ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, MARCH 6, 2006
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
PEOPLE OF THE STATE OF ILLINOIS,
Complainant,
vs .
PCB No . 03-191
(Enforcement-Land)
COMMUNITY LANDFILL COMPANY, INC .,
an Illinois corporation, and
the CITY OF MORRIS,
an Illinois
municipal corporation,
Respondents .
)
NOTICE OF FILING
PLEASE TAKE NOTICE that we have today, March 6, 2006, filed
with the Office of the Clerk of the Illinois Pollution Control
Board, by electronic filing, complainant's Motion to Set
Expedited Hearing Date, a copy of which is attached and herewith
served upon you .
BY :
Respectfully submitted,
PEOPLE OF THE STATE OF ILLINOIS
ex rel . LISA MADIGAN
Attorney General
the
St t of Illinois
C
GRANT
A sistant Attorneys General
Environmental Bureau
188 W . Randolph St ., 20th Flr .
Chicago, IL 60601
(312) 814-5388 '
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, MARCH 6, 2006
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
PEOPLE OF THE STATE OF ILLINOIS,
Complainant,
vs .
COMMUNITY LANDFILL COMPANY, INC .,
an Illinois corporation, and
the CITY OF MORRIS, an Illinois
municipal corporation,
PCB No . 03-191
(Enforcement-Land)
Respondents .
MOTION TO SET EXPEDITED HEARING DATE
NOW COMES Complainant, PEOPLE OF THE STATE OF ILLINOIS, by
LISA MADIGAN, Attorney General of the State of Illinois, and
hereby moves the Hearing Officer to set April 10-14, 2006 as the
dates for hearing on remedy in this Matter
. Complainant requests
that the Hearing Officer discuss and rule on this Motion at the
scheduled status on March 9, 2006 . In support of its request,
Complainant states as follows :
1 .
On July 21, 2005 . Complainant filed its Motion for
Summary Judgment ("Motion") . Partially because of cross-motions,
and extensions granted for briefs and responses, the Board did
not issue its decision on Complainant's Motion until February 16,
2006 .
2 .
In its Motion, Complainant had sought both a finding of
violation and interim relief, inter alia, in the form of an order
stopping disposal of materials at the Morris Community Landfill
until such time that compliant closure/post closure financial
assurance had been provided . Although the Board has now found
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, MARCH 6, 2006
that the Respondents have violated the Act and Board regulations,
as alleged in the Complaint, the Board denied Complainant's
request for interim relief . The Board stated that it would
"consider factors such as the duration of violations . . ." in a
remedy analysis following hearing (February 16, 2006 Board Order,
p . 13) .
3 .' Complainant believes that the Board should address
these factors, and grant such relief as it deems appropriate, as
soon as possible . In essence, the Board has now determined that
the Respondents have illegally conducted waste disposal
operations in violation of Section 21(d)(2), and 35 I11 .' Adm
.
Code Sections 811 .700(f), and 811 .712(b) . However the Board
declined to stop this illegal waste disposal until after hearing
on issues such as continued violations, and the Section 33(c) and
42(h) factors . A hearing on remedy is not scheduled at this
point .
4 .
It is contrary to the law, and sound environmental
policy, to allow
illegal waste disposal operations any longer
than absolutely necessary
. It is imperative that the parties
complete the hearing process as soon as possible, and thus
provide the Board with the requested information . Complainant
therefore requests that the Hearing Officer set an expedited date
for hearing on remedy .
5 .
Two of the parties in this matter are already committed .
to appear for hearing in Grundy County on April 10 through April
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, MARCH 6, 2006
14, 2006, in the case People v Community Landfill Company, et al,
PCB 97-193/PCB 04-207 . However, in that matter the Respondents'
Motion for Summary Judgement is pending before the Board, and
resolution of Respondents' Motion may delay the scheduled
hearing . Complainant therefore requests that hearing on remedy
in this matter be scheduled for these dates, and that hearing on
the related CLC case be rescheduled .
WHEREFORE, Complainant respectfully requests that the
Hearing officer recognize the urgency of coming to final decision
on this matter, and set the date for a hearing on remedy for
April 10-14, 2006 .
RESPECTFULLY SUBMITTED,
BY :
GRANT
istant Attorney General
Environmental Bureau
1B8 W . Randolph St ., 20th Flr .
Chicago, Illinois 60601
(312) 814-5388
Service List
Mr . Mark La Rose
La Rose & Bosco
200 N . La Salle Street, #2810
Chicago, IL 60601
fax : (312)642-0434
Mr . Charles Helsten
Mr . Richard Porter
Hinshaw & Culbertson
100 Park Avenue
Rockford IL 61105-1389
fax : (815)963-9989
ELECTRONIC FILING, RECEIVED, CLERKS OFFICE, MARCH 6, 2006
CERTIFICATEOFSERVICE .
I, CHRISTOPHER GRANT, an attorney, do certify that I caused
to be served this 6t' day of March, 2006, the foregoing Motion to
Set Expedited Hearing Date, and Notice of Filing, upon the
persons listed below, by facsimile transmission, and by placing
same in an envelope bearing sufficient postage with the United
States Postal Service located at 100 W
. Randolph, C icago
Illinois .
CHRISTOPHER GRANT
Mr . Bradley P
. Halloran
Hearing Officer
Illinois Pollution
Control Board
100 W . Randolph Street
Chicago IL 60601
Mr
. Scott M . Belt
105 E
. Main Street
Suite 206
Morris IL 60450
fax : (815) 941-4677
