ILLINOIS POLLUTION CONTROL BOARD
May 17, 2007
PEOPLE OF THE STATE OF ILLINOIS,
Complainant,
v.
COMMUNITY LANDFILL COMPANY,
INC., an Illinois corporation, and the CITY OF
MORRIS, an Illinois municipal corporation,
Respondents.
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PCB 03-191
(Enforcement – Land)
ORDER OF THE BOARD (by N.J. Melas):
On May 1, 2007, the Office of the Attorney General, on behalf of the People of the State
of Illinois (People) filed a renewed motion requesting that the Board set a date for hearing on
remedy in this matter. The People also renew their alternative request, that the Board sever the
People’s claims against the City of Morris (Morris) from the claims against Community Landfill
Company (CLC) so that the hearing may go forward against Morris without further delay.
Today the Board grants the People’s motion to set a date for a hearing on the remedy and
directs the hearing officer, together with the parties, to set a hearing date in this matter.
PROCEDURAL BACKGROUND
The People filed this land enforcement action on April 17, 2003. On July 21, 2005, the
People moved for summary judgment, which the Board granted on February 16, 2006. The
Board found in the February 16, 2006 interim opinion and order that the respondents violated
Section 21(d)(2) of the Environmental Protection Act (Act), and Sections 811.700(f) and
811.712(b) of the Board’s regulations. 415 ILCS 5/21(d)(2) (2004); 35 Ill. Adm. Code
811.700(f), 811.712(b). The Board further directed the parties to hearing on the issue of remedy,
including penalty, costs, and attorney fees, if appropriate.
The parties together with the hearing officer scheduled a hearing for October 24 through
27, 2006. On September 22, 2006, CLC moved to cancel the hearing. CLC reasoned that due to
an emergency quintuple bypass surgery and subsequent complications, witness Mr. Edward
Pruim was unable to attend hearing on the scheduled dates. On October 2, 2006, Morris timely
filed a witness list identifying Mr. Edward Pruim as a witness. On October 3, 2006, the hearing
officer issued an order canceling the hearing.
1
1
The hearing officer granted a similar motion and cancelled hearing in two other enforcement
cases involving Mr. Pruim,
People v. CLC, PCB 97-193, 04-207 (consolidated).
2
At a February 8, 2007 status conference, CLC provided an updated medical evaluation of
Mr. Edward Pruim. The evaluation stated that Mr. Edward Pruim was still physically unable to
participate in legal proceedings, and that his medical condition should be evaluated again in
several months.
On February 9, 2007, the People filed a motion to set hearing date or, alternatively, to
sever the parties’ claims in this matter. Morris responded on February 23, 2007. CLC
responded on February 27, 2007. On March 15, 2007, the Board denied the People’s motion
based on Mr. Edward Pruim’s medical condition.
On May 1, 2007, the People renewed the February 9, 2007 motion and incorporated the
motion by reference. On May 11, 2007, Morris filed a motion for extension of time to file a
response. To date, CLC has not responded.
RENEWED MOTION TO SET HEARING DATE
OR, ALTERNATIVELY, FOR SEVERANCE OF CLAIMS
The People request that the Board set a hearing date, arguing that the Board should not
allow Mr. Edward Pruim’s medical condition to further delay the final resolution of this
matter. Renewed Mot. at 1.
First and foremost, the People argue that the parties should proceed to hearing without
Mr. Pruim because further delay is preventing effective enforcement at the Community
Landfill of Morris. The People contend that neither respondent has provided compliant
closure or post-closure financial assurance since 2000. The People state “although the State
also seeks penalties and attorney fees, the critical element in this case is the lack of ANY
assurance that the Landfill will be properly closed and maintained by either Respondent.”
Renewed Mot. at 2 (emphasis in original).
The People claim that closure is past due. The People state that CLC admits that waste
was last accepted in Parcel B in 1996. Renewed Mot. at 2. Closure of this parcel, claim the
People, should have been completed within 210 days after the last receipt of waste, but is now
10 years overdue.
Id
.
In the People’s February 9, 2007 motion, the People set forth three additional
arguments in support of setting a hearing date without the presence of Mr. Edward Pruim.
First, the People state that Mr. Pruim is not a party, but merely a stockholder and officer of the
respondent CLC and that his testimony is not so necessary or unique that his absence at
hearing will prejudice either respondent. Mot. at 3.
Second, the People contend that Community Landfill is in a deteriorating condition.
Mot. at 6. Third, the People state that Mr. Pruim’s actions have no relevance to Morris’
failure to secure compliant financial assurance.
Id
.
3
In conclusion, the People claim that
“the State will clearly be prejudiced by
failure to either order both Respondents to hearing or to sever this case.” Mot. at 7. The
People explain that a Board order requiring Morris to immediately post financial assurance for
closure and long term care of the landfill is necessary to effectively enforce the Act and Board
regulations.
Id
. at 8.
BOARD ANALYSIS
The Board denies Morris’ motion for extension of time to file a response. The Board and
hearing officer have made all of the parties aware of the April 13, 2007 deadline by which CLC
was required to file an evaluation of Mr. Pruim. Further, the Board granted the People leave to
renew the February 9, 2007 motion, based on Mr. Pruim’s evaluation, over two months ago.
Morris had more than adequate notice to expect the pending motion. This enforcement
proceeding has been pending for more than 4 years and the Board will not grant any further
extensions of time on this issue.
The People urge the Board to set a hearing date, or sever the respondents’ claims so that
it may resolve matters concerning Morris. In the March 15, 2007 order, the Board found that:
[S]evering the respondents’ claims would not result in a convenient, expeditious
and complete determination of claims. As argued by CLC, conducting two
hearings on the same violations concerning the same parties and same facility
would waste the resources of the Board and all of the parties involved. People v.
CLC and City of Morris, PCB 03-191 (Mar. 15, 2007).
The People argue in the renewed motion that the Board could proceed with a hearing on remedy
against Morris and consolidate hearing on remedy against CLC with People v. Community
Landfill Co., Robert Pruim, and Edward Pruim, PCB 97-193 and PCB 04-208 (consolidated).
The Board is not persuaded that consolidation would provide an expeditious and complete
determination of the claims. For the same reasons stated in the March 15, 2007 order, the Board
again declines to sever the respondents’ claims.
The Board, however, finds it appropriate at this time to direct the hearing officer to
schedule a hearing involving both parties on the issue of remedy. The April 13, 2007 medical
evaluation of Mr. Pruim, submitted by CLC, states that Mr. Pruim remains unfit to participate in
a hearing before the Board. Neither party has provided any estimate of when Mr. Edward Pruim
may be fit to participate at hearing.
The Board is persuaded by several of the People’s arguments. The alleged deteriorating
conditions at the Community Landfill and the nonexistence of compliant closure or post-closure
financial assurance persuade the Board to grant the People’s motion and proceed to hearing
regardless of the availability of Mr. Pruim. Accordingly, the Board grants the People’s motion
and directs the hearing officer to proceed expeditiously to hearing.
CONCLUSION
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For the reasons set forth above, the
Board grants the People’s motion to set a
hearing date and directs the hearing officer to proceed expeditiously to hearing with both
respondents. Morris’ motion for an extension of time to file a response is denied.
IT IS SO ORDERED.
I, John T. Therriault, Assistant Clerk of the Illinois Pollution Control Board, certify that
the Board adopted the above order on May 17, 2007, by a vote of 4-0.
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John T. Therriault, Asssistant Clerk
Illinois Pollution Control Board
