ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, FEBRUARY 6, 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
.
People of the State of Illinois,
by LISA MADIGAN, Attorney
General of the State of Illinois,
Complainant,
-vs-
Community Landfill Company, Inc
.
Respondent
.
NOTICE OF FILING
PLEASE TAKE NOTICE that we have today, February
6,
2006,
filed with the office of the Clerk of the Illinois Pollution
Control Board, by electronic filing, Complainant's Motion to
Dismiss Certain Counts, copies of which are attached herewith and
served upon you
.
PCB
No .
04-207
PCB
No
.
97-193
(Consolidated)
(Enforcement)
BY :
PEOPLE OF THE STATE OF ILLINOIS
LISA MAD GAN
At orne General
the
S
Illinois
ISTOPHER GRANT
istant Attorney General
Environmental Bureau
188 W . Randolph St ., 20 th Flr .
Chicago, IL 60601
(312) 814-5388
ELECTRONIC FILING, RECEIVED, CLERKS OFFICE, FEBRUARY 6, 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 ILLIOIS,
by LISA MADIGAN, Attorney
General of the State of Illinois,
Complainant,
)
-vs-
Community Landfill Company, Inc
.
Respondent
.
COMPLAINANT'S MOTION TO VOLUNTARILY DISMISS CERTAIN COUNTS
ALLEGED AGAINST RESPONDENTS EDWARD PRUIM AND ROBERT PRUIM
NOW COMES Complainant, PEOPLE OF THE STATE OF ILLINOIS, by
LISA MADIGAN, Attorney General of the State of Illinois, and
hereby moves to voluntarily dismiss certain counts alleged
against Respondents EDWARD PRUIM and ROBERT PRUIM in case No
.
04-207 . In support thereof, Complainant states as follows
:
1
.
On May 21, 2004, Complainant filed its 19-count
complaint against Respondents Edward Pruim and Robert Pruim . The
PCB
ELECTRONIC FILING, RECEIVED, CLERKS OFFICE, FEBRUARY 6, 200 6
case was assigned as PCB 04-207 . On February 17, 2005, the Board
granted Respondents' Motion to consolidate PCB 04-207 with an
earlier-filed Community Landfill Company matter, PCB 97-193 . In
both cases, Complainant seeks relief in the form of a Board order
requiring all respondents to correct the alleged violations, and
the assessment of Civil Penalties
.
2
.
The consolidated cases had been set for hearing on
April 10, 2005, although this date may be continued by the
hearing officer .
3
.
Complainant now believes that dismissal of certain
counts alleged against Respondents Edward Pruim and Robert Pruim
in PCB 04-207 would be appropriate, and will not affect its
ability to obtain appropriate relief
..
4
.
In PCB 04-207, Complainant seeks dismissal, in favor of
Respondents Edward Pruim and Robert Pruim only of Count XIII
[Violation of Permit Condition 13]., Count XIV [Violation of
Permit Condition 1], Count XV [Violation of Permit Condition 9],
Count XVI [Violation of Permit Condition 11], and Count XVIII
[Violation of Permit Condition 17]
.
5
.
Complainant will continue to seek relief against
Respondent Community Landfill Company on these alleged violation,
pursuant to the Second Amended Complaint in PCB 97-193 and the
Board's grant of partial summary judgment in that matter
.
WHEREFORE, Complainant moves for voluntary dismissal of
Counts XIII, XIV, XV, XVI, and XVIII of the Complaint filed in
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, FEBRUARY 6, 2006
PCB 04-207
.
BY :
RESPECTFULLY SUBMITTED
PEOPLE OF THE STAT
OF ILLINOIS
LISA
DIGAN
Attor ey General of the
S at of Illino s
RISTOP R GRANT
sistant Attorney General
vironmental Bureau
188 W . Randolph St ., 20 Ch Flr
.
Chicago, IL 60601
(312) 814-5388
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, FEBRUARY 6, 2006
CERTIFICATEOFSERVICE
I,
CHRISTOPHER GRANT, an attorney, do certify that I caused
to be served this 6`" day of February, 2006, Complainant's
Motion to Dismiss Certain Counts upon the persons listed below by
placing same in an envelope bearing sufficient postage i
the
i
SERVICE LIST
:
Mr . Mark Larose
Ms . Clarissa Grayson
Larose & Bosco, Ltd
.
200 N. La Salle Street, #2810
Chicago, IL 60601
United States Postal Service located
/100
.
Randolp
Chicago
.
Mr. Bradley P . Halloran
Hearing Officer
Illinois Pollution Control Board
100 W . Randolph
Chicago, Illinois 60601 [via hand delivery]
[without exhibits]
