BEFORE THE ILLINOIS POLLUTION CONTROL
BOARER E
C
E I VIE
D
PEOPLE OF THE STATE OF ILLINOIS,,
)
MAY 2 9 2007
NOTICE OF FILING
TO: All counsel of Record (see attached Service List)
Please take notice that on May 24, 2007, the undersigned filed with the Illinois Pollution
Control Board, 100 West Randolph Street, Chicago, Illinois 60601, the City's Motion for
Reconsideration of the Pollution Control Board's Order of May 17, 2007
.
Dated: j5'/2y/A7
Respectfully submitted,
On behalf of the CITY OF MORRIS
Charles F. Helsten
One of Its Attorneys
Charles F
. Helsten
Hinshaw & Culbertson LLP
100 Park Avenue
P.O. Box 1389
Rockford, IL 61105-1389
815-490-4900
This document utilized 100% recycled paper products
.
70492057v1 806289
Complainant,
)
STATE OF ILLINOIS
V,
)
PCB No
. 03-191 ollution Control Board
COMMUNITY LANDFILL COMPANY, INC ., )
an Illinois Corporation, and CITY OF MORRIS,
an Illinois Municipal Corporation,,
)
Respondents.
)Q
I ~~~
The undersigned, pursuant to the provisions of Section 1-109 of the Illinois Aga?g~~
Procedure, hereby under penalty of perjury under the laws of the United S ~ erica,
certifies that on May 24, 2007, she caused to be served a copy of the foregoing up Sf4ton
CoptQ/
BO,S
flt)!r'~ I~IA
I
A copy of the same was enclosed in an envelope in the United States mail at Rockford, Illinois,
proper postage prepaid, before the hour of 5 :00 p .m., addressed as above .
HINSHAW & CULBERTSON
100 Park Avenue
P.O. Box 1389
Rockford, IL 61105-1389
(815) 490-4900
AFFIDAVIT OF SERVICE
R eRK"
s
Q
VEp
70415200v1 806289
Mr
. Christopher Grant
Assistant Attorney General
Environmental Bureau
100 W. Randolph St
., 11th Fl
.
Chicago, IL 60601
Mark LaRose
Clarissa Grayson
LaRose & Bosco, Ltd .
200 N. LaSalle, Suite 2810
Chicago, IL 60601
Ms . Dorothy Gunn, Clerk
Pollution Control Board
100 W
. Randolph, Suite 11-500
Chicago, IL 60601
Bradley Halloran
Hearing Officer
Pollution Control Board
100 W. Randolph, Suite 11
Chicago, IL 60601
Mr. Scott Belt
105 East Main Street
Suite 206
Morris, Illinois 60450
V .
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
PEOPLE OF THE STATE OF ILLINOIS, ex
rel . LISA MADIGAN, Attorney General of the
State of Illinois,
Plaintiff,
COMMUNITY LANDFILL CO., an Illinois
Corporation, and the CITY OF MORRIS, an
Illinois Municipal Corporation,
Defendants .
PCB No
. 03-191
(Enforcement-Land)
RER
eS
OFFICE
IVEp
MAY 2 9 2007
Po ~Aon Control ~
oa
CITY'S MOTION FOR RECONSIDERATION OF THE POLLUTION
CONTROL BOARD'S ORDER OF MAY 17, 2007
NOW COMES the CITY OF MORRIS, an Illinois Municipal Corporation, by and
through its attorneys, HINSHAW & CULBERTSON
LLP, and for its Motion for
Reconsideration of the Board's Order of May 17, 2007, states as follows
:
1 .
On May 1, 2007, the State filed a Renewed Motion to Set Hearing Date or
Alternatively for Severance of Claims . Under 35 Ill
. Adm . Code 101 .500(d), the City was
entitled to file a Response to the motion within 14 days of service
.
2.
Upon receiving and reviewing the State's Motion, Attorney Charles F
. Helsten,
counsel for the City of Morris, attempted to contact Mr . Devin Moose, P .E.,
of Shaw
Environmental, and learned that Mr. Moose was in Atlanta, Georgia on business and would not
return to work until May 14, 2007 . The City filed its Motion for Extension of Time on May 11,
2007, prior to the deadline for filing a Response .
3 .
On May 17, 2007, the City mailed for filing its Response in Opposition to the
State's motion
. The Response was filed, at most, two (2) days after the deadline imposed by 35
Ill . Adm. Code 101
.500(d), and was preceded by a Motion for Extension of Time filed several
days prior to the deadline which sought only a very brief extension of time
.
70526372v 1 806289
4.
The Board apparently entered its Order on May 17, 2007, prior to its receipt of the
City's Response, which was received by the Board on May 18, 2007
.
5.
In its Response, the City informed the Board that while this matter was pending,
the State simultaneously prosecuted an action against the City and CLC in Circuit Court in
Grundy County seeking injunctive relief, yet after a two day evidentiary hearing the Circuit
Court denied the State's request for a preliminary injunction because, despite the State's claim of
"deteriorating conditions" harmful to health and the environment at the Landfill, the evidence
showed no such environmental threat was present. (See
City's Response at pp. 2-4; see also
excerpt of proceedings attached as Exhibit B to the Response
.)
6.
The City's Response also included an affidavit by engineer Devin Moose, of
Shaw Environmental, who is familiar with the Landfill, in which Mr
. Moose stated that the
Morns Community Landfill poses no imminent danger to human health or the environment, and
that upgrades are underway at the site
. (See Response, Exhibit A)
.
7 .
In contrast with the City's presentation of actual facts and evidence that the
Landfill poses no imminent environmental threat, the State has presented no evidence
whatsoever to the Board, and instead, relies on bald, unsubstantiated accusations that have been
previously rejected by both this Board and, more recently, the Circuit Court of Grundy County as
without merit .
8 .
The Board's May 17, 2007 Order states that the Board is granting the State's
motion on the basis of "alleged deteriorating conditions" and the lack of closure or post-closure
financial assurance .
9.
Because the Board did not have the benefit of evidence concerning the lack of
environmental threat at the time it issued its May 17, 2007, the City respectfully requests that the
2
70526372v 1 806289
Board reconsider its Order in light of the evidence, and stay the hearing pending availability of a
critical fact witness without whom the City cannot receive a hearing that complies with the
requirements of fundamental fairness .
WHEREFORE, the City of Morris respectfully requests that the Board reconsider its May
17, 2007 Order and continue the hearing in this matter pending improvement to the health of
critical witness, Edward Pruim, sufficient to permit him to testify concerning the respective
responsibilities assumed by the City and CLC with respect to the Landfill .
Dated : May 24, 2007
Respectfully submitted,
CITY OF MORRIS, an Illinois Municipal
Corporation, Defep4dant--
Charles F. Helsten
Hinshaw & Culbertson LLP
100 Park Avenue
P.O. Box 1389
Rockford, IL 61105-1389
Phone : 815-490-4900
Fax: 815-490-4901
.-F fNSHAW & CULB RTSON LLP
Charle
en
One of Its Attorneys
3
70526372v1 806289
