co~v
BEFORE THE ILLINOIS POLLUTION CONTROL BOARDR E
C
E
~V E
D
OF THE STATE OF ILLINOIS
CLERK’S OFFICE
VILLAGE OF ROBB1NS and ALLIED
)
JUN 142004
WASTE TRANSPORTATION, INC.,
)
STATE OF ILLINOIS
)
Pollution Control Board
Petitioners,
)
)
vs.
)
Case No. PCBNo. 04-48
)
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
)
Respondent.
)
PETITIONER’S MOTION FOR LEAVE TO FILE REPLY TO THE IEPA’S RESPONSE
TO THE PETITIONERS’ MOTION FOR SUMMARY JUDGMENT
NOW COME the Petitioners, VILLAGE OF ROBBINS, ILLiNOIS, and ALLIED
WASTE TRANSPORTATION, INC., by and through undersigned counsel ofrecord, and hereby
respectfully request that this Board grant Petitioners leave to file Petitioners’ Reply to the IEPA’s
Response to the Petitioners’ Motion for Summary Judgment, attached hereto, and in support
thereof, state as follows:
1.
The Respondent, Illinois Environmental Protection Agency (“IEPA”) has raised
numerous issues in its Response to the Petitioners’ Motion for Summary Judgment.
2.
In order to prevent material prejudice, the Petitioners, Village ofRobbins, Illinois,
and Allied Waste Transportation, Inc., should be provided the opportunity to respond to the
issues raised by the Respondent in its Response to the Petitioners’ Motion for Summary
Judgment.
3.
Such a reply is proper and may be granted by this Board pursuant to section
101.500 ofthe Board Rules to prevent material prejudice.
WHEREFORE, the Petitioners, VILLAGE OF ROBB1NS and ALLIED WASTE
70411049v1 820753
TRANSPORTATION, INC. request this Honorable Board grant its Motion for Leave to File its
Reply to the IEPA’s Response to the Petitioners’ Motion for Summary Judgment, attached hereto.
c
Dated: June 11, 2004
Respectfully Submitted,
VILLAGE OF ROBBINS and ALLIED WASTE
TRANSPORTATION, INC., Petitioners
HINSHAW AND CULBERTSON
100 Park Avenue
P.O. Box 1389
Rockford, IL 61105-1389
815-490-4900
This document utilized 100
recycled paper products
AFFIDAVIT OF SERVICE
The undersigned, pursuant to the provisions of Section 1-109 of the Illinois Code of
Civil
Procedure, hereby under penalty ofperjury under the laws ofthe United States ofAmerica, certifies that
on June 11, 2004, a copy ofthe foregoing was served upon:
Dorothy M. Gunn, Clerk
Illinois Pollution Control Board
James R. Thompson Center
100 West Randolph Street
Suite 11-500
Chicago, IL 60601
John J. Kim
Renee Cipriano
Special Assistant Attorney General
Division ofLegal Counsel
1021 N. Grand Avenue, East
Springfield, IL 62794-9276
Mr. Brad Halloran
Hearing Officer
Illinois Pollution Control Board
100 West Randolph, 11th Floor
Chicago, Illinois 60601
Mr. William Mansker
Village ofRobbins
3327W. 137th Street
Robbins, IL 60472
Steve Smith
Allied Waste Transportation, Inc.
13701 South Kostner
Crestwood, IL. 60445
By depositing a copy thereof, enclosed in an envelope in the United States Mail at Chicago, Illinois,
proper postage prepaid, before the hour of5:00 P.M., addressed as above.
H1NSHAW & CULBBRTSON
100 Park Avenue
P.O. Box 1369
Rockford,IL 61101
(815)
490-4900
This document utilized 100 recycled paper
7041 1389v1 820753
