BEFORE THE POLLUTION CONTROL BOARD
    OF THE STATE OF ILLINOIS
    PEOPLE OF WILLIAMSON COUNTY
    ex rel.
    )
    STATE’S ATTORNEY CHARLES GARNATI,
    )
    And THE WILLIAMSON COUNTY BOARD,
    )
    Petitioners,
    )
    v.
    )
    PCB No. 08-93
    KIBLER DEVELOPMENT CORPORATION,
    )
    (Permit Appeal - Land)
    MARION RIDGE LANDFILL, INC., and
    )
    ILLINOIS ENVIRONMENTAL PROTECTION
    )
    AGENCY,
    )
    Respondents.
    )
    NOTICE
    John Therriault, Acting Clerk
    Carol Webb, Hearing Officer
    Illinois Pollution Control Board
    Illinois Pollution Control Board
    James R. Thompson Center
    1021 North Grand Avenue East
    100 West Randolph Street, Suite 11-500
    P.O. Box 19274
    Chicago, IL 60601
    Springfield, IL 62794-9274
    Stephen F. Hedinger
    Michael John Ruffley
    Hedinger Law Officer
    Assistant State’s Attorney
    2601 South Fifth Street
    200 Jefferson, Williamson County Courthouse
    Springfield, IL 62703
    Marion, IL 62959
    Jennifer Sackett Pohlenz
    Querrey & Harrow
    75 West Jackson Boulevard
    Suite 1600
    Chicago, IL 60604-2827
    PLEASE TAKE NOTICE that I have today filed with the office of the Clerk of the Pollution Control
    Board an
    REPLY TO PETITIONERS’ JOINT RESPONSE IN OPPOSITION TO IEPA AND
    LANDFILL’S MOTIONS TO DISMISS
    , copies of which are herewith served upon you.
    Respectfully submitted,
    ILLINOIS ENVIRONMENTAL PROTECTION AGENCY,
    Respondent
    ____________________________
    Melanie A. Jarvis
    Assistant Counsel, Special Assistant Attorney General
    Division of Legal Counsel
    1021 North Grand Avenue, East P.O. Box 19276
    Springfield, Illinois 62794-9276
    217/782-5544
    217/782-9143 (TDD)
    Dated: July 8, 2008
    Electronic Filing - Received, Clerk's Office, July 8, 2008
    CERTIFICATE OF SERVICE
    I, the undersigned attorney at law, hereby certify that on July 8, 2008, I served true and correct
    copies of an
    REPLY TO PETITIONERS’ JOINT RESPONSE IN OPPOSITION TO IEPA AND
    LANDFILL’S MOTIONS TO DISMISS
    via the Board’s COOL System and by placing true and
    correct copies thereof in properly sealed and addressed envelopes and by depositing said sealed
    envelopes in a U.S. Mail drop box located within Springfield, Illinois, with sufficient First Class postage
    affixed thereto, upon the following named persons:
    John Therriault, Acting Clerk
    Carol Webb, Hearing Officer
    Illinois Pollution Control Board
    Illinois Pollution Control Board
    James R. Thompson Center
    1021 North Grand Avenue East
    100 West Randolph Street, Suite 11-500
    P.O. Box 19274
    Chicago, IL 60601
    Springfield, IL 62794-9274
    Stephen F. Hedinger
    Michael John Ruffley
    Hedinger Law Officer
    Assistant State’s Attorney
    2601 South Fifth Street
    200 Jefferson, Williamson County Courthouse
    Springfield, IL 62703
    Marion, IL 62959
    Jennifer Sackett Pohlenz
    Querrey & Harrow
    75 West Jackson Boulevard
    Suite 1600
    Chicago, IL 60604-2827
    ILLINOIS ENVIRONMENTAL PROTECTION AGENCY,
    Respondent
    ____________________________
    Melanie A. Jarvis
    Assistant Counsel
    Special Assistant Attorney General
    Division of Legal Counsel
    1021 North Grand Avenue, East
    P.O. Box 19276
    Springfield, Illinois 62794-9276
    217/782-5544
    217/782-9143 (TDD)
    Electronic Filing - Received, Clerk's Office, July 8, 2008
    BEFORE THE POLLUTION CONTROL BOARD
    OF THE STATE OF ILLINOIS
    PEOPLE OF WILLIAMSON COUNTY
    ex rel.
    )
    STATE’S ATTORNEY CHARLES GARNATI,
    )
    And THE WILLIAMSON COUNTY BOARD,
    )
    Petitioners,
    )
    v.
    )
    PCB No. 08-93
    KIBLER DEVELOPMENT CORPORATION,
    )
    (Permit Appeal - Land)
    MARION RIDGE LANDFILL, INC., and
    )
    ILLINOIS ENVIRONMENTAL PROTECTION
    )
    AGENCY,
    )
    Respondents.
    )
    REPLY TO PETITIONERS’ JOINT RESPONSE IN OPPOSITION TO IEPA AND
    LANDFILL’S MOTIONS TO DISMISS
    NOW COMES Respondent, the Illinois Environmental Protection Agency (“Illinois EPA”), by
    one of its attorneys, Melanie A. Jarvis, Assistant Counsel and Special Assistant Attorney General, who
    is appearing limitedly for the purpose of attacking the sufficiency of the Petition filed in this case, and
    who, pursuant to 35 Ill. Adm. Code 101.506, hereby respectfully replies to Petitioners’ joint response to
    Respondent’s Motions to Dismiss and in support of said motion, the Illinois EPA states as follows:
    1.
    The Illinois EPA deems it necessary to reply to Petitioners’ Joint Response in Opposition
    to IEPA and Landfill’s Motions to Dismiss filed July 7, 2008.
    2.
    Initially, it is important, if not dispositive, to note that Petitioners fail to address the
    jurisdictional and standing issues raised. Apparently, Petitioners deem it appropriate to review its
    authority to seek an appeal of the issuance of an Illinois EPA permit with rational that the Office of the
    Illinois Attorney General should be allowed in Circuit Court to seek a declaratory judgment action
    against a person to develop a site. These two issues are not similar. The later case deals with whether
    the People have standing to seek relief in circuit court based upon Administrative action, not whether the
    People have standing to participate in the decision making process and seek review of the Board during
    Electronic Filing - Received, Clerk's Office, July 8, 2008
    the administrative process. In this light, the Petitioners did not address the question of jurisdiction in
    their response. As stated in Illinois EPA’s Motion to Dismiss, the Illinois Environmental Protection Act,
    415 ILCS 5/1 et seq. (2006) (“Act”) does not allow for the third party appeal of the type of permit issued
    in this case by the Illinois EPA. The Board, like the Illinois EPA is a creature of statute and cannot
    create jurisdiction where the Act does not provide it.
    3.
    Moreover, the Petitioners appear to state that the Illinois EPA claimed that they could not
    appeal its permit decision because it was not a party to the process. Illinois EPA did not, within its
    motion, make that point, no matter how valid it is, and the Illinois EPA would reserve its right to
    present argument on this issue, should the Petitioner present further arguments relating to this point.
    4.
    The Illinois EPA has always maintained through its filing of a limited appearance that it
    was only subjecting itself to the jurisdiction of the Board for the purposes of challenging said
    jurisdiction. Further, Illinois EPA should not be prejudiced by following the rules of the Board in the
    filing of its Motion to Dismiss. The Board in adopting said rules obviously did not feel that a Petitioner
    would be prejudiced by the filing of a motion to dismiss within the 30-day period. Petitioners’ argument
    to the contrary is really the farce in this case.
    CONCLUSION
    For the reasons stated herein, the Illinois EPA respectfully requests that the Board grant the
    Illinois EPA’s Motion to Dismiss based on the Board’s lack of jurisdiction or in the alternative finding
    that Petitioners lack standing to bring this matter before the Board.
    Electronic Filing - Received, Clerk's Office, July 8, 2008
    Respectfully submitted,
    ILLINOIS ENVIRONMENTAL PROTECTION AGENCY,
    Respondent
    ____________________________
    Melanie A. Jarvis
    Assistant Counsel
    Special Assistant Attorney General
    Division of Legal Counsel
    1021 North Grand Avenue, East
    P.O. Box 19276
    Springfield, Illinois 62794-9276
    217/782-5544
    217/782-9143 (TDD)
    Dated: July 8, 2008
    This filing submitted on recycled paper.
    Electronic Filing - Received, Clerk's Office, July 8, 2008

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