BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
PEOPLE OF
THE STATE OF ILLINOIS,
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Complainant,
vs.
PCB No. 03-191
(Enforcement-Land)
COMMUNITY LANDFILL
COMPANY, INC.,
an Illinois corporation, and
the CITY
OF MORRIS, an Illinois
municipal corporation,
Respondents.
NOTICE OF ELECTRONIC FILING
PLEASE TAKE NOTICE that we have today, June 15,2009, filed with the Office of the
Clerk of the Illinois Pollution Control Board, by electronic filing, Complainant's Response to
Motion to
Strike, a copy of which is attached and herewith served upon you.
BY:
PEOPLE OF THE STATE OF ILLINOIS
ex reI.
LISA MADIGAN
Attorney General
of the
State of Illinois
Assistant
~RA~
Attorneys General
Environmental Bureau
69
W. Washington Street, 18
th
FIr.
Chicago, IL
60602
(312) 814-5388
Electronic Filing - Received, Clerk's Office, June 15, 2009
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
PEOPLE OF
THE STATE OF ILLINOIS,
Complainant,
vs.
COMMUNITY LANDFILL COMPANY, INC.,
an Illinois corporation, and
the CITY
OF MORRIS, an Illinois
municipal corporation,
Respondents.
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PCB No. 03-191
(Enforcement-Land)
RESPONSE TO MOTION TO STRIKE
NOW COMES Complainant, PEOPLE OF THE STATE OF ILLINOIS, and responds to
the City
of Morris's (Morris's) Motion to Strike the State's Request for Final Order.
1.
Morris's objections put form over substance. A 'Motion' is
"[aJ
written or oral application requesting a cOllrt to make a specified ruling or order".
Black's
Law Dictionary
(7th
Edition, 1999). The Board can certainly treat the State's "Request for a
\
Final Order" as a "Motion for Final Order" if it so chooses.
2.
However, the State's Request for Final Order is primarily intended to advise the
Board
of the serious and illegal conduct of.the Respondents at present, and to remind the Board
that the
State is hindered from enforcing the law until the Board issues its decision.
3.
The State is not asking that new evidence be considered for additional daily
penalties. Rather the
State is asking the Board to make a final decision, so that continued illegal
dumping by Morris and Community Landfill Company may finally be stopped.
4.
Thus, the State's Request for Final Order does not easily fit into one of the
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enumerated categories in the Board Procedural Rules!. However, the State is confident that the
Board has authority to consider its Request under Section 5/5( d)
of the Act, 415 ILCS 5/5( d)
(2006),35 Ill. Adm. Code Sections 101.100(b), and 101.500(a), as well as other sections of the
Act and Board regulations.
WHEREFORE, Complaint requests that the Board deny Morris's Motion to Strike,
consider the evidence presented at the 2007 hearing on remedy, and issue its final order in this
case as soon as possible.
BY:
RESPECTFULL Y SUBMITTED
PEOPLE OF
THE STATE OF ILLINOIS
by
LISA MADIGAN,
Attorney General
of the State of Illinois
MATTHEW
J. DUNN, Chief
Environmental Enforcement/Asbestos
Litigation Division
ROSEMARIE CAZEAU, Chief
Environmental Bureau North
oVIRISTOPHER
~k
GRANT
Environmental Bureau
Assistant Attorney General
69 W. Washington Street,
#1800
Chicago, IL 60602
(312)814-5388
!Complainant does not believe that its Request is technically a 'Motion for Expedited
Review' pursuant to 735
ILCS 101.512, as such Motions are filed along with the request for
relief, and accordingly would have been filed with Complainant's Post-Hearing Brief.
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Electronic Filing - Received, Clerk's Office, June 15, 2009
CERTIFICATE OF SERVICE
I, CHRISTOPHER GRANT, an attorney, do certify that I caused to be served this 15th
day
of June, 2009, the foregoing Response to Motion to Strike, and Notice of Filing, upon the
persons listed below, by placing same in an envelope bearing sufficient postage with the United
States
Postal Service located at 100 W. Randolph,
ChiCe
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Service List
Mr. Mark La Rose
La Rose
&
Bosco
200 N. La Salle Street, #2810
Chicago, Illinois 60601
Mr. Charles Helsten
Mr. Richard Porter
Hinshaw
&
Culbertson
100 Park A venue
Rockford IL 61105-1389
Ms. Clarissa Cutler
155 North Michigan Avenue
Suite 375
Chicago, IL
60601
CHRISTOPHER
GRANT
Mr. Bradley P. Halloran
Hearing
Officer
Illinois Pollution Control Board
100 W. Randolph Street
Chicago IL 60601 (hand delivery)
Mr.
Scott M. Belt
105 E. Main Street
Suite 206
Morris IL 60450