BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
PEOPLE OF THE STATE OF ILLINOIS,
1
)
Complainant,
)
)
VS.
1
PCB No. 03-191
1
(Enforcement-Land)
COMMUNITY LANDFILL COMPANY, INC.,
)
an Illinois corporation, and
1
the CITY OF MORRIS, an Illinois
1
municipal corporation,
)
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, #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)963-9989
NOTICE OF FILING
PLEASE TAKE NOTICE that we have today, October 5,2006, filed with the Office of
the Clerk of the Illinois Pollution Control Board, by electronic filing, Complainant's
Interlocutory Appeal of Hearing Officer Order, a copy of which is attached and herewith served
upon you.
Resp
ctfully Submitte
,
BY:
L~
Assistant
RISTOPHER
Attorneys
GRANT
General
Environmental Bureau
188
W. Randolph St., 20th Flr.
Chicago, IL 60601
(312) 814-5388
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, OCTOBER 5, 2006
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
PEOPLE OF THE STATE OF ILLINOIS,
1
I
)
Complainant,
)
1
VS.
1
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 MOTION FOR INTERLOCUTORY
APPEAL OF THE HEARING OFFICER ORDER GRANTING
COMMUNITY LANDFILL COMPANY'S MOTION TO CANCEL HEARING
Now comes Complainant, PEOPLE OF THE STATE OF ILLINOIS, pursuant to 35 Ill.
Adm. Code 101.5 18, and moves the Board for an Interlocutory Appeal from the October 3,2006
Hearing Officer Order, granting Respondent Community Landfill Company,
Inc.'s Motion to
Cancel Hearing.
In support thereof, Complainant states as follows:
1.
On September 22,2006, Respondent Community Landfill Company, Inc. ("CLC")
filed Motions to Cancel Hearing in this matter. Complainant responded on September 27,2006,
and Respondent City of Morris responded on September 28,2006. On October 3,2006, Hearing
Officer Bradley P.
Halloran granted CLC's Motion, and cancelled the October 24-27,2006
hearing date. CLC's Motion to Cancel Hearing is attached hereto as Exhibit A. The October 3,
2006 Hearing Officer Order is attached hereto as Exhibit B.
2.
The basis of
CLCYs Motion in this case was the illness of Mr. Edward Pruim.
Edward Pruim is co-owner of Respondent CLC, and acts as
secretaryltreasurer of the corporation.
However, he is not an individual Respondent in Case No. PCB-03-191.
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, OCTOBER 5, 2006
3.
Complainant incorporates its Response to Motion to Cancel herein, a copy of
which is attached as Exhibit C.
I.
CLC's Motion is Legally Insufficient
4.
Section 101.510 of the Board Procedural Rules, 35 Ill. Adrn. Code 101.5 10,
provides, in pertinent part, as follows:
101.51 0 Motioit To Caitcel Hearing
b) Contents. All Motions to cancel a hearing must set forth a proposed date to
reschedule the hearing..
.
5.
CLC's Motion does not contain a date to reschedule to hearing. Rather, the
Motion suggests that Mr. Pruim's health be evaluated in March, 2007. As support, CLC attached
two virtually identical physician letters.
G
6.
Failure to identify a date for scheduling hearing renders CLC's Motion
insufficient. Further, it prejudices Complainant, who has already obtained a finding of liability
against the Respondents. Because the Board has deferred decision on all relief, including
compelling the Respondents to comply with the Act and regulations by providing compliant
financial assurance, an open-ended delay allows continued violations, with no definite date for
resolution.
11.
Edward Pruim is not a Necessary Party to this Action.
7.
As noted, Edward Pruim is not a party to this case. Although CLC claims that his
"...participation in preparation, attendance and testimony is necessary for the defense in this case"
(CLC Motion, p.
3), he was not previously identified as a witness, was not named as a person
who arranged for financial assurance, and was not otherwise identified as a person with
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, OCTOBER 5, 2006
knowledge of the subject matter of the case. At oral argument on September 28,2006, CLC
counsel represented that CLC would have supplemented interrogatory responses and named him.
The Board should consider whether such a position is supportable, given the fact that no mention
of his testimony had been made, although hearing was less than one month away. At best this
representation indicates a complete disregard for the rules of discovery. Moreover, there is no
suggestion that Robert Pruim, who was named in interrogatory responses and provided
verification for the interrogatories, is unavailable, or
unable to sufficiently represent the
corporation.
8.
Likewise, the City of Morris' claims that it required Edward Pruim's testimony
should be discounted. The City of Morris neither named Edward Pruim as a potential witness,
nor sought to depose Mr. Pruim at any time during the four years this case has been pending.
9.
The City of Morris once again attempts to avoid the central issue in this case-the
Respondents' failure to provide financial assurance.
In its Response to CLC's Motion, (Attached
without attachments as Exhibit
D), the City states that 'the site is essentially closed', and that the
'purpose of financial assurance provisions in the Act have been squarely met'. The City's
claims of 'substitute performance' in place of financial assurance have been considered and
rejected by the Board on several occasions. Even if the City had begun closure activities (which
the State disputes), financial assurance for closure would be required until closure was certified
by Illinois EPA. Further, more than $10,000,000 of financial assurance is required to secure
post-closure activities. And yet no compliant financial assurance is in place, despite the Board's
February 16, 2006 finding of violation.
10.
The State believes that the facts show that Mr. Edward Pruim's participation is
not necessary for a full and
complete hearing on the remaining issues in this case. Using his
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, OCTOBER 5, 2006
absence as an excuse to delay hearing would allow the Respondents to continue violating the Act
for the foreseeable future.
11.
Along with this Appeal, Complainant has filed its Motion for Interim Relief. In
the event that the Board affirms the Hearing Officers's Order striking the October 24,2006
Hearing Date, Complainant request that the Board grant it the interim relief requested.
WHEREFORE, Complainant, PEOPLE OF THE STATE OF ILLINOIS, respectfully
requests that the Board:
1. Accept this Interlocutory Appeal for consideration;
2. Reverse the October 3,2006 Hearing Officer ruling in this case;
3. Establish October 24 through 27,2006 as the date for hearing on all remaining issues;
and,
4. Order such other relief as the Board deems appropriate and just.
RESPECTFULLY SUBMITTED,
BY:
Christopher Grant
&,-h
Assistant Attorney General
Environmental Bureau
188
W. Randolph St., 201h Flr.
Chicago, Illinois 60601
(312) 814-5388
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, OCTOBER 5, 2006
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, SEPTEMBER 22,2006
BEFORE
THE
ILLINOIS POLLUTION CONTROL BOARD
PEOPLE OF THE STATE OF ILLINOIS,
)
1
Complainant,
1
VS.
)
PCB No. 03-191
)
(Enforcement)
COMMUNITY LANDFILL COMPANY,
)
INC., an Illinois corporation, and
the CITY OF MORRIS, an Illinois
municipal corporation,
)
)
Respondents.
)
NOTICE OF FILING
TO: Christopher Grant
Bradley Halloran
Environmental Bureau
Hearing Officer
Assistant Attorney General
Illinois Pollution Control Board
188 West Randolph Street
100 West Randolph
20th Floor
Suite 11
Chicago, Illinois 60601
Chicago, Illinois 60601
Charles
F. Helsten
Scott Belt
Hinshaw
&
Culbertson, LLP
Scott Belt and Associates, PC
100 Park Avenue
105 East Main Street
P.O. Box 1389
Suite 206
Rockford, Illinois 61 105-1389
Morris, Illinois 60450
PLEASE TAKE NOTICE
that on
SEPTEMBER
22,2006, the undersigned caused to
be electronically filed with Ms. Dorothy
Gunn, Clerk of the Illinois Pollution Control Board,
100 West Randolph Street, Suite 11-500, Chicago, Illinois 60601, the
RESPONDENT
COiVMUNITY LANDFILL COMPANY, INC.'s MOTION TO CANCEL
HEARTNG, a
copy of which is attached and hereby served upon you.
One
&c.&
of the Attorneys for Community ~vndfill Co.
Mark A.
LaRose
Clarissa C. Grayson
LAROSE
&
BOSCO, LTD.
Attorney No. 37346
200 North
LaSalle Street, Suite 2810
Chicago, Illinois 60610
(3 12) 642-4414
TmS
FILING
IS SUBMITTED ON RECYCLED PAPER
EXHIBIT
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, OCTOBER 5, 2006
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, SEPTEMBER 22,2006
CERTIFICATE OF SERVICE
I, Clarissa C. Grayson, an attorney hereby certifi that I caused to be served a copy of the
foregoing
RESPONDENT COMMUNITY
LANDFILL
COMPANY,
INC.sY
MOTION TO
CANCEL
HEARING
by placing same in first-class postage prepaid envelopes and depositing
same in the U.S. Mail Box located at 200 North LaSalle Street, Chicago, Illinois, this
22nd
day
of
September 2006,
addressed as follows:
Christopher Grant
Environmental Bureau
Assistant Attorney General
188 West Randolph Street
20th Floor
Chicago, Illinois 60601
Scott Belt
Scott Belt and Associates, PC
105 East Main Street
Suite 206
-Morris, Illinois 60450
Charles
F. Helsten
Bradley Halloran
Hinshaw
&
Culbertson, LLP
Hearing Officer
100 Park Avenue
Illinois Pollution Control Board
P.O. Box 1389
100 West Randolph
Rockford, Illinois 61 105-13 89
Suite 11-500
Chicago, Illinois 6060 1
One of the Attorneys for Community
~Cafidfill Co.
Mark
A.
LaRose
Clarissa C. Grayson
LaRose
&
Bosco, Ltd.
Attorney No.
3
73 46
200 North LaSalle Street
Suite 2810
Chicago, Illinois 60610
(3
12) 642-44 14
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, OCTOBER 5, 2006
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, SEPTEMBER 22,2006
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
PEOPLE OF THE STATE OF LLINOIS,
Complainant,
COMMUNITY LANDFILL COMPANY,
INC., an Illinois corporation, and
the
CITY OF MOREUS, an Illinois
municipal corporation,
Respondents.
1
1
)
)
1
PCB No. 03-191
)
(Enforcement)
)
1
1
1
1
1
RESPONDENT COMMUNITY LANDFILL COMPANY, INC.'s
MOTION TO CANCEL HEARING
Respondent COMMUNITY LANDFILL COMPANY, INC., by and through its attorneys
LaRose
&
Bosco, Ltd. and pursuant to 35 Il1.Adm. Code 101.510, hereby moves the Illinois
Pollution Control Board to cancel the hearing
in this matter scheduled for October 24-27,2006 and
in support thereof, states as follows:
1.
This matter is currently scheduled for hearing on October 24-27,2006 at
9:00 a.m. in
the Grundy County Administrative Center Board Room, 1320 Union Street, Morris, Illinois, pursuant
to Hearing Officer Bradley Halloran's Notice of Hearing dated September 20,2006.
2.
Ths motion is timely filed pursuant to 35 Il1.Adm.Code 101.5 10(a) which requires
.
that this Motion to Cancel Hearing be filed no fewer than ten (10) days before the scheduled hearing
date, or October 14,2006.
3.
The factual basis for the Motion to Cancel Hearing is set forth herein, in the Affidavit
of Clarissa Cutler
Grayson (attached as Exh. A and incorporated herein), and in the letters from Mr.
.
.
1
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, OCTOBER 5, 2006
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, SEPTEMBER 22,2006
Pruim's physicians, Dr. Daniel Rowan, his cardiologist (see Dr. Rowan letter dated September 22,
2006, attached to the Affidavit as Exh. 1) and Dr. Timothy Wollner, his family physician (see Dr.
Wollner letter dated September 21,2006, attached to the Affidavit as Exh. 2).
4.
Edward
Pruim, SecretaryITreaswer of CLC, recently underwent emergency quintuple
bypass surgery which was complicated by the presence of an aortic aneurism. (See
Exh. A,
7
3 and
attached Exhs.
1 and 2). Mr. Pruim was hospitalized from August 26-September 9,2006 at both
Palos Community Hospital and Christ Hospital. (See Exh. A,
13
and attached Exhs. 1 and 2). Mr.
Pruirn was readmitted to Christ Hospital on September 11,2006 with a blood clot on his lung, and
after receiving treatment for this condition, he was released on September 17,2006. (See Exh. A,
11
3
and attached Exhs. 1 and 2). He is currently recovering at his home and is receiving continued
treatment for the blood clot and heart condition. (See Exh. A,
7
3 and attached Exhs. 1 and 2).
5.
In the professional opinion of his physicians, Mr. Pruirn is unable to undergo any
stressful work-related activities for at least 5-6 months, including any participation by way of
testimony or preparation
in the legal proceedings now scheduled before the Illinois Pollution Control
Board on October 24-27,2006. (See Exh. A,
7
4 and attached Exhs. 1 and 2). The stress of having
to prepare for and testify in this matter could seriously and adversely affect
Mr. Pruim's recovery and
health. (See Exh. A,
14 and attached Exhs. 1 and 2). He is physically unable to either prepare for or
participate in the hearing scheduled for October 24-27,2006. (See Exh. A,
7
4 and attached Exhs. 1
and 2).
6.
In the opinion of Mr. Pruim's physicians, his physical condition should be reviewed
in March, 2007 for his ability to participate in this proceeding. (See
Exh. A,
7
5 and attached Exhs. 1
and 2).
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, OCTOBER 5, 2006
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, SEPTEMBER 22,2006
7.
The history of this matter's proceedings is set forth in the attached Affidavit of
Clarissa Cutler
Grayson. (See Exh. A,
fi
6).
8.
No previous cancellation requests have been made in this matter. (See Exh. A,
7
7).
This is the first cancellation request that has been made. (See Exh. A,
7
7).
9.
Edward Pruim's participation in preparation, attendance and testimony is necessary
for
the defense of this case.
10.
This motion to cancel the hearing should be granted pursuant to 35
I11.Adm.Code
101.501 (b) as the attached affidavit and Exhibits 1 and 2 to the affidavit demonstrate that the request
is not made as the result of the movant's lack of diligence. (See Exh.
A and attached Exhibits 1 and
2).
WHEREFORE, Respondent Community Landfill Company, Inc. respectfully requests that
Hearing Officer Bradley
Halloran grant its Motion to Cancel Hearing pursuant to 35 I11.Adm. Code
101.501,
and'set the matter for status in March, 2007.
Respecthlly submitted,
-
C.Gm&-
Attorney for Community Landfill
Mark
A. LaRose
Clarissa C. Grayson
LaRose
&
Bosco, Ltd.
200
N. LaSalle Street, Suite 2810
Chicago,
IL
60601
(3
12) 642-44 14
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, OCTOBER 5, 2006
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, SEPTEMBER 22,2006
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,
Respondents.
1
1
)
)
)
PCB No. 03-191
)
(Enforcement)
1
)
1.
)
1
1
AFFIDAVIT OF CLARISSA CUTLER GRAYSON
I, CLARTSSA CUTLER GRAYSON, being duly sworn on oath and afhation, do hereby
depose and state as follows:
1.
I am one of the attorneys for Community Landfill Company, Inc. ("CLC") and am a
partner in the law
firm
of LaRose
&
Bosco, Ltd. which represents CLC in the above referenced
matter currently pending in the Illinois Pollution Control Board.
2.
The factual basis for
the Motion to Cancel Hearing is set forth herein and in the letters
from his physicians, Dr. Daniel Rowan,
Mr. Pruim's cardiologist (see Dr. Rowan letter dated
September 22, 2006, attached to this Affidavit as Exh. 1) and Dr. Timothy Wollner,
Mr. Pruim's
familyphysician (see Dr. Wollner letter dated September 21,2006 attached to this Affidavit as
Exh.
2).
3.
I have been informed that Edward Pruim, SecretaqdTreasurer of CLC, recently
underwent emergency quintuple bypass surgery which was complicated
by the presence of an aortic
aneurism. (See attached Exhs.
1 and 2). I have been informed that Mr. Pruim was hospitalized from
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, OCTOBER 5, 2006
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, SEPTEMBER 22,2006
August 26-September 9,2006 at both Palos Community Hospital and Christ Hospital. (See attached
Exhs.
1 and 2). I have been informed that Mr. Pruim was readmitted to the hospital on September
11, 2006 with a blood clot on his lung, and after receiving treatment for this condition, he was
released on September
17, 2006. (See attached Exhs. 1 and 2). I have been informed that he is
currently recovering at his home and is receiving continued treatment for the blood clot and heart
condition. (See attached Exhs.
1 and 2).
4.
I have been informed that in the professional opinion of his physicians, Mr. Pruim
will be unable to undergo any stressful work-related activities for at least 5-6 months and that this
would include any participation by way of testimony or preparation in the legal proceedings now
scheduled before the Illinois Pollution Control Board on October 24-27,2006. (See attached Exhs. 1
and 2).
I have been informed that the stress of having to prepare for and testify in this matter could
'
seriously and adversely affect Mr. Pruim's recovery and health and that Mr. Pruim is physically
unable to either prepare for
or.participate in the hearing scheduled for October 24-27, 2006. (See
attached Exhs.
1 and 2).
5.
I have been informed that in the opinion of Mr. Pruim's physicians, his physical
condition should be reviewed in March, 2007 for his ability to participate in this proceeding. (See
attached Exhs.
1 and 2).
6.
The status of this matter's proceedings is as follows. On April 17,2003, complainant,
the People of the State of Illinois, filed a one-count complaint
against.respondents CLC and the City
of Morris alleging failure to provide adequate
financial assurance for closure and post-closure
operations. On February 16,2006, the Illinois Pollution Control Board granted summary judgment
in favor of the Complainant in its interim opinion and order. On March 3 1,2006, both respondents
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, OCTOBER 5, 2006
moved the Board for reconsideration of its interim opinion and order. Both respondents' motions to
reconsider were denied by the Board on June 1,2006. On June 29,2006, this matter was scheduled
for hearing on October
24-27'2006 by order of Hearing Officer Bradley Halloran.
\
7.
No cancellation requests have been granted in this proceeding.
This is the first
request for cancellation that has been made.
8.
The information contained in this Affidavit is based on my personal knowledge. If
called upon to do so,
I could competently testify to same.
Further, Affiant, sayeth naught.
SUBSCRlBED AND SWORN TO
before me
this L2day of
September, 2006
OFFICIAL SEAL
MARY KARSON
NOTARY
WRC
STATE,# ILLNOIS
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, SEPTEMBER 22,2006
. *
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, OCTOBER 5, 2006
str022.2uW
EEJ@.QNIC Fi;h/+jNG, RECEIVED. CLERK'S OFFICE. SEPTEM%FIJ?zl
2086
2/2
Cardiovas~llar Consultants,
LLP
THOMAS j.
QUINN, Ma.
RA,CC,, M,C.P.
JOSEPH
W,
MULARCZYK,
M,R,
WC.C
DANIELA. ROWAN,
DO,,
EACC,
WLCR,
M.CA.1.
September 21,2006
EVANS I!
PAPPAS,
M.R,
PACaC,
CmPI4BR
j,
SULLIVAN,
M.D.,
RAC.C.
Ms,
Clarissa Cutler Grayson
LaRose
&
Bosco, Ltd.
200
N, LaSalle
Street, Suite
2810
Chicago,
TI,
60602
Re:
Edward Wuim
Dear
MB,
Grayson:
I am a cardiovascular phygioiatl
and
have practiced
medi~im
for 20
years.
Edward Pruh has
been my patient for one month,
and
1
am quite familiar with
his
mediaal history,
a.
Pruim recently underwent
emergacy
quintuple
bypass
surgery, which was complicated by
the presence of an aortic meurysm, Mr.
Pruim
was hospitalized from August 26
-
September
9,
2006 in
both Palos
Community
Hospital and
Christ
Hospital. I
performed an
angiogram and
examined him numeroue times during this hospitalization. Mr,
Pruim
was
readmitted
to Christ
Hospital on September
I. I,
2006
with a blood clot on his lung.
After rmeiving
treatment for this
condition, he was released on September 17,2006, He is currentlyrecovering at his home and is
receiving
continued treatment for
the
blood clot
and
heart oondition. I am continuing to monitor
lzis
physical condition,
In
my professional opinion,
Mr. Pruim
will
be
unable
to undergo
any
skerssfil
work-related
activitiee
for at
least
5-6 months. This would include
any
participation by way oftestimony or
preparation
in
the legal proceedings
now
scheduled before the Illinois Pollution Control
Board
on
October
24~27,2006
and
December
11-15,2006,
The
stress related
to having to prepare for and
testify
in
a
legal
matter could seriously and adversely affect Mr.
P&'s
reuovery and health,
As his physician, I advise you that it is my opinion that Mr, Pruim is physically unable to either
prepare for or participate in these heaxings at this time, It would be my recommendation that his
physical condition be reviewed
in
Mmh,
2007, at which time I would be happy to again render
an opinion as to his ability to participate
in
these legal proceedings.
Thank
you,
If
you have
any
further
questions for me, please do not hesitate to contact
me,
EXHIBIT
Daniel
A,
Rowan, D.O,, FACP, FACC
PHYSICIANS
PAVILION
-
2850 Wcst 75th
Street,
Suite
305 EVERGREEN PARK, Illinois
60805-2735
LCM DIAGNOSTIC
CENTER
-
12432 South
Harlcrn Avcnw
PAmS
HEIGHTS, Illinois
60463-1426
Xlophonc
(708) 425-7272
-
Fax
(708)
422-6273
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, OCTOBER 5, 2006
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, SEPTEMBER 22, 2006
DR.ELSER DR. WOLLNER
PAGE
01
Timothy
S.
Wollner,
D.O.,
A.B.F.P.
Jolrn C. Elser, M.D., A.B.F.P.
Family Practice
3754 West
95'"'
Street
Evergreen
Park, IL
60805
Ms. Clarissa Cutler Grayson
LaRose
&
Bosco, Ltd.
200 Nortb LaSd.le
Street,
Suite 28 10
Cl~icago, IL 60601
RE;
Edward
Pnlim
Dcar
Ms.
Grayson:
T have been Edward Pinirn's
Fmily Physician
for over ten years. Mr. Pruim recently
underweat emergency
quintupls
bypass
surgery
wlxich,
was
com,plicatod by the presence
of
an
aortic
ancurism.
Mr. Pruirn
was hospitalized
from
August
26
-
September 9,2006
at
both
Pdos Comrnui~jty
Hospital
and Chist I-Xospital.
.I
examined him numerous times
during his bospitdjzation. Mr. Pmjm
was
readmitted to
tlze
hospital on September 11,
2006
with
a blood clot on,
his
1un.g.
A&er
receiving treatment for
this
condition, hc
was
rclensed on September 17,2006. Hc is currently
recovering
at
his
horne
and
Is receivjt~g
coi~tinued treatment for the blood clot
and heart
condition.
1 m
conthuing
to
monitor
his
pJ~ysical.
condition.
In
my professional opinion, Mr. Pruh will be unable to mckrgo any
stressful worlc-
related actj.vities for at
least
5
to 6 mo.i~th; This
would
jnclude
any
participation
by
way
of
testimony
or
preparation in the legd proceedings now scheduled, for October: 24
-
27,
2006
and
December
1
1
-
15,2006. The stress related to
having
to prepare for
and
testify
h
a legal matter could seriously
and
adversely affect Mr. Pruim's recovery an.d healill.
As
Ms
pl~ysiciat~,
I
addse
you that it is my opinion that
Mr. Pruim
is physical unable to
either
prepm
for or
particip~te
in these hcarin.g at this time. It would be
my
recommendation that his physical condition be
reviewed
in
March,
2007
at
which
the
1
would be .happy to notify you
as
to his ability to participate in
those
legal proceedings.
Ttlank
you.
If
you
have any
further
questions
for me, plcase do not hesitate to cantaot
me.
Sincerely,
&
~/40,
A+dp?
~imoth~
S.
Wollner, D.O., A.B.P.P.
IT]
EXHIBIT
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, OCTOBER 5, 2006
ILLINOIS POLLUTION CONTROL BOARD
October 3,2006
PEOPLE OF THE STATE OF ILLINOIS,
)
1
Complainant,
1
1
V.
)
PCB03-191
)
(Enforcement
-
Land)
COMMUNITY LANDFILL COMPANY,
)
INC., and CITY OF MORRIS, an Illinois
)
municipal corporation,
1
)
Respondents.
1
I
HEARING OFFICER ORDER
On February 16,2006, the Board granted complainant's motion for summary
judgment and directed that this matter proceed to hearing on the issue of remedy. One of
the issues involved the respondents' failure to comply with the financial assurance
requirements. Both City of Morris (Morris) and Community Landfill Company Inc.
(CLC) filed respective motions for reconsideration. On June 1,2006, the Board affirmed
its order of February 16,2006, granting complainant's motion for summary judgment and
again directed that this matter proceed to hearing on the issue of remedy.
On September 22,2006, respondent CLC filed a motion to cancel the hearing
previously scheduled for October
24,25,26, and 27,2006. On September 27,2006, the
complainant filed a response objecting to CLC's motion to cancel the hearing. On
September 28,2006, respondent City of Morris (Morris) filed its response to both
CLC's
motion to cancel the hearing and complainant's response in opposition. A telephonic
status conference was held on September 28,2006, where oral arguments were
entertained. After considering the oral responses and reading the written motions and
responses, the hearing officer orally notified the parties on September 28,2006, that
CLC's motion to cancel the scheduled hearing was granted. Today's order grants the
motion and cancels the hearing.
I
CLC Motion To Cancel Hearing
CLC represents in its motion that Edward Pruim, the secretary and treasurer of
CLC, underwent emergency quintuple bypass surgery that was complicated by the
presence of an aortic aneurism. Edward Pruim was hospitalized from August 26,2006 to
September 9,2006. Edward Pruim was readmitted to the hospital on September
11,
2006, with a blood clot on his lung. Pruim was released on September 17, 2006. Finally,
CLC represents that Edward Pruim is recovering at his home and is receiving continued
treatment for the blood clot and heart condition.
1.1
EXHIBIT
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, OCTOBER 5, 2006
4
CLC's attachments to its motion include an affidavit from
CLC'c attorney and
letters from Dr. Daniel Rowan, Edward Pruim's cardiologist and Dr. Timothy Wollner,
Edward Pruim's family physician. Both physicians state that
~dward Pruim should not
undergo any stressful work-related activities for at least five to six months. The
prohibited activities would include any participation by way of testimony or preparation
for the hearing. Finally, both physicians recommend that Edward Pruim's physical
condition be reviewed again in March 2007, to ascertain whether he can partake in a
hearing.
.
Complainant's Response In Opposition
Complainant argues that CLC's motion to cancel the hearing should be denied
because Edward Pruim is not a party to this matter, and has no involvement in the
prosecution of this matter. Complainant represents that Edward Pruim has yet to be
disclosed as a witness and that CLC's claim that Edward Pruim testimony is necessary is
a revelation. Finally, complainant argues that Edward Pruim's brother, who is the
president of CLC and has been disclosed as a witness, would be able to provide all the
necessary assistance to CLC. Complainant continues and states that since the financial
assurance documents for the landfill reveal that financial assurance was arranged by
R.
Michael McDermont, Mark A. LaRose and Robert Pruim, Edward Pruim's testimony is
not necessary.
Morris' Response To CLC's Motion To Cancel And To Complainant's
Response
Morris argues that it would be prejudiced if the hearing is not canceled and
continued until such time as Edward Pruim can be compelled to testify. Morris argues
that since Edward Pruim is the treasurer and chief financial officer of CLC, and since
post-closure matters relate to financial issues at issue here, it is essential that Morris be
allowed to question Edward Pruim. On October 2, 2006, Morris filed a witness list
pursuant to the August 17,2006 hearing officer order. Edward Pruim is listed as one of
the witnesses. Finally, Morris represents that preliminary closure activities have been
initiated at the site and represents, as reflected in the attached deposition of expert
witness Devin Moose, that based upon the current status of activities at the site, no
eminent or substantial threat to the human health and environment is posed by the site in
question.
Discussion
After reviewing the motion to cancel, the respective responses and taking the oral
arguments into consideration,
I find good cause to grant CLC's motion to cancel the
hearing scheduled for October
24,25,26, and 27,2006. Due to the issues that need to be
addressed at hearing on the issue of remedy, it appears imperative that Edward Pruim, as
a financial officer of CLC, be present at the hearing and available to testify.
Additionally,
I find that CLC's request to cancel was not the result of CLC's lack of
diligence.
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, OCTOBER 5, 2006
4
Telephonic Status Conference
The parties or their legal representatives are directed to participate in a
telephonic status conference with the hearing officer on December 7,2006, at
11 :00 a.m.
Please note the time change. The telephonic status conference must be initiated by the
complainant, but each party is nonetheless responsible for its own appearance. At the
status conference, the parties must be prepared to discuss the status of the above-
captioned matter.
IT IS SO ORDERED.
-
\
F. \u--
Bradley P. Halloran
Hearing Officer
Illinois Pollution Control Board
James R. Thompson Center, Suite
1 1-500
100
W. Randolph Street
Chicago, Illinois 60601
312.814.8917
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, OCTOBER 5, 2006
4
CERTIFICATE OF SERVICE
It is hereby certified that true copies of the foregoing order were mailed, first
class, on October 3,2006, to each of the persons on the attached service list.
It is hereby certified that a true copy of the foregoing order was hand delivered to
the following on October 3, 2006:
Dorothy
M. Gunn
Illinois Pollution Control Board
James R. Thompson Center
100 W. Randolph St., Ste. 1 1-500
Chicago, Illinois 60601
,
C
Y'*
t&2Q--,
\
Bradley P. Halloran
Hearing Officer
Illinois Pollution Control Board
James R. Thompson Center
100 West Randolph Street, Suite
1 1-500
Chicago, Illinois 60601
312.814.8917
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, OCTOBER 5, 2006
PCB 2003- 19 1
PCB 2003- 19 1
Charles F. Helsten
Clarissa
C. Grayson
Hinshaw
&
Culbertson
LaRose
&
Bosco, Ltd.
100 Park Avenue
200 North
LaSalle Street
P.O. Box 1389
Suite 281 0
Rockford, IL 61 105-1389
Chicago, IL 60601
PCB 2003- 19 1
PCB 2003- 19 1
Christopher
J. Grant
Mark A.
LaRose
Office of the Attorney
LaRose
&
Bosco, Ltd.
General
200 North
LaSalle Street
Environmental Bureau
Suite 28
10
188 West Randolph,
20th
Chicago, IL 60601
Floor
Chicago, IL 60601
PCB 2003- 19
1
PCB 2003- 19 1
Scott M. Belt
Jennifer A.
Tomas
Scott M. Belt
&
Associates,
Office of the Attorney General
D
I
.b.
r
Environmental Bureau
105 E. Main Street
188 West Randolph,
20th Floor
Suite 206
Chicago, IL 60601
Morris, IL 60450
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, OCTOBER 5, 2006
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, SEPTEMBER 27, 2006
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
PEOPLE OF THE STATE OF ILLINOIS,
1
Complainant,
1
VS.
1
PCB No. 03-191
(Enforcement-Land)
COMMUNITY LANDFILL COMPANY,
INC.,
)
an Illinois corporation, and
the CITY OF MORRIS, an Illinois
1
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, #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
Moms, Illinois 60450
(8
15)963-9989
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., 20Ih Flr.
Chicago, IL 60601
(312) 814-5388
- - -- - - .
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, OCTOBER 5, 2006
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, SEPTEMBER 27, 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
1
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 ("CLC's") Motion to Cancel
Hearing,
as follows:
1.
On September 22,2006, CLC filed its Motion to Cancel Hearing pursuant to
35
.
Ill. Adm. Code 10 1.5 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
1
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, OCTOBER 5, 2006
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.
CLCYs 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.
CLC7s 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
CLCYs Interrogatory Responses, financial assurance for the landfill was arranged
for by "R. Michael
McDerrnont, Mark A. LaRose and Robert Pruim". However, Edward
Pruim's name is not mentioned in the responses to
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
CLCYs
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
512 1 (d)(2) (2004), and 35 Ill. Adm. Code Sections 8 1 1.700(f) and 8 1 1.7 12(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
2
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, OCTOBER 5, 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:
V
~hristo~her
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
-
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, OCTOBER 5, 2006
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
CHRISTOPHER
GRANT
- -
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, OCTOBER 5, 2006
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
I
PEOPLE OF THE STATE OF ILLINOIS,,
1
Complainant,
I
v.
i
PCB NO. 03-191
)
COMMUNITY LANDFILL COMPANY, INC.,
)
an Illinois Corporation, and CITY OF MORRIS,
)
an Illinois Municipal Corporation,,
1
Respondents.
1
1
RESPONSE TO RESPONDENT, COMMUNITY LANDFILL COMPANY,
INC.'S MOTION TO CANCEL HEARING AND COMPLAINANT, STATE
OF ILLINOIS' RESPONSE IN OPPOSITION TO MOTION TO CANCEL
HEARING
NOW COMES the CITY OF MORRIS, an Illinois Municipal Corporation, by and
through its attorneys, HINSHAW
&
CULBERTSON LkP, and for its Response to both the
I
Motion of ~espondent, Community Landfill Company, Inc.'s, Motion to Cancel Hearing and the
Complainant, State of Illinois', Response in Opposition to same, states as follows:
1.
As indicated in oral arguments presented to Hearing Officer Bradley Halloran
earlier today,. the City has and continues to maintain that it is essentially a putative, ancillary
Respondent in this matter, essentially caught in
a "cross-fire" between the Complainant State of
Illinois and Respondent Community Landfill Company,
tInc. (the entity which, even by this
I
Honorable Board's admission at Page 14 of its February 16, 2006 Interim Order, conducted the
day to
day waste disposal activities at the facility in question. In turn, the City has made its
position clear that it vigorously objects to having been found a party that
"conducted a waste
disposal operation" in this
Honorable Board's Interim Order of February 16,2006.
2.
The City believes that actual prejudice will result to its position in this matter if
.
ths hearing is not continued until such time as Edward Pruim can be compelled to testify. The
City has included Edward Pruim on its Witness List for the hearing in question (copy of such
EXHIBIT
70502967~1 806289
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, OCTOBER 5, 2006
witness designation being marked Exhibit A and attached hereto and incorporated herein by this
reference and hereby served upon the parties).
3.
.
Since (as established by the record in this matter) the cost of complying closure,
r
post-closure financial assurance requirements runs literally in the millions of dollars, obviously
since the State is claiming that the City is potentially responsible for such costs and expenses, it
is essential that a full hearing be afforded to all parties, with all witnesses and all material
evidence
being received at that hearing.
4.
As indicated in oral arguments presented to Hearing Officer
Halloran earlier
today, based upon its review of other depositions and other testimony given by the Pruim
\
Brothers in other related matters, it fears that if only one corporate reprresentative (i.e., Robert
Pruim) is called in this matter that corporate representative will simply demurrer and defer to
knowledge possessed by
Mr. Edward Pruim (who is presently medically unavailable to testify in
this matter at the hearing which is now scheduled).
In turn, since Mr. Edward Pruim was the
Treasurer and Chief Financial Officer of the corporation, and since
closur'e post-closure matters
by their very essence relate to financial issues, the City submits that it is absolutely essential that
it be allowed to question
Mr. Edward Pruim in detail as to why the parties find themselves in the
present situation they do before this Honorable Board.
5.
The City respectfully submits that its position in this matter is entirely consistent
with this Honorable Board's Supplemental Order of June
1, 2006, which clarifies and expands
upon the Board's Initial Interim Order of February 6, 2006. The text of that Order makes clear
that (pursuant to Section
33(c) and 42(h) of the Illinois Environmental Protection Act), not only
Board Member Melas, but the entire Board expects
a full, complete and detailed explanation as
to:
(1) how the landfill facility in question found itself in the condition it did as of the initiation
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, OCTOBER 5, 2006
of this enforcement action; (2) who was responsible for the condition of the landfill; (3) what (if
any)
Wher steps have been taken to address concerns raised by the State during the course of
this action.
6.
In response to the State's allegation that a "hearing" on the "proposed remedy" is
necessary in this matter, the City notes that at Page
4 of the Board's order of June 1, 2006, the
Board notes that the purpose of the Act (and the financial assurance obligations set forth therein),
are to ensure that neither health nor the environment is harmed from the operation of a municipal
solid waste landfill. The Board's June 1, 2006 goes further in noting that the Board must
interpret the Act as it applies
". .
.in each individual instance."
(Emphasis added). As indicated
in oral arguments had before Hearing Officer
Halloran earlier today, in his 106 pageodeposition,
expert witness Devin Moose has indicated that based upon the current status of activities which
have been undertaken at the facility in question, no eminent
and substantial threat to the human
health and the environment is posed by the facility in question. (See pp. 70-75).
As noted by
Mr. Moose in his deposition, the site is essentially closed, and for the past two years, site
characterization and preliminary closure activities have been undertaken by the City (pending
final resolution of the City's alleged status as a party responsible for the posting of closure,
post-
closure financial assurance) to assure that the human health andlor the environment are not
harmed. (See pp. 76-80 and Moose Deposition Exhibit
8). As such, (and as noted by Mr. Moose
in his deposition testimony), the purpose of the financial assurance provisions of the Act have
been squarely met.
In turn, accordingly, there is no immediate need for the conducting of a
remedy hearing in this matter, and the more paramount concern is affording all parties a
complete hearing on all issues and factors noted by the Board in its June 1,2006 order.
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, OCTOBER 5, 2006
7.
In summary, the City wishes to again make clear that it does not take sides with or
support one part or the other in this matter. Rather, the City's sole and controlling concern is that
it be afforded a full and fair hearing on all the evidence which exist
in this case.
8.
In turn, it is the City's fear that if it is not allowed to examine the Treasurer and
Chief Financial Officer of the Co-Respondent, Community Landfill Company,
Inc. in this matter,
it could be substantially prejudiced, and the tax payers of the City could face exposure for
literally millions of dollars of closure, post-closure obligations without having been afforded the
opportunity to fully and completely present its case. Put a different way, this Honorable Board
has consistently held in hearings such as this that for its own benefit (as well as the benefit of
each party to such an action) a complete and full hearing on all relevant evidence should be
.
conducted, and that the needs of all parties for a complete and full hearing should be satisfied.
The City would submit that the basic precepts of fundamental fairness established by this Board
required nothing less.
WHEREFORE, the City of Morris respectfully requests that the hearing in this matter be
continued until such time as both Edward and Robert
Pruim are physically and medically able to
testify in this matter.
Dated:
*/,+
Respectfully submitted,
.lV
-
J-
+#..esr
'*
,&
On behalf of the CITVOF MORRIS
,&
4'
(
GEirles F. ~elste?
.---.-.4-d+'
//one of Its Attorneys
Charles F. Helsten
Hinshaw
&
Culbertson LLP
100 Park Avenue
P.O. Box 1389
Rockford, IL 61 105-1389
81 5-490-4900
This document utilized 100% recycled paper products.
4
70502967~1 806289
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, OCTOBER 5, 2006
AFFIDAVIT OF SERVICE
The undersigned, pursuant to the provisions of Section 1-109 of the Illinois Code of Civil
Procedure, hereby under penalty of perjury under the laws of the United States of America,
certifies that on
-,2ff
,
2006, she caused to be served a copy of the
foregoing upon:
Mr. Christopher Grant
Assistant Attorney General
Environmental Bureau
188 W. Randolph St., 20th
F1.
Chicago, IL 60601
Mark
LaRose
Clarissa Grayson
LaRose
&
Bosco, Ltd.
200
N. LaSalle, Suite 2810
Chicago, IL 60601
Ms. Dorothy
Gunn, Clerk
Pollution Control Board
100 W. Randolph, Suite
1 1-500
Chicago, IL 60601
Bradley Halloran
Hearing Officer
Pollution Control Board
100 W. Randolph, Suite
1 1
Chicago, IL 60601
A copy of the same was enclosed in an envelope in the United States mail at Rockford, Illinois,
proper postage prepaid, before the hour of
5:00 p.m., addressed as above.
HINSHAW
&
CULBERTSON
100
Park Avenue
P.O. Box 1389
Rockford, IL 61 105-1389
(8 15) 490-4900
70415200~1 806289
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, OCTOBER 5, 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,
1
)
Respondents.
1
CERTIFICATE OF SERVICE
I
I, CHRISTOPHER GRANT, an attorney, do certify that I caused to be served this 5th day
of October, 2006, the foregoing Interlocutory Appeal of Hearing Officer Order, and Notice of
Filing, upon the persons listed on said Notice by hand delive
andlor overnig mail.
4-!
CHRISTOPHER GRANT
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, OCTOBER 5, 2006