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.
TO: Christopher Grant
Environmental Bureau
Assistant Attorney General
69 West Washington
18th Floor
Chicago, Illinois 60608
1
1
)
)
1
PCB No. 03-191
)
(Enforcement)
)
1
1
)
Charles F. Helsten
Hinshaw
&
Culbertson, LLP
100 Park Avenue
P.O. Box 1389
Rockford, Illinois 61 105-1 389
NOTICE OF FILING
Bradley Halloran
Hearing Officer
Illinois Pollution Control Board
100 West Randolph
Suite 1 1-500
Chicago, Illinois 6060 1
Scott Belt
Scott Belt and Associates, PC
105 East Main Street
Suite 206
Morris, Illinois 60450
PLEASE TAKE NOTICE
that on
May lgth,
2007, the undersigned caused to be filed
electronically before The Illinois Pollution Control Board
COMMUNITY LANDFILL
COMPANY'S RESPONSE TO THE PEOPLE OF THE STATE OF ILLINOIS'
RENEWED MOTION TO SET HEARING DATE OR, ALTERNATIVELY, FOR
SEVERANCE OF CLAIMS,
with Ms. Dorothy Gunn, Clerk of the Illinois Pollution Control
Board, 100 W.
~andol~h
Street, Suite 1 1-500, Chicago, Illinois 60601, a copy of which is
attached and hereby served upon you.
One of the Attorneys
Cc
for Community Landfill Co.
Mark
A. LaRose
Clarissa C. Grayson
LAROSE
&
BOSCO, LTD.
Attorney No. 37346
200 North
LaSalle Street, Suite 28 10
Chicago, Illinois 6061 0
(3 12) 642-44 14
THIS FILING IS SUBMITTED ON RECYCLED PAPER.
Electronic Filing, Received, Clerk's Office, May 18, 2007
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
PEOPLE OF THE STATE OF ILLINOIS,
1
)
Complainant,
)
)
v.
1
PCB No. 03-191
)
(Enforcement)
COMMUNITY LANDFILL COMPANY,
INC.,
)
an Illinois corporation, and the CITY OF MORRIS,
)
an Illinois municipal corporation,
1
)
Respondents.
1
COMMUNITY LANDFILL COMPANY'S RESPONSE TO THE PEOPLE OF THE
STATE OF ILLINOIS' RENEWED MOTION TO SET HEARING DATE OR,
ALTERNATIVELY, FOR SEVERANCE OF CLAIMS
COMMUNITY LANDFILL COMPANY, INC., ("CLC") by and through its attorneys,
LAROSE
&
BGSCO, LTD., hereby respond to the Complainant IIEGPLE OF TEE STATE
OF
ILLINOIS' ("People" or "Complainant") Renewed Motion to Set Hearing Date or, Alternatively, for
Severance of Claims, and in support thereof, states as follows:
INTRODUCTION
This response is timely filed pursuant to 35 111.Admin. Code 10 1.500(d) which allows a party
14 days after service of a motion to file a response.
Complainant's Renewed Motion to Set Hearing
Date or, Alternatively, for Severance of Claims ("Motion"), filed on May 1,2007, seeks relief which
is not justified since there is no imminent threat to the environment and granting the motion would
result in prejudice to CLC. For the reasons set forth below, Complainant's motion is inappropriate
and premature, and granting it would result in prejudice to the defendants. Complainant's motion
should be denied.
Electronic Filing, Received, Clerk's Office, May 18, 2007
ARGUMENT
A.
No Imminent Threat to the Environment Exists
On March 15,2007, the Board denied the Complainant's first Motion to Set Hearing Date or,
Alternatively, for Severance of Claims. However, even though no evidence was presented, the Board
stated in its Order that:
"[blased on the alleged and undisputed existence of deteriorating conditions,
upon receipt of a renewed motion from the People the Board will consider directing the hearing
officer to schedule a hearing, with or without the availability of Mr. Edward Pruim, as expeditiously
as possible after the April 13, 2007 status conference."
The People's motion does not contain any suggestion, let alone evidence, of deteriorating
conditions at the landfill or the existence of any imminent danger to human health or to the
environment. However, on April 10-1 1, 2007, less than one month before the People filed the
instant motion, the Honorable Robei? C. Marsaglia, Circuit Co-&L Judge, Gmndy County, heard
evidence on this very topic and clearly recognized that no such conditions exist.
(See
City of Morris
Response, Exh. B). The People's Renewed Motion to Set Hearing Date or Alternatively, for
Severance of Claims should be denied because Morris Community Landfill does not present any
imminent danger to human health or to the environment.
B.
CLC will be Prejudiced if the Hearings are Severed
The City has indicated it may call Community Landfill Company principals Robert Pruim
and Edward Pruim as witnesses. If the hearing is severed as to the defendants, both the City, CLC
and their witnesses would have to participate twice, resulting in a tremendous waste of resources for
all concerned, including those of the State and the Board. In the interest of judicial economy, it is
crucial to conduct this hearing so that all involved, including non-party witnesses, are afforded a
complete and full hearing on all issues at the same time. The People's Renewed Motion to Set
Electronic Filing, Received, Clerk's Office, May 18, 2007
Hearing Date or Alternatively, for Severance of Claims should be denied because CLC, among
others, would be prejudiced if forced to participate twice.
WHEREFORE, based on the foregoing, and for the additional reasons set forth in the City of
Morris' Response filed on May
17, 2007, COMMUNITY LANDFILL COMPANY,
INC.
respectfully requests that the Illinois Pollution Control Board DENY Complainant's Renewed
Motion to Set Hearing Date or, Alternatively, for Severance of Claims.
Respectfully submitted,
By:
One of the Attorneys for
'd
COMMUNITY LANDFILL COMPANY
Mark A.
LaRose
Clarissa C. Grayson
LAROSE
&
BOSCO, LTD
200 North
LaSalle Street
Suite 2810
Chicago, Illinois 60601
(3 12) 642-44 14
Electronic Filing, Received, Clerk's Office, May 18, 2007
CERTIFICATE OF SERVICE
I, Clarissa C. Grayson, an attorney hereby certify that I caused to be served a copy of the
foregoing
COMMUNITY LANDFILL COMPANY'S RESPONSE TO THE PEOPLE OF
THE STATE OF ILLINOIS' RENEWED MOTION TO SET HEARING DATE OR
ALTERNATIVELY,
FOR SEVERANCE OF CLAIMS
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
isth
day of
May 2007,
addressed as follows:
Christopher Grant
Environmental Bureau
Assistant Attorney General
188 West Randolph Street
20th Floor
Chicago, Illinois 6060 1
Bradley
Halloran
Hearing Officer
Illinois Pollution Control Board
100 West Randolph
Suite 1 1-500
Chicago, Illinois 60601
Charles F. Helsten
Scott Belt
Hinshaw
&
Culbertson, LLP
Scott Belt and Associates, PC
100 Park Avenue
105 East Main Street
P.O. Box 1389
Suite 206
Rockford, Illinois 6 1 105- 13 89
Morris, Illinois 60450
One of the Attorneys for Community
Cdndfill Co.
Mark A.
LaRose
Clarissa C. Grayson
LaRose
&
Bosco, Ltd.
Attorney No. 37346
200 North
LaSalle Street
Suite 28 10
Chicago, Illinois 606 10
(3 12) 642-44 14
Electronic Filing, Received, Clerk's Office, May 18, 2007