RECE~VED
CLERK’S
OFFICE
BEFORE
THE. ILLINOIS POLLUTION CONTROL BOARD
FEB
2
52004
STATE OF ILLINOlS
SALINE COUNTY LANDFILL, INC.,
)
Pollution Control Board
)
PETITIONER,
)
)
v.
)
No.PCB2004-117
)
(PERMIT APPEAL)
ILLINOIS ENVIROMvIENTAL
)
PROTECTION AGENCY,
)
)
RESPONDENT.
)
)
)
COUNTY OF SALINE,
)
)
INTERVENOR.
)
COUNTY OF SALINE’S MOTION TO QUASH DEPOSITION NOTICE
COMES NOW the COUNTY OF
SALINE, Intervenor, through its undersigned State’s
Attorney, and moves to
quash the Notice ofDeposition served by Petitioner, proposing to depose
Joyce
Munie, P.E., Permit Section Manager,
on Friday,
February 27, 2004.
In support ofthis
motion, Intervenor states as follows:
1.
Attached is a purported “Notice of Deposition,” along with the ProofofService
utilized
to mail the Notice of Deposition.
A mail copy ofthis Notice was received by Intervenor
on Monday, February 23, 2004.
2.
The Notice ofDeposition proposes to
schedule the discovery deposition of Joyce
Munie on Friday, February 27, 2004.
3.
The hearing is scheduled in this matter for Wednesday, March 3, 2004.
The
hearing date was set at the insistence ofPetitioner, which has refused to
extend the decision
deadline in this case.
4.
The Notice of Deposition is improper for at least two reasons.
-
A.
Section 101.6 16(c) of this Board’s procedural rules, 35 Ill.
Adm. Code
Section
101.616(c), requires that all discovery be
completed at least ten days prior to the
scheduled hearing.
The proposed deposition would be held only five days before the hearing,
two of which are weekend days.
B.
Section 101.622(d) of this Board’s procedural rules,
35 Ill. Adm.
Code
Section
101.622(d), requires that service of a subpoena requiring attendance of a witness at a
deposition be completed no less than ten days prior to
the proposed deposition date.
Procedural
Rule
101.304(c), 35
Ill. Adm. Code Section 101.304(c), allows service by mail, personal
delivery, or messenger; facsimile transmission is not included.
Accordingly, assuming the
proposed deponent received her copy of the notice on the same
day Intervenor received its copy,
only four days separate the completion of service from the date of deposition, rather than the
required ten days.
Even if service by facsimile transmission were allowed, only
seven days
separate the completion
offacsimile service from the date ofdeposition, again contrary to the ten
day minimum established by rule.
5.
Accordingly, the Notice of Deposition is improper, and should be stricken.
Pursuant to
Section 101.622(d) ofthis Board’s procedural rules, the hearing officer has authority
to quash this notice of deposition.
35
Ill. Adm. Code Section 101.622(d).
WHEREFORE, Intervenor, COUNTY OF SALINE, through the undersigned Saline
County State’s Attorney, requests that this Board, through its hearing officer, quash the Notice of
Deposition, order that all discovery in this proceeding is at an end, and award to Intervenor such
other and further relief as may be just and appropriate.
2
-l
Respectfully submitted,
Saline County,
Intervenor
::
its attorn
y
Rod Wolf
State’s Attorney for
a me County
Rod Wolf
Saline County State’s Attorney
10 E.
Poplar St.
Harrisburg, IL
62946
(618) 253-7169phone
(618) 253-4106 fax
3
No.PCB 2004-117
(PERMITAPPEAL)
FEB
252004
STATE
OF
ILLINOIS
Pollution
Control Board
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 60601-32 18
Carol Sudman
Hearing
Officer
Illinois
Pollution Control Board
600 South Second Street, Suite 402
Springfield,
IL
62704
John Kim
Division ofLegal Counsel
Illinois Environmental Protection Agency
1021
North Grand Avenue East
P.O. Box 19276
Springfield, IL
62794-9276
PLEASE TAKE NOTICE that on the ~ 1th~day
of February,
2004, we sent via FedEx
delivery to the Clerk ofthe Pollution Control
Board the original and four copies of the
COUNTY OF SALINE’S MOTION TO QUASH DEPOSITION NOTICE 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
FedEx
(a
private
courier),
by
enclosing the
same
in
envelopes properly
addressed
and
by
depositing
said
envelopes
in
a
FedEx dropbox in Harrisburg, Illinois, all
on
the,Z
~/~day
ofFebruary, 2004.
Rod Wolf
Saline County State’s Attorney
10 E. Poplar St.
Harrisburg, IL
62946
618-253-7169
phone
618
253-4106 fax
RECEflIED
BEFORE THE. ILLINOIS POLLUTION CONTROL BOARD
CLERK’S OFFICE
v.
SALINE COUNTY LANDFILL,
INC.,
)
PETITIONER,
)
)
)
)
)
)
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
RESPONDENT.
)
THIS
FILING
IS SUBMITTED ON RECYCLED PAPER