BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
PEOPLE OF THE STATE OF ILLINOIS,
)
Complainant,
1
VS.
PCB No. 03-191
1
(Enforcement-Land)
COMMUNITY LANDFILL COMPANY, INC.,
)
an Illinois corporation, and
)
the CITY OF MORRIS, an Illinois
municipal corporation,
)
Respondents.
to: Ms. Clarissa
Grayson
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, #2001
(3 12)642-0434
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
(8
15)490-490 1
(8
15)94 1-4677
NOTICE OF FILING
PLEASE TAKE NOTICE that we have today, May
3
1,2007, filed with the Office of the
Clerk of the Illinois Pollution Control Board, by electronic filing, Complainant's Response to
Community Landfill Company's Motion for Reconsideration, a copy of which is attached and
herewith served upon you.
BY:
Environmental Bureau
188
W. Randolph St., 20th Flr.
Chicago, IL 60601
(312) 814-5388
- -
Electronic Filing, Received, Clerk's Office, May 31, 2007
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
PEOPLE OF THE STATE OF ILLINOIS,
)
1
Complainant,
VS.
PCB No. 03-191
(Enforcement-Land)
COMMUNITY LANDFILL COMPANY, INC.,
)
an Illinois corporation, and
the CITY OF MORRIS, an Illinois
1
municipal corporation,
)
Respondents.
)
COMPLAINANT'S RESPONSE TO COMMUNITY LANDFILL COMPANY'S
MOTION FOR RECONSIDERATION
NOW COMES Complainant, PEOPLE OF THE STATE OF ILLINOIS, and responds to
Community Landfill Company's
("CLCys") Motion for Reconsideration, as follows:
I.
INTRODUCTION
On May 17, 2007, the Board directed this matter to final hearing, stating that "...the Board
will not grant any further extensions of time on this issue."' On May 18, 2007, CLC filed its
Response
("Response") to the State's May 1,2007 Motion, and, on May 29,2007, its Motion for
Reconsideration ("Motion"). Complainant respectfully requests that the Board affirm its ruling
and reject any continued attempts by the Respondents to delay resolution of this matter.
11.
CLC PROVIDES NO BASIS FOR EITHER RECONSIDERATION OR FURTHER
.
DELAY IN HEARING
In
its Motion, CLC (as does the City of Morris) claims that there is no "imminent threat
slip op. at
3
Electronic Filing, Received, Clerk's Office, May 31, 2007
to the environmentv2.
However, the present situation at the Morris Community Landfill clearly
poses a threat. Presently:
1)
No
closure/post closure financial assurance has been provided by either
Respondent, despite the Board's February 16,2006 Order finding them in violation;
2)
Closure of Parcel B of the Landfill is more than 10 years overdue, yet neither
Respondent has indicated any willingness to initiate closure;
3)
As shown by the Exhibits attached to the State's Response to Morris' Motion to
Reconsider, methane gas exceedances are being discovered at the
andf fill;^
4)
In the pending Grundy County Circuit Court matter, the City of Morris is denying
any legal responsibility for the Landfill, or the Landfill Gas Collection and Control System,
despite the explicit conditions of 35
Ill. Adm. Code, Section 2204.
5)
The State continues to expend litigation resources to correct Landfill maintenance
problems. Trial in the Grundy County Circuit Court matter is set for. October 29-3 1,2007. The
State has alleged thirty violations related to improper landfill gas control.
The Respondents should have provided compliant
closure/post closure financial
Even if such were the
cas'e, the existence of an "imminent and substantial
endangerment" is not a requirement for proceeding to final hearing in an enforcement case. A
violation has been found, and justice requires that the violations be remedied.
3The surface methane testing was required of the Respondents pursuant to a December,
2006 Circuit Court order. Illinois EPA is not being supplied with many reports required under
the Respondents' Bureau of Land and Bureau of Air Permits. It is possible that additional
problems have not been disclosed.
4
The 220 regulations apply to "owners or operators of municipal solid waste landfills".
Morris is claiming that it is only the passive owner of land under the Landfill, not the 'owner' of
the Landfill.
An identical claim was rejected by the Board in its June 1,2006 order affirming
summary
j udgrnent.
Electronic Filing, Received, Clerk's Office, May 31, 2007
assurance following the Board's 2006 determination of violation. Instead, they continue their
attempts to delay the Board's Final Order. The deteriorating situation at the Landfill, as well as
the continuing violations, require immediate attention. Hearing on the sole issue of remedy must
be conducted at the earliest possible date.
WHEREFORE, Complainant respectfully requests that the Board:
1)
Deny Community Landfill Company's Motion for Reconsideration;
2)
Order the Hearing Officer to establish a date for hearing on the issue of remedy
against the Respondents;
3)
Provide such other relief as the Board deems appropriate and just.
RESPECTFULLY SUBMITTED,
PEOPLE OF THE STATE OF ILLINOIS,
LISA
MADIGAN, Attorney
Assistant Attorneys General
Illinois Attorney General's Office
Environmental Bureau
69 W. Washington Street, Suite 1800
Chicago, Illinois 60601
(312) 814-5388
(3 12) 8 14-0609
3
Electronic Filing, Received, Clerk's Office, May 31, 2007
BEFORE THE JLLINOIS POLLUTION CONTROL BOARD
PEOPLE OF THE STATE OF ILLINOIS,
)
Complainant,
1
)
VS.
)
PCB No. 03-191
)
(Enforcement-Land)
COMMUNITY LANDFILL COMPANY, INC.,
)
an Illinois corporation, and
the CITY OF MORRIS, an Illinois
1
municipal corporation,
1
Respondents.
CERTIFICATE OF SERVICE
I, CHRISTOPHER GRANT, an attorney, do certify that I caused to be served this 3 1 st
day of May, 2007, the foregoing Response to Community Landfill Company's Motion for
Reconsideration, and Notice of Filing, upon the persons listed on said Notice by facsimile
transmission, and 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 31, 2007