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12 PM
8153388 39
RECEIVED
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD CLERK'S OFFICE
WESLEY BRAZAS, JR.,
)
JUN 1 5 2006
STATE OF ILLINOIS
Petitioner
)
Pollution Control Board
V.
)
PCB 06-131
MR. JEFF MAGNUSSEN, PRESIDENT
)
(Appeal from Illinois EPA
VILLAGEOF HAMPSHIRE
)
decision granting modified
and the
)
NPDES permit)
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
Respondents
)
RESPONSE
-TO REOUEST THAT THE MOTION FOR LEAVE
TOFILE A BRIEFAMICUSCURIAEBE DENIED
Now comes Jane L. Collins . Amicus Curiae and Counsel to Charles St. George, 17N635
Big Timber Road, Hampshire, Illinois 60140, and, pursuant to 35 III. Adm. Code 101 .110, hereby
requests the Board to grant the Motion to File a Brief Amicus Curiae, such request supported by
the following :
1
.
The present proceeding is an appeal from the IEPA's decision to issue a modified
NPDES permit to the Village of Hampshire to expand its sewage treatment facility to 1
.5 mgd .
2 .
Permission to file an amicus brief in support of the Petitioner was requested by
Attorney Collins on June 6, 2006 in a Motion for Leave to File said brief .
3 .
The brief supported the Petitioner's appeal, by arguing that the [EPA's decision
to issue the modified NPDES permit violated state and federal laws, Board rules and the Public
Trust Doctrine
.
4.
Respondents, Jeffrey Magnussen, Village of Hampshire President, and Village of
Hampshire, by and through their attorney, Mark Schuster, filed a Response to the Motion for
Leave to file the amicur brief electronically on June 13, 2006, requesting that the Motion be
denied, or if not denied, then reduced to one issue .
5 .
Board rules allow any interested person to file an
amicus brief. 35 III. Adm. Code
101 .200. Respondents do not deny that Mr. St George through his counsel, is an interested
person. "Mrs . Collins, on behalf of her client, Charles St . George, filed written comment on July 9,
2006 [sic] ." Response, para.3
.
5-06
;
12PM
Jane L Collins
13610Kishwaukee Vly. Rd .
Woodstock, Illinois 60098
(815) 338-8339
ARDC# 62.42700
PCB No. 06-131
6.
Respondents' narrow construction of an
amicus
brief would suppress
consideration of fundamental issues relevant to upholding constitutional principles and ensuring
environmental protection, such issues being the very essense of such a brief, and so, would
undermine and chill the fundamental reason the Board may allow such briefs, to encourage public
participation [emphasis added]. III_ Adm. Code 101 .110 .
7 .
Respondent's allegation that the
amicus
brief raises facts not in the record is
baseless, for Respondents' Brief filed on June 5, 2006 cites the same "record" that the amicus
brief relies on : all of the proceedings, beginning in 2005, leading to the IEPA's issue of the permit
in question .
WHEREFORE, Ms. Jane Collins, Counsel to Charles St. George and
Amicus Curiae,
respectfully requests that the Board grant the Motion for Leave to File the
amicus
brief, and deny
the Respondents' prayer
.
CHARLES ST. GEORGE, Hampshire
Resident and Interested Party
& JANE L. COLLINS, Amicus
Curiae
and Counsel to Charles St. George
BY
Jane L. Collins
PTINTED ON 1r0% RFCYCLED PAPER
6153;.35339 :»
3
LPM
Jane L. Collins
Attorney at Law
13610 Kishwaukee Vly. Rd
.
Woodstock, Illinois 60098
Telephone & Facsimile: (815) 338-8339
SENT BY FACSIMILE
DATE :
June 15, 2006
TO :
Clerk, Illinois Pollution Control Board, 312-814-3669
RE :
PC13 06-131
Please accept the following two-page response to a response filed electronically by
Respondents in the above case on June 13, 2006, but not available for viewing until late
on June 14, 2006
.
Permission was given by Hearing Officer Halloran to transmitan
amicus
brief; I hope that
permission extends to this response .
3 pages
',5339€339 ;#
RECEIVED
CLERK'S
OFFICE
JUN 1 5 2006
STATE OF ILLINOIS
Pollution Control Board
