BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
lijeceiveD
uLERK'S OFFICE
JUL 0 7 2008
S
TATE
OF ILLINOIS
Pollution Control Board
Case No. PCB 2008-93
Permit Appeal-Land
PEOPLE OF WILLIAMSON COUNTY ex rel
STATE'S ATTORNEY CHARLES GARNATI,
And THE WILLIAMSON COUNTY BOARD,
Petitioners,
v.
KIBLER DEVELOPMENT CORPORATION,
MARION RIDGE LANDFILL, INC., and
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY,
Respondents.
NOTICE OF FILING AND PROOF OF SERVICE
The undersigned certifies that an original and nine copies of the foregoing Motion for
Extension of Time For Discovery Response and the 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:
John Therriault, Acting Clerk
Illinois Pollution Control Board
James R. Thompson Center
100 W. Randolph St., Suite 11-500
Chicago, IL 60601
Melanie Jarvis
Division of Legal Counsel
Illinois Environmental Protection Agency
1021 N. Grand Ave. East
P.O. Box 19276
Springfield, IL 62794-9276
Jennifer Sackett Pohlenz
Querrey
&
Harrow
75 West Jackson Boulevard
Suite 1600
Chicago, IL 60604-2827
Michael J. Ruffley
Assistant State's Attorney
200 Jefferson
Williamson County Courthouse
Marion, IL 62959
Carol Webb, Hearing Officer
Illinois Environmental Protection Agency
1021 North Grand Avenue East
P.O. Box 19276
Springfield, IL 62794-9276
nvelopes in a U.S. Post Office Mail Box in
?
day of July, 2008. Fax and email copies
kett?
e rz before 4:30 p.m. on the
with postage fully prepaid, and by depositing aid
Springfield, Illinois before 5:30 p.m. on the
also served upon Melanie Jarvis, Carol Webb and
same date.
Hedinger Law Office
2601 South Fifth Street
Springfield, IL 62703
Telephone: (217) 523-2753
tephen F.
edinger
This document prepared on recycled paper
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BEFORE THE ILLINOIS POLLUTION CONTROL BORD
FTECEIVED
PEOPLE OF WILLIAMSON COUNTY
ex rel.?
CLERK'S OFFICE
STATE'S ATTORNEY CHARLES GARNATI,
And THE WILLIAMSON COUNTY BOARD, ?
JUL 0 7
2008
)?
Pollution Con
I
ir
l
Lo
NBOo
alSr
d
Petitioners,
) Case No. PCB 2008-93
) Permit Appeal-Land
KIBLER DEVELOPMENT CORPORATION,
?
)
MARION RIDGE LANDFILL, INC., and?
)
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY,
?
)
Respondents.
?
)
MOTION FOR EXTENSION OF TIME FOR DISCOVERY RESPONSE
NOW COME Respondents, KIBLER DEVELOPMENT CORPORATION and MARION
RIDGE LANDFILL, INC., through their undersigned attorney, and move this Board, through its
hearing officer, for an extension of time to and until July 11, 2008, within which to respond to
Petitioners' discovery requests. In support of this motion, these Respondents state as follows:
1.
At the initial scheduling and status conference in this matter held on June 23, 2008,
counsel for Petitioners (who had not yet even entered an appearance on behalf of Petitioners)
asserted for the first time the desire to perform expedited discovery, and expressed a request for an
order that all discovery requests be submitted on or before June 25, and that all discovery responses
be served no later than July 9, 2008.
2.
Petitioners' requests came as a surprise to Respondents, but in the course of the
conversation on June 23, Respondents determined that they would not raise any objection to
Petitioners' proposal, in part because Respondents intended to file a motion with this Board to
strike and dismiss this proceeding, which if granted should render Petitioners' proposed discovery
moot.
3.
However, during the press of business at the status conference, counsel for
Respondents overlooked the fact that Petitioners' proposed deadline for discovery responses was
before the anticipated ruling by this Board upon the pending motions to dismiss.
4.
In light of the above circumstances, these Respondents request at this time that this
Board, through its hearing officer, extend the time within which the parties are to respond to
pending discovery requests to and until July 11, 2008.
5.
The proposed extension will allow the parties to learn of the Board's ruling prior to
exchanging the discovery responses, which in some instances may include sensitive, confidential or
proprietary information. In the event the matter is dismissed, the parties will not be at risk of such
information being wrongfully publicized. Moreover, the slight delay will potentially avoid
unnecessary costs of compiling and finalizing the discovery responses, in the event the Board
dismisses this matter.
6.
Finally, the slight extension requested herein poses no threat of prejudice to anyone.
Much of the discovery requests, particularly those submitted by Petitioners, were beyond
information and materials that were before the Illinois Environmental Protection Agency at the time
of the permit decision at issue in this case, and/or do not relate to that permit decision at all, and so
are not relevant to this proceeding in the first place. Moreover, the one or two day delay will not in
any meaningful way interfere with or deprive any party of the opportunity to review the material in
advance of or prepare for, the scheduled hearing.
7.
As of the date and time of the filing of this motion, no one has contacted counsel for
these Respondents concerning any attempt to schedule any depositions in this case.
WHEREFORE Respondents KIBLER DEVELOPMENT CORP. and MARION RIDGE
LANDFILL, INC., request that this Board, through its hearing officer, extend the current due date
for discovery responses to and until July 11, 2008, as an extension of the current due date of July 9,
2008.
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Respectfully submitted,
Kibler Development Corporation & Marion Ridge
Landfill, Inc., Respondents,
By their attorney,
HEDINGER LAW OFFICE
Hedinger Law Office
2601 South Fifth Street
Springfield, IL 62703
Telephone: (217) 523-2753
Fax: (217) 523-4366
hedinger@hedingerlaw.com
By
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