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
1
the CITY OF MORRIS, an Illinois
1
municipal corporation,
)
)
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 Motion for
Expedited Review, a copy of which is attached and herewith served upon you.
Respec fully Submitte
,
BY:
Assistant Attorneys 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
Complainant,
I
1
)
VS.
)
PCB No. 03-191
)
(Enforcement-Land)
COMhKJNITY LANDFILL COMPANY, INC.,
)
an Illinois corporation, and
1
the CITY OF MORRIS, an Illinois
)
municipal corporation,
)
)
Respondents.
)
COMPLAINANT'S MOTION FOR EXPEDITED REVIEW
NOW COMES Complainant, PEOPLE OF THE STATE OF ILLINOIS, and hereby
requests expedited review of its Interlocutorv
Appeal of Hearing Officer Order, and Motion for
Interim Relief, which are filed with the Board this same date. In support thereof, Complainant
states as follows:
,
1.
Along with this Motion for Expedited Review, Complainant has filed an
Interlocutory Appeal of the October 3,2006, Hearing Officer Order, and a Motion for Interim
Relief. In the Interlocutory Appeal, Complainant requests that the Board
overrule Hearing
Officer Bradley P. Halloran's decision to cancel the October 24-27,2006 hearing.
Complainant's Motion for Interim Relief requests alternative relief in the event the Board affirms
cancellation of the October 24-27 hearing date. Specifically, Complainant requests that the
/
Board order the Respondents to provide compliant financial assurance for closure/post-closure of
the M orris Community Landfill, with all remaining issues to be decided at a
hture hearing.
2.
On February 16,2006, the Board issued and Order finding that the Respondents
had violated Section
21(d)(2) of the Act, 41 5 ILCS 5/21(d)(2) (2004), and 35 Ill. Adm. Code
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, OCTOBER 5, 2006
Sections 8 1 1.700(f) and 8 1 1.7 12(b) (February 16,2006 Order, slip. op, at 16) In its decision the
Board stated that
"[ilt is undisputed that neither Morris nor CLC have provided adequate
financial
assurance" (slip. op at 15). The Respondent's Motions for Reconsideration were
denied on June 1,2006.
3.
On September 28,2006, Hearing Officer Bradley Halloran orally granted
Respondent Community Landfill Company's Motion to Cancel Hearing. The Written Decision
was entered on October 3,2006.
4.
Complainant believes that the Board should apply expedited review to these
Motions because of the serious nature of the violations, evidence that the violations continue, and
the fact that no substitute hearing date has been established. If expedited review of
Complainant's motions is not granted, the October 24-27,2006 hearing date will pass without
the Board even having had the opportunity to review these motions, and the Interlocutory Appeal
will fail regardless of its merits. Complainant believes that its Motion for Interim Relief should
be reviewed along with the Interlocutory Appeal, since this Motion provides the Board with an
alternative method of addressing issues created by the delay in hearing.
5.
Without expedited review of its Appeal and Motion for Interim Relief, the
ongoing violations may continue for an indeterminate period. Complainant will thereby be
prejudiced.
WHEREFORE, Complainant requests the Board grant its Motion and provide expedited
review to its Interlocutory Appeal of Hearing Officer Order, and Motion for Interim Relief.
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, OCTOBER 5, 2006
RESPECTFULLY SUBMITTED,
~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, OCTOBER 5, 2006
SUBSCRIBED AND SWORN TO BEFORE
me this
4th
DAY OF OCTOBER, 2006
JOY I.. HAM
NOTARY PUBLIC, STATE OF llllNOlS
I
VERIFICATION
I, CHRISTOPHER J. GRANT, an Assistant Attorney General with the Illinois Attorney
General's Office, Environmental Bureau North, being first duly sworn on oath, hereby attest and
state that the facts cited in the attached Motion for
best of my knowledge and true belief.
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, OCTOBER 5, 2006
t
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 MORFUS, an Illinois
municipal corporation,
Respondents.
)
CERTIFICATE OF SERVICE
I, CHRISTOPHER GRANT, an attorney, do certify that I caused to be served this 5th day
I
of October, 2006, the foregoing Motion for Expedited Review, and Notice of Filing, upon the
persons listed on said Notice by hand delivery
andlor overnight mail.
'/L
CHRISTOPHER GRANT
-
--
-
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, OCTOBER 5, 2006