| | - BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
- NOTICE OF FILING
- TillS FILING IS SUBMITTED ON RECYCLED PAPER.
- THIS FILING IS SUBMITTED ON RECYCLED PAPER.
- BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
- RESPONDENTS COMMUNITY LANDFILL COMPANY, INC. AND EDWARD PRUlM
- TESTIMONY OF JOHN ENGER
- I1:X H IIUI
- Electronic Filing - Received, Clerk's Office, August 20, 2008
- Electronic Filing - Received, Clerk's Office, August 20, 2008
- 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)
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
hallorab@ipcb.state.il.us
PLEASE TAKE NOTICE
that on
NOVEMBER 12, 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. AND EDWARD PRUIM AND ROBERT PRUIMS'
MOTION
IN LIMINE
#2 TO EXCLUDE TESTIMONY OF JOHN ENGER,
a copy of
which is attached and hereby served upon you.
lsi
Clarissa Y. Cutler
One of Respondents' Attorneys
TillS 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 1L
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
1L
6060
I
(312) 729-5067
AttyNo.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 PRUlM
AND ROBERT PRUlMS' MOTION
IN LIMINE
#2 TO EXCLUDE
TESTIMONY OF JOHN ENGER
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
IlI.Adm. Code Sections 35 IlI.Adm.Code 101.502 and 101.610
(I)
and (q), hereby present their
Motion
in Limine
#2 To Exclude Testimony of John Enger, and in support thereof, state as
follows:
1.
The above matter is scheduled for hearing on December 2-5, 2008.
2.
On October 6, 2008, counsel for Complainant produced various documents that
had been previously produced by the City of Morris in another matter pending before the Board,
I
Electronic Filing - Received, Clerk's Office, November 12, 2008
PCB 03-191. At the same time, cOlillsel for Complainant indicated that it would" ...use these
documents in the examination
of John Enger." (See October 6, 2008 letter from Christopher
Grant to Clarissa Cutler, attached as Exh. A and incorporated herein.)
3.
Mr. Enger was not disclosed as a potential witness by the State until August 20,
2008. (See Complainant's Witness and Exhibit List, attached
as Exh. B and incorporated
herein). However, the subject matter
of his testimony was not described in that filing and
documents which would purportedly be used in his examination were not timely disclosed and
were not tendered until October
6, 2008. (Exh. A). Finally, Mr. Enger was not disclosed by the
State in its Response to Respondent's Second Set ofInterrogatories, served on February
7, 2003.
(Exh. C).
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.
It
would be fundamentally unfair for any testimony by Mr. Enger to be
heard without Respondent having had sufficient opportunity to
talee his deposition. 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.
Godbole, 174 IlI.App.3d 629, 529 N.E.2d 260 (1988).
5.
The Hearing Officer in the present matter should rule in advance of the trial that
any testimony from John Enger offered by the Complainant in this matter is inadmissible.
WHEREFORE, based on the foregoing, Respondents respectfully request that Hearing
Ofiicer Bradley Halloran GRANT their Motion
in Limine
#2 to Exclude Testimony of Jolm
Enger.
2
Electronic Filing - Received, Clerk's Office, November 12, 2008
Mark A. LaRose
LaRose
&
Bosco, Ltd.
200
North LaSalle Street, Suite 2810
Chicago
1L 60601
(312) 642-4414
Clarissa Y. Cutler
Attorney at
Law
155 North Michigan Avenue, Suite 375
Chicago 1L 60601
(312) 729-5067
Respectfully Submitted,
/s/ Clarissa Y. Cutler
One
of Respondents' Attorneys
3
Electronic Filing - Received, Clerk's Office, November 12, 2008
OFFICE OF THE ATIORNEY GENERAL
STATE OF ILLINOIS
Lisa Madigan
ATTORNEY GENERAl.
October 6, 2008
Ms. Clarissa Grayson
Attorney
at Law
155
N. Michigan Ave, Suite 375
Chicago,
IL 60601
Dear Clarissa:
Attached are additional documents which the State may use at the December hearing in
PCB
97-193/04-207.
Documents COM 000262-000273 are City of Morris records regarding
disposal
of waste in the Landfill during 1994. These sheets were used to track royalties owed,
and were produced by the City in the financial assurance case (03-191). We intend
to use these
documents
in the examination ofJohn Enger.
The second group
of documents are certified copies of federal court records from U.S. v.
Pruim, No.
93 CR 0682. These were just recently obtained from the federal records center. They
do not constitute 'exhibits'as we only intend
to use them, ifat all, as impeachment for the
testimony
of Robert and/or Edward Pruim. I am disclosing them now to prevent surprise later
on. I have the original certified copy
ifyou want to examine it before hearing.
Call
me if you have any questions.
s
Ii
Gran
A istant Attorney General
Environmental Bureau
69
W. Washington Street, I
8'h
FIr.
Chicago, Illinois 60602
(3 I2)814-5388
500 South Second SUCCI. Springfield, Illinois 6Z706 • (217) 782-1090 •
Tn':
(217) 7BS.Z77t • Fax: (217) 782-7046
100 Wen Rnndolph Street. Chicugo, Illinois 60601 • (312) 814-3000 .' lTY: (312) 814-3374 • Fnx: (312) 814-3806
tOOl Enn Muin.
Carbondale, Illinois
62901 • (6lS) 529.6400 • Tl'Y: {6IB} 529.6-103 • Fax: (618)529-6416
oE3!-
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 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)
(Co!,solidated)
To:
(Via Electronic Fillng)
Clarissa Y. Cutler
Attorney
at Law
ISS North Michigan Avenue, Suite 375
Chicago l1linois 60601
Bradley P. Halloran
Hearing Officer
minois Pollution Control Board
James R. Thompson Center, Suite 11-500
100
W. Randolph Street
Chicago, minois 6060 I
I1:X H IIUI
NOTICE OF FILING
PLEASE TAKE NOTICE that we have today, August 20,2008, filed with the Office of the Clerk
ofthe 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
LISA MADIGAN
Attorney General
of the State of minois
BY~Ew&~VMt~
CHRISTOPHER GRANT
Assistant Attorneys General
Environmental Bureau
69 W. Washington Street, Suite 1800
,
"""
Chicago, l1linois 60602
(312) 814-0609
(312) 814-5388
Electronic Filing - Received, Clerk's Office, November 12, 2008
Electroni.c Filing - Received, Clerk's Office,August 20, 2008
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 Wentz, 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 WlUte, IEPA
9.
Robert Pruim
10.
Edward Pruim
11.
James Pelnarsh, Sr.
12.
John Enger, City ofMonis
Complainant's Exhibits
1.
All permit applications, whether original, supplemental, or requesting a significant
modification, and the addendum thereto submi tted by CLC
to the Illinois EPA from 1989
through 2000.
2.
All Illinois EPA permits granted to CLC and the City ofMonis from 1989 tei the present
for the
Monis 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 "lnvestment Review for the account of Community Landfill
Company, as
ofDecember 31, 1992".
7.
First Midwest Trust "lnvestment 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 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, November 12, 2008
Electronic Filing - Received, Clerk's Office, August 20, 2008
10.
July 1, 1996 JDhn Taylor letter releasing Trust Fund to CLC.
11.
September 1, 1999 letter from Michael McDermont, Andrews Envirorunental
Engineering, Inc., with attached correspDndence from TJ. Adams
&
Associates relating
to July 1,1996 JDhn Taylor 1etterreleasing Trust Fund to CLC.
.
12.
Cover letter fDr transmissiDn on rider to BDnd ND. 91507 increasing penal sum tD
$1,439,720, effective September 2, 1999.
13.
IllinDis EPA field inspectiDn repDrts for the follDwing inspectiDn 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;
J.
March 5, 1997;
J.
July 28, 1998;
k.
November'19, 1998;
I.
March 31,1999;
m.
May 11,1999;
n.
July 20, 1999;
D.
September 7, 1999; and
p.
April 4, 2000.
14.
KMS Morris Power, Inc. MDnth1y Operating RepDrt fDr Morris Community Landfill site.
15.
. Revised
CDst Estimate submitted Dn August 5, 1996.
16.
Landfill Capacity CertificatiDn Forms submitted by or Dn behalf of CLC and the City Df
Morris Dn Dr arDund 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.
"NDnhazardous Solid Waste Management and Landfill Capacity in lilinDis", repDrts
prepared
by lIIinois EPA, Bureau of Land, fDr the years 1996 thrDugh 2001.
18.
"Available DispDsa1 Capacity fDr SDlid Waste in IllinDis", annual repDrts fDr the years
1990
thrDUgh 1995.
19.
All discDvery respDnses and dDcuments produced by CLC in response to discDvery
requests issued by the CDmplainant.
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, 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
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-PAI5 notice to Illinois EPA signed by Edward Pruim.
26.
March
4, 1997 letter from Julie Melvin to Mark LaRose with attachments.
Complainant'sWitness 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 20, 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
Liabilily
&
-penally for CLC and Pruims
II
II
Failure to prevent or control leachate flow
Liabilily
&
penalty for CLC and Pruims
ill
ill
Failure to properly dispose oflandscape waste
CLC - penalty only
Pruims - liabilily
&
penally
IV
IV
Failure to provide and maintain financial
CLC - penalty only
assurance pursuant to April 20, 1993 permit
Pruims - Iiabilily
&
penally
V
V
Failure to timely file the required application
CLC
--: penally only
for a Significant Modification
Pruims - liability
&
penally
VI
VI
Water Pollution
Liabilily
&
penally for CLC and Pruims
VII
VII
Depositing waste in unpennitted portions of
CLC - penally only
landfill (parcel B)
Pruims - liability
&
penally
Vill
vm
Conducting a waste disposal operation without
CLC - penally only
a permit
Pruims - liability
&
penally
IX
IX
Open dumping
CLC - penalty only
Pruims - liabilily
&
penally
Electronic Filing - Received, Clerk's Office, November 12, 2008
Electronic Filing - Received, Clerk's Office, August 20, 2008
People v.
Peoplev.
CLC
Edword
PCB 97-193
and Robert
Allegation
What needs to he proven for each count
2
cd
Amendel;l
Pruim
Compl.int
PCB 04-
Count No.
207
CODntNo.
X
X
Violating Standard Operating Permit 1989-005-
CLC - penalty only
SP Condition #3 (permit 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 Pruirns*
XIII
XII
Improper disposal
ofwaste tires
CLC - penalty only
Pruims - liability
&
penalty
XN
Xli
Violating Standard Operating Pennit 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 Permit 1996-
CLC - penalty only
240-SP Condition
#9 (erosion, ponding,
&
cracks)
XVII
XVI
Violation
of Standard Operating Pennitl996-
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
and Robert
Allegation
What needs to he proven for each count
2
nd
Amended
Pruim
Complaint
PCB 04-
Count No.
207
CODDtNo.
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
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
XV1II
Violation of Standard Operating Permit 1989-
CLC - liability
&
penalty
005-SP Condition #17 (caused
or allowed
placement
ofleachate in areas not certified or
aooroved bv the IEPA)
XXI
XIX
Failure to provide revised cost estimate by
CLC - penalty anIy
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
1,
JENNlFER
A.
VAN WIE, an Assistant Attorney General, do certify that 1caused to be
served this 20
th
day ofAugust, 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.
~.vfkec:A.
Vtu-t
W,ii
Assistant Attorney General
Environmental Bureau
69
W. Washington Street, Suite 1800
Chicago,llIinois 60602
(312) 814-0609
Clarissa Y. Cutler
Fax: (312) 729-5056
cycutler@cyc-law.com
Bradley Halloran
Fax: (312) 814-3669
hallorab@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.
)
)
COMMlJN]TY
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 MADIGAN,
Attorney General
of the State of IlJinois, responds to Respondent's Second Set of Interrogatories,
as follows:
DEFINITIONS
1.
"Communication" means any transmission or exchange of information, 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 illinois, any of its agents,
representatives, attorneys,
or other persons or entities acting on its behalf or under its control.
3.
"Complaint" means the People of the State of minois' 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, acknowledgments, 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, biBs oflading, biBs ofsale, books, brochures, buBetins, 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, fonus, 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, looseleafbinders, magazines, mailgrams, manuals, maps, memoranda,
messages, microficbes, 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) orrecipient(s); subject matter; any
file numbers which may be used in locating same; the name, present or last known address and
phone number
of all persons having possession, custody or control of same; and its disposition, if
no one presently has possession, custody or control of same.
6.
"Iodividual or "Person" means any individual, partnership, corporation, company,
association,
firm,
organization, trust or other legal entity, including governmental entities.
ADDITIONAL DEFINITIONS PROVIDED BY COMPLAINANT
7.
" Act" means the Illinois Environmental Protection Act, 415lLCS 5/1 et seq. (2002)
8.
"Board" means the TIlinois Pollution Control Board.
9.
"Site" means the municipal solid waste/special waste landfill(s) operated by
Respondent as further described in the Complaint.
INTERROGATORIES
1.
Identify all individuals with Imowledge of the Complainant's assessment or
calculation ofpenalties for violations ofCounts ill, IV, VII, Vill, IX, X,
xm,
XIV, XVI, XIX (part),
and XXI of the Second Amended Complaint.
ANSWER:
Complainant objects to Ioterrogatory No. I because it the function ofthe Board to assess and
calculate penalties for the listed violations. Complainant refers to 415ILCS 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 knowledge 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. John S. Nosari
Ms.
Ellen Robinson
Mr.
David Walters
All named above are employees
of Illinois EPA, and maybe contacted through counsel for
Complainant. Investigation continues.
see also: Response
to Interrogatory No.2
2.
IdentifY all individuals expected to testifY at a hearing concerning penalties for
violations
of Counts III,
N,
VII, VIII, IX, X, XIII,
XN,
XVI, XIX (part), and XXI 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, II, III, VI, XII and XIII of the Complaint.
Ms. Christine Kovasznay: Ms. Kovasznay
will provide testimony relating to the violations
contained
in
Counts I,
XN,
XVI, XVII, XIX and XX ofthe 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
XXJ.
Mr. Rico Vallejera will provide testimony regarding the violations alleged in Count XIX of
the Complaint. Specifically Mr. ValIejera wiII 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 VII
through X
ofthe Complaint.
Dr. John
S. Nosari will testifY regarding interest calculations and may provide opinion
testimonybased on Respondent'Sfinancial information. In addition Dr. Nosari may testifY regarding
interest calculations and Respondent's costs. Dr. Nosari's testimony will relate to Counts IV, VII
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
VII 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 PeInarsh Sr., and Mr. James Pelnarsh Jr.;
Agents/owners/employees
ofAndrews Engineering Company, Springfield, illinois, including but
not limited to Mr. Douglas Andrews,
Mr.
Vincent Medonia, Mr. BradleyHunsberger, 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
knowledge
ofthe Complainant'sassessment or calculation ofpenalties for violations ofCounts III,
IV, VII, VIII, IX, X, XIII, XIV, XVI, XIX (part), and XXI of the Second l\.Inended Complaint.
ANSWER:
Complainant repeats its objection
to Interrogatory No.
I
to the extent that Respondent asserts
that Complainant asseSses
or calculates penalties. Further objecting, Complainant states that
Interrogatory
No.1 is overly vague as to which "statements" it seeks, and Complainant cannot
therefore
respond. To the extent that Respondent seeks hy 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 by Complainant in its assessment or
calculation
ofpenalties for violations ofCounts III, IV, VD, VIII, IX, X,
xm,
XIV, 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 ev"aluating the listed violations:
Generally: all Exhibits (A through P) attached to Complainant's Motion for Su=ary
Judgement, the Act, Board regulations, and transcripts of depositions taken in this case by
Respondent, were used in evaluating the violations for the purpose of hearing on penalty. Further
answering:
a.
4/20/93 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 accnunt nf C.ommunity Landfill 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 I, 1996 Taylor letterreleasing Trust Fund to Respondent.
k.
September 1, 1999 letter from Michael McDermont, Andrews Environmental Engineering,
Inc. with attached correspondence from T.J. Adams
&
Associates relating to
j.
below.
I.
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.
CLC and City ofMorris Application for Supplemental Pennit, dated January, 1989 .
p.
Supplemental Pennit No. 1989-005-SP.
7
Electronic Filing - Received, Clerk's Office, November 12, 2008
q.
Supplemental Pennit No. 1993-066-SP issued April 20, 1993.
r.
ApplicatiDn for Significant MDdificatiDn Pennit dated May, 2000 (2000-156) and all
subsequent addenda theretD.
s.
CLC and City DfMDrris ApplicatiDn fDr Significant Modification to Permit, dated August
5, 1996, including attachments
and maps appended theretD, and all addenda.
t.
CLC and City of Morris Addendum tD the applicatiDn for significant modification dated
April 30, 1997.
u.
CLC and City DfMorris supplemental permit applicatiDn addendum dated 26,1996.
v.
CLC and City DfMDrris revised cost estimate submitted August
5, 1996.
w.
Significant Modification Permit issued by TIlinois EPA to CLC and City ofMDrris August
4,2000.
x.
Landfill Capacity certificatiDn forms submitted by
Dr Dn behalf of CLC and the City Df
MDrris as DfApril 1, 1989, April 1, 1990, January 1, 1995, January 1, 1996, January 1, 1997, January
1,1998, January
1, 1999, January I, 2001, and January I, 2002.
y.
"NDnhazardDus SDlid Waste Management and Landfill Capacity InnIinDis", reports prepared
by nIinDis EPA BOL for the years 1996 through 2001.
z.
"Available Disposal Capacity
fDr Solid Waste in DlinDis"- annual reports for the years 1990
through 1995.
aa.
KMS Morris
PDwer, Inc. MDnthly Operating RepDrt for Morris Site, showing Dperations of
,the gas management system at the Site.
bb.
InspectiDn reports
ofthe CLC/City DfMorris facility frDm inspections on August 18, 1993,
April
7,1994, March 22, 1995, May 2'2, 1995, and July 28,1998.
8
Electronic Filing - Received, Clerk's Office, November 12, 2008
cc.
Inspection reports for the CLC/City ofMorris facility from inspections on March 31, 1999,
May 11, 1999, July 20, 1999,
dd.
Kl'vfS 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,
vm,
lX, X,
xm,
XIV, XVI, XlX (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. Furtber answering, Respondent has used opinions from
Mr. Blake
Harris,
Mr. David Walter, Ms Cristina Roque, EUen 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 InterrogatoryNo.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, VII, Vill, lX, X,
xm,
XIV, XVI, XlX (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
ofthe 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(f) of the Act.
8.
IdentifY with specificity all factors in mitigation of penalty as set forth in Section
42(h)
of the Act (415 lLCS 5/42(h)) that were considered by Complainant in its assessment or
calculation
ofpenalties forvio!ations ofCounts
ill,
IV,
vn,
VTII, IX, X,
xm,
XIV, XVl, XIX (part),
and XX1 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;
(h)
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 deter 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 objects
to Interrogatory No. 8because onlytheBoard properly considers factors
in mitigation and aggravation
of penalty, frrst 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
"",...,
~;i\
,.
$ .....
Electronic Filing - Received, Clerk's Office, November 12, 2008
these factors.
In
particular, gravity ofviolation and the amount necessary for deterrence are ultimatc
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 IV. 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. VlIl.
IX,
X:
Complainant believes that these violations have continued from alleast
August 5, 1996 until 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 asubstantial financial benefit from the violations in Counts
vn
through
X. At this point, Cornplainantbelieves that Respondent'sbenefit amounts to at least $4,035,500.00,
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 XVI:
Violations were noted on March 31, 1999 and July 10, 1999, and represent two days
of violation.
11
Electronic Filing - Received, Clerk's Office, November 12, 2008
Count XIX:
Complainant alleges that Respondent was in violation for 941 days, and realized a
financial benefit
of at least $4,656.00 from the violations in Count XIX. This figure may be
recalculated based on the results of discovery. Complainant notes that the long period of
noncompliance as alleged in Count XIX, combined with the extended period ofnoncompliance in
Count
N, indicates an extreme lack of diligence and Respondent's indifference regarding
compliance
wi th the Act and Board regulations.
9.
Identify
all individuals with lmowledge of Complainant's liability for alleged
violations of Counts I, II, VI,
X'V,
XVII, XX and XIX (part) ofthe Second Amended Complaint.
ANSWER:
Complainant objects to Interrogatory No.9 as overly vague. Liability for these Counts (or
portions thereof) has not yet been determined
by the Board. Further answering, the following have
knowledge
of underlying facts which may support liability:
a.
Owners, agents and employees ofRespondent
b.
Officials, agents and employees
ofthe City oflvIorris, lilinois;
c.
Count I: Warren Weritz, Christine Kovasznay
Count
II: Warren Weritz
Count VI : Warren Weritz
Count
X'V:
Rico Vallejera, Jr., Christine Kovasznay, Cristina Roque.
Count XVII: Christine Kovasznay.
Count XX: Christine Kovasznay, Cristina Roque.
Count XIX: Cristina Roque, Christine Kovasznay, Rico 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 I,
n,
VI, XV, XVII, XX and XIX (part) of the Second
Amended Complaint.
ANSWER:
See: Answer to InterrogatoryNo. 9. In addition Complainant may call any and all witnesses
named
by Respondent.
11 .
Identify all statements (whether written, recorded or videotaped) ofany persons with
knowledge
ofCompIainant's liability for alleged violations of Counts I,
n,
VI, XV, XVII, XX and
XIX (part) ofthe Second Amended Complaint.
ANSWER:
Complainant objects to Interrogatory No. II as overly vague.
Further answering,
Complainant refers Respondent to Interrogatory
No.4 and documents produced pursuant to
Respondent's document request. Investigation continues.
12.
Identify all documents used or generated by Complainant with respect to
Complainant'sliability for alleged violations
of Counts 1,
n,
VI, XV, XVII, XX and XIX (part) of
the Second Amended Complaint.
ANSWER:
See: answer to Interrogatory No. 11.
13.
Identify any expert witnesses consulted
by Complainant with respect to
Complainant's liability for alleged violations of Counts I,ll, VI, XV,
xvn,
XX and XIX (Part) of
the Second Amended Complaint.
ANSWER:
13
Electronic Filing - Received, Clerk's Office, November 12, 2008
Warren Weritz: Counts T, II, VI.
Cristina Roque: Counts XV, XIX.
Cluistine Kovasznay: Counts T, 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.
Tdenti fy all reports prepared by and any conclusions or opinions reached by those
experts named in Interrogatory
#13 ofRespondent's Second 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
cOWltS. Monthly Operation Reports from KMS Energy. Mr. Weritz 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 SUHMITTED:
PEOPLE OF THE STATE OF ILLINOIS
ex rei.
LISA MADIGAN,
Attorney General of the
State ofTIlinois
BY:
C
STOPHER
GRANT
Envllonmental Bureau
Assistant Attorney General
188 West Randolph Street, #2001
Chicago, IL 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
,/
lJ'h/l~
Blake Harris
illinois Environmental Protection Agency
Subscri~JIld
sworn to before me
this
V
-?V
day ofFebruary, 2003
0j";-':":-':":":":":":":";":":'_;":":":":'
':":'"'':;'':'-i:'~"i'''
:,:
OFFICIAL SEAL
;.;
:i:
CYNTHIA L. WOLFE
:~
5:
:':
MY
NOTARY
COMMISSION
PUBLIC, STATE
EXPIRES
(IF
3.3Q.2l103-'
IlUNOIS
t
.~
..>-:•.:.•:..:..:..:..:.-:..:..:•.:..:..:..:..:.•:.•:..:
..:•.:-:•• ,..:;.•:.:!:
My commission expires 5'
-3'0
i?3
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, )
)
Complainant,
)
)
vs.
)
)
COMMUNITY LANDFILL COMPANY, INC.,
)
an Illinois corporation.
)
)
Respondent.
)
PCB No. 97-193
CERTIFICATE OF SERVICE
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 (flk/a Grayson), an attorney, hereby certify tlmt I caused to be served
a copy
of the foregoing
RESPONDENTS COMMUNITY LANDFILL COMPANY, INC.
AND EDWARD PRUIM AND ROBERT PRUIMS' MOTION
IN LIMINE
#2 TO
EXCLUDE TESTIMONY OF JOHN ENGER,
by electronic filing, emailing, and by placing
same in first-class postage prepaid envelopes and depositing same in tlle U.S. Mail
Box located
at 200 North LaSalle Street, Chicago, Illinois,
tIns 12
TIl
day of
NOVEMBER,
2008,
addressed
as follows:
By
U.S. Mail and email
Christopher Grant
Jennifer
VanWie
Environmental Bureau
Assistant Attorney General
69 W. Washington, 18tl1 Floor
Chicago, Illinois 60602
cgrantialatg.state.il.us
jvanwie@atg.state.il.us
Mark
A.
LaRose
LaRose
&
Bosco, Ltd.
200 N. LaSalle Street, Suite 2810
Chicago IL 6060 I
(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 6060 I
hallorabialipcb.state.itus
lsi
Clarissa Y. Cutler
One
of Respondents' Attorneys
Clarissa
Y. Cutler
(f/kla
Grayson)
Attorney at Law (formerly witll 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
