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, October 26,2009, filed with the Office of
the Clerk of the Illinois Pollution Control Board, by electronic filing, Complainant's Response in
Opposition to Community Landfill Co. Inc.'s Motion for Stay Pending Appeal.
BY:
Respectfully Submitted,
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Assistant Attorneys General
Environmental Bureau
69
W. Washington Street., 18
th
FIr.
Chicago, IL
60602
(312) 814-5388
Electronic Filing - Received, Clerk's Office, October 26, 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 IN OPPOSITION TO COMMUNITY LANDFILL CO. INC.'S
MOTION FOR STAY PENDING APPEAL
NOW COMES Complainant, PEOPLE OF THE STATE OF ILLINOIS, by LISA
MADIGAN, Attorney General of the State of Illinois, and responds in opposition to the
COMMUNITY LANDFILL
CO., INC.'S ("CLC's") Motion to Stay Pending Appeal. For the
reasons set forth herein, Complainant requests that the Board deny the Motion for Stay.
I.
THE CASE IS NOW BEFORE THE APPELLATE COURT
On October 21,2009, Complainant was served with Respondent City of Morris's
("City's" or "Morris's") petition for review ofthe Pollution Control Board's ("Board's") orders
in this matter. The
Petition had been filed by mail with Illinois Appellate Court, Third District,
on
October 19, 2009
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The Board generally denies motions to stay when the case is before the
Appellate Court
2, and it should do so in this Matter as well.
IComplainant was not yet aware
of the Appellate Court filing when it files its Response in
Opposition to the City'S request to the Board for a stay.
2Community Landfill Company
&
City o/Morris
v.
Illinois EPA,
PCB 01-48/01-49
(August 9,
2001)
1
Electronic Filing - Received, Clerk's Office, October 26, 2009
II.
A STAY OF THE BOARD'S FINAL ORDER WOULD THREATEN HARM TO
THE PUBLIC
CLC's Motion repeats the arguments put forward by the City in its Request for Stay, and
the
State repeats its arguments in response. CLC's request also ignores the deteriorated state of
the Landfill, and the need for maintenance and repair during the period of appeal. Further, it
requests a total and complete stay
of the penalty assessed against it.
The penalty against CLC only removes the proven economic benefit
of noncompliance
during the period
ofviolation
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CLC is now requesting that it be able to continue to retain these
funds, without even providing a minimum security that the
State will be able to collect in the
event that it prevails in the Appellate Court. The record in this case shows that CLC has very
limited capital. Allowing it to divert and waste funds available for penalty, and thus rend its
judgment uncollectible, while taking full advantage of the appeals process, would be unfair to the
State.
Finally, grant of a stay would allow CLC and the City to continue illegal dumping at the
Landfill. The Board cannot allow this dumping to continue.
III.
CONCLUSION
CLC provides no valid basis for the Board's grant of a stay in this matter. CLC' s Motion
to
Stay Pending Appeal should be denied.
3The penalty assessed against CLC only recovered unpaid surety premiums, without
interest
or an additional gravity component.
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BY:
RESPECTFULLY 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, C
Envir nmental Burea
istopher Grant
Jennifer Tomas
Assistant Attorneys General
69
W. Washington Street, #1800
Chicago, IL 60602
(312)814-5388
(312)814-0609
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Electronic Filing - Received, Clerk's Office, October 26, 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)
CERTIFICATE
OF SERVICE
I, CHRISTOPHER GRANT, an attorney, do certify that I caused to be served this 26
th
day
of October, 2009, the foregoing Response in Opposition to Community Landfill Co. Inc.'s
Motion for
Stay Pending Appeal; and Notice of Filing, upon the persons listed below by first
class mail.
City
of Morris
c/o Mr. Charles Helsten
Hinshaw
&
Culbertson
100 Park Avenue
Rockford, Illinois 61101
Community Landfill Co.
c/o Mr. Mark LaRose
LaRose
&
Bosco
200 N. La Salle Street, Suite 2810
Chicago, Illinois 60601
Mr. Bradley P. Halloran
Illinois Pollution Control Board
100 W. Randolph Street
Chicago, Illinois
60601 (by hand delivery)
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CHRISTOPHER GRANT
Mr.
Scott Belt
Belt, Bates
&
Associates
105 E. Main Street
Suite 206
Morris, Illinois 60450
Community Landfill Co.
c/o Ms. Clarissa Cutler
Attorney at Law
155 North Michigan, Suite 375
Chicago, Illinois
60601
Electronic Filing - Received, Clerk's Office, October 26, 2009
