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.
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PCB No. 03-191
(Enforcement-Land)
NOTICE OF FILING
PLEASE TAKE NOTICE that we have today, December 13,2007, filed with the Office
of the Clerk of the Illinois Pollution Control Board, by electronic filing, Complainant'sMotion
to Strike City
of Morris' Motion to Bar Punitive Damages, a copy of which is attached and
herewith served upon you.
Respectfully submitted,
PEOPLE OF THE STATE OF ILLINOIS
ex rei.
LISA MADIGAN
Attorney General
of the
State
Illinois
BY:
Electronic Filing - Received, Clerk's Office, December 13, 2007
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.
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PCB No. 03-191
(Enforcement-Land)
MOTION TO STRIKE CITY OF MORRIS' MOTION TO BAR PUNITIVE DAMAGES
NOW COMES Complainant, PEOPLE OF THE STATE OF ILLINOIS, by LISA
MADIGAN, Attorney General
of the State of Illinois, and requests that the Board strike the City
of Morris' ("Morris"')Motion to Bar Punitive Damages as untimely under the Board's
Procedural Rules. In support thereof, Complainant states as follows:
1.
The Complaint in this matter was filed on April 17, 2003. The City of Morris
("Morris") filed its answer on June 13,2003.
2.
On February 16, 2006, the Board granted Complainant'sMotion for Summary
Judgment, finding the Respondents
liabl~
for violation of 415 ILCS 5121(d)(2) (2004), and 35 Ill.
Adm. Code Sections 811.700(f) and 811.712.
3.
Hearing on the issue of remedy was held in the City of Morris on September 11-
12,2007, and all post-hearing briefs have now been filed with the Board.
4.
On December 6,2007, the City of Morris filed its Motion to Bar Punitive
Damages with the Board.
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Electronic Filing - Received, Clerk's Office, December 13, 2007
5.
Though styled as a 'Motionto Bar',the City'sMotion clearly is meant to
challenge the legal sufficiency
of the Complaint, i.e. to strike the request for a civil penalty in
Complainant's prayer for relief. As such, the City'sMotion is untimely. Section 101.506
of the
Board'sProcedural Rules,
35 Ill. Adm. Code 101.506 provides, as follows:
All Motions to strike, dismiss,
or challenge the sufficiency of any pleading filed
with the Board must be filed within 30 days after the service
of the challenged
document, unless the Board determines that material prejudice would result.
6.
The City'sMotion was required to be filed, if at all, no later than 30 days
following service
of the Complaint, and is now time barred.
7.
Moreover, Complainant is not seeking punitive damages from the Respondents,
and therefore no material prejudice can result
if the Board strikes the City'sMotion as untimely.
Civil penalties assessed under the Act are not 'damages',but rather administrative sanctions.
Environmental Protection Agency v. City ofChampaign.
PCB 1971-051 (September 16, 1971),
1971 WL 4357 (slip op. at
1). The purpose of civil penalties is remedial and not punitive.
People
v.
Bentronics Corporation,
PCB 1997-020 (October 17, 1996), 1996 WL 633410 (slip op.
at 4) (citing
Modine Manufacturing Co.
v.
IPCB,
193 Ill. App. 3d 643 (2d Dist. 1990)).1
8.
In the event that the Board denies this Motion to Strike, Complainant requests that
the Board grant it 14 days to respond to the City'sMotion.
IPunitive damages are available under Sections 55.3(h) and 22.2(k)
of the Act, 415 ILCS
5/55.3(h) and 5/22.2(k) (2006). Complainant is not seeking punitive damages under these
Sections, but rather civil penalties pursuant to Section 42(a)
of the Act, 415 ILCS 5/42(a) (2006).
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Electronic Filing - Received, Clerk's Office, December 13, 2007
WHEREFORE, Complainant, PEOPLE OF THE STATE OF ILLINOIS, respectfully
requests that the Board strike and dismiss Respondent CITY OF MORRIS' Motion to Bar
Punitive Damages.
RESPECTFULLY SUBMITTED
PEOPLE OF THE STATE
OF ILLINOIS
by
LISA MADIGAN,
Attorney General
of the State of Illinois
MATTHEW
J. DUNN, Chief
Environmental Enforcement/Asbestos
Litigation Division
ROSEMARIE CAZEAU,
Chief
Env' onmental Bure
North
BY:
RISTOPHER GRANT
JENNIFER TOMAS
Environmental Bureau
Assistant Attorneys General
69
W. Washington Street,#1800
Chicago, IL 60602
(312)814-5388
(312)814-0609
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Electronic Filing - Received, Clerk's Office, December 13, 2007
CERTIFICATE OF SERVICE
I, CHRISTOPHER GRANT, an attorney, do certify that I caused to be served this 13
th
day
of December, 2007, the foregoing Motion to Strike City of Morris' Motion to Bar Punitive
Damages, and Notice
of Filing, upon the persons listed below, by placing same in an envelope
bearing sufficient postage with the United States Postal Service located at 100
W. Randolph,
Chicago Illinois.
Service List
Mr. Mark La Rose
La Rose
&
Bosco
200 N. La Salle Street, #2810
Chicago, Illinois 60601
Mr. Charles Helsten
Mr. Richard Porter
Hinshaw
& Culbertson
100 Park Avenue
Rockford IL 61105-1389
CHRISTOPHER GRANT
Mr. Bradley P. Halloran
Hearing Officer
Illinois Pollution Control Board
100
W. Randolph Street
Chicago IL 60601
Mr. Scott M. Belt
105
E. Main Street
Suite 206
Morris IL
6045,0
Electronic Filing - Received, Clerk's Office, December 13, 2007
