BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
PEOPLE OF THE STATE OF ILLINOIS, )
Complainant,
vs.
COMMUNITY LANDFILL COMPANY,
INC.,
Respondent.
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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
cgrant@atg.state.il.us
j
vanwie(w'atg.state. il. us
Bradley Halloran
Hearing
Officer
Illinois Pollution Control Board
100 West Randolph, Suite 11-500
Chicago, Illinois 60601
hallorab@ipcb.state.il.us
PLEASE TAKE NOTICE
that on
NOVEMBER
23,
2009,
the undersigned caused to
be electronically filed with
Mr. John Therriault, of the Illinois Pollution Control Board, 100 West
Randolph Street, Suite
11-500, Chicago, Illinois 60601, the
RESPONDENTS COMMUNITY
LANDFILL COMPANY, INC., ROBERT PRUIM AND EDWARD PRUIM'S
EXPEDITED MOTION TO CHANGE THE DECEMBER 5, 2009 PENALTY PAYMENT
DEADLINE IN THE BOARD'S NOVEMBER 5, 2009 ORDER TO A DATE AFTER
DECEMBER 14,
2009,
a copy of which is attached and hereby served upon you.
/s/ Mark
A.
LaRose
One of Respondents' Attorneys
THIS FILING IS SUBMITTED ON RECYCLED PAPER.
Electronic Filing - Received, Clerk's Office, November 23, 2009
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
Atty No. 44745
THIS FILING IS SUBMITTED ON RECYCLED PAPER.
Electronic Filing - Received, Clerk's Office, November 23, 2009
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 TO
CHANGE THE DECEMBER 5, 2009 PENAL TY PAYMENT DEADLINE IN THE
BOARD'S NOVEMBER 5, 2009 ORDER TO A DATE AFTER DECEMBER 14, 2009
Respondents, Community Landfill Company, Inc., Edward Pruim and Robert Pruim, by and
through their attorneys LaRose
&
Bosco, Ltd., and pursuant to 35
Ill.
Admin. Code 101.512(a)
hereby move the Illinois Pollution Control Board to change the December 5, 2009 penalty payment
deadline in its November 5,
2009 Order to a date after December 14, 2009, and in support hereof
states as follows:
1
Electronic Filing - Received, Clerk's Office, November 23, 2009
I.
On November 5, 2009, the Board issued its Order denying Respondents motion for
reconsideration and directing the parties to pay all civil penalties within
30 days of the date of the
order
- by December 5, 2009.
2.
The Respondents received the Board's November 5, 2009 order on November II,
2009.
3.
The Board's November 5, 2009 order may be appealed directly to the Illinois
Appellate Court within
35 days after the Board serves the order - which in this case is December 14,
2009. 415 ILCS § 5/41(a)(2008).
4.
Pursuant to the Board's procedural rules, motions for the Board to reconsider or
modify its final orders may be filed with the Board within
35 days after the order is received - which
in
tins case is December 14, 2009. 35 Ill. Adm. Code 101.520(a).
5.
Pursuant to the Board's procedure rules, a timely-filed motion for reconsideration or
modification stays the effect
of the final order until final disposition ofthe motion. 35 Ill. Adm. Code
101.520(c). Granting this motion would be a modification of the Board's November 5,2009 Order.
6.
TIle Respondents intend to file an appeal of the Board's Order with the Third District
Appellate Court and a Motion to
Stay Pending Appeal with the Illinois Pollution Control Board by
the December 14,
2009 deadline.
7.
The December 5, 2009 deadline for Respondents to pay all civil penalties precedes
and conflicts with the date
of December 14,2009 - which is the deadline to file a motion to stay in
the Pollution Control Board and an appeal in the Third District Appellate Court.
2
Electronic Filing - Received, Clerk's Office, November 23, 2009
8.
lfthe December 5, 2009 penalty deadline stands as is, the Respondents would be
required to pay
$250,000 prior to the deadline of the filing of their motion to stay with the Illinois
Pollution Control Board and prior to filing their appeal with the Illinois Appellate Court.
9.
The Board's
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 stay
pending appeal and their appeal, and the Respondents would be deprived
of the stay that would
automatically accompany their motion to stay pending appeal.
10.
In
order for the Respondents to be given the required and allowable time provided
under the statute to file their motion to stay and to appeal the Board's
Order, and so that the Board's
Order is stayed until after final disposition of the Respondents' Motion to Stay Pending Appeal, it
will be necessary for the Board to change the deadline for payment
of the $250,000.00 penalty until
after the December 14,
2009 deadline.
II.
This motion is made in good faith and not for the purposes of delay.
12.
If this motion is not granted, the Respondents will be severely prejudiced.
13.
Time is
of the essence as to the ruling on this motion as the penalty deadline is fast
approaching, and therefore, Respondents' request expedited review
of this motion under 35 Ill.
Admin. Code §101.512.
3
Electronic Filing - Received, Clerk's Office, November 23, 2009
WHEREFORE,
Respondents respectfully request that this Motion be granted and that
the Board change the December 5,
2009 penalty payment deadline in its November 5, 2009 Order
to a date after the December 14, 2009 filing deadline.
Mark
A.
LaRose
LaRose
&
Bosco, Ltd.
Attorney
No.3 7346
200 N. LaSalle Street, Suite 2810
Chicago Illinois 6060 I
(312) 642-4414
Fax (312) 642-0434
Clarissa Y. Cutler
Attorney at Law
Attorney No. 44745
155 N. Michigan Avenue, Suite 375
Chicago,
1L 60601
(312) 729-5067
Fax (312) 729-5056
4
Respectfully submitted,
lsi
Mark A. LaRose
Attorneys for Respondents
Electronic Filing - Received, Clerk's Office, November 23, 2009
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., ROBERT
PRIDM AND EDWARD PRIDM'S EXPEDITED MOTION TO CHANGE THE
DECEMBER 5, 2009 PENALTY PAYMENT DEADLINE IN THE BOARD'S
NOVEMBER 5, 2009 ORDER TO A DATE AFTER DECEMBER 14, 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 23rd day
of NOVEMBER, 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
cgrant@atg.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
lL 60601
(312) 729-5067
Atty No. 44745
By
U.S. Mail and email
Bradley Halloran
Hearing
Ofiicer
Illinois Pollution Control Board
100 West Randolph, Suite 11-500
Chicago, Illinois 60601
hallorab@ipcb.state.il.us
lsi
Mark A. LaRose
One of Respondents' Attorneys
THIS FILING IS SUBMITTED ON RECYCLED PAPER.
Electronic Filing - Received, Clerk's Office, November 23, 2009