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
I-Iearing Officer
Illinois Pollution Control Board
100 West Randolph, Suite 11-500
Chicago, Illinois 60601
hallorabralipcb.state.il.us
PLEASE TAKE NOTICE
that on
NOVEMBER 17,2008,
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' LIST
OF WITNESSES AND EXHIBITS FOR HEARING ON DECEMBER 2-5,2008,
a copy
of
which is attached and hereby served upon you.
lsi
Clarissa Y. Cutler
One
of Respondents' Attorneys
THIS FILING IS SUBMITTED ON RECYCLED PAPER.
Elecronic Filing - Received, Clerk's Office, November 17, 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 (flkJa Grayson)
Attorney at Law (formerly
with
LaRose
&
Bosco, Ltd.)
155 North Michigan Avenue, Suite 375
Chicago
1L
6060 I
(312) 729-5067
Atty No. 44745
TillS FILING IS SUBMITTED ON RECYCLED PAPER.
Elecronic Filing - Received, Clerk's Office, November 17, 2008
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
vs.
vs.
Respondent.
Respondents.
PCB No. 97-193
(Enforcement
- Land)
(consolidated)
PCB No. 04-207
(Enforcement
- Land)
Complainant,
Complainant,
EDWARD PRUIM and ROBERT PRUIM,
COMMUNITY LANDFILL COMPANY,
INC.,
PEOPLE OF THE STATE OF ILLINOIS, )
)
)
)
)
)
)
)
)
-----------)
PEOPLE OF THE STATE OF ILLINOIS, )
)
)
)
)
)
)
)
)
)
RESPONDENTS COMMUNITY LANDFILL COMPANY, INC. AND
EDWARD PRUIM AND ROBERT PRUIMS'
LIST OF WITNESSES AND EXHIBITS FOR HEARING ON DECEMBER
2-5,
2008
Respondents COMMUNITY LANDFILL COMPANY, INC., EDWARD PRUIM and
ROBERT PRUIM, by and through their attorneys Mark
A. LaRose of LaRose
&
Bosco, Ltd. and
Clarissa
Y. Cutler, hereby file Respondents Community Landfill Company, Inc. and Edward Pruim
and Robert Pruims' List
of Witnesses and Exhibits for Hearing on December 2-5, 2008, as follows:
A.
Respondents' Witnesses
Respondents may call any
of tlle following individuals as witnesses:
1. Jim Pelnarsh
1
Elecronic Filing - Received, Clerk's Office, November 17, 2008
2. Edward Pruim
3. Robert Pruim
4.
R. Michael McDermont
In addition, Respondents reserve the right to call any
of Complainant's witnesses and to
supplement their list
of witnesses based on Complainant's case-in-chief.
B.
Respondents' Exhibits
Respondents may use any
of the following documents as exhibits:
1.
Inspection Report - August 18, 1993
2.
Inspection Report - April
7, 1994
3.
Inspection Report - March 22, 1995
4.
Inspection Report - May 22, 1995
5.
Inspection Report-July 28,1998
6.
Inspection Report - March 31, 1999
7.
Inspection Report - May 11, 1999
8.
Inspection Report - July 20, 1999
9.
Affidavit of Jim Pelnarsh
10.
Affidavit
ofR. Michael McDermont (with exhibits)
11.
Rapier to Mackoffletter (with exhibit)
12.
Jim Pelnarsh Prior Conduct Certifications (Group Exhibit)
13.
Portion
of a transcript from Hearing before the Illinois Pollution Control Board in PCB
01-170 (October 15-17, 2001, pages 66-69)
2
Elecronic Filing - Received, Clerk's Office, November 17, 2008
14.
Solid Waste Landfill Capacity Certification Fonn April 19, 1993
15.
Solid Waste Landfill Capacity Certification Fonn January 18, 1995
16.
Solid Waste Landfill Capacity Certification Fonn January 15, 1996
17.
Illinois Pollution Control Board Order dated AprilS, 2001 in PCB 97-193
18.
Illinois Pollution Control Board Order dated October 3,2002 in PCB 97-193
19.
Illinois Pollution Control Board Order dated April 20, 2006
20.
Order in PCB 95-137, Community Landfill
Co.. Inc. v. IEPA
(unpublished No. 3-96-0182)
21.
Variance in PCB 95-137, Community Landfill Co., Inc.
v. IEPA(June 20,1996)
22.
Documents related to Edward Pruim and Robert Pruims' convictions (Group Exhibit)
23.
Complainant's Supplemental Discovery Response to Respondent's Second Set
of
Interrogatories (letter October 6, 2008 - documents not attached)
24.
Complainant's Supplemental Response to Respondent's Second Set ofInterrogatories
(October
2, 2008)
25.
Complainant's Supplemental Discovery Responses (Gary Styzens Report) (August 26,
2008)
26.
Complainant's Supplemental Discovery Response to Respondent's Second Set of
Interrogatories (August 4, 2008)
27.
Complainant's Responses to Respondent's Second Set of Request for Production of
Documents (February 21, 2003)
28.
Complainant's Responses to Respondent's Second Set ofInterrogatories (February
7,
2003)
29.
IEPA Affidavits for Complainant's Responses to Respondent's First Request for
Admission
of Facts (December 16, 1998)
*
Warren Weritz
*
John Taylor
*
Christine Roque
3
Elecronic Filing - Received, Clerk's Office, November 17, 2008
30.
Complainant's Responses and Objections to Respondent's First Request for Production
of Documents (December II, 1998)
31.
Complainant's Responses and Objections
to Respondent'sFirst Set ofInterrogatories
(December
11, 1998)
32.
Complainant's Responses and Objections
to Respondent's First Request for Admission of
Facts (December II, 1998)
The following deposition transcripts (and accompanying exhibits) may be used
by Respondents
at hearing. By agreement with counsel for Complainant, copies are not included herein.
33.
Blake Harris
(01115/02)
34.
Christina Kovasznay
(01115/02)
35.
Christine Roque
(01115/02)
36.
Warren Weritz (01/15/02)
37.
Gary Styzens (10/26/08 and
11107/08)
The following pleadings may be used by Respondents at hearing. By agreement with counsel for
Complainant, copies are not included herein.
38.
Community Landfill Company, Inc.'s Answer
to Complainant's 2
nd
Amended Complaint
and Affirmative Defenses in PCB 97-193 (filed April 24, 2000)
39.
Edward Pruim's Answer
to Complaint and Affirmative Defenses (filed January 4, 2005)
40.
Robert Pruim's Answer to Complaint and Affirmative Defenses (filed January 4, 2005)
Relevant portions
of the following Statutes and Board Regulations may be used by Respondents
at hearing. By agreement with counsel for Complainant, copies
are not included herein.
41.
Illinois Environmental Protection Act -
§21 et seq.
42.
35 Ill.Adm Code §800 et seq.
4
Elecronic Filing - Received, Clerk's Office, November 17, 2008
Respectfully submitted,
/s/ Clarissa
Y. Cutler
One
of Respondents' Attorneys
Mark
A.
LaRose
LaRose
&
Bosco, Ltd.
200 N. LaSalle Street, Suite 2810
Chicago
IL
60601
(312) 642-4414
Atty. No. 37346
Clarissa
Y. Cutler (fIlc/a Grayson)
Attorney at Law (formerly with LaRose
&
Bosco, Ltd.)
155 North Michigan Avenue, Suite 375
Chicago
IL
60601
(312) 729-5067
Atty No. 44745
5
Elecronic Filing - Received, Clerk's Office, November 17, 2008
CERTIFICATE OF SERVICE
1, Clarissa Y. Cutler
(f/k/a
Grayson), an attorney, hereby certify that 1 caused to be served
a copy
of the foregoing RESPONDENTS COMMUNITY LANDFILL COMPANY, INC.
AND EDWARD PRUIM AND ROBERT PRUIMS' LIST OF WITNESSES AND
EXHIBITS FOR HEARING ON DECEMBER 2-5, 2008, by electronic filing, emailing, and
by placing same in first-class postage prepaid envelopes and
de~ositing
same in the U.S. Mail
Box located at 200 North LaSalle Street, Chicago, Illinois, this 17
H
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.lIs
jvanwie@atg.state.il.us
Mark
A. LaRose
LaRose
&
Bosco, Ltd.
200 N. LaSalle Street, Suite 2810
Chicago lL 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
hallorablalipcb.state.il.us
lsi
Clarissa Y. Cutler
One
of Respondents' Attorneys
Clarissa
Y. Cutler
(f/k/a
Grayson)
Attorney at Law (formerly with LaRose
&
Bosco, Ltd.)
155 North Michigan Avenue, Suite 375
Chicago
lL 60601
(312) 729-5067
Atty No. 44745
TillS FILING IS SUBMITTED ON RECYCLED PAPER.
Elecronic Filing - Received, Clerk's Office, November 17, 2008