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.
)
)
)
l
l
)
)
NOTICE OF FlLING
TO:
All Counsel of Record (see attached Service List)
PCB No. 09-43
PLEASE TAKE NOTICE that on March 30, 2009, the undersigned filed with the lllinoi.
Pollution
Control Board, 100 West Randolph Street, Chicago, illinois 60601, Grundy County's
Motion for Leave to File a Reply in Support of its Motion for Leave to Intervene, copies of
which are attached hereto.
Dated:
March
30, 2009
Charles
F. Helsten
Hinshaw
&
Culbertson LLP
100
Park Avenue
P.O. Box 1389
Rockford,IL61105-1389
815-490-4900
Respectfully submitted,
On behalf of GRUNDY COUNTY, ILLINOIS
lsi
Charles P. Helsten
Charles
P. Helsten
One of Its Attorneys
70592031vl 876579 62802
Electronic Filing - Received, Clerk's Office, March 30, 2009
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
WASTE
MANAGEMENT OF ILLINOIS, INC,
)
AND KENDALL LAND AND CATTLE, LLC,
)
)
vs
Petitioners,
l
PCB 09.043
COUNTY BOARD OF KENDALL COUNTY,
)
)
)
)
(pollution Control Board Facility
Siting Appeal)
ILLINOIS
GRUNDY COUNTY'S MOTION FOR LEAVE TO FILE A REPLY
IN SUPPORT OF ITS MOTION FOR LEAVE TO INTERVENE
NOW COMES the County of Grundy, by and through its attorneys, State's Attorney
Sheldon Sobol, and HINSHAW
&
CULBERTSON LLP, pursuant to 35 Ill.Adm.Code
10 UOO( e), and hereby requests leave to file a Reply in Support of its Motion for Leave to
Intervene, stating as follows:
1.
On
March 4, 2009, Grundy County filed a Motion for Leave to Intervene in this
appeal.
2.
Grundy County participated in the proceedings below, and seeks to intervene in
the appeal to protect the health, safety, and welfare ofits residents, which would be threatened if
Petitioners were 10 be successful in vacating the decision of the Kendall Couoty Board.
3.
Petitioners seek to prevent Grundy County from par11cipating in this appeal, and
in furtherance of that effort, they filed an objection 10 the Motion to Intervene in which they
grossly mischaracterize andJor misrepresent the arguments in Gnmdy County's motion, as well
as goventing law.
4.
In the absence of an opportunity to file a Reply in support of its Motion, Cmmdy
County will be materially prejudiced.
5.
Grundy County has prepared a Reply which addresses the mischaracterizations
andior misrepresentations in Petitioners' brief
t
and by this motion
seeks
leave to file its Reply
70594380vl 876579 62802
Electronic Filing - Received, Clerk's Office, March 30, 2009
with the Board to avoid material prejudice. A copy ofthe proposed Reply is attached hereto.
WHEREFORE: Grundy Coooty respectfully requests that the Board graot leave to file
Groody County's Reply in Support of its Motion to Intervene, which is attached hereto.
Dated:
March
30, 2008
Sheldon Sobol
Grundy
County State's Attorney
III E. Washington St.
Morris, IL 60450
(815) 941-3276
Charles F. Helsten
Nicola Nelson
Hinshaw
&
Culbertson LLP
100 Park Avenue
P.O. Box 1389
Rockford, IL 61105-1389
815-490-4900
Respectfully submitted,
Groody County, Illinois
By:
lsi
Charles F. Helsten
One ofIts Attorneys
This document utilized lOoy. recycled paper products.
70S943SQvl 876'79 62802
Electronic Filing - Received, Clerk's Office, March 30, 2009
AFFIDAVIT OF SERVICE
The undersigned, pursuant to the provisions of Section 1-109 of the Illinois Code of Civil
Procedure, hereby under penalty
of peIjury under the laws of the United States of America,
certifies that on March 30, 2009, she served a copy
of the
foregoing upon:
Donald J. Moran
Bradley P. Hallorao
Pedersen
&
Houpt
Illinois Pollution Control Board
161 N. Clark Street
laroes R. Thompson Center
Suite 3100
\00 West Randolph SI.
Chicago,IL 60601
Suite 11-500
Qmoran@.Jledersenhoupt.com
Chicago,IL 60601
halJorab@incb.stat~.il.ys
Eric C. Weis
laroes F. McCluskey
Kendall County
St.te's Attorney
James S. Harkness
807 WestJohn S1.
100
I
Warrenville Road, Ste. 500
Yorkville, IL 60560
Lisle, IL 60532
eweis@co.kendall.il.us
ifinccluskey@mgmlaw.com
jharkness@momlaw.com
Daniel J. Kramer
George Mueller
Law Office of Daniel J. Kramer
Mueller Anderson, P.C.
11 07 A s. Bridge Street
609 East Etn. Road
Yorkville,
IL 60560
Ottawa, IL 61350
dkramer@daokramerlaw,£om
george@muel1erand~son.com
Rennetta Mickelson
Kendall
County Clerk
III
Fox Street
Yorkville,
IL 60560
rmi£keJson@co.k!aJdalJ.il.us
Via E-Mail and by depositing a copy thereof, enclosed in an envelope
in
the United States Mail
at Rockford, minois, proper postage prepaid, before the hour of 5 :00 p.m., addressed as above.
HINSHAW
&
CULBERTSON LLP
100 Pail< Avenue
P.O. Box 1389
Rockford, IL 61105-1389
(815)
490-4900
7Q592028vl 816579 62802
Electronic Filing - Received, Clerk's Office, March 30, 2009
