BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
    PEORIA DISPOSAL COMPANY,
    )
    )
    Petitioner,
    )
    )
    PCB 06-184
    v.
    )
    (Pollution Control Facility Siting
    )
    Appeal)
    PEORIA COUNTY BOARD,
    )
    )
    Respondent.
    )
    OBJECTION TO PETITIONER’S EXHIBITS TO BRIEF AND
    MOTION TO STRIKE
    NOW COMES
    , Respondent, the Peoria County Board, by and through its
    attorneys, and for this Objection to Petitioner’s Exhibits to Brief and Motion to Strike,
    states as follows:
    1. On or about January 8, 2007, a hearing in this matter was held at the Itoo
    Society in Peoria, Illinois.
    2.
    At the hearing, PDC offered only deposition transcripts, associated
    deposition exhibits, and videotapes and transcripts of County Board meetings.
    3.
    PDC did not present any live witnesses or testimony, and did not offer any
    documents relating to costs it incurred during the siting proceedings.
    4.
    As part of its post hearing Brief, PDC attached a number of documents as
    exhibits, particularly items listed as Exhibits 1, 2 and 3.
    5.
    The exhibits purport to be invoices, receipts and an accounting relating to
    expenses allegedly incurred by PDC.
    Electronic Filing, Received, Clerk's Office, April 4, 2007
    6.
    These documents were not part of the certified record in this appeal, were
    not offered or exchanged during discovery in this appeal, and were not offered by PDC as
    evidence at the January 8, 2007.
    7.
    The first time PDC presented these documents were when it filed them
    attached to its post-hearing brief.
    8.
    PDC could have, but elected not to, enter the documents at the hearing,
    apparently to attempt to gain some type of strategic advantage or surprise.
    9.
    Exhibits 1, 2 and 3 to PDC’s brief are not part of the certified record or the
    evidentiary record from the Board’s hearing, and therefore are not appropriate to
    reference or include with its brief.
    10.
    Exhibits 1, 2 and 3 are not accompanied by any affidavit or other
    document or testimony which would authenticate the documents.
    11.
    Exhibits 1, 2 and 3 are not valid evidence in this appeal, and should be
    stricken from the record of these proceedings.
    WHEREFORE
    , the Respondent, the Peoria County Board, respectfully requests
    the Board strike Exhibit 1, Exhibit 2, and Exhibit 3 to Petitioner’s Brief.
    DATED: April 5, 2006.
    Respectfully submitted,
    By _________________________________
    David A. Brown, One of the Attorneys
    for Peoria County
    2
    Electronic Filing, Received, Clerk's Office, April 4, 2007
    AFFIDAVIT OF SERVICE
    The undersigned, being duly sworn upon oath, states that a copy of the attached
    Motion for Extension of Time to Respond to Petitioner’s F8irst Set of Requests to Admit
    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 12
    th
    day of October, 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
    609 Etna Road
    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: April 5, 2007.
    _________________________________
    David A. Brown
    Subscribed and sworn to before me, a Notary Public, in the County and State as
    aforesaid, this 5
    th
    day of April, 2007.
    __________________________________
    Notary Public
    3
    Electronic Filing, Received, Clerk's Office, April 4, 2007

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