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)
NOTICE OF FILING
TO: Christopher Grant
Jennifer
VanWie
Environmental Bureau
Assistant Attorney General
69 W. Washington, 18th Floor
Chicago, Illinois
60602
c grantial.atg.state. i I. us
jvanwie@atg.state.il.us
Bradley Halloran
Hearing
Officer
Illinois Pollution Control Board
100 West Randolph, Suite 11-500
Chicago, Illinois 6060 I
hall orabial.ipc b. state. i I. us
PLEASE TAKE NOTICE
that on
SEPTEMBER 28, 2009,
the undersigned caused to
be electronically filed with Mr. Jolm Therriault,
of the Illinois Pollution Control Board, 100 West
Randolph Street, Suite
11-500, Chicago, Illinois 60601, the
RESPONDENTS COMMUNITY
LANDFILL COMPANY, INC., ROBERT PRIDM AND EDWARD PRIDM'S MOTION
FOR RECONSIDERATION OF THE ILLINOIS POLLUTION CONTROL BOARD'S
ODER
DATED AUGUST 20, 2009,
a copy of which is attached and hereby served upon you.
lsi
Clarissa Y. Cutler
One of Respondents' Attorneys
TIDS FILING IS SUBMITTED ON RECYCLED PAPER.
Electronic Filing - Received, Clerk's Office, September 28, 2009
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 lL
60601
(312) 729-5067
AttyNo.44745
THIS FILING IS SUBMITTED ON RECYCLED PAPER.
Electronic Filing - Received, Clerk's Office, September 28, 2009
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
PEOPLE OF THE STATE OF ILLINOIS,
Complainant,
v.
EDWARD PRUIM and ROBERT PRUIM,
Respondents.
PEOPLE OF THE STATE OF ILLINOIS,
Complainant,
v.
COMMUNITY LANDFILL COMPANY, INC.
Respondent.
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
PCB 04-207
(Enforcement - Land)
PCB 97-193
(Enforcement
- Land)
(Consolidated)
COMMUNITY LANDFILL
CO., INC. ROBERT PRUIM AND EDWARD PRUIM'S
MOTION FOR RECONSIDERATION OF THE ILLINOIS POLLUTION CONTROL
BOARD'S ORDER DATED AUGUST 20, 2009
Respondent, 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, pursuant to 35 Ill.Adm. Code 101.520(a) and 101.902, hereby move the Illinois
Pollution Control Board to reconsider its
Order dated August 20, 2009, and in support thereof,
states as follows:
1.
On August 20, 2009, the Illinois Pollution Control Board issued an Opinion and
Order of the Board in the above captioned matter. The Order is attached to Community Landfill
Co., Inc., ROBERT PRUIM AND EDWARD PRUIM's Memorandum in Support of their
Electronic Filing - Received, Clerk's Office, September 28, 2009
Motion for Reconsideration of the Illinois Pollution Control Board's Order Dated August 20,
2009.
2.
Community Landfill Co., Inco's ("CLC") Motion to Reconsider the Illinois
Pollution Control Board's
Order Dated August 20, 2009 is timely filed pursuant to 35 Ill.Adm.
Code 1
01.520(a), which allows a motion for reconsideration of an order by the Illinois Pollution
Control Board
("Board") to be filed 35 days after receipt of an order. In the present matter, the
Order was received via registered mail by CLC on August 24, 2009. This motion was timely
filed on September
28,2009.
3.
For the reasons set forth in its Memorandum in Support of its Motion for
Reconsideration
of the Illinois Pollution Control Board's Order Dated August 20, 2009, CLC
moves the Board for reconsideration and seeks a revised
Order as follows:
A.
dismiss Counts IV and XVII (financial assurance), V (significant
modification), VII, VIII, IX and X (overheight), and XIX (cost estimate) against Robert
Pruim and Edward Pruim in PCB 04-207 with a finding that they are not personally liable
for the allegations contained therein;
B.
dismiss Counts II and VI against CLC in PCB 97-193 with a finding that it
did not fail to control leachate or cause water pollution; and
C.
revise the penalty assessed to reflect the dismissal of Counts I, II, III, VI,
and XII against Robert
Pruim and Edward Pruim due to the State's failure to prove
personal liability; and
D.
revise the penalty assessed to reflect the dismissal
of all counts against
Robert
Pruim and Edward Pruim as requested herein (Counts IV, V, VII, VIII, IX, X,
2
Electronic Filing - Received, Clerk's Office, September 28, 2009
XVII and XIX of PCB 04-207) and against CLC as requested herein (Counts II and VI in
PCB 97-193) and assess a penalty of $25,0000 against CLC.
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
Respectfully submitted,
lsi
Clarissa Y. Cutler
One of the Attorneys for
COMMUNITY LANDFILL CO., INC.,
ROBERT
PRUIM AND EDWARD PRUIM
3
Electronic Filing - Received, Clerk's Office, September 28, 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
PRUIM AND EDWARD PRUIM'S MOTION FOR RECONSIDERATION OF THE
ILLINOIS POLLUTION CONTROL BOARD'S ORDER DATED AUGUST 20,2009 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
28
th
day of SEPTEMBER, 2009, addressed as follows:
By
U.S. Mail and email
Christopher Grant
Jennifer
VanWie
Environnlental Bureau
Assistant Attorney General
69
W. Washington, 18ili Floor
Chicago, Illinois
60602
cgrant(a)atg.state.
i
I.
us
ivan wie(a)atg.state. i
I. LIS
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
1L 60601
(312) 729-5067
Arty
No. 44745
By
U.S. Mail and email
Bradley Halloran
Hearing
Officer
Illinois Pollution Control Board
100 West Randolph, Suite 11-500
Chicago, Illinois 60601
hallorab@ipcb.state.il.us
/s/ Clarissa
Y.
Cutler
One of Respondents' Attorneys
TillS FILING IS SUBMITTED ON RECYCLED PAPER.
Electronic Filing - Received, Clerk's Office, September 28, 2009