BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
PEOPLE OF THE STATE OF ILLINOIS,
Complainant,
VS.
COMMSJNITY LANDFILL COMPANY,
INC., an Illinois corporation, and
the CITY OF MORRIS,
an Illinois
municipal corporation,
Respondents.
TO: Christopher Grant
Environmental Bureau
Assistant Attorney General
188 West Randolph Street
20th Floor
Chicago, Illinois 60601
1
1
)
PCB No. 03-191
1
(Enforcement)
Charles F. Helsten
Hinshaw
&
Culbertson, LLP
1 00 Park Avenue
P.O. Box 1389
Rockford, Illinois 61 105-13
89
NOTICE OF FILING
Bradley Halloran
Hearing Officer
Illinois Pollution Control Board
100 West Randolph
Suite 11
Chcago, Illinois 60601
Scott Belt
Scott Belt and Associates, PC
105 East Main Street
Suite 206
Morris, Illinois 60450
PLEASE TAKE NOTICE
that on
OCTOBER
18,2006, 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, Chcago, Illinois 60601, the
RESPONDENT
COMMUNITY LANDFILL COMPANY,
INC.'s RESPONSE TO COMPLAINANT'S
MOTION FOR INTERLOCUTORY APPEAL,
a copy of whch is attached and hereby
served upon you.
Mark A.
LaRose
Clarissa C. Grayson
LAROSE
&
BOSCO, LTD.
Attorney No. 37346
200 North
LaSalle Street, Suite 2810
Chicago, Illinois 606 10
(3 12) 642-44 14
THIS FILING IS SUBMITTED ON RECYCLED PAPER.
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, OCTOBER 18, 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
PCB NO. 03-191
1
(Enforcement)
1
RESPONDENT COMMUNITY LANDFILL COMPANY, INC.'s
RESPONSE TO COMPLAINANT'S MOTION FOR INTERLOCUTORY APPEAL
Respondent COMMUNITY LANDFILL COMPANY, INC., ("CLC") by and through its
attorneys
LaRose
&
Bosco, Ltd. and pursuant to 35 111.Adm. Code 101.5 18, hereby responds to
Complainant's Motion for Interlocutory Appeal, and in support thereof, states as follows:
1.
In response to Hearing Officer Bradley Halloran's October 3, 2006 order granting
CLC's Motion to Cancel Hearing (see Order, attached as Exh. A), the Complainant filed a Motion
for Interlocutory Appeal on October 5,2006. CLC was sewed with Complainant's motion via UPS
Next Day Air on October 6,
2006.CLCYs response to this motion is timely filed pursuant to Section
101.500(d) of the Illinois Administrative Code whch provides that a party may file a response within
14 days after
sewice. 35 111.Admin.Code 101.500(d).
4.
In its Motion for Interlocutory Appeal, Complainant has not articulated the proper (or
any) standard under which the Board is to review Hearing Officer Halloran's order. Consistent with
Illinois law, a Hearing Officer's order is reviewed for an abuse of discretion. Joliet Sand and Gravel
Co. v.
IPCB, 163 Il1.App 3d 830, 833, 516 N.E.2d 955,958 (3dDist. 1987).
THIS FILING IS SUBMITTED ON RECYCLED PAPER.
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, OCTOBER 18, 2006
3.
In reaching his decision, Hearing Office Halloran considered CLC's motion,
Complainant's response and the City of Morris' response. (See Exh. A, p. 2). The Hearing Officer
also heard oral argument and took the matter under advisement prior to rendering
hs decision to
grant CLC's Motion. (See Exh. A, pp. 1-2).
4.
Hearing Officer Halloran's Order contains the following relevant language:
"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 the
hearing on 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."
(Exh. A, p. 2).
5.
It is clear from the language in hs order that Hearing Officer Halloran carefully
considered the parties' submissions, and additionally, provided each party the opportunity to argue
its respective positions prior to entering the order granting CLC's motion. Indeed, the Complainant
does not even suggest in its Motion for Interlocutory Appeal that Hearing Officer
Halloran abused
his discretion.
6.
Furthermore, CLC's substantial compliance with the Board Procedural
Rules is
apparent. It is common sense that due to the nature of
Mr. Pruim's illness, it was impossible to
propose a date to reschedule the hearing. The Hearing Officer's order set a status date in
ths matter
for December 7,2006. Again, the Complainant has not suggested that Hearing Officer Halloran's
actions even constitute an abuse of discretion in this regard.
7.
The Board should resist the Complainant's suggestion that it substitute its judgment
for that of
Mr. Pruim's physicians. His critical medical condition, as identified by his two primary
physicians, required postponement of the scheduled hearing.
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, OCTOBER 18, 2006
8.
If the Board required this matter to go to hearing this month, Mr. Edward Pruim
would be unable to testify which would result in reversible error.
WHEREFORE, based on the foregoing, Respondent
Comunity Landfill Company, Inc.
respectfully requests that the Illinois Pollution Control Board
DENY Complainant's Motion for
Interlocutory Appeal.
Respectfully submitted,
Attorney for Community Landfill Company
Mark
A. LaRose
Clarissa C. Grayson
LaRose
&
Bosco, Ltd.
200
N. LaSalle Street, Suite 28 10
Chcago, IL 60601
(3 12) 642-4414
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, OCTOBER 18, 2006
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 COMPANY, 1NC.s' RESPONSE
TO COMPLAINANT'S MOTION FOR INTERLOCUTORY APPEAL
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
lgth
day of
October 2006,
addressed as follows:
Christopher Grant
Environmental Bureau
Assistant Attorney General
188 West Randolph Street
20th Floor
Chcago, 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
1 00 Park Avenue
Illinois Pollution Control Board
P.O. Box 1389
100 West Randolph
Rockford, Illinois 6 1 105- 13 89
Suite 11-500
Chicago, Illinois 6060 1
One of the Attorneys for
co&unity Landfill Co.
Mark A.
LaRose
Clarissa C. Grayson
LaRose
&
Bosco, Ltd.
Attorney No. 37346
200 North LaSalle Street
Suite 28 10
Chcago, Illinois 606 10
(3 12) 642-4414
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, OCTOBER 18, 2006
ILLINOIS POLLUTION CONTROL BOARD
October 3,2006
Psllutlon
GTATE OF
Control
ILLINOIS
Board
PEOPLE OF THE STATE OF ILLINOIS,
1
Complainant,
1
1
V.
)
PCB 03-191
)
(Enforcement
-
Land)
COMMUNITY LANDFILL COMPANY,'
)
INC., and CITY OF MORRIS, an Illinois
1
municipal corporation,
Respondents.
HEARING OFFICER ORDER
On February 16,2006, the Board granted complainant's motion for summary judgment
and
directedthat 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.ofi theiisspei,ofremedy.-
.:,.
-.
:
..
..; .:.:.
i2
: .::
i;.:
:: ..;i:.r.:;:
.
:,
:, :
.....
..........
.." .: ;*,
....
.. -.- ... .-$
., .
::,,-
+. ..I.-
. .;.
,:..
..
-.
+;:;;;:
?,
.._...........
.,.. .. /
<a;,
.. - .,,,;;.>,
,y.!;
.................
...........
,*
............
............
.,,,
.
;<.?,,,.;<.
.
;- :-.- ;..-.
j
, ...
I. ............
, ..... ,-.. . ,>?
..:i.&
...............
...?!.......*......
.-......;...
:..-
.
i?
.. .. ... ,.
On Septepber 22,2006, respoqdent C.LC f!led;a.motion.to. cancel .the
........_
hearhig~,preyiously
.
scheduled for ,Octbb&r 247-25,26,'dd.27;
2006. ~n:~e$t&hbei
27,2~l,
the cornpliiiriant'filed a
response objecting to
CLC's motion to cancel the hearing. On September 28,2406, respindent
City of Morris (Moms) 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.'
CLC Motion To Cancel Hearing
CLC represents in its motion that Edward Pruirn, 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 fiom August 26,2006 to September 9,2006. Edward
Pruim was readmitted to the. hbspitil:onSeptember 11, 2006, with a blood clot on hislung..
,. .
Pruim
was released on's epteinber 1 7, 2006. '~iiall~,
CLC represents that ~dward Pruim is
recovering
.
.
at his home .and.is;receiving continued treatment for the blood clot and heart
C,ondltlOn;.,
. .
.. :,
...
-I
..:
.
:-::. ...-: :-. ::. .;.-- :. :,.: :,.:
,:.. .
.:. . , .. :,.;! .,-.: .:-:,
..
:: .
I
.;.
....
......
.....
.
. .
........
.....:...
. .
....
, .
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, OCTOBER 18, 2006
CLC's attachments to its motion include an affidavit from CLC'c attorney and letters
fiom Dr. Daniel Rowan, Edward Pruim's cardiologist and Dr. Timothy Wollner, Edward Pruim's
family physician. Both physicians state that Edward 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
necesszsy is a revelation. Finally, complai~ant
argues that Edward Pruirn'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
Moriis 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. Moms 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
Monis 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.
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
4.1:
00. a.m: Please note the-
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, OCTOBER 18, 2006
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.
~ra;dle~
P: Halloran
Hearing Officer
Illinois Pollution Control Board
'
James R. Thompson Center, Suite 11-500
100
W. Randolph Street
Chicago, Illinois 60601
312.814.8917
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, OCTOBER 18, 2006
CERTIFICATE OF SERVICE
It is hereby certified that true copies of the foregoing order were. mailed, first
class, on
~ctober 3,2006, to each of the persons on the attached semice 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. 11-500
Chicago, Illinois 60601
Bradley
P. Halloran
Hearing Officer
Illinois Pollution Control Board
James.R. Thompson Center
100 West Randolph Street, Suite 11-500
Chicago, Illinois 60601
'I
312.814;8917
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, OCTOBER 18, 2006
PCB 2003-191
PCB 2003-191
Charles F. Helsten
Clarissa C. Grayson
Hinshaw
&
Culbertson
LaRose
&
~osco; Ltd.
1 00 Park Avenue
200 North
LaSalle Street
P.O. Box 1389
Suite 28 10
Rockford, IL 61105-1389
Chicago, IL 60601
PCB
2003;191
Mark A. LaRose
LaRose
&
Bosco, Ltd.
200 North
~.&alle Street
Suite 28 10
Chicago,
IL 60601
PCB 2003-191
Christopher
J. Grant
Office of the Attorney
General
Environmental Bureau
188 West Randolph, 20th
Floor
Chicago, IL 60601
PCB 2003-191
Jennifer A.
Tomas
Office of the Attorney General
PCB 2003-191
Scott M. Belt
Scott
M. Belt
&
Associates,
n
r*
Environmental Bureau
r
.L.
188 West Randolph, 20th Floor
105
E. Main Street
Chicago, IL 60601
Suite 206
Morris, IL 60450
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, OCTOBER 18, 2006