CLERK'S OFFICED
BEFORE THE ILLINOIS POLLUTION CONTROL BOARN
AY
1
12007
PEOPLE OF THE STATE OF ILLINOIS, ex
)
rel
. LISA MADIGAN, Attorney General of the )
STATE OF
ILLINOIS
State
of Illinois,
Pollution Control Board
Plaintiff,
)
PCB No . 03-191
(Enforcement-Land)
V .
)
COMMUNITY LANDFILL CO
., an Illinois
)
Corporation, and the CITY OF MORRIS, an
)
Illinois Municipal Corporation,
)
Defendants .
)
CITY'S MOTION FOR EXTENSION OF TIME IN WHICH TO FILE A
RESPONSE TO THE STATE'S RENEWED MOTION TO SET HEARING
DATE OR ALTERNATIVELY FOR SEVERANCE OF CLAIMS
NOW COMES the CITY OF MORRIS, an Illinois Municipal Corporation, by and
through its attorneys, HINSHAW & CULBERTSON LLP, and for its Motion for Extension of
time in which to file a Response to the State's Renewed Motion to Set Hearing Date or
Alternatively for Severance of Claims, states as follows :
I .
On May 1, 2007, the State filed a Renewed Motion to Set Hearing Date or
Alternatively for Severance of Claims . Under 35 111 . Adm. Code 101 .500(d), the City may file a
Response to the motion within 14 days of service .
2.
Upon receiving and reviewing the State's Motion, Attorney Charles F
. Helsten,
counsel for the City of Morris, attempted to contact Mr . Devin Moose, P.E., of Shaw
Environmental, and learned that Mr
. Moose was in Atlanta, Georgia on business and would not
return to work until May 14, 2007. (See Affidavit of Charles F . Helsten, attached hereto as
Exhibit A)
.
3 .
Attorney Helsten contacted Mr . Moose by telephone . In that conversation, Mr.
Moose stated that he was prepared to submit an affidavit concerning present site conditions, and
r4~ f
I
I
RECEIVE
70524784v1 806289
moreover, that the Morris Community Landfill poses no imminent threat to human health or the
environment . (Id.) .
4.
Inasmuch as Mr . Moose will not return to work until May 14, the City requests a
brief extension of time in which to file its Response to the State's Renewed Motion which will
be supported by the Affidavit of Mr. Devin Moose
. The City accordingly requests that the time
for filing its Response be enlarged to permit filing on or before May 18, 2007 .
5 .
This request for an extension of time is not sought for purposes of delay or other
improper reasons, and if granted will result in no prejudice to the parties or to the Board .
WHEREFORE, the City of Morris respectfully requests leave to file its Response to the
State's Renewed Motion on or before May 18, 2007 .
Dated : May 9, 2007
Respectfully submitted,
Charles F . Helsten
Hinshaw & Culbertson LLP
100 Park Avenue
P.O . Box 1389
Rockford, IL 61105-1389
Phone: 815-490-4900
Fax : 815-490-4901
CITY OF MORRIS, an Illinois Municipal
Corporation, Defendaf
y: H SHAW
ERTSON LLP
C arles F . Helsten
One of Its Attorneys
2
70524784v1 806289
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD CLERK'S
RECEIVEDOFFICE
PEOPLE OF THE STATE OF ILLINOIS,,
Complainant,
v.
COMMUNITY'LANDFILL COMPANY, INC
.,
an Illinois Corporation, and CITY OF MORRIS,
an Illinois Municipal Corporation,,
Respondents .
AFFIDAVIT
I, Charles F . Helsten being duly sworn under oath do depose and state as follows
:
I am counsel of record for the Respondent, City of Morris in the above-mentioned matter
.
2 . Upon receiving the State's Renewed Motion to Set Hearing Date or Alternatively for
Severance of Claims, I attempted to contact Mr
. Devin Moose, P.E ., of Shaw Environmental
. I
learned that Mr. Moose was in Atlanta, Georgia on business and would not return to work until
May 14, 2007.
3 . I spoke with Mr. Moose via telephone, and was told that Mr . Moose would submit an
affidavit concerning present site conditions, and moreover, that the Morris Community Landfill
poses no imminent threat to human health or the environment
.
4
. I intend to file a Response in opposition to the State's Renewed Motion to Set Hearing
Date on behalf of the City of Morris, and intend to support the Response with an Affidavit from
Mr. Moose . Due to the current unavailability of Mr . Moose, I require a brief extension of time
beyond that provided at 35 Ill
. Adm . Code 101 .500 in order to prepare the Response and obtain
the requisite Affidavit in support .
70524837v 1
806289
MAY 1 1 2007
)
STATE OF ILLINOIS
)
Pollution Control Board
)
PCB No . 03-191
)
)
)
)
Further Affiant Sayeth Not
.
SUBSCRIBED and SWORN to
before me this 1`
day of May, 2007 .
OFFICIAL SEAL
SUSAN C ZIMMERMAN
NOTARY PUBLIC -STATE OF ILLINOIS
MY COMMISSION EXPIRE$
:03121/10
2
705248370 806289
A copy of the same was enclosed in an envelope in the United States mail at Rockford, Illinois,
proper postage prepaid, before the hour of 5 :00 p.m ., addressed as above .
HINSHAW & CULBERTSON
100 Park Avenue
P .O. Box 1389
Rockford, IL 61105-1389
(815) 490-4900
AFFIDAVIT OF SERVICE
The undersigned, pursuant to the provisions of Section 1-109 of the Illinois Code of Civil
Procedure, hereby under penalty of perjury under the laws of the United States of America,
certifies that on May 9, 2007, she caused to be served a copy of the foregoing upon :
70415200v1806289
Mr. Christopher Grant
Assistant Attorney General
Environmental Bureau
100 W. Randolph St ., 11th Fl.
Chicago, IL 60601
Mark LaRose
Clarissa Grayson
LaRose & Bosco, Ltd .
200 N
. LaSalle, Suite 2810
Chicago, IL 60601
Ms. Dorothy Gunn, Clerk
Pollution Control Board
100 W. Randolph, Suite 11-500
Chicago, IL 60601
Bradley Halloran
Hearing Officer
Pollution Control Board
100 W. Randolph, Suite 11
Chicago, IL 60601
Mr. Scott Belt
I
105 East Main Street
Suite 206
Morris, Illinois 60450
