BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
    UNITED CITY OF YORKVILLE, A
    MUNICIPAL CORPORATION,
    Complainant,
    v.
    HAMMAN FARMS"
    Respondents.
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    PCB No. 08-96
    (Enforcement-Land, Air, Water)
    NOTICE OF FILING
    TO: SEE ATTACHED SERVICE LIST
    PLEASE
    TAKE NOTICE that on December 11, 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 to Dismiss Counts I and
    II
    as Duplicative, a copy of which is attached
    hereto and hereby served upon you.
    Dated:
    December 11,2008
    Charles F. Helsten
    Nicola Nelson
    Hinshaw
    &
    Culbertson LLP
    1
    00 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 11, 2008
    BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
    UNITED CITY OF YORKVILLE, A
    MUNICIPAL CORPORATION,
    Complainant,
    v.
    HAMMAN FARMS,
    Respondent.
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    PCB No. 08-96
    (Enforcement-Land, Air, Water)
    RESPONDENT'S MOTION FOR LEAVE TO FILE A REPLY IN SUPPORT OF ITS
    MOTION TO DISMISS COUNTS I AND II AS DUPLICATIVE
    NOW COMES the Respondent, HAMMAN FARMS, by and through its attorneys,
    Charles F. Helsten and HINSHAW
    &
    CULBERTSON LLP, pursuant to 35 Ill.Adm.Code
    101.500(e), and hereby requests leave to file a Reply in Support
    of its Motion to Dismiss,
    responding to allegations in the Complainant'sResponse, stating as follows:
    1.
    On November 17, 2008, Respondent Hamman Farms filed a Motion to Dismiss
    Counts I and II
    of Complainant City of Yorkville'sComplaint as duplicative.
    2.
    Respondent's Motion cited the duplicative enforcement action against Hamman
    Farms
    by the Attorney General, which alleges identical causes of action against Hamman Fanns
    as those alleged in Yorkville's Complaint and which is currently pending in Kendall County
    Circuit Court.
    3.
    In response to Respondent'sMotion to Dismiss, Yorkville filed a brief in which it
    misrepresents the facts and the law.
    In
    the absence of the right to file a reply, Hamman Farms
    would suffer material prejudice.
    4.
    Respondent has prepared a Reply which addresses the misrepresentations
    of
    Yorkville's Response, and by this motion seeks leave to file the Reply to avoid material
    prejudice to Respondent's case. A copy
    of the proposed Reply is attached hereto and filed
    70582696vl 890522 66799
    Electronic Filing - Received, Clerk's Office, December 11, 2008
    herewith.
    WHEREFORE: Respondent, Hamman Farms, respectfully requests that the Board grant
    leave for Respondent to file its Reply in Support
    of its Motion to Dismiss.
    Dated:
    December
    11,
    2008
    Charles
    F. Helsten
    Nicola Nelson
    Hinshaw & Culbertson
    LLP
    100 Park Avenue
    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
    70582696vl 890522 66799
    Electronic Filing - Received, Clerk's Office, December 11, 2008
    AFFIDAVIT OF SERVICE
    The undersigned, pursuant to the provisions of Section 1-109 of the Illinois Code of Civil
    Procedure, hereby under penalty
    ofperjury under the laws ofthe United States ofAmerica,
    certifies that on December
    11,2008, she caused to be served a copy ofthe foregoing upon:
    Mr. John
    T. Therriault, Assistant Clerk
    l11inois 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: hallorab@ipcb.state.i1.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, IL 60604
    tgardiner@gkw-Iaw.com
    mlagrotta@gkw-Iaw.com
    70567539vl 890522 66799
    Electronic Filing - Received, Clerk's Office, December 11, 2008

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