BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
RECEIVEDCLERK'S
OFFICE
AMERICAN BOTTOM CONSERVANCY,
)
APR 30 2007
and SIERRA CLUB,
)
STATE OF ILLINOIS
Pollution Control Board
Co-Petitioners,
)
v.
)
PCB 07-84
(Pollution Control Facility
CITY OF MADISON, and WASTE
)
Siting Appeal)
MANAGEMENT OF ILLINOIS, INC
.
)
Respondents.
ANSWER OF CITY OF MADISON TO PETITION FOR REVIEW
Comes now the Respondent, CITY OF MADISON, Illinois, by its Municipal Attorney,
JOHN T
. PAPA, and for its Answer to the Petition for Review of Pollution Control Facility Siting
Approval states, as follows :
I .
The City of Madison, Illinois lacks knowledge sufficient to admit or deny the
allegations contained in paragraph 1 of Co-Petitioners Petition for Review but demands strict proof
thereof.
2 .
The City of Madison, Illinois lacks sufficient knowledge to admit or deny the
allegations contained in paragraph 2 of Co-Petitioners Petition for Review but demands strict proof
thereof.
3 .
The City of Madison, Illinois lacks sufficient knowledge to admit or deny the
allegations contained in paragraph 3 of Co-Petitioners Petition for Review but demands strict proof
thereof.
Page 1 of 5
4.
The City of Madison, Illinois lacks sufficient knowledge to admit or deny the
allegations contained in paragraph 4 of Co-Petitioners Petition for Review but demands strict proof
thereof.
5 .
The City of Madison, Illinois lacks sufficient knowledge to admit or deny the
allegations contained in paragraph 5 of Co-Petitioners Petition for Review but demands strict proof
thereof.
6.
The City of Madison, Illinois admits the allegations contained in paragraph 6 of Co-
Petitioners Petition for Review .
7.
The City of Madison, Illinois admits the allegations contained in paragraph 7 of Co-
Petitioners Petition for Review .
8.
The City of Madison, Illinois admits it conducted proceedings for siting approval as
alleged in paragraph 8 of Co-Petitioners Petition for Review and the City of Madison, Illinois admits
all other allegations contained in paragraph 8 of Co-Petitioners Petition for Review and the City of
Madison admits all other allegations contained in paragraph 8 of Co-Petitioners Petition for Review .
9 . The City of Madison, Illinois admits that the Cahokia Mounds is a UNESCO World
Heritage Site as well as a state historic site; the City of Madison, Illinois, denies all remaining
allegations contained in paragraph 9 of Co-Petitioners Petition for Review
.
10 .
The City of Madison, Illinois denies the allegations contained in paragraph 10 of Co-
Petitioners Petition for Review .
11 .
The City of Madison, Illinois neither admits nor denies the allegations contained in
paragraph 11 of Co-Petitioners Petition for Review but demands strict proof thereof
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12 .
The City of Madison, Illinois admits the allegations contained in paragraph 12 of Co-
Petitioners Petition for Review .
13 . The City of Madison, Illinois admits that it approved the application on February 6,
2007 as alleged in paragraph 13 of Co-Petitioners Petition for Review; the City of Madison, Illinois
neither admits nor denies the remaining allegations of paragraph 13 of Co-Petitioners Petition for
Review but demands strict proof thereof.
14. The City of Madison, Illinois restates and incorporates by reference its Answers to
paragraphs 1-13 of Co-Petitioners Petition for Review as and for its Answer to paragraph 14 of Co-
Petitioners Petition for Review .
15 .
The City of Madison, Illinois denies the allegations contained in paragraph 15 of Co-
Petitioners Petition for Review .
16.
The City of Madison, Illinois admits that it passed Ordinance 1670 on June 13, 2006 ;
the City of Madison, Illinois denies the remaining allegations contained paragraph 16 of Co-
Petitioners Petition for Review .
17.
The City of Madison, Illinois denies the allegations contained in paragraph 17 of Co-
Petitioners Petition for Review .
18. The City of Madison, Illinois denies that Co-Petitioners were unfairly denied any
opportunities to examine material or cross exam witnesses as alleged in paragraph 18 of Co-
Petitioners Petition for Review ; the City of Madison, Illinois neither admits nor denies all remaining
allegations contained in paragraph 18 of Co-Petitioners Petition for Review but demands strict proof
thereof
Page 3
of 5
19. The City of Madison, Illinois denies that Co-Petitioners were unfairly denied any
opportunities to examine material or cross exam witnesses as alleged in paragraph 19 of Co-
Petitioners Petition for Review
; the City of Madison, Illinois neither admits nor denies all remaining
allegations contained in paragraph 18 ofCo-Petitioners Petition for Review but demands strict proof
thereof.
20.
The City of Madison, Illinois denies the allegations contained in paragraph 20 of Co-
Petitioners Petition for Review .
21 .
The City of Madison, Illinois denies the allegations contained in paragraph 21 of Co-
Petitioners Petition for Review .
22. The City of Madison, Illinois restates and incorporates by reference its Answers to
paragraphs 1-21 of Co-Petitioners Petition for Review as set forth in paragraph 22 of Co-Petitioners
Petition for Review
.
23 .
The City of Madison, Illinois denies the allegations contained in paragraph 23 of Co-
Petitioners Petition for Review .
24.
The City of Madison, Illinois denies the allegations contained in paragraph 24 of Co-
Petitioners Petition for Review .
25.
The City of Madison, Illinois denies the allegations contained in paragraph 25 of Co-
Petitioners Petition for Review .
26.
The City of Madison, Illinois denies the allegations contained in paragraph 26 of Co-
Petitioners Petition for Review .
27.
The City of Madison, Illinois denies the allegations contained in paragraph 27 of Co-
Petitioners Petition for Review
.
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WHEREFORE, the City of Madison, Illinois respectively requests that the Illinois Pollution
Control Board deny the relief requested in the Petition for Review, affirm its decision in granting site
location approval, and award such other and further relief as the Board deems just and proper
.
Respectively submitted,
CITY OF MADISON, ILLINOIS
By: John
T . Papa
CERTIFICATE OF SERVICE
I, John T
. Papa, an attorney, on oath state that I caused a copy of the foregoing to be served
on the following parties :
Bruce A. Morrison
Great Rivers Environmental Law Center
705 Olive Street, Suite 614
St
. Louis, Missouri 63101
Donald J . Moran
161 North Clark Street
Suite 3100
Chicago, Illinois 60601
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