BEFORE THE ILLINOIS POLLUTION CONTROL BOARD R E C E IV E D
CLERK’S OFFICE
PEOPLE OF THE STATE OF ILLINOIS
)
NOV 092005
C
1
)
STATE OF ILLINOIS
omp aman,
)
Pollution
Control Board
vs.
)
)
Case No. PCB 03-191
COMMUNITY LANDFILL COMPANY, NC.,)
an Illinois corporation, and the CITY OF
)
MORRIS, an Illinois municipal corporation.
)
)
Respondents.
)
CITY OF
MORRIS’ MOTION
FOR
LEAVE TO FILE REPLY INSTANTER
NOW COMES, Respondent, CITY OF MORRIS, by and through its attorneys,
HINSHAW & CULBERTSON LLP, and hereby moves that Hearing Officer Halloran, or the
Board, to accept the attached Reply ofthe Response filed by the People oftheState of Illinois to
this Respondent’s Motion for Summary Judgment, instanter, and in support thereof, states as
follows:
1.
The State of Illinois has mischaracterized and mislead the Illinois Pollution
Control Board concerning a variety of issues, including the law which excludes any unit of local
government from the financial assurance requirements unless the local government conducted a
disposal operation after April 9, 1997.
2.
The State has also erroneously indicated that the listing of a municipality on
permits issued before the passage of Section 811 of the Illinois Administrative Code is somehow
dispositive that a municipality was conducting a disposal operation, in direct contravention of
Illinois Appellate Court and Illinois Pollution Control Board decisions. The misrepresentations
by the State ofIllinois could result in material prejudice, and, therefore, the Respondent requests
the Hearing Officer or the Board grant it leave to file the attached reply instanten
70468242v1 806289
3.
The City of Morris presented an oral motion to Hearing Officer Halloran seeking
leave to file a reply by November 9, 2005. That motion was granted. This written motion is
being filed merely to preserve the record as the oral motion for leave was already granted.
WHEREFORE, Respondent, CITY OF MORRIS, prays that the Illinois Pollution Control
Board or Hearing Officer Halloran grant this motion to file the attached reply instanter.
Dated:
1 ~
—
,
2005
Respectfully Submitted,
On behalf ofthe CITY OF MORRIS
By: Hinshaw & Culbertson LLP
Richard §~4orter
One of Attorneys
HINSHAW & CULBERTSON LLP
100 Park Avenue
P.O.
Box
1389
Rockford, IL 61105-1389
815-490-4900
This document utilized 100
recycled paper products
7O468242v1 S06289
AFFIDAVIT OF SERVICE
The undersigned, pursuant to the provisions of Section 1-109 ofthe Illinois Code ofCivil
Procedure, hereby under penalty of peijury under the laws of the United States of America,
certifies that on November 8, 2005, she served a copy of the foregoing upon:
Documents Sent Via Overnight Mail to:
Mr. Christopher Grant
Assistant Attorney General
Environmental Bureau
188
W. Randolph St., 20th Fl.
Chicago, IL 60601
Documents Sent Via Overnight Mail to:
Clarissa Grayson
LaRose & Bosco, Ltd.
200 N. LaSalle, Suite 2810
Chicago, IL 60601
Ms. Dorothy Gunn,
Clerk
Pollution Control Board
100 W. Randolph, Suite 11-500
Chicago, IL 60601
Bradley Halloran
Hearing
Officer
Pollution Control Board
100W. Randolph, Suite 11
Chicago, IL 60601
Via overnight mail from Rockford, Illinois, addressed as above.
HINSHAW & CULBERTSON
100 Park Avenue
P.O.
Box 1389
Rockford,
IL
61105-1389
(815) 490-4900
7O4l52OO~’l806289
