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ILLINOIS POLLUTION CONTROL BOARD
October 17, 2006
PEOPLE OF THE STATE OF ILLINOIS,
)
)
Complainant,
)
)
v.
) PCB 04-207
)
(Enforcement – Land)
EDWARD PRUIM and ROBERT PRUIM,
)
)
)
Respondents.
)
_______________________________________
PEOPLE OF THE STATE OF ILLINOIS,
)
)
Complainant,
)
)
v.
) PCB 97-193
)
(Enforcement – Land)
COMMUNITY LANDFILL COMPANY,
) (Consolidated)
INC.,
)
)
Respondent.
)
HEARING OFFICER ORDER
On September 22, 2006, respondents Robert Pruim and Edward Pruim (Pruim) filed a
motion to cancel the hearing in this matter previously scheduled for December 11, 12, 13, and
14, 2006. On September 27, 2006, the complainant filed a response requesting that the motion be
denied in part, and requested the imposition of conditions contained therein. A telephonic status
conference was held on October 5, 2006, where arguments regarding the motion to cancel were
entertained. The motion was taken under advisement. Today’s order grants Pruim’s motion and
cancels the hearing.
Pruim’s Motion To Cancel Hearing
The Pruim’s represent in their motion that Edward Pruim, the secretary and treasurer of
Community Landfill Company Inc. (CLC), underwent emergency quintuple bypass surgery that
was complicated by the presence of an aortic aneurism. Edward Pruim was hospitalized from
August 26, 2006 to September 9, 2006. Edward Pruim was readmitted to the hospital on
September 11, 2006, with a blood clot on his lung. Edward Pruim was released on
September 17, 2006. The motion represents that Edward Pruim is recovering at his home and is
receiving continued treatment for the blood clot and heart condition. Pruims’ attachments to
their motion include an affidavit from Pruims attorney and letters from Dr. Daniel Rowan,
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Edward Pruim’s cardiologist and Dr. Timothy Wollner, Edward Pruim’s family physician. Both
physicians state that Edward Pruim should not undergo any stressful work-related activities for
at least five to six months. The prohibited activities include any participation by way of
testimony or preparation for the hearing. Finally, both physicians recommend that Edward
Pruim’s physical condition be reviewed again in March 2007, to ascertain whether he can
partake in a hearing.
Complainant’s Response
First, complainant states that one option would be to sever this consolidated matter. Next
complainant requests that Edward Pruim’s health be re-evaluated on or about December 1, 2006,
that evaluation be provided in the form of an affidavit, and that the submitting physician be
available for deposition by the complainant. Finally, complainant requests that a tentative
hearing date be established at this time for no later than March 1, 2007.
Discussion
After reviewing the motion to cancel, the response and taking oral arguments into
consideration, I find good cause to grant the Pruims’ motion. Due to the issues that need to be
addressed at hearing, it is undisputed that Edward Pruim needs to be present and available to
testify at the hearing. Additionally, I find that the Priums’ motion to cancel was not the result of
their lack of diligence. The hearing in this consolidated matter previously scheduled for
December 11, 12, 13, and 14, 2006, is hereby cancelled.
The parties or their legal representatives are directed to participate in a telephonic status
conference with the hearing officer on December 7, 2006, at 1:00 p.m. The telephonic status
conference must be initiated by the complainant, but each party is nonetheless responsible for its
own appearance. At the status conference, the parties must be prepared to discuss the status of
the above-captioned matters 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
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CERTIFICATE OF SERVICE
It is hereby certified that true copies of the foregoing order were mailed, first class, on
October 18, 2006, to each of the persons on the attached service list.
It is hereby certified that a true copy of the foregoing order was hand delivered to the
following on October 18, 2006:
Dorothy M. Gunn
Illinois Pollution Control Board
James R. Thompson Center
100 W. Randolph St., Ste. 11-500
Chicago, Illinois 60601
Bradley P. Halloran
Hearing Officer
Illinois Pollution Control Board
100 W. Randolph Street, Suite 11-500
Chicago, Illinois 60601
(312) 814-8917
P
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CB 2004-207
larissa C. Grayson
aRose & Bosco, Ltd.
00 North LaSalle Street
uite 2810
hicago, IL 60601
PCB 2004-207
Christopher J. Grant
Office of the Attorney General
Environmental Bureau
188 West Randolph, 20th Floor
Chicago, IL 60601
CB 2004-207
ennifer A. Tomas
ffice of the Attorney General
nvironmental Bureau
88 West Randolph, 20th Floor
hicago, IL 60601
PCB 2004-207
Robert Pruim
Community Landfill Company
c/o Morris Community Landfill
1501 Ashley Road
Morris, IL 60450
CB 2004-207
dward Pruim
ommunity Landfill Company
/o Morris Community Landfill
501 Ashley Road
orris, IL 60450
