7
~cCEIVED
CLERK'S OFFICE
JUL 1 7 2006
STATE OF ILLINOIS
BEFORE THE ILLINOIS POLLUTION CONTROL BOAMution Control Board
PEORIA DISPOSAL COMPANY,
Petitioner,
V.
PEORIA COUNTY BOARD,
Respondent.
PCB 06-184
(Pollution Control Facility Siting
Appeal)
MOTION FOR LEAVE TO FILE
ADMINISTRATIVE RECORD ON DISK
NOW COMES, Respondent, the Peoria County Board, by and through its
attorneys, and for this Motion for Leave to File Administrative Record on Disk, states as
follows :
1 .
On or about June 7, 2006, the Pollution Control Board issued an Order
requiring the County to file the entire record of its proceedings within 21 days after the
date of the Order
.
2. On June 29, 2006, the parties participated in a telephone status conference
with the hearing officer, at which time it was agreed by the parties and the hearing officer
that due to the voluminous nature of the record, the County would have until July 28,
2006, to file and certify the record
.
3 .
During the telephone status conference, there was a general consensus
among counsel for the parties that the "administrative record" (compliance and
monitoring documents filed with the Illinois Environmental Protection Agency) which
was required to be filed as part of Petitioner's application was quite voluminous, and that
generating copies of the administrative record and file-stamping the documents would be
extremely time consuming and costly
.
4. During the telephone status conference, counsel for the parties generally
agreed that it would be best if the administrative record could be filed with the Board on
compact disk as opposed to on paper as required by the Board's rules
.
5 .
The County believes filing the administrative record portion of the Public
Record on disk would not hinder, delay or otherwise negatively impact the proceedings
before the Board
.
6 .
The County believes filing the administrative record on compact disk would,
in fact, facilitate the timely filing and certification of the Record by dramatically reducing
the number of documents that have to be stamped and copied, and would help control the
costs of compiling, certifying and copying the record
.
7 .
Allowing a deviation from Board's rules for only that portion of the public
record relating to the administrative record will not prejudice Petitioner or Respondent
during these proceedings, or otherwise make the Board's review more difficult
.
8
.
There will be no prejudice to the public caused by allowing the
administrative record to be produced on compact disk since those documents are already
public documents which may be obtained from the Illinois Environmental Protection
Agency .
9
.
All other portions of the Record pertaining to the proceedings before the
County Board will be filed on paper in accordance with the Board's rules
.
WHEREFORE, the County respectfully requests the Board grant the County
leave to file the administrative record on disk with the Board as part of the Record .
DATED: July 10, 2006 .
Respectfully submitted,
2
David A. Brown, One o
for Peoria County
JUL
1 7 2006
BEFORE THE ILLINOIS POLLUTION CONTROL BOAUtTE OF ILLINOIS
Pollution Control
Board
PEORIA DISPOSAL COMPANY
)
Petitioner,
)
PCB 06-184
v .
)
(Pollution Control Facility Siting
Appeal)
PEORIACOUNTY BOARD,
)
Respondent .
)
AFFIDAVIT OF SERVICE
The undersigned, a non-attorney, being duly sworn upon oath, states that a copy
of the attached Motion for Leave to File Administrative Record on Disk, of Respondent
Peoria County Board, was served upon the following persons by enclosing such
documents in separate envelopes, addressed as follows, and depositing said envelopes in
the U.S. Postal Service mail box at Morton, Illinois on the
/0
day of July, 2006, before
5:00 p.m., with all fees thereon fully prepaid and addressed as follows
:
Carol Webb
George Mueller, P.C .
Hearing Officer
Attorney at Law
Illinois Pollution Control Board
628 Columbus Street, Suite 204
1021 North Grand Avenue East
Ottawa, IL 61350
P.O. Box 19274
Springfield, Illinois 62794-9274
Brian J. Meginnes
Elias, Meginnes, Riffle & Seghetti, P.C .
416 Main Street, Suite 1400
Peoria, IL 61602
Dated: July 10, 2006 .
'1j
j
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al
c71G9
Legal Assistant
Subscribed and sworn to before me, a Notary Public, in the County and State as
aforesaid, this
/()
day of July, 2006
.
Notary Public
OFFICIAL SEAL
CHRISTINA A. ROOK
NOTARY PUBLIC, STATE OF ILLINOIS
MY COMMISSION EXPIRES 9 .19.2009
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RECEIVED
CLERK'S OFFICE
