RECEIVED
BEFORE
THE ILLINOIS POLLUTION CONTROL BO~t~RK’S
OFFICE
SALINE
COUNTY LANDFILL, INC.,
)
FEB
-52004
)
STATE OF ILUNOIS
PETITIONER,
)
Pollution Control
Board
)
v.
)
No.
PCB 04-117
)
(PERMIT
APPEAL)
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
)
RESPONDENT.
)
NOTICE OF FILING
John Kim, Esq.
Division of Legal Counsel
Illinois Environmental Protection Agency
1021
North Grand Avenue East
P.O. Box
19276
Springfield, Illinois
62794-9276
Carol Sudman, Esq.
Hearing Officer
Illinois Pollution Control Board
1021
North Grand Ave. East
PU Box
19274
Springfield,
Illinois 62794-9274
Rod Wolf
Saline County State’s Attorney
10
F. Poplar
Harrisburg, Illinois 62946
Please take notice
that
I have
today
filed
with
the Hearing Officer Petitioner’s
Motion
Concerning Hearing Location, and
certificate of service, on behalfof Saline County Landfill, Inc.,
copies ofwhich are herewith served upon you.
Brian E. Konzen,
~.
Lueders, Robertson, Konzen LLC
1939
Delmar, P.O. Box
735
Granite City, Illinois 62040
Phone:
(618) 876-8500
ARDCNo.: 06187626
‘2
RECEIVED
CLERK’S OFFICE
BEFORE
THE ILLINOIS POLLUTION CONTROL BOARD
FEB
-
52004
SALINE COUNTY LANDFILL, INC.,
)
STATE OF
ILLINOIS
Pollution Control Board
PETITIONER,
)
)
V.
)
No.
PCB 04-117
)
(Permit Appeal)
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
)
RESPONDENT.
)
MOTION CONCERNING HEARING LOCATION
Comes now Saline
County Landfill, Inc., Petitioner, and
moves for an Order directing the
hearing in this permit appeal to be held in Sangamon County, Illinois, per 35 Illinois Administrative
Code
101.600.
1.
In PCB
02-108,
the permit
appeal
between the same petitioner and
respondent was
conducted in Sangamon County.
2.
35 Illinois Administrative Code 101 .600 provides no requirement concerning the location
ofa public hearing on
a permit appeal:
All hearings are open to
the public and are held in compliance
with
the American’sWith Disabilities Act of 1990 (42 USC
12101 et seq.)
The hearings are g~ii~rally
held in the County in which the source or
facility is located unless otherwise ordered by the hearingofficer. All
hearings are subject to cancellationwithout notice.
Interested persons
may contact the Clerk’s Office or theHearing Officerfor information
about the hearing.
Parties, participants, and members ofthe public
must conduct themselves with decorum.
35
Illinois Administrative
Code
101.600.
(Emphasis Added.)
3.
Attorneys for the sole parties ofrecord to date, Petitioner and Respondent,
both request
the public
hearing take place in
Sangamon County, Illinois.
4.
As ofthe
filing ofthis
motion, the potential hearing witnesses known
and discussed to
date between Petitioner and Respondent,
are based in
Sangamon County, Illinois.
5.
As
in
PCB
02-108,
the
Office
of the
Saline
County
State’s
Attorney has
sought
to
intervene in this cause.
No one else has sought leave to intervene
to date.
No one
else is expected
to move to intervene.
6.
The public
hearing will more
likely
conclude
in
one
day instead of multiple
days, if
conducted
in
Sangamon County.
On information and
belief,
a hearing conducted
in
Sangamon
County can begin at 9:00 a.m. or earlier.
A hearing conducted
in Saline County will likely begin
later, due
to travel of Respondent’s Counsel, the Hearing Officer, and
witnesses.
7.
The convenience
of all
known potential
witnesses,
the
attorneys
for Petitioner
and
Respondent, the parties themse’ves, and the administrative convenience of the Pollution Control
Board itself,
call for an
Order to conduct hearings in this cause in Sangamon County.
8.
Because the parties of record agree, the Board
may rule on
the location of the hearing
without waiting for responses to this motion.
Therefore, Petitioner requests entry of an order pursuant to
35 Illinois
Administrative Code
10 1.600, that thehearing in this causebe conducted in Sangamon County, Illinois, as in PCB 02-108,
Saline
County Landfill, Inc. v. IEPA.
Attorney for Petitioner, Saline County Landfill,
Inc.
‘
Bnan
E.
onzen, Esq/
Lueders, Robertson
& Konzen LLC
1939 Delmar, P.O.
Box 735
Granite City, Illinois 62040
Phone:
(618) 876-8500
ARDCNo.:
06187626
RECE~VE~
CLERK’S
OFFICE
ILLINOIS POLLUTION CONTROL BOARD
MAR
1
2
2002
March
12,
2002
SlATE OF
ILUNOIS
SALINE COUNTY LANDFILL, INC.,
)
Pollution Control Board
)
Petitioner,
)
)
v.
)
PCBO2-108
)
(Permit Appeal
—
Land)
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
)
Respondent.
)
NOTICE OF
HEARING
A hearing in the above-captioned
matter is scheduled and
will be held
in accordance
with the following schedule:
DATE:
Tuesday,
April
16,
2002
TIME:
10:00 a.m.
PLACE:
Illinois
Pollution Control Board
Board
Meeting Room 403
600
S.
Second Street
Springfield,
Illinois
The hearing is open
to the public.
IT IS SO
ORDERED.
Steven C.
Langhoff
Hearing Officer
Illinois Pollution
Control
Board
600
S.
Second
Street, Suite 402
Springfield,
Illinois 62704
217/782-2615
fn tompliane
~ ith
the Arn~rwanswith
Disabilities
Act and
other applicable
federal
and State
laws,
the
hearing will
be
accessible
to
ndi\.’iduak
with disabilities.
Persun~srequirine auxiiiijr~aids
and sersices
shouki contact Dorothy
Gunn, Clerk of the
Board,
at
1(X)
West
Rmdolph
St
SUitC
I 1~5OO.Chicago. Illinois
~~O6Ol.
at
tcl~phuiienumber 312514-h93
1.
fas
number
3 l2~S
14-3h69,
or
TDD
number
3 12,8l4-603. five
dt
prior
~
the
hearing.
RECEIVED
CLERK’S OFFICE
FEB
-
52004
BEFORE THE
ILLINOIS POLLUTION CONTROL
BOARD
STATE
OF ILLINOIS
Pollution Control Board
SALINE COUNTY LANDFILL, INC.,
)
)
PETITIONER,
)
)
V.
)
No.
PCB 04-117
)
(PERMIT APPEAL)
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
)
RESPONDENT.
)
CERTIFICATE
OF SERVICE
I,
the
undersigned,
certify
that
I have
served
the
attached
Motion
Concerning Hearing
Location by
first class
mailing upon the following persons by depositing same in
a US Post Office
box
at 5:00 PM in Granite City, IL, with first class postage fullyprepaid and theenvelopes addressed
to
the following persons,
on this~~dayof February, 2004.
John Kim,
Esq.
Division of Legal Counsel
Illinois Environmental Protection Agency
1021
North Grand Avenue East
P.O.
Box
19276
Springfield,
Illinois 62794-9276
Carol Sudman, Esq.
Hearing Officer
Illinois Pollution Control Board
1021
North Grand Ave. East
P0 Box
19274
Springfield,
Illinois 62794-9274
Rod Wolf
Saline County State’s Attorney
10 E.
Poplar
Harrisburg, Illinois 62946
RECEIVED
CLERK’S OFFICE
FEB
-
52004
BEFORE THE
ILLINOIS POLLUTION CONTROL BO~)~E
OF ILLINOIS
Pollution
Control
Board
SALINE COUNTY LANDFILL, INC.,
)
)
PETITIONER,
)
)
V.
)
No.
PCB
04-117
)
(PERMIT
APPEAL)
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
)
•
RESPONDENT.
RECYCLED PAPER CERTIFICATION
I,
the
undersigned,
verify
that
the
foregoing Motion
Concerning Hearing Location
was
printed on recycled paper, per 35
Ill.Adm.
Code
101.302(g), and
101 .202.
Brian
44847
LAW
OFFICES
LUEDERS,
ROBERTSON
&
KONZEN
LLC
1939
DELMAR
AVENUE
P.
0.
BOX 735
GRANITE
CITY,
ILLINOIS
ZIP
CODE
62040-0735
618-876-8500
FAX
618-876-4534
RECEIVED
CLERK’S OFFICE
FEB
-
52004
STATE OF ILLINOIS
pollution Control Board
rrobertson@lrklaw.com
Ikonzen@lrklaw.com
erobertson@IrkIaw.com
bkonzen@lrklaw.com
Ismith@lrklaw.com
Dorothy Gunn, Clerk
Illinois Pollution Control Board
100 W.
Randolph, Suite 11-500
Chicago, Illinois 60601
February 4, 2004
Dear Ms. Gunn,
RE:
Saline County Landfill, Inc.
v. IEPA
PCB 04-117
Enclosed please find original and ten copiesofMotion ConcerningHearing Location,Notice
ofFiling, Certificate of Service, and Recycled Paper Certification regarding the above cause.
WESLEY
LUEDERS
-
1896-1
957
RANDALL
ROBERTSON
LEO
H.
KONSEN
ERIC
ROBERTSON
BRIAN
E.
KONZEN
LAUREN
K.
SMITH
truly yours,
(
Brian E.
bk/rh
44847