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.
To:
(VIA ELECTRONIC FILING)
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PCB 04-207
(Enforcement - Land)
PCB 97-193
(Enforcement - Land)
(Consolidated)
Clarissa Y. Cutler
Attorney at
Law
155 North Michigan Avenue, Suite 375
Chicago Illinois 60601
Bradley P. Halloran
Hearing Officer
Illinois Pollution Control Board
James
R. Thompson Center, Suite 11-500
100 W. Randolph Street
Chicago, Illinois 60601
NOTICE OF FILING
PLEASE TAKE NOTICE that we have today, November 14,2008, filed with the Office of the
Clerk of the Illinois Pollution Control Board, by electronic filing, Complainant's Witness and Exhibit List.
PEOPLE OF THE STATE OF ILLINOIS
LISA MADIGAN
Attorney General
of the State of Illinois
BY:~~cA-.
NNIFE
A.
VAN WIE
VAA Wie,
CHRISTOPHER GRANT
Assistant Attorneys General
Environmental Bureau
69 W. Washington Street, Suite 1800
Chicago, Illinois 60602
(312) 814-0609
(312) 814-5388
Electronic Filing - Received, Clerk's Office, November 14, 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)
COMPLAINANT'S WITNESS AND EXHIBIT LISTS
Complainant's Witnesses
1.
Warren Weritz, IEPA
2.
Tina Kovasznay, IEPA
3.
Christine Roque, IEPA
4.
Ellen Robinson, IEPA
5.
Blake Harris, IEPA
6.
Gary Styzens, IEPA
7.
Robert Pruim
8.
Edward Pruim
9.
James Pelnarsh
10.
John Enger, City
of Morris
Electronic Filing - Received, Clerk's Office, November 14, 2008
Complainant's Exhibits
*
By agreement of the parties, deposition transcripts, their exhibits, and pleadings will
not be reproduced.
*
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.
a.
Application for Supplemental Pennit to Modify Site Development at the
Morris Community Landfill dated January
5, 1989, Log Number 1989-
005.
b.
"Final Conditions - Parcel B, Drawing
Number 83-1 19VEA", included in
an addendum to the "Application for 1989 Supplement Pennit". The
addendum is dated
May 10, 1989.
c.
"Biennial Review of the Closure Plan, Post-Closure Care Plan and Cost
Estimates for the Morris Community Landfill", Log Number 1993-066,
dated received February 8, 1993.
d.
Application for Supplemental Pennit, Log Number 1996-240, dated
received on July 26, 1996, including correspondence from Michael
McDennont dated October 21, 1996 and "Revisions to the Closure Plan,
Post-Closure Plan and Cost Estimates for the Morris Community Landfill"
dated October 1996.
e.
Application for Significant Modification Pennit, Log Number 1996-256,
dated received on August 5, 1996 and "Attachment 4, Reduced Site
Developmental Plan Drawings".
f.
Addendum to the Application for Significant Modification to Pennit,
Morris Community
Landfill- Parcel B, dated April 30, 1997.
2.
All Illinois
EPA pennits granted to CLC and the City of Morris from 1989 to the present
for the Morris Community Landfill.
a.
Supplemental Pennit, 1989-005-SP, dated June 5, 1989.
b.
Supplemental Pennit, 1993-066-SP, dated April 20, 1993
c.
Supplemental Pennit, 1996-240-SP, dated October 24, 1996.
3.
Irrevocable Standby Letter
of Credit No. 486, First Midwest Bank, dated March 12, 1991.
Complainant's Witness and Exhibit Lists
People v. CLC,
PCB
97-193
People v. Edward and Robert Pruim,
PCB
04-207
Page 2
Electronic Filing - Received, Clerk's Office, November 14, 2008
4.
Amendment to Irrevocable Standby Letter of Credit No. 486, First Midwest Bank, dated
May 22, 1992.
5.
Trust Agreement Number 1010-00210-6, First Midwest Trust Company, dated April 23,
1991.
6.
"Investment Review for the Account of Community Landfill Company", First Midwest
Trust Company, December 31,1992.
7.
"Investment Review for the Account of Community Landfill Company", First Midwest
Trust Company, December 31, 1994.
8.
Letter from First Midwest Bank to Illinois EPA, dated May 19, 1995.
9.
Letter from Mark LaRose to John Taylor, Illinois EPA, dated June 19, 1996.
10.
Letter from Hope Wright, Illinois EPA, to Judith Holmes, First Midwest Trust Company,
dated July 1, 1996.
11.
Letter from R. Michael McDermont, P.E. to Blake Harris, Illinois EPA, dated September
1, 1999.
12.
Continuation Certificate for Bond No. 91507, Frontier Insurance Company, dated May
31,2000.
13.
Illinois EPA field inspection reports for the following inspection dates:
*
color photos reproduced if available
*
a.
August 18, 1993;
b.
April
7, 1994;
c.
May 26, 1994;
d.
August 29, 1994 - pgs. 1 and 4, narrative, map and 3 photos;
e.
March 22, 1995;
f.
May 22, 1995;
g.
November 7, 1995 - pgs. 1 and 4, narrative, map and 6 photos;
h.
July 11, 1996;
1.
March 5, 1997;
J.
July 28, 1998;
k.
November 19, 1998;
1.
March 31, 1999;
m.
May 11, 1999;
n.
July 20, 1999;
o.
September 7, 1999; and
Complainant's Witness and Exhibit Lists
People
v. CLC,
PCB
97-193
People v. Edward and Robert Pruim,
PCB
04-207
Page 3
Electronic Filing - Received, Clerk's Office, November 14, 2008
14.
Landfill Capacity Certification Fonns submitted by or on behalf of CLC and the City of
Morris on or around the following dates:
a.
April 1, 1989;
b.
April
1, 1990;
c.
April 19, 1993;
d.
January 18, 1995;
e.
January 15, 1996;
f.
February 7, 1997;
g.
January 16, 1998;
h.
February 2, 1999;
1.
March 3, 2000
J.
June 8, 2001;
k.
May 23,2002; and
1.
May 1,2003.
15.
All discovery responses and documents produced by CLC in response to discovery
requests issued
by the Complainant.
a.
Respondent Community Landfill Company's Answer to First Set of
Interrogatories;
b.
Respondent Community Landfill Company's Answer to Request for
Admission
of Facts;
c.
Respondent Community Landfill Company's Answer to Request for
Production
of Documents; and
d.
Respondent's Answers to Complainant's Second Set of Interrogatories.
16.
Deposition transcripts for the following persons:
a.
Edward Pruim
b.
Robert Pruim
c.
James Pelnarsh, Sr.
17.
Expert Report prepared
by Gary Styzens, Illinois EPA, dated August 26, 2008, including
attachments.
18.
"Morris Community
Landfill- Economic Benefit Calculation", prepared by Christine
Roque, dated January
21,2003.
19.
"Financial Assurance (Economic Benefit from Non-Compliance)".
20.
U.S. Income Tax Returns, and all schedules attached thereto, submitted for CLC for the
calendar years 1993 through 1996.
a.
U.S. Corporation Income Tax Return, 1993
b.
U.S. Corporation Income Tax Return, 1994
Complainant's Witness and Exhibit Lists
People v. CLC,
PCB
97-193
People v. Edward and Robert Pruim,
PCB
04-207
Page 4
Electronic Filing - Received, Clerk's Office, November 14, 2008
c.
U.S. Income Tax Return for an S Corporation, 1995
d.
U.S. Income Tax Return for an S Corporation, 1996
e.
U.S. Income Tax Return for an S Corporation, 1997
f.
U.S. Income Tax Return for an S Corporation, 1998
g.
U.S. Income Tax Return for an S Corporation, 1999
21
LPC-PA15 Notice to Illinois EPA from R. Michael McDermont dated March 18, 1991.
22.
Survey plats for Parcels A and B
of the Morris Community Landfill.
23.
Affidavit
of Blake Harris dated September 26,2001.
24.
Affidavit
ofR. Michael McDermont dated February 27,2002.
25.
Affidavit
of James Pelnarsh dated March 1,2002.
26.
City
of Morris / Community Landfill Co. Summary of Tickets, January 1994 through
December 1994.
Complainant's Witness and Exhibit Lists
People v. CLC,
PCB
97-193
People v. Edward and Robert Pruim,
PCB
04-207
Page 5
Electronic Filing - Received, Clerk's Office, November 14, 2008
CERTIFICATE OF SERVICE
I, JENNIFER A. VAN WIE, an Assistant Attorney General, do certify that I caused to be
served this 14
th
day of November, 2008, the foregoing Notice of Filing and Witness and Exhibit
List, upon the persons listed
on said Notice via facsimile and electronic mail.
~f:1'-'fifw7f'
VaM- Wtl
Assistant Attorney General
Environmental Bureau
69 W. Washington Street, Suite 1800
Chicago, Illinois 60602
(312) 814-0609
Clarissa Y. Cutler
Fax: (312) 729-5056
cycutler@cyc-Iaw.com
Bradley Halloran
Fax: (312) 814-3669
hallorab@ipcb.state.il.us
Electronic Filing - Received, Clerk's Office, November 14, 2008