RECEIVED
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
CLERK'S OFFICE
OCT 2 0 2006
PEORIA DISPOSAL COMPANY,
)
Petitioner,
STATE
OF ILLINOIS
)
Pollution Control
Board
vs.
)
PCB 06-184
(Pollution Control Facility
PEORIA COUNTY BOARD,
)
Siting Appeal)
Respondent.
)
NOTICE OF FILING
To : See Attached Service List
PLEASE TAKE NOTICE that on October I
b
, 2006 there caused to be filed
with the Illinois Pollution Control Board an original and nine (9) copies of the following
document, a copy of which is attached hereto
:
MOTION FOR LEAVE TO FILE AN AMICUS CURIAE BRIEF
SS
OFFICIAL SEAL
ANGELA L
. HAMM
NOTARY PUBLIC, STATE OF ILLINOIS
MY COMMISSION EXPIRES &82010
Attorney at Law
PROOF OF SERVICE
STATE OF ILLINOIS
COUNTY OF PEORIA
The undersigned, being first duly sworn, state that I served a true and correct copy
of the foregoing Notice, together with a copy of each document referred to therein, upon
the person(s) indicated via email and/or regular mail as indicated in the Service List on
the
IS
day of October, 2006 .
A
11 Al
s
a
&~
. a
SUBSCRIBED and SWORN TO before me
a
thisotary
Y-4
IX
Pu
Day
isof
October,
'
2006 .
David L
. Wentworth II
Hasselberg, Williams, Grebe,
Snodgrass & Birdsall
124 SW Adams, Suite 360
Peoria, IL 61602-1320
Telephone: (309) 637-1400
Facsimile : (309) 637-1500
Pollution Control Board, Attn : Clerk
100 West Randolph Street
James R
. Thompson Center, Suite 11-500
Chicago, Illinois 60601-3218
Mr. David A
. Brown
Black, Black & Brown
101 South Main Street
P.O. Box 381
Morton, Illinois 61550
Mr. George Mueller
Law Offices of George Mueller, P .C .
628 Columbus Street, Suite 204
Ottawa, Illinois 61350
SERVICE LIST
Ms. Carol Webb, Hearing Officer
Illinois Pollution Control Board
1021 North Grand Avenue East
P .O. Box 19274
Springfield, Illinois 62794-9274
Mr. Kevin Lyons
Peoria County State's Attorney
324 Main Street, Room #111
Peoria, Illinois 61602
Mr
. Brian J . Meginnes
Elias, Meginnes, Riffle & Seghetti, P .C .
416 Main Street, Suite 1400
Peoria, Illinois 61602-1611
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
PEORIA DISPOSAL COMPANY,
)
Petitioner,
)
vs.
)
PCB 06-184
(Pollution Control Facility
PEORIA COUNTY BOARD,
)
Siting Appeal)
Respondent .
)
MOTION FOR LEAVE TO FILE AN AMICUS CURIAE BRIEF
Now come Peoria Families Against Toxic Waste ("PFATW"), and Sierra Club,
Heart of Illinois Group, (collectively the "Opposition Groups"), by and through their
attorney, David L
. Wentworth II of HASSELBERG, WILLIAMS, GREBE,
SNODGRASS & BIRDSALL, and for their Motion for Leave to File an Amicus Curiae
Brief, state and allege as follows :
1 . That, pursuant to Section 101
.110(c), and in accordance with Section
101
.628(c) of the General Rules of the Illinois Pollution Control Board (35 Ill . Admin
.
Code, Part 101), an Amicus Curiae Brief can be filed in any adjudicatory proceeding by
an interested person, provided permission is granted by the Board, and that the filing will
not delay the decision-making of the Board .
2 . That the Opposition Groups are interested parties as set forth in Section
101 .628(c) of the Board Rules, and, accordingly, permission should be granted allowing
them to file an Amicus Curiae Brief.
3 . The Opposition Groups (among other groups) participated actively in the
local pollution control facility siting public hearings before the Peoria County Board
which are the subject of the Petition to Review filed by Peoria Disposal Company in the
instant case . The Opposition Groups were the only Objectors at said proceedings
represented by legal counsel ; the Opposition Groups cross-examined witnesses ; the
Opposition Groups presented affirmative expert evidence in opposition to the application
for siting approval
; and the Opposition Groups filed detailed briefs with the Peoria
County Board . See Record on Appeal, Transcripts of Site Hearings (C7267-C7934), and
various other filings of Opposition Groups as set forth in the Record on Appeal,
"Amended Index" filed by Peoria County Board on August 17, 2006 .
4 .
That PFATW is a voluntary unincorporated association of citizens in the
community of Peoria, and the Sierra Club, Heart of Illinois Group, is a similar voluntary
non-profit group of local citizens, and they would be adversely affected by a decision
reversing the correct finding of the Peoria County Board
.
5 .
That participation of the Opposition Groups in filing a brief would not
materially delay these proceedings, and that this motion is expeditiously brought well in
advance of the time for filing any post-hearing briefs.
6 .
That the Opposition Groups contemplate filing their Amicus Curiae Brief
at the same time the Hearing Officer orders the Respondent to file its post-hearing brief .
WHEREFORE, the Opposition Groups respectfully pray that :
A.
The Illinois Pollution Control Board grant their Motion thereby giving the
Opposition Groups permission to file an Amicus Curiae Brief in this
matter subject to any briefing schedule established by the Hearing Officer
pursuant to Section 101 .610 (k) ; and
B .
The Board issue such order as expeditiously as its schedule reasonably
permits to allow the Opposition Groups ample time to prepare their brief
without delay to these proceedings .
David L. Wentworth II
Hasselberg, Williams, Grebe,
Snodgrass & Birdsall
124 SW Adams, Suite 360
Peoria, IL 61602-1320
Telephone : (309) 637-1400
Facsimile : (309) 637-1500
Respectfully Submitted,
Peoria Families Against Toxic Waste and
Sierra Club, Heart of Illinois Group
