BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
PEOPLE OF THE STATE OF ILLINOIS,
)
)
Complainant,
)
1
VS.
1
PCB No. 03-191
1
(Enforcement-Land)
COMMUNITY LANDFILL COMPANY, INC.,
)
an Illinois corporation, and
)
the CITY OF MORRIS, an Illinois
)
municipal corporation,
1
1
Respondents.
)
to: Mr. Mark La Rose
Mr. Bradley P.
Halloran
La Rose
&
Bosco
Hearing Officer
200 N. La Salle Street,
#2810
Illinois Pollution Control Board
Chicago, Illinois 60601
100
W. Randolph,
Chicago, IL 60601
Mr. Charles Helsten
Mr. Scott Belt
Hinshaw
&
Culbertson
105 East Main Street
100 Park Avenue
Suite 206
Rockford IL 61 105-1389
Morris, Illinois 60450
NOTICE OF FILING
PLEASE TAKE NOTICE that we have today, May 1,2007, filed with the Office of the
Clerk of the Illinois Pollution Control Board, by electronic filing, Complainant's Renewed
Motion to Set Hearing Date or Alternatively for Severance of Claims, a copy of which is attached
and herewith served upon you.
BY:
L~
Assistant
STOPHER
Attorneys
GRANT
General
Environmental Bureau
188
W. Randolph St., 2oth Flr.
Chicago, IL 60601
(312) 814-5388
Electronic Filing, Received, Clerk's Office, May 1, 2007
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
PEOPLE OF THE STATE OF ILLINOIS,
)
Complainant,
VS.
1
PCB No. 03-191
(Enforcement-Land)
COMMUNITY LANDFILL COMPANY,
INC.,
)
an Illinois corporation, and
the CITY OF MORRIS, an Illinois
municipal corporation,
1
1
Respondents.
)
COMPLAINANT'S RENEWED MOTION TO SET HEARING DATE OR
ALTERNATIVELY FOR SEVERANCE OF CLAIMS
NOW COMES Complainant, PEOPLE OF THE STATE OF ILLINOIS, and renews its
request, first made through Motion on February 9,2007, that the Illinois Pollution
ControI Board
("Board") set a date for hearing on remedy in this matter.
In the alternative, Complainant
request that the Board order severance of Complainant's claims against Respondent, CITY OF
MORRIS ("Moms") from its claims against Respondent, COMMUNITY LANDFILL
COMPANY ("CLC") in order that hearing may go forward against Respondent Morris without
further delay.
I.
RENEWAL OF MOTION
On February 9, 2007, the State of Illinois filed its Motion to Set Hearing Date, or
Alternatively for Severance of Claims. On March 15,2007, the Board denied the State's
Motion, but granted the State leave to renew its request if a hearing date was not established at
the scheduled April status hearing.
On April 13,2007, Respondent CLC filed a letter from Mr. Edward
Pruim's physician,
1
Electronic Filing, Received, Clerk's Office, May 1, 2007
stating that, in his opinion, Mr. Pruim had not recovered from his heart surgery and that
participating in a hearing would threaten his health. Aside from dates, the letter, is identical to
that filed on January 3 1,2007 (letters attached as Exhibit
A-1 and A-2). At the April 19,2006
status, the Respondents restated their positions regarding the necessity of Mr. Pruim's testimony
and opposed setting a hearing date. The State now renews its February 9,2007 Motion, which it
incorporates by reference herein.
11.
DELAY IN HEARING IS PREVENTING EFFECTIVE ENFORCEMENT
Neither Respondent has provided compliant closure-post closure financial assurance
since 2000. The State filed its case in 2003, and moved for summary judgment in July 2005.
Approximately 14 months ago, the Board granted summary judgment on liability against both
Respondents,
Beginning on March 6, 2006, when it filed its Motion for an Expedited Hearing, the State
has continued its efforts to complete this case and obtain a court-enforceable final order.
Although the State also seeks penalties and attorney fees, the critical element in this case is the
lack of
ANY
assurance that the Landfill will be properly closed and maintained by either
Respondent.
Closure clearly needs to be initiated- Permit No. 2000-LFM-156 was issued on August 4,
2000 for development and closure of Parcel B. Also, CLC has admitted that waste was last
accepted in Parcel B in 1996
(
Exhibit B). Pursuant to 35 Ill. Adm. Code 8 1 1.1 10 (e) and
(f),
closure of Parcel B should have been completed within 210 days after the last receipt of waste.
Closure of Parcel B is now approximately 10 vears overdue. At a minimum, the Respondents
must be compelled to provide financial assurance for closure as soon as possible. The ongoing
Electronic Filing, Received, Clerk's Office, May 1, 2007
and indefinite delay prevents the Board, and Complainant, from remedying a very significant
violation.
111.
SEVERANCE WILL NOT COMPLICATE FINAL RESOLUTION OF THIS
MATTER
One option available to the Board is severance of this case for determination of remedy.
The Board could order hearing against the City of Morris on an expedited basis, and consolidate
hearing on remedy against CLC with the now-delayed hearing in People
v. Community Landfill
Co., Robert Pruim, and Edward Pruim, PCB 97-193104-208 (consolidated). There would be no
need for an additional hearing. Any claimed inconvenience on the part of the Respondents
should be balanced against the ongoing prejudice to the State.
*
WHEREFORE, Complainant respectfully requests that the Board:
1)
Order the Hearing Officer to establish a date for hearing on the issue of remedy
against the Respondents;
2)
In the alternative, order this case to be severed for hearing on remedy against each
Respondent, and order the Hearing Officer to establish a date for hearing on the issue of remedy
against the City of Morris;
3)
Provide such other relief as the Board deems appropriate and just.
Electronic Filing, Received, Clerk's Office, May 1, 2007
RESPECTFULLY SUBMITTED,
PEOPLE OF THE STATE OF ILLINOIS,
LISA
MADIGAN,
BY:
y
&stopher Grant
~enni
fer '~ornas
Assistant Attorneys General
Environmental Bureau
69 W. Washington, #I800
Chicago, Illinois 60601
(312) 814-5388
(3 12) 8 14-0609
Electronic Filing, Received, Clerk's Office, May 1, 2007
RECEIVED
CLERK'S OFFICE
January
30,2007
. .
MB.
Clari~~a
Cutler
Grayeon
LaRose
&
Bosco, Ltd.
200 N.
LaSalle Streat,
Suite 2810
Chicago, IL 60602
Re:
Edward Pruim
Dear
Ms,
Grayon:
I
am
a cardiovwculax physician and
.have
praoticed medicine for 20 years, I have treated Edward
Piuim for 'approximately tha last five months
and am
very familiar with his medical history and
his current condition,
Mr. Pruirn recently underwent
arnergency
quintuple bypass surgety, which wae complicated by
the presence of an aortic aneurysm. Mr, Pmim
was
hospitalized fi-om
August
26.
-
September 9,
2006 in both
Palos
Cornmunity Hoepital and Christ Hospital, I performed an
a~giogram/and
examined him numerous
times
during
this
hoepitalization. Mr, Pruim
was
readmitted to
t]hrist
Hospital
on
September 11,2006 with a blood clot on his
lung.
Aficr receiving treatment for this
condition, he
was
releasgd
on September 17,2006.
I
have
treated Mr,
Prvim
regularly since his quintuple bypass.
surgery.
I recently
examined
Mr.
.
Pmim on
January
4,2007. Based on this recent examination, in my profesaional opinion, Mr,
Pruim
has still not fully recovered eom the quintuple bypass
surgory and
the blood clot in his
lung and
ie cutrently
unable
to
prepare for
or
participate
in any legal mdters, It is further
my
opinion that the
stress
that'he would undergo at this
time
in order to prepare for, testify in or
ittend
legal
proceedings could
hsve
serious and
adverse
effects
on his health as welt as have a
negdive impact on.his future recovery,
Iu
summary,
I &isi you that in
my
opinion Mr.
Pruim
continues to be physioally unable
ta-
'
either prepare for or participate in legal proceedings at
this
time, I recolnrnelld that his ability to
do so
again
be evaluated in several months.
Thank
you, If you have
any
fiuther questions for me, please do not heditate to contact me.
"**-
ye
~a
,
c
EXHIBIT
Daniel
A.
Rowan,
D,O,, FACP,
FACC
WICIANS PAVILION
-
2850
Wut
95th
Srreec,
Suite
305
@
EVERGREEN PARK, Ulinois
60805-2735
LCM
DIAGNOSTIC
CENTER
-
12432 South
Harlem
A~uc
PALOs HEIGHTS,
1llir;bls 60463-1426
.
Tdcphone
(708)
425-7272
-
Fax
(708)
422-6273
Electronic Filing, Received, Clerk's Office, May 1, 2007
i
9
c
9
e
, Aprll 13, 2007
Cardiovascular Consu/tants,
THOMAS J. QUINN, M.D., FA
CC,
FA C
P.
JOSEPH W. MULARCZYK,
M
a.
FAC c
DANIELA ROWAN, DO, FACC, b't.CR FSCAL
EVANS
P.
PAPPAS,
M.D.
FA CC
April 5,2007
CHRISMPHER J. SULUVAN, M
D.
FA CC
Ms. Clarissa Cutler Grayson
LaRose
&
Bosco, Ltd.
200
N. LaSalle Street, Suite 2810
Chicago,
IL
60602
Re:
Edward Pruim
Dear Ms. Grayson:
I am a cardiovascular physician and have practiced medicine for 20 years. I have treated Edward
Pruim for approximately the last seven (7) months and am very familiar with his medical history
and his current condition.
Mr. Pruim recently underwent emergency quintuple bypass surgery, which was complicated by
the-presence
,.,I, . , .
of ama~rtic;
aneurysm, Mr. Pruim was hospitalized from August 26
-
September 9,
2006'in both ~a~od
Community Hospital and Christ Hospital. I performed an angiogram and
examined him numerous times during this hospitalization.
Mr. Pruim was readmitted to Christ
.Hospital on September 11,2006 with a blood clot on his lung. After receiving treatment for this
condition, he was released on September 17,2006.
I have treated Mr. Pruim regularly since his quintuple bypass surgery. I recently examined Mr.
Pruim on March 29,2007. Based on this recent examination, in my professional opinion, Mr.
Pruim has still not fully recovered fiom the quintuple bypass surgery and the blood clot in his
lung and is currently unable to prepare for or participate
in any legal matters. It is further my
opinion that the stress that he would undergo at this time in order to prepare for, testify in or
attend legal proceedings could have serious and adverse effects on his health as well as have
a
negative impact on his future recovery.
In summary, I advise you that in my opinion Mr. Pruim continues to be physically unable to
either prepare for or participate in legal proceedings at this time.
I recommend that his ability to
do so again be evaluated in several months.
Thank you. If you have any further questions for me, please do not hesitate to contact me.
I
;
I,,
2.
-
,
.
dl',
fi:./e&c~;.,,.:
*- --
L.
,(
- . ,
.
EXHIBIT
D.u~+A..
+
,
owan,
D.o.,
FAcP, FAcc
. .. . ,
-
. .
CP;(
'
PHYSICIANS ~AVILION
-
2850
West
95th Street, Suite 305 EVERGREEN PARK, Illinois 6C@05-2735
LCM DIAGNOSTIC CENTER
-
12432 South Harlem Avenue PALOS HEIGm, Illinois 60463-1426
Xlephonc (708) 425-7272
-
Fax
(708) 422-6273
Electronic Filing, Received, Clerk's Office, May 1, 2007
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
PEOPLE OF THE STATE OF ILLINOIS,
)
Complainant,
1
V.
PCB NO. 03-191
(Enforcement)
COMMUNITY LANDFILL COMPANY, INC., an
)
Illinois corporation, and the CITY OF MORRIS,
)
an Illinois municipal corporation,
1
1
Respondents.
)
RESPONDENT COMMUNITY LANDFILL
COMPANY INC'S RESPONSE TO COMPLAINANT'S SECOND SET OF
INTERROGATORIES AND REQUEST FOR THE PRODUCTION OF DOCUMENTS
NOW COMES Respondent Community Landfill Company, Inc., ("CLC" or
"Respondent"), by and through its attorneys
LaRose
&
Bosco, Ltd., and in response to
Complainant's Second Set of Interrogatories and Request for the Production of Documents as
follows:
INTERROGATORIES
Interrogatory No.
19
For each calendar year from 2000 to the present, state the amount of Waste, in Cubic
yards and tons, brought to and deposited in parcel A of the landfill. For the year 2005, state
year-to-date volume and weight, and specify the last applicable date. If no information is
available by parcel, state the total amount of Waste deposited in the landfill.
ANSWER:
No "waste" has been deposited, disposed or dumped in Parcel A after permit nos. 2000-
438, 2001-012 and 2001-051 were denied and further relief subsequently denied by the Illinois
Pollution Control Board, the Third District Appellate Court of Illinois, and the Illinois Supreme
Court. However, CLC has continued to accept contaminated soil at Parcel
A to be used as cover.
EXHIBIT
1
Electronic Filing, Received, Clerk's Office, May 1, 2007
t
2000 191,462
2001 164,620
2002 87,869
2003 21,890
2004 41,117
2005 25,230 (through Nov. 2005)
Interrogatory No. 20
For each calendar year from 2000 to the present, state the amount of Waste, in cubic
yards and tons, brought to and deposited in parcel
B of the landfill. For the year 2005, state year-
to-date volume and weight, and specify the last applicable date.
ANSWER:
Zero (0). Material was last accepted at Parcel B in 1996.
Interro~atory No. 21
For each calendar year from 2000 to the present, state the total sum, in dollars, paid to
Respondent CLC by any
person(s) for disposal, deposit, or dumping of Waste at the landfill.
ANSWER:
No material has been placed in Parcel B since 1996. No "waste" has been deposited,
disposed or dumped
in Parcel A after permit nos. 2000-438,2001-012 and 2001-051 were denied
and further relief subsequently denied by the Illinois Pollution Control Board, the Third District
Appellate Court of Illinois and the Illinois Supreme Court. However, CLC has continued to
accept contaminated soil at Parcel A to be used as cover.
2
Electronic Filing, Received, Clerk's Office, May 1, 2007
LAROSE&BOSCO
M
003/003
0~/01/2006 17:13
FAX
3126420434
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Electronic Filing, Received, Clerk's Office, May 1, 2007
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
1
the CITY OF MORRIS,
an
Illinois
)
municipal corporation,
1
)
Respondents.
)
CERTIFICATE OF SERVICE
I, CHRISTOPHER GRANT,
an
attorney, do certify that I caused to be served this 1" day
of May, 2007, the foregoing Renewed Motion to Set Hearing Date or Alternatively for Severance
of Claims, and Notice of Filing, upon the persons listed on said Notice by placing same in an
envelope bearing sufficient postage with the United States Postal Service located at 100
W.
Randolph, Chicago Illinois.
CHRISTOPHER GRANT
Electronic Filing, Received, Clerk's Office, May 1, 2007