BEFORE THE ILLINOIS POLLUTION CONTROOA~c~

MA~132003

THE CITY OF

KANKAKEE,

 an Illinois

)

 STMEOF1Lur~o1S

Municipal Corporation,

 Pollution Control Board

Plaintiff,

)

NO.

 PCB 03—125

vs.

COUNTY OF KANKAKEE,

 a body politic and

corporate;

 KANKAKEE COUNTY BOARD; and

WASTE MANAGEMENT OF ILLINOIS,

 INC.,

Defendants.

PETITIONER CITY OF KANKAKEE’S DOCUMENT REQUESTS

NOW COMES Petitioner,

 CITY OF KANKAKEE,

 an Illinois Municipal

Corporation,

 by and through its attorneys,

L.

 Patrick Power and Kenneth A.

Leshen, Assistant City Attorneys, pursuant to the Rules

 of the Il1ino~s

Pollution Control Board,

 and submits the following Document Requests to

the Respondent,

 WASTE MANAGEMENT OF ILLINOIS,

 INC.

 (hereinafter,

 “WMII”)

DEFINITIONS

A.

 “WMII” refers to Waste Management of Illinois,

 Inc.,

 and its

agents,

 directors,

 officers,

 employees,

 representatives,

 attorneys,

and

all persons

 or entities who have acted or purported to act on its behalf.

B.

 “County of Kankakee” refers to the County of Kankakee and the

Kankakee County Board and their respective agents,

 employees,

attorneys,

and all persons or entities who have acted or purported to act on their

respective behalves.

C.

 “Communication” means, without limiting the generality of its

meaning, any form of communication between two or more persons,

 including,

but not limited to,

 correspondence,

 e—mails,

 conversations, phone calls,

reports,

 documents,

 and memoranda.

D.

 “Landfill Siting Application” means WMII’s Application with the

Kankakee County Board seeking approval for a new regional pollution

control facility immediately adjacent to its existing landfill located in

Kankakee County,

 Illinois, which is the subject of this matter.

E.

 “Document” means, without limiting the generality of its meaning,

writings, papers,

 or tangible things of any kind and nature whatsoever in

the possession or subject to the control of the Respondent,

 its agents,

experts,

 witnesses,

 employees or attorneys,

 including letters, handwritten

notes,

 calendar pads,

 appointment books, notepads,

 notebooks,

correspondence of any

 kind,

 postcards,

 memorandum,

 telegrams,

 telexes, e-

mails,

 internal communications of any kind,

 annual or other reports,

financial statements, billing statements,

 payment authorizations,

 canceled

checks,

 books,

 records,

 ledgers,

 journals, minutes of all meetings,

contracts,

 agreements,

 appraisals,

 analysis,

 charts,

 graphs,

 bulletins,

speeches,

 reports, data sheets,

 data tapes,

 or readable computer

interpretations thereof, computer programs,

 software or any medium

containing computer programs,

 circulars,

 pamphlets,

 notices, statements,

stenographic notes,

 surveys, microfilm, microfiche,

 tape and disk

recordings,

 photostats,

 photographs,

 drawings, transparencies,

 overlays,

periodicals,

 sketches,

 illustrations, blueprints, plans,

 and personal

interviews, wherever located, including non-final drafts

 or earlier

versions and non—identical copies of any of the above,

 and all

compilations of the foregoing,

 including binders, notebooks,

 folders and

files.

F.

 “Facility”

 shall refer to the proposed landfill which is the

subject

 of the application filed by WMII with the County of Kankakee.

G.

 “Refer or relate” means anything which directly or indirectly

concerns,

 consists

 of, pertains to,

 reflects, evidences,

 describes,

 sets

forth,

 constitutes,

 contains,

 shows, underlies,

 supports,

 or refers to

in

any way,

 or was used in the preparation of, appended to,

 legally,

logically, •or factually connected with,

 proves,

 disproves,

 or tends to

prove or disprove.

H.

 The singular and plural form shall be construed interchangeably

so as to bring within the scope of these requests any documents which

might otherwise be construed outside their

 scope.

I.

 The words

 “and” and “or” shall be construed conjunctively and

disjunctively as necessary to bring within this document request all

information that might otherwise be construed as outside their scope.

INSTRUCTIONS

1.

 Continuing Responses.

 This document request shall be deemed to

be continuing in nature and if,

 after serving your responses,

 additional

information becomes

 known or available to you that is responsive to this

document request, then you are required to reasonably supplement or amend

your responses.

2.

 Work Product or Privileges.

 With respect to each document,

 oral

statement,

 or communication which you claim is privileged or subject to

the work product doctrine,

 identify the document,

 statement or

communications to the fullest extent,

 including the date,

 maker,

and

recipient,

 the general subject matter,

 and the basis

 of the claim of

privilege or work product.

In accordance with the foregoing definitions and instructions, please

produce the following:

DOCUMENT REQUESTS

1.

 Identify and produce any and all documents,

 letters,

communications or memoranda prepared by WMII that relate or refer to the

planning, development

 or siting of the Facility.

 Please identify which of

these documents,

 letters, communications or memoranda were provided to the

County of Kankakee and when they were provided.

2.

 Identify and produce any documents,

 letter, communications or

memoranda prepared by WMII that relate or refer to the Solid Waste

Management Plan of the County of Kankakee.

 Please identify which of these

documents,

 letters, communications or memoranda were provided to the

County of Kankakee and when they were provided.

3.

 All reports,

 correspondence,

 and other documents received by WMII

(including,

 but not limited to,

 its consultants,

 attorneys and experts)

from the County of Kankakee

 (including,

 but not limited to,

its

consultants, attorneysand experts)

 regarding the planning, development,

and siting of the Facility and when they were provided.

4.

 All notes, minutes,

 and other documents of all phone calls and

meetings between WMII and the County of Kankakee, the Kankakee County

Board,

 or their agents relating to the planning, development, and siting

of the Facility.

5.

 Any and all records or documents referring or relating to

billing by the firm of Hinshaw and Culbertson to any entity whatsoever

relating or referring to the planning or siting of the Facility or to the

drafting,

 construction or interpretation of the Solid Waster Management

Plan of the County of Kankakee.

6.

 All correspondence,

 contracts or other communications between

each opinion witness or other witness and

WMII,

 (including,

 but not

limited to, its consultants,

 attorneys and experts)

 in connection with the

subject matter of this action.

7.

 All demonstrative exhibits which WMII or its agents may offer or

use at hearing.

8.

 All exhibits which WMII, orits agents may offer into evidence or

otherwise use at hearing including,

 but not limited to, documents,

summaries,

 objects,

 charts, and other

 items.

9.

 All transcripts, statements,

 articles, writings or other

documents or tangible items which WMII or its agents may use at hearing in

direct or cross-examination of any witness.

10.

 All releases, covenants or other agreements,

 promises or

understandings

 (including any document reflecting or referring to the

same)

 with respect to the subject matter of this action,

 which is not

contained in the Landfill Siting Application nor admitted into evidence at

the Kankakee County Board hearing on the Application.

11.

 Any and all documents or things

 set forth or referred to in

Respondent’s answers to interrogatories propounded by Petitioner or

identified in response to said interrogatories,

 or which Respondent or

Respondent’s counsel consulted

 in preparation of said answers.

12.

It

 is further requested that each party and/or his or its

attorney in compliance with this request for production shall furnish an

Affidavit stating whether the production is complete.

DATED:

 March

7,

 2003.

 Respectfully submitted,

BY

THE C

Kenneth

A.

 Leshen

One of Its Attorneys

PREPARED BY:

L.

 Patrick Power

Assistant City Attorney

956 North Fifth Avenue

Kankakee,

IL

60901

815/937—6937

Kenneth A. Leshen

Assistant City Attorney

One Dearborn Square,

 Suite 550

Kankakee,

IL

60901

815/933—3385

AFFIDAVIT OF SERVICE

The undersigned, pursuant

 to the provisions of Section 1-109 of the

Illinois Code of Civil Procedure,

 hereby under penalty of perjury under

the laws of the United States of America, certifies that on March

7,

 2003,

a copy of the foregoing Petitioner City of Kankakee’s Interrogatories was

served upon:

Karl Kruse,

 Chairman

Kankakee County Board

189 East Court Street

Kankakee,

IL

60901

Charles

F.

 Heisten,

 Esq.

Hinshaw

 & Culbertson

P.

0.

 Box 1389

Rockford,

IL

 61105—1389

Edward

D.

 Smith,

 State’s Attorney

c/c Brenda Gorski,

 Asst.

SA

189 East Court Street

Kankakee,

IL

60901

Kenneth A.

 Bleyer

Attorney at Law

923 West Gordon Ter.

#3

Chicago,

IL

 60613—2013

Leland Milk

6903 South Route 45—52

Chebanse,

IL

60922

Keith Runyon

1165 Plum Creek Drive

Bourbonnais,

IL

60914

Donald J.

 Moran

Attorney at Law

161 North Clark,

 Suite 3100

Chicago,

IL

60601

Bruce Clark

Kankakee County Clerk

189 East Court Street

Kankakee,

IL

60901

Jennifer

J.

 Sackett Pohlenz

 Attorney at Law

175

W.

 Jackson Blvd.,

 Ste.

1600

Chicago,

IL

60604

Patricia O’Dell

1242 Arrowhead Drive

Bourbonnais,

IL

60914

George Mueller

Attorney at Law

501 State Street

Ottawa,

IL

61350

by depositing

 a copy thereof, enclosed in an envelope in the United States

Mail at Kankakee,

 Illinois, proper postage prepaid, before the hour of

5:00 p.m.,

 addressed as above.

SU

 C IBED

D

 WORN TO b

 ore me this

7th

 day of March,

 2003.

~bl

c ~

L.

 Patrick Power

 Kenneth

A.

 Leshen

Assistant City Attorney

956 North Fifth Avenue

Kankakee,

IL

60901

815/937—6937

Assistant City Attorney

One Dearborn Square,

 Suite 550

Kankakee,

IL

60901

815/933—3385