1. NOTICE OF FILING
      2. COMPLAINANT'S REPLY
      3. 11. Deposition Testimony of Devin Moose
      4. BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
      5. Respondents.
      6. The deposition of DEVIN A. MOOSE, P.E., DEE
      7. taken before Linda A. Lance, C.S.R, R.P.R., a Notary
      8. Public in and for the County of McHenry, State of
      9. Illinois, taken at the offices of Shaw Environmental,
      10. Inc., 1150 N. Fifth Avenue, St. Charles, Illinois, on
      11. Wednesday the 2nd of August, A.D., 2006, scheduled at
      12. the hour of 1 ofclock but commencing' at 1:10 p.m.
      13. (312) 814-5388
      14. appeared on behalf of Complainant;
      15. P.O. Box 19276 Springfield, IL 62794-9276 (217) -782-5544
      16. EXHIBIT
      17. million dollars?
      18. Correct.
      19. And of that 2.6 million is post-closure care?
      20. we're going to give you the opportunity to discuss some
      21. of the things and I want to know about what you think
      22. needs to be done. I think that was in your disclosure
      23. 10 million dollars, the 7.4
      24. and 2.6 million dollars. Your client is the City of
      25. Morris. Have you discussed the various tasks and
      26. especially the amount of money that's required to do
      27. these tasks?
      28. afford to do closure at a, say, 7.4 million dollars and
      29. can talk, wetll talk about that separately. But as far
      30. as doing closure at 7.4 million dollars, can the City of
      31. Morris afford to do that?
      32. They tell me no.
      33. Did they give you an idea about how much
      34. 1 money they could afford to spend?
      35. A No.
      36. assume 2.6 million dollprs of post-closure care, have
      37. you discussed that separately with them, in other words,
      38. can the City of Morris afford to put up 2.6 million
      39. A No, I did not discuss it separately with
      40. them.
      41. Q You're familiar with the regulations. Can
      42. you tell me how with, with the current financial
      43. assurance that's in the'permit of 17 plus million
      44. dollars,if you wanted to, as you obviously think that's
      45. incorrect, how would you change the required amount of
      46. financial assurance?
      47. A I would implement a plan that focused on
      48. instead of financial assurance a series of tasks that go
      49. get into that, and I'm sure we will, I mean you'll agree
      50. that currently the permits for the landfill require at
      51. A I agree.
      52. CERTIFICATE OF SERVICE
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
PEOPLE OF THE STATE OF ILLLNOIS,
1
1
Complainant,
1
1
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.
)
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 13,2006, filed Complainant's
Reply with the Office of the Clerk of the Illinois Pollution Control Board, by electronic filing. A
copy is attached hereto, and served upon you.
BY:
Assistant Attorneys General
Environmental Bureau
188
W. Randolph St., 2oth Flr.
Chicago,
IL 60601
(312) 814-5388
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, OCTOBER 13, 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.
)
PCB No. 03-191
)
(Enforcement-Land)
1
)
)
COMPLAINANT'S REPLY
NOW COMES Complainant, PEOPLE OF THE STATE OF ILLINOIS, and respectfully
requests that the Board consider its Reply to the City of Morris7 Response to Motion for
Interlocutory Appeal. Pursuant to 35
Ill. Adm. Code 101.500(e), the Board will only consider a
under circumstances where the moving party may otherwise be subject to material prejudice.
Complainant believes that a Reply is appropriate in this case, because it believes that Respondent
City of Morris ("Morris") has provided an incomplete description of the status of compliance at
the Morris Community Landfill ("Landfill"). Because Complainant believes the deteriorating
conditions at the landfill provide a basis for immediate action by the Board, it believes that this
short Reply is necessary to avoid material harm.
I.
Witness Disclosure
Although the City of Morris had previously disclosed eight witnesses in response to the
State's discovery requests, it did not name Edward
Pmim as a witness until September 28, 2006,
less than one month before hearing, and six days after Respondent Community Landfill Co. had
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, OCTOBER 13, 2006
moved to cancel hearing on the basis of Edward Pruim's unavailability.
The State believes the
Board may draw its own conclusions about the timing of this late disclosure.
11.
Deposition Testimony of Devin Moose
Mr. Devin Moose, described as the "...City's primary technical consultant
..."
(Response,
p.3) was deposed on August 2,2006. At his Deposition Mr. Moose stated that the cost of closure
of Parcels A
&
B of the Morris Community Landfill was $7.4 MM (Exhibit A, at p. 62). He then
testified, as follows:
Q....Have you discussed the various tasks and especially the amount of money that's
required to do these tasks?
A. Yes.
Q. Does that City-can the City of Morris afford to do closure at a, say, 7.4 million
dollars
...
But as far as doing closure at 7.4 million dollars, can the City of Morris afford
to do that?
A. They tell me no.
Q. Did they give you an idea about how much they could afford to spend?
A. No.
(Exhibit A, pp. 62-3).
Mr. Moose's testimony shows the substantial harm to the State
from the City and CLC7s
violation of the
financial.assurance regulations. The City and CLC have failed to provide
compliant financial assurance for closure and post-closure care and now the situation has
seriously degraded. Closure costs have increased to $7.4 MM, but the City has not made
provision to cover closure costs. This is precisely the harm sought to be avoided by the financial
assurance regulations.
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, OCTOBER 13, 2006
The City's request that the status quo continue is irresponsible. The Board must act now,
and require that the Respondents immediately secure financial assurance for closure and post-
closure care of the Landfill.
RESPECTFULLY SUBMITTED
V~hristo~her
Grant
Assistant Attorney General
Environmental Bureau
188
W. Randolph St., 20th Flr.
Chicago, Illinois 60601
(312) 814-5388
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, OCTOBER 13, 2006
ORIGINAL
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
PEOPLE OF THE STATE OF ILLINOIS,
)
1
Complainant,
1
I
vs.
)
PCB NO. 03-191
)
(Enforcement-Land)
COMMUNITY LANDFILL COMPANY, INC.
)
an Illinois corporation, and the
)
CITY OF MORRIS, an Illinois
municipal corporation,
1
1
Respondents.
The deposition of DEVIN
A. MOOSE, P.E., DEE
taken before Linda A. Lance,
C.S.R, R.P.R., a Notary
Public in and for the County of
McHenry, State of
Illinois, taken at the offices of Shaw Environmental,
Inc., 1150 N. Fifth Avenue, St. Charles, Illinois, on
Wednesday the 2nd of August, A.D., 2006, scheduled at
the hour of 1 ofclock but commencing' at 1:10 p.m.
PRESENT
:
STATE OF ILLINOIS ATTORNEY GENERAL
BY:
MR. CHRISTOPHER J. GRANT,
Assistant Attorney General
188 W. Randolph Street, 20th Floor
Chicago, IL 60601
(312) 814-5388
appeared on behalf of Complainant;
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY
BY:
MR. BRUCE A. KUGLER, Assistant Counsel
1021 North Grand Avenue
1
I
I
I
1
I
P.O. Box 19276
Springfield, IL 62794-9276
(217) -782-5544
EXHIBIT
appeared on behalf of Illinois EPA$
%A
LT
LINDA LANCE REPORTING
--
847\658\6918
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, OCTOBER 13, 2006
million dollars?
Correct.
And of that
2.6 million is post-closure care?
Okay.
You're going to
--
Itm going to
--
we're going to give you the opportunity to discuss some
of the things and
I want to know about what you think
needs to be done.
I think that was in your disclosure
financing the total of the
10 million dollars, the 7.4
and
2.6 million dollars.
Your client is the City of
Morris.
Have you discussed the various tasks and
especially the amount of money
that's required to do
4
these tasks?
Does the City
--
can the City of Morris
afford to do closure at a,
say,
7.4 million dollars and
2.6 million
--
well,
the two, the post-closure care we
can talk,
wetll talk about that separately. But as far
as doing closure at 7.4 million dollars, can the City of
Morris afford to do that?
They tell me no.
Did they give you an idea about how much
LINDA LANCE REPORTING
--
847\658\6918
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, OCTOBER 13, 2006
63
.
i-
.
i
1
money they could afford to spend?
A
No.
. .
. .
. .
3
Q
As far as the post-closure care, then let's
, .
assume 2.6 million dollprs of post-closure care, have
you discussed that separately with them, in other words,
can the City of Morris afford to put up 2.6 million
dollars of
--
to assure post-closure?
A
No, I did not discuss it separately with
them.
Q
You're familiar with the regulations. Can
you tell me how with, with the current financial
assurance
that's in the'permit of 17 plus million
dollars,if you wanted to, as you obviously think that's
6'
incorrect, how would you change the required amount of
4
4
financial assurance?
A
I would implement a plan that focused on
instead of financial assurance a series of tasks that go
to the
--
Q
Before you
--
no,
I understand.
Before we
get into that, and
I'm sure we will, I mean you'll agree
that currently the permits for the landfill require at
least 17 million dollars of
--
A
I agree.
Q
--
closure, post-closure financial assurance?
LINDA LANCE REPORTING
--
847\658\6918
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, OCTOBER 13, 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.
)
CERTIFICATE OF SERVICE
I, CHRISTOPHER GRANT, an attorney, do certify that I caused to be served this 13th
day of October, 2006, the foregoing Reply and Notice of Filing, upon the persons listed on said
Notice by fax and first class mail [to Mr. Helsten and Mr. La Rose], hand delivery [to Hearing
Officer Halloran], and by first class mail only [to Mr. Belt].
CHRISTOPHER
LL
GRANT
,
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, OCTOBER 13, 2006

Back to top