BEFORE
THE
ILLINOIS
POLLUTION
CONTROL
BOAR])
PEOPLE
OF
THE
STATE
OF
ILLINOIS,
)
)
Complainant,
)
)
vs.
)
PCB
No.
04-207
)
(Enforcement
— Land)
EDWARD
PRUIM
and
ROBERT
PRUIM,
)
)
Respondents,
)
PEOPLE
OF
THE
STATE
OF ILLiNOIS,
)
)
Complainant,
)
)
vs.
)
PCBNo.
97-193
)
(Enforcement
—
Land)
COMMUNITY LANDFILL
COMPANY,
)
(consolidated)
INC.,
)
Respondent.
)
NOTICE
OF
FILING
TO:
Christopher
Grant
Bradley
Halloran
Jennifer
Van Wie
Hearing
Officer
Environmental
Bureau
Illinois
Pollution
Control
Board
Assistant
Attorney
General
100
West
Randolph,
Suite
11-500
69
W.
Washington,
18th
Floor
Chicago,
Illinois
60601
Chicago,
Illinois
60602
ha1lorab@ipcb.state.i1.us
cgrant@ata.state.il.us
ivanwie(atg.state.il
.us
PLEASE
TAKE
NOTICE
that
on JANUARY
12,
2009,
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
PRUIM
AND
EDWARD
PRUIM’S
RESPONSE
TO
COMPLAINANT’S
APPEAL
OF HEARING
OFFICER
RULING,
a copy
of
which
is
attached
and
hereby
served
upon
you.
Is!
Clarissa
Y. Cutler
One of
Respondents’
Attorneys
THIS
FILING
IS
SUBMITTED
ON RECYCLED
PAPER.
Electronic Filing - Received, Clerk's Office, January 12, 2009
Mark A.
LaRose
LaRose
&
Bosco,
Ltd.
200
N. LaSalle
Street,
Suite 2810
Chicago
IL 60601
(312)
642-4414
Any.
No, 37346
Clarissa
Y. Cutler
Attorney
at Law
155 North Michigan
Avenue,
Suite
375
Chicago IL
60601
(312)
729-5067
Atty
No.
44745
THIS
FILING
IS
SUBMITTED
ON
RECYCLED
PAPER
Electronic Filing - Received, Clerk's Office, January 12, 2009
BEFORE
TIlE
ILLINOIS
POLLUTION CONTROL
BOARD
PEOPLE OF THE STATE
OF
ILLINOIS,
)
)
Complainant,
)
)
v.
)
PCB
04-207
)
(Enforcement
— Land)
EDWARD
PRUIM and ROBERT
PRUIM,
)
)
Respondents.
)
PEOPLE OF
THE STATE OF
ILLtNOIS,
)
)
Complainant,
)
)
v.
)
PCB97-193
)
(Enforcement
— Land)
)
(Consolidated)
COMMUNITY
LANDFILL
COMPANY, INC.
)
)
Respondent.
)
RESPONDENTS
COMMUNITY
LANDFILL
CO., INC.,
ROBERT PRUIM
AND
EDWARD PRUIM’S
RESPONSE TO
COMPLAINANT’S
APPEAL
OF
HEARING
OFFICER
RULING
Respondents
COMMUNITY LANDFILL
CO., INC., ROBERT
PRUIM
and
EDWARD
PRUIM,
by
and through their
attorneys
Mark A. LaRose
of LaRose & Bosco,
Ltd. and
Clarissa
Y.
Cutler,
and pursuant to
35 Il1.Adm. Code
101.502(b)
and 101.518, hereby
respond
to the
Complainant
PEOPLE OF THE
STATE OF ILLiNOIS’s
Appeal
of 1-learing
Officer
Ruling
and
in support
thereof
state as
follows:
I.
THE
BOARD
SHOULD
AFFIRM
THE HEAR11G
OFFICER’S
RULING
On
November
12, 2008,
Respondents
COMMUNiTY
LANDFILL CO.,
INC.,
ROBERT
PRUIM and
EDWARD
PRUIM,
filed a Motion
in
Limine pursuant
to 35
Ill.Adm.
Code
101,502(b)
to exclude evidence
of
respondents’
prior
convictions. The motion
was
considered
I
Electronic Filing - Received, Clerk's Office, January 12, 2009
by
I-Tearing Officer
Bradley
Hailoran
who, on
December
2, 2008, granted Respondents’
motion.
Complainant
now
seeks
to appeal Hearing Office Halloran’s ruling.
It
is the
duty of the hearing officer to manage
the
hearing processes and make timely
and
considered decisions. Joliet
Sand and Gravel Co. v. Ill. Poll.
Control
13d.,
163 Ill.App.3d
830,
835,
516 N,E.2d 955,
959
(3
Dist. 1987). The hearing
officer has all powers necessary
to
conduct hearings including the power to rule upon objections
and evidentiary questions
as
well
as
motions
to the
hearing
officer made
in
accordance with section 101.502.
35 Ill.Adm.
Code
101.610(1) and
(n). Hearing Officer Halloran considered respondents’
motion
and
complainant’s
response
thereto
and in making his ruling stated that
“...what the State is arguing
is a mailer
of
semantics.” (Transcript
of Proceedings,
p.
5).
Hearing
Officer
Halloran further
stated
that if
evidence of respondents’ convictions was introduced
after
the ten-year limit has
run,
it
would
have
the result of “attacking [respondents’] veracity.” (Transcript of Proceedings,
p.
5).
In
reaching his
decision,
Hearing Office I-Ialloran also
had the opportunity
to consider
Assistant
Attorney
General Christopher Grant’s own words
as set forth in Exh. A to Respondent’s
Motion
wherein Mr. Grant stated in his October 6, 2008
letter that he intended
to
use
the subject
documents “...as impeachment for [respondents’] testimony”.
(See Exh. A). The
Board should
therefore affirm
Hearing
Officer Halloran’s ruling and
hold
that the evidence
was
properly
excluded.
II.
CONCLUSION
Based
on the foregoing,
Respondents
COMMUNITY LANDFILL CO.,
INC.,
ROBERT
PRUIM and EDWARD PRUIM the Board
AFFIRM
Hearing
Officer Halloran’s ruling
granting
Respondents’ Motion in Limine to Exclude Evidence.
7
Electronic Filing - Received, Clerk's Office, January 12, 2009
Respectfully
Submitted,
Is!
Clarissa Y.
Cutler
One of
Respondents’
Attorneys
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
3
Electronic Filing - Received, Clerk's Office, January 12, 2009
Electronic
Filing
- Received,
Clerk’s
Office,
November
12, 2008
OPFICE
OF
THE
ATO1NEY
GENERAL
STATE
OF
ILJUNO!S
Lisa
Madigan
October
6 2008
VrFORNEVOENERAL
Ms.
Clarissa
Grayson
Allorneyat
Law
155
N.
Michigan
Aye,
Suite
375
Chicago,
IL.
60601
[)ear
Clarissa:
Attached
are
additional
documents which
the
State
may
use
at
the
December
hearing
in
PCB
97-193104-207.
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 (03-19
1).
We
intend
to
use
these
documents
in
the
examination
of
John
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
thcm,
if
at all,
as
impeachment for the
testimony
of
Robert
and/or
Edward
Pruim.
I
am disclosing
them
now
to
prevent
surprise
laLer
on.
I ha’vc
the original
certified
copy
if
you
want
to examine
it
before
hearing.
Call
me if
you
have
any
questions.
istant
At(orney
General
Environmental Bureau
69
W.
Washington
Street,
8’’
Fir.
Chicago,
Illinois
60602
(312)814-5388
5D0
South
Sccnd
Sttct,
Sp;nflcId,
Uhinni,
62706
• (217)
7fl2-flO
• 7FV
(217)
755.277)
•
Fz
(217) 752-7046
100
West
Ibadoipli
St,acz.
ChI,
IlUnuLi
60601
• (3121 5)4.300Q
• Vfl
(312)524-3374
‘
Fax
(312)
51.1.3806
1001
Best Msin.
Cajbondsle_
liOnel’
62901
• 1610)
529-6400
•
Tfl
(68)
5294i403
‘
(6(8)
520.64(6
Electronic Filing - Received, Clerk's Office, January 12, 2009
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
PRIJIM
AND EDWARD
PIWI
M’S
RESPONSE
TO COMPLAINANT’S
APPEAL
OF
HEARING
OFFICER
RUUNG,
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
tk
day of
JANUARY,
2009, 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
cgrantuiatg.state.il
.us
By U.S. Mail
and
email
Bradley
Halloran
1-learing
Officer
Illinois
Pollution Control
Board
100
West Randolph,
Suite
11-500
Chicago, Illinois
60601
hallorab(ipcb.state.il
.us
jvanwie(atg.state.i1 .us
Is! Clarissa
Y.
Cutler
Mark
A.
LaRose
LaRose
&
Bosco,
Ltd.
200
N.
LaSalle Street,
Suite
2810
Chicago
IL
60601
(312) 642-4414
Atty.
No.
37346
Clarissa
Y. Cutler
Attorney
at
Law
155
North Michigan
Avenue,
Suite
375
Chicago
IL 60601
(312)
729-5067
Atly
No.
44745
One of
Respondents’
Attorneys
THIS
FILING
IS
SUBMITTED
ON
RECYCLED
PAPER.
Electronic Filing - Received, Clerk's Office, January 12, 2009