BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
PEOPLE OF THE STATE OF ILLINOIS,
)
by
LISA MADIGAN, Attorney
General of the State of Illinois,
)
Complainant,
)
-vs-
)
)
EDWARD PRUIM, an individual, and
)
ROBERT PRUIM, an individual,
Respondents.
PCB No. 04-207
PCB NO. 97-193
)
(Consolidated)
(Enforcement)
PEOPLE OF THE STATE OF ILLINOIS,
)
by
LISA MADIGAN, Attorney
)
General of the State of Illinois,
1
)
Complainant,
)
-vs-
)
1
COMMUNITY LANDFILL COMPANY, INC.,
)
Respondent.
)
to: Mr. Mark La Rose, Ms. Clarissa Grayson
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
(Via Hand Delivery)
NOTICE OF FILING
PLEASE TAKE NOTICE that we have today, September 27,2006, filed with the Office
of the Clerk of the Illinois Pollution Control Board, by electronic filing, Complainant's Response
to the Respondents' Motion to Cancel Hearing, a copy of which is attached and herewith served
upon you.
-
-
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, SEPTEMBER 27, 2006
t
Respectfully Submitted,
PEOPLE OF THE STATE OF ILLINOIS
ex
rel.
LISA MADIGAN
BY:
Assistant Attorneys General
Environmental Bureau
188
W. Randolph St., 20th Flr.
Chicago,
IL 60601
(312) 814-5388
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, SEPTEMBER 27, 2006
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
PEOPLE OF THE STATE OF ILLINOIS,
)
by
LISA MADIGAN, Attorney
General of the State of Illinois,
)
Complainant,
)
-vs-
)
)
EDWARD PRUIM, an individual, and
ROBERT
PRUIM, an individual,
)
Respondents.
PCB No. 04-207
PCB NO. 97-193
)
(Consolidated)
)
(Enforcement)
PEOPLE OF THE STATE OF ILLINOIS,
by
LISA MADIGAN, Attorney
)
General of the State of Illinois,
)
Complainant,
1
)
-vs-
)
COMMUNITY LANDFILL COMPANY, INC.,
)
Respondent.
1
COMPLAINANT'S RESPONSE TO RESPONDENTS'
MOTION TO CANCEL HEARING
NOW COMES Complainant, PEOPLE OF THE STATE OF ILLINOIS, and responds to
the Respondents Motion to Cancel Hearing in these consolidated cases, as follows:
1.
On September 21,2006, the Board issued its Notice of Hearing for this case. The
Board's Notice set hearing for December
11 through December 14,2006.
2.
On September 22,2006, the Respondents filed their Motion to Cancel Hearing
1
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, SEPTEMBER 27, 2006
pursuant to 35 Ill. Adm. Code 101.510, requesting that the Board cancel hearing in this matter
indefinitely. Although Complainant believes that this Motion should have been directed to
Hearing Officer Bradley P.
Halloran and not to the Board, Complainant hereby submits its
Response. Complainant believes that insufficient information has been provided to grant or deny
the Respondents' Motion at this point. Complainant also notes that no substitute hearing date
has been provided by the Respondents, although required by 35
Ill. Adm. Code 101.5 10.
3.
The Respondents' request is based on the declining health of ~dward Pruim, one
of the Respondents in this case. Edward Pruim is an officer and, along with Community
Landfill Company ("CLC") President Robert Pruim, part owner of CLC.
4.
The State sympathizes with Mr. Pruim and his family and understands that
concerns about his health should be considered in determining when hearing should go forward.
However, the original case against Respondent CLC (now consolidated with 04-207) is almost
ten years old. Without assigning blame to any party for the delay, establishment of a hearing
date was a major step toward final resolution. All parties were consulted in setting the date, and
the schedules of all prospective witnesses accommodated. Therefore, rescheduling this hearing
for
reason is a step that should only taken after consideration of all the alternatives.
5.
The letters attached to Respondent's Motion are insufficient for making a proper
determination by the Hearing Officer or Board. Aside
from the letterhead and first few lines, the
letters are identical in form and substance. Each physician recommends that Mr.
Pruim's
condition be re-evaluated "in March 2007".
6.
Respondents have not proposed a date to reschedule the hearing, as required by
Section 10 1.5 10. The Hearing Officer or Board should consider all available options to preserve
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, SEPTEMBER 27, 2006
the December 1 1,2006 date. One option would be to sever the cases, and proceed to hearing as
scheduled against all other Respondents.
7.
In the event that the Board decides to reschedule hearing in the consolidated cases,
it should require that Edward
Pruim's health be re-evaluated on or about December 1,2006, that
an evaluation be provided in the form of an affidavit, and that the submitting physician be
available for deposition by Complainant. Complainant also believes that a tentative hearing date
should be established at this time, no later than March 1,2007. Because unavailability of
Respondents' witnesses (especially Mr. Michael
McDermont) resulted in a substantial delay in
setting the December
1 1, 2006 hearing date, Respondents should be required to confirm witness
availability for any rescheduled date at the present time, so that hearing is not further delayed.
WHEREFORE, Complainant requests that Respondent Community Landfill Company
Inc.'s Motion to Cancel Hearing in case 97-193104-207 (consolidated) be denied in part, and that
the Board impose the conditions described herein prior to cancelling or rescheduling the
December 11,2006 hearing.
--- -
Chstopher Grant
Assistant Attorney General
Environmental Bureau
188 W. Randolph St.,
20th Flr.
L
Chicago, Illinois 60601
.
(312) 814-5388
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, SEPTEMBER 27, 2006
CERTIFICATE OF SERVICE
I, CHRISTOPHER GRANT, an attorney, do certify that I caused to be sefied this 27th
day of September, 2006, the foregoing Response to the Respondents' Motion to Cancel Hearing,
and Notice of Filing, upon the persons listed on said Notice by facsimile transmission, hand
delivery,
andlor placing same in an envelope bearing sufficient postage with the United States
Postal Service located at 100
W. Randolph, Chicago Illinois.
CHRISTOPHER GRANT
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, SEPTEMBER 27, 2006