BEFORE THE ILLINOIS POLLUTION CONTROL BOA~CE~V~D
PEOPLE OF THE STATE OF ILLINOIS, )
6 2304
Complainant,
)
~
U~
vs.
)
PCB No. 97-193 POLLU1~ON
coNmOl
BOARD
)
(Enforcement)
COMMUNITY LANDFILL COMPANY,
)
INC., an Illinois cOrporation,
)
)
Respondent.
)
NOTICE OF FILING
TO:
Ms. Dorothy Gunn, Clerk
Mr. Christopher Grant
Illinois Pollution Control Board
Assistant Attorney General
James R. Thompson Center
Environmental Bureau
100W. Randolph Street, 11-500
188W. Randolph, 20th Floor
Chicago, IL 60601
Chicago, IL 60601
Mr. Brad Halloran
Hearing Officer
illinois Pollution Control Board
100W. Randolph Street, Suite 11-500
Chicago,IL 60601
PLEASE. TAKE NOTICE that on January 6, 2004, we filed with the Clerk ofthe Illinois
Pollution Control Board an original and nine copies ofAGREED MOTIONFOR EXTENSION OF
TIME TO RESPOND TO MOTION FOR LEAVE TO AMEND COMPLAINT, a copy ofwhich is
attached and herewith served upon you.
Attorney for Respondent
Mark A. LaRose
Clarissa C. Grayson
Attorney No. 37346
LaRose & Bosco, Ltd.
734 N. Wells Street
Chicago,IL 60610
(312) 642-4414
Fax (312) 642-0434
THIS FILING IS SUBMITTED ON RECYCLED PAPER
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
RECEIIVED
PEOPLE OF THE STATE OF ILLINOIS,
)
Complainant,
)
JRN~2Ou4
)
vs.
)
PCB No. 97-193
~
C0NThø~BO~4fli)
)
(Enforcement)
COMMUNITY LANDFILL COMPANY,
)
INC., an Illinois corporation,
)
)
Respondent.
)
AGREED
MOTION FOR EXTENSION OF
TIME
TO RESPOND TO MOTION FOR
LEAVE TO AMEND COMPLAINT
This matter coming before the Illinois Pollution Control Board on the parties’ Agreed Motion
for Extension ofTime to Respond to Motion for Leave to Amend Complaint, Christopher Grant,
Assistant Attorney General, on behalfofthe People ofthe State ofIllinois, Complainant, and Mark
A. LaRose and ClarissaGrayson, LaRose & Bosco, Ltd., on behalfofCommuthtyLandfillCompany
(“CLC”), Respondent, and in support thereof, state as follows:
1.
During a telephonic status conference on November
25,
2003, Complainant stated
that it would be seeking leave to file a Third Amended Complaint in the above referenced matter and
would file its motion for leave on or before December
5,
2003. On November 26, 2003, Hearing
Officer BradleyHalloran entered and order directing Complainant to file its response on or before
January 9, 2004. (See Exhibit “A”).
2.
On December
5,
2003, Complainant filed the above referenced motion but did not
file the third amended complaint itself until December 30, 2003. Respondent CLC only received
a copy ofthe third amended complaint on January 2, 2004 which contains 19 Counts and is 50 pages
in length.
3.
Pursuant to the November
25,
2003 order, Respondent CLC’ s response to the
Jars ~
U~ U~UiP
F.
1’cj~p1a’1sm~ticrntn
fig,
third
~mnnd~Tmm~l~int~
due
on Frithy,
JanLuiry
c~,
2004. (guu
I~ghil,it
*~AI).Unless
granted
afl
oxtension, thai.
d~i.re
Woutd
allow Respondent only
one weekto review the
Pcop~e’sThird Amendcd complaint and 1Th
its response tq
tho
People’s
matien to
file amc~nilc~
ccanplainL
4,
Complainant does not havc an objection to
the Board’s
granting R.csporident
adcfitioirnl time
to
respond
to
tiit~
People’s motion to
file
third amended complaint.
WRI~R~FORE,
based on the
lbrcgoing,thcpartiesr spectfliflyr~questtha1
the Board grant
the
parties’ Agreed Motion for
t~nsiot~o(’Tiint~
Lu
Respond to Motion to File
Third Amcnøcd
ConiplainL
and
allow Respondent until
January
30,2004 to tile its response to Plaintiff’s
motion.
Respeetfuily Submitted,
PEOPU~OF TH STATE OF ILLINOIS,
stopl~rGrant
A4Istant
Aflomey
General
Christopher
Grant
Assistant Attorney
Gencral
Enviroiiincntal Bureau
I &~W~Randolph. 20th Floor
734 N. ‘vVJl~St~t
COMMUNITY LANDFILl,, COMPANY,
Clarissa (Irayson
Mark
A.
LaR~osc
CIaris~aA,Orayson
LaRos~~ Bosco, Ltd.
734 N. Wells Street
~ThIca~o
IT1 ~~ilu
(312)
642-4414
2
RECEZVEc~
CLERK’S OFFICE
NOV 2 6 2003
STATE OF IWNOIS
Pollution Control
Board
)
Complainant,
S
)
)
)
PCB97-193
)
(Enforcement
-
Land)
COMMUNITY LANDFILL COMPANY,
)
INC.,
)
)
Respondent.
)
•
HEARING OFFICER ORDER
On November 25, 2003, all parties participated in a telephonic status conference. The
complainant represented that it intends to file a motion for leave to file an amended complaint,
naming the owners of Community Landfill Company, Inc., on or before December 5, 2003. The
respondent was directed to file its response on or before January 9, 2004. The parties reported
that discovery is complete as to the above-captioned complaint, subject to the duty to seasonably
supplement.
The parties are reminded that a telephonic status conference with the hearing officer is
scheduled for February 24, 2004, at 9:00 a.m. The status conference must be initiated by the
complainant, but each party is nonetheless responsible for its own appearance. At the status
conference, thç parties must be prepared to discuss the status ofthe above-captioned matter and
their readiness for hearing.
IT IS SO ORDERED.
•
________
Bradley P. Halloran
Hearing Officer
Illinois Pollution COntrol Board
James R. Thompson Center, Suite 11-500
100 W. Randolph Street
Chicago, Illinois 60601
312.814.8917
ILLINOIS POLLUTION CONTROL BOARD
November 26, 2003
PEOPLE OF THE STATE OF ILLINOIS,
‘2
CERTIFICATE OF SERVICE
It is hereby certified that true copies olthe foregoing order were mailed, first
class, to each of the following on November 26, 2003:
Charles F. Heisten
Mark A. LaRose
Hinshaw & Culbertson
LaRose & Bosco, Ltd.
100 Park Avenue
734 North Wells Street
P.O.Box 1389
•
Chicago,IL 60610
Rockford, IL 61 105-1389
Christopher J. Grant
S
Assistant Attorney General
Office of the Attorney General
Environmental Bureau
S
188 W. Randolph Street, 20th Floor
Chicago, IL 60601
It is hereby certified that a true copy ofthe foregoing order was hand delivered to
the following on November 26, 2003:
Dorothy M. Gunn
S
Illinois Pollution Control Board
James R. Thompson Center
S
100 W. Randolph St.,, Ste. 11-500
Chicago, Illinois 60601
S
BradleyHearing,P. Ha~~
F ~
Illinois Pollution Control Board
James R. Thompson Center
100 West Randolph Street, Suite 11-500
Chicago, Illinois 60601
312.814.8917
CERTIFICATE OF SERVICE
The undersigned, an attorney, on oath states that she caused to be served a copy of the
foregoing AGREED MOTION FOR EXTENSION OF TIME TO RESPOND TO MOTION FOR
LEAVE TO AMEND COMPLAINT to the following parties ofrecord, by placing same in U.S.
Mail, postage prepaid, this 6th day of January, 2004:
Ms. Dorothy Gunn, Clerk
Illinois Pollution Control Board
James R. Thompson Center
100 W. Randolph Street
Chicago, IL 60601
Mi. Christopher Grant
Environmental Bureau
Assistant Attorney General
188 West Randolph Street, 20th Floor
Chicago, IL 60601
Mr. Brad Halloran
Hearing Officer
Illinois Pollution Control Board
James R.Thompson Center
100 W. Randolph Street
Chicago, IL 60601
~
Attorney for Respondent
Mark A. LaRose
Clarissa C. Grayson
Attorney No. 37346
LaRose & Bosco, Ltd.
734 N. Wells Street
Chicago,IIL 60610
(312) 642-4414
Fax (312) 642-0434