BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
ATKINSON LANDFILL COMPANY,
)
)
Petitioner,
)
)
v.
)
PCB 07-20
)
(Pollution Control Facility
THE VILLAGE OF ATKINSON AND
)
Siting Appeal)
THE VILLAGE BOARD OF THE
)
VILLAGE OF ATKINSON,
)
)
Respondents
NOTICE OF FILING
TO
:
SEE SERVICE LIST
PLEASE TAKE NOTICE
that on July 18, 2008, the attached documents were filed:
1. Petitioner’s Waiver of Decision Deadline;
2. Agreed Motion to Stay.
CERTIFICATE OF SERVICE
I,
GLENN C. SECHEN
, an attorney, certify that I have served a copy of the
attached document by regular mail upon the person(s) on the attached Service List at or
before 4:00 p.m. on the 18
th
day of July, 2008.
Glenn C. Sechen
Glenn C. Sechen, Counsel for the Petitioner
Glenn C. Sechen
James R. Griffin
Schain, Burney, Ross & Citron, Ltd.
222 North LaSalle Street
Suite 1910
Chicago, IL 60601-4514
312/ 332-0200
F:\GCS\Atkinson\Landfill Expansion\Appeal\Pleadings, Filed\40] Not.of Filing 7-18-08.doc
(printed on recycled paper)
Electronic Filing - Received, Clerk's Office, July 18, 2008
Printed on Recycled Paper
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
ATKINSON LANDFILL COMPANY,
)
)
Petitioner,
)
)
v.
)
PCB 07-20
)
(Pollution Control Facility
THE VILLAGE OF ATKINSON AND
)
Siting Appeal)
THE VILLAGE BOARD OF THE
)
VILLAGE OF ATKINSON,
)
)
Respondents
)
PETITIONER’S WAIVER OF DECISION DEADLINE
NOW COMES the Petitioner, Atkinson Landfill Company (“Petitioner”), by its
attorneys Glenn C. Sechen and James R. Griffin, and hereby moves as follows:
1.
The Petitioner has filed a second request for a stay. Should said request be
granted, the Petitioner hereby waives the Board’s decision deadline.
2.
Should the Board deny the motion for a stay or enter the stay for only a
specified period of time, the Petitioner hereby extends the decision deadline to and
including December 18, 2008.
WHEREFORE,
the Petitioner, Atkinson Landfill Company prays that the decision
deadline be waived or extended in accordance herewith.
Respectfully Submitted:
Glenn C. Sechen
Counsel for the Petitioner
GLENN C. SECHEN
JAMES R. GRIFFIN
Schain, Burney, Ross & Citron, Ltd.
222 North LaSalle St., #1910
Chicago, IL 60601
312-332-0200
312-332-4514 telefax
gsechen@schainlaw.com
F:\GCS\Atkinson\Landfill Expansion\Appeal\Pleadings, Filed\40] Petitioner's Waiver of Decision Deadline to 12-18-08.doc
Electronic Filing - Received, Clerk's Office, July 18, 2008
Printed on Recycled Paper
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
ATKINSON LANDFILL COMPANY,
)
)
Petitioner,
)
)
v.
)
PCB 07-20
)
(Pollution Control Facility
THE VILLAGE OF ATKINSON AND
)
Siting Appeal)
THE VILLAGE BOARD OF THE
)
VILLAGE OF ATKINSON,
)
)
Respondents
)
AGREED MOTION TO STAY
NOW COMES the Petitioner, Atkinson Landfill Company (“Petitioner”), by its
attorneys Glenn C. Sechen and James R. Griffin, and hereby joins with the Village of
Atkinson (“Village”) and pursuant to
Section 101.514 of the Board’s rules move to stay
this matter. In support hereof the parties state as follows:
1.
The Village of Atkinson passed Resolution 185 granting siting approval
with conditions on August 28, 2006.
2.
The Petitioner and the Village (collectively, the “Parties”) have negotiated
in good faith and are near an agreement which could ultimately resolve this matter.
3.
Recently the Village filed its Response to Petition for Review whereby the
Village admits many of the key elements of the Petition for Review.
4.
The Parties desire to allow the Atkinson Landfill Company to file another
siting application.
5.
Additional land my need to be purchased and the siting application would
need to be designed with a new footprint.
6.
Should such an application be granted, this matter would be dismissed.
Electronic Filing - Received, Clerk's Office, July 18, 2008
Printed on Recycled Paper
2
7.
The Parties have agreed and hereby ask the Board to allow either party to
file a Notice to Reinstate pursuant to Section 101.514 of the Board’s Rules.
8.
The current status of this matter would potentially involve the taking of
discovery and the conducting of the necessary public hearing should the stay not be
granted.
9.
Should the Petitioner not move to dismiss as outlined above, the Parties
agree to file status report upon the lifting of the stay, as required.
10.
Additionally, pursuant to Sections 101.308 and 101.514 of the Boards’ rules,
the Petitioner agrees to and hereby does waive the applicable decision deadline to the full
extent necessary to permit the entry of the requested relief.
11.
On January 10, 2008, the Board entered an order similar to that requested
herein, but it was inadvertently not extended as allowed by that order.
WHEREFORE,
the Parties together pray that the Board stay this proceeding
upon such additional time limits and reasonable terms as the Board may require.
Respectfully Submitted
Glenn C. Sechen
Counsel for the Petitioner
GLENN C. SECHEN
JAMES R. GRIFFIN
Schain, Burney, Ross & Citron, Ltd.
222 North LaSalle St., #1910
Chicago, IL 60601
312-332-0200
312-332-4514 telefax
gsechen@schainlaw.com
GCS\ATKINSON\APPPEAL\FILED PLEADINGS\40] Agreed Motion to Stay2.doc
Electronic Filing - Received, Clerk's Office, July 18, 2008
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
ATKINSON LANDFILL COMPANY,
)
)
Petitioner,
)
)
vi.
)
PCB 07-20
)
(Pollution Control Facility
THE VILLAGE OF ATKINSON AND
)
Siting Appeal)
THE VILLAGE BOARD OF THE
)
VILLAGE OF ATKINSON,
)
)
Respondents.
)
SERVICE LIST
Bradley P. Halloran
Hearing Officer
Illinois Pollution Control Board
James R. Thompson Ctr., Ste. 11-500
100 W. Randolph Street
Chicago, Illinois 60601
Fax: (312) 814-3669 and mail
Dorothy M. Gunn
Illinois Pollution Control Board
James R. Thompson Ctr, Ste. 11-500
100 W. Randolph Street
Chicago, Illinois 60601
Fax: (312) 814-3669
Village of Atkinson
c/o Clerk’s Office
107 W. Main Street
P.O. Box 614
Atkinson, IL 61235
Fax: (309) 936-7648
Email: atkinson@theinter.com
Virgil Thurman
Corporate Counsel
Village of Atkinson
137 S. State St., Suite 208
Geneseo, IL 61254
Fax: (309)
944-8416
Email: vthurmanlaw@geneseo.net
Electronic Filing - Received, Clerk's Office, July 18, 2008