1. NOTICE OF FILING
      2. APPEARANCE
      3. MOTION FOR EXTENSION OF TIME AND FORLEAVE TO FILE REDUCED NUMBER OF COPIES
RECE~VED
CLERK~SOFFICE
0198-004
JUN 03 200k
STATE OF ILLINOIS
ILLINOIS POLLUTION CONTROL BOARD
pollution Control Board
WASTE MANAGEMENT OF ILLINOIS, )
INC.,
)
Petitioner,
)
PCB 04-1 86
)
(Pollution Control Facility Siting Appeal)
v.
)
)
COUNTY BOARD OF KANKAKEE
)
COUNTY,
)
)
Respondent.
)
NOTICE OF FILING
To:
(See attached Service List.)
PLEASE TAKE NOTICE that on this 3~day of June 2004, the following were filed
with the Illinois Pollution Control Board:
Respondent County Board of Kankakee’s
Appearance and
Motion for Extension of Time and For Leave to File Reduced
Number
of Copies,
attached and herewith served upon you.
COUNTY BOARD OF KANKAKEE
By: ~z
ethS Harvey
ne of Its Attorneys
Elizabeth S. Harvey
SWANSON, MARTIN & BELL
One IBM Plaza, Suite 3300
330 North Wabash Avenue
Chicago, Illinois 60611
Telephone: (312) 321-9100
Firm I.D. No. 29558
CERTIFICATE OF SERVICE
I, the undersigned non-attorney, state that I served a copy of the described documents in
the above-captioned matter via U.S. Mail to all counsel of record on June 3, 2004.
(~9fri~tte
~
M. Podlin
~
x
Under penalties as provided by law
pursuant to 735 ILCS 5/1 -1 09, I certify
that the statements set forth herein
are true and correct.
0198-004
SERVICE LIST
KANKAKEE
COUNTY/WMII LANDFILL SITING
Attorney for Kankakee County Board:
Charles F. Helsten
Hinshaw & Culbertson
100 Park Avenue
P.O. Box 1389
Rockford, IL 61105
Attorney for Waste Management ofIllinois:
Donald J. Moran
Pedersen &
Houpt
161 North Clark Street
Suite 3100
Chicago, IL 60601-3242
Corporation Counsel:
Christopher W. Bohlen
Barmann, Bohlen & Woodruff, PC
200 East Court Street
Suite 502
P.O. Box1787
Kankakee, IL 60901
Attorney for Mike Watson:
Jennifer J. Sackett Pohlenz
Querrey & Harrow, Ltd.
175 West Jackson Boulevard
Suite 1600
Chicago, IL 60604-2827
Attorney for Merlin Karlock:
George Mueller, P.C.
501 State Street
Ottawa, IL 61350
Attorney for Darrel Bruck Jr.:
Kenneth A. Bleyer
923 West Gordon Terrace, #3
Chicago, IL 60613-2013
Lee Milk
Bryan
Milk
6903 S. Route 45-52
Chebanse, IL 60922-5153
Byron Sandberg
109 South Raub Street
Donovan,
IL 60931
Patrick Buescher
198 Mohawk Drive
Apartment I
Bourbonnais, IL 60914
Keith Runyon
1165 Plum Creek Drive
Bourbonnais, IL 60914
Darrel Bruck
2943 Chippewa Drive
Bourbonnais, IL 60914
ERKS OFFICE
0198-004
JUN 032004
ILLINOIS POLLUTION CONTROL BOARD
STATEion OFControlILLINBoa
WASTE MANAGEMENT OF ILLINOIS, )
INC.,
)
)
Petitioner,
)
PCB 04-1 86
)
(Pollution Control
Facility Siting Appeal)
v.
)
)
COUNTY BOARD OF KANKAKEE
)
COUNTY,
)
)
Respondent.
)
APPEARANCE
The undersigned hereby enters her appearance as attorney for respondent
COUNTY BOARD OF KANKAKEE.
Elizabeth S. Harvey
Swanson, Martin & Bell
One IBM Plaza, Suite 3300
330 North Wabash Avenue
Chicago, IL 60611
312/321-9100
LERK S OFFICE
0198-004
JUN 032004
ILLINOIS POLLUTION CONTROL BOARD
WASTE MANAGEMENT OF ILLINOIS,
)
INC.,
)
Petitioner,
)
PCB 04-1 86
)
(Pollution Control
Facility Siting Appeal)
v.
)
)
COUNTY BOARD OF KANKAKEE
)
COUNTY,
)
)
Respondent.
)
MOTION FOR EXTENSION OF TIME AND FOR
LEAVE TO FILE REDUCED NUMBER OF COPIES
Respondent COUNTY BOARD
OF
KANKAKEE
(“County”), by its attorneys Hinshaw
& Culbertson and Swanson, Martin & Bell, hereby move for an extension of time in which to
file its record, and for leave to file a reduced number of copies of the record.
1. On May 20, 2004, the Board issued its order accepting Waste Management
of Illinois, Inc.’s (WMI) petition for review. That order directed the County to file its record
of the proceedings within 21 days of the Board’s order. Thus, the record is due on June
10, 2004.
2.
The County
did not receive the Board’s order until May 27, 2004.
3.
The County has been working diligently to prepare and certify the record,
pursuant to the Board’s procedural rules. However, due to the voluminous nature of the
siting record, the County requests an extension of time to file the record. The County
seeks an extension to and including June 30, 2004, to file its record.
4.
The County is cognizant of the time deadlines in this matter, and does not
make this motion for extension of time for the purposes of delay. Instead, the County
moves for an extension of time to ensure that its record is timely filed. WMI has
represented that it will file a waiverof the statutory decision date to and including October
7, 2004. Thus, the County believes that no person will be prejudiced by the requested
extension of time.
5.
Additionally, the County seeks leave tofile a reduced number ofcopies ofthe
record. The County seeks leave to file only the original and three copies of the record.
Section 107.304(c) ofthe Board’s procedural rules requires the City to file the original and
nine copies of all documents (except the transcript) in the record.
6.
The County is aware that the Board has proposed, in rulemaking R03-010,
amending its procedural rules to delete the requirement in Section 107.304(c) that the
siting authority file the original and nine copies c~ftherecord. (The rulemaking proposed in
R03-01 0 has been incorporated into the record of R04-008.) The County is also aware
that the composition of the Board has been reduced from seven members to five
members, and that the Board recently consolidated its offices.
7.
Therefore, the County seeks leave to file the original and three copies ofthe
record.
WHEREFORE, the County moves this Board for an extension, to and including June
30, 2004, in which to file the record; for leave to file the original and three copies of the
record; and for such other relief as the Board deems appropriate.
2
Respectfully submitted,
COUNTY BOARD OF KANKAKEE
By:
‘~
UElizabeth S. ~rvey
One of Its Attorneys
Charles F. Helsten
Richard Porter
Hinshaw & Culbertson
100 Park
Avenue
P.O. Box 1389
Rockford, IL 61105-1389
815/963-8488
Elizabeth S. Harvey
Swanson, Martin & Bell
One IBM Plaza, Suite 3300
330 North Wabash Avenue
Chicago, IL 60611
312/321-9100
3

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