TITLE

BEFORE THE ILLINOIS POLLUTION CONTROL BOARD

PEOPLE OF THE STATE OF ILLINOIS, )

)

Complainant,

)

vs.

)

EDWARD PRUIM and ROBERT PRUIM, )

)

Respondents.

)

PEOPLE OF THE STATE OF ILLINOIS, )

)

Complainant,

)

vs.

)

COMMUNITY LANDFILL COMPANY, )

n~c.,

)

Respondent.

)

PCB No. 04-207

(Enforcement

- Land)

PCB No. 97-193

(Enforcement - Land)

(consolidated)

TO: Christopher Grant

Jennifer Van Wie

Environmental Bureau

Assistant Attorney General

W. Washington, 18th Floor

Chicago, Illinois 60602

Fax: (312) 814-2347

NOTICE OF FILING

Bradley Halloran

Hearing Officer

Illinois Pollution Control Board

100 West Randolph, Suite 11-500

Chicago, Illinois 60601

Fax: (312) 814-3669

PLEASE TAKE NOTICE that on AUGUST 20, 2008, the undersigned caused to be

electronically filed with Mr. John Therriault, of the 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'SLIST OF

WITNESSES AND EXHIBITS, AND A JOINT-PARTY ALLEGATION AND LIABILITY

TABLE, FOR HEARING ON OCTOBER 20-23,2008, a copy of which is attached and

hereby served upon you.

/s/ Clarissa Y. Cutler

One

of Respondents' Attorneys

THIS FILING IS SUBMITTED ON RECYCLED PAPER.

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

Mark A. LaRose

LaRose

Bosco, Ltd.

200 N. LaSalle Street, Suite 2810

Chicago IL 60601

(312) 642-4414

Atty. No. 37346

Clarissa

Y. Cutler (f/k/a Grayson)

Attorney at Law (formerly with LaRose

Bosco, Ltd.)

155 North Michigan Avenue, Suite 375

Chicago IL 60601

(312) 729-5067

Arty

l~o.

44745

THIS FILING IS SUBMITTED ON RECYCLED PAPER.

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

BEFORE THE ILLINOIS POLLUTION CONTROL BOARD

PEOPLE OF THE STATE OF ILLINOIS, )

)

Complainant,

)

vs.

)

EDWARD PRUIM and ROBERT PRUIM, )

)

Respondents.

)

--------------)

PEOPLE OF THE STATE OF ILLINOIS, )

)

Complainant,

)

vs.

)

COMMUNITY LANDFILL COMPANY, )

INC.,

)

Respondent.

)

PCB No. 04-207

(Enforcement - Land)

PCB No. 97-193

(Enforcement - Land)

(consolidated)

RESPONDENTS COMMUNITY LANDFILL COMPANY, INC., ROBERT PRUIM

AND EDWARD PRUIM'S LIST OF WITNESSES AND EXHIBITS, AND A JOINT-

PARTY ALLEGATION AND LIABILITY TABLE,

FOR HEARING ON OCTOBER 20-23, 2008

Respondents

COlv11vflJ1~ITY

LAt~DFILL CO~v1P At~Y,

It~C.,

EDVIAPJ) PRUI1\1 and

ROBERT PRUIM,

by and through their attorneys Mark A. LaRose of LaRose

Bosco, Ltd. and

Clarissa

Y. Cutler, and pursuant to the July 17, 2008 Order by Hearing Officer Bradley Halloran,

hereby file Respondents Community Landfill Company, Inc., Robert Pruim and Edward Pruim's List

of Witnesses and Exhibits for Hearing on October 20-23, 2008, as follows:

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

Witnesses

Respondents may call any

of the following individuals as witnesses:

R. Michael McDermont

James Pelnarsh Sr.

Robert Pruim

Edward Pruim

John Taylor

Warren Weritz

Christina Kovasznay

Cristina Roque

Bruce Kugler

10.

Blake Harris

11.

Andrew Catlin

12.

Jeanne Anne Robinson

13.

Any witnesses listed by Complainant

Respondents reserve the right to supplement this witness list.

Exhibits

Respondents may use any

of the following documents as exhibits:

1. All inspection reports conducted by Warren Weritz and/or Christina Kovasznay on April

7,1994; March 22,1995; 1\t1ay 22,1995; July 28,1998; }v1arch 31,1999; }v1ay 11,1999

and July 20, 1999.

2. Complainant's Responses and Objections to Respondent's Request for Admission

Facts (and any documents referenced therein)

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

3. IEPA Affidavits for Complainant's Responses to Respondent's First Request for

Admission

of Facts (and any documents referenced therein)

4. Complainant'sResponses and Objections to Respondent's First Request for Production

of Documents (and any documents referenced therein)

5. Complainant's Responses and Objections to Respondent's First Set of Interrogatories

(and any documents referenced therein)

6. Complainant's Responses and Objections to Respondent's Second Request for

Production

of Documents (and any documents referenced therein)

7. Complainant's Responses and Objections to Respondent's Second Set of Interrogatories

(and any documents referenced therein)

8. Exhibits 1-5 (and all attachments thereto) to Respondent Community Landfill Company

Inc.'s Cross=:rv1otion for Summar; Judgment filed on 1v1arch 1, 2002

9. Exhibits A-W (and all attachments thereto) to Respondents Robert Pruim and Edward

Pruims' Motions for Summary Judgment filed on January

13,2006

10. Exhibits A-N (and all attachments thereto) to Complainant'sMotion for Partial Summary

Judgment filed on October 15, 2001

11. IEPA Permit 1996-240-SP

12. EPA Permit 1989-005-SP

13.35 III Adm. Code 807.100

et seq

14. Gas management acceptance report application narrative dated April 22, 1999, (approved

by IEPA Permit 1999-175-SP)

15. IEPA Permit 1993-401-IN

16. Rapier Report dated August 30,2000

17.

documents listed by Complainant

Respondents reserve the right to supplement this Exhibit list.

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

Joint-Party Allegation and Liability Table (see attached)

Respectfully submitted,

lsi

Clarissa Y. Cutler

One

of Respondents' Attorneys

Mark A. LaRose

LaRose & Bosco, Ltd.

200 N. LaSalle Street, Suite 2810

Chicago IL 60601

(312) 642-4414

Atty. No. 37346

Clarissa Y. Cutler (f/kla Grayson)

Attorney at

Law (formerly with LaRose

Bosco, Ltd.)

155 North Michigan Avenue, Suite 375

Chicago

1L 60601

(312) 729-5067

Atty No. 44745

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

PEOPLE

VI.

CLC & EDWARD AND

R~DBE:RT

PRUIM

What needs to be proven for each count

altyonly

ability & penalty

altyonly

ability & penalty

altyonly

ability & penalty

altyonly

ability

penalty

Ilaityonly

liability

penalty

-peIlalty for CLC and Pruims

peIlalty for CLC and Pruims

altyonly

ability

penalty

", perlalty for CLC and Pruims

People v.

Peoplev.

CLC

Edward

Allegation

PCB 97-193

and Roberl

, 2

Amended

Pruim

Complaint

PCB 04-

Count No.

207

Count No.

Failure to adequately manage

r~~fuse

& litter

Liability

Failure to pre'ventor control leachate flow

Liability

III

Failure to properly dispose of landscape waste

CLC -peI1

Pruims

-IJ

Failure to provide and maintaiI1l financial

CLC-peIJ

assurance pursuant to April 20, 1993 permit

Pruims

-lj

Failure to tim1ely file the required application

CLC~peIJI

for a Significant Modification

Pruims

-1]1

Water Pollution

Liability

VII

Depositing waste

unpermitted portions of

CLC-pelll

landfill (Parce:l B)

Pruims

-Iii

VIII

Conducting a waste disposal operation without

CLC - pen

a permit

Pruims -I]

Open dumping

CLC-peIJI

Pruims -lJI

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

What needs to be proven for each count

altyonly

ability & penalty

ilityr & penalty

altyonly

ability

penalty

altyonly

ilityr

penalty

alty only

'nissed

bility

penalty

plaiIlant plans to. dismiss this count against the Pruims*

People v.

CLC

Edward

Allegation

PCB 97-193

and Robert

Amended

Pruim

Complaint

PCB 04-

Count No.

207

Count

No.

Violating Starldard Operating P'ermit1989-005- CLC-pen.

SP Condition #3 (pennit modification and

Pruims -Ii

supplemental pennit)

XII

Conducting a waste 'disposal op1eration without

CLC - Dis]

a pennit (parcel A)

Pruims -lit]

*TheCom-

Xli

XII

Improper disposal ofwaste tires

CLC-pen

Pruims -Ii

XIV

XIII

Violating Starldard Operating

Pennit 1989-005- CLC-pen

SP Condition #13 (temporary fencing)

Violating Starldard Operating plermit 1996-240-

CLC-liab

SP Condition #1 (operation of gas control)

XVI

Violation of Standard Operating Permit 1996-

CLC-pen

240-SP Condition #9 (erosion, ponding,

cracks)

XVII

XVI

Violation of Standard OperatinJg Permit 1996-

CLC-liab

240-SP Condition #11 (leachate disposal)

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

What needs to be proven for each count

ility

penalty

altyonly

ability & penalty

nmary Judgment granted in Complainant's favor against

ring on penalty

earirlg on penalty and liability

::lble in part for failing to increase financial assurance from

) to $1,431,600 by January 22, 1997

:; Respondents did Jnot increase financial assurance to

) before operation

of gas system -- hearing as to when gas

~an

operating.

perlalty for CLC ,md Proims

People v.

CLC

Edward

Allegation

PCB 97-193

and Roberl

Amended

Pruim

Complaint

PCB 04-

Count No.

207

Count No.

XIX

xvn

Failure to pro'vide and maintain financial

Partial

assurance pursuant to Oct. 24, 1996 permit

CLC:

(Violation

of Pennit 1996-240-SP, Condition

#13)

(a) CLC'

$1,342,5t

CLC - he

Pruims -

.............--_..

(b) Alleg<

$1,439,7:

system b,

Liability

XVIII

Violation of Standard Operating Pennit 1989-

CLC-liat

005-SP Condition #17 (caused or allowed

placement

of leachate in areas I10t certified or

approved by the IEPA)

XXI

XIX

Failure to provide revised cost

.~stimate

CLC-pen

December 26, 1994

Pruims

-lli

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

CERTIFICATE OF SERVICE

I, Clarissa Y. Cutler (f/kla Grayson), an attorney, hereby certify that I caused to be served

a copy

of the foregoing RESPONDENTS COMMUNITY LANDFILL COMPANY, INC.,

ROBERT

PRUIM AND EDWARD PRUIM'S LIST OF WITNESSES AND EXHIBITS,

AND A JOINT-PARTY ALLEGATION AND

LIABILITY TABLE, FOR HEARING ON

OCTOBER 20-23, 2008, by electronic filing, 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 20

day of AUGUST, 2008, addressed as follows:

By U.S. Mail and facsimile

Christopher Grant

Jelmifer Van "Vie

Environmental Bureau

Assistant Attorney General

69 W. Washington, 18th Floor

Chicago, Illinois 60602

Fax: (312) 814-2347

Mark A. LaRose

LaRose

Bosco, Ltd.

200 N. LaSalle Street, Suite 2810

Chicago IL 60601

(312) 642-4414

Atty.

}~o.

37346

By U.S. Mail and facsimile

Bradley Halloran

Hearing Officer

Illinois Pollution Control Board

100 West Randolph, Suite 11-500

Chicago, Illinois 60601

Fax: (312) 814-3669

lsi

Clarissa Y. Cutler

One

of Respondents' Attorneys

Clarissa

Y. Cutler (f/kla Grayson)

Attorney at

Law (formerly with LaRose & Bosco, Ltd.)

155 North Michigan Avenue, Suite 375

Chicago IL 60601

(312) 729-5067

Arty No. 44745

THIS FILING IS SUBMITTED ON RECYCLED PAPER.

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