1. TillS FILING IS SUBMITTED ON RECYCLED PAPER.
      2. AFFIRMATION
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
PEOPLE OF
THE STATE OF ILLINOIS, )
Complainant,
vs.
COMMUNITY LANDFILL COMPANY,
INC.,
Respondent.
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)
)
)
)
)
)
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~~~~~~~~~~~)
PEOPLE OF THE STATE OF ILLINOIS, )
Complainant,
vs.
EDWARD
PRUIM and ROBERT PRUIM,
Respondents.
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)
)
)
)
)
)
)
PCB No. 97-193
(Enforcement - Land)
(consolidated)
PCB No. 04-207
(Enforcement - Land)
NOTICE OF FILING
TO: Christopher Grant
Jennifer Van Wie
Environmental Bureau
Assistant Attorney General
69 W. Washington, 18th Floor
Chicago, Illinois
60602
cgrantlalatg.state.il.us
jvanwie@atg.state.il.us
Bradley Halloran
Hearing Officer
Illinois
Pollution Control Board
100 West Randolph, Suite ll-500
Chicago, Illinois 60601
hallorab@ipcb.state.il.us
PLEASE TAKE NOTICE that on SEPTEMBER 4,2009, the undersigned caused to be
electronically filed with
Mr. John Therriault, of the Illinois Pollution Control Board, 100 West
Randolph Street, Suite
ll-500, Chicago, Illinois 60601, the RESPONDENTS COMMUNITY
LANDFILL COMPANY, INC., EDWARD PRUIM AND ROBERT PRUIM'S
EXPEDITED MOTION FOR THE BOARD TO CHANGE THE SEPTEMBER 21, 2009
PENALTY PAYMENT
DEADLINE IN ITS AUGUST 20, 2009 OPINION AND ORDER
TO A DATE AFTER SEPTEMBER 28,2009, a copy of which is attached and hereby served
upon you.
/s/ Mark A. LaRose
One
of Respondents' Attorneys
TillS FILING IS SUBMITTED ON RECYCLED PAPER.
Mark A. LaRose
LaRose
&
Bosco, Ltd.
200 N. LaSalle Street, Suite 2810
Chicago
lL 60601
(312) 642-4414
Atty. No. 37346
Clarissa
Y. Cutler
Attorney at Law
155 North Michigan Avenue,
Suite 375
Chicago 11
60601
(312) 729-5067
AttyNo.44745
TillS FILING IS SUBMITTED ON RECYCLED PAPER.
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
PEOPLE OF THE STATE OF ILLINOIS, )
Complainant,
vs.
COMMUNITY LANDFILL COMPANY,
INC.,
Respondent.
)
)
)
)
)
)
)
)
)
~==~~~~~==~~-)
PEOPLE OF THE STATE OF ILLINOIS, )
Complainant,
vs.
EDWARD
PRUIM and ROBERT PRUIM,
Respondents.
)
)
)
)
)
)
)
)
PCB No. 97-193
(Enforcement - Land)
(consolidated)
PCB No. 04-207
(Enforcement - Land)
RESPONDENTS COMMUNITY LANDFILL COMPANY, INC.,
EDWARD
PRUIM AND ROBERT PRUIM'S EXPEDITED MOTION FOR THE BOARD
TO CHANGE THE SEPTEMBER 21, 2009 PENALTY PAYMENT DEADLINE IN ITS
AUGUST 20, 2009 OPINION
AND ORDER TO A DATE AFTER SEPTEMBER 28,2009
Respondents, Community Landfill Company, Inc., Edward Pruim and Robert Pruim, by and
through their attorneys LaRose
&
Bosco, Ltd., and pursuant to 35
lll.
Admin. Code 101.512(a)
hereby move the Illinois Pollution Control Board to change the September 21,2009 penalty payment
deadline in its August
20, 2009 Opinion and Order to a date after September 28,2009, and in support
hereof states as follows:
1.
The Board adopted its Opinion and Order in this case on August 20, 2009, and the
Respondents received the
Order on August 24, 2009.
1
Electronic Filing - Received, Clerk's Office, September 4, 2009
2.
In its Opinion and Order, the Board ordered Respondents Co=unity Landfill
Company, Inc. and Edward and Robert Pruim, jointly and severally, to pay a civil penalty
of
$250,000.00 no later than September 21, 2009.
3.
The Respondents have 35 days after receipt ofafinal Board order to file a motion for
reconsideration before the illinois Pollution Control Board.
See
35 IlI.Adm. Code 101.520(a).
4.
It
is the Respondents' intent to file a motion for reconsideration and said motion is due
on September 28,2009 -- 35 days after receipt of the Order.
5.
The filing of a motion for reconsideration stays the effect of the final order until final
disposition
of the motion.
See
35 Ill. Adm. Code 101.520(c).
6.
As the Board's Opinion and Order currently stands, the September 21,2009 penalty
deadline precedes and conflicts with the September 28,
2009 filing deadline.
7.
If the September 21, 2009 penalty deadline stands as is, the Respondents would be
required to pay
$250,000 prior to tlle deadline of the filing of their motion for reconsideration, which
motion will stay the Board's
Order and Opinion.
8.
The Board's Opinion and Order as it stands would severely prejUdice the
Respondents, as the Respondents need the full 35 days accorded by the regulations to prepare and
file their motion to reconsider and Respondents would be deprived
of the stay that would
automatically accompany their motion for reconsideration.
9.
In order for the Respondents to be given the required and allowable time provided
under the statute to file their motion to reconsider, and so that the Board's
Order and Opinion is
stayed until final disposition
of the Respondents' motion for reconsideration, it will be necessary for
2
Electronic Filing - Received, Clerk's Office, September 4, 2009
the Board to amend the deadline for payment of the $250,000.00 penalty until a date after September
28,2009.
10.
This motion is made in good faith and not for the purposes
of delay.
II.
If
this motion is not granted, the Respondents will be severely prejudiced.
12.
Time is
of the essence as to the ruling on this motion as the penalty deadline is fast
approaching, and Respondents' request for expedited review
of this motion under 35 TIl. Admin.
Code ยง101.512.
WHEREFORE,
Respondents respectfully request that this Motion be granted and that
the Board change the September 21,
2009 penalty payment deadline in its August 20, 2009
Opinion
and Order to a date after September 28, 2009.
Mark
A.
LaRose
LaRose
&
Bosco, Ltd.
Attorney No. 37346
200 N. LaSalle Street, Suite 2810
Chicago lllinois
60601
(312) 642-4414
Fax (312) 642-0434
Clarissa
Y. Cutler
Attorney at Law
Attorney No. 44745
155 N. Michigan Avenue,
Suite 375
Chicago, IL
60601
(312) 729-5067
Fax (312) 729-5056
3
Respectfully submitted,
lsi
Mark
A.
LaRose
Attorneys for Respondents
AFFIRMATION
I, Mark A. LaRose, hereby attest that the statements in the foregoing RESPONDENTS
COMMUNITY
LANDFILL COMPANY, INC., EDWARD PRUIM AND ROBERT PRUIM'S
EXPEDITED
MOTION FOR THE BOARD TO CHANGE THE SEPTEMBER 21, 2009
PENALTY PAYMENT DEADLINE IN ITS AUGUST 20, 2009 OPINION AND ORDER TO
A DATE AFTER SEPTEMBER 28, 2009, are true and that there is an absolute necessity for
expedited review and the relief requested in the foregoing motion.
Mark
h1/JL~
A.
LaRose
CERTIFICATE OF SERVICE
I, Mark A. LaRose, an attorney, hereby certify that I caused to be served a copy of the
foregoing
RESPONDENTS COMMUNITY LANDFILL COMPANY, INC., EDWARD
PRUIM AND ROBERT PRUIM'S EXPEDITED MOTION FOR THE BOARD TO
CHANGE THE SEPTEMBER 21, 2009 PENALTY PAYMENT DEADLINE IN ITS
AUGUST 20, 2009 OPINION AND ORDER TO A DATE AFTER SEPTEMBER 28, 2009
by electronic filing, e-mailing, 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
4th day of SEPTEMBER, 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
cgrantialatg.state.il.us
j
vanwieialatg. state. il. us
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
AttyNo.44745
By U.S. Mail and email
Bradley Halloran
Hearing
Officer
Illinois Pollution Control Board
100 West Randolph, Suite 11-500
Chicago, Illinois 60601
hallorabialipc
b. state.il. us
lsi
Mark A. LaRose
One of Respondents' Attorneys
THIS FILING IS SUBMITTED ON RECYCLED PAPER.
Electronic Filing - Received, Clerk's Office, September 4, 2009

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