BEFORE THE ILLINOIS POLLUTION CONTROL BOARD

C!.

PEOPLE OF THE STATE OF ILLINOIS, )

Complainant,                     

S~p1 ~ 2003

STATE

OF~~

)

No.

PCB

-5f°//utfo~

trolBoard

DRAW DRAPE CLEANERS, INC.,

an Illinois corporation,

Respondent.

NOTICE OF FILING

TO: See Attached Service List

PLEASE TAKE NOTICE that on September 19, 2003, the People of

the State of Illinois filed with the Illinois Pollution Control

Board COMPLAINANT’S SECOND SET OF INTERROGATORIES ON RESPONDENT

DRAW DRAPE CLEANERS, INC, true and correct copies of which are

attached and hereby served upon you.

Respectfully submitted,

LISA 

MADIGAN

Attorney General

State of Illinois

BY:

________

JOEL J. STERNSTEIN

Assistant Attorney General

Environmental Bureau

188 W. Randolph St., 20th Floor

Chicago, Illinois 60601

(312) 814-6986

THIS FILING IS SUBMITTED ON RECYCLED PAPER

SERVICE LIST

Mr. Bradley Halloran, Esq.

ILlinois Pollution Control Board

100 W. Randolph Street, Suite 11-500

Chicago, Illinois 60601

Ms. Maureen Wozniak, Esq.

IllinoiS Environmental Protection Agency

1021 North Grand Avenue East

P.O. 

BOX

19276

springfield, Illinois 62702

Ms. Michele Rocawich, Esq.

Weissberg and Associates, Ltd.

401 S. LaSalle Street, Suite 403

Chicago, Illinois 60605

RECE~VED

BEFORE THE ILLINOIS POLLUTION CONTROL BOARD,LFPK’S OFFICE

PEOPLE OF THE STATE OF ILLINOIS, )                                

SEP 19 2003

Complainant;

STATEOFILLINOIS

Pollution

Control

Board

)

No. PCB 03-51

(Enforcement 

Air)

DRAW DRAPE CLEANERS, INC.,

an Illinois corporation,

Respondent.

COMPLAINANT’S SECOND SET OF INTERROGATORIES

ON RESPONDENT DRAW DRAPE CLEANERS, INC.

Complainant, PEOPLE OF THE STATE OF ILLINOIS, by LISA

MADIGAN, Attorney General of the State of Illinois, pursuant to

Supreme Court Rule 213, Section 101.616 of the Board’s Procedural

Regulations, and the August 27, 2003 Hearing Officer Order in

this matter, requests that Respondent DRAW DRAPE CLEANERS, INC.

answer in writing, under oath, by October 10, 2003, the following

interrogatories. Respondent is reminded of its duty to update

its Responses to Complainant’s First Set of Interrogatories

pursuant to Illinois Supreme Court Rules 201(k) and 213:

I.  INSTRUCTIONS

1.  Respondent is required, in answering these

interrogatories to furnish all information available to

Respondent or its 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 an interrogatory has subparts, Respondent is

required to answer each part separately and in full.

3.  If Respondent cannot answer an interrogatory in

full, it is required to answer all parts of the interrogatory to

1

the extent possible and specify the reason for its inability to

provide additional information.

4.  As to each interrogatory, or portion thereof, identify

in the answer every oral communication, document or writing which

relates to the interrogatory or response, whether or not such

identification

is specifically requested by the interrogatory.

5.  In answering each interrogatory, identify each

document, person, communication or meeting which relates to,

corroborates, or in any way forms the basis for the answer given.

6.  If Respondent answers an interrogatory by producing

documents (see Illinois Supreme Court Rule 213(e)) Respondent

shall make the requested documents available for inspection and

copying at the Office of the Illinois Attorney General,

Environmental Bureau, 188 West Randolph Street, ~ Floor,

Chicago, Illinois.

7.  Pursuant to Illinois Supreme Court Rule 213(e),

Respondent is requested to serve upon Plaintiff corrected,

supplemented or augmented answers hereto, documents or other

forms of information from whatever source, which arguably tends

to show that Respondent’s prior answers are, might be, ‘were or

might have been in a sense incorrect, incomplete, potentially

misleading or less than fully responsive or truthful.

8.  Respondent shall supplement its answers and

responses as new information and documents become available.

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 interrogatory and labeled as such.

10. In construing these interrogatories:

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.

11.

If you encounter any ambiguity in construing any

interrogatory or any definition or instruction pertaining to any

interrogatory, set forth the matter deemed “ambiguous” and the

construction chosen or used in responding to the interrogatory.

2

12. In producing documents in response to an interrogatory

(See Illinois Supreme Court Rule 213(e)), you are requested to

furnish all documents or things in your actual or constructive

possession, custody or control, or known or available to you,

regardless of whether such documents or things are possessed

directly by you or by your attorneys, agents, employees,

representatives or investigators.

13. This discovery is deemed continuing, necessitating

supplemental answers by Respondent, or anyone acting on its

behalf, when or if they obtain additional information which

supplements or alters the answers now provided.

II. CLAIMS OF PRIVILEGE

1.  With respect to any interrogatory which Respondent

refuses to answer on a claim of privilege, provide a statement

signed by an attorney representing Respondent setting forth for

each such assertion of privilege:

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 part of an

interrogatory,

the balance of the interrogatory should be

answered in full.

III. ‘DEFINITIONS  

‘

“Respondent” shall mean DRAW DRAPE, INC. and any of

Respondent’s employees, agents, representatives, successors or

assigns, or any other person acting or believed by Respondent to

have acted on their behalf.

3

2. “Document” shall be construed in its customary broad

sense 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, 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.

3. “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.

4. “Facility” shall mean the property located 2235-2239

West Roscoe Street, Chicago, Cook County, Illinois, 60618 as

referenced inparagraph 4 Count I of the complaint.

5. “Identification” or “identify” shall mean:

a.  As to an individual, stating his or her:

i.  full and customarily used names;

ii. present business and residence addresses;

iii. business, or profession during the relevant

time period;

iv. every office, title, or position held during

the relevant time period; and

v. every employer during the relevant time

period.

b.  As to any person other than an individual,

stating:

i.  its legal name and any other name used by it;

ii. the form or manner of its organization (e.g.

partnership, corporation, etc.); and

iii. the state of its incorporation (if it is

incorporated) and the address of its

principal place of business.

c.  As to any event, incident, conversation,

transaction or occurrence, stating:

i.  the date’;

ii. the place where it took place and the manner

of its occurrence;

iii. identification of all the participants;

iv. its purpose and subject matter; and

v. a description of what transpired.

6. “Person” shall include, but is not limited to, any

natural person; business or corporation, whether for profit 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.

7. “Or” shall mean and/or wherever appropriate.

8. “Related to” or “relating to” or “in relation 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 the preparation of, is appended to, is

legally logically or factually connected with, proves,

disproves, or tends to prove or disprove.

9. “Relied upon” shall mean being or having been depended

upon or referred to or being or having been arguably appropriate

for such ‘reliance.

10. The term “knowledge” means first hand information

and/or information derived from any other source, including

hearsay.

11. “Illinois EPA” means the Illinois Environmental

Protection Agency.

12. “FESOP” shall mean Federally Enforceable State

Operating Permit.

13. “VOM” shall mean volatile organic material or volatile

organic compound.

14. “Board” shall mean the Illinois Pollution Control

Board.

15. “Dryer 

#1TI 

shall mean the Dryer installed at the

facility prior to 1981 that is still in operation at the

facility.

16. “Dryer #2” shall mean the Dryer installed at the

facility in 1996.

17. “Current” or “Present” means the filing date of these

Requests for Admissions of Facts.

18. All terms not specifically defined herein shall have

their logical ordinary meaning, unless such terms are defined in

the Act or the regulations promulgated thereunder, in which case

the appropriate or regulatory definitions shall apply.

IV. INTERROGATORIES

Interrogatory No. 1:

Please provide a detailed list of all duties for the following

persons with respect to the ownership and operation of Draw Drape

Cleaners, Inc. and American Drapery Cleaners & Flameproof ers,

Inc. at all times relevant to the Complaint in this matter. Such

duties include but are not limited to: the installation of Dryer

#1 and Dryer #2, the operation of Dryer #1 and Dryer #2, and the

testing of Dryer #1 and Dryer #2.

a)  Richard Zell

b)  Steven Press

c)  Audrey Press

ANSWER:

Interrogatory No. 2:

List all owners, operators, managers, employees and/or

consultants for Draw Drape Cleaners Inc. and American Drapery

Cleaners & Flameproofers, Inc. who had dealings with or conferred

with or corresponded or met with government regulators

(including, but not limited to, the Attorney General’s Office,

ILLinois EPA, the City of Chicago, and the U.S. Environmental

Protection Agency) in all matters related to the Complaint,

1n2iudlng

the application for a FESOP for Draw Drape Cleaners.

ANSWER:

7

Interrogatory No. 3:

For the owners, operators, managers, employees and/or consultants

named in Interrogatory No. 2, provide a detailed listing of the

activities and duties that each of those persons performed in

their dealings with or conferring with or corresponding with or

meetings with government regulators.

ANSWER:

Interrogatory No. 4:

Identify all of the corporate officers of Draw Drape Cleaners,

Inc. and American Drapery Cleaners & Flameproofers, Inc. from

1996 to the present, including the officers full legal names,

position(s)and/or title(s) on the corporations’ Board, per cent

ownership in the corporation, social security numbers, and

current or last 

known

addresses.

ANSWER:

Interrogatory No. 5:

Has Draw Drape Cleaners, Inc., American Drapery Cleaners &

Flameproofers, Inc., Richard Zell, Steven Press, or Audrey Press

filed for bankruptcy since 1996? If so, provide the Court where

bankruptcy was filed, the case, number, and the amount of

liability discharged.

ANSWER:

8

Respondent shall certify these answers pursuant to the

requirements of Illinois Supreme Court Rule 213 (d).

Respectfully submitted,

PEOPLE OF THE STATE OF ILLINOIS,

ex rel.

LISA 

MADIGAN,

Attorney General of the

State of Illinois

MATTHEW J. DUNN,

Chief

Environmental Enforcement/

Asbestos Litigation Division

ROSEMARIE

CAZEAU, Chief

Environmental Bureau

Assistant Attorney General

By:

________

JO~tJ. STERNSTEIN

Assistant’Attorney General

Environmental Bureau

188 W. Randolph St. 20th Fl.

Chicago, Illinois 60601

(312) 814-6986

H:\cornmon\Environmental’JOEL\Case Documents\Draw Drape\Discovery\interrogatories-2.wpd

CERTIFICATE OF SERVICE

I, ‘JOEL J. STERNSTEIN, an Assistant Attorney General,

certify that on the 19th day of September, 2003, I caused to be

served by First Class Mail the foregoing COMPLAINANT’S SECOND SET

OF INTERROGATORIES ON RESPONDENT DRAW DRAPE CLEANERS, INC to the

parties named on the attached service list, by depositing same in

postage prepaid envelopes with t’he United States Postal Service

located at 100 West Randolph Street, Chicago, Illinois 60601.

JOEL J. STERNSTEIN

i~t~