BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
PEOPLE OF THE STATE OF ILLINOIS,
)
Complainant,
1
VS.
PCB No. 03-191
)
(Enforcement)
COMMUNITY LANDFILL COMPANY,
)
INC., an Illinois corporation, and
)
the CITY OF MORRIS, an Illinois
municipal corporation,
1
Respondents.
NOTICE OF FILING
TO: Christopher Grant
Environmental Bureau
Assistant Attorney General
188 West Randolph Street
20th Floor
Chicago, Illinois 60601
Charles F. Helsten
Hinshaw
&
Culbertson, LLP
1 00 Park Avenue
P.O. Box 1389
Rockford, Illinois 6 1 105-1 3 89
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, Chicago, Illinois 60601, the
RESPONDENT
COMMUNITY LANDFILL COMPANY,
INC.'s RESPONSE TO COMPLAINANT'S
MOTION FOR INTERIM RELIEF,
a copy of which is attached and hereby served upon you.
One
C$,,
of the Attorneys
C%
for cornmunit9
c&WL
Landfill Co.
Mark A.
LaRose
Clarissa C. Grayson
LAROSE
&
BOSCO, LTD.
Attorney No. 37346
200 North
LaSalle Street, Suite 28 10
Chicago, Illinois 606 10
(3 12) 642-4414
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.
)
)
PCB No. 03-191
1
(Enforcement)
1
RESPONDENT COMMUNITY LANDFILL COMPANY, INC.'s
RESPONSE TO COMPLAINANT'S MOTION FOR INTERIM RELIEF
Respondent COMMUNITY LANDFILL COMPANY, INC., ("CLC") by and through its
attorneys
LaRose
&
Bosco, Ltd. and pursuant to 35 111.Adrn. Code 101.500, hereby responds to
Complainant's Motion for Interim Relief, 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 Interim Relief on October 5,2006. CLC was sewed with Complainant's motion via UPS Next
Day Air on October 6, 2006. CLC's response to
ths motion is timely filed pursuant to Section
1
0 1.500(d) of the Illinois Administrative Code whch provides that a party may file a response within
14 days after service.
35 111.Admin.Code 101.500(d).
2.
Complainant's Motion for Interim Relief contain various arguments that are nothing
more than a rehash of its previous request for interim relief made in its Motion for Summary
Judgment filed on July 21,2005. The Board denied the Complainant's request for interim relief on
February 16,2006 by granting CLC's motion to strike this request. (See February 16,2006 Order, p.
THIS FILING IS SUBMITTED ON RECYCLED PAPER.
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, OCTOBER 18, 2006
13). The Board specifically found that it was "premature" to rule on the issue of penalty until
factual determinations have been made. (See February 16, 2006 Order, pp. 12-13). The Board
clearly is of the correct opinion that there must be a hearing before any relief, if proven to be
warranted, could be granted: for that
veryreason, it struck "references to the AGO'S request for relief
from the summary judgment pleading." (See February 16,2006 Order, p. 13). Consistent with its
previous ruling, the Board should deny the Complainant's Motion for Interim Relief
3.
Furthermore,
ths matter has not been "indefinitely delayed" as Complainant attempts
to characterize the factual situation. (Motion for Interim Relief,
p. 2). While Complainant attempts
to exaggerate the facts by suggesting that a hearing will not take place for the "foreseeable
future", it
clearly acknowledges that a status hearing has been set for December 7,2006 and that Mr. Pruim's
health will be reviewed in March 2007. (Motion for Interim Relief, p. 3). Clearly, these dates are in
the foreseeable future. It is common sense that due to the nature of
Mr. Pruim's illness, it was
impossible to suggest a proposed date. However, this does not remove the matter
fiom the realm of
foreseeability and does not justify the Complainant seeking (again) interim relief that has already
been denied to it by the Board. This matter has been pending for more than three
(3) years. There is
no allegation of imminent or irreparable harm that should prevent a reasonable postponement due to
an emergency medical situation.
4.
The Board has already noted that the parties have not yet analyzed the
33(c) and 42th)
factors
". .
.regarding an appropriate remedy, including civil penalty, if any, in this proceeding." (See
June 1,2006 Order, p.
5). This situation remains the same. There can be no imposition of relief, if
warranted, without factual findings in support of that relief. (See June 1,2006 Order, p.
5).
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, OCTOBER 18, 2006
WHEREFORE, based on the foregoing, Respondent Community Landfill Company, Inc.
respectfully requests that the Illinois Pollution Control Board DENY Complainant's Motion for
Interim Relief.
Respectfully submitted,
Attorney for Community Landfill Company
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 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 INTERIM RELIEF
by placing same in first-class
postage prepaid envelopes and depositing same in the U.S. Mail Box located at 200 North
LaSalle Street,
Chcago, Illinois, ths
lgth
day of
October
2006, addressed as follows:
Christopher Grant
Environmental Bureau
Assistant Attorney General
188 West Randolph Street
20th Floor
Chicago, Illinois 6060 1
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 61 105-1 3 89
Suite 11-500
Chicago, Illinois 6060 1
One of the Attorneys for Community Landfill Co.
Mark
A. LaRose
Clarissa C. Grayson
LaRose
&
Bosco, Ltd.
Attorney No. 37346
200 North LaSalle Street
Suite 28 10
Chicago, Illinois 6061 0
(3 12) 642-44 14
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, OCTOBER 18, 2006