This filing submitted on recycled paper.
BEFORE THE POLLUTION CONTROL BOARD
OF THE STATE OF ILLINOIS
KIBLER DEVELOPMENT CORPORATION,
)
and MARION RIDGE LANDFILL, INC.,
)
Petitioner,
)
)
v.
)
PCB 07-43
)
PCB 05-35
)
(Permit Appeal - Land)
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
Respondent.
)
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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
P. O. Box 19274
Suite 11-500
Springfield, IL 62794-9274
Chicago, IL 60601
Stephen F. Hedinger
Charles Garnati
Hedinger Law Officer
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 a REPONSE TO MOTION TO INTERVENE copies of which are herewith served upon you.
Respectfully submitted,
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY,
Respondent
____________________________
Melanie A. Jarvis, Assistant Counsel
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 28, 2008
Electronic Filing - Received, Clerk's Office, July 28, 2008
* * * * * PCB 05-35 * * * * *
This filing submitted on recycled paper.
BEFORE THE POLLUTION CONTROL BOARD
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OF THE STATE OF ILLINOIS
KIBLER DEVELOPMENT CORPORATION,
)
and MARION RIDGE LANDFILL, INC.,
)
Petitioners,
)
PCB 07-43
v.
)
PCB 05-35
)
(Permit Appeal - Land)
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
Respondent.
)
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RESPONSE TO MOTION TO INTERVENE
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, pursuant to 35 Ill. Adm. Code 101.506, hereby respectfully responds to the Motion to Intervene
and in support of said response, the Illinois EPA states as follows:
The State’s Attorney of Williamson County filed its motion to intervene on July 21, 2008.
The matters at issue in the above cases were previously settled by the parties and the Petitioner filed
a motion to dismiss on July 18, 2008. No issues remain in the case and an intervention at this late
date would not further the progress of a case that is basically settled and over. The Illinois EPA
objects to the Motion to Intervene.
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CONCLUSION
For the reasons stated herein, the Illinois EPA respectfully requests that the Board deny the
Motion to Intervene.
Electronic Filing - Received, Clerk's Office, July 28, 2008
* * * * * PCB 05-35 * * * * *
This filing submitted on recycled paper.
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 28, 2008
Electronic Filing - Received, Clerk's Office, July 28, 2008
* * * * * PCB 05-35 * * * * *
This filing submitted on recycled paper.
CERTIFICATE OF SERVICE
I, the undersigned attorney at law, hereby certify that on July 28, 2008 I served true and
correct copies of a RESPONSE TO MOTION TO INTERVENE by 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
P. O. Box 19274
Suite 11-500
Springfield, IL 62794-9274
Chicago, IL 60601
Stephen F. Hedinger
Charles Garnati
Hedinger Law Officer
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
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 28, 2008
* * * * * PCB 05-35 * * * * *
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