1. JAN26~0~
      1. NOTICE OF FILING
      2. THIS FILING IS SUBMITTED ON RECYCLED PAPER
      3. RESPONDENTS’ MOTION TO CONSOLIDATE WITH PCB NO. 97-193
      4. THIS FILING IS PRINTED ON RECYCLED PAPER
      5. CERTIFICATE OF SERVICE
JAN26~0~
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
~
~F
ILLINO,8
°fltroi
Board
PEOPLE OF THE STATE OF ILLINOIS,
)
by LISA MADIGAN, Attorney General of the
)
State ofIllinois,
)
)
Complainant,
)
EDWARD PRUIM, an individual, and
ROBERT PRUIM, an individual,
)
)
PCB No. 04-207
)
(Enforcement)
)
)
)
Respondents.
)
NOTICE OF FILING
TO:
Ms. Dorothy Gunn, Clerk
Illinois Pollution Control Board
James R. Thompson Center
100
W. Randolph Street,
11-500
Chicago, IL
60601
Mr. Bradley Halloran
Hearing Officer
Illinois Pollution Control Board
100 W. Randolph Street, Suite 11-500
Chicago,IL
60601
Mr. Christopher Grant
Assistant Attorney General
Environmental Bureau
188 W. Randolph, 20th Floor
Chicago,IL
60601
PLEASE TAKE NOTICE that on January 26, 2005, we filed with the Clerk ofthe Illinois
Pollution Control Board an original and nine copies ofRESPONDENTS’
MOTION TO
CONSOLIDATE WITH PCB
NO.
97-193, a copy ofwhich is attached and herewith served
upon you.
Mark A. LaRose
Clarissa C.
Grayson
Attorney No. 37346
LaRose & Bosco, Ltd.
200 N. LaSalle Street, Suite 2810
Chicago, IL 60601
(312) 642-4414
Fax (312) 642-0434
Attorney forRespondent
V.
THIS FILING IS
SUBMITTED ON RECYCLED PAPER
RECEIVED
CLERK’S OFFICE
-
JAN262005
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
STATE OF ILLINOIS
Pollution Control
Board
PEOPLE OF THE STATE OF
ILLINOIS,
)
by LISAMADIGAN, Attorney General ofthe
)
State ofIllinois,
)
)
Complainant,
)
)
V.
)
PCB No. 04-207
)
EDWARD PRUIM, an individual, and
)
ROBERT PRUIIM, an individual,
)
)
Respondents.
)
RESPONDENTS’ MOTION TO CONSOLIDATE WITH PCB NO. 97-193
RESPONDENTS, ROBERT PRUIM and EDWARD PRUIM, by and through their attorneys
LAROSE & BOSCO, LTD. herebymove the Illinois Pollution Control Board to consolidate PCB
No. 04-207 with anothermatter pending before the Board captioned People v. Community Landfill
Co., PCB No. 97-193, and in support thereof, state as follows:
1.
The Illinois Pollution Control Board (“the Board”) has the authority to
consolidate proceedings for the purpose ofhearing or decision or both.
35 Ill.Adm.Code
101.46.
The Board will consolidate proceedings if consolidation is in the interest ofconvenient, expeditious
and complete determinationofclaims, andif consolidationwould not cause material prejudice-to-any
party.
TheBoard willnot consolidateproceedings where theburdens ofproofvary. 35 Ill.Adm.Code
101.46.
-
THIS FILING IS
PRINTED ON RECYCLED PAPER
1
2.
The complaint in the presentmatter, PCB. No. 04-207 containsnineteen(19)
counts1
against Respondents, who are the principals of Community Landfill Co., the respondent in
PCB No. 97-193.
The factual and legal issues in the complaint in thepresent matter areidenticaLto~
those in the Second Amended Complaint in PCB No. 97-193.
The only differencebetweenthe two
complaints is that the allegations are directed toward the principals in PCB No. 04-207 and against
the corporation in PCB No. 97-193.
The Board routinely grants motions to consolidate where the
factual and legal issues arethe same. DuPage Publications Co.
v. illinois Environmental Protection
Agency, PCB No. 85-70.
The burdens ofproof are the same as both are enforcement cases.
3.
PCB No. 97-193 has been the subject of ongoing litigation.
The Board has
made numerous substantive rulings in this case, including rulings on summaryjudgment motions
brought by both sides.
The Board has ruledin favor ofCLC on four (4) counts, thereby dismissing
them.
Liability against CLC is still atissue in seven (7) counts. It is anticipated thatsimiiarmotions
will bebrought by both parties in PCB No. 04-207.
When thatprocess is completed, thematters will
be ready to proceedto hearing. Ifthe relatedmatters are consolidated, where similar ifnot identical
witness and expert testimony will need
to be heard by the Board only once instead oftwice.
The
same holds true fordocumentaryevidencewhich theBoard would needtcn-eview
niy-once instead
of twice.
4.
Neitherpartywill be prejudiced by consolidatingthe~ematters.However, if
the matters
are not
consolidated,
both
sides
would
be
prejudiced,
particularly
respondents,
if
required to duplicate their efforts by having to
present the same evidence twice.
1
Count XI of PCB No. 04-207
was dismissed by the Board on November 4, 2004
2
WHEREFORE, Respondents ROBERT PRLTIM and EDWARD PRUIM respectfullyrequest
that the Board grant their Motion to
Consolidate People v. Edward Pruim and Robert Pruim, PCB
No. 04-207, with People v.
Community Landfill Co., PCB No. 97-193.
Respectfully submitted,
One ofRespondent’s attorneys
Mark A. LaRose
Clarissa C.
Grayson
LAROSE & BOSCO, LTD.
200 North LaSalle Street, Suite 2810
Chicago, IL 60601
(312) 642-4414
Fax (312) 642-0434
AttorneyNo. 37346
3
CERTIFICATE OF SERVICE
The undersigned,
an
attorney,
on
oath
states that
she caused to
be
served
a copy of the
foregoing
RESPONDENTS’ MOTION TO
CONSOLIDATE WITH PCB NO.
97-193
to the
following parties ofrecord, by hand delivery this
26TH
day ofJanuary,
2005:
Mr. Christopher Grant
Environmental Bureau
Assistant Attorney General
188 West Randolph Street, 20th
Floor
Chicago, IL 60601
Ms. Dorothy Gunn, Clerk
Illinois Pollution Control Board
James R. Thompson Center
100
W. Randolph Street,
11-500
Chicago, IL
60601
Mark A. LaRose
Clarissa C. Grayson
AttorneyNo. 37346
LaRose & Bosco, Ltd.
200 N.
LaSalle Street
Suite 2810
Chicago, IL 60601
(312) 642-4414
Mr. Bradley Halloran
Hearing Officer
illinois Pollution Control Board
100 W. Randolph Street, Suite 11-500
Chicago,IL
60601
EILYLC ~D-
Attorney for Respondents

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