BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
PEOPLE OF THE STATE OF ILLINOIS,
Complainant,
VS.
COMMUNITY LANDFILL COMPANY,
INC., an Illinois corporation, and
the CITY OF MORRIS, an Illinois
municipal corporation,
Respondents.
1
)
PCB No. 03-191
1
(Enforcement)
)
)
1
NOTICE OF FILING
TO: Christopher Grant
Environmental Bureau
Assistant Attorney General
188 West Randolph Street
20th Floor
Chicago, Illinois 60601
Charles F. Helsten
Hinshaw
&
Culbertson, LLP
100 Park Avenue
P.O. Box 1389
Rockford, Illinois 61 105-1389
Bradley
Halloran
Hearing Officer
Illinois Pollution Control Board
100 West Randolph
Suite 11
Chicago, Illinois 60601
Scott Belt
Scott Belt and Associates, PC
105 East Main Street
Suite 206
Morris, Illinois 60450
PLEASE TAKE NOTICE
that on
SEPTEMBER
22,2006, the undersigned caused to
be electronically filed with Ms. Dorothy Gunn, Clerk of the Illinois Pollution Control Board,
100 West Randolph Street, Suite 11-500, Chicago, Illinois 60601, the
RESPONDENT
COMMUNITY LANDFILL COMPANY,
INC.'s MOTION TO CANCEL HEARING,
a
copy of which is attached and hereby served upon you.
One
&c.&
of the Attorneys for Community ~vndfill Co.
Mark A.
LaRose
Clarissa C. Grayson
LAROSE
&
BOSCO, LTD.
Attorney No. 37346
200 North
LaSalle Street, Suite 28 10
Chicago, Illinois 60610
(3 12) 642-4414
THIS FILING IS SUBMITTED ON RECYCLED PAPER.
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, SEPTEMBER 22, 2006
CERTIFICATE OF SERVICE
I, Clarissa C. Grayson, an attorney hereby certify that I caused to be served a copy of the
foregoing
RESPONDENT COMMUNITY LANDFILL COMPANY, INC.s' MOTION TO
CANCEL
HEARING
by placing same in first-class postage prepaid envelopes and depositing
same in the U.S. Mail Box located at 200 North LaSalle Street, Chicago, Illinois, this 22nd day
of
September
2006, addressed as follows:
Christopher Grant
Environmental Bureau
Assistant Attorney General
188 West Randolph Street
20th Floor
Chicago, Illinois 60601
Scott Belt
Scott Belt and Associates, PC
105 East Main Street
Suite 206
Morris, Illinois 60450
Charles
F. Helsten
Bradley Halloran
Hinshaw
&
Culbertson, LLP
Hearing Officer
100 Park Avenue
Illinois Pollution Control Board
P.O. Box 1389
100 West Randolph
Rockford, Illinois 61 105-1389
Suite 11-500
Chicago, Illinois 60601
One
clLuLC-*
of the Attorneys for Community ~Udfill Co.
Mark A.
LaRose
Clarissa C. Grayson
LaRose
&
Bosco, Ltd.
Attorney No. 37346
200 North LaSalle Street
Suite 2810
Chicago, Illinois 60610
(3 12) 642-44 14
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, SEPTEMBER 22, 2006
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
PEOPLE OF THE STATE OF ILLINOIS,
Complainant,
VS.
COMMUNITY LANDFILL COMPANY,
INC., an Illinois corporation, and
the CITY OF MORRIS, an Illinois
municipal corporation,
Respondents.
)
PCB NO. 03-191
(Enforcement)
1
1
)
RESPONDENT COMMUNITY LANDFILL COMPANY, INC.'s
MOTION TO CANCEL HEARING
Respondent COMMUNITY LANDFILL COMPANY, INC., by and through its attorneys
LaRose
&
Bosco, Ltd. and pursuant to 35 111.Adm. Code 101.510, hereby moves the Illinois
Pollution Control Board to cancel the hearing in this matter scheduled for October 24-27,2006 and
in support thereof, states as follows:
1.
Ths matter is currently scheduled for hearing on October 24-27,2006 at 9:00 a.m. in
the
Grundy County Administrative Center Board Room, 1320 Union Street, Morris, Illinois, pursuant
to Hearing Officer Bradley Halloran's Notice of Hearing dated September 20,2006.
2.
This motion is timely filed pursuant to 35
111.Adm.Code 101.5 10(a) which requires
that
ths Motion to Cancel Hearing be filed no fewer than ten (10) days before the scheduled hearing
date, or October 14,2006.
3.
The factual basis for the Motion to Cancel Hearing is set forth herein, in the Affidavit
of Clarissa Cutler
Grayson (attached as Exh. A and incorporated herein), and in the letters from Mr.
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, SEPTEMBER 22, 2006
Pruim's physicians, Dr. Daniel Rowan, his cardiologist (see Dr. Rowan letter dated September 22,
2006, attached to the Affidavit as Exh. 1) and Dr. Timothy Wollner, his family physician (see Dr.
Wollner letter dated September 21,2006, attached to the Affidavit as Exh. 2).
4.
Edward Pruim,
SecretaryITreaswer of CLC, recently underwent emergency quintuple
bypass surgery which was complicated by the presence of an aortic aneurism. (See Exh. A,
7
3 and
attached Exhs.
1 and 2). Mr. Pruim was hospitalized from August 26-September 9,2006 at both
Palos Community Hospital and Christ Hospital. (See Exh. A,
7
3 and attached Exhs. 1 and 2). Mr.
Pruim was readmitted to Christ Hospital on September 11,2006 with a blood clot on hs lung, and
after receiving treatment for this condition, he was released on September 17,2006. (See Exh. A,
7
3
and attached Exhs. 1 and 2). He is currently recovering at his home and is receiving continued
treatment for the blood clot and heart condition. (See Exh. A,
7
3 and attached Exhs. 1 and 2).
5.
In the professional opinion of his physicians, Mr. Pruim is unable to undergo any
stressful work-related activities for at least 5-6 months, including any participation by way of
testimony or preparation in the legal proceedings now scheduled before the Illinois Pollution Control
Board on October 24-27,2006. (See Exh. A,
7
4 and attached Exhs. 1 and 2). The stress of having
to prepare for and testify in
ths matter could seriously and adversely affect Mr. Pruirn's recovery and
health. (See Exh. A,
7
4 and attached Exhs. 1 and 2). He is physically unable to either prepare for or
participate in the hearing scheduled for October 24-27,2006. (See Exh. A,
7
4 and attached Exhs. 1
and 2).
6.
In the opinion of Mr. Pruim's physicians, hs physical condition should be reviewed
in March, 2007 for his ability to participate in this proceeding. (See Exh. A,
7
5 and attached Exhs. 1
and 2).
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, SEPTEMBER 22, 2006
7.
The history of this matter's proceedings is set forth in the attached Affidavit of
Clarissa Cutler
Grayson. (See Exh. A,
7
6).
8.
No previous cancellation requests have been made in this matter. (See Exh. A,
7
7).
This is the first cancellation request that has been made. (See Exh. A,
7
7).
9.
Edward Pruim's participation in preparation, attendance and testimony is necessary
for the defense of this case.
10.
This motion to cancel the hearing should be granted pursuant to 35
111.Adm.Code
101.501(b) as the attached affidavit and Exhibits 1 and 2 to the affidavit demonstrate that the request
is not made as the result of the movant's lack of diligence. (See Exh. A and attached Exhibits 1 and
2).
WHEREFORE, Respondent Community Landfill Company, Inc. respectfully requests that
Hearing Officer Bradley
Halloran grant its Motion to Cancel Hearing pursuant to 35 1ll.Adm. Code
101.501, and set the matter for status in March, 2007.
Respectfully submitted,
-
Attorney for Community Landfill cornpay
Mark A. LaRose
Clarissa C. Grayson
LaRose
&
Bosco, Ltd.
200
N. LaSalle Street, Suite 28 10
Chicago,
IL
60601
(3 12) 642-44 14
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, SEPTEMBER 22, 2006
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
PEOPLE OF THE STATE OF ILLINOIS,
Complainant,
VS.
COMMUNITY LANDFILL COMPANY,
INC., an Illinois corporation, and
the CITY OF MORRIS, an Illinois
municipal corporation,
Respondents.
1
1
PCB NO. 03-191
)
(Enforcement)
1
1
1
AFFIDAVIT OF CLARISSA CUTLER GRAYSON
I, CLARISSA CUTLER GRAYSON, being duly sworn on oath and affirmation, do hereby
depose and state as follows:
1.
I am one of the attorneys for Community Landfill Company, Inc. ("CLC") and am a
partner in the law firm of LaRose
&
Bosco, Ltd. which represents CLC in the above referenced
matter currently pending in the Illinois Pollution Control Board.
2.
The factual basis for the Motion to Cancel Hearing is set forth herein and in the letters
from his physicians, Dr. Daniel Rowan, Mr. Pruim's cardiologist (see Dr. Rowan letter dated
September 22, 2006, attached to this Affidavit as Exh. 1) and Dr. Timothy Wollner, Mr. Pruim's
family physician (see Dr. Wollner letter dated September 21,2006 attached to
ths Affidavit as Exh.
2).
3.
I have been informed that Edward Pruim,
SecretaryITreasurer of CLC, recently
underwent emergency quintuple bypass surgery which was complicated by the presence of an aortic
aneurism. (See attached Exhs. 1 and 2). I have been informed that
Mr. Pruim was hospitalized from
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, SEPTEMBER 22, 2006
August 26-September 9,2006 at both Palos Community Hospital and Christ Hospital. (See attached
Exhs. 1 and 2).
I have been informed that Mr. Pruim was readmitted to the hospital on September
11, 2006 with a blood clot on
lus lung, and after receiving treatment for ths condition, he was
released on September 17, 2006. (See attached Exhs. 1 and 2).
I have been informed that he is
currently recovering at his home and is receiving continued treatment for the blood clot and heart
condition. (See attached Exhs. 1 and 2).
4.
I have been informed that in the professional opinion of his physicians, Mr. Pruim
will be unable to undergo any stressful work-related activities for at least 5-6 months and that this
would include any participation by way of testimony or preparation in the legal proceedings now
scheduled before the Illinois Pollution Control Board on October 24-27,2006. (See attached Exhs. 1
and 2). I have been informed that the stress of having to prepare for and testify in this matter could
seriously and adversely affect Mr. Pruim's recovery and health and that Mr. Pruim is physically
unable to either prepare for or participate in the hearing scheduled for October 24-27, 2006. (See
attached Exhs. 1 and 2).
5.
I have been informed that in the opinion of Mr. Pruim's physicians, his physical
condition should be reviewed in March, 2007 for his ability to participate in this proceeding. (See
attached Exhs. 1 and 2).
6.
The status of this matter's proceedings is as follows. On April 17,2003, complainant,
the People of the State of Illinois, filed a one-count complaint against respondents CLC and the City
of Morris alleging failure to provide adequate financial assurance for closure and post-closure
operations. On February 16,2006, the Illinois Pollution Control Board granted summary judgment
in favor of the Complainant in its interim opinion and order. On March 3 1,2006, both respondents
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, SEPTEMBER 22, 2006
moved the Board for reconsideration of its interim opinion and order. Both respondents' motions to
reconsider were denied by the Board on June 1,2006. On June 29,2006, this matter was scheduled
for hearing on October 24-27,2006 by order of Hearing Officer Bradley Halloran.
7.
No cancellation requests have been granted in this proceeding. This is the first
request for cancellation that has been made.
8.
The information contained in this Affidavit is based on my personal knowledge. If
called upon to do so,
I could competently testify to same.
Further, Affiant sayeth naught.
Clarissa
cl2bxm!c*
i
Cutler Grayson
SUBSCDED AND SWORN TO
before me this
22
day of
September, 2006
OFFICIAL SEAL
MARY KARSON
NOTARY
PCII#K:
-STATE OF ILLINOIS
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, SEPTEMBER 22, 2006
stv, 22. ~uub 2:24~~ cvc
NO. 31
6
Po
2/2
Cardiovascular
Consultangs,
LLP
THOMAS
J. QUINN, MID, P.A,C.C,,
F.A,GaP.
JOSEPH
W,
MULARCZ-
M,DI
RAsCsC.
DANIELA.
RCIWAN,
DO,,
EAC.C, w.ce, F.S.CA.I,
EVANS
I!
PAPPAS,
M.D, RAC,C,
CHRlSTOPI-IbR
J,
SULUVAN,
M,D,,
RA-C.C.
Septembar 21,2006
Ms,
Clarissa
Cutler
Grayon
LaRose
&
Bosco,
Ltd,
200 N, LaSalla Street, Suite 2810
Chicago,
TL
60602
Re:
Edward Pruim
Dear Me, Grayson:
I am a cardiovascular ppkysician
and
have praoticed medioin~ for 20
yeas.
Edward
Pruim has
been my patient for one month, and I am quite familiar with his medi~al history.
Mr.
Pmim recently underwent emergency quintuple bypass surgery, which
was
complicated by
the presence
of
an
aortic
meurygrn,
Mr. Pdm was hogpitalized
from
August 26
-
Sqtember 9,
2006 in both
Pdos
Community Hospital and Chri~t Hospital. I performed
m
angiograrn and
examined
hh numerous times during
this
hospitalization, Mr, Pruim
was
readmitted to
CChrt
Hospital on September I. 1,2006 with a blood clot on hie lung. After raceiving treatment
for
this
condition, he
was
released on September 17,2006, He is currentlyrecovering at his home
ad
is
receiving
oontinued treatment for
ths
blood clot
and
heart condition, I
am
continuing to monitor
his
physical condition,
In
my professional opinion, Mr. Pdm will be
unable
to undergo
any
stressful work-related
activities for at
least 5-6 months. This
would
include any participation by
way
of testimony or
preparation
ii~
the legal proceedings
now
~cheduled before the lllinois Pollution Control
Board
on
October
24-27,2004
and Dec~mber
11~15,2006,
The stress related to having to prepare for and
testify
in
a legal matter could seriously and
adversely
affect Mr. Pruim's recovery and health,
As
his physician, I advise you that it is
my
opinion that Mr. Pruim is physically nnable to either
prepare
for or participate
in
these
hearings at this time, It would ke my recommendation that his
physioal condition be reviewed in Mmh, 2007, at which time I would be happy to again render
an opinion
a8
to his ability to participate
h
these legal proceedings.
Thank you,
If
you have
any
fifier
questions for me, please do not hesitate to
contact me,
Sincar
your^
Daniel
A,
Rowan,
D.O,,
FACP,
FACC
PHYSICIANS PAVIUON
- 2850
Wcst
95th
Street, Suite
305
EVERGREEN
PARK,
Illinois
60805-2735
LCM DIA.GNOSTIC CENTER
- 12432
South
Harlem
Axnue
PALOS
HEIGHTS,
Illinois
60463-1426
%lcphonc
(708)
425-7272
-
Fax
(708)
422-G273
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, SEPTEMBER 22, 2006
DR.ELSER
DR. WOLLNER
PAGE
01
Timothy
S,
WoUner,
D.O.,
A.B.F.P.
John
C.
Elser,
A.B.B.P.
Family Fractice
3754
West
95'"
Street
Evergreen Park,
IZ
60805
September
2
1,2006
Ms. Clxissa Cutler Grayson
LaRose
&
Bosco, Ltd.
200 Hortb LaSnl.le Street, Suite 28 10
Claicago, IL 60601
Re; Edward Pmim
Dcm Ms. Grayson:
T have been Edward Pri~irn's Family Ph.ysicia11
for:
over ten years. Mr. Pnlin.1. recently
underwent emergency quintuple bypass surgery wl~icln.
was
com,pf.icated
by the presence
of
an aortic
aneurism.
Mr. Pruim was hospitalized fro111
August
26
-
September 9,2006
at both. Pdos Communjty Hospital and Christ Hospital.
1
examined him mzinerous times
during his bospitali.zation. Mr. Prujm was readnnitted to
the
hospital on Septem,bes 11,
2006 with a blbod clot on his lung.
Afte~
receiving treatment :For this cot~dition, he was
relensed on September: 17,2004. Hc is currently recovering at liis b,o~ne
and
is receivjt~g
coi~tinued t~ea.tmer~t
fox tl~.e, blood clot md l~.ear!, condition.
3:
an continuii~g to monitor
his p13ysica.l condition.
In
my
professional opinion, Mr. Pruirn will be onable to undergo any stressfill woltlc-
related aotj.vides for at least
5
to 6 m.o~~ths.
This wou1.d j~~.clud.e
an,y p&.ci.pation by way
oFtestim.ony or preparation in
the
legal proceedings now scheduled.
for
October: 24
-
27,
2006 and Dc~amber 1
3.
-
15,2006. The
st~css
related to having to prepare for and. testj:fy
in a legal matter could seriously and adversely affect Mr. Pruim" recovery an.d hea.lth.
As 1ni.s
pl~ysici,an, I
advise
you that it is
my
opinion that Mr. Pruim
is
physical
mable to
either prepme for or participate in these, hearing at this time. It would be
s3.y
rcco&edation that his physical cond,ition be reviewed. in March, 2007
at
which time
1
would bc happy to notify you as to his ability to participate in these legal proceed,ings.
Thank you. If you have any fu.rther qu,estion,s for me, plsase do not hesitate to co~~tact
me.
Sincerely,
/g
/pwkdA+"~/
~Q?PF
Tixnothy
S.
WoUner, D.O., A.B.F.P.
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, SEPTEMBER 22, 2006