NOTICE OF FILING
not condone this type of misconduct.
AFFlDA VIT OF SERVICE

ILLINOIS POLLUTION CONTROL BOARD

PEOPLE OF TIlE STATE OF ILLINOIS,

rei.

LISA MADIGAN, Attorney General of the

State of lllinois,

Plaintiff,

COMMUNITY LANDFILL CO., an lllinois

Corporation, and

the CITY OF MORRIS, an

Illinois Municipal Corporation,

Defendants.

)

PCB 03-191

(Enforcement - Land)

NOTICE OF FILING

TO: SEE ATTACHED SERVICE LIST

PLEASE TAKE NOTICE that on June 16,2009, we electronically filed with the Clerk of

the illinois Pollution Control Board, Supplemental Motion to Strike Complainant's "Request" for

a Final Order, a copy of which is attached hereto and hereby served upon you.

Dated:

June 16, 2009

Charles F. Helsten

Richard

S. Porter

Hinshaw

Culbertson LLP

\00

Park Avenue

P.O. Box 1389

Rockford, IL 61105-1389

815-490-4900

Scott

M. Belt

Associates, P.C.

105 East Main Street #206

Morris, IL 60450

(815) 941-4675

Respectfully submitted,

On behalf of the CITY OF MORRIS

lsi

Charles F. Helsten

One of Its Attorneys

Electronic Filing - Received, Clerk's Office, June 16, 2009

BEFORE THE ILLINOIS POLLUTION CONTROL BOARD

PEOPLE OF THE STATE OF ILLINOIS,

)

Complainant,

)

PCB No. 03-191

COMMUNITY

LANDFILL COMPANY, INC., )

minois Corporation, and the CITY OF

)

MORRIS,

minoi. municipal corporation,

)

Respoodents.

SUPPLEMENTAL MOTION TO STRIKE COMPLAINANT'S

"REQUEST" FOR A FINAL ORDER

NOW COMES the Respondent, CITY OF MORRIS, by and through its attorneys,

HINSHAW

CULBERTSON LLP, and brings this Supplemental Motion to Strike

Complainant's ''Request for

a Final Order" as made without legal authority, and in support

thereof states as follows:

00 June 3, 2009, Complainant filed a ''Request for a Final Order" seelcing

expedite this Board's:final decision

the above-referenced case.

This Board's procedural rules state that it "may entertain any motion the parties

wiah to file that is permissible noder the [Environmenta! Protection] Act

or other applicable law,

these rules.

or the illinois Code of Civil Procedure." 35 m.Adm. Code § 101.500(.). (Emphasis

added).

There is no provision in the Act, Board rules, Illinois

Code of Civil Procedure, or

other applicable law for a "Request for Final Order." Tellingly, Complainant did not label its

pleading

a "motion."

is for this Board to decide when it will rule on particular matters, not the parties

before the Board.

70604101v2 806289 52944

Electronic Filing - Received, Clerk's Office, June 16, 2009

Complainant cites no authority for its '"Request," and, as such. Respondent CITY

OF MORRIS moves that the "Request" be stricken as having no legal basis.

Additionally, the State is attempting to introduce additional evidence in this

matter, which is not subject to cross-examination, after the close of proofs in an inappropriate

and arguably unethical effort to influence the Board's decision On this matter. The Board should

not condone this type of misconduct.

Should this Board determine it does have the authority to entertain Complainant's

''Request for Final Order," Respondent CITY OF MORRIS requests the opportunity to respond

to such pleading, inasmuch as Complainant's "Request" and exhibits attached thereto contain

significant misrepresentations, and inaccuracies, and are pretextual

in nature.

WHEREFORE, Respondent CITY OF MORRIS respectfully requests that this Board

strike Complainant's ''Request fur Final Order", and for such other relief

as is appropriate.

Dated:

June

16, 2009

Charles F. Helsten

Michael

F. Jasparro

Hinshaw

Culbertson LLP

100 Park Avenue

P.O. Box 1389

Rockford, IL 61105-1389

815-490-4900

HINSHAW

CULBERTSON LLP

On behalf of Respondent CITY OF MORRIS

Is!

Charles F. Helsten

One

of Its Attorneys

70604101vl 806289 52944

Electronic Filing - Received, Clerk's Office, June 16, 2009

AFFlDA VIT OF SERVICE

lbe undersigned, pursuant to the provisions of Section 1-109 of the Dlinois Code of Civil

Procedure, hereby under

penalty of pOljury under the laws of the United States of America,

certifies that on June 16, 2009, she caused to be served a copy of the foregoing upon:

Mr. Christopher Graot

Assistant Attorney General

Environmental Bureau

69 W. Washington St., Suite 1800

Chic.gn,

60602

Mr. Joho T. Therriault, Assistaot Clerk

Ulinois Pollution Control Board

100 W. R&1dolph, Suite 11-500

Chicago,

60601

(via electronic

filing)

Mr. Scott Belt

Scott M. Selt

Associates, P.C.

105

East Main Street

Suite

206

Morris,

60450

Via E-Mail.

HINSHAW

CULBERTSON

100 Park Aveoue

P.O. Sox 1389

Rockford, IL 61105-\389

(815) 490-4900

Mark LaRose

LaRose

Bosco, Ltd,

200 N. LaSalle, Snite 2810

Chicago,

60601

Bradley Halloran

Hearing Officer

Illinois Pollution

Control Board

100 W. Randolph, Suite 11-500

Chicago,

60601

Clarissa Y. Cutler

Attorney at Law

155 N. Michigan Ave., Suite 375

Chicago,

60601

7()41S200vI8062S9

Electronic Filing - Received, Clerk's Office, June 16, 2009