BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
WASTE MANAGEMENT OF ILLINOIS, INC.,
)
)
vs.
Petitioner,
STA~
)
(Pollution Control
Facilitco&Itbofl ~
)
Siting Appeal)
)
COUNTY BOARD OF KANKAKEE COUNTY,
)
ILLINOIS,
)
)
TO:
See Attached Service List
Respondent.
)
NOTICE OF FILING
PLEASE TAKE NOTICE that on July 29, 2004, we filed with the Illinois Pollution
Control Board, the attached Waste Management
of Illinois, Inc.’s Objection to Keith
Runyon’s Motion to Intervene.
Donald J. Moran
PEDERSEN & HOUPT
161 North Clark Street, Suite 3100
Chicago, Illinois 60601
(312) 641-6888
)
No. PCB 04-186
1U11~292004
INC.
One ofIts
DJM 393952 vi Ju1y29,2004
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
WASTE MANAGEMENT OF ILLINOIS, INC.,
)
~
Petitioner,
))
No. PCB04-186
JUL2920~
~-“frt~rE
OF
H
)
Co ILLINOIS
vs.
)
(Pollution Control Facility
‘~0I
Soarci
)
Siting Appeal)
COUNTY BOARD OF KANXAKEE COUNTY,
)
ILLINOIS,
)
)
Respondent.
)
WASTE MANAGEMENT OF ILLINOIS, INC.’S OBJECTION
TO KEITH RUNYON’S MOTION TO INTERVENE
Waste Management of Illinois, Inc. (“WMII”), by and through its attorneys, Pedersen &
Houpt, P.C. objects to Keith Runyon’s (“Runyon”) Motion to Intervene. In support thereof,
WVlll states as follows:
1.
On April 21, 2004, WMII filed with the Illinois Pollution Control Board (“Board”)
its Petition for Hearing to Contest Site Location Denial (“Petition forReview”) pursuant to
Section 40.1(a) ofthe Illinois Environmental Protection Act (“Act”).
2.
The Petition for Review contests and objects to the County Board ofKankakee
County’s (“County Board”) decision denying WMH’s request for site location approval ofthe
expansion ofthe Kankakee Landfill on the grounds that (i) the siting process and procedures used
in reaching the decision were fundamentally unfair; and (ii) the denial of site location approval,
and the finding that statutory criteria one, three and six were not met, were against the manifest
weight ofthe evidence.
392176
3.
On July 21, 2004, Runyon filed a Motion to Intervene seeking to defend the
public’s interest and argue WMII’s alleged failure to comply with an element ofthe County’s
Solid Waste Management Plan.
(See
Runyon Motion to Intervene, ¶~J3,
9).
4.
For the reasons discussed below, Runyon’s Motion to Intervene should be denied.
5.
Permitting third party objectors to intervene in the appeal ofa decision denying
local siting approval would run counter to the provisions of the Act, as well as the Board’s
Procedural Rules (“Rules”), governing the appeal process. Section 40.1 ofthe Act and Section
107.200(a) ofthe Rules allow the applicant to appeal a decision denying local siting approval of
a pollution control facility.
See
415 ILCS 5/40.1(a) (2002); 35 Iii. Adm. Code 107.200 (2002).
A third party may only appeal a decision
granting
local siting approval.
See
415 ILCS
5/40.1(b);
35 Ill. Adm. Code 107.200(b)
6.
Illinois courts have interpreted Section 40.1 ofthe Act to preclude third parties
from seeking review ofa decision denying siting for a facility.
Waste Management ofIllinois
Inc. v. Illinois Pollution Control Board,
160 Iii. App. 3d 434, 443-44, 513 N.E. 2d 592, 598 (2d
Dist. 1987);
McHenry County Landfill, Inc. v Environmental Protection Agency,
154 Iii. App. 3d
89,
94-95, 506
N.E.2d 372, 376 (2d Dist. 1987). The Board, in turn, has held that allowing third
parties to intervene in appeals would be, in effect, granting applicant status to someone who does
not fall within the parameters ofSection 40.1(a).
Land & Lakes, Co. v. Randolph County Board
of Commissioners,
No. PCB 99-69, slip op. at p. 1-2 (March 18, 1999);
Land and Lakes
Company v. Village ofRomeoville,
No. PCB
94-195,
slip op. at p.
4-5
(September 1, 1994).
392176
2
7.
Third party objectors are precluded from intervention in an appeal from a denial
of a siting approval.
Rochelle Waste Disposal v. City Council ofthe City ofRochelle, Illinois,
No. PCB 03-218, slip op. at 2 (July 10, 2003);
Waste Management ofIllinois, Inc. v. County
Board ofKane County, Illinois,
No. PCB 03-104, slip op. at 2 (February 20, 2003). The only
intervention allowed in the appeal of a siting denial is by a state’s attorney or the Attorney
General representing the public interest.
Rochelle Waste Disposal,
slip op. at 2.
8.
Runyon claims that intervention is needed so that he can argue points oflaw that
the County Board maynot raise. (Runyon Motion to Intervene, ¶9). However, the Board has
held that it is insufficient to base intervention on the belief that the respondent will not
adequately represent the concerns ofthird parties.
See Alloy Engineering & Casting Co.,
No.
PCB
01-155,
slip op. at p.
5-6
(September 6, 2001).
9.
Runyan also seeks to argue criterion eight. (Runyan Motion to Intervene, ¶9).
However, criterion eight is not an issue in this appeal and may not be argued by a party, much
less a person seeking to intervene.
WHEREFORE, Waste Management ofIllinois, Inc. respectfully requests that the
Pollution Control Board enter an order denying KeithRunyon’s Motion to Intervene, and for such
other and further relief as the Board deems appropriate.
Respectfully Submitted,
W~s~teManagement ofIllinois, Inc.
By:~~One
ofIts ~ttorneys
/ ~
Donald
PEDERSEN
J. Moran
&
HOUPT, P.C.
/
161 North Clark Street, Suite 3100
Chicago, Illinois 60601
(312) 641-6888
392176
3
PROOF OF SERVICE
Victoria L. Kennedy, a non-attorney, on oath states that she served the foregoing
Waste
Management of Illinois, Inc.’s Objection to Keith Runyon’s Motion to Intervene
by
enclosing same in an envelope addressed to the following parties as stated below, and by
depositing same in the U.S. mail at 161 N. Clark St., Chicago, Illinois 60601, on or before 5:00
p.m. on this 29th day ofJuly, 2004:
Mr.
Charles F. Heisten
Hinshaw & Culbertson
P.O. Box 1389
Rockford, IL 61105-1389
Elizabeth S. Harvey
SWANSON, MARTIN &
BELL
One
IBM
Plaza, Suite 3300
330 North Wabash Avenue
Chicago,IL 60611
Keith Runyon
1165 Plum Creek Drive, Unit D
Bourbonnais, Il 60914
Mr. Edward Smith
Kankakee County State’s Attorney
450 East Court Street
Kankakee, IL 60901
Bradley Halloran, Hearing Officer
Illinois Pollution Control Board
James R. Thompson Center
100 West Randolph Street, Suite 11th Floor
Chicago,IL 60601
Victoria L. Kennedy
DJM 393952 vi Ju1y29,2004
-2-