BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
IN THE MATTER OF
)
RCRA DELISTING ADJUSTED STANDARD
)
PETITION OF PEORIA DISPOSAL
COMPANY)
)
AS 08-10
(Adjusted Standard
- Land)
(RCRA Delisting)
MOTION FOR LEAVE TO FILE OVERSIZED
POST-HEARING BRIEF OF PEORIA DISPOSAL COMPANY
NOW COMES Peoria Disposal Company ("PDC"), by its attorneys, Elias, Meginnes,
Riffle & Seghetti, P.C. and Brown, Hay & Stephens, LLP, and as and for its Motion for Leave
to File Oversized Post-Hearing Brief, states
as follows:
1.
PDC
filed its RCRA Delisting Adjusted Standard Petition (the "Petition") with
the Pollution Control Board (the "Board") on April 25, 2008.
2.
The public hearing in this case was held on August 18, 2008. Twenty-seven
persons offered oral public comment at the hearing.
3.
The public comment deadline, originally set to September 11, 2008, was
extended by the Board to September 25, 2008.
PDC
was directed to file its post-hearing Brief
on or before October 9, 2008.
4.
Over three hundred (300) written public comments have been filed in this case.
5.
Nearly a dozen written public comments have been filed that were postmarked,
faxed or uploaded on September 25,2008 (constituting over 100 pages
of material).
6.
Pursuant to 35
Ill.
Adm. Code §101.302(k), PDC is required to request
permission to file a brief in excess
of 50 pages. PDC'sPost-Hearing Brief is 86 pages in length.
THIS DOCUMENT IS BEING FILED ELECTRONICALLY.
Electronic Filing - Received, Clerk's Office, October 8, 2008
7.
In its Post-Hearing Brief, PDC has specifically addressed each public comment
provided in this proceeding (including oral and written public comments) to facilitate the
Board'sreview
ofthis matter.
8.
Counsel for PDC has discussed the requirement contained in §101.302(k) with
the Board's hearing officer, who suggested that PDC file this motion with its Post-Hearing
Brief.
WHEREFORE, PDC respectfully requests that the Board permit PDC to file its
oversized Post-Hearing Brief, submitted contemporaneously with this motion.
Dated: October
8, 2008
Respectfully submitted,
PEORIA DISPOSAL COMPANY,
Petitioner
By:---;,.q-__=--'-'--/l-__
Claire
A.
Manning, Esq.
BROWN, HAY
&
STEPHENS, LLP
205
S. Fifth Street
Suite 700
Springfield, Illinois 62701
Telephone: (217) 544-8491
Facsimile: (217) 544-9609
Email: cmanning@bhslaw.com
908-0847
Brian 1. Meginnes, Esq.
Janaki Nair, Esq.
ELIAS, MEGINNES, RIFFLE
&
SEGHETTI, P.e.
416 Main Street, Suite 1400
Peoria, Illinois 61602
Telephone: (309) 637-6000
Facsimile: (309) 637-8514
Emails:bmeginnes@emrslaw.com
jnair@emrslaw.com
2
THIS DOCUMENT IS BEING FILED ELECTRONICALLY.
Electronic Filing - Received, Clerk's Office, October 8, 2008
CERTIFICATE OF FILING AND SERVICE
I certify that
on October 8, 2008, I filed the foregoing document electronically with the
Clerk
of the Illinois Pollution Control Board, and I served the foregoing document on all parties
hereto, by enclosing a true copy
of same in an envelope addressed to the attorney of record of
each party or the party as listed below, with first class postage fully prepaid, and depositing each
of said envelopes in the United States Mail at 5:00 p.m. on said date:
United States Environmental Protection Agency
Office
of Solid Waste and Emergency Response
1200 Pennsylvania Avenue,
NW
Washington, D.C. 20460
Lynn Buhl
Regional Administrator
United States Environmental Protection Agency, Region 5
77 West Jackson Boulevard
Chicago, IL 60604
William D. Ingersoll
Manager, Enforcement Programs
Illinois Environmental Protection Agency
1021 North Grand Avenue East
P.O. Box 19276
Springfield, IL 62794-9276
Claire
A.
Manning, Esq.
BROWN,
HAy &
STEPHENS, LLP
205
S. Fifth Street
Suite 700
Springfield, Illinois 62701
Telephone: (217) 544-8491
Facsimile: (217) 544-9609
Email: cmanning@bhslaw.com
Brian
J. Meginnes, Esq.
Janaki Nair, Esq.
ELIAS, MEGINNES, RIFFLE
&
SEGHETTI, P.C.
416 Main Street, Suite 1400
Peoria, Illinois 61602
Telephone: (309) 637-6000
Facsimile: (309) 637-8514
Emails:bmeginnes@emrslaw.com
jnair@emrslaw.com
3
THIS DOCUMENT IS BEING FILED ELECTRONICALLY.
Electronic Filing - Received, Clerk's Office, October 8, 2008
