BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
PEORIA DISPOSAL COMPANY,
)
Petitioner,
)
V .
)
PCB 06-184
(Pollution Control Facility Siting
PEORIA COUNTY BOARD,
)
Appeal)
Respondent .
)
MOTION FOR RELIEF FROM DEADLINE
TO FILE CERTIFIED RECORD
NOW COMES Respondent, the Peoria County Board, by and through one of its
attorneys, and for this Motion for Relief from Deadline to Certify the Record, states as follows
:
1. That on June 30, 2006, the deadline to file the certified record was extended to July
28, 2006 by order of the Hearing Officer
.
2. That subsequent to the Hearing Officer's order of June 30th, the Respondent filed
with the Pollution Control Board a motion for leave to file on disk the compliance
and monitoring documents filed with the County as part of the Petitioner's siting
application (hereinafter "administrative record") .
3. That on July 20, 2006, the Pollution Control Board ordered the Respondent to file one
paper copy of the administrative record
.
4. That even though said order is dated July 20th, it was post marked July 25, 2006 and
was not received by the undersigned counsel until July 27, 2006
.
5. That the Respondent cannot Bate stamp the administrative record as required by the
Pollution Control Board's Rules (35 Ill. Adm. Code 107.304(b) by July 28, 2006,
because the administrative record is comprised of 42 boxes of documents
.
6. That based upon the time it took to stamp the remainder of the record already filed,
the County Clerk believes that stamping the administrative record can be completed
by August 18
, 2006 .
7. That because the remainder of the record has already been filed, the administrative
record will be out of chronological sequence as required by the Pollution Control
Board's Rules (35 III . Adm. Code 107.304(b))
.
8. That the undersigned counsel spoke to Brian Meginnes, one of the Petitioner's
attorneys of record, and he agreed that an extension to file the administrative record
will not delay this proceeding
.
RECEIVIE
D
JUL 2'8 2006
STATE OF ILLINOIS
Pollution Control Board
WHEREFORE, the Respondent respectfully requests the Hearing Officer enter an order
as follows
:
1 . Extending the deadline to file the administrative record to August 18
, 2006; and
2. Allowing the Respondent to file the administrative record out of chronological
sequence .
Respectfully submitted,
PEORIA COUNTY BOARD,
Respondent
STATE OF ILLINOIS )
COUNTY OF PEORIA )
Subscribed and Sworn to before me, a Notary Public, in the County and State as
aforesaid, this
-2-7
day of July, 2006 .
Lynden Dianne Schmidt
Assistant State's Attorney
Peoria County Courthouse
324 Main Street, Peoria, IL 61602
(309) 672-6017 (telephone)
(309) 672-6029 (facsimile)
lschmidt@eo.peoria.il .us
KEVINW .LYONS
Peoria County State's Attorne
Assistant State's Attorney
I, Lynden Dianne Schmidt, do certify under the penalties of perjury that the facts c
herein are true and complete to the best of my knowledge and belief .
t
OFFICIAL SEAL
LINOY L COOPER
NOTARY PUBLIC
. STATE OF ILLINOIS
MY COMMISSION EXPIRES: 01.15-07
PEORIA DISPOSAL COMPANY
Petitioner,
vs
.
PEORIA COUNTY BOARD
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
Respondent
.
George Mueller, P.C
.
Attorney at Law
628 Columbus Street, Suite 204
Ottawa, IL 61350
STATE OF ILLINOIS
)
COUNTY OF PEORIA
)
Subscribed and Sworn to before me, a'Notary Public, in the County and State as
aforesaid, this
,77tl day of July, 2006
.
AFFIDAVIT OF SERVICE
The undersigned, a non-attorney, being duly sworn upon oath, states that a copy of the
attached Motion was served upon the following persons by enclosing such document in
separate envelopes and depositing said envelopes in the U .S. Mail in the Peoria County
Courthouse, Peoria, Illinois, on the 27th day of July, 2006 before 5 :00 p.m ., with all fees thereon
fully prepaid and addressed as follows
:
and further states that a copy of the attached Motion was served upon the following person by
enclosing such document in a separate envelope and depositing said envelope with DHL
Express overnight delivery service, Peoria, Illinois on the 27th day of July, 2006 before 5
:00
p.m ., with all fees thereon fully prepaid and addressed as follows
:
Carol Webb
Hearing Officer
Illinois Pollution Control Board
1021 North Grand Avenue East
P.O. Box 19274
Springfield, Illinois 62794-9274
PCB 06-184
(Pollution Control Facility Siting
Appeal)
Brian J. Meginnes
Elias, Meginnes, Riffle & Seghetti, P .C .
416 Main Street, Suite 1400
Peoria, IL 61602
/ .
4..~
Paulette Fair
Legal Assistant
Notary Duly
OFFICIAL SEAL
LINDY L COOPER
NOTARY PUBLIC
- STATE OF ILLINOIS
MY COMMISSION EXPIRES. 01 15-07
RECEIVED
CLERK'S
OFFICE
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
JUL 2 8 2006
PEORIA DISPOSAL COMPANY,
)
STATE OF ILLINOIS
Pollution Control Board
Petitioner,
)
v .
)
PCB 06-184
(Pollution Control Facility Siting
PEORIA COUNTY BOARD,
)
Appeal)
Respondent .
)
ENTRY OF APPEARANCE
TO: The Clerk of the Pollution Control Board and all parties of record
:
Please enter my appearance as substitute counsel for William W . P. Atkins for
purposes of filing the Motion for Relief from Deadline to File Certified Record on behalf of the
Peoria County Board
.
Respectfully submitted,
Lynden Dianne Schmidt
Assistant State's Attorney
Peoria County Courthouse
324 Main Street, Peoria, IL 61602
(309) 672-6017 (telephone)
(309) 672-6029 (facsimile)
lschmidt@co.peoria .il .us
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
PEORIA DISPOSAL COMPANY
)
Petitioner,
)
PCB 06-184
vs .
)
(Pollution Control Facility Siting
Appeal)
PEORIA COUNTY BOARD
)
Respondent. )
AFFIDAVIT OF SERVICE
The undersigned, a non-attorney, being duly sworn upon oath, states that a copy of the
attached Appearance was served upon the following persons by enclosing such document in
separate envelopes and depositing said envelopes in the U .S. Mail in the Peoria County
Courthouse, Peoria, Illinois, on the 27th day of July, 2006 before 5 :00 p.m ., with all fees thereon
fully prepaid and addressed as follows
:
George Mueller, P .C .
Brian J. Meginnes
Attorney at Law
Elias, Meginnes, Riffle & Seghetti, P.C .
628 Columbus Street, Suite 204
416 Main Street, Suite 1400
Ottawa, IL 61350
Peoria, IL 61602
and further states that a copy of the attached Appearance was served upon the following person
by enclosing such document in a separate envelope and depositing said envelope with DHL
Express overnight delivery service, Peoria, Illinois on the 27th day of July, 2006 before 5 :00
p.m., with all fees thereon fully prepaid and addressed as follows
:
Carol Webb
Hearing Officer
Illinois Pollution Control Board
1021 North Grand Avenue East
P.O. Box 19274
Springfield, Illinois 62794-9274
Paulette Fair
Legal Assistant
STATE OF ILLINOIS )
COUNTY OF PEORIA
)
Subscribed and Sworn to before me, a Notary Public, in the County and State as
aforesaid, this
6?7-*day of July, 2006 .
OFFICIAL SEAL
LINDY L COOPER
NOTARY PUBLIC
. STATE OF ILLINOIS
MY COMMISSION EXPIRES . 01.15-07
