ILLINOIS POLLUTION CONTROL BOARD

HEARING OFFICER ORDER

October 3, 2006

PEOPLE OF THE STATE OF ILLINOIS,

Complainant,

COMMUNITY LANDFILL COMPANY,

INC., and CITY OF MORRIS, an Illinois

municipal corporation,

HEARING OFFICER ORDER

On February 16, 2006, the Board granted complainant’s motion for summary

judgment and directed that this matter proceed to hearing on the issue of remedy. One of

the issues involved the respondents’ failure to comply with the financial assurance

requirements. Both City of Morris (Morris) and Community Landfill Company Inc.

(CLC) filed respective motions for reconsideration. On June 1, 2006, the Board affirmed

its order of February 16, 2006, granting complainant’s motion for summary judgment and

again directed that this matter proceed to hearing on the issue of remedy.

On September 22, 2006, respondent CLC filed a motion to cancel the hearing

previously scheduled for October 24, 25, 26, and 27, 2006. On September 27, 2006, the

complainant filed a response objecting to CLC’s motion to cancel the hearing. On

September 28, 2006, respondent City of Morris (Morris) filed its response to both CLC’s

motion to cancel the hearing and complainant’s response in opposition. A telephonic

status conference was held on September 28, 2006, where oral arguments were

entertained. After considering the oral responses and reading the written motions and

responses, the hearing officer orally notified the parties on September 28, 2006, that

CLC’s motion to cancel the scheduled hearing was granted. Today’s order grants the

motion and cancels the hearing.

CLC Motion To Cancel Hearing

CLC represents in its motion that Edward Pruim, the secretary and treasurer of

CLC, underwent emergency quintuple bypass surgery that was complicated by the

presence of an aortic aneurism. Edward Pruim was hospitalized from August 26, 2006 to

September 9, 2006. Edward Pruim was readmitted to the hospital on September 11,

2006, with a blood clot on his lung. Pruim was released on September 17, 2006. Finally,

CLC represents that Edward Pruim is recovering at his home and is receiving continued

treatment for the blood clot and heart condition.

CLC’s attachments to its motion include an affidavit from CLC’c attorney and

letters from Dr. Daniel Rowan, Edward Pruim’s cardiologist and Dr. Timothy Wollner,

Edward Pruim’s family physician. Both physicians state that Edward Pruim should not

undergo any stressful work-related activities for at least five to six months. The

prohibited activities would include any participation by way of testimony or preparation

for the hearing. Finally, both physicians recommend that Edward Pruim’s physical

condition be reviewed again in March 2007, to ascertain whether he can partake in a

hearing.

Complainant’s Response In Opposition

Complainant argues that CLC’s motion to cancel the hearing should be denied

because Edward Pruim is not a party to this matter, and has no involvement in the

prosecution of this matter. Complainant represents that Edward Pruim has yet to be

disclosed as a witness and that CLC’s claim that Edward Pruim testimony is necessary is

a revelation. Finally, complainant argues that Edward Pruim’s brother, who is the

president of CLC and has been disclosed as a witness, would be able to provide all the

necessary assistance to CLC. Complainant continues and states that since the financial

assurance documents for the landfill reveal that financial assurance was arranged by R.

Michael McDermont, Mark A. LaRose and Robert Pruim, Edward Pruim’s testimony is

not necessary.

Morris’ Response To CLC’s Motion To Cancel And To Complainant’s

Response

Morris argues that it would be prejudiced if the hearing is not canceled and

continued until such time as Edward Pruim can be compelled to testify. Morris argues

that since Edward Pruim is the treasurer and chief financial officer of CLC, and since

post-closure matters relate to financial issues at issue here, it is essential that Morris be

allowed to question Edward Pruim. On October 2, 2006, Morris filed a witness list

pursuant to the August 17, 2006 hearing officer order. Edward Pruim is listed as one of

the witnesses. Finally, Morris represents that preliminary closure activities have been

initiated at the site and represents, as reflected in the attached deposition of expert

witness Devin Moose, that based upon the current status of activities at the site, no

eminent or substantial threat to the human health and environment is posed by the site in

question.

Discussion

After reviewing the motion to cancel, the respective responses and taking the oral

arguments into consideration, I find good cause to grant CLC’s motion to cancel the

hearing scheduled for October 24, 25, 26, and 27, 2006. Due to the issues that need to be

addressed at hearing on the issue of remedy, it appears imperative that Edward Pruim, as

a financial officer of CLC, be present at the hearing and available to testify.

Additionally, I find that CLC’s request to cancel was not the result of CLC’s lack of

diligence.

Telephonic Status Conference

The parties or their legal representatives are directed to participate in a

telephonic status conference with the hearing officer on December 7, 2006, at 11:00 a.m.

Please note the time change. The telephonic status conference must be initiated by the

complainant, but each party is nonetheless responsible for its own appearance. At the

status conference, the parties must be prepared to discuss the status of the above-

Illinois Pollution Control Board

James R. Thompson Center, Suite 11-500

100 W. Randolph Street

Chicago, Illinois 60601

312.814.8917

CERTIFICATE OF SERVICE

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

class, on October 3, 2006, 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 October 3, 2006:

Dorothy M. Gunn

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

Rockford, IL 61105-1389

PCB 2003-191

Clarissa C. Grayson

LaRose & Bosco, Ltd.

200 North LaSalle Street

Suite 2810

Chicago, IL 60601

200 North LaSalle Street

Office of the Attorney

General

Environmental Bureau

188 West Randolph, 20th

Office of the Attorney General

ental Bureau

188 West Randolph, 20th Floor

Chicago, IL 60601

PCB 2003-191

Scott M. Belt

Scott M. Belt & Associates,