ILLINOIS POLLUTION CONTROL BOARD
April 16, 2009
WASTE MANAGEMENT OF ILLINOIS,
INC., and KENDALL LAND AND CATTLE,
LLC,
Petitioners,
v.
COUNTY BOARD OF KENDALL COUNTY,
Respondent.
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PCB 09-43
(Pollution Control Facility
Siting Appeal)
ORDER OF THE BOARD (by A.S. Moore):
On February 9, 2009, the Village of Minooka (Minooka) filed a motion for leave to file
an
amicus
brief. On February 13, 2009, Kankakee Regional Landfill, LLC (KRL) filed a motion
for leave to file
amicus
brief. On February 20, 2009, petitioners Waste Management of Illinois,
Inc. and Kendall Land and Cattle, LLC (collectively, petitioners) filed their objection to the
motion for leave to file
amicus
brief by Minooka. On February 24, 2009, petitioners filed their
objection to the motion for leave to file
amicus
brief by KRL.
The Board today addresses two filings: a combined response by the County Board of
Kendall County (County Board) to petitioners’ objections to the motions for leave to file an
amicus
brief (Combined Resp.); and Minooka’s response to petitioners’ objection to the motion
for leave to file an
amicus
brief (Minooka Resp).
COUNTY BOARD’S COMBINED RESPONSE
The County Board notes that, on February 6, 2009, Minooka filed a motion for leave to
file an
amicus
brief and that, on February 20, 2009, petitioners filed their objection to that
motion. Combined Resp. at 1. The County Board further notes that, on February 12, 2009, KRL
filed a motion for leave to file an
amicus
brief and that, on February 24, 2009, petitioners filed
their objection to that motion.
Id
. On March 6, 2009, the County Board filed its combined
response to petitioners’ objections.
The Board’s procedural rules provide in pertinent part that “[t]he moving person will not
have the right to reply, except as permitted by the Board or the hearing officer to prevent
material prejudice. A motion for leave to file a reply must be filed with the Board within 14 days
after service of the response.” 35 Ill. Adm. Code 101.500(e).
Construing the combined response as the County Board’s reply to petitioner’s objections,
the Board notes that the combined response was not filed by either Minooka or KRL as the
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moving person and was not accompanied by a motion for leave to file a reply. Accordingly, the
Board declines to consider the combined response as a reply.
Construing the combined response as the County Board’s response to motions by
Minooka and KRL, the Board notes that it was not filed within the 14-day response deadline.
See
35 Ill. Adm. Code 101.500(d). Accordingly, the Board also declines to consider the
combined response as a response to the original motions by Minooka and KRL. In this regard,
however, the Board notes that, in an order dated March 5, 2009, it granted Minooka’s and KRL’s
motions for leave to file an
amicus
brief.
MINOOKA’S RESPONSE
Minooka notes that, on February 9, 2009, the Board received Minooka’s motion for leave
to file an
amicus
brief. Minooka Resp. at 1. Minooka acknowledges petitioners’ objection to
that motion filed on February 20, 2009.
Id
. at 2. Responding to that objection on March 9, 2009,
Minooka claims that, until petitioners respond to the County Board’s demand for a bill of
particulars, it is “premature” to respond to petitioner’s objection.
Id
. Minooka requests leave to
file a reply to petitioners’ objection within seven days after receiving a response to the demand
for a bill of particulars.
Id
. at 3. Alternatively, Minooka effectively renews its request that the
board grant its motion for leave to file an
amicus
brief.
See id
. at 3-4.
The Board notes that, in an order dated March 5, 2009, it granted the Minooka’s motion
for leave to file an
amicus
brief. Accordingly, the Board denies Minooka’s request for leave to
file a reply as moot.
CONCLUSION
The Board first declines to consider the County Board’s combined response as either a
response to the original motions for leave to file an
amicus
brief or as a reply to petitioner’s
objections to those motions. Second, the Board denies Minooka’s motion for leave to file a reply
as moot, as the Board has granted Minooka’s motion for leave to file an
amicus
brief.
The Board today reserves ruling on the March 4, 2009, motion by Grundy County to
intervene in this proceeding. The Board today also reserves ruling on the County Board’s April
10, 2009, motion to dismiss portions of the petitioners’ amended petition for review.
Also, the Board notes that, in an order dated April 15, 2009, the hearing officer granted
the County Board’s April 7, 2009, motion to withdraw its demand for a bill of particulars, which
the County Board filed on March 4, 2009.
IT IS SO ORDERED.
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I, John T. Therriault, Assistant Clerk of the Illinois Pollution Control Board, certify that
the Board adopted the above order on April 2, 2009, by a vote of 5-0.
___________________________________
John T. Therriault, Assistant Clerk
Illinois Pollution Control Board
