individuals via
    U.S. mail, by enclosing the same
    in envelopes properly addressed, with postage fully prepaid, and by depositing
    said envelopes in
    a U.S. Post Office mail box, all on the~,7
    7
    d~faary,
    2004.
    ~R
    olf
    Rod Wolf
    Saline
    County State’s Attorney
    10 E. Poplar St.
    Harrisburg, IL
    62946
    618-253-7169 phone
    618
    253-4106 fax
    SALINE COUNTY LANDFILL, INC.,
    )
    PETITIONER,
    )
    )
    v.
    )
    )
    No. PCB 2004-117
    (PERMIT APPEAL)
    RESPONDENT.
    )
    )
    )
    ThIS
    FILING
    IS
    SUBMITFED
    ON
    RECYCLED PAPER

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