BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
UNITED CITY OF YORKVILLE, A
MUNICIPAL CORPORATION,
Complainant,
v.
HAMMAN FARMS"
Respondents.
)
)
)
)
)
)
)
)
)
)
PCB No. 08-96
(Enforcement-Land, Air, Water)
NOTICE OF FILING
TO: SEE ATTACHED SERVICE LIST
PLEASE TAKE NOTICE that on December 10, 2008, we electronically filed with the
Clerk of the Illinois Pollution Control Board, Respondent's Motion for Leave to File a Reply in
Support of its Motion for Reconsideration, a copy of which is attached hereto and hereby served
upon you.
Dated:
December 10,2008
Charles
F. Heisten
Nicola Nelson
Hinshaw
&
Culbertson LLP
100 Park Avenue
P.O. Box 1389
Rockford, IL 61105-1389
815-490-4900
Respectfully submitted,
On behalf of HAMMAN FARMS
Is/Charles F. Helsten
Charles F. Helsten
One
of Its Attorneys
70566463vl 890522 66799
Electronic Filing - Received, Clerk's Office, December 10, 2008
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
UNITED CITY OF YORKVILLE, A
MUNICIP
AL CORPORATION,
Complainant,
v.
HAMMAN FARMS,
Respondent.
)
)
)
)
)
)
)
)
)
)
PCB No. 08-96
(Enforcement-Land, Air, Water)
RESPONDENT'S MOTION FOR LEAVE TO FlLE A REPLY IN SUPPORT OF ITS
MOTION FOR RECONSIDERATION
NOW COMES the Respondent, HAMMAN FARMS, by and through its attorneys,
Charles F. Helsten and HINSHAW
&
CULBERTSON LLP, pursuant to 35 IlI.Adm.Code
101.500(e), and hereby requests leave to file a Reply
in Support of its Motion for
Reconsideration in order to respond to misrepresentations included in the Complainant's
Response, stating as follows:
1.
On July 8, 2008, 2008, Respondent Hamman Farms filed a Motion to Strike
andlor Dismiss Counts II, III and IV
of Yorkville's Complaint.
2.
On
October 16, 2008, the Board granted in part and denied in part Hamman
FalTIls' motion. The Board's Order dismissed Count TIl (Air Pollution) for lack of specificity,
but declined to dismiss Count IV (Water Pollution) for lack
ofspecificity.
3.
On November 14, 2008, Hamman Fanns filed a Motion for Reconsideration
concerning the
Board'sholding as to Count IV.
4.
On December 1, 2008, Yorkville filed a Response opposing the Motion for
Reconsideration, in which Yorkville misrepresents the argwnents set forth in Hamman Farms'
motion, and misrepresents the Board's findings and holding in its October
16,2008 Order.
5.
In the absence of an opportunity to file a Reply in support of its Motion for
70582836vl 890522 66799
Electronic Filing - Received, Clerk's Office, December 10, 2008
Reconsideration, Hamman Farms will be materially prejudiced.
6.
Hamman Farms has prepared a Reply which addresses the misrepresentations and
mischaracterizations
of Yorkville's Response, and by this motion seeks leave to file its Reply
with the Board to avoid material prejudice.
A copy ofthe proposed Reply is attached hereto.
WHEREFORE: Respondent, Hamman Farms, respectfully requests that the Board grant
leave to file Hamman
Fanus' Reply in Support of its Motion for Reconsideration, which is
attached hereto.
Dated:
December 10, 2008
Charles
F. Helsten
Nicola Nelson
Hinshaw
&
Culbertson LLP
100
Park
A
venue
P.O. Box 1389
Rockford,
IL
61105~1389
815-490-4900
2
Respectfully submitted,
On
behalf of HAMMAN FARMS
IslCharles
F. Helsten
Charles
F. Helsten
One
of Its Attorneys
705828)6vl 890522 66799
Electronic Filing - Received, Clerk's Office, December 10, 2008
AFFIDAVIT OF SERVICE
The undersigned, pursuant to the provisions of Section 1-109 ofthe Illinois Code of Civil
Procedure, hereby under penalty
ofperjury under the laws ofthe United States ofAmerica,
certifies that on December 10, 2008, she caused to be served a
copy of the foregoing upon:
Mr. John T. Therriault, Assistant Clerk
Illinois Pollution Control Board
100 W.
Randolph, Suite 11-500
Chicago, IL 60601
(via
electronic filing)
Bradley P. Halloran
Hearing Officer
Illinois Pollution Control Board
James R. Thompson Center, Suite 11-500
100
w. Randolph Street
Chicago,IL 60601
(via email: ballorab@ipcb.state.il.us)
Via electronic filing and/or e-mail delivery.
PCB No. 08-96
Charles F. Heisten
Nicola
A. Nelson
HINSHAW
&
CULBERTSON
100
Park Avenue
P.O. Box 1389
Rockford, IL 61105-1389
(815) 490-4900
Thomas G. Gardiner
Michelle
M. LaGrotta
GARDINER KOCH
&
WEISBERG
53 W. Jackson Blvd., Ste. 950
Chicago,
II.
60604
tgardiner@gkw-Iaw.com
mlagrotta@gkw-law.com
70567539vl 890522 66799
Electronic Filing - Received, Clerk's Office, December 10, 2008
