1. CERTIFICATE OF SERVICE
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,
)
)
Respondents.
)
PCB No. 03-191
(Enforcement)
RESPONDENT COMMUNITY LANDFILL COMPANY INC.'S SUPPLEMENTAL
REQUEST
TO INCORPORATE MATERIALS FROM PRIOR PROCEEDING
Respondent COMMUNITY LANDFILL COMPANY, INC., by and through its attorney
LAROSE
&
BOSCO, LTD., pursuant to 35 Ill.Adm.Code 101.306, hereby requests that the Hearing
Officer, Bradley Halloran, incorporate by reference material from the record
of another Illinois
Pollution Control Board proceeding, Community Landfill Co., Inc. and the City
ofMorris v. Illinois
Environmental Protection Agency, PCB No. 01-170 (Enforcement) into the record
of the present
proceeding.
The material from PCB No. 01-170 which Respondent COMMUNITY LANDFILL CO.,
INC. requests be incorporated is the following portion
of the Transcript of Proceedings before
Hearing Officer Bradley Halloran at the hearing held October 15-17, 2001 along with the
corresponding exhibit,
as follows:
A.
Volume II - Day Two of Hearing, October 16, 2001
Testimony
of R. Michael McDermont (pp. 685)
The copy
of the transcript to be incorporated is an authentic copy of the Illinois Pollution
Control Board transcript. The witness, a consultant for Community Landfill Company, was subject
Electronic Filing, Received, Clerk's Office, September 10, 2007
to cross-examination during his testimony. Furthermore, the material is relevant to the present
proceeding since it involves the same issue
of financial assurance and the same parties. Finally,
incorporating this material into the record
of the present proceeding will assist Hearing Officer
Halloran (who was also the Hearing Officer in PCB 01-170)
in following the Board'sJune 1,2006
order which directs the hearing officer to:
"advise the parties that at hearing, each party should: (1) discuss whether to impose a
remedy,
ifany, including a civil penalty, for the violations and support its position with facts
and arguments that address any or all
of the Section 33(c) factors; and (2) propose a civil
penalty,
if any, including a specific dollar amount, and support its position with facts and
arguments that address any or all
of the Section 42(h) factors."
Based on the foregoing, Respondent COMMUNITY LANDFILL CO
.., INC. respectfully
request that Hearing Officer Bradley Halloran incorporate by reference the above described materials
from the record
ofIllinois Pollution Control Board proceeding, Community Landfill Co., Inc. and the
City oflv1orris
v. Illinois Environmental Protection Agency, PCB
l~o.
01-170 (Enforcement) irlto the
record
of the present proceeding.
Respectfully submitted,
c. 's Attorneys
Mark
A. LaRose
Clarissa
C. Grayson
LaRose & Bosco, Ltd.
200 North LaSalle Street, #2810
Chicago IL 60601
(312) 642-4414
Electronic Filing, Received, Clerk's Office, September 10, 2007
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L.A. REPORTING (312) 419-9292'
685
a threat to the environment.
, And she states further that "the gas
perimeter probe expands neither the
operati~n
nor
operational life of the facility." ObviouslYt the
operational life of the facility was already approved by
the August 2000 permits and seems to not be relative to
this Permit Application
2000-4~8.
Q.
Unless they just wanted to'shut us down;,
right?'
MR. KIM: Objection
t
leading question.
BY MR. LaROS'E:
Q.
What relevance could it possibly have?
A.
Not being able to accept
wa~te
in new
areas would certainly eventually shut the facility down.
Q.
If you
we~e
to compare
t~e
envi,ronmental
benefits of the gas probes to the environmental benefits
of the separation layer even including the placement of
waste on top of itt how would you do that?
A.
I would term the gas perimeter probes as a
passive device only there to monitor potential buildup
of landfill,gas escaping from the landfill.
The
separatio~
layer and the
perimeter leachate collection system I would term as
active mitigation agents to prevent threats to the
L.A. REPORTING (312)419-9292
686
Electronic Filing, Received, Clerk's Office, September 10, 2007
CERTIFICATE OF SERVICE
I, Clarissa C. Grayson, an attorney hereby certify that I caused to be served a copy of the
foregoing
RESPONDENT COMMUNITY LANDFILL CO., INC.'S SUPPLEMENTAL
REQUEST
TO INCORPORATE MATERIALS FROM PRIOR PROCEEDING
by
electronically filing and by fax, this 10th day
of September 2007, addressed as follows, in the
delivery methods as set forth below:
Christopher Grant
Environmental Bureau
Assistant Attorney General
69 West Washington
18th Floor
Chicago, Illinois 60608
Charles
F. Helsten
Hinshaw
&
Culbertson, LLP
100 Park Avenue
P.O. Box 1389
Rockford, Illinois
611 05-1389
Mark
A. LaRose
Clarissa
C. Grayson
LaRose & Bosco, Ltd.
200 North LaSalle Street, Suite 2810
Chicago, Illinois 60610
(312) 642-4414
Bradley Halloran
Hearing Officer
Illinois Pollution Control Board
100 West Randolph
Suite 11-500
Chicago, Illinois 60601
Scott Belt
Scott Belt and Associates, PC
105 East Main Street
Suite 206
Morris, Illinois 60450
'
"
.......
.
C\~
..... .' ..
,
11
Electronic Filing, Received, Clerk's Office, September 10, 2007
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
vs.
Respondents.
Complainant,
COMMUNITY LANDFILL COMPANY,
INC., an Illinois corporation, and
the CITY OF MORRIS, an Illinois
municipal corporation,
PCB No. 03-191
(Enforcement)
PEOPLE OF THE STATE OF ILLINOIS, )
)
)
)
)
)
)
)
)
)
)
)
NOTICE OF FILING
TO: Christopher Grant
Environmental Bureau
Assistant Attorney General
69 West Washington
18th Floor
Chicago, Illinois 60608
Bradley Halloran
Hearing Officer
Illinois Pollution Control Board
100 West Randolph
Suite 11-500
Chicago, Illinois 60601
Charles
F. Helsten
Hinshaw
&
Culbertson, LLP
100 Park Avenue
P.O. Box 1389
Rockford, Illinois 61105-1389
Scott Belt
Scott Belt and Associates, PC
.105 East Main Street
Suite 206
Morris, Illinois 60450
PLEASE TAKE NOTICE that on September 10,2007, the undersigned caused to be
filed electronically before The Illinois Pollution Control Board
RESPONDENT
COMMUNITY
LANDFILL
CO.,
INC.
SUPPLEMENTAL
REQUEST
TO
INCORPORATE MATERIALS FROM PRIOR PROCEEDING with the Clerk of the
Illinois Pollution Control Board, 100
W. Randolph Street, Suite 11-500, Chicago, Illinois 60601,
a copy
of which is attached and hereby served upon YOUe
ity Landfill Co.
Mark
A. LaRose
Clarissa
C. Grayson
LAROSE
&
BOSCO, LTD.
200 North LaSalle Street, Suite 2810
Chicago, Illinois 60610
(312) 642-4414
THIS FILING IS SUBMITTED ON RECYCLED PAPER.
Electronic Filing, Received, Clerk's Office, September 10, 2007

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