4
ILLINOIS POLLUTION CONTROL BOARD
March 5, 2008
PEOPLE OF THE STATE OF ILLINOIS,
)
)
Complainant,
)
)
v.
) PCB 04-207
)
(Enforcement – Land)
EDWARD PRUIM and ROBERT PRUIM,
)
)
)
Respondents.
)
_______________________________________
PEOPLE OF THE STATE OF ILLINOIS,
)
)
Complainant,
)
)
v.
) PCB 97-193
)
(Enforcement – Land)
COMMUNITY LANDFILL COMPANY,
) (Consolidated)
INC.,
)
)
Respondent.
)
HEARING OFFICER ORDER
On February 19, 2008, the respondents filed a motion for an extension of time to
file its’ motion to cancel hearing. Respondent’s motion represents that the complainant’s
have no objection. The respondents’ motion is granted.
On February 21, 2008, the respondents filed its motion to cancel the hearing
previously scheduled for April 7 through April 10, 2008. On February 25, 2008, the
complainant’s filed their response in opposition. On February 26, 2008, the respondent
filed a motion for leave to file a reply and its reply. Respondents’ motion for leave to
file a reply is granted.
Motion to Cancel the Hearing
Respondents properly note that the hearing in the above-captioned matter was
previously scheduled for April 7 through April 10, 2008. The respondents represent that
this is the second request by them to cancel the hearing. The first request was on
September 22, 2006. That request was granted on October 17, 2007, due to respondent
Edward Pruim’s quintuple bypass surgery that was complicated by the presence of an
aortic aneurism.
4
Respondents’ primary attorney, Clarissa C. Grayson, represents in her motion and
its attached affidavit that on January 17, 2008, she slipped on ice and fell, landing on her
left elbow. Surgery required an insertion of wire into her left elbow and necessitates
occupational therapy. Grayson further represents that she has been unable to use her left
arm, including driving and work activities. Also attached to the motion is an affidavit by
Grayson’s orthopedic surgeon, Dr. Brian Hartigan. Hartigan’s representation mirrors
Grayson’s, and that in his opinion, Grayson is unable to participate in the scheduled
hearing as she will not be able to use her left hand in order to prepare and participate. He
further opines that Grayson should be able to participate in a hearing by July 2008.
Complainant’s Response In Opposition
Complainant argues that Grayson’s injury is not sufficient reason to cancel the
hearing, and that co-counsel, Mark LaRose, could proceed with the hearing.
Complainant states that Larose has been actively involved with the above-captioned
matter from the initial filing, and that he was co-counsel with Grayson in a related case,
People v. Community Landfill and City of Morris, PCB 03-191. A hearing was held in
that matter in September 2007.
Complainant further states that due to various scheduling conflicts such as a
wedding and vacation schedules in May through early August 2008, scheduling a hearing
in July 2008 would be difficult if not impossible. Complainant argues prejudice resulting
to the Board and the complainant outweighs any inconvenience to the respondents.
Respondents Reply
Respondents argue that pursuant to Section 101.510 of the Board’s procedural
rules, it is not required to demonstrate prejudice as the motion to cancel was filed more
than 10 days before the scheduled hearing. Moreover, the motion was not brought due to
lack of due diligence, but an accident. Finally, respondents take issue with complainant’s
argument that LaRose should be able to proceed when complainant in its Response states
that the two attorneys representing the People each have scheduling conflicts in May and
June due to a wedding involving one attorney and in July and August due to a planned
vacation for the other.
Ruling
I find that the respondent has put forth sufficient cause in its motion to cancel the
hearing. Grayson has been intimately involved in the above-captioned proceedings,
while LaRose has not appeared at a telephonic status conference since at least 2005.
Fairness requires that Grayson partake in the hearing. I agree with the complainant that
this matter has been long delayed for one reason or another. For that reason, I direct that
all attorneys who have filed appearances in this matter, including Clarissa Grayson, Mark
LaRose, Christopher Grant and Jennifer Tomas be available and ready to proceed with
4
the next scheduled hearing should an event like this arise again. Respondents’ motion to
cancel the hearing scheduled for April 7 through April 10, 2008, is granted.
The parties or their legal representatives are directed to appear at a telephonic
status conference with the hearing officer on March 5, 2008, at 10:00 a.m. The
telephonic conference must be initiated by the complainant, but each party is nonetheless
responsible for its own appearance. At the conference, the parties must be prepared to
discuss the status of the above-captioned matter and potential hearing dates.
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
312.814.8917
4
CERTIFICATE OF SERVICE
It is hereby certified that true copies of the foregoing order were mailed, first
class, on March 6, 2008, 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 March 6, 2008:
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
100 W. Randolph Street, Suite 11-500
Chicago, Illinois 60601
(312) 814-8917
t
l
PCB 2004-207
Clarissa C. Grayson
LaRose & Bosco, Ltd.
200 North LaSalle Street
Suite 2810
Chicago, IL 60601
PCB 2004-207
Christopher J. Grant
Office of the Attorney General
Environmental Bureau
500 South Second Stree
Springfield, IL 62706
PCB 2004-207
Jennifer A. Tomas
Office of the Attorney General
Environmental Bureau
500 South Second Street
Springfield, IL 62706
PCB 2004-207
Robert Pruim
Community Landfill Company
c/o Morris Community Landfil
1501 Ashley Road
Morris, IL 60450
PCB 2004-207
Edward Pruim
Community Landfill Company
c/o Morris Community Landfill
1501 Ashley Road
Morris, IL 60450
