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.
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PCB No. 03-191
1
(Enforcement)
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NOTICE OF FILING
TO: Christopher Grant
Environmental Bureau
Assistant Attorney General
69 West Washington
18th Floor
Chicago, Illinois 60608
Charles
F. Helsten
Hinshaw
&
Culbertson, LLP
100 Park Avenue
P.O. Box 1389
Rockford, Illinois 61 105-1 389
Bradley
Halloran
Hearing Officer
Illinois Pollution Control Board
100 West Randolph
Suite 11-500
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
29th, 2007, the undersigned caused to be filed
electronically before The Illinois Pollution Control Board
RESPONDENT COMMUNITY
LANDFILL COMPANY,
INC.'S MOTION FOR RECONSIDERATION OF THE
ILLINOIS POLLUTION CONTROL BOARD'S ORDER DATED MAY
17,2007, with Ms.
Dorothy
Gunn, Clerk of the Illinois Pollution Control Board, 100 W. Randolph Street, Suite 11-
500, Chicago, Illinois 60601, a copy of whic
One of the Attorneys for ~ommunit&andfill 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
THIS FILING IS SUBMITTED ON RECYCLED PAPER.
Electronic Filing, Received, Clerk's Office, May 29, 2007
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.
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PCB No. 03-191
(Enforcement)
)
)
1
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RESPONDENT COMMUNITY LANDFILL COMPANY, INC.'s
MOTION FOR RECONSIDERATION OF THE ILLINOIS POLLUTION CONTROL
BOARD'S ORDER DATED
May 17,2007
Respondent COMMUNITY LANDFILL COMPANY, INC., ("CLC") by and through its
attorneys
LaRose
Bi
Bosco, Lid. and pui-siiani to 35 I:l.Adm. Code 101.520(b), hereby moves the
Illinois Pollution Control Board for reconsideration of its final order dated May 17, 2007 and in
support thereof, states as follows:
1.
This motion is timely filed pursuant to
35 I11.Adm.Code 101.520(a) which allows a
motion for reconsideration to be filed within 35 days after receipt of the order, which Respondent
CLC received on May 22,2007.
2.
On May 1,2007, the People of the State of Illinois, by and through the Office of the
Attorney General, filed a Renewed Motion to Set Hearing Date or Alternatively, for Severance of
Claims. Respondent CLC was served with the Motion via U.S. Mail on Friday, May 4,2007. CLC
filed its Response two (2) weeks later, on Friday, May
18, 2007, which is within the time frame
established by the Board's rules.
Electronic Filing, Received, Clerk's Office, May 29, 2007
3.
However, prior to receiving and reviewing CLC's timely filed Response (or the
response filed by respondent City of Morris), the Board ruled on the People's motion in its order
dated May 17,2007. CLC therefore seeks reconsideration of the Board's Order since it apparently
did not consider CLC's arguments (or those presented by the City of Morris) against granting the
People's Motion.
4.
In brief, and without re-arguing the merits, CLC set forth in its Response, its reasons
why the People's Motion should be denied. First, as argued by both CLC and the City of Morris, the
current condition of the landfill poses no imminent threat to the environment. This is uncontroverted
by the People. In fact, as set forth in the Responses filed by both CLC and the City of Morris, the
Honorable Robert C. Marsaglia, Circuit Court Judge, Grundy County found against the People after
hearing evidence that no such condition exists at the
iandfili.
5.
Second, CLC will be prejudiced if the Hearing is scheduled and the City calls Edward
Pruim as a witness. As the Board is well aware, Mr. Pruim has still not received clearance from his
cardiologist to participate in any legal proceedings following his quintuple bypass surgery in fall
2006. CLC has complied with every Board and Hearing Officer order to have Mr. Pruim's physical
condition evaluated by his physician. CLC and the other parties will be prejudiced if forced to
litigate these matters twice.
6.
The People have presented no reason substantiated by evidence to justify scheduling
this hearing while one of the witnesses is unavailable to testify. On the contrary, to force CLC to
litigate the present matter twice exposes it to the significant likelihood of duplicated efforts and
testimony.
7.
Without the imminent harm present, the Board should reconsider its Order dated May
Electronic Filing, Received, Clerk's Office, May 29, 2007
17,2007 and reverse its decision to order the hearing scheduled at the present time.
WHEREFORE, CLC respectfully requests that the Board reconsider its May 17,2007 Order
and continue the hearing in the present matter.
Respectfully Submitted,
Attorney for Community Landfill
ampany
Mark A. LaRose
Clarissa C. Grayson
LAROSE
&
BOSCO, LTD.
200 North
LaSalle Street, Suite 28 10
Chicago, Illinois 60601
(3 12) 642-44 14
Electronic Filing, Received, Clerk's Office, May 29, 2007
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 FOR
RECONSIDERATION OF THE ILLINOIS POLLUTION CONTROL BOARD'S ORDER
DATED MAY
17,2007 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
29th day of
May
2007, addressed as follows:
Christopher Grant
Environmental Bureau
Assistant Attorney General
188 West Randolph Street
20th Floor
Chicago, Illinois 60601
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
1 00 Park Avenue
105 East Main Street
P.O. Box 1389
Suite 206
Rockford, Illinois 61 105-1 389
Morris, Illinois 60450
Mark A.
LaRose
Clarissa C. Grayson
LaRose
&
Bosco, Ltd.
Attorney No. 37346
200 North LaSalle Street
Suite 2810
Chicago, Illinois 606 10
(3 12) 642-44 14
Electronic Filing, Received, Clerk's Office, May 29, 2007