BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
    vs.
    Complainant,
    Respondents.
    EDWARD PRUIM and ROBERT PRUIM,
    PCB No. 04-207
    (Enforcement - Land)
    PEOPLE OF THE STATE OF ILLINOIS,. ),
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    PEOPLE OF THE STATE OF ILLINOIS,
    Complainant,
    vs.
    COMMUNITY LANDFILL COMPANY,
    INC.,
    Respondent.
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    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 MARCH 7, 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.,
    ROBERT PRUIM AND EDWARD
    PRUIM'SREPLY TO MOTION TO CANCEL HEARING, a copy ofwhich is attached and
    hereby served
    upon you.
    Oile
    c~c.~
    ofthe Attorneys for Respondehts
    Mark'A. LaRose
    Clarissa C. Grayson
    LAROSE
    &
    BOSCO, LTD.
    Attorney No. 37346
    2.00 NQrth LaSalle Street, Suite 2810
    Chicago, Illinois 60610
    (312) 642-4414
    THIS FILING lS SUBMITTED ON RECYCLED PAPER.
    Electronic Filing - Received, Clerk's Office, March 7, 2008
    BEFORE THE aLINOIS 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, )
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    RESPONDENTS COMMUNITY LANDFaL COMPANY, INC., EDWARD PRUIM AND
    ROBERT PRUIM'S REPLY TO MOTION TO CANCEL HEARING
    Respondents COMMUNITY LANDFILL COMPANY, INC., EDWARD PRUIM and
    ROBERT PRUIM, by and through their attorneys LaRose
    &
    Bosco, Ltd. and pursuant to 35 Ill.
    Adm. Code 101.510 and 101.5
    OO(e), and upon leave having been granted by Hearing Officer Bradley
    Halloran
    to do so, hereby file its Reply to Motion to Cancel Hearing and in support thereot: state as
    follows:
    1.
    First, Complainant argues that it will suffer prejudice if this hearing is rescheduled
    three months later. However, the standard for granting a motion
    to cancel hearing when the motion
    is filed no fewer than ten (10) days before the scheduled hearing date is whether the movant
    demonstrates that the request
    to cancel is not the result ofthe movant'slack ofdiligence. Only ifthe
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    Electronic Filing - Received, Clerk's Office, March 7, 2008
    movant files a motion less than ten (10) days before a scheduled hearing date is the movant required
    to demonstrate that it will suffer material prejudice
    if
    the hearing is not canceled.
    The hearing in this matter is scheduled for April
    7-10, 2008, more than a month from now.
    Respondents have demonstrated that its motion
    to cancel this hearing is not brought due to a lack of
    diligence, but as the result ofan accident resulting in physical injury to an attorney whose involvement
    in the case has been extensive. Movant is not required
    to demonstrate prejudice.
    2.
    Second, Complainant claims that Respondents'Motion and
    acco~pa11-yin~
    affidavit do
    not provide a "sufficient basis for cancellation". This is simply incorrect. The affidavit describes
    sufficiently and in detail an inability
    to use the left arm and hand for work activities resulting in a
    limitation
    to using the right hand only for work activities. In addition, Dr. Hartigan'sletter, attached
    as an exhibit
    to the affidavit, sets forth
    in
    further detail the nature ofthese limitations. Use of one
    hand,
    by its very nature, involves limitations in a wide variety of work related activities, including
    typing, picking up files, papers, books, and other objects, using the telephone, etc. All
    ofthese are
    included in "being limited
    to the use ofmy right hand for work activities." While it would seem that
    these work activities would be obvious, a supplemental affidavit is attached setting
    forth
    the precise
    nature
    ofthese limitations. (See Supplemental Affidavit attached as Exh. 1.)
    3.
    Third,. while Complainant seeks to minimize the importance ofRes.pondents, counsel
    participating in the hearing, at the same time it claims it cannot proceed without
    both ofits attorneys'
    participation. Respondents' counsel was and
    is sympathetic to Complainant's counsel Jennifer
    Tomas'splanned wedding and honeymoon, as well as her co-counsel, Christopher Grant's, planned
    vacation. Respondents' counsel (and her physician) has represented that she will be available after
    mid-July
    2008 and will work to schedule the hearing as soon as possible. Cancellation ofthe April 7-
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    Electronic Filing - Received, Clerk's Office, March 7, 2008
    10, 2008 will not result in a significant delay in hearing ofthis matter. If Complainant is unable to
    proceed without two (2) attorneys available, it would seem only fair that the same should be applied
    to Respondents' counsel's availability.
    4.
    Finally, Complainant incorrectly states that the first and only other motion to cancel
    hearing
    in these consolidated matters was filed one day after the Notice of Hearing was issued
    (Complainant Response,
    p.2). A Notice ofHearing was never issued-in these consolidated matters..
    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 after mid July,
    2008, can be set as soon as possible.
    Respectfully submitted,
    Attorney for CommunityLan
    Company, Inc.
    Edward Pruim and Robert Pruim
    Mark A. LaRose
    Clarissa C. Grayson
    LAROSE
    &
    BOSCO, LTD.
    Attorney
    No* 37346
    200 North LaSalle Street, Suite 2810
    Chicago TIlinois 60610
    (312) 642-4414
    fax (312) 642-0434
    3
    Electronic Filing - Received, Clerk's Office, March 7, 2008
    BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
    vs.
    vs.
    Respondent.
    Complainant,
    PCB No. 97-193
    (Enforcemcn.t,- Land)
    (consolidated)
    PCB No. 04-207
    (Enforcement - Land)
    Complainant,
    Respondents.
    COMMUNITY LANDFILL COMPANY,
    INC.,
    EDWARD PRUIM and ROBERT PRUIM,
    PEOPLE OF THE STATE OF ILLINOIS, )
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    PEOPLE OF THE STATE OF ILLINOIS, )
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    SUPPLEMENTAL AFFIDAVIT OF CLARISSA CUTLER GRAYSON
    I, CLARISSA CUTLER GRAYSON, being duly sworn on oath and affirmation, do hereby
    depose and state as follows:
    1.
    This Supplemental Affidavit is presented to supplement the affidavit previously filed as
    Exh. A
    to Respondents' Motion to Cancel Hearing.
    2.
    As stated therein, I am unable
    to use my left arm and hand for work activities. I am
    therefore limited
    to the use ofmy right arm and hand for work activities. The work activities that are
    limited
    to using my right arm and hand include typing, picking up and handling files, papers, books
    and other objects, reviewing documents, and using the telephone, as well as using any basic office
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    Electronic Filing - Received, Clerk's Office, March 7, 2008
    equipment, including staplers, staple removers, etc. Being limited to the use ofmy right hand makes
    these activities extremely cumbersome and burdensome,
    if
    not simply impossible to perform on a daily
    basis,
    but more so particularly
    in
    preparing for and participating
    in
    a four-day hearing, involving
    numerQUS CQunts and parties". as well as thousands of pages ofdocuments..
    3.
    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.
    SUBSCRIBED AND SWORN TO
    before me this
    Jl?
    day of
    February, 2008
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    Electronic Filing - Received, Clerk's Office, March 7, 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'S REPLY TO MOTION TO CANCEL HEARING by
    electronic filing" by facsimile and by
    placi~g,
    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
    7
    TH
    dCl:Y ofMARCH, 2008, addressed as follows:
    Christopher Grant
    EtlvirOlUllelltal Bureau
    Assistant Attorney General
    69
    \Y.
    \Vashington, .18th.Flo;or
    Chicago, Illinois 60602
    Facsimile:. (312) 814-2347
    Mark A. LaRose
    Clarissa C. Grayson
    LL4J1,-OSE
    &
    BOSCO, LTD
    AttomeyNo.37346
    2Q() N-erth
    LaSal~e
    Street
    Suite 2810
    Chicago, Illinois 60610
    (312) 642-4414
    Bradley Halloran
    Hearing Officer
    Illinois Pollution Control
    Board
    1.0,0 West Rand_olph, -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, March 7, 2008

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