BEFORE THE
ILLINOIS POLLUTION CONTROL BOARD
~J~CE~VED
ERK’S OFFICE
PEOPLE
OF THE STATE OF ILLINOIS
Complainant,
vs.
)
)
COMMUNITY LANDFILL COMPANY,
)
INC., an Illinois corporation, and the CITY OF
)
MORRIS, an Illinois municipal corporation,
)
)
)
0CT122004
)
STATE OF ILLINOIS
)
Pollution Control Board
)
Case No.
PCBNo. 03-191
Respondents.
)
NOTICE OF FILING
Please take notice that on October 6, 2004
we have served upon the Complainant, People
of the State of Illinois,
the Supplemental
Response of City of Morris
to
the Complainant’s First
Set ofInterrogatories.
Dated October 6, 2004
HINSHAW & CULBERTSON LLP
100 Park
Avenue
P.O. Box
1389
Rockford, IL 61105-1389
815-490-4900
Respectfully Submitted,
Onbehalf ofthe CITY OF MORRIS
One of
Attorneys
This document utilized
100
recycled paper products
RECE~VED
CLERK’S OFFICE
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
OCT
122004
PEOPLE
OF THE STATE OF ILLINOIS,
)
STATE
OF ILLINOIS
)
Pollution
Control Board
Complainant,
)
)
)
)
PCBNo.03-191
COMMUNITY LANDFILL COMPANY, INC.,)
an Illinois Corporation, and the CITY OF
)
MORRIS,
an Illinois Municipal
Corporation,
)
)
Respondents.
)
SUPPLEMENTAL RESPONSE OF CITY
OF MORRIS TO
COMPLAINANT’S
FIRST SET OF INTERROGATORIES
NOW
COMES
the City of Morris, Illinois,
Respondent in
the above-mentioned
matter,
and
for further Answer to Interrogatories previously propounded by the State of Illinois, states as
follows:
INTERROGATORY NO. 7:
To
the best knowledge,
information and
belief,
the
City ofMorris was never billed directly by
Frontier Insurance Company until
the first past due
Premium Notice was received by the City
on or about December
27, 2002.
Attached hereto is
a
letter dated March 21,
2001
from T.J.
Adams Group Insurance and
Risk Management to
Robert
Feeney (then Mayor ofthe City of Morris) which
includes various attachments.
As
noted in
the
March
21,
2000
letter
to
Mayor
Feeney,
the
City
had
been
advised
by
Frontier
Insurance
Company’s
agent
and
representative
that
all
closure/post
closure
financial
bonds
in
question
which
had been procured
by
Community
Landfill
Corporation would
remain
in
full force
and
effect through the
2005
expiration dates, so
long
as annual renewal premiums were paid in full.
Since these bonds were originally procured by Community Landfill Company for the benefit of
both
CLC and the City, pursuant to
the
1982
Operating and Lease Agreement between CLC
and
70424211v1
806289
the
City,
all
such premium
notices were
sent on
by the
City of Morris
to
Community Landfill
Company, with a demand upon Community Landfill Companyto pay all such premiums.
INTERROGATORY NO.
8:
As
noted
in
the
City’s
further
answer
to
Interrogatory No.
7
above,
to
the best knowledge, information and belief of the City of Morris,
Community Landfill Company did all premium amounts due on all premium notices which were
issued by Frontier Insurance Company.
Copies ofall
such premium notices had been previously
supplied by the City to the State in response to the State’s Request for Production of Documents.
As
such,
and although
at various times,
closure/post closure coverage was obtained in
the name
of the City for the benefit of CLC,
since
(to
the best
knowledge,
information and belief of the
City
of
Morris)
Community
Landfill
Corporation
was
paying
or
making
arrangements
for
payment of all such premiums
as they came
due, no documents or files were
ever maintained in
the City Clerk’s office on premium payments.
INTERROGATORY NO.
10:
Attached hereto are several pages ofthe City’s most
recent
annual audit concerning various
bond payments.
The
1-80 Water
Tower Bond was paid
off in early 2002.
The interest rates
on
those bonds varied from
4.9-5.4
per
annum.
The
Municipal CompliancePlan Sewer Bonds
issued in
1994 will be paid off by December
1, 2004.
The
interest
rate
on
those
bonds
ranges
from
3-4.65
per
annum.
These
are
the
only
outstanding
bond
obligations
of the
City within
the
time
period
designated
by
the
State
in
its
discovery requests.
2
70424211v1
806289
Dated:________________________
Respectfully Submitted,
On behalf ofthe CITY OF MORRIS, an Illinois
Municipal Corporation
HINSHAW AND CULBERTSON
100 Park
Avenue
P.O. Box
1389
Rockford, IL 61105-1389
815-490-4900
By:
Charles F. Heisten
One ofIts Attorneys
3
70424211v1
806289
AFFIDAVIT OF SERVICE
The undersigned, pursuant to the provisions of Section 1-109 ofthe Illinois Code ofCivil
Procedure,
hereby under
peBalty of perjury
under the
laws of the United
States
of America,
certifies that on October
~
,
2004,
she served a copy of the foregoing upon:
Mr. Christopher Grant
Assistant Attorney General
Environmental Bureau
188 W. Randolph St., 20th Fl.
Chicago, IL
60601
Scott Belt
Scott Belt and Associates, PC
105
E. Main Street, Suite 206
Morris, IL
60450
Clanisa Grayson
Mark LaRose
LaRose & Bosco, Ltd.
200 N. LaSalle
Street, Suite 2810
Chicago, IL 60601
Ms. Dorothy Gunn, Clerk
Pollution Control Board
100
W.
Randolph, Suite 11-500
Chicago, IL 60601
Bradley Halloran
Hearing Officer
Pollution Control Board
100 W.
Randolph, Suite
11
Chicago, IL
60601
By
depositing
a
copy
thereof,
enclosed in
an
envelope
in
the United
States Mail
at
Rockford,
Illinois, proper postage prepaid, before the hour of 5:00 P.M., addressed as above.
L
.
HINSHAW & CULBERTSON
100 ParkAvenue
P.O. Box 1389
Rockford, IL 61105-1389
(815)
490-4900
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