ILLINOIS POLLUTION CONTROL BOARD
January 22, 2009
PEOPLE OF THE STATE OF ILLINOIS,
Complainant,
v.
EDWARD PRUIM and ROBERT PRUIM,
Respondents.
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PCB 04-207
(Enforcement – Land)
______________________________________
PEOPLE OF THE STATE OF ILLINOIS,
Complainant,
v.
COMMUNITY LANDFILL COMPANY,
INC.,
Respondents.
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PCB 97-193
(Enforcement – Land)
(Consolidated)
HEARING REPORT
On December 2, 3 and 4, 2008, a hearing in the above-captioned consolidated matters
was held at the Grundy County Administrative Center, 1320 Union Street, Morris, Illinois.
Assistant Attorneys General Jennifer Van Wie and Christopher J. Grant appeared and
participated on behalf of the complainant. Attorneys Clarisa Y. Cutler and Mark A. Larose,
appeared and participated on behalf of Community Landfill Company, Inc., and Edward Pruim
and Robert Pruim (collectively “respondents”).
Preliminary Matters
On November 12, 2008, respondents filed three motions
in limine.
Motion
in limine
#1
was respondents’ motion to exclude evidence of respondents’ prior convictions. Motion
in
limine
#2 was respondents’ motion to exclude testimony of John Enger. Motion
in limine
#3 was
respondents’ motion to exclude eight inspection reports. The complainant timely filed its replies.
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For reasons set forth on record at the hearing on December 2, 2008, respondents’ motions
in limine
were addressed and ruled upon. Respondents’ motion
in limine
#1 was granted.
Respondents’ motion
in limine
#2 was denied. Respondents’ motion
in limine
#3 was denied.
On December 1, 2008, the respondents belatedly filed a motion to incorporate materials
from a prior proceeding. The materials include testimony from Mark Retzlaff, an employee of
the Illinois Environmental Protection Agency (Agency) from the hearing in PCB 01-170. At the
hearing on December 2, 2008, the complainant orally objected to the motion based on relevancy.
For the reasons set forth on record at the hearing on December 2, 2008, respondents’
motion to incorporate was granted. The motion to incorporate with the three pages of transcript
attached is marked as Hearing Officer Exhibit 1.
Finally, on December 4, 2008, the complainant made a request on record that Count 11 of
the complaint filed in PCB 04 -207 be dismissed (Transcript at 3-4). Complainant’s request was
taken with the case. The complainant represented that it will further address its request in its
post-hearing brief.
Witness Credibility
Based upon my legal judgment, experience and observations at the hearing, I find that the
credibility of the witnesses who testified at the hearing is not an issue in this matter.
Exhibits
An exhibit list itemizing the offered exhibits and summarizing their status is attached to
this order.
Briefing Schedule
A briefing schedule was discussed and agreed to at the hearing. The complainant’s
opening post-hearing brief is due to be filed on or before February 6, 2009. The respondents
post-hearing brief is due to be filed on or before April 6, 2009. Complainant’s reply, if any, is
due to be filed on or before April 20, 2009. Public comment is due to be filed on or before
February 19, 2009.
IT IS SO ORDERED.
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_________________________________
Bradley P. Halloran
Hearing Officer
Illinois Pollution Control Board
James R. Thompson Center, Suite 11-500
100 W. Randolph Street
Chicago, Illinois 60601
312.814.8917
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PCB 97-193 and PCB 04-207
December 2, 3 and 4, 2008 Hearing
Exhibit List
Exhibit (Binder)
Description
Status
Complainant’s Exhibit 1a
Letter from R. Michael McDermont to
Lawrence Eastep, dated January 5, 1989
Admitted
Complainant’s Exhibit 1b
Diagram of Landfill-Parcel B
Admitted
Complainant’s Exhibit 1c
Post-Closure Care Plan, stamped February
8, 1993
Admitted
Complainant’s Exhibit 1d
Correspondence regarding Supplemental
Permit Application, stamped July 26, 1996
Admitted
Complainant’s Exhibit 1e
General Application for Permit, stamped
August 5, 1996
Admitted
Complainant’s Exhibit 1f
Application for Significant Modification to
Permit, stamped April 30, 1997
Interrogatories
Admitted
Complainant’s Exhibit 2a
Supplemental Permit, dated June 5, 1989
Admitted
Complainant’s Exhibit 2b
Supplemental Permit, dated April 20, 1993 Admitted
Complainant’s Exhibit 2c
Supplemental Permit, dated October 24,
1996
Admitted
Complainant’s Exhibit 7
Financial Assurance document, stamped
January 20, 1995
Admitted
Complainant’s Exhibit 8
Financial Assurance document, dated May
19, 1995
Admitted
Complainant’s Exhibit 9
Closure/Post-Closure Financial Assurance
document, stamped June 24, 1996
Admitted
Complainant’s Exhibit 13a
Inspection Report, dated August 18, 1993
Admitted
Complainant’s Exhibit 13b
Inspection Report, dated April 7, 1994
Admitted
Complainant’s Exhibit 13c
Inspection Report, dated May 26, 1994
Admitted
Complainant’s Exhibit 13d
Inspection Report, dated August 29, 1994
Admitted
Complainant’s Exhibit 13e
Inspection Report, dated March 22, 1995
Admitted
Complainant’s Exhibit 13f
Inspection Report, dated May 22, 1995
Admitted
Complainant’s Exhibit 13g
Inspection Report, dated November 7, 1995 Admitted
Complainant’s Exhibit 13h
Inspection Report, dated July 11, 1996
Admitted
Complainant’s Exhibit 13i
Inspection Report, dated March 5, 1997
Admitted
Complainant’s Exhibit 13j
Inspection Report, dated July 28, 1998
Admitted
Complainant’s Exhibit 13k
Inspection Report, dated November 19,
1998
Admitted
Complainant’s Exhibit 13l
Inspection Report, dated March 31, 1999
Admitted
Complainant’s Exhibit 13m
Agency Memorandum, dated May 11, 1999 Admitted
Complainant’s Exhibit 13n
Inspection Report, dated July 20, 1999
Admitted
Complainant’s Exhibit 13o
Agency Memorandum, dated 9-7-1999
Admitted
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Complainant’s Exhibit 14a
Landfill Capacity Worksheet, stamped June
21, 1990
Admitted
Complainant’s Exhibit 14b
Landfill Capacity Worksheet, stamped
April 15, 1991
Admitted
Complainant’s Exhibit 14c
Landfill Certification Form-Parcel B, dated
April 19, 1993
Admitted
Complainant’s Exhibit 14d
Landfill Certification Form-Parcel B, dated
January 18, 1995
Admitted
Complainant’s Exhibit 14e
Landfill Certification Form-Parcel B, dated
January 15, 1997
Admitted
Complainant’s Exhibit 14f
Landfill Capacity Certification Form, dated
February 7, 1997
Admitted
Complainant’s Exhibit 15a
Respondent Community Landfill
Company’s Answer to First Set of
Interrogatories
Admitted
Complainant’s Exhibit 15b
Respondent Community Landfill
Company’s Answer to Request for
Admission of Facts
Admitted
Complainant’s Exhibit 15c
Respondent Community Landfill
Company’s Answer to Request for
Production of Documents
Admitted
Complainant’s Exhibit 15d
Respondent’s Answers to Complainant’s
Second Set of Interrogatories
Admitted
Complainant’s Exhibit 16
Agreement of parties that Edward Pruim,
Robert Pruim and Pelnarsh, Sr., deposition
transcripts will not be reproduced
Admitted
Complainant’s Exhibit 17
Economic Benefit Analysis, dated August
26, 2008
Admitted
Complainant’s Exhibit 18
Economic Benefit Calculation, dated
January 21, 2003
Admitted
Complainant’s Exhibit 19
Financial Assurance (Economic Benefit
from Non-Compliance)
Admitted
Complainant’s Exhibit 26
Summary of Tickets-January 1994
Admitted
Complainant’s Exhibit 27
Federal District Court conviction
documents and pleadings
Taken as
offer of
proof
Respondents Exhibit 1
Inspection Report, dated August 18, 1993
Admitted
Respondents Exhibit 2
Inspection Report, dated April 7, 1994
Admitted
Respondents Exhibit 3
Inspection Report, dated March 22, 1995
Admitted
Respondents Exhibit 4
Inspection Report, dated May 22, 1995
Admitted
Respondents Exhibit 5
Inspection report, dated July 28, 1998
Admitted
Respondents Exhibit 6
Inspection Report, dated March 31, 1999
Admitted
Respondents Exhibit 7
Inspection Report, dated May 11,
1999(Cover Letter dated May 13, 1999)
Admitted
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Respondents Exhibit 8
Inspection Report, dated July 20, 1999
Admitted
Respondents Exhibit 9
Affidavit of James Pelnarsh
Admitted
Respondents Exhibit 11
Survey Report, dated August 30, 2000
Admitted
Respondents Exhibit 12
Agency Letter to James Pelnarsh, dated
March 16, 2001
Admitted
Respondents Exhibit 13
Transcript from a previous hearing
Admitted
Respondents Exhibit 14
Landfill Capacity Certification Form, dated
April 19, 1993
Admitted
Respondents Exhibit 15
Landfill Capacity Certification Form, dated
January 18, 1995
Admitted
Respondents Exhibit 16
Landfill Capacity Certification Form, dated
January 15, 1996
Admitted
Respondents Exhibit 17
Board Order in PCB 97-193, dated April 5,
2001
Admitted
Respondents Exhibit 18
Board Order in PCB 97-193, dated October
3, 2002
Admitted
Respondents Exhibit 19
Board Order in PCB 97-193 and 04-207,
dated April 20, 2006
Admitted
Respondents Exhibit 20
Appellate Court Order regarding PCB 95-
137
Admitted
Respondents Exhibit 21
Board Order in PCB 95-137, dated June
20, 1996
Admitted
Respondents Exhibit 22
United States District Court for Criminal
Docket re: USA v. Pruim, et al
Admitted
Respondents Exhibit 23
Complainant’s Letter, dated October 6,
2008
Admitted
Respondents Exhibit 24
Complainant’s Letter, dated October 2,
2008
Admitted
Respondents Exhibit 25
Agency document re: Economic Benefit
Analysis, dated August 26, 2008
Admitted
Respondents Exhibit 26
Complainant’s Letter, dated August 4,
2008
Admitted
Respondents Exhibit 27
Complainant’s Response to Respondent
Community Landfill Company’s Second
Request for Production of Documents
Admitted
Respondents Exhibit 28
Complainant’s Response to Respondent
Community Landfill Company’s Second
Set of Interrogatories
Admitted
Respondents Exhibit 29
Complainant’s Letter, dated December 16,
1998
Admitted
Respondents Exhibit 30
Complainant’s Responses and Objections
to Respondent’s First Request for
Production of Documents
Admitted
Respondents Exhibit 31
Complainant’s Responses and Objections
Admitted
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to Respondent’s First Set of Interrogatories
Respondents Exhibit 32
Complainant’s Responses and Objections
to Respondent’s Request for Admission of
Facts
Admitted
Respondents Exhibit 33
Deposition of Blake Harris, dated October
24, 2001
Admitted
Respondents Exhibit 34
Deposition of Christina Kovasznay, dated
October 24, 2001
Admitted
Respondents Exhibit 35
Deposition of Cristina Roque, dated
October 24, 2001
Admitted
Respondents Exhibit 36
Deposition of Warren Weritz, dated
October 24, 201
Admitted
Respondents Exhibit 37 1&2
Deposition of Gary Styzens, dated October
23, 2008; cont. to November 7, 2008
Admitted
Respondents Exhibit 43
Letter from Illinois Attorney General to
Agency, dated July 14, 2008
Admitted
Respondents Exhibit 45
Respondents First Supplemental Response
to Complainant’s First Set of
Interrogatories and Request for Production
of Documents
Admitted
Respondents Exhibit 46
Continuation Certificate-Frontier Insurance
Company
Admitted
Respondents Exhibit 47
Performance Bond- Community Landfill,
effective May 31, 2000
Admitted
Respondents Exhibit 48
Performance Bond- City of Morris,
effective May 31, 2000
Admitted
Respondents Exhibit 49
Account Verification Statement from
Emerald Insurance Services, dated April
15, 2003
Admitted
Respondents Exhibit 50
Direct Examination Guideline for Ellen
Robinson
Taken as an
offer of
proof
Respondents Exhibit 51
Addendum to July 1, 1982 Lease
Agreement
Admitted
Hearing Officer Exhibit 1
Respondents Request to Incorporate
Materials from Prior Proceeding, filed
December 1, 2008 (Incorporated material
attached to request)
Granted and
Admitted
.
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CERTIFICATE OF SERVICE
It is hereby certified that true copies of the foregoing order were mailed, first
class, on January 22, 2009, to each of the persons on the attached service list.
It is hereby certified that a true copy of the foregoing order was hand delivered to
the following on January 22, 2009:
John T. Therriault
Illinois Pollution Control Board
James R. Thompson Center
100 W. Randolph St., Ste. 11-500
Chicago, Illinois 60601
Bradley P. Halloran
Hearing Officer
Illinois Pollution Control Board
100 W. Randolph Street, Suite 11-500
Chicago, Illinois 60601
(312) 814-8917
4
PCB 2004-207
Mark A. LaRose
LaRose & Bosco, Ltd.
200 North LaSalle Street
Suite 2810
Chicago, IL 60601
PCB 2004-207
Christopher J. Grant
Office of the Attorney General
Environmental Bureau
69 W. Washington, 18th Floor
Chicago, IL 60602
PCB 2004-207
Jennifer A. Tomas
Office of the Attorney General
Environmental Bureau
69 W. Washington, 18th Floor
Chicago, IL 60602
PCB 2004-207
Robert Pruim
Community Landfill Company
c/o Morris Community Landfill
1501 Ashley Road
Morris, IL 60450
PCB 2004-207
Edward Pruim
Community Landfill Company
c/o Morris Community Landfill
1501 Ashley Road
Morris, IL 60450
PCB 2004-207
Clarissa Y. Cutler
155 North Michigan Avenue
Suite 375
Chicago, IL 60601