1. HEARING OFFICER ORDER
3
ILLINOIS POLLUTION CONTROL BOARD
June 25, 2008
PEOPLE OF WILLIAMSON COUNTY and
the WILLIAMSON COUNTY BOARD,
Petitioners,
v.
KIBLER DEVELOPMENT CORPORATION,
MARION RIDGE LANDFILL, INC., and
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Respondents.
)
)
)
)
)
)
)
)
)
)
)
)
)
PCB 08-93
(Permit Appeal– Land)
HEARING OFFICER ORDER
The parties are advised that this matter has been assigned to the hearing officer
identified below. From this date forward, any pleading filed with the Clerk of the Board
in this matter must also be served individually on the hearing officer.
On June 23, 2008, the Illinois Environmental Protection Agency (Agency) filed a
motion to dismiss, and on June 25, 2008, Kibler Development Corporation and Marion
Ridge Landfill filed a motion to strike and dismiss. Petitioners’ response is due by July
7, 2008. The mailbox rule will not apply, although the response may be filed
electronically or by facsimile. No replies to the response are authorized. The Board
plans to rule on the motions at its meeting on July 10, 2008.
Respondents Kibler Development Corporation and Marion Ridge Landfill, Inc.
have advised the hearing officer that they do not intend to file a decision deadline waiver.
Accordingly, although the Board has not accepted the case for hearing, the hearing
officer is required to set this case for hearing.
If the Board accepts this case, a hearing is set for 9:00 a.m. on July 28, 2008.
Concurrent briefs will be due on August 11, 2008, and concurrent responses will be due
by August 18, 2008. The mailbox rule will not apply. Parties may file briefs
electronically or by facsimile.
The parties have agreed to the following discovery schedule. Discovery requests
will be served by June 25,2008. Responses will be due by July 9, 2008. Depositions will
be conducted the week of July 14, 2008. Before filing any discovery motions or
objections, the parties are encouraged to review the Board’s November 17, 2005 order in
Des Plaines River Watershed, et. al. v. IEPA and Village of New Lenox
, (PCB 04-88).
3
This order addresses issues pertaining to the scope of discovery in third party permit
appeals.
The parties are directed to participate in a telephone status conference with the
hearing officer at 2:00 p.m. on July 1, 2008. The status conference shall be initiated by
the petitioners.
The decision deadline is September 18, 2008.
IT IS SO ORDERED.
_____________________
Carol Webb
Hearing Officer
Illinois Pollution Control Board
1021 North Grand Avenue East
P.O. Box 19274
Springfield, Illinois 62794-9274
217/524-8509
webbc@ipcb.state.il.us
3
CERTIFICATE OF SERVICE
It is hereby certified that true copies of the foregoing order were mailed, first
class, on June 24, 2008, to each of the persons on the attached service list.
It is hereby certified that a true copy of the foregoing order was hand delivered to
the following on June 24, 2008:
John T. Therriault
Illinois Pollution Control Board
James R. Thompson Center
100 W. Randolph St., Ste. 11-500
Chicago, Illinois 60601
Carol Webb
Hearing Officer
Illinois Pollution Control Board
1021 North Grand Avenue East
P.O. Box 19274
Springfield, Illinois 62794-9274
217/524-8509
webbc@ipcb.state.il.us
PCB 2008-093
Melanie A. Jarvis
IEPA
1021 North Grand Avenue Eas
P.O. Box 19276
Springfield, IL 62794-9276
t
.
PCB 2008-093
Douglas Scott
IEPA
1021 North Grand Avenue East
P.O. Box 19276
Springfield, IL 62794-9276
PCB 2008-093
Michael John Ruffley
Williamson County Courthouse
200 West Jefferson
Marion, IL 62959
PCB 2008-093
Stephen F. Hedinger
Hedinger Law Office
2601 South Fifth Street
Springfield, IL 62703
PCB 2008-093
c/o Stephan Chodera
Kibler Development Corporation
290 South Main Place #101
Carol Stream, IL 60188
PCB 2008-093
Patrick Mazza
Kibler Development Corporation
290 South Main Place #101
Carol Stream, IL 60188
PCB 2008-093
c/o Stephan Chodera
Marion Ridge Landfille, Inc.
290 South Main Place
Carol Stream, IL 60188
PCB 2008-093
Patrick Mazza
Marion Ridge Landfille, Inc
290 South Main Place
Carol Stream, IL 60188

Back to top