BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
PEOPLE OF THE STATE OF ILLINOIS,
LISA MADIGAN, Attorney General
of
the State of Illinois,
Complainant,
v.
THOMAS P. MATHEWS, an individual,
Respondent.
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No. 07-133
(Enforcement-Water)
NOTICE OF FILING
TO:
James A. Campion
Campion, Curran, Dunlop
&
Lamb P.C.
8600 U.S. Highway 12, Suite 201
Crystal Lake, Illionis 60012
PLEASE TAKE NOTICE that today I have filed with the Office
of the Clerk of the
Illinois Pollution Control Board by electronic filing the following First Request for Production
of
Documents, a copy of which is attached and hereby served upon you.
Respectfully submitted,
~&eWAmlStfOIlg
Assistant Attorney General
Environmental Bureau
69
W. Washington St., 18th Floor
Chicago, Illinois 60602
312-814-0660
PEOPLE OF THE STATE OF ILLINOIS,
LISA MADIGAN,
Attorney General of the
State
of Illinois
BY:
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DATE: January 15, 2008
Electronic Filing - Received, Clerk's Office, January 15, 2008
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
PEOPLE OF THE STATE OF ILLINOIS,
LISA MADIGAN, Attorney General
of
the State of Illinois,
Complainant,
v.
THOMAS
P. MATHEWS, an individual,
Respondent.
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No. 07-133
(Enforcement-Water)
COMPLAINANT'S FIRST REQUEST FOR PRODUCTION
OF DOCUMENTS TO RESPONDENT THOMAS
P. MATHEWS
Complainant, PEOPLE OF THE STATE OF ILLINOIS, by LISA MADIGAN,
Attorney General of the State of Illinois, pursuant to pursuant to Section 101.616 of the
Illinois Pollution Control Board'sProcedural Regulations, 35 Ill. Adm. Code 101.616,
and Illinois Supreme Court Rule 214, hereby serves the following request for production
of documents upon Respondent, THOMAS P. MATHEWS, to be answered in writing,
under oath, within twenty-eight (28) days after the service
of the request.
I.
INSTRUCTIONS
1.
Respondent, Thomas P. Mathews, ("Respondent") is required, in
answering this production request, to furnish all information available to Respondent or
his employees, agents, contractors, experts, or consultants, or which is ascertainable by
reasonable inquiry, whether or not the requested information might be available from
another entity.
2.
If a production request has subparts, Respondent is required to answer
each part separately and in full.
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Electronic Filing - Received, Clerk's Office, January 15, 2008
3.
If Respondent cannot answer a production request in full, he is required to
answer
all parts of the production request to the extent possible and specify the reason for
his inability to provide additional information.
4.
As to each production request, or portion thereof, Respondent shall
identify in the answer every oral communication, document, or writing which relates to
the production request
or response, whether or not such identification is specifically
requested by the production request.
5.
In answering each production request, Respondent shall identify each
document, person, communication, or meeting which relates to, corroborates, or in any
way forms the basis for the answer given.
6.
Respondent shall make the requested documents available for inspection
and copying at the Office
of the Illinois Attorney General, 69 West Washington Street,
18th Floor, Chicago, Illinois.
7.
Pursuant to Illinois Supreme Court Rule 214, Respondent is requested to
serve upon Complainant corrected, supplemented, or augmented answers hereto and
documents
or other forms of information from whatever source, which arguably tend to
show that Respondent'sprior answers and/or production are, might be, were,
or might
have been in a sense incorrect, incomplete, potentially misleading, or less than fully
responsive
or truthful.
8.
If dates are requested, the exact date should be given if possible.
However, if the exact date cannot be determined due to absence or inadequacy of records,
the best estimate should be given as to the production request and labeled as such.
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Electronic Filing - Received, Clerk's Office, January 15, 2008
9.
In construing this production request:
a.
the singular shall include the plural and the plural shall include the
singular; and
b.
a masculine, feminine or neuter pronoun shall not exclude the
other genders.
10.
If Respondent encounters any ambiguity in construing any production
request or any definition or instruction pertaining to any production request, Respondent
shall set forth the matter deemed "ambiguous" and the construction chosen or used in
responding to the production request.
11.
In producing documents, Respondent is requested to furnish all documents
or things in its actual or constructive possession, custody, or control, or known or
available to Respondent, regardless
of whether such documents or things are possessed
directly by Respondent or by Respondent's attorneys, agents, employees, representatives
or investigators.
12.
If any requested document is not or cannot be produced in full,
Respondent shall produce it to the extent possible, indicating with particularity what
documents or portion
of any such documents is not or cannot be produced and the reason
therefor.
13.
In producing documents, Respondent is requested to produce the original
of each document requested together with all non-identical copies and drafts of that
document.
14.
All documents should be produced in the same order as they are kept or
maintained by Respondent.
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Electronic Filing - Received, Clerk's Office, January 15, 2008
15.
All documents should be produced in a file, folder, envelope, or other
container in which the documents are kept or maintained by Respondent.
If for any
reason the container cannot be produced, Respondent shall produce copies
of all labels or
other identifying markings.
16.
Documents attached to each other should not be separated.
17.
Documents not otherwise responsive to this request shall be produced
if
such documents refer to, relate to, or explain the documents called for by this request and
constitute routing slips, transmittal memoranda or letters, comments, evaluations, or
similar documents.
18.
Each document request should be construed and responded to
independently from each other request. The scope
of any requests should not be
construed to limit or narrow the scope
of any other request.
19.
This discovery is deemed continuing, necessitating supplemental answers
by Respondent, or anyone acting
on his behalf, when or if they obtain additional
information which supplements or alters the answers
now provided.
20.
Respondent shall furnish an affidavit stating whether the production is
complete in accordance with the request and in accordance with Supreme Court Rule
214.
21.
Unless otherwise indicated, these Requests to Produce refer to the time
period from January
1,2005 through the date of this filing.
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Electronic Filing - Received, Clerk's Office, January 15, 2008
II.
CLAIMS OF PRIVILEGE
1.
With respect to any interrogatory which Respondent refuses to answer on
a claim
of privilege, Respondent shall provide a statement signed by an attorney
representing Respondent setting forth for each such assertion
of privilege:
a.
the name and job title of every person involved in the conversation
or communication;
b.
the nature
of the information disclosed;
c.
all facts relied upon in support of the claim of privilege;
d.
all documents related to the claim of privilege;
e.
all events, transactions, or occurrences related to the claim of
privilege;
f.
the statute, rule, or decision which is claimed to give rise to the
privilege or the reason for its unavailability.
2.
If the objection relates to only Peu:t of an interrogatory, the balance ofthe
interrogatory should be answered in full.
III.
DEFINITIONS
1.
"Communication" shall mean, without limitation, any and all forms of
transferring information, including discussions, conversations, meetings, conferences,
interviews, negotiations, agreements, understandings, inquiries, correspondence,
documents, or other transfers
of information whether written or oral or by any other
means, and includes any document which abstracts, digests, transcribes or records any
communication.
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Electronic Filing - Received, Clerk's Office, January 15, 2008
2.
"Complainant" shall mean the Complainant listed in the Complaint, the
State
of Illinois, and any of its agents, representatives, or persons who acted as
Complainant's representative.
3.
"Complaint" shall mean the Complaint filed on June 8, 2007 in People v.
Mathews (07-PCB-133).
4.
"Respondent" shall mean Thomas P. Mathews and any
of Respondent's
employees, agents, representatives, successors, or assigns, or any other person acting
or
believed by Respondent to have acted on his behalf.
5.
"Document" shall be construed in its customary broad sense in accordance
with Supreme Court Rules 213(e) and 214 and shall include, but is not limited to, the
original and any non-identical copy, whether different from the original because
of notes
made
on said copy or otherwise, or any agreement bank record or statement; book of
account, including any ledges, sub-ledger, journal, or sub-journal; brochure; calendar;
chart; check; circular; communication (intra- or inter-company
or governmental entity or
agency or agencies); contract; copy; correspondence; diary; draft of any document;
graph; index; instruction; instruction manual or sheet; invoice
job requisition; letter;
license; manifest; manual; memorandum; minutes; newspaper or other clipping; note;
note book; opinion; pamphlet, paper; periodical or other publication; photograph; print;
receipt; record; recording report; statement; study; summary, including any
memorandum, minutes, note record, or summary
of any (a) telephone, videophone, or
intercom conversation or message, (b) personal conversation or interview, or (c) meeting
or'conference; telegram; telephone log; travel or expense record; voucher; worksheet or
working paper; writing; any other handwritten, printed, reproduced, recorded,
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Electronic Filing - Received, Clerk's Office, January 15, 2008
typewritten, or otherwise produced graphic material from which the information inquired
of may be obtained, or any other documentary material of any nature, in the possession,
custody
or control of Respondent.
6.
"Illinois EPA" shall mean the Illinois Environmental Protection Agency.
7.
"Knowledge" shall mean first hand information and/or information
derived from any other source, including hearsay.
8.
"MCSWCD" shall mean the McHenry County Soil and Water
Conservation District.
9.
The terms "or" and "and" in this First Request for Production of
Documents, Objects, and Tangible Things shall be construed either disjunctively or
conjunctively so as to elicit any facts or information which might otherwise be construed.
as outside its scope.
10.
"Person" shall include, but is not limited to, any natural person; business
or corporation, whether for profit or not, whether currently dissolved, or not; firm,
partnership, or other non-corporate business organization; charitable, religious, education,
governmental,
or other non-profit institution, foundation, body, or other organization; or
employee, agent, or representative of any of the foregoing.
11.
"Present" shall mean as
of the filing date of this First Request for
Production
of Documents, Objects, and Tangible Things.
12.
"Related to"
or "relating to" shall mean anything which, directly or
indirectly, concerns, consists of, pertains to, reflects, evidences, describes, sets forth,
constitutes, contains, shows, underlies, supports, refers to in any way, is or was used in
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Electronic Filing - Received, Clerk's Office, January 15, 2008
the preparation of, is appended to, is legally, logically or factually connected with,
proves, disproves, or tends to prove or disprove.
13.
"Relied upon" shall mean being or having been depended upon or referred
to or being or having been arguably appropriate for such reliance.
14.
"The Site" shall encompass all contiguous parcels of property owned by
Respondent at the intersection of Westmoor Drive and East Oakwood Drive in Wonder
Lake, McHenry County, Illinois, including, but not necessarily limited to, parcels owned
by Respondent with the Permanent Property Index numbers ("PIN numbers") of 09-18-
452-007, -008, -009, -010, -011, -012, -013, -014, -015, -016, -017, -018, -019 and 09-18-
456-001, -002, -003, -004.
15.
"Watercourse" shall mean any watercourse-including, but not limited to,
any ditches-through which water flows.either permanently or intermittently, and that
lies either on or within twenty (20) yards distance from the Site
16.
All terms not specifically defined herein shall have their logical ordinary
meaning, unless such terms are defined in the Act or the regulations promulgated under
the Act, in which case the appropriate or regulatory definitions shall apply.
REQUEST FOR PRODUCTION OF DOCUMENTS
1.
Any and all documents relating to or supporting Respondent's answers to
each and everyone of Complainant's First Set ofInterrogatories, any and all documents
identified by Respondent in the course
of answering each and everyone of the
Complainant'sFirst Set ofInterrogatories, and any and all documents consulted,
reviewed, or relied by upon by Respondent in order to answer each and every
of the
Complainant's First Set
of Interrogatories
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Electronic Filing - Received, Clerk's Office, January 15, 2008
2.
Any documents relating to or supporting Respondent's admissions or
denials contained in his Answer to the Complaint and in his Response to Complainant's
First Request for Admission
of Facts and Genuineness of Documents, and any and all
documents consulted, reviewed, or relied upon in order
to answer each and everyone of
the allegations in the Complaint and Complainant's First Request for Admission of Facts
and Genuineness
of Documents.
3.
All reports, including drafts, prepared by any witness in conjunction with
his or her testimony; all documents that each witness relied upon in forming his/her
opinion or upon which he or she intends
to reply; and the resume or other documents
relating to the qualification and experience
of each opinion witness.
4.
All documents which are in the possession of any consulting expert
retained by Respondent and which relate to the issues involved in the litigation.
5.
All maps depicting or relating to the Site.
6.
All maps depicting or relating to any watercourse.
7.
All documents relating to any man-made deposit of soil and stone at the
Site, including, but not limited to, all financial records relating to such deposits.
8.
All documents relating to any physical measures, including, but not
limited to, silt fencing and vegetation, installed by Respondent, or caused to be Installed
by Respondent, and intended to prevent soil, stone, and/or silt-laden stormwater from
falling into any watercourse, including, but not limited to, all financial records relating to
such physical measures.
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Electronic Filing - Received, Clerk's Office, January 15, 2008
9.
All documents relating to any and all actions taken by Respondent to
investigate the possibility that soil, stone, and/or silt-laden storm water could fall from
the Site into any watercourse, including all financial records relating to such actions.
10.
All documents which are related to the violations alleged in the
Complaint, and that refute charges made in the Complaint.
11.
All documents relating to any concerns expressed and/or complaints made
by and from any person concerning the entry, or potential entry,
of any soil, stone, and/or
silt-laden stormwater from the Site into any watercourse.
12.
All documents that Respondent intends to offer into evidence at trial.
13.
All documents relating any communication between Respondent and any
third party, including, but not limited to, Illinois EPA, the United States Army Corps
of
Engineers, the MCSWCD, the McHenry County Planning and Development Department,
and the Village
of Lake Wonder, relating to the entry, or potential entry, of any soil,
stone, and/or silt-laden stormwater from the Site into any watercourse.
Respectfully submitted,
PEOPLE OF THE STATE OF ILLINOIS,
LISA MADIGAN,
Attorney General
of the
State of Illinois
MATTHEW
J. DUNN, Chief
Environmental Enforcement!
Asbestos Litigation Division
ROSEMARIE CAZEAU,
Chi~f
Environmental Bureau
Assistant Attorney General
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Electronic Filing - Received, Clerk's Office, January 15, 2008
By:
ANDREW ARMSTRONG
Assistant Attorney General
Environmental Bureau
69 West Washington Street, 18th Floor
Chicago, Illinois 60602
(312) 814-0660
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Electronic Filing - Received, Clerk's Office, January 15, 2008
CERTIFICATE OF SERVICE
I, ANDREW ARMSTRONG, an Assistant Attorney General, do certify that I caused to
be served this 15th day
of January, 2008, the foregoing Notice of Filing and First Request for
Production
of Documents upon the persons listed on said Notice of Filing by placing true and
correct copies
of each in an envelope, first class postage prepaid, and depositing same with the
United States Postal Service at 69 West Washington Street, Chicago, Illinois, at or before the
hour
of 5:00 p.m.
A
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DREW ARMSTRONG
Electronic Filing - Received, Clerk's Office, January 15, 2008