1. PROOF OF SERVICE
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
WASTE MANAGEMENT OF ILLINOIS,
INC.~dKENDALLCOUNTYLAND
AND CATTLE, LLC,
Petitioner
v.
COUNTY BOARD OF KENDALL
COUNTY, ILLINOIS,
Respondent
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PCB 09-43
(Pollution Control Board Facility Siting
Appeal)
NOTICE OF FILING
To: All Counsel of Record, See Attached Service List
PLEASE TAKE NOTICE that the undersigned has, on this 13th day of February, 2009,
caused to be filed with the Clerk of the Illinois Pollution Control Board, via electronic filing, the
attached
Motion for Extension of Time to File the Record
on behalf of the County Board of
Kendall County, Illinois, a copy of which is herewith served on you.
James F. McCluskey (ARDC No. 3124754)
James
S. Harkness (ARDC No. 6237256)
Momkus McCluskey, LLC
1001 Warrenville Road, Suite 500
Lisle, IL 60532
Tel: (630) 434-0400
Fax: (630) 434-0444
jfmccluskey@momlaw.com
jharkness@momlaw.com
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Respectfully submitted,
County Board
of Kendall County, Illinois
By:
Is/James
S. Harkness
Electronic Filing - Received, Clerk's Office, February 13, 2009
PROOF OF SERVICE
Under penalties as provided by law, pursuant to Section 1-109 of the Code of Civil
Procedure, Sabrina Sanders, the undersigned non-attorney certifies that she served a true and
correct copy
of the foregoing Notice of Filing and Motion for Extension of Time to File the
Record, by (1) e-mail transmission and (2)
U.S. Mail to all respective addresses as listed on the
Service List from Lisle, Illinois
60532 on February l3, 2009.
James F. McCluskey (ARDC No. 3124754)
James
S. Harkness (ARDC No. 6237256)
Momkus McCluskey, LLC
1001 Warrenville Road, Suite 500
Lisle, IL 60532
Tel: (630) 434-0400
Fax: (630) 434-0444
jfrnccluskey@momlaw.com
jharkness@momlaw.com
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Sabrina Sanders
Electronic Filing - Received, Clerk's Office, February 13, 2009
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
WASTE MANAGEMENT OF ILLINOIS,
INC. and KENDALL COUNTY LAND
AND CATTLE, LLC,
Petitioner
v.
COUNTY BOARD OF KENDALL
COUNTY, ILLINOIS,
Respondent
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PCB 09-43
(Pollution
Control Board Facility Siting
Apperu)
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SERVICE LIST
Donald
J.
Moran
Pedersen
&
Houpt
161 North Clark Street, Suite 3100
Chicago,
IL 60601
312-261-2149
312-261-1149
- Fax
E-Mail: dmoran@pedersenhoupt.com
Bradley P. Halloran
Illinois Pollution Control Board
James
R.
Thompson Center
100 West Randolph Street
Suite 11-500
Chicago,
IL 60601
E-mail: hallorab@ipcb.state.il.us
Eric C. Weis
Kendall County State's Attorney
807 West John Street
Yorkville,
IL 60560
E-mail: eweis@co.kendall.il.us
Rennetta Mickelson
Kendall County Clerk
111 Fox Street
Yorkville,
IL 60560
Electronic Filing - Received, Clerk's Office, February 13, 2009
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
WASTE MANAGEMENT OF ILLINOIS, INC.)
and KENDALL COUNTY LAND AND
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CATTLE,
LLC,
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Petitioners,
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vs.
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COUNTY BOARD OF KENDALL COUNTY, )
ILLINOIS,
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Respondent.
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PCB
09-43
(Pollution
Control Board Facility
Siting Appeal)
MOTION FOR EXTENSION OF TIME TO FILE THE RECORD
NOW COMES Respondent, County Board of Kendall County, Illinois ("County Board"),
by its attorneys MOMKUS McCLUSKEY, LLC, and as its Motion for Extension of Time to File
the Record, states as
follows:
1.
The record in this matter is due today, February 13, 2009.
2.
County Board's counsel picked up the certified record this morning, February 13,
2009, from the Kendall County Clerk's Office and intended to deliver it to the Illinois Pollution
Control Board for filing ("PCB").
3.
Upon review of record prepared by the Kendall County Clerk's Office, it does not
meet the filing requirements of the
PCB, pursuant to 35 III. Admin. Code ยง107.304(b).
Specifically,
it is currently not in chronological sequence, indexed or numbered sequentially, as
required.
4.
The record in this matter is voluminous. The landfill application alone fills over
two (2) boxes. There were filed thousands of pages of exhibits and comments both before
and
after the public hearing. The County Board record, as delivered on February 13, 2009, consists
of over thirty
(30) bankers boxes. Counsel must now review these thirty (30) boxes to
determine which constitute the record and then conform it to the requirements of the
PCB.
5.
Complicating the filing of the record was the President's Day holiday, for which
the
Kendall County Clerk's Office was closed.
6.
The County Board requests that it be granted until February 24, 2009 to file the
certified record
so that enough time is given for its counsel to chronologically order, index and
number the documents
in the record. On February 13, 2009 counsel contacted a vendor to
assist in copying and pagination. The earliest date provided for completion was Friday,
February
20, 2009 at the end of business. Following, counsel will be required to create and
certify the indexes and record to conform with the Pollution Control Board's requirements. The
County Board
believes that being given this extension to file the record will in no way hinder,
delay or otherwise negatively impact these proceedings before the PCB. This is especially the
case because new parties are still entering appearances
in the case. On February 9, 2009, the
Village of Minooka filed its appearance.
In addition, on the eve of February 12, 2009 Kankakee
Regional Landfill, LLC, also filed an Appearance and Motion for Leave to File Amicus Brief.
WHEREFORE, Respondent, County Board of
Kendall County, Illinois, respectfully
requests that the Illinois Pollution Control Board:
1)
Grant an extension until Friday, February 20, 2009, for the County Board to file
the certified record; and
2)
Grant any further relief it deems just and necessary.
James
F. McCluskey
James S. Harkness
Jennifer
L.
Friedland
MOMKUS McCLUSKEY,
LLC
1001 Warrenville Road, Suite 500
Lisle, IL 60532
(630) 434-0400
(630)
434-0444 FAX
Respectfully submitted,
COUNTY BOARD OF KENDALL COUNTY
ILLINOIS
By: IslJames S. Harkness
Attorneys for Respondent
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