BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
PEOPLE OF THE STATE OF ILLINOIS,
)
1
Complainant,
1
1
vs.
)
PCB No. 04-207
1
(Enforcement
-
Land)
EDWARD
PRUlM and ROBERT PRUM,
)
Respondents.
)
1
PEOPLE OF THE STATE OF ILLINOIS,
)
Complainant,
)
)
VS.
)
)
PCB No. 97-193
)
(Enforcement
-
Land)
COMMUNITY LANDFILL COMPANY,
)
(consolidated)
INC.,
)
Respondent.
1
1
NOTICE OF FILING
TO: Christopher Grant
Environmental Bureau
Assistant Attorney General
188 West Randolph Street
20th Floor
Chicago, Illinois 60601
Bradley
Halloran
Hearing Officer
Illinois Pollution Control Board
100 West Randolph
Suite 11-500
Chicago, Illinois 60601
PLEASE TAKE NOTICE
that on
SEPTEMBER
22,2006, 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,
RESPONDENT ROBERT
PRfSI'S
kPG3
EE'iVARE
BRTJIPB'S PdOTION TO
CMJCEL IIEnJG,
a
copy of which
is attached and hereby served upon you.
One of the Attorneys for
~es~ondess
Mark A. LaRose
Clarissa C. Grayson
LAROSE
&
BOSCO, LTD.
Attorney No. 37346
200 North
LaSalle Street, Suite 28 10
Chicago, Illinois 60610
(3
12) 642-44 14
THIS FILING IS SUBMITTED ON RECYCLED PAPER.
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, SEPTEMBER 22, 2006
CERTIFICATE OF SERVICE
I, Clarissa C. Grayson, an attorney hereby certify that I caused to be served a copy of the
foregoing
RESPONDENT ROBERT PRUIM'S AND EDWARD PRUIM'S MOTION TO
CANCEL
same in the
HEARING
U.S. Mail Box
by
located
placing
at
same
200
in
North
first-class
LaSalle
postage
Street,
prepaid
Chicago,
envelopes
Illinois, this
and
22"
de
9
ositing
day of
September
2006, addressed as follows:
Christopher Grant
Bradley
Halloran
Environmental Bureau
Hearing Officer
Assistant Attorney General
Illinois Pollution Control Board
188 West Randolph Street
100 West Randolph
20th Floor
Suite 11-500
Chicago, Illinois 60601
Chicago, Illinois 60601
me-+
One of the Attorneys for ~es~ondenty
Mark A. LaRose
Clarissa C. Grayson
LAROSE
&
BOSCO, LTD
Attorney No. 37346
200 North LaSalle Street
Suite 28 10
Chicago, Illinois 60610
(3 12) 642-44 14
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, SEPTEMBER 22, 2006
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
PEOPLE OF THE STATE OF ILLINOIS,
)
)
Complainant,
1
VS.
)
PCB No. 04-207
1
(Enforcement
-
Land)
EDWARD PRUIM and ROBERT PRUIM,
)
1
Respondents.
)
)
PEOPLE OF THE STATE OF ILLINOIS,
)
1
Complainant,
1
VS.
)
PCB No. 97-193
1
(Enforcement
-
Land)
COMMUNITY LANDFILL COMPANY,
)
(consolidated)
INC.,
1
Respondent.
RESPONDENTS COMMUNITY LANDFILL COMPANY, INC., EDWARD PRUIM AND
ROBERT PRUIM'S MOTION TO CANCEL
HEARING
Respondents COMMUNITY LANDFILL COMPANY, INC., EDWARD PRUIM and
ROBERT PRUIM, by and through their attorneys
LaRose
&
Bosco, Ltd. and pursuant to 35 111.Adrn.
Code 101.5 10, hereby move the Illinois Pollution Control Board to cancel the hearing in this matter
scheduled for December 11-15,2006 and in support thereof, state as follows:
1.
This matter is currently scheduled for hearing on December 1 1-1 5,2006, although a
Notice of Hearing has not yet been issued.
2.
This motion is timely filed pursuant to 35
111.Adm. Code 101.510(a) which requires
that this Motion to Cancel Hearing be filed no fewer than ten (10) days before the scheduled hearing
date, or December 1, 2006.
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, SEPTEMBER 22, 2006
3.
The factual basis for the Motion to Cancel Hearing is set forth herein, in the Affidavit
of Clarissa Cutler
Grayson (attached as Exh. A and incorporated herein), and in the letters fiom Mr.
Pruim's physicians, Dr. Daniel Rowan, his cardiologist (see Dr. Rowan letter dated September 21,
2006, attached to the Affidavit as Exh. 1) and Dr. Timothy Wollner, his family physician (see Dr.
Wollner letter dated September 21,2006, attached to the Affidavit as Exh. 2).
4.
Edward Pruim, SecretaqdTreasurer of CLC, recently underwent emergency quintuple
bypass surgery which was complicated by the presence of an aortic aneurism. (See Exh. A,
7
3 and
attached Exhs. 1 and 2). Mr. Pruim was hospitalized fiom August 26-September 9,2006 at both
Palos Community Hospital and Christ Hospital. (See Exh. A,
7
3 and attached Exhs. 1 and 2). Mr.
Psuim was readmitted to Christ Hospital on September 11,2006 with a blood clot on his lung, and
after receiving treatment for this condition, he was released on September 17,2006. (See
Exli. A,
7
3
and attached Exhs. 1 and 2). He is currently recovering at his home and is receiving continued
treatment for the blood clot and heart condition. (See Exh. A,
7
3 and attached Exhs. 1 and 2).
5.
In the professional opinion of his physicians, Mr. Pruim is unable to undergo any
stressful work-related activities for at least 5-6 months, including any participation by way of
testimony or preparation in the legal proceedings now scheduled before the Illinois Pollution Control
Board on December 11-15, 2006. (See Exh.
A,
7
4 and attached Exhs. 1 and 2).
The stress of
having to prepare for and testify in this matter could seriously and adversely affect Mr.
Psuim's
recovery and health. (See Exh. A,
7
4 and attached Exhs. 1 and 2). He is physically unable to either
prepare for or participate in the hearing scheduled for December 11-15,2006. (See Exh. A,
7
4 and
attached Exhs. 1 and 2).
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, SEPTEMBER 22, 2006
6.
In the opinion of Mr. Pruim's physicians, his physical condition should be reviewed
in March, 2007 for his ability to participate in this proceeding. (See Exh. A,
7
5
and attached Exhs. 1
and 2).
7.
The
hstory of this matter's proceedings is set forth in the attached Affidavit of
Clarissa Cutler
Grayson. (See Exh. A,
7
6).
8.
No previous cancellation requests have been made in this matter. (See Exh. A,
7
7).
This is the first cancellation request that has been made. (See Exh. A,
7
7).
9.
Edward Pruim's participation in preparation, attendance and testimony is necessary
for the defense of this case.
10.
This motion to cancel the hearing should be granted pursuant to
35
111.Adm. Code
101.5
10(b) as the attached affidavit and Exhibits 1 and 2 to the affidavit demonstrate that the request
is not made as the result of the movant's lack of diligence. (See Exh. A and attached Exhibits 1 and
2)
WHEREFORE, Respondents Community Landfill Company, Inc., Edward Pruim and Robert
Pruim respectfully requests that Hearing Officer Bradley
Halloran grant their Motion to Cancel
Hearing pursuant to
35
1ll.Adm. Code 101.5 10, and set the matter for status in March, 2007.
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, SEPTEMBER 22, 2006
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, SEPTEMBER 22, 2006
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
PEOPLE OF THE STATE OF ILLINOIS,
)
)
Complainant,
1
VS.
PCB No. 04-207
(Enforcement
-
Land)
EDWARD PRUIM and ROBERT PRUIM,
)
)
Respondents.
PEOPLE OF THE STATE OF ILLINOIS,
)
1
Complainant,
1
VS.
PCB No. 97-193
)
(Enforcement
-
Land)
COMhKJNITY LANDFILL COMPANY,
)
(consolidated)
INC.,
)
Respondent.
AFFIDAVIT OF CLARISSA CUTLER
GRAYSON
I, CLARISSA CUTLER GRAYSON, being duly sworn on oath and affirmation, do hereby
depose and state as follows:
1.
I am one of the attorneys for Community Landfill Company, Inc. ("CLC") and am a
partner in the law firm of
LaRose
&
Bosco, Ltd. which represents CLC in the above referenced
matter currently pending in the Illinois Pollution Control Board.
2.
The factual basis for the Motion to Cancel Hearing is set forth herein and in the letters
from his physicians, Dr. Daniel Rowan,
Mr. Pruim's cardiologist (see Dr. Rowan letter dated
September 22, 2006, attached to this Affidavit as Exh.
1) and Dr. Timothy Wollner, Mr. Pruim's
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, SEPTEMBER 22, 2006
familyphysician (see Dr. Wollner letter dated September 21,2006 attached to this Affidavit as Exh.
2).
3.
I have been informed that Edward Pruim, SecretaryITreasurer of CLC, recently
underwent emergency quintuple bypass surgery which was complicated by the presence of an aortic
aneurism. (See attached Exhs.
1 and 2). I have been informed that Mr. Pruim was hospitalized from
August 26-September 9,2006 at both Palos Community Hospital and Christ Hospital. (See attached
Exhs. 1 and 2).
I have been informed that Mr. Pruim was readmitted to the hospital on September
11, 2006 with a blood clot on his lung, and after receiving treatment for
ths condition, he was
released on September 17, 2006. (See attached Exhs. 1 and 2).
I have been informed that he is
currently recovering at his home and is receiving continued treatment for the blood clot and heart
condition. (See attached Exhs. 1 and 2).
4.
I have been informed that in the professional opinion of his physicians, Mr. Pruim
will be unable to undergo any stressful work-related activities for at least 5-6 months and that this
would include any participation by way of testimony or preparation in the legal proceedings now
scheduled before the Illinois Pollution Control Board on December 11-15,2006. (See attached Exhs.
1 and 2).
I have been informed that the stress of having to prepare for and testify in this matter could
seriously and adversely affect Mr. Pruim's recovery and health and that Mr. Pruim is physically
unable to either prepare for or participate in the hearing scheduled for December 11-15,2006. (See
attached Exhs.
1 and 2).
5.
I have been informed that in the opinion of Mr. Pruim's physicians, his physical
condition should be reviewed in March, 2007 for his ability to participate in this proceeding. (See
attached Exhs.
1 and 2).
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, SEPTEMBER 22, 2006
6.
The history of this matter's proceedings is as follows. OnMay 1,1997, Complainant
filed its first complaint in the 1997 matter naming CLC as the sole respondent and contained six
(6)
counts alleging violations relating to managing refuse and litter, leachate flow, landscape waste,
financial assurance, failure to file a significant modification permit, and water pollution.
Complainant then filed a First Amended Complaint on April 3, 1998 with CLC again as the sole
respondent. The First Amended Complaint included four (4) additional counts alleging violations
relating to overheight of the landfill.
On November 24, 1999, over
CLCYs strenuous objections, complainant filed a Second
Amended Complaint, again only naming CLC as respondent. The Second Amended Complaint
included twelve (12) additional counts, for a total of twenty-two counts, alleging violations relating
to asbestos, used tires, the gas collection facility,
leachate disposal, final cover, financial assurance,
and failure to provide revised cost estimates.
On April 5,2001, the Board ruled against CLC on its motion for
surnmaryjudgment in regard
to Counts V and XII of the Second Amended Complaint. CLC filed a motion for reconsideration on
May 15,2001. On July 26,2001, the Board reversed its decision on Count XII by finding in favor
of CLC on liability and dismissing that count. The Board affirmed its ruling against CLC on Count
V and ordered a hearing on penalty.
On October 3,2002, the Board issued an extensive order regarding the parties' cross-motions
for summary judgment in the 1997 case against CLC. The Board found in favor of CLC on Counts
XI,
XVIII, and XXII of the Second Amended Complaint and dismissed those counts against CLC.
The Board denied the Complainant's motion for Summary Judgment on Counts
I, 11, VI, XV, XVII,
XIX (in part) and XX of the Second Amended Complaint, and ordered a hearing on liability on those
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, SEPTEMBER 22, 2006
counts. Finally, the Board found in favor of Complainant on Counts III,
N,
V, VII, VIII, IX, X, XD,
XIV, XVI, XIX (in part) and XXI and ordered a hearing on penalty on those counts. (See Exh. C).
On December 5, 2003, Complainant filed a motion before the Board wherein it requested
leave to file its
Thrd Amended Complaint naming Edward Pruim and Robert Pruim, the principals
of CLC, as additional respondents. That motion was unanimously denied by the Board on March 18,
2004. (See Exh. A). On May 21,2004, Complainant then filed a complaint against Edward Pruim
and Robert Pruim individually, which, after the Board dismissed Count
XI. of the 2004 complaint,
left eighteen (1 8) counts remaining against Edward Pruim and Robert Pruim individually. Because
the underlying allegations in the 1997 and 2004 cases are identical, the Board consolidated them on
February 17,2005.
On September 10,2004, Edward Pruim and Robert Pruim filed motions to dismiss
whch
were denied by the Board on November 4,2004. Edward Pruim and Robert Pruim answered the
complaint on January 4,2005. Because the underlying allegations in the 1997 and 2004 cases are
essentially identical, the Board consolidated the matters on February 17,2005.
On January 13,2006, Edward Pruim and Robert Pruim filed motions for summary judgment
which were denied by the Board on April 20,2006. On May 30,2006, Edward Pruim and Robert
Pruim filed a motion for reconsideration which was denied by the Board on June 15,2006. On June
27,2006, the matter was scheduled for hearing on December 11-15,2006.
7.
No cancellation requests have been granted in
ths proceeding. This is the first
request for cancellation that has been made.
8.
The information contained in this Affidavit is based on my personal knowledge. If
called upon to do so, I could competently
testi& to same.
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, SEPTEMBER 22, 2006
Further, Affiant sayeth naught.
Clarissa
ac*+
Cutler Grayson
SUBSCRIBED AND SWORN TO
before me this&
day of
OFFICIAL SEAL
ELIZABETH
DALECCIO
September, 2006
NOTARY PUBLIC -STATE OF ILLINOIS
UOTARY
PUBLIC
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, SEPTEMBER 22, 2006
SEP. 22. 2006
2: 24PM
CVC
NO, 31
6
Po
2/2
Cardiovmculur
Consultdnts,
LLP
THOMAS J. QUINN,
M,D,
P.A,C.C,,
BAGP.
JOSEPH
%
MULA-&
MID,
RA.C.C.
DANIELA. ROWAN, DO,,RAC,C,M.C.E, P.S.CA.1,
Ms, Clarissa
Cutler Grapon
LaEose
&
Bosco, Ltd,
200 N, LaSalle Street, Suite 2810
Chicago, TL, 60602
Re:
Edward Pruim
Dear
MB,
Ckayson:
I am a cardiovawoular phy-sician
and
have prwticed medioina for 20
yeas,
Edward Pruim has
been
my patient for one month,
and
I
am
quite familiar with his medioal history.
Mr.
Prulm recently underwent mergmcy quintuple bypass
surgery,
which was complicated by
the presence of
an
aortic aneurysm, Mr. Pdm was hospitalized fiom August 26
-
Sqtember
9,
2006 in both Palos Community Hospital and Christ Hospital. I performed
m
angiograrn and
examined him numerous times duri,ng this hospitalization. Mr. Pruim wag readmitted to Chrkt
Hospital on September I. 1,2006 with a blood dot
on
hi%
lung,
After
raceiving treatment for
this
condition, he
was
released on September 17,2006, He is currantlyrecovering at his home
and
is
receiving .continued treatment for
tha
blood clot and heart condition, I
am
continuing to monitor
hisis
physical condition,
In
my professional opinion, Mr.
Pdm
will be unable to undergo any stressful work-related
activities for at least 5-6 months, This
would
include
any
participation by way of testimony or
preparation irr the legal proceedings
now
~cheduled before the Illinois Pollution Control Board on
October
24.27,2006
and December
11~15,2006,
The stress related to having to
prepare
for and
testify
in
a legal matter could seriously
and
adversely affect Mr.
Pruim's
recovery and health,
As
his physician, I advise you that it is
my
opinion that Mr. Pruim is phpically unable to either
prepare for or participate in these hearings at this time, It would be my recommendation that his
phpical condition be reviewed in March,
2007,
at which time I would be happy to again render
an opinion
as
to his ability to participate in these legal proceedings.
Thank you, B you have
any
furth$r questions for me, please do not hesitate to ooatact me,
Daniel
A.
Rowan, D,O., FACP,
FACC
PtTYSICIANS PAVlUON
-
2850
Wcst
35th
Street,
Suite
305
EVERGREEN
PARK,
Illinois
60805-2735
LCM DIAGNOSTIC CENTER
-
12432
South Hadern
Avcnue PALOS
I-IEICHTS, Illinois
60463-14am
Xlophonc
(708)
425-7272
-
Fax
(708)
422-6773
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, SEPTEMBER 22, 2006
DR.ELSER DR. WOLLNER
PAGE
01
Timothy
S.
WoUner,
R.O., A.R.F.P.
John
C.
Elser, M.D., A.B.B.P.
Family Tractice
3754
West
95"'
Street
Evergreen Park,
XL
60805
Ms. Clasissa Cutler Grayson
LaRose
&
Bosco, Ltd.
200 Nofi LaSalJe Street, Suite 28 10
Clxicago, IL 60601
Re; Edward. Pnrim
Dear .Ms. Gryson:
T have been Ed.ward Pri~irn's
Faxnily
Ph.ysicia11 for over ten, years. Mr. Pnrin~.
recantly
underwent e.mergency quintuple bypass surgery wliich
was
com,pf.icated by the presence
of an
a0rtj.c
aneuris~n. Mr. Pruim was hospitalized from August 26
-
September 9,2006
at both, Palos Communjty Hospital and Chtist Hospital.
J.
examined him nLlinerous tilncs
during his bospitalza~ion. Mr. Pruim was readmitted to tlic l~ospital on Septem.ber 11,
2006 with a blood clot on his lung. AAer receiving treatment for this condition, he was
relensed on September: 17,2006. He is currently
recovering
at lfts h,otns and is receiving
co~rtinued .~res.tmei~t
for the blood clot
and
heart condition.
5:
mn
continning to monitor
liis physical. condition..
In my professional opinion, Mr. Pruim will be un.able to ~md.crgo any
stressful
wol:1<-
rel.ated aot,i.vities for
at
least 5 to 6 m.ol~fis.
This
wou1.d izc1ud.e any p&.ci.patio by way
of
testimony or preparation in
the
legal proceedings now scheduled $or October 24
-
27,
2006 and December 11
-
15,2006. The
st~oss
related to having to prepare for and. testj:f?y
in a legal .lroatter oould seriously and adversely affiict Mr. Pruirn's recovery and l~enlth.
As
his
pl~ysici.ats, I advise you that it is my opinion
that
Mr. Pruim
is physicaJ,
unable to
either prepme for or participate
hi
tb,ese 11euin.g at this time. It would be my
reco&e~~dation that
his
physical coildition be reviewed in March, 2007
at
whi.ci3 time
1.
would be happy to n.oti.fy you as to his ability to participate in these leg4 procced.ings.
Thad you. If you have any further qu,cstion.s for me, please do not hesitate to contact
me.
Sincerely,
/g
~/@o,
&@'P
Timothy
S.
WoUner, D.O., A.B.P.P.
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, SEPTEMBER 22, 2006
