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)
TO: Christopher Grant
Jennifer Van Wie
Environmental Bureau
Assistant Attorney General
69 W. Washington, 18th Floor
Chicago, Illinois 60602
cgrant@atg.state.il.us
jvanwie@atg.state.il.us
NOTICE OF FILING
Bradley Halloran
Hearing Officer
Illinois Pollution Control Board
100 West Randolph, Suite 11-500
Chicago, Illinois 60601
hallorabralipcb.state.il.us
PLEASE TAKE NOTICE
that on
NOVEMBER 12, 2008,
the undersigned caused to
be electronically filed with Mr. Jo1m Therriault, ofthe Illinois Pollution Control Board, 100 West
Randolph Street, Suite 11-500, Chicago, Illinois 60601, the
RESPONDENTS COMMUNITY
LANDFILL COMPANY, INC. AND EDWARD PRUIM AND ROBERT PRUIMS'
MOTION
IN LIMINE
#3 TO EXCLUDE EIGHT
(8)
INSPECTION REPORTS,
a copy of
which is attached and hereby served upon you.
/s/ Clarissa Y. Cutler
One
of Respondents' Attorneys
TIDS FILING IS SUBMITTED ON RECYCLED PAPER.
Electronic Filing - Received, Clerk's Office, November 12, 2008
Mark
A.
LaRose
LaRose
&
Bosco, Ltd.
200 N. LaSalle Street, Suite 2810
Chicago IL 6060 I
(312) 642-4414
Atty. No. 37346
Clarissa
Y.
Cutler (flkJa Grayson)
Attorney at Law (formerly with LaRose
&
Bosco, Ltd.)
155 North Michigan Avenue, Suite 375
Chicago IL 6060 I
(312) 729-5067
Atty No. 44745
THIS FILING IS SUBMITTED ON RECYCLED PAPER.
Electronic Filing - Received, Clerk's Office, November 12, 2008
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.
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
PCB 04-207
(Enforcement - Land)
PCB 97-193
(Enforcement - Land)
(Consolidated)
RESPONDENTS COMMUNITY LANDFILL COMPANY, INC. AND EDWARD PRUIM
AND ROBERT PRUIMS' MOTION
IN LIMINE
#3 TO EXCLUDE
EIGHT (8) INSPECTION REPORTS
NOW COME Respondents COMMUNITY LANDFILL COMPANY, INC., ROBERT
PRUIM and EDWARD PRUIM, by and through their attorneys Mark
A.
LaRose of LaRose
&
Bosco, Ltd. and Clarissa Y. Cutler, of counsel to LaRose
&
Bosco, Ltd. and pursuant to 35
Ill.Adm. Code Sections
35 Ill.Adm.Code 101.502 and 101.610
(I)
and (q), hereby present their
Motion
in Limine
#3 To Exclude Eight (8) Inspection Reports, and in support t11ereof, state as
follows:
I.
The above matter is scheduled for hearing on December 2-5, 2008.
2.
On August 20, 2008, the State listed a total of 16 inspection reports it intended to
use
as exhibits in the hearing for the above referenced matter. (See Complainant's Witness and
1
Electronic Filing - Received, Clerk's Office, November 12, 2008
Exhibit List, page 2, no. 13, attached as Exhibit A and incorporated herein). Respondent objects
to the introduction
of the following inspection reports listed in Exhibit A:
c.
May 26, 1994
d.
August 29, 1994
g.
November 7,1995
h.
July 11, 1996
1.
March 5, 1997
k.
November 19, 1998
o.
September 7, 1999
p.
April 4, 2000
3.
Of the 16 reports identified on August 20,2008, only eight (8) of those inspection
reports had been previously identified by the Complainant and tendered to Respondents in the
course
of discovery.
(See Complainant's Response to Respondent's Second Set of
Interrogatories, pages 8-9, nos. bb and cc, attached as Exhibit B and incorporated herein.)
4.
On page two of Exhibit B, Complainant identifies with specific references to
specific allegations in the Second Amended Complaint that Warren Weritz will testify
as to
particular counts and the inspections that occurred exactly on August 18, 1993, April
7, 1994,
March 22, 1995, May 22, 1995, and July 28, 1998. (Exh.
B, page 2). Also on page two of
Exhibit B, Complainant identifies with specificity that Christine Kovasznay will testify as to
particular counts and the inspections that occurred on March 31, 1999, May 11, 1999 and July
20, 1999. (Exh. B, page 2). Respondent does not object
to the introduction of those inspection
reports.
4.
These actions were filed by the State in 1997 and 2004. Since that time, the
parties have propounded and answered numerous discovery requests. The parties have taken
numerous depositions. Respondents had the opportunity to depose Mr. Weritz on January
15,
2002 about the inspections that occurred on August 18, 1993, April 7, 1994, March 22, 1995,
2
Electronic Filing - Received, Clerk's Office, November 12, 2008
May 22, 1995, and July 28, 1998. Respondents had the opportunity to depose Ms. Kovasznay on
January 15, 2002 about the inspections that occurred on March 31, 1999, May 11, 1999 and July
20, 1999. However, it would
be fundamentally unfair for any testimony to be admitted
concerrung newly disclosed inspection reports without Respondent having had sufficient
opportunity
to take depositions. Complainant has not seasonably supplemented its interrogatory
responses. The trial court has the inherent power
to exclude facts from being admitted into
evidence where the admission
of such facts would prejudice a party or deny a party a fair trial.
Tomaszewski
v. Godbo1e, 174 Ill.AppJd 629,529 N.E.2d 260 (1988).
5.
The Hearing Ofticer
in
the present matter should rule in advance of the trial that
the following inspection reports (and any testimony thereto) are inadmissible:
c.
May 26, 1994
d.
August 29, 1994
g.
November 7,1995
h.
July 11, 1996
I.
March 5, 1997
Ie.
November 19, 1998
o.
September 7, 1999
p.
Apri14, 2000
WHEREFORE, based
on the foregoing, Respondents respectfully request that Hearing
Ofticer Bradley Halloran GRANT their Motion
in Limine
#3 to Exclude Eight (8) Inspection
Reports.
Respectfully Submitted,
lsi
Clarissa Y. Cutler
One
of Respondents' Attorneys
3
Electronic Filing - Received, Clerk's Office, November 12, 2008
Mark A. LaRose
LaRose
&
Bosco, Ltd.
200 North LaSalle Street, Suite 2810
Chicago IL 60601
(312) 642-4414
Clarissa
Y. Cutler
Attorney at Law
155 North Michigan Avenue, Suite 375
Chicago IL 60601
(312) 729-5067
4
Electronic Filing - Received, Clerk's Office, November 12, 2008
Electronic Filing - Received, Clerk's Office, August 20, 2008
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
PEOPLE OF THE STATE OF ILLINOIS,
Complainant,
v.
EDWARD PRUlM and ROBERT PRUlM,
Respondents.
PEOPLE OF THE STATE OF ll..LINOIS,
Complainant
,
v.
COMMUN1TY LANDFILL COMPANY, INC.,
Respondent.
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
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 minois 6060 I
Bradley P. Halloran
Hearing Officer
minois Pollution Control Board
James R. Thornpson Center, Suite 11-500
100 W. Randolph Street
Chicago,
minois 60601
NOTICE OF FILING
PLEASE TAKE NOTICE that we have today, August 20, 2008, filed with the Office of the Clerk
of the minois 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
USA MADIGAN
Attorney General
of the State ofminois
BY~Ew&~VMl~
CHRJSTOPHER GRANT
Assistant Attorneys General
Environmental Bureau
69 W. Washingion Street, Suite 1800
,
,
Chicago, minois 60602
'(312) 814-0609
(312) 814-5388
I!,J\.
HI
Electronic Filing - Received, Clerk's Office, November 12, 2008
Electroni.c Filing - Received, Clerk's Office, August 20, 2008
WITNESS AND EXHlBlT LIST
People v. CommunityLandjil! Company,
PCB 97-193
People v. Edward alld Rabert Pruim,
PCB 04-207
Complainant's Witnesses
1.
Warren Wen tz, IEPA
2.
Tina Kovasznay, IEPA
3.
Christine Roque, IEPA
4.
Ellen Robinson, IEPA
5.
Blake Hanis, 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 ofMorris
Complainant'sExhibits
1.
All pennit 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 ofMorris 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, Apn123, 1991.
6.
First Midwest Trust "Investment Review for the account of Community Landfill
Company,
as ofDecember 31, 1992".
7.
First Midwest Trust "Investment Review for the account of Community Landfill
Company,
as ofDecember 31,1994".
8.
Letter from Midwest Bank dated May 19, 1995, notifying Illinois EPA that Letter of
Credit expired on Apnl12, 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, November 12, 2008
Electronic Filing. Received, Clerk's Office, August 20, 2008
10.
July 1, 1996 John Taylor letter releasing Trust Fund to CLC.
11.
September 1, 1999 ietter from Michael McDermont, Andrews Environmental
Engineering, Inc., with attached correspondence from
TJ. Adams
&
Associates relating
to July 1, 1996 John Tayior 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.
lIJinois 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;
I.
March 5,1997;
j.
July 28,1998;
k.
November'19,1998;
I.
March 31, 1999;
m.
May
II, 1999;
n.
July 20, 1999;
o.
September 7,1999; and
p.
April 4, 2000.
14.
KMS Morns Power, Inc. Monthly Operating Report for Morns 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 I, 1999, January 1, 2001,
January
1, 2002, and January 1, 2003.
17.
''NonhazardousSolid Waste Management and Landfill Capacity in Illinois", reports
prepared
by lIIinois EPA, Bureau ofLand, for the years 1996 through 2001.
18.
"Available Disposal Capacity for Solid Waste
in lIlinois", annual reports for the years
I
990 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. CLe,
PCB
97-193
People v. Edward and Robert Pruim,
PCB
04-207
Page 2
Electronic Filing - Received, Clerk's Office, November 12, 2008
Electronic Filing - Received, Clerk's Office, August 20, 2008
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
attaclunents.
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 atiaclunents, notifYing
HJinois EPA ofreplacement of financial assurance.
25.
March 18,
1991 LPC-PA15 notice to Illinois EPA signed by Edward Pruim.
26.
March 4, 1997 Ietier from Julie Melvin
to Mark LaRose with atiaclunents.
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, November 12, 2008
Electronic Filing - Received, Clerk's Office, August 210, 2008
PEOPLE V. CLC
&
EDWARD AND ROBERT PRUIM
People v.
People v.
eLe
Edward
PCB 97-193
and Robert
Allegation
What needs to be proven for each count
2" 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
unpennitted portions of
CLC - penalty only
landfill (parcel B)
Pruims - liability
&
penalty
VIII
VIII
Conducting a waste disposal operation without
CLC
- penalty only
a
pennit
Pruims - liability
&
penalty
IX
IX
Open dumping
CLC - penalty
only
Pruims - liability
&
penalty
Electronic Filing - Received, Clerk's Office, November 12, 2008
Electronic Filing. Received, Clerk's Office, August 20, 2008
People v.
People v.
CLC
Edward
PCB 97-193
and Robert
Allegation
What needs to be proven for each count
2
nd
ArneDde~
Pruim
Complaint
PCB 04-
Count No.
207
Count No.
X
X
Violating Standard Operating Pennit 1989-005-
CLC - penalty only
SP Condition #3 (pennit modification and
Pruims
-liability
&
penalty
supplemental pennit)
XII
Xl
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*
xm
XII
Improper disposal ofwaste tires
CLC - penalty only
Pruims - liability
&
penalty
XN
Xli
Violating Standard Operating Permit 1989-005- CLC - penalty only
SP Condition #13 (temporary fencing)
XV
XN
Violating Standard Operating Permit 1996-240-
CLC
-liability
&
penalty
SP Condition
#1 (operation of gas control)
XVI
XV
Violation of Standard operating
Pennit 1996-
CLC - penalty only
240-SP Condition #9 (erosion, ponding,
&
cracks)
XVII
XVI
Violation of Standard Operating Pennit 1996-
CLC
- liability
&
penalty
240-SP Condition #11 (leachate disposal)
2
Electronic Filing - Received, Clerk's Office, November 12, 2008
Electronic Filing. Received, Clerk's Office, August 20, 2008
People v.
People v.
CLC
Edward
PCB 97-193
a"d Robert
Allegation
What needs to be proven for each connt
2
od
,Arnended
Pruim
Complaint
PCB 04-
Count No.
207
ConntNo.
0
XIX
XVII
Failure to provide and maintain financial
Partial
Summary Judgment granted in Complainant's favor against
assurance pursuant to Oct. 24, 1996
pennit
CLC:
(Violation
ofPermit 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
XVIIl
Violation of Standard Operating Pennit 1989-
CLC
-liability
&
penalty
005-SP Condition
#17 (caused or allowed
placement ofleachate in areas not certified or
approved by the lEPA)
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, November 12, 2008
Electronic Filing - Received, Clerk's Office, August 20, 2008
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 ofFiling, Witness and Exhibit List,
and joint-party Allegation and Liability Table, upon the persons listed on said Notice via
facsimile and electronic mail.
~.vawle
\
vu.~
cA.
V
(MIt
WAY
Assistant Attorney General
Environmental Bureau
69
W. Washington Street, Suite 1800
Chicago, TIlinois 60602
(312) 814-0609
Clarissa
Y. Cutler
Fax: (312) 729-5056
cycutler@cyc-law.com
Bradley Halloran
Fax: (312) 814-3669
hall orab@ipcb.state.il.us
Electronic Filing - Received, Clerk's Office, November 12, 2008
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
PEOPLE OF THE STATE OF ILLINOIS,
)
)
Complainant,
)
)
vs.
)
)
COMMUNITY LANDFILL COMPANY,
)
INC.,
an Illinois corporation,
)
)
Respondent.
)
PCB No. 97-193
(Enforcement)
COMPLAINANT'S RESPONSE TO RESPONDENT COMMUNITY
LANDFILL
COMPANY'S SECOND SET
OF
INTERROGATORIES
Complainant PEOPLE OF THE STATE OF ILLINOIS, by its attorney, LISA IvlADIGAN,
Attorney General
of the State ofJllinois, responds to Respondent's Second Set of Interrogatories,
as follows:
DEFINITIONS
I.
"Communication" means any transmission or exchange of infonnation, including,
without limitation, any conversation, correspondence, meeting, and/or discussion, whether face-to-
face or
by means of telephone, telegraph, telex, telecopier, electronic mail or any other medium.
2.
"Complainant" means the People
of the State of Dlinois, any of its agents,
representatives, at1orneys,
or other persons or entities acting on its behalf or under its control.
3.
"Complaint" means the People
of the State of illinois' Complaint and Second
.Amended Complaint for Declaratory, Injunctive and Other Relief
in
the captioned case.
4.
"Documents" means without limitation all original and non-identical copies of
accounts, aclmowledgments, advertisements, affidavits, agreements, analyses, annual reports,
applications, appointment books, articles
ofincorporation, assigrunents, audit reports, balance sheets,
Electronic Filing - Received, Clerk's Office, November 12, 2008
bills, bills oflading, bills of sale, books, brochures, bulletins, business cards, by-laws, calculations,
calendars, catalogues, charges, charts, checks, check registers, check stubs, circulars,
client lists,
clippings, communications, computer cards, computer printouts, computer programs, computer
readable disks, computer tapes, consultant lists, consultant resumes, consultation reports, contracts,
conveyances, corporate minutes and minute books, correspondence, customer call records, customer
lists, data compilations,
deeds, deposition transcripts, diagrams, diaries, descriptions, drafts,
drawings, electronic mail, employment applications, employment records, evaluations, expense
accounts, expense reports, facsimiles, files, file wrappers, film, financial statements, forms, fonnulas,
graphs, histories, income statements, indexes, instructions, insurance policies, insurance records,
insurance reports, inventories, invoices, job assignments,j
ob descriptions, journals, ledgers, letters,
lists, literature, log books, looseleaf binders, magazines, mail grams, manuals, maps, memoranda,
messages, microfiches, microfilm, minutes, models, mortgages, motion pictures, news clippings,
newsletters, newspapers, notebooks, notes, notices, opinions, orders, organizational charts,
pamphlets, papers, patents, periodicals, personnel records, phono-records, photographic negatives,
photographs, pleadings, pocket calendars, policies, press releases, profit and loss statements, prints,
procedures, prototypes, publications, purchase orders, receipts, records, regulations, reports, resumes,
rolodex cards, rules, samples, schedules, searches, security agreements, shipping orders, shop
drawings, slides, specifications, statements, statements
of account, statements of assets and
liabilities, statistics, studies, summaries, surveys, tangible things, tape recordings, tax returns,
telegrams, telephone bills, telephone lists, telephone logs, telexes, test results, time cards, time
sheets, trade letters, transcripts, travel vouchers, treatises, trip reports, warranties, work orders, work
sheets, wrappers and writings.
2
Electronic Filing - Received, Clerk's Office, November 12, 2008
5.
"Identify" when used
in
reference to a document, means to state its title; type (e.g.,
letter, memorandum, etc.); author(s) or originator(s); addressee(s) or recipient(s); subject matter; any
file numbers which may be used
in locating same; the name, present or last Imown address and
phone number
of all persons having possession, custody or contra] of same; and its disposition, if
no one presently has possession, custody or control of same.
6.
"Individual or "Person" means any individual, partnership, corporation, company,
association,
fum, organization, trust or other legal entity, including governmental
entitie~.
ADDITIONAL DEFINITIONS PROVIDED BY COMPLAINANT
7.
" Act" means the Illinois Environmental Protection Act, 4]5 ILCS 5/1 et seq. (2002)
8.
"Board" means the minois Pollution Control Board.
9.
"Site" means the municipal solid waste/special waste landfiJl(s) operated by
Respondent
as further described in the Complaint.
INTERROGATOIUES
I.
Identify all individuals with Imowledge of the Complainant's assessment or
calculation ofpenaIties for violations
of Counts ill, IV, VII, Vill, IX, X,
xm,
XIV, XVI, XIX (part),
and XXI
of the Second Amended Complaint.
ANSWER:
Complainant objects
to Interrogatory No.1 because it the function ofthe Board to assess and
calculate penalties for the listed violations. Complainant refers
to 4] 5 ILCS 5/42 (2002) for
calculation
ofpenalties for the violations alleged in the above referenced counts. Further answering,
Complainant states that a partial list
of those with Imowledge of relevant facts underlying the
violations includes:
3
Electronic Filing - Received, Clerk's Office, November 12, 2008
Mr. Warren Weritz
Ms. Christine Roque
Mr. Blake Harris
Mr. Christine (Tina) Kovasznay
Mr.
Rico Vallejera, Jr.
Mr. ] ohn S. Nosari
M~.
Ellen Robinson
Mr. David Walters
All named above are employees
of Illinois EPA, and may be contacted through counsel for
Complainant. Investigation continues.
see also: Response to InterrogatoryNo. 2
2.
Identify all individuals expected
to testify at a hearing concerning penalties for
violations
of Counts nr, IV, VII, VIII, IX, X, XIII, XIV, XVI, XIX (part), and
XXJ
of the Second
Amended Complaint.
ANSWER:
Mr. Warren Weritz: Mr. Weritz will provide testimony relating to violations noted during
his inspections
ofthe Site from 1994 though 1998. Mr. Weritz'stestimony relates to the violations
alleged in Counts
I, IT, III, VI,
xn
and XIII of the Complaint.
Ms. Christine Kovasznay: Ms. Kovasznay
will provide testimony relating to the violations
contained
in
Counts I, XIV, XVI, XVII,
XIX
and XX oftbe Complaint. Ms. Kovasznay'stestimony
is based on her inspections at the Site during 1999-2000.
4
Electronic Filing - Received, Clerk's Office, November 12, 2008
Ms. Cristina Roque will provide testimony regarding the violations alleged in Counts IV, V,
XX, VII through X, XIX and XXI.
Mr. Blake Harris will provide testimony regarding the violations alleged in Count IV, XIX,
and XXl.
Mr. Rico Vallejera will provide testimony regarding the violations alleged in Count XIX of
the Complaint. Specifically Mr. Vallejera will testify regarding operation of the landfill gas to
electricity plant (gas management system) at the Site.
Mr. David Walters will provide testimony regarding the violations alleged in Counts vn
through X of the Complaint.
Dr.
lohn S. Nosari will testify regarding interest calculations and may provide opinion
testimony based
on Respondent'sfinancial information.
In
addition Dr. Nosari may testify regarding
interest calculations and Respondent's costs.
Dr. Nosari'stestimony will relate to Counts IV, Vll
through X, and XIX.
Complainant will seek testimony from
Mr. Michael McDermont, Andrews Engineering
Company, regarding Andrews engineering's work at the Site, and the violations alleged
in Counts
Vll through X of the Complaint.
In
addition, Complainant may call officers and agents ofthe Respondent, including but not
limited to
Mr.
Robert Pruim, Mr. James Pelnarsh Sr., and
Mr.
lames Pelnarsh Jr.;
Agents/owners/employees of Andrews Engineering Company, Springfield, lllinois, including but
not limited to Mr. Douglas Andrews,
Mr.
Vincent Medonia, Mr. Bradley Hunsberger,
Mr.
Michael
McDermont. Complainant reserves the right
to name any and all additional witnesseS in accordance
with Board Procedural Rules and the Supreme
Court Rules, upon proper notice to Respondent.
5
Electronic Filing - Received, Clerk's Office, November 12, 2008
3.
Identify all statements (whether written, recorded or videotaped) ofany persons with
lmowledge
ofthe Complainant's assessment or calculation ofpenalties for violations ofCounts III,
N,
VIT, VIII,
IX, X,
xm,
XN,
XVI, XIX (part), and XXI of the Second .tunended Complaint.
ANSWER:
Complainant repeats its objection to InterrogatoryNo.
I
to the extent that Respondent asserts
that Complainant assesses or calculates penalties. Further objecting, Complainant states that
InterrDgatory
No.1
is
Qverly vague as to which "stateme,nts" it seeks,
and
Complainant cannot
therefore respond. To the extent that Respondent seeks by this inquiry discoverable documents and
correspondence relevant
to the calculation of penalties, Complainant refers Respondent to
Complainant's document production.
4.
Identify all documents used
or generated hy Complainant in its assessment or
calculation ofpenalties for violations ofCounts III,
N,
VII, VIII, IX, X, XIII,
XN,
XVI, XIX (part),
and
XXI
ofthe Second Amended Complaint.
ANSWER:
Complainant objects to Interrogatory No.4 to the extent that it claims that Complainant
calculates or assesses penalties.
Further answering, Complainant states that .the following
documents
were generated or used in evaluating the listed violations:
Generally: all Exhibits
(A through P) attached to Complainant's Motion for Summary
Judgement, the Act, Board regulations, and transcripts of depositions taken in this case by
Respondent, were used in evaluating the violations for the purpose ofhearing on penalty. Further
answering:
a.
4120/93
Supplemental Permit issued to CLC as operator.
6
Electronic Filing - Received, Clerk's Office, November 12, 2008
b.
10/24/96 Supplemental Permit issued to CLC as operator.
c.
First Midwest Letter of Credit No 486, dated March 12, 1991
d.
Amendment to Letter of Credit No. 486, dated May 22, 1992
e.
Trust Agreement Number 1010-00210-6, First Midwest Trust, April 23, 1991.
f.
First Midwest Trust "Investment Review for the account of Community Landfill Company,
as of December 31, 1992."
g.
first Midwest Trust "Investment Review for the account of Community l.andfill Company
as of December 31,1994.
h.
Letter from Midwest Bank notifYing Illinois EPA dated May 19, 1995, stating that letter of
credit expired on April 12, 1995.
I.
Cover letter for transmission of bond No. 91507 for $1 ,342,500, informing and requesting
release
of trust fund monies.
J.
July 1,1996 Taylor letter releasing Trust Fund to Respondent.
k.
September 1, 1999 letter from Michael McDermont, Andrews Environmental Engineering,
Inc. with attached correspondence from
TJ. Adams
&
Associates relating to
j.
below.
1.
Cover letter for transmission on rider to Bond No. 91507 increasing penal sum to $1 ,439,720
effective September
2, 1999.
m.
. Illinois EPA field inspection report for 3/31/99 inspection permit.
n.
KMS Morris Power, Inc. Monthly Operating Report for Morris Site.
o.
eLC and City ofMorris Application for Supplemental Permit, dated January, 1989.
p.
Supplemental Permit No. 1989-005-SP.
7
Electronic Filing - Received, Clerk's Office, November 12, 2008
q.
Supplemental Pennil No. I 993-066-SP issued April 20, 1993.
r.
Application for Significant Modification Permit dated May, 2000 (2000-156) and
all
subsequent addenda thereto.
s.
CLC and City of Morris Application for Significant Modification to Permit, dated August
5, 1996, including attachments and maps appended thereto, and all addenda.
t.
CLC and City of Morris Addendum to the application for significant modification dated
April 30, 1997.
u.
CLC and City ofMorris supplemental pennit application addendum dated 26, 1996.
v.
CLC and City ofMorris revised cost estimate submitted August 5, 1996.
w.
Significant Modification Permit issued by
TIlinois EPA to CLC and City ofMoms August
4,2000.
x.
Landfill Capacity certification forms submitted by or on behalf of CLC and the City of
Morris as ofApril I, I 989, April I,1990, January I, 1995,January 1,1996, January 1,1997, January
1, 1998, January 1, 1999, January 1,2001, and January
1,
2002.
y.
''NonhazardousSolid Waste Management and Landfi11 CapacityIn Dlinois", reports prepared
by lllinois EPA BOL for the years 1996 through 2001.
z.
"Available Disposal Capacity for Solid Waste in nIinois"- annual reports for
the years 1990
through 1995.
aa.
KMS Morris Power, Inc. Monthly Operating Report for Morris Site, showing operations of
.the gas management system at the Site.
bb.
Inspection reports
ofthe
CLCICity
ofMorris facility from inspections on August 18, 1993,
April
7, 1994, March 22, 1995, May 22, 1995, and July 28,1998.
8
Electronic Filing - Received, Clerk's Office, November 12, 2008
cc.
Inspection reports for the CLC/City of Morris facility from inspections on March 31, 1999,
May II, 1999, July 20, 1999,
dd.
KMS Morris Power, Inc. Monthly Operating Report for Morris Site.
5.
Identify any expert witnesses consulted by Complainant regarding the assessment or
calculation
ofpenalties for violations ofCounts Ill, IV, VII, VIII, IX, X,
xm,
XIV, XVI, XIX (part),
and
XXI ofthe Second Amended Complaint.
ANSWER:
Respondent Objects
to Interrogatory No.5 to the extent that its claims that Complainant
assesses or calculates penalties. Further answering, Respondent has used opinions from
Mr.
Blake
Harris,
Mr. David Walter, Ms Cristina Roque, Ellen Robinson and Dr. John S. Nosari in calculating
the amount
of economic benefit realized by Respondent in the above referenced violations.
6.
Identify all reports prepared by and any conclusions or opinions reached by those
experts named in Interrogatory #5
ofRespondent's Second Request for Interrogatories and identify
all documents relied upon by those experts.
ANSWER:
SEE: response to Interrogatory No.4. At this point, aside from inspection reports, no reports .
have been generated regarding the conclusions reached by the witnesses named in the response to
Interrogatory No.5.
7.
Identify with specificity Complainant's proposed penalties for violations of Counts
ill,
IV, VI!, Vill, IX, X,
xm,
XIV, XVI, XIX (part), and XXI of the Second Amended Complaint,
including but not limited to: the methodology and calculations utilized, and the results reached.
ANSWER:
9
Electronic Filing - Received, Clerk's Office, November 12, 2008
Complainant repeats its objection to Respondent's claim that Complainant calculates
penalties. At the time answering these Interrogatories, Complainant seeks penalties listed in Section
42
of the Act, i.e. $50,000 per violation plus $10,000 per day ofviolation. In addition, Complainant
seeks attorney fees and costs pursuant to Section 42(1) of the Act.
8.
1dentify with specificity all factors in mitigation of penalty as set forth in Section
42(h)
of the Act (415 ILCS 5/42(h)) that were considered by Complainant in its assessment or
calculation ofpenalties for violations ofCounts
m,
IV, VIT,
vm,
TX, X, Xli,
XN,
XVl, XIX (part),
and XX!
of the Second Amended Complaint, and specifically identify how said factors were
considered and how they affected the penalty calculation, including:
(a)
the duration and gravity of the violation;
(b)
the presence or absence ofdue diligence on the part ofCLC in attempting to
comply with the requirements
ofthe Act and regulations thereunder to seek relieftherefrom
as provided by the Act;
(c)
any economic benefits accrued by CLC because
ofdelay in compliance with
requirements;
(d)
the amount of monetary penalty which will serve to deler further violations
by CLC and to otherwise aid
in
enhancing voluntary compliance with the Act by CLC and
other persons similarly subject
to the Act; and
(e)
the number, proximity in time and gravity
ofpreviously adjudicated violations
of the Act by CLC.
ANSWER:
Complainant obj ects
to Interrogatory No.8 because onlythe Board properly considers factors
in mitigation and aggravation
of penalty, first beginning with Section 42 statutory penalties. The
Board will assess and/or calculate the penalty in this matter, taking into consideration its analysis
of
10
Electronic Filing - Received, Clerk's Office, November 12, 2008
these factors.
1n
particular, gravity ofviolation and the amount necessary for deterrence are ultimate
conclusions to be reached by the Board following presentation of evidence.
Further Answering, Complainant states
as follows:
COUNT Ill:
Violations were noted on August 18,1993 and April 7,1994, representing two days
of violation.
COUNT IV:
Complainant states that Respondent was in violation for One Thousand and Sixty
Seven (1067) days. At this time, Complainant believes that Respondent realized
an economic
benefit
of at least $47,496.00, plus interest, from the violations alleged in Count
N.
This figure
may change based on information disclosed in discovery. Complainant notes that the
long period
of noncompliance indicates an extreme lack of diligence and Respondent's indifference to
compliance with the Act and regulations.
COUNTS VII, VIil.
IX.
X:
Complainant believes that these violations have continued from alleasl
August 5,1996 unlil the present. Complainant believes that accumulation of overheight waste and
failure to remove overheight waste represents a lack
of diligence and an indifference to the
requirements
ofRespondent'spermit, the Act, and Board regulations. Complainant also believes
that Respondent recognized
a substantial financial benefit from the violations in Counts VII through
X.
At this point, Complainant believes that Respondent'sbenefit amonnts to at least $4,03 5,500.00,
plus interest from at least August 5, 1996 until the present. Complainant will seek additional
information regarding financial benefit during discovery.
Count XIV:
Violations were noted on March 31, 1999. and represent one day ofviolation.
Count
XV
I:
Violations were noted on March 31, 1999 and July 10, 1999, and represent two days
of violation.
II
Electronic Filing - Received, Clerk's Office, November 12, 2008
COllnt
XIX:
Complainant a]Jeges that RespDndent was in viDlatiDn fDr 941 days, and realized a
financial benefit
Df at least $4,656.00 frDm the viDlatiDns in CDunt XIX. This figure may be
recalculated based
Dn the results Df discDvery. CDmplainant nDtes that the IDng periDd Df
nDncDmpliance as alleged in CDunt XIX, cDmbined with the extended periDd Df nDncDmpliance
in
Count IV, indicates an extreme lack Df diligence and Respondent's indifference regarding
compliance with the Act and BDard regulatiDns.
9.
ldentif'y all individuals with ImDwledge Df CDmplainant's liability fDr alleged
violations ofCDunts I,
ll, VI, XV, XVIT, XX and XIX (part) Dfthe SecDnd Amended CDmplaint.
ANSWER:
Complainant objects tD InterrogatDry ND. 9 as Dverly vague. Liability fDr these Counts (Dr
pDrtiDns thereof) has nDt yet been determined by the BDard. Further answering, the fDllDwing have
knDwledge Dfunderlying facts which
may SUppDrt liability:
a.
Owners, agents and emplDyees DfRespDndent
b.
Officials, agents and employees Dfthe City DfMDrris, IllinDis;
c.
Count I: Warren Weritz, Christine KDvasznay
Count
ll: Warren Weritz
Count VI : Warren Weritz
Count XV: RiCD Vallejera, Jr., Christine Kovasznay, Cristina RDque.
Count XVll: Christine KDvasznay.
Count
XX: Christine KDvasznay, Cristina RDque.
Count
XIX: Cristina RDque, Christine Kovasznay, RiCD Vallejera, Jr.
12
Electronic Filing - Received, Clerk's Office, November 12, 2008
10.
IdentifY all individuals expected to testifY at a hearing with respect to Complainant's
liability for alleged violations
of Counts 1,
n,
VI, XV,
xvn,
XX and XIX (part) of the Second
Amended Complaint.
ANSWER:
See: Answer to lnterrogatoryNo. 9.
In
addition Complainant may call any and all witnesses
named
by Respondent.
11.
Jelenti!}'all statements (whether written, recorded or videotaped) ofany persons with
knowledge
of Complainant's liability for alleged violations of Counts I,
n,
VI, XV, XVll, XX and
XIX (part) oftbe Second Amended Complaint.
ANSWER:
Complainant objects to lnterrogatory No. 11 as overly vague.
Further answering,
Complainant refers Respondent
to lnterrogatory No.4 and documents produced pursuant to
Respondent's document request. lnvestigation continues.
12.
IdentifY all documents used or generated by Complainant with respect to
Complainant'sliability for alleged violations
of Counts 1,
n,
VI, XV,
xvn,
XX and XIX (part) of
the Second Amended Complaint.
ANSWER:
See: answer to lnterrogatory No. II.
13.
Identify any expert witnesses consulted by Complainant with respect to
Complainant'sliability for alleged violations of Counts I,
IT,
VI, XV,
xvn,
XX and XIX (part) of
the Second Amended Complaint.
ANSWER:
13
Electronic Filing - Received, Clerk's Office, November 12, 2008
Warren Weri12: Counts I,
n,
VI.
Cristina Roque: Counts XV, XIX.
Christine Kovasznay: Counts I, XV, XIX.
Dr. Joseph S. Nosari.
Complainant reserves the right
to supplement its list of expert witnesses at any time
pursuant to the requirements ofthe Board procedural rules.
14.
Trlentify all report" prepared by and any conclusions or opinions reached by those
experts named
in
Interrogatory #13 ofRespondent'sSecond Request for Interrogatories and identify
all documents relied upon by those experts.
ANSWER:
Inspection reports of Warren Weritz and Tina Kovasznay relating to the violations alleged
in these counts. Monthly Operation Reports from KMS Energy. Mr.
Wentz and Ms. Kovasznay
will testify to the presence
of leachate which may require opinion testimony. Ms. Kovasznay will
testify regarding the operation
of the landfill gas to energy plant at the Site during March, 1999,
which
mayor may not include opinion testimony. Dr. Joseph S. Nosari may testify regarding
interest and financial matters relating
to the referenced Counts.
14
Electronic Filing - Received, Clerk's Office, November 12, 2008
RESPECTFULLY SUBMITTED:
PEOPLE OF THE STATE OF
ilLINOIS
ex rei.
LISA MADIGAN,
Attorney General
of the
State
ofminois
BY:
C
STOPHER GRANT
EnVIronmental Bureau
Assistant Attorney General
188 West Randolph Street, #2001
Chicago, lL 60601
(312) 814-5388
15
Electronic Filing - Received, Clerk's Office, November 12, 2008
VERIFICATION
The undersigned has reviewed the responses to Respondent's Second Set of
Interrogatories and swears that such responses are true and correct and that the responses are
complete
in
accordance with the requests and subject to the objections interposed
B lake Harris
TIlinois Environmental Protection Agency
Subscri~J.I1d
sworn to before me
this ,.1
-,tV
day ofFebruary, 2003
~()7(ca¥
Public
My commission expires
.5
-.30
&
Electronic Filing - Received, Clerk's Office, November 12, 2008
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
PEOPLE OF THE STATE OF ILLINOIS,
)
ex
rel.
JAMES E. RYAN, Attorney
)
General of the State of Illinois, )
)
Compl ainant,
)
)
vs.
)
)
COMMUNITY LANDFILL COMPANY, INC.,
)
an Illinois corporation.
)
)
Respondent.
)
PCB No. 97-193
CERTIFICATE OF SERVTCE
I, CHRISTOPHER GRANT, an attorney, do certify that I caused
to be served this 7th day of February, 2003, Complainant's
Response to Respondent's Second Set of Interrogatories, upon the
persons listed below by placing same in an envelope bearing
sufficient postage with the United States Postal Service located
at 100 W. Randolph, Chicago.
Service List:
Mr. Mark LaRose
Ms. Clarissa Grayson
LaRose & Bosco
734 N. Wells Street
Chicago Illinois 60610
CHRISTOPHER GRANT
Electronic Filing - Received, Clerk's Office, November 12, 2008
CERTIFICATE OF SERVICE
I, Clarissa
Y.
Cutler (flkJa Grayson), an attorney, hereby certif'ythat 1 caused to be served
a copy
of the foregoing RESPONDENTS COMMUNITY LANDFILL COMPANY, INC.
AND EDWARD PRUIM
AND
ROBERT PRUIMS' MOTION
IN LIMINE
#3
TO
EXCLUDE EIGHT (8) INSPECTION REPORTS, by electronic filing, emailing, 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
12
TH
day of NOVEMBER, 2008,
addressed as follows:
By U.S.
Mail and email
Christopher Grant
Jennifer Van Wie
Environmental Bureau
Assistant Attorney General
69
W. Washington, 18th Floor
Chicago, Illinois 60602
cgrant@atg.state.il.us
jvanwie@atg.state.il.us
Mark A. LaRose
LaRose
&
Bosco, Ltd.
200 N. LaSalle Street, Suite 2810
Chicago IL 60601
(312) 642-4414
Atty. No. 37346
By U.S.
Mail and email
Bradley Halloran
Hearing Officer
Illinois Pollution Control Board
100 West Randolph, Suite 11-500
Chicago, Illinois 60601
hallorabliilipcb.state.il.us
lsi
Clarissa Y. Cutler
One
of Respondents' Attorneys
Clarissa
Y. Cutler (flkJa Grayson)
Attorney at Law (formerly with LaRose
&
Bosco, Ltd.)
155 North Michigan Avenue, Suite 375
Chicago IL 6060 I
(312) 729-5067
Atty No. 44745
THIS FILING IS SUBMITTED ON RECYCLED PAPER.
Electronic Filing - Received, Clerk's Office, November 12, 2008
