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
ivanwie@atg.state.il.us
NOTICE OF FILING
Bradley Halloran
I-Iearing
Ofiicer
Illinois Pollution Control Board
100 West Randolph, Suite 11-500
Chicago, Illinois 60601
hallorab@ipcb.state.il.us
PLEASE TAKE NOTICE
that on
DECEMBER 1,2008,
the undersigned caused to be
electronically filed with Mr. John Therriault,
of the Illinois Pollution Control Board, 100 West
Randolph Street, Suite 11-500, Chicago, Illinois 60601, the
RESPONDENTS COMMUNITY
LANDFILL COMPANY, INC., ROBERT PRillM AND EDWARD PRillM'S REQUEST
TO INCORPORATE MATERIALS FROM PRIOR PROCEEDING,
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, December 1, 2008
Mark
A.
LaRose
LaRose
&
Bosco, Ltd.
200 N. LaSalle Street, Suite 2810
Chicago IL 6060I
(312) 642-4414
Atty. No. 37346
Clarissa
Y.
Cutler
Attorney at Law
ISS 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, December 1, 2008
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
PEOPLE
OF THE STATE OF ILLINOIS,
)
)
Complainant,
)
)
v.
)
PCB04-207
)
(Enforcement - Land)
EDWARD PRUIM and ROBERT PRUIM,
)
)
Respondents.
)
PEOPLE OF THE STATE OF ILLINOIS,
)
)
Complainant,
)
)
v.
)
PCB97-193
)
(Enforcement - Land)
)
(Consolidated)
COMMUNITY LANDFILL COMPANY, INC.
)
)
Respondent.
)
RESPONDENTS COMMUNITY LANDFILL COMPANY INC., ROBERT PRUIM
AND
EDWARD PRUIM'S REQUEST TO INCORPORATE MATERIALS
FROM PRIOR PROCEEDING
Respondent COMMUNITY LANDFILL COMPANY, INC., by and through its attorney
LAROSE
&
BOSCO, LTD., pursuant to 35 Ill.Adm.Code 101.306, hereby requests that the Hearing
Officer, Bradley Halloran, incorporate by reference materials from the record
of another Illinois
Pollution Control Board proceeding, Community Landfill Co., Inc. and the City
ofMorris v. Illinois
Environmental Protection Agency,
_PCB No. 01-170 (Enforcement) into the record of the present
proceeding.
The materials from PCB No. 01-170 which Respondent COMMUNITY LANDFILL CO.,
INC. requests be incorporated are the following portions
of the Transcript of Proceedings before
Electronic Filing - Received, Clerk's Office, December 1, 2008
Hearing Officer Bradley Halloran at the hearing held October 15-17, 2001 along with the
corresponding exhibit,
as follows:
A.
Volume I - Day One
of Hearing. October 15. 2001
Testimony
of Mark Retzlaff (pp.66-69)
The copies
ofthe transcripts to be incorporated are authentic copies ofthe Illinois Pollution
Control Board transcripts. The witness, an employee
of the Illinois Environmental Protection
Agency, was subject to cross-examination during his testimony. Furthermore, the material is
relevant to the present proceeding since it addresses the issue
ofpersonal liability ofthe respondents
Robert Pruim and Edward Pruim. Finally, incorporating this material into the record
ofthe present
proceeding will assist Hearing Officer Halloran (who was also the Hearing Officer in PCB 01-170)
in following the Board'sOctober 3, 2002 and April 20, 2006 orders.
Based on the foregoing, Respondent COMMUNITY LANDFILL CO
.., INC. respectfully
request that Hearing Officer Bradley Halloran incorporate by reference the above described materials
fTOm the record ofIllinois Pollution Control Board proceeding, Community Landfill Co.. Inc. and the
City
ofMorris v. Illinois Environmental Protection Agency, PCB No. 01-170 (Enforcement) into the
record
of the present proceeding.
Respectfully submitted,
/s/ Clarissa Y. Cutler
One
of Community Landfill Co., Inc.'s Attorneys
Mark
A.
LaRose
LaRose
&
Bosco, Ltd.
200 North LaSalle Street, #2810
Chicago IL 6060 I
(312) 642-4414
Electronic Filing - Received, Clerk's Office, December 1, 2008
Clarissa
Y.
Cutler
Attorney at
Law
155 North Michigan Avenue, Suite 375
Chicago
1L 6060 I
(312) 729-5067
Electronic Filing - Received, Clerk's Office, December 1, 2008
,. '
i)
66
'.
A.
Yes.
'.
.'
A;
Yea.
Q;,
'And you would report that to
perm:\.tting?
A.
Yes.
Q.
. You are not an
engineer,
are
you,
sir?
A.
No.
Q.
,During part
of your
stint
with the
Q.'
And then for a period of time, several
rears in.the. '90s, 'you were assigned to criminal
investigations
with'w~s
it the Illinois
Department of Criminal Investigations?
A.
Well, Illinois state Police.
Q.
Okay.
So the
~PAlent
you, if you will,
to the sbate police regarding the conduct::....:o:..f=--
.
criminal investigations, correct?
A.
CorFect, via interagency agreement.
Q. .
!"nd that was for a period of several
Ye~rs
in
the 1990s?
Agency, you were first a field operations
inspector, right?
inspe
7
tion, you would look at the operating
units that
.
are sought
.'
to be permitted
.
and see if
they comply with your knowladge of the permit
requir~ents,
correct?
1
2
3
.4
5
6
7
B
9
10
11
12
\)
,13
14
15
16
'J,?
18
19.
20
21
22
23
24
67
Electronic Filing - Received, Clerk's Office, December 1, 2008
-
'
A.
James Pelnarsh, Senior.
A.
Yes.
Q.
And then sometime in 1989 or
--
-I'm
sorry, 1998 or '99, you returned to your duties
as merely a field inspector?
.A.
Yes.
Q,
Okay. And you
I
ve been the field
inspecto, for Morris Community Lanqfill for the
last couple of years or so, correct?
A,
Yes.
Q.-
JU,d during that time, you've conducted
five or six in,?pections of the Mo=ia Co"'!"unity
Landfill?
A.
Yes.
Q.
Okay. When you 9;0 there, who do you deal
with?'
Q.
Okay.
A.
Do you want 'the spelling?
Q.
No. That's okay..
Who do you understand James
21
Pelnarsh, Senior, to be?
)
1
2
3
4
5
,
•
7
8
9
10
11
12
'13
14
15
1.
17
18
~9
20
22.
A.
23 -
Q.
site operator.
When you inspect the Mo=is Community
24
Landfill, is Mr, Pelnarsh accommodating
"
L.A, REPORTWG (312)"
419-9~92
1
~egarding
your inspections? .
2
3
A.
Q.
Yes •
. Cooperative?
Electronic Filing - Received, Clerk's Office, December 1, 2008
.
.
"
"
,
"
'"
4
5
A.
Q.
Yes.
Has he ever attempted in any way to limit
6 "the scop.e o,f y.our inspection?
.,7
A.
No.
"
"
B
Q.
,He" s alway,s showed, you what you wanted to
9
see, told you what
yo~
wanted to know, correct?
10
A.
Yes.
Q.
As far as the Morris community ,Landfill
12
and your involvement with' it, Jim 1'elna'rs'h, the
13
guy we know as JP', ,that.... your contact, correct?
14
15
A.
Q.
Yea.
Have you ever had any
con~act
with Roqert
16
1'ruim?
17
A.
No.
lB,
Q.
19
him?
Would
you know Robert 1'ruim if you, saw .
20
A.
Q,'
No.
Have you ever aeen Rebert
1'~im'
at the
22
M?rria,community Landfill?
23
24
A.
Not that I'm aware of, no.
Do you have any idea whether Robert 'Pruim
L.A. REPORTING (312) 419.9292
69
1
haB any involvement in the
~ay-to-day
qperations
2
o;.Morris community Landfill?
Q.
Based on your observation, though, it
'would be JP that has .thoBe
r~sponBibilitiea?
\
)
3
"4
5
6
A.
A.
No.,
Yes.
Electronic Filing - Received, Clerk's Office, December 1, 2008
CERTIFICATE OF SERVICE
I, Clarissa Y. Cutler, an attorney, hereby certify that I caused to be served a copy of the
foregoing
RESPONDENTS COMMUNITY LANDFILL COMPANY, INC., ROBERT
PRUIM AND EDWARD PRUIM'S REQUEST TO INCORPORATE MATERIALS
FROM PRIOR PROCEEDING, 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 1
st
day of DECEMBER, 2008, addressed as follows:
By U.S.
Mail and email
Christopher Grant
Jennifer
VanWie
Environmental Bureau
Assistant Attorney General
69 W. Washington, 18th Floor
Chicago, Illinois 60602
cgrantialatg.state.il.us
j
vanwieia),atg.state.il.us
Mark A. LaRose
LaRose
&
Bosco, Ltd.
200 N. LaSalle Street, Suite 2810
Chicago
1L 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
hallorab@ipcb.state.il.us
/s/ Clarissa
Y.
Cutler
One
of Respondents' Attorneys
Clarissa
Y. Cutler
Attorney
at Law (formerly with LaRose
&
Bosco, Ltd.)
155 North Michigan Avenue, Suite 375
Chicago
1L 60601
(312) 729-5067
Atty No. 44745
TillS FILING IS SUBMITTED ON RECYCLED PAPER.
Electronic Filing - Received, Clerk's Office, December 1, 2008
