BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
vs.
Respondents.
Complainant,
EDWARD PRUIM and ROBERT PRUIM,
PCB No. 04-207
(Enforcement - Land)
PEOPLE OF THE STATE OF ILLINOIS, )
)
)
)
)
)
)
)
)
PEOPLE OF THE STATE OF ILLINOIS,
Complainant,
vs.
COMMUNITY LANDFILL COMPANY,
INC.,
R_espondent.
)
)
)
)
)
)
)
)
)
)
PCB No. 97-193
(Enforcement
~
Land)
(consolidated)
NOTICE OF FILING
TO: Christopher Grant
Environmental
Bureau
Assistant Attorney General
69 W. Washington, 18th
Floor
Chicago, Illinois 60602
Bradley Halloran
Hearing Officer
Illinois Pollution Control
Board
100 West Randolph, Suite 11-500
Chicago, Illinois 60601
PLEASE TAKE NOTICE that on FEBRUARY 21, 2008, the undersigned caused to be
electronically filed with
Mr.
John Therriault, Assistant Clerk ofthe Illinois Pollution Control
Board, 100 West Randolph Street, Suite 11-500, Chicago, Illinois 60601,
the RESPONDENTS
COMMUNITY LANDFILL COMPANY, INC.,
RQBERT PRUIM AND EDWARD
PRUIM'S MOTION TO CANCEL HEARING, a copy ofwhich is attached and hereby served
upon you.
dents
~vIark
A. LaRose
Clarissa C. Grayson
LAROSE
&
BOSCO, LTD.
Attorney No. 37346
200
North LaSalle Street, Suite 2810
Chicago, lllinois 60610
(312) 642-4414
THIS FILING IS SUBMITTED ON RECYCLED PAPER.
Electronic Filing - Received, Clerk's Office, February 21, 2008
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
vs.
vs.
Respondent.
Complainant,
PCB No. 97-193
(Enforcement - Land)
(consolidated)
PCB No. 04-207
(Enforcement - Land)
Respondents.
Complainant,
COMMUNITY LANDFILL COMPANY,
INC.,
PEOPLE OF THE STATE OF lLLINOIS,
EDWARD PRUIM and ROBERT PRUIM,
PEOPLE OF THE STATE OF lLLINOIS, )
)
)
)
)
)
)
)
)
----------~)
)
)
)
)
)
)
)
)
)
)
RESPONDENTS COMMUNITY LANDFILL COMPANY, INC., EDWARD PRUIM AND
ROBERT PRUIM'SMOTION TO CANCEL HEARING
Respondents COMMUNITY LANDFlLL COMPANY, INC., EDWARD PRUIM and
ROBERT PRUIM, by and through their attorneys LaRose
&
Bosco, Ltd. and pursuant to 35 Ill.Adm.
Code 101.510, hereby move Hearing Officer Bradley Halloran
to cancel the hearing in this matter
scheduled for April 7-10, 2008 and in support
thereot: state as follows:
1.
This matter is currently scheduled for hearing on April 7-10, 2008, although a Notice
ofHearing has not yet been issued.
2.
This motion is timely filed pursuant
to 35 IlLAdm. Code IOI.5IO(a) which requires
that this Motion
to Cancel Hearing be filed no fewer than ten (10) days before the scheduled hearing
date,
or March 29, 2008.
1
Electronic Filing - Received, Clerk's Office, February 21, 2008
3.
The factual basis for the Motion to Cancel HeariI!g is set forth herein, in the Affidavit
of Clarissa Cutler Grayson (attached as Exh. A and incorporated herein), and in the letter from Ms.
Grayson's physician, Dr. Brian Hartigan, Orthopedic Surgeon (see Dr. Hartigan's letter dated
February 18, 2008, attached
to the Affidavit as Exhibit 1).
7.
The history of this matter's proceedings is set forth in the attached Affidavit of
Clarissa Cutler Grayson. (See Exh. A, ,-r 6).
8.
Only one previous cancellation request has been granted in this proceeding. In
granting this request, the Hearing Officer found good cause
to grant the Respondents' Motion and
that it was not brought as a result
of a lack of diligence. This is only the second request for
cancellation that has been made and is not brought as the result
ofa lack ofdiligence, butbecause ofa
physical injury making it impossible for me
to participate in either the preparation for or in the hearing
currently scheduled for April 7-10, 2008.
9.
Clarissa Grayson'sparticipation in preparation for and attendance at trial is necessary
for the defense
of this case (see Exh.
A,
,-r 3). Respondents seek what is in essence a short
continuance
ofthe hearing date until after mid July, 2008.
10.
This motion
to cancel the hearing should be granted pursuant to 35 Ill.Adm. Code
101.51
O(b) as the attached affidavit and Exhibit 1 to the affidavit demonstrate that the request is not
made as the result
ofthe movant'slack of diligence. (See Exh. A and attached Exhibit 1).
WHEREFORE, Respondents Community Landfill Company, Inc., Edward
Proim and Robert
Pruim respectfully request that Hearing Officer Bradley Halloran grant their Motion
to Cancel
Hearing pursuant
to 35 Ill.Adm. Code 101.510, and set the matter for a short status so that a trial
date
2
Electronic Filing - Received, Clerk's Office, February 21, 2008
after mid-July 2008 can be set as soon as possible.
Mark A. LaRose
Clarissa
C. Grayson
LAROSE
&
BOSCO, LTD.
Attorney No. 37346
200
North LaSalle Street, Suite 2810
Chicago Illinois 60610
(312) 642-4414
fax (312) 642-0434
3
Electronic Filing - Received, Clerk's Office, February 21, 2008
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
vs.
vs.
Respondent.
Complainant,
PCB No.
97-193
(Enforcement - Land)
(consolidated)
PCB No. 04-207
(Enforcement - Land)
Complainant,
Respondents.
COMMUNITY LANDFILL COMPANY,
INC.,
PEOPLE OF THE STATE OF ILLINOIS,
EDWARD PRUIM and ROBERT PRUIM,
PEOPLE OF THE STATE OF ILLINOIS, )
)
)
)
)
)
)
)
)
---------)
)
)
)
)
)
)
/.
)
)
)
)
AFFIDAVIT OF CLARISSA CUTLER GRAYSON
I~
CLARISSA CUTLER
GRAYSON~
being duly sworn on oath and affirmation, do hereby
depose and state as follows:
1.
I am an attorney with LaRose
&
Bosco, Ltd. and represent Community Landfill
Company, Inc. ("CLC") in the above referenced consolidated matters currently pending
inthe
lllinois
Pollution Control Board.
2.
The factual basis for the Motion
to Cancel Hearing is set forth herein and in the letter
from my orthopedic surgeon, Dr. Brian
J.
Hartigan. (See Dr. Hartigan'sletter dated February 18,
2008, attached
to this Affidavit as Exh. 1.)
1
Electronic Filing - Received, Clerk's Office, February 21, 2008
3.
I have been involved with PCB No. 97-193 since I started with the firm in February
2001. I have been
th,~
primary attorney in these consolidated cases for several years, having drafted
all pleadings and attended all status conferences.
My participation in the preparation for the hearing
and in the hearing itselfis required due
to my familiarity with all aspects ofthe case.
4.
On January 17, 2008, I slipped on ice and fell, landing on my left elbow, which was
fractured.
I
underwent surgery which required inserting wire into my left elbow (internal fixation).
(See
Exh. 1.) I have been attending occupational therapy twice a week and have requiredthe use ofa
splint. (See Exh.
1.) I have been unable to use my left arm and am unable to drive. (See Exh. 1.)
Because
I
am limited to the use of my right hand for work activities, it is impossible to handle the
extensive numbers ofdocuments involved with these cases and perform any related tasks involved in
preparing for an extensive hearing. (See Exh.
1.)
5.
Dr. Hartigan has informed me that in his opinion, I am unable to participate in the
hearing currently scheduled fur April
7-10, 2008 because I am unable to use my left hand in order to
prepare or participate. (See Exh. 1.) He has further informed me that he anticipates that I will be
able to participate in the preparation and in the hearing itselfin approximately mid July, 2008. (See
Exh. 1.)
6.
The history ofthis matter'sproceedings is as follows. On May 1, 1997, Complainant
filed its first complaint in
the 1997 matter naming CLC as the sole respondent which contained six (6)
counts alleging violations relating
to managing refuse and litter, leachate flow, landscape waste,
fmancial assurance, failure
to file a significant modification permit, and water pollution. Complainant
then filed a First Amended Complaint
on April 3, 1998 with CLC again as the sole respondent. The
First Amended Complaint included four (
4) additional counts alleging violations relating to overheight
2
Electronic Filing - Received, Clerk's Office, February 21, 2008
ofthe landfill.
On November 24, 1999, over CLC's strenuous objections, complainant filed a Second
Amended Complaint, again only naming
CLC as respondent. The Second Amended Complaint
included twelve (12) additional counts, for a
total oftwenty-two counts, alleging violations relating to
asbestos, used tires, the gas collection facility, leachate disposal, final cover, financial assurance, and
failure
to provide revised cost estimates.
On April 5, 2001, the Board ruled against CLC on its motion for summaryjudgmentin regard
to Counts V and XII ofthe Second Amended Complaint. CLC filed a motion for reconsideration on
May 15, 2001. On July 26, 2001, the Board reversed its decision on Count XII by finding in favor of
CLC on liability and dismissing that count. The Board affirmed its ruling against CLC on Count V
and ordered a hearing
on penalty.
On October 3, 2002, the Board issued an extensive order regarding the parties'cross-motions
for
SUJIl..mary
judgment in the 1997 case against CLeo The Board found in favor ofCLC on Counts
XI, XVIII, and XXII ofthe Second Amended Complaint and dismissed those counts against CLC.
The
Board denied the Complainant'smotion for Summary Judgment on Counts I, II, VI, XV, XVII,
XIX
(in part) and
:xx
ofthe Second Amended Complaint, and ordered a hearing on liability on those
counts. Finally, the Board found in favor ofComplainant on Counts III, IV, V, VII, VIII, IX, X, XIII,
XIV, XVI, XIX (in part) and XXI and ordered a hearing on penalty on those counts.
On December 5, 2003, Complainant filed a motion before the Board wherein it requested
leave to file its Third Amended Complaint naming Edward
Proirn
and Robert
Proirn,
the principals of
CLC, as additional respondents. That motion was unanimously denied by the Board on March 18,
2004.
On May 21, 2004, Complainant then filed a complaint against Edward Pruim and Robert
3
Electronic Filing - Received, Clerk's Office, February 21, 2008
Pruim individually, which, after the Board dismissed Count XII ofthe 2004 complaint, left eighteen
(18) counts remaining against Edward Pruim and Robert Pruim individually. Because the underlying
allegations in
the 1997 and 2004 cases are identical, the Board consolidated them on February 17,
2005.
On September 10, 2004, Edward Pruim and Robert Pruim fued motions to dismiss which were
denied
by the Board on November 4, 2004. Edward Pruim and Robert Pruim answered the complaint
on January 4, 2005. Because the underlying allegations in the 1997 and 2004 cases are essentially
identical,
the Board consolidated the matters on February 17, 2005.
On January 13, 2006, Edward Pn..lim and Robert PnJim filed motions for summaryjudgment
which
were denied by the Board on April 20, 2006. On May 30, 2006, Edward Pruim and Robert
Pruim filed a motion for reconsideration which
was denied by the Board on June 15, 2006. On June
27, 2006, the matter was scheduled for hearing on December 11-15, 2006.
On September 22, 2006, Respondents moved the hearing officer to cancel the Dec. 11-15,
2006 hearing due to Edward Pruim's having undergone emergency quintuple bypass surgery that was
complicated by
the presence ofan aortic aneurism and blood clot on his lung. Respondents' motion
was granted on October 17, 2006, with the hearing officer having found good cause and that the
motion
was not brought as the result of any lack of diligence.
7.
Only one previous cancellation request has been granted in this proceeding.
In
granting this request, the hearing officer found good cause to grant the respondents' motion and that
it
,~vas
not broughtas the result ofa lack ofdiligence. This is only the second request for cancellation
that has been made and is not brought
,
as the result of a lack of diligence,
'
but because of a physical
injury making it impossible for me to participate in either the preparation fot or the hearing currently
4
Electronic Filing - Received, Clerk's Office, February 21, 2008
scheduled for April 7-10, 2008. Respondents seek what is in essence a short continuance of the
hearing date until after mid July, 2008.
8.
The information contained in this Affidavit is based on my personal knowledge. If
called upon to do so, I would competently testify to same.
Further, Affiant sayeth naught.
m~c<~
Clarissa Cutler Grayson
~
SUBSCRIBED AND SWORN TO
before me
this;{/ day of
February, 2008
t~i(fJ-£dl2.
",-J
NOT
Y PunLIC
5
Electronic Filing - Received, Clerk's Office, February 21, 2008
Northwestern
O~~edicInsti~te,LTJC~~~~~~~~~~
Adaln W. Benrtett, M.O,
M~rk
K. Bowen, M.,O,
Victoria A. Brander. M,D.
Charles
Ca:rroll~
MD.
Raju S. Ghate:, M,O.
Brian T. Hartigan, MD.
Armon S. Kc1
ikian~
M.D.
Steven .A,
Kodl'0S~
M.D.
Srdjan
Mjr}<ovfc,
MD.
Mark 'T.'.
Nolden~
MD.
Gordon W. Nuber,
M.D.
$. lJavH1
~tulberg~
M.D.
Richard L, Wixson. MD.
Febtl.l<lty 18:J 2008
RE:
Clarissa Grayson
MRN~
124475
To Whom It May Con.cern:
680 N. Lake Shore Drive
Sll\tQ 1028
Suite 924
Chicagt)~
11 Hnois
60(~]
1
2501 Compass Road
Suite 125
Glcnv;cw, JL 60026
312-664-6848
311-664-9271 Fax.
Ms. Grayson has be'enunder my care for an injury that she
sust~illed
to her left
elbow on
1/17/08~
At
th,at
time, she fell on ice, fracturing the left elbow. She
underwent surgery
for this fracture on 1/25/08 consisting ofopen reduction and
internal fixatiour Since surgery, she has been undergoing occupational therapy
and has reqUired the use of a splint. She remain.s restricted
"With
the left upper
extremity. She is lUlable to drive and has
limit~d
use ofher right lland for work
activities.
M~.
C'tTaysotl
b.~s
infonned me that she is an attorney-and is scl1eduled
to
participate in a fOUI..,day hearing from 4/7/08 until 4/10/08, In my opinion, Ms.
Graysoll is tmable to participate in that hearing -as she will not be able to use her
left hand in order to prepare or .participate. I anticipate that she will
be
able to
participate in this hearing in approximately
7/08.
Please do not hesitate to contact my office if you have any further questions or
con,cernS4
Sincerely,
Brian J. Rarti gan" MD
Assistant Professor of Orthopaedic Surgery
Northwestern University, Feinberg School
of Medicine
Northwestern Orthopaedic
Institute
BJH:sp
Electronic Filing - Received, Clerk's Office, February 21, 2008
CERTIFICATE OF SERVICE
I, Clarissa C. Grayson, an attorney hereby certify that I caused to be served a copy ofthe
foregoing RESPONDENT COMMUNITY LANDFILL COMPANY, INC., ROBERT
PRUIM AND EDWARD PRUIM'SMOTION TO CANCEL HEARING by ele.ctronicfiling,
by facsimile and 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 21
sT
day of
FEBRUARY, 2008, addressed as follows:
Christopher Grant
Environmental Bureau
Assistant Attorney General
69
W. Washington, 18th Floor
Chicago, illinois 60602
nor-C1~1'V\~lo·
~. a.\"ii:)~~.l~~~""'.
('"1.11"')\
\ J
~-""')
Q1A_I"')'"1.Lt7
u
~
.--""'JI
i
Mark A. LaRose
C1ari$sa C.
GraysQU
LAROSE
&
BOSCO, LTD
Attorney No. 37346
200 North LaSalle Street
Suite 2810
Chicago, Illinois 60610
(312) 642-4414
Bradley Halloran
Hearing Officer
Illinois Pollution Control Board
100 West Randolph, Suite 11-500
Chicago, Illinois 60601
Facsimile: (312) 814-3669
One
ofthe Attorneys for Respondents
THIS FILING IS SUBMITTED ON RECYCLED PAPER.
Electronic Filing - Received, Clerk's Office, February 21, 2008
