BEFORE THE ILLINOIS POLLUTION CONTROL BOARD

HEARING REPORT
Witness Credibility
Exhibits
Briefing Schedule
Exhibit List

ILLINOIS POLLUTION CONTROL BOARD

FOX MORAINE,L.L.C.,

UNITED CITY OF YORKVILLE, CITY

KENDALL COUNTY,

(Pollution Control Facility

HEARING REPORT

On April 21, 22 and 23, 2009, hearings in this matter were held at the United City of

Yorkville Public Library, 902 Game Farm Road, Yorkville, Il. Attorneys George Mueller and

Richard S. Porter appeared and participated on behalf of the petitioner, Fox Moraine, L.L.C. (Fox

Moraine). Attorneys Leo P. Dombrowski and Anthony G. Hopp appeared and participated on

behalf of the respondent, United City of Yorkville, City Council (Yorkville). Attorneys James F.

McCluskey and James S. Harkness appeared and participated on behalf of the intervenor Kendall

Preliminary Matters

On April 6, 2009, Yorkville filed three motions

, entitled “United City of

Yorkville’s Motion in Limine #5”, “United City of Yorkville’s Motion in Limine #6” and,

“United City of Yorkville’s Motion in Limine 7”. On April 10, 2009, Fox Moraine filed their

respective responses. The motions

were addressed at the April 21, 2009, hearing and

the rulings are reflected in the transcript.

Witness Credibility

On April 23, 2009, Fox Moraine tendered what was subsequently taken as Hearing

Officer Exhibit 2, entitled “Motion of Petitioner, Fox Moraine, LLC For A Finding That Valerie

Burd Was Not A Credible Witness”. On April 24, 2009, Fox Moraine filed an amended motion

regarding the credibility of Valerie Burd. On May 7, 2009, Yorkville filed its response to the

amended motion. The motion and the response are taken under advisement and will be addressed

at a later date.

An exhibit list itemizing the offered exhibits and summarizing their status is attached to

this order. There is no Petitioner Exhibit 12 because official notice was taken of PCB 08-95 and

Briefing Schedule

A briefing schedule was discussed and agreed to subsequent the hearing. Petitioner’s

post-hearing brief is due to be filed on or before June 12, 2009. Respondent’s post-hearing brief

is due to be filed on or before July 17, 2009. Petitioner’s reply is due to be filed on or before July

31, 2009. Intervenor Kendall County’s brief and the respective

amicus curiae

Village of Plainfield and the Friends of Greater Yorkville are due to be filed on or before July 17,

2009. Public Comment is due to be filed on or before June 5, 2009.

IT IS SO ORDERED.

Bradley P. Halloran

Hearing Officer

Illinois Pollution Control Board

James R. Thompson Center, Suite 11-500

100 W. Randolph Street

Chicago, Illinois 60601

April 21, 22, 23, 2009 Hearing

Exhibit List

Hearing Officer Exhibit 1

Petitioner’s Hearing Brief/Offer of Proof

Regarding “Deliberative Process”

Hearing Officer Exhibit 2

Motion of Petitioner Fox Moraine, LLC

For a Finding That Valerie Burd was not a

Credible Witness

Intervenor Exhibit 1

Stipulation Between Fox Moraine, LLC

And the County of Kendall

Written Public Comment of George Gilson Taken with

Petitioner’s Exhibit 1

Plan Commission Meeting, Report of

Proceedings of September 25, 2006

Petitioner’s Exhibit 2

Report of Proceedings of September 26,

Petitioner’s Exhibit 3

Report of Proceedings of October 10, 2006, Admitted

Petitioner’s Exhibit 4

Report of Proceedings of October 24, 2006 Admitted

Petitioner’s Exhibit 5

Report of Proceedings of October 30, 2006 Admitted

Petitioner’s Exhibit 6

Report of Proceedings of November 13,

Petitioner’s Exhibit 7

Report of Proceedings of November 14,

Petitioner’s Exhibit 8

Report of Proceedings of November 30,

Petitioner’s Exhibit 9

Report of Proceedings of January 23, 2007

Petitioner’s Exhibit 10

Circuit Court Record for case # 07-OV-43

Petitioner’s Exhibit 11

Circuit Court Order in # 2008 L 68

Petitioner’s Exhibit 13

Newspaper Article, dated April 15, 2007

Petitioner’s Exhibit 14

April 5, 2007 Newspaper Article

Petitioner’s Exhibit 15

Campaign Disclosure of Valerie Burd

Petitioner’s Exhibit 16

Law Firm Invoice, dated June 15, 2007

Petitioner’s Exhibit 17

City Council Minutes of May 8, 2007

Petitioner’s Exhibit 18

Report of Proceedings of May 23, 2007

Petitioner’s Exhibit 19

Report of Proceedings of May 24, 2007

Petitioner’s Exhibit 20

Web page of Robyn Sutcliffe

Petitioner’s Exhibit 21

Web page of Robyn Sutcliffe, dated

January 3, 2007

Petitioner’s Exhibit 22

Web page of Robyn Sutcliffe, dated

January 9, 2007

Petitioner’s Exhibit 23

Public Hearing document, dated January

Petitioner’s Exhibit 24

Letter from Chuck Sutcliffe

Petitioner’s Exhibit 25

Ward advisor document from Robyn

Petitioner’s Exhibit 26

Newspaper article, dated November 2,

Petitioner’s Exhibit 27

Newspaper Article, dated November 7,

Petitioner’s Exhibit 28

Copy of Wally Werderich’s Palm Card

Petitioner’s Exhibit 29

First page of “Petitioner’s Response To

Motion For Attorney’s Fees”, filed in PCB

08-95, stamped September 19, 2008

Petitioner’s Exhibit 30

Notice of Filing Document regarding

“Verification in Support of Yorkville’s

Response to Motion for Attorney’s Fees”

Petitioner’s Exhibit 31

Ordinance No. 2006-117 document

Petitioner’s Exhibit 32

Police Incident Report, dated March 13,

Petitioner’s Exhibit 33

Resolution-Denial of Siting Application

Petitioner’s Exhibit 34

Resolution-Approval With Conditions of

Siting Application

Petitioner’s Exhibit 35

Resolution-Denial of Siting Application

Petitioner’s Exhibit 36

Resolution-Approval/Denial of Siting

Respondent’s Exhibit 1

Copy of Palm Card Regarding the Landfill

Respondent’s Exhibit 2

Copy of Check from Fox Moraine to

United City of Yorkville, dated November

Respondent’s Exhibit 3

Letter from Fox Moraine to Yorkville City

Clerk, dated December 1, 2006

CERTIFICATE OF SERVICE

It is hereby certified that true copies of the foregoing order was mailed, first class,

on May 21, 2009, to each of the persons on the attached service list.

It is hereby certified that a true copy of the foregoing order was hand delivered to

the following on May 21, 2009:

John T. Therriault

Illinois Pollution Control Board

James R. Thompson Center

100 W. Randolph St., Ste. 11-500

Chicago, Illinois 60601

Bradley P. Halloran

Hearing Officer

Illinois Pollution Control Board

James R. Thompson Center

100 West Randolph Street, Suite 11-500

Chicago, Illinois 60601

Ancel, Glink, Diamond, Bush & Krafthefer, P. C.

140 South Dearborn Street

Chicago, IL 60603

Charles F. Helsten

Hinshaw & Culbertson

100 Park Avenue

Rockford, IL 61105-1389

Leo P. Dombrowski

Wildman, Harrold, Allen & Dixon

225 West Wacker Drive

Chicago, IL 60606-1229

Anthony G. Hopp

Wildman, Harrold, Allen & Dixon

225 West Wacker Drive

Chicago, IL 60606-1229

Thomas I. Matyas

Wildman, Harrold, Allen & Dixon

225 West Wacker Drive

Chicago, IL 60606-1229

James B. Harvey

Buck, Hutchison & Ruttle

2455 Glenwood Avenue

Joliet, IL 60435

Mueller Anderson, P.C.

Ottawa, IL 61350

Ms Valierie Burd, Mayor

City of Yorkville

800 Game Farm Road

Yorkville, IL 60560

Michael Roth, Interim City Attorney

City of Yorkville

800 Game Farm Road

Yorkville, IL 60560

Kendall County State's Attorney

Kendall County Courthouse

807 John Street

Yorkville, IL 60560

Walsh Knippen Knight & Pollick

2150 Manchester Road

Wheaton, IL 60187-2476

James S. Harkness

Momkus McCluskey, LLC

1001 Warrenville Road

Lisle, IL 60532