BEFORE THE              

BOARD

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Cl FP~~v~’

PEOPLE OF THE STATE OF

LISA MADIGAN, Attorney                

General of the State of Illinois,

STATE

ILUNOIS

Complainant,                

Pollution Control Board

vs.

)

PCB No. 97-193

(Enforcement)

COMMUNITY LANDFILL COMPANY, INC.,

an Illinois corporation.

Respondent.

NOTICE OF FILING

PLEASE TAKE NOTICE that 

I have 

today, December 5, 2003,

filed with the Clerk of the Illinois Pollution Control Board,

Complainant’s Motion to File Third Amended Complaint, a copy of

which is attached and herewith served upon you.

Respectfully Submitted,

LISA MADIGAN 

Atto~1ey Genedal of the

S

of Illirfois

By:

7 ~

C~istopher Grant

A~s~istantAttorney General

E1~ironmental Bureau

188 West Randolph, #2001

Chicago, IL 60601

312-814-5388

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BEFORE THE

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CONTROL BOAR1~LERK’S

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PEOPLE OF THE STATE 0

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DEC

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rel. 

LISA MADIGAN,

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General of the State of Illinois, 

)

STATEOFILLINOIS

Pollution Control Board

Complainant,

vs.

)

PCB No. 97-193

COMMUNITY LANDFILL COMPANY, INC.,

an Illinois corporation.

Respondent.

MOTION TO FILE THIRD 

AMENDED 

COMPLAINT

NOW COMES Complainant, PEOPLE OF THE STATE OF ILLINOIS, by

LISA MADIGAN, Attorney General of the State of Illinois, and

moves the Board for leave to file its Third Amended Complaint.

In support thereof, Complainant states as follows:

1.  At the scheduled November 25, 2003 status hearing in

this matter, Complainant requested leave to file the instant

motion.

2.  Complainant filed its 22 Count Second Amended Complaint

on November 24, 1999. On October 2, 2002, the Board issued its

order granting partial summary judgment. Summary judgment was

granted in favor of complainant and against Respondent Community

Landfill Company on eleven counts, and in favor of Respondent on

three counts. An additional seven counts are to be resolved at

hearing, along with remedy/penalty issues.

3.  Since the Board’s grant of partial summary judgement,

the parties have engaged in additional discovery. In addition,

U

on September 11, 2003 and October 29, 2003 respectively,

Complainant deposed Respondent’s environmental consultant, and

the corporate representative of the Respondent.

4.  Based on the additional information received since the

Second Amended Complaint was filed, Complainant now seeks to file

its Third Amended Complaint.

5.  The proposed Third Amended Complaint consists of all

eighteen counts still before the Board for determination on

liability, penalty, or both. Complainant has not alleged any

additional violations. A copy of the proposed Third Amended

Complaint will be filed within seven days as a supplement to this

Motion.

6.  The proposed Third Amended Complaint adds two

individuals as Respondents: Mr. Edward Pruim, and Mr. Robert

Pruim. The individual respondents are owners and managers of

Respondent Community Landfill Company. Complainant alleges that

these individuals were personally involved in the day-to-day

operation of the company, and participated in the alleged

violations. Corporate officers may be held liable for violations

of the Act, along with a corporation, where their active

participation or personal involvement in the alleged violations

is shown. People v. C.J.R. Processing Inc., 269 Ill. App. 3d

1013 (3d fist. 1995) 

7.  Complainant’s amendment will not delay resolution of

this matter. Aside from clarifying undisputed facts for hearing,

Complainant does not believe additional discovery will be

required. Once the Amended pleadings are on file, Complainant

will be ready for hearing.

WHEREFORE, Complainant moves for leave to file its Third

Amended Complaint.

RESPECTFULLY SUBMITTED,

By:___

~h~istopher Grant

~istant Attorney General

Environmental Bureau

188 W. Randolph St., 

20th

Fir.

Chicago, Illinois 60601

(312) 814-5388

BEFORE THE ILLINOIS POLLUTION CONTROL BOARD

PEOPLE OF THE STATE OF ILLINOIS,

by LISA MADIGAN, 

Attorney General

of the State of Illinois,

Complainant,

PCB No. 97-193

COMMUNITY LANDFILL COMPANY, INC.,

an Illinois corporation.

Respondent.

vs.

)

CERTIFICATE OF SERVICE

I, CHRISTOPHER GRANT, an attorney, do certify that I caused

to be served this 5th day of December, 2003, Complainant’s Motion

to File Third Amended Complaint, 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.

SERVICE LIST:

Mr. Mark Larose

Ms. Clarissa Grayson

Larose & Bosco, Ltd.

734 N. Wells Street

Chicago, IL 60610

Mr. Bradley P. Halloran

Hearing Officer

Illinois Pollution Control Board

100 W. Randolph

Chicago, Illinois 60601

CHRISTOPHER 

GRANT