ILLINOIS POLLUTION CONTROL BOARD
December 6, 2007
ROCHELLE WASTE DISPOSAL, L.L.C.,
Petitioner,
v.
THE CITY OF ROCHELLE, an Illinois
municipal corporation, and THE ROCHELLE
CITY COUNCIL,
Respondents.
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PCB 07-113
(Third-Party Pollution Control Facility
Siting Appeal)
ORDER OF THE BOARD (by A.S. Moore):
On November 20, 2007, Rochelle Waste Disposal, L.L.C. (RWD) filed a motion for
leave to file its motion for partial summary judgment (Mot.). RWD states that “Respondent City
of Rochelle, the only other party participating in this Review, has no objection to the Motion for
Leave to file a Motion for Partial Summary Judgment. . . .” Mot. at 2. On November 21, 2007,
RWD filed a supplement to its motion for leave. On November 27, 2007, the Rochelle City
Council filed a response to RWD’s motion for leave (Council Resp.). The Rochelle City Council
indicates that it “has no objection” to RWD’s motion, the supplement, or the filing deadlines
proposed in the motion. Council Resp. at 1. On November 29, 2007, the City of Rochelle also
filed a response to RWD’s motion for leave (City Resp.). The City of Rochelle states that it “has
no objection” to RWD’s motion or to the deadlines proposed in it. City Resp. at 1.
The Board notes that Black’s Law Dictionary defines “summary judgment” as a
“[p]rocedural device available for prompt and expeditious disposition of controversy
without
trial
. . . . “ B
LACK’S LAW DICTIONARY 1435 (6th ed. 1990) (emphasis added). The Board
further notes that its procedural rules provide that, “[a]ny time after the opposing party has
appeared (or after the expiration of time within which any party is required to appear),
but no
fewer than 30 days prior to the regularly scheduled Board meeting before the noticed hearing
date
, a party may move the Board for summary judgment for all or any part of the relief sought.”
35 Ill. Adm. Code 101.516(a) (emphasis added).
The hearing in this matter took place on July 16, 2007. As RWD’s motion and
supplement cite no authority for entry of summary judgment more than four months after
hearing, the motion for leave to file is denied. Pursuant to the hearing officer order issued
November 20, 2007, respondents’ briefs and any
amicus
brief are due to be filed on or before
December 10, 2007, and petitioner’s reply brief, if any, is due to be filed on or before December
17, 2007. Also pursuant to that order, the mailbox rule will not apply to the filing of petitioner’s
reply.
See
35 Ill. Adm. Code 101.300(b)(2). Unless the Board receives an additional waiver of
the statutory decision deadline, the Board will proceed to issue its final opinion and order on or
before that deadline, which is now January 24, 2008.
See
35 Ill. Adm. Code 101.308, 107.504.
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IT IS SO ORDERED.
I, John T. Therriault, Assistant Clerk of the Illinois Pollution Control Board, certify that
the Board adopted the above order on December 6, 2007, by a vote of 4-0.
___________________________________
John T. Therriault, Assistant Clerk
Illinois Pollution Control Board