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ILLINOIS POLLUTION CONTROL BOARD
October 31, 2006
PEORIA DISPOSAL COMPANY,
Petitioner,
v.
PEORIA COUNTY BOARD,
Respondent.
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PCB 06-184
(Pollution Control Facility Siting
Appeal)
HEARING OFFICER ORDER
On October 16, 2006, respondent (the County) filed an objection to Peoria
Disposal Company’s (PDC) first set of requests to admit, or in the alternative, a motion
for extension of time to respond. PDC filed a response on October 20, 2006.
The County argues that the 1,976 requests are burdensome and unreasonable. The
first issue pertains to items 461 through 839. The issue is whether alleged
ex parte
communications sent by landfill opponents to County Board Members were sent to PDC
by the author or sender of the communication. The County argues that it is no better
position to answer these items than is PDC, and the County should not have to bear the
burden and cost of acquiring this information.
PDC responds that, contrary to the County’s assertion that these requests seek
information about what third parties might have done, the specific requests seek only
answers and information exclusively available to the County.
The hearing officer finds that PDC does not adequately explain why the County
would have information on whether the members of the public who sent them
communications also sent those communications to PDC. Either party wanting this
information would have to seek out the member of the public directly. The hearing
officer sustains the County’s objection to items 461 through 839.
The County’s second objection pertains to items 1,598 through 1,976. The
requests ask the County to admit that the alleged
ex parte
communications were not
included in the record filed with the Illinois Pollution Control Board (Board). The
County argues that this is an attempt to transfer the cost and burden of comparing the
documents in the request to admit with the documents in the County’s record. Since the
County should be aware of all documents filed with the Board as part of the record, the
hearing officer overrules the County’s objection.
On October 31, 2006, the parties participated in a telephone status conference
with the hearing officer. The parties agree to the following discovery deadlines: the
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County’s responses to PDC’s request to admit numbers 1-81 are due by November 8,
2006; responses to the remaining requests are due by November 30, 2006. The deadline
for any additional summary judgment motions filed by PDC is November 29, 2006.
A hearing was set for January 8 through January 11, 2007. The parties stated that
the issues to be presented at hearing differ from those addressed in the partial summary
judgment motions, thus the hearing may continue even if the Board has not ruled on the
outstanding motions.
The parties are directed to participate in a telephone status conference with the
hearing officer at 1:00 p.m. on December 6, 2006. The status conference shall be
initiated by the petitioner.
The decision deadline for this case is currently March 1, 2007. PDC may file an
additional deadline waiver to extend the post-hearing briefing schedule.
IT IS SO ORDERED.
_____________________
Carol Webb
Hearing Officer
Illinois Pollution Control Board
1021 North Grand Avenue East
P.O. Box 19274
Springfield, Illinois 62794-9274
217/524-8509
webbc@ipcb.state.il.us
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CERTIFICATE OF SERVICE
It is hereby certified that true copies of the foregoing order were mailed, first
class, on October 31, 2006, to each of the persons on the attached service list.
It is hereby certified that a true copy of the foregoing order was hand delivered to the following on
October 31, 2006:
Dorothy M. Gunn
Illinois Pollution Control Board
James R. Thompson Center
100 W. Randolph St., Ste. 11-500
Chicago, Illinois 60601
Carol Webb
Hearing Officer
Illinois Pollution Control Board
1021 North Grand Avenue East
P.O. Box 19274
Springfield, Illinois 62794-9274
217/524-8509
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CB 2006-184
eorge Mueller, P.C.
ttorney at Law
28 Columbus St., Suite 204
ttawa, IL 61350
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PCB 2006-184
Brian J. Meginnes
Elias, Meginnes, Riffle & Seghetti, P.C.
416 Main Street
Suite 1400
Peoria, IL 61602-1153
CB 2006-184
avid A. Brown
lack, Black & Brown
ttorneys at Law
01 South Main Street
orton, IL 61550
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PCB 2006-184
David Williams
Peoria County Board
Peoria County Courthouse
324 Main Street, Room 502
Peoria , Il 61602
CB 2006-184
evin Lyons
eoria County State's Attorney
24 Main Street
oom 111
eoria , Il 61602
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PCB 2006-184
Lynden Dianne Schmidt
Peoria County State's Attorney
324 Main Street
Room 111
Peoria , Il 61602
CB 2006-184
avid L. Wentworth II
asselberg, Williams, Grebe, Snodgrass & Birdsall
25 SW Adams, Suite 360
P eoria, IL 61602-1320
