REC~V~D

CLERK’S OFFICE

BEFORE THE POLLUTION CONTROL BOARD

FE~10

2004

OF THE

STATE OF ILLINOIS

SALINE COUNTY

LANDFILL,

)

Petitioner,

)

V.

)

ILLINOIS ENVIRONMENTAL

)

PROTECTION AGENCY,

)

Respondent.

)

NOTICE

PCBNo.

04-117

(Permit Appeal)

STATE OF ILLINOIS

Pollution Control Board

Dorothy M. Gunn, Clerk

Illiitois Pollution Control Board

Jarres R. Thompson Center

100 West Randolph Street

Suite 11-500

Chicago, IL 60601

Carol Sudman, Hearing Officer

Illinois Pollution Control Board

1021 North Grand Avenue, East

P.O. Box

19274

Springfield, IL

62797-9274

Brian E. Konzen

Lueders, Robertson & Konzen, LLC

1939 Delmar Avenue

P.O. Box 732

Granite City, IL

62040-0735

Rod Wolfe, State’s Attorney

Saline County State’s Attorney Office

Saline County Courthouse

10 East Poplar Street

Harrisburg, IL

62946

PLEASE

TAKE

NOTICE

that

I have

today

filed with

the

office of the

Clerk

of the Pollution

Control Board a RESPONSE TO

MOTION CONCERNING

HEARING LOCATION,

copies

of which

are herewith served upon you.

Respectfully submitted,

ILLINOIS ENVIRONMENTAL PROTECTION AGENCY,

Respondent

Assistant Counsel

Special Assistant Attorney General

Division ofLegal Counsel

1021

North Grand Avenue, East

P.O. Box

19276

Springfield, Illinois 62794-9276

217/782-5544

217/782-9143 (TDD)

Dated: February 6, 2004

---

BEFORE THE POLLUTION CONTROL BOARD

OF THE STATE OF ILLINOIS

SALINE COUNTY LANDFILL,

)

Petitioner,

)

v.

)

ILLINOIS ENVIRONMENTAL

)

PROTECTION AGENCY,

)

Respondent.

)

RESPONSE

TO MOTION

CONCERNING HEARING

LOCATION

NOW

COMES the Respondent, the Illinois Environmental Protection

Agency (“Illinois

EPA”), by one of its

attorneys, John J. Kim, Assistant

Counsel

and Special

Assistant

Attorney

General, and, pursuant to 35

Ill.

Adm.

Code

101.500

and

101.504, hereby respectfully responds

to

the

Motion

Concerning

Hearing

Location

(“Petitioner’s

motion”)

filed

by

the

Petitioner,

Saline County Landfill.

In response to the Petitioner’s motion, the Illinois

EPA states as follows:

1.

The Illinois

EPA notes

that,

as

stated by

the Petitioner,

Section

101.600

of the

Illinois

Pollution Control Board’s (“Board”) procedural

rules

(35

Ill.

Adm.

Code

101.600) does

not mandate that a hearing be set in the countyin which the source or facility is

located.

2.

The Illinois

EPA recognizes

and appreciates the Board’s concerns

that members

of the public have every opportunity to

participate in Board hearings, especially in which such

input may have

a direct bearing on the resolution of the case under

consideration.

The Illinois

EPA agrees that all practicable efforts to

allow for such input should

be made,

and if the Board

determines that such considerations require the hearing be set in Saline County,

the Illinois EPA

understands and will abide by such decision.

3.

That said, the Illinois EPA believes that

holding the hearing in the present case in

the

Board’s

Springfield

office

will

allow

for

the

Board

and

the

Illinois

EPA

to

conserve

administrative resources.

For that reason

alone, the Illinois EPA joins in the request made by the

Petitioner.

REC~Vi~!D

CLERK’S OFFICE

FEB

1

2004

STATE OF ILLINOIS

Pollution Control Board

PCB No. 04-117

(Permit Appeal)

1

---

Respectfully submitted,

ILLINOIS ENVIRONMENTAL PROTECTION AGENCY,

Jc~

Assistant Counsel

Special Assistant Attorney General

Division ofLegal Counsel

1021

North Grand Avenue, East

P.O. Box 19276

Springfield, Illinois 62794-9276

217/782-5544

217/782-9143 (TDD)

Dated: February 6, 2004

This filing submitted on recycled paper.

2

---

CERTIFICATE OF SERVICE

I, the undersigned attorney at

law,

hereby certify that

on February

6, 2004,

I served true

and correct copies of a RESPONSE TO MOTION CONCERNiNG HEARING LOCATION, by

placing true

and

correct

copies in

properly

sealed and

addressed

envelopes

and by

depositing

said sealed envelopes in a U.S.

mail drop box located within Springfield, Illinois, with sufficient

First Class Mail postage affixed thereto, upon the following named persons:

Dorothy M.

Gunn,

Clerk

Illinois Pollution Control Board

James R. Thompson Center

100WestRandolph Street

Suite 11-500

Chicago, IL 60601

Carol Sudman, Hearing Officer

Illinois PollutionControl Board

1021 North Grand Avenue, East

P.O.Box 19274

Springfield,

IL

62797-9274

Brian E. Konzen

Lueders,Robertson&Konzen, LLC

1939 DelmarAvenue

P.O. Box732

Granite City, IL 62040-073

5

Rod Wolfe, State’s Attorney

Saline County State’s Attorney Office

Saline County Courthouse

10 East Poplar Street

Harrisburg, IL 62946

ILLINOIS ENVIRONMENTAL PROTECTION AGENCY,

Respon

t

Assistant Counsel

Special Assistant Attorney General

Division ofLegal Counsel

1021 North Grand Avenue, East

P.O. Box

19276

Springfield, Illinois 62794-9276

217/782-5544

217/782-9143 (TDD)