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.
to: Mr. Mark La Rose
La Rose
&
Bosco
200 N. La Salle Street,
#2810
Chicago, Illinois 60601
(3
12)642-0434
Mr. Charles Helsten
Hinshaw
&
Culbertson
100 Park Avenue
Rockford IL 61 105-1389
(8
15)963-9989
)
)
1
PCB No. 03-191
)
(Enforcement-Land)
)
1
Mr. Bradley P. Halloran
Hearing Officer
Illinois Pollution Control Board
100
W. Randolph, #200 1
Chicago, IL 60601
Mr. Scott Belt
105 East Main Street
Suite 206
Morris, Illinois 60450
NOTICE OF FILING
PLEASE TAKE NOTICE that we have today, September 27,2006, filed with the Office
of the Clerk of the Illinois Pollution Control Board, by electronic filing, Complainant's Response
to the Respondent Community Landfill Company
Inc.'s Motion to Cancel Hearing, a copy of
which is attached and herewith served upon
you.
/
BY:
Assistant Attorneys General
Environmental Bureau
188
W. Randolph St., 20'~.
Flr.
Chicago,
IL 60601
(312) 814-5388
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, SEPTEMBER 27, 2006
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
PEOPLE OF THE STATE OF ILLINOIS,
)
)
Complainant,
)
)
VS.
1
PCB No. 03-191
1
(Enforcement-Land)
COMMUNITY LANDFILL COMPANY, INC.,
)
an Illinois corporation, and
)
the CITY OF MORRIS, an Illinois
1
municipal corporation,
1
)
Respondents.
1
COMPLAINANT'S RESPONSE IN OPPOSITION TO COMMUNITY LANDFILL
COMPANY,
INC.'S MOTION TO CANCEL HEARING
NOW COMES Complainant, PEOPLE OF THE STATE OF ILLINOIS, and responds to
Respondent COMMUNITY LANDFILL COMPANY
INC.'s ("CLCYs") Motion to Cancel
Hearing, as follows:
1.
On September 22,2006, CLC filed its Motion to Cancel Hearing pursuant to 35
Ill. Adm. Code 101.5 10, requesting that the Board cancel hearing on remedy in this matter
indefinitely.
As a preliminary matter, Complainant believes that this Motion should have been
directed to Hearing Officer Bradley P.
Halloran and not to the Board. In either case,
Complainant does not believe that CLC has provided a legitimate basis for either cancelling or
delaying the October 24,2006 hearing. Complainant therefore requests that CLC's Motion to
Cancel Hearing be denied.
2.
The basis of CLC's request is the declining health of Mr. Edward Pruim. Edward
Pruim is an officer and, along with CLC President Robert Pruim, part owner of CLC. The State
certainly sympathizes with Mr. Pruim and his family.
However, aside from CLC's unsupported
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, SEPTEMBER 27, 2006
claim that his participation in "...attendance and testimony is necessary for the defense of this
case" (Motion, par. 9), CLC provided no legitimate basis for its request to cancel the hearing in
.
.
PCB 03-191.
3.
Edward Pruim is not a party to this matter, and has had no involvement in the
prosecution of this case. Moreover, CLC has never disclosed Edward Pruim as either
a fact or
opinion witness, although Complainant first requested witness information and disclosure in its
January, 2004 discovery requests. CLC's claim that Edward Pruim's 'testimony is necessary'
is
the first that Complainant has learned of such testimony. Had CLC called him as witness at
hearing, Complainant would have vigorously objected.
4.
CLC's defense will not be prejudiced by Edward Pruim's incapacity, because
Mr. Robert Pruim, president of CLC, can provide all necessary assistance to the corporation.
According to CLC's Interrogatory Responses, financial assurance for the landfill was arranged
for by
"R. Michael McDermont, Mark A. LaRose and Robert Pruim". However, Edward
Pruim's name is not mentioned in the responses to
a
of the State's Interrogatories. Moreover,
the Responses were verified by Robert Pruim, not Edward Pruim. Clearly, Robert Pruim
possesses sufficient knowledge about the issues in this case to effectively participate in CLC's
defense.
5.
It is important that hearing in this matter be held as scheduled. On February 21,
2006, the Board entered Summary Judgment, finding that the Respondents violated 41
5 ILCS
5/21(d)(2) (2004), and 35 Ill. Adm. Code Sections 81 1.700(f) and 81 1.712(b). However, the
Board held off granting relief, including the interim relief requested by Complainant,
until it had
the opportunity to review evidence related to Sections
33(c) and 42(h) of the Act. Complainant
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, SEPTEMBER 27, 2006
believes that ongoing violations exist at the Landfill and seeks to complete the record so that the
Board may determine the appropriate relief as soon as reasonably possible.
WHEREFORE, Complainant requests that Respondent Community Landfill Company
Inc.'s Motion to Cancel Hearing in case PCB 03-191 be denied.
BY:
-
Christopher Grant
Assistant Attorney General
Environmental Bureau
188 W. Randolph St.,
20th Flr.
Chicago, Illinois 60601
(312) 814-5388
--
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, SEPTEMBER 27, 2006
CERTIFICATE OF SERVICE
I, CHRISTOPHER GRANT, an attorney, do certify that I caused to be served this 27th day of
September, 2006, the foregoing Response to Respondent Community Landfill Company
Inc.'s
Motion to Cancel Hearing, and Notice of Filing, upon the persons listed on said Notice by
facsimile transmission, hand delivery,
andlor placing same in an envelope bearing sufficient
postage with the United States Postal Service located at 100
W. RandolphJChicago Illinois.
0
CHRISTOPHER GRANT
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, SEPTEMBER 27, 2006