RECE~VED
CLERK’S OFFICE
BEFORE
THE
POLLUTION
CONTROL BOARD
MAR
-
2
2004
OF THE STATE OF ILLINOIS
SALINE COUNTY LANDFILL,
)
Petitioner,
NOTICE
)
)
)
ILLINOIS
ENVIRONMENTAL
PROTECTION AGENCY,
)
Respondent.
)
PCBNo. 04-117
(Permit Appeal)
STATE OF ILLINOIS
Pollution Control Board
Dorothy M.
Gunn, Clerk
Illinois Pollution Control Board
James 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 MOTION FOR
ORDER OF PROTECTION
AND PRIVILEGE
LOG,
copies
of which
are herewith served upon you.
Respectfully submitted,
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY,
Respondent
Assistant Counsel
Special Assistant Attorney General
Division of Legal Counsel
1021
North Grand Avenue, East
P.O. Box
19276
Springfield, Illinois 62794-9276
217/782-5544
217/782-9143
(TDD)
Dated: February 27, 2004
V.
RECERfED
CLERK’S
OFFICE
BEFORE THE
POLLUTION CONTROL BOARD
MAR
-
22004
OF THE
STATE OF ILLINOIS
STATE OF ILLINOIS
SALINE COUNTY LANDFILL, INC.,
)
Pollution Control
Board
Petitioner,
)
v.
)
ILLINOIS ENYIRON~ENTAL
)
PROTECTION AGENCY,
)
Respondent.
)
MOTION FOR
ORDER
OF
PROTECTION
AND PRIVILEGE
LOG
NOW
COMES
the
Respondent,
the
Illinois
Environmental
Protection
Agency
(“Illinois
EPA”),
by
one of its
attorneys,
John
S. Kim,
Assistant
Counsel
and
Special Assistant
Attorney
General,
and
hereby
presents
the
Hearing
Officer
with
the
following
motion
for
order
of
protection
for documents
from
disclosure
and accompanying
privilege
log.
In
support
of this
motion for order of protection, the Illinois EPA provides as
follows.
1.
The
documents
listed
in
the
privilege
log
are
all
communications
between
attorneys
representing
the
Illinois
EPA
(either
in-house
Illinois
EPA
attorneys
with
Special
Assistant Attorney
General
(“SAAG”) appointments
from the Illinois Attorney General’s
Office
(“Illinois
AGO”)
or
an
attorney
with
the
Illinois
AGO)
and other
attorneys
representing
the
Illinois EPA or the permit reviewers employed by the Illinois EPA.
2.
As
such,
the
documents
are
either
attorney-client privileged
communications
or
attorney work
product prepared
in
anticipation
of litigation.
None
of the
documents
has
been
disseminated
to
the
general
public,
and
all
were
generated
either
as
part
of the
internal
review
process of the
Illinois EPA or
as an opinionlposition
provided by the Illinois
AGO to
the Illinois
EPA.
PCBNo.
04-117
(Permit Appeal)
1
3.
For these reasons, and
the reasons more
specifically provided below,
the
Illinois
EPA
seeks
an
order of
protection
fiom
the
Hearing
Officer,
deeming
that
the
documents
be
withheld from disclosure.
4.
Privilege
Log
(Documents
below
are
provided
only
to
Hearing
Officer
for in-
camera review):
Exhibit #
Document description
Justification for protection from disclosure
1.
3/10/03 letter
Correspondence from
Tom Davis of Illinois
AGO
to
Joyce
Munie
of Illinois
EPA’s
pernñt
section;
contains
Illinois
AGO’s
interpretation
of
past
Illinois
Pollution
Control
Board
(“Board”)
decision
and
application
to
review
of
permit application
subj ect of present appeal.
2.
5/15/03
letter
Correspondence from Tom Davis to
Joyce
Munie; contains
Illinois
AGO’s
interpretation
of past
Board
decision
and
application
to
review
of
permit
application
subject
of
present appeal.
3.
6/11/03 letter
Correspondence
from
Tom
Davis
to
Scott
Phillips
of
Illinois
EPA’s
Division
of Legal
Counsel; contains Illinois
AGO’s interpretation ofpast Board decision and application
to review ofpermit application subject ofpresent appeal.
4.
11/21/03
e-mail
Electronic
mail
from
Dan Menirnan,
Illinois
EPA attorney
(with
SAAG
appointment),
to
Joyce
Munie;
contains Mr.
Merriman’s
interpretation
of
past
Board
decision
and
application
to
review
of
permit
application
subject
of
present appeal.
5.
11/26/03 memo
Memorandum from
John Kim,
Illinois
EPA
attorney
(with
SAAG
appointment),
to
Joyce
Munie;
contains
history
of
permit
review
and
past
Illinois
EPA
interpretations
of
Illinois Environmental Protection Act (“Act”).
6.
12/4/03 letter
Correspondence
from
Torn
Davis
to
John
Kim;
contains
Illinois
AGO’s
interpretation
and
application
of
Section
39.2(f) of the Act
(415 ILCS
5/39.2(f))
to
review of permit
application subject ofpresent appeal.
7.
12/4/03 memo
Memorandum from
John Kim
to
Joyce
Munie;
summarizes
12/4/03
letter from Tom Davis.
2
5.
For the reasons
stated herein,
the
Illinois
EPA hereby respectfully requests
that
the Hearing Officer enter an order ofprotection, preventing the above-described documents from
disclosure through discovery in the present appeal.
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY,
Respondent
John~.
Assistant Counsel
Special Assistant Attorney General
Division of Legal Counsel
1021
North Grand Avenue, East
P.O. Box
19276
Springfield, Illinois
62794-9276
217/782-5544
217/782-9143
(TDD)
Dated:
February 27, 2004
This filing
submitted on recycled paper.
3
CERTIFICATE OF SERVICE
I, the undersigned attorney
at law, hereby certify that on February 27, 2004,
I served true
and
correct copies ofa MOTION FOR ORDER OF PROTECTION AND PRIVILEGE LOG, 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
100 West Randolph Street
Suite 11-500
Chicago,
IL 60601
Carol Sudman, Hearing Officer
(I-land Delivery)
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 (Hand Delivery)
Saline County State’s Attorney Office
Saline
County
Courthouse
10 East Poplar Street
Harrisburg, IL
62946
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY,
Joim J~,Kii
Assistant Counsel
Special Assistant Attorney General
Division of Legal Counsel
1021
North Grand Avenue, East
P.O. Box
19276
Springfield, Illinois 62794-9276
217/782-5544
217/782-9143 (TDD)