BEFORE THE ILLINOIS POLLUTION CONTROL BOARD

ILLINOIS POLLUTION CONTROL BOARD

ILLINOIS POLLUTION CONTROL BOARD

January 22, 2009

PEOPLE OF THE STATE OF ILLINOIS,

EDWARD PRUIM and ROBERT PRUIM,

(Enforcement – Land)

______________________________________

PEOPLE OF THE STATE OF ILLINOIS,

COMMUNITY LANDFILL COMPANY,

(Enforcement – Land)

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

was respondents’ motion to exclude evidence of respondents’ prior convictions. Motion

#2 was respondents’ motion to exclude testimony of John Enger. Motion

respondents’ motion to exclude eight inspection reports. The complainant timely filed its replies.

For reasons set forth on record at the hearing on December 2, 2008, respondents’ motions

were addressed and ruled upon. Respondents’ motion

#1 was granted.

Respondents’ motion

#2 was denied. Respondents’ motion

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.

An exhibit list itemizing the offered exhibits and summarizing their status is attached to

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.

_________________________________

Bradley P. Halloran

Hearing Officer

Illinois Pollution Control Board

James R. Thompson Center, Suite 11-500

100 W. Randolph Street

Chicago, Illinois 60601

PCB 97-193 and PCB 04-207

December 2, 3 and 4, 2008 Hearing

Exhibit List

Exhibit (Binder)

Complainant’s Exhibit 1a

Letter from R. Michael McDermont to

Lawrence Eastep, dated January 5, 1989

Complainant’s Exhibit 1b

Diagram of Landfill-Parcel B

Complainant’s Exhibit 1c

Post-Closure Care Plan, stamped February

Complainant’s Exhibit 1d

Correspondence regarding Supplemental

Permit Application, stamped July 26, 1996

Complainant’s Exhibit 1e

General Application for Permit, stamped

Complainant’s Exhibit 1f

Application for Significant Modification to

Permit, stamped April 30, 1997

Interrogatories

Complainant’s Exhibit 2a

Supplemental Permit, dated June 5, 1989

Complainant’s Exhibit 2b

Supplemental Permit, dated April 20, 1993 Admitted

Complainant’s Exhibit 2c

Supplemental Permit, dated October 24,

Complainant’s Exhibit 7

Financial Assurance document, stamped

January 20, 1995

Complainant’s Exhibit 8

Financial Assurance document, dated May

Complainant’s Exhibit 9

Closure/Post-Closure Financial Assurance

document, stamped June 24, 1996

Complainant’s Exhibit 13a

Inspection Report, dated August 18, 1993

Complainant’s Exhibit 13b

Inspection Report, dated April 7, 1994

Complainant’s Exhibit 13c

Inspection Report, dated May 26, 1994

Complainant’s Exhibit 13d

Inspection Report, dated August 29, 1994

Complainant’s Exhibit 13e

Inspection Report, dated March 22, 1995

Complainant’s Exhibit 13f

Inspection Report, dated May 22, 1995

Complainant’s Exhibit 13g

Inspection Report, dated November 7, 1995 Admitted

Complainant’s Exhibit 13h

Inspection Report, dated July 11, 1996

Complainant’s Exhibit 13i

Inspection Report, dated March 5, 1997

Complainant’s Exhibit 13j

Inspection Report, dated July 28, 1998

Complainant’s Exhibit 13k

Inspection Report, dated November 19,

Complainant’s Exhibit 13l

Inspection Report, dated March 31, 1999

Complainant’s Exhibit 13m

Agency Memorandum, dated May 11, 1999 Admitted

Complainant’s Exhibit 13n

Inspection Report, dated July 20, 1999

Complainant’s Exhibit 13o

Agency Memorandum, dated 9-7-1999

Complainant’s Exhibit 14a

Landfill Capacity Worksheet, stamped June

Complainant’s Exhibit 14b

Landfill Capacity Worksheet, stamped

Complainant’s Exhibit 14c

Landfill Certification Form-Parcel B, dated

Complainant’s Exhibit 14d

Landfill Certification Form-Parcel B, dated

January 18, 1995

Complainant’s Exhibit 14e

Landfill Certification Form-Parcel B, dated

January 15, 1997

Complainant’s Exhibit 14f

Landfill Capacity Certification Form, dated

February 7, 1997

Complainant’s Exhibit 15a

Respondent Community Landfill

Company’s Answer to First Set of

Interrogatories

Complainant’s Exhibit 15b

Respondent Community Landfill

Company’s Answer to Request for

Admission of Facts

Complainant’s Exhibit 15c

Respondent Community Landfill

Company’s Answer to Request for

Production of Documents

Complainant’s Exhibit 15d

Respondent’s Answers to Complainant’s

Second Set of Interrogatories

Complainant’s Exhibit 16

Agreement of parties that Edward Pruim,

Robert Pruim and Pelnarsh, Sr., deposition

transcripts will not be reproduced

Complainant’s Exhibit 17

Economic Benefit Analysis, dated August

Complainant’s Exhibit 18

Economic Benefit Calculation, dated

January 21, 2003

Complainant’s Exhibit 19

Financial Assurance (Economic Benefit

from Non-Compliance)

Complainant’s Exhibit 26

Summary of Tickets-January 1994

Complainant’s Exhibit 27

Federal District Court conviction

documents and pleadings

Respondents Exhibit 1

Inspection Report, dated August 18, 1993

Respondents Exhibit 2

Inspection Report, dated April 7, 1994

Respondents Exhibit 3

Inspection Report, dated March 22, 1995

Respondents Exhibit 4

Inspection Report, dated May 22, 1995

Respondents Exhibit 5

Inspection report, dated July 28, 1998

Respondents Exhibit 6

Inspection Report, dated March 31, 1999

Respondents Exhibit 7

Inspection Report, dated May 11,

1999(Cover Letter dated May 13, 1999)

Respondents Exhibit 8

Inspection Report, dated July 20, 1999

Respondents Exhibit 9

Affidavit of James Pelnarsh

Respondents Exhibit 11

Survey Report, dated August 30, 2000

Respondents Exhibit 12

Agency Letter to James Pelnarsh, dated

Respondents Exhibit 13

Transcript from a previous hearing

Respondents Exhibit 14

Landfill Capacity Certification Form, dated

Respondents Exhibit 15

Landfill Capacity Certification Form, dated

January 18, 1995

Respondents Exhibit 16

Landfill Capacity Certification Form, dated

January 15, 1996

Respondents Exhibit 17

Board Order in PCB 97-193, dated April 5,

Respondents Exhibit 18

Board Order in PCB 97-193, dated October

Respondents Exhibit 19

Board Order in PCB 97-193 and 04-207,

dated April 20, 2006

Respondents Exhibit 20

Appellate Court Order regarding PCB 95-

Respondents Exhibit 21

Board Order in PCB 95-137, dated June

Respondents Exhibit 22

United States District Court for Criminal

Docket re: USA v. Pruim, et al

Respondents Exhibit 23

Complainant’s Letter, dated October 6,

Respondents Exhibit 24

Complainant’s Letter, dated October 2,

Respondents Exhibit 25

Agency document re: Economic Benefit

Analysis, dated August 26, 2008

Respondents Exhibit 26

Complainant’s Letter, dated August 4,

Respondents Exhibit 27

Complainant’s Response to Respondent

Community Landfill Company’s Second

Request for Production of Documents

Respondents Exhibit 28

Complainant’s Response to Respondent

Community Landfill Company’s Second

Set of Interrogatories

Respondents Exhibit 29

Complainant’s Letter, dated December 16,

Respondents Exhibit 30

Complainant’s Responses and Objections

to Respondent’s First Request for

Production of Documents

Respondents Exhibit 31

Complainant’s Responses and Objections

to Respondent’s First Set of Interrogatories

Respondents Exhibit 32

Complainant’s Responses and Objections

to Respondent’s Request for Admission of

Respondents Exhibit 33

Deposition of Blake Harris, dated October

Respondents Exhibit 34

Deposition of Christina Kovasznay, dated

October 24, 2001

Respondents Exhibit 35

Deposition of Cristina Roque, dated

October 24, 2001

Respondents Exhibit 36

Deposition of Warren Weritz, dated

October 24, 201

Respondents Exhibit 37 1&2

Deposition of Gary Styzens, dated October

23, 2008; cont. to November 7, 2008

Respondents Exhibit 43

Letter from Illinois Attorney General to

Agency, dated July 14, 2008

Respondents Exhibit 45

Respondents First Supplemental Response

to Complainant’s First Set of

Interrogatories and Request for Production

Respondents Exhibit 46

Continuation Certificate-Frontier Insurance

Respondents Exhibit 47

Performance Bond- Community Landfill,

effective May 31, 2000

Respondents Exhibit 48

Performance Bond- City of Morris,

effective May 31, 2000

Respondents Exhibit 49

Account Verification Statement from

Emerald Insurance Services, dated April

Respondents Exhibit 50

Direct Examination Guideline for Ellen

Respondents Exhibit 51

Addendum to July 1, 1982 Lease

Hearing Officer Exhibit 1

Respondents Request to Incorporate

Materials from Prior Proceeding, filed

December 1, 2008 (Incorporated material

attached to request)

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

LaRose & Bosco, Ltd.

200 North LaSalle Street

Chicago, IL 60601

Christopher J. Grant

Office of the Attorney General

Environmental Bureau

69 W. Washington, 18th Floor

Chicago, IL 60602

Jennifer A. Tomas

Office of the Attorney General

Environmental Bureau

69 W. Washington, 18th Floor

Chicago, IL 60602

Community Landfill Company

c/o Morris Community Landfill

1501 Ashley Road

Morris, IL 60450

Community Landfill Company

c/o Morris Community Landfill

1501 Ashley Road

Morris, IL 60450

Clarissa Y. Cutler

155 North Michigan Avenue

Chicago, IL 60601