BEFORE THE ILLINOIS POLLUTION CONTROL BOARD

PEOPLE OF THE STATE OF ILLINOIS,

Complainant,

v.

EDWARD PRUIM and ROBERT PRUIM,

Respondents.

PEOPLE OF THE STATE OF ILLINOIS,

Complainant,

v.

COMMUNITY LANDFILL COMPANY, INC.,

Respondent.

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PCB 04-207

(Enforcement - Land)

PCB 97-193

(Enforcement - Land)

(Consolidated)

To:

(Via Electronic Filing)

Clarissa Y. Cutler

Attorney at Law

155 North Michigan Avenue, Suite 375

Chicago Illinois 60601

Bradley P. Halloran

Hearing Officer

Illinois Pollution Control Board

James

R.

Thompson Center, Suite 11-500

100 W. Randolph Street

Chicago, Illinois 60601

NOTICE OF FILING

PLEASE TAKE NOTICE that we have today, August 20, 2008, filed with the Office of the Clerk

of the Illinois Pollution Control Board, by electronic filing, Complainant's Witness and Exhibit List and a

joint-party Allegation and Liability Table.

PEOPLE OF THE STATE OF ILLINOIS

LISA MADIGAN

Attorney General

of the State of Illinois

By~rt&

J

ER. VANWIE

54.

V

Mt

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CHRISTOPHER GRANT

Assistant Attorneys General

Environmental Bureau

69 W. Washington Street, Suite 1800

Chicago, Illinois 60602

(312) 814-0609

(312) 814-5388

Electronic Filing - Received, Clerk's Office, August 20, 2008

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WITNESS AND EXHIBIT LIST

People

v.

Community Landfill Company,

PCB 97-193

People

v.

Edward and Robert Pruim,

PCB 04-207

Complainant's Witnesses

1.

Warren Weritz, IEPA

2.

Tina Kovasznay, IEPA

3.

Christine Roque, IEPA

4.

Ellen Robinson, IEPA

5.

Blake Harris, IEPA

6.

Dr. John Nosari or Gary Styzens, IEPA

7.

Rico Vallejera, Jr., IEPA

8.

Brian White, IEPA

9.

Robert Pruim

10.

Edward Pruim

11.

James Pelnarsh, Sr.

12.

John Enger, City of Morris

Complainant's Exhibits

1.

All permit applications, whether original, supplemental, or requesting a significant

modification, and the addendum thereto submitted by CLC to the Illinois EPA from 1989

through 2000.

2.

All Illinois EPA permits granted to CLC and the City of Morris from 1989 to the present

for the Morris Community Landfill.

3.

First Midwest Letter of Credit No. 486, dated March 12, 1991.

4.

Amendment to Letter of Credit No. 486, dated May 22, 1992.

5.

Trust Agreement Number 1010-00210-6, Fist Midwest Trust, April 23, 1991.

6.

First Midwest Trust "Investment Review for the account of Community Landfill

Company, as

of December 31, 1992".

7.

First Midwest Trust "Investment Review for the account of Community Landfill

Company, as

of December 31, 1994".

8.

Letter from Midwest Bank dated May 19, 1995, notifying Illinois EPA that Letter of

Credit expired on April 12, 1995.

9.

June 19, 1998 cover letter for transmission of Bond No. 91507 for $1,342,500, informing

and requesting release

of trust fund monies.

Electronic Filing - Received, Clerk's Office, August 20, 2008

---

10.

July 1, 1996 John Taylor letter releasing Trust Fund to CLC.

i

1.

September I, 1999 letter from Michael McDermont, Andrews Environmental

Engineering, Inc., with attached correspondence from T.J. Adams

&

Associates relating

to July

1, 1996 John Taylor letter releasing Trust Fund to CLC.

.

12.

Cover letter for transmission on rider to Bond No. 91507 increasing penal sum to

$1,439,720, effective September 2, 1999.

13.

Illinois EPA field inspection reports for the following inspection dates:

a.

August 18, 1993;

b.

April 7, 1994;

c.

May 26, 1994;

d.

August 29, 1994; .

e.

March 22, 1995;

f.

May 22, 1995;

g.

November 7, 1995;

h.

July 11, 1996;

1.

March 5, 1997;

J.

July 28, 1998;

k.

November'19, 1998;

1.

March 31, 1999;

m.

May 11, 1999;

n.

July 20, 1999;

o.

September 7, 1999; and

p.

April 4, 2000.

14.

KMS Morris Power, Inc. Monthly Operating Report for Morris Community Landfill site.

15.

. Revised Cost Estimate submitted on August 5, 1996.

16.

Landfill Capacity Certification Forms submitted by or on behalf

of CLC and the City of

Morris on or around April 1, 1989, April 1, 1990, April 19, 1993, January 18, 1995,

January 15, 1996, February 7, 1997, January 1, 1998, January 1, 1999, January 1,2001,

January 1,2002, and January

1, 2003.

17.

"Nonhazardous Solid Waste Management and Landfill Capacity in Illinois", reports

prepared by Illinois EPA, Bureau of Land, for the years 1996 through 2001.

18.

"Available Disposal Capacity for Solid Waste in Illinois", annual reports for the years

1990 through 1995.

19.

All discovery responses and documents produced by CLC in response to discovery

requests issued

by the Complainant.

Complainant's Witness and Exhibit List

People

v. CLC,

PCB

97-193

People v. Edward and Robert Pruim,

PCB

04-207

Page 2

Electronic Filing - Received, Clerk's Office, August 20, 2008

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20.

Deposition transcripts for the following persons:

a.

Edward Pruim

b.

Robert Pruim

c.

James Pelnarsh, Sr.

21.

Economic benefit calculation prepared by Chris Roque dated January 21,2003 with

attachments.

22.

John Taylor report on economic benefit of financial assurance non-compliance.

23.

U.S. Income Tax Returns, and all schedules attached thereto, submitted for CLC for the

calendar years 1993 through 1999.

24.

June 19, 1996 letter from Mark LaRose to John Taylor, with attachments, notifying

Illinois EPA of replacement of financial assurance.

25.

March 18, 1991 LPC-PA15 notice to Illinois EPA signed by Edward Pruim.

26.

March 4, 1997 letter from Julie Melvin to Mark LaRose with attachments.

Complainant's Witness and Exhibit List

People

v. CLC,

PCB

97-193

People v. Edward and Robert Pruim,

PCB

04-207

Page 3

Electronic Filing - Received, Clerk's Office, August 20, 2008

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PEOPLE V. CLC

&

EDWARD AND ROBERT PRUIM

People v.

Peoplev.

CLC

Edward

Allegation

What needs to be proven for each count

PCB 97-193

and Robert

2

nd

Amended

Pruim

Complaint

PCB 04-

Count No.

207

Count No.

I

I

Failure to adequately manage refuse

&

litter

Liability

&

-penalty for CLC and Pruims

II

II

Failure to prevent or control leachate flow

Liability

&

penalty for CLC and Pruims

III

III

Failure to properly dispose oflandscape waste

CLC - penalty only

Pruims - liability

&

penalty

IV

IV

Failure to provide and maintain financial

CLC - penalty only

assurance pursuant to April 20, 1993 permit

Pruims

-liability

&

penalty

V

V

Failure to timely file the required application

CLC

-:- penalty only

for a Significant Modification

Pruims

-liability

&

penalty

VI

VI

Water Pollution

Liability

&

penalty for CLC and Pruims

VII

VII

Depositing waste in unpermitted portions of

CLC - penalty only

landfill (Parcel B)

Pruims -liability

&

penalty

VIII

VIII

Conducting a waste disposal operation without

CLC - penalty only

a permit

Pruims -liability

&

penalty

IX

IX

Open dumping

CLC - penalty only

Pruims - liability

&

penalty

Electronic Filing - Received, Clerk's Office, August 20, 2008

---

People v.

People v.

CLC

Edward

Allegation

What needs to be proven for each count

PCB 97-193

and Robert

2

0d

Amended

Pruim

Complaint

PCB 04-

Count No.

207

Count No.

X

X

Violating Standard Operating Permit 1989-005-

CLC - penalty only

SP Condition #3 (permit modification and

Pruims - liability

&

penalty

supplemental permit)

XII

XI

Conducting a waste disposal operation without

CLC - Dismissed

a permit (Parcel A)

Pruims -liability

&

penalty

*The Complainant plans

to dismiss this count against the Pruims*

XIII

XII

Improper disposal

ofwaste tires

CLC - penalty only

Pruims

-liability

&

penalty

XIV

XIII

Violating Standard Operating Permit 1989-005-

CLC - penalty only

SP Condition #13 (temporary fencing)

XV

XIV

Violating Standard Operating Permit 1996-240-

CLC - liability

&

penalty

SP Condition #1 (operation of gas control)

XVI

XV

Violation of Standard Operating Permit 1996-

CLC - penalty only

240-SP Condition #9 (erosion, ponding,

&

cracks)

XVII

XVI

Violation of Standard Operating Permit 1996-

CLC - liability

&

penalty

240-SP Condition #11 (leachate disposal)

2

Electronic Filing - Received, Clerk's Office, August 20, 2008

---

People v.

People v.

CLC

Edward

Allegation

What needs to be proven for each count

PCB 97-193

and Robert

2

0d

Amended

Pruim

Complaint

PCB 04-

Count No.

207

Count No.

XIX

XVII

Failure to provide and maintain financial

Partial Summary Judgment granted in Complainant's favor against

assurance pursuant to Oct. 24, 1996 permit

CLC:

(Violation

of Permit 1996-240-SP, Condition

#13)

(a) CLC liable in part for failing to increase financial assurance from

$1,342,500 to $1,431,600 by January 22, 1997

CLC - hearing on penalty

Pruims - hearing on penalty and liability

----------------------------------------------------------------------

(b) Alleges Respondents did not increase financial assurance to

$1,439,720 before operation

of gas system -- hearing as to when gas

system began operating.

Liability

&

penalty for CLC and Pruims

XX

XVIII

Violation

of Standard Operating Permit 1989-

CLC - liability

&

penalty

005-SP Condition #17 (caused or allowed

placement

of leachate in areas not certified or

approved by the IEPA)

XXI

XIX

Failure to provide revised cost estimate by

CLC - penalty only

December 26, 1994

Pruims - liability

&

penalty

3

Electronic Filing - Received, Clerk's Office, August 20, 2008

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CERTIFICATE OF SERVICE

I, JENNIFER A. VAN WIE, an Assistant Attorney General, do certify that I caused to be

served this 20

th

day of August, 2008, the foregoing Notice of Filing, Witness and Exhibit List,

and joint-party Allegation and Liability Table, upon the persons listed

on said Notice via

facsimile and electronic mail.

~.va~e

"\

w..-[uo

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Assistant Attorney General

Environmental Bureau

69 W. Washington Street, Suite 1800

Chicago, Illinois 60602

(312) 814-0609

Clarissa

Y.

Cutler

Fax: (312) 729-5056

cycutler@cyc-Iaw.com

Bradley Halloran

Fax: (312) 814-3669

hallorab@ipcb.state.il.us

Electronic Filing - Received, Clerk's Office, August 20, 2008