en F. Hedinger
BEFORE THE POLLUTION CONTROL BOARD
OF THE STATE OF ILLINOIS
R ELERK'S
OFFICE
JUN 0 4 2008
STATE OF ILLINOIS
Pollution Control
Board
C CEIVED
KIBLER DEVELOPMENT CORPORATION and
MARION RIDGE LANDFILL, INC.,
Petitioners,
v.
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY,
Respondent.
Case No.2005-035
Permit Appeal
NOTICE OF FILING AND PROOF OF SERVICE
The undersigned certifies that an original and nine copies of the foregoing Petitioner's
Withdrawal of Suggestion of Settlement and of this Notice of Filing and Proof of Service, were
served upon the Clerk of the Illinois Pollution Control Board, and one copy to each of the following
parties of record and hearing officer in this cause by enclosing same in an envelope addressed to:
Dorothy Gunn, Clerk
Illinois Pollution Control Board
James R. Thompson Center
100 W. Randolph St., Suite 11-500
Chicago, IL 60601
Carol Webb
Hearing Officer
Illinois Pollution Control Board
1021 North Grand Avenue East, P.O. Box 19274
Springfield, IL 62796-9274
Francis X. Lyons
Bell, Boyd & Lloyd LLC
70 West Madison Street
Chicago, IL 60602
Melanie Jarvis
Division of Legal Counsel
Illinois Environmental Protection Agency
1021 N. Grand Ave. East
P.O. Box 19276
Springfield, IL 62794-9276
with postage fully prepaid, and by depositing said envelopes in a U.S. Post Office Mail Box in
Springfield, Illinois before 5:30 p.m. on the 2nd day of June, 2008.
Hedinger Law Office
2601 South Fifth Street
Springfield, IL 62703
Telephone: (217) 523-2753
Fax: (217) 523-4366
hedinaerhedinoerlaw.com
This document prepared on recycled paper
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JUN 4
2008
BEFORE THE ILLINOIS
POLLUTION CONTROL BOARD
KIBLER DEVELOPMENT CORPORATION and
MARION RIDGE LANDFILL, INC.,
Petitioners,
v.
?
?
Case No.2005-035
Permit Appeal
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY,
Respondent.
PETITIONERS WITHDRAWAL OF SUGGESTION OF SETTLEMENT
NOW COME Petitioners, KIBLER DEVELOPMENT CORPORATION and MARION
RIDGE LANDFILL, INC., through their undersigned attorney, and hereby withdraw their
suggestion of settlement as expressed in the Hearing Officer's May 19, 2008 order. In support,
Petitioners state as follows:
1.
Pursuant to separate permit application, Petitioners had intended to settle all disputes
with Respondent concerning this permit appeal.
2.
Although Respondent is in agreement with the terms of the settlement, a third party
has now filed an action with this Board (PCB 08-43) purporting to object to the permit which is the
basis for the anticipated settlement in this case.
3.
Accordingly, until the third party matter is fully concluded, Petitioners are unable to
dismissing this matter. However, Petitioners have filed an open waiver of the decision deadline,
and as of this time that open waiver remains in effect. Petitioners reserve their right under this
Board's rules, and the Environmental Protection Act, to take any actions in the future they deem
necessary or appropriate to secure their position.
WHEREFORE Petitioners, KIBLER DEVELOPMENT CORPORATION and MARION
RIDGE LANDFILL, INC., hereby withdraw their suggestion of settlement of this matter.
Hedinger Law Office
2601 South Fifth Street
Springfield, IL 62703
Telephone: (217) 523-2753
Fax: (217) 523-4366
hedinger@hedingerlaw.com
Respectfully submitted,
Kibler Development Corporation & Marion Ridge
Landfill, Inc.,
Petitioners,
By their attorney,
HEDINGER L•FFICE
By