Querrey ~ Harrow

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65448-POH

BEFORE

THE

ILLINOIS POLLUTION CONTROL

______________________________________

MICHAEL

WATSON,

CL~R!~S_tit~~HCE

MAY

2 2003

Petitioner,

No. PCB 03-134

STATE OF ILLINOIS

Pollution

Control Board

vs.

(Pollution Control Facility Siting Appeal)

COUNTY BOARD OF KANKAXEE COUNTY, Consolidated With PCB 03-125, 03-133,

ILLINOIS, and WASTE MANAGEMENT OF

03-135)

ILLINOIS, INC.,

Respondent.

LIST OF WITNESSES TO TESTIFY AT THE PUBLIC

HEARING

Now Comes Petitioner Michael Watson, by and through his attorneys at Querrey &

Harrow, Ltd. and as and for List ofWitnesses to Testify at Trial, states as follows:

1. Petitioner Watson has subpoenaed the following two witnesses to testify at the

public hearing on May 6, 2002, starting at 1:00 p.m.:

Saundra Listenbee

Mary Ann Powers

2. Petitioner Watson has been given leave to serve written questions on Effraim Gill.

In li~uof testimony at public hearing, and to be determined after Petitioner has an opportunity

to review the answers to such questions served on Mr. Gill, Petitioner requests the parties

stipulate that the questions and Mr. Gill’s answers be submitted as his testimony at the public

hearing.

Petitioner Watson seeks to have the following people produced at the public hearing

by Waste Management of Illinois, Inc. (WMII). (Please consider this a S.Ct. Rule 237 notice,

IfWMII contends that the named persons below are “witnesses” opposed to parties, and

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Illinois Pollution Control Board Rule 101.662(a) applies, it is requested that WMII (a) so

inform counsel for Petitioner Watson immediately, and inform Petitioner whether WMII will

object to produce the following people, (b) inform Petitioner Watson whether WMII will

accept service of subpoenas through counsel Moran or, if WMII will not, without waiving

Petitioner’s objection to such a circumstance, that WMII then provide the business and home

addresses of the following people for service purposes):

Lee Addleinarm’

Dale Floekstra

4. PetitionerDonaldWatsonMoran2seeks to have the following people produced at the public hearing

by the County Board and County of Kankakee (collectively County). (Please consider this a

S.Ct. Rule 237 notice. If the County contends that the named persons below are “witnesses”

opposed to parties, and Illinois Pollution Control Board Rule 101.662(a) applies, it is requested

that County (a) so inform counsel for Petitioner Watson immediately, and inform counsel fo

Petitioner Watson whether the County will object to produce the following people, (b) inform

Petitioner Watson whether the County will accept service of subpoenas through counsel or, if

On April 30, 2003, i-he Hearing Officer granted Waste Management of Illinois, Inc’s (WMH) objections to

producing Mr Addleman for deposition. However, WMII failed to provide through affidavit or verified medical

statement a medical reason why Mr. Addleman

cannot

be deposed or provide testimony

Further, WMII’s

cowisels representations concerning Mr. Addleman’s health condition had no obvious connection to Mr.

Addleman’s mental capacity. Without waiving Petitioner’s objection to the April 30, 2003 and any subsequent

rulings on this issue, Petitioner respectfully seeks, in the alternative to have Mr Addleman appear to testify, the

evidence dcposition of Mr. Addleman. If the evidence deposition is to be denied (without waiving its objections),

Petitioner seeks leave to submit written questions to Mr. Addlemann, to be answered and certified by Mr.

Addl~mannand which will be admissible as if it were his testimony at the public hearing.

The Ilearin.g Officer likewise ruled on April 30, 2003, with respect to the discovery deposition of Mr. Moran

and on May 1, 2003, with respect to the ~uJe 237 notice of Mr. Moran. Petitioner reserves his objections to this

ruling and reiterates his response to objections to the discovery deposition of this individual that since Mr. Moan

and Ms. Harvey were the only two people identified as being involved in their conversations occurring, ex parE~,

during January 2003, and prior to the County’s decision on January 31, 2003, they are the only source for

information concerning the exact substance of that communication.

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the County will not, without waiving Petitioner’s objection to such a circumstance, that the

County then provide the business and home addresses of the following people for service

purposes):

Stan James (County Board Member)

Bruce Clark (County Clerk)

Karl Kruse (County Board Chairman)

Elmer Wilson (County Board Member)

Chris Richardson (County employee)

Juanita Baker (by deposition transcript, if so stipulated by the parties)

Mike VanMill (County employee)

Doug Graves (County Board Member)

Leo Whitten (County Board Member)

Effraim Gill (former County employee)

Sharkey Martin (by deposition transcript, if so stipulated by the parties)

Chris Berger (County consultant)

Pam Lee (County Board Member and Vice Chairperson)

George Washington, Jr. (County Board Member)

Wes Wiseman (County Board Member)

Elizabeth

Additionally,HarveyPetitioner(Special

AssistantWatson

mayState’sseekAttorney)to present3 testimony of the following

people (reserving his right to not call such people):

Daniel Hartweg:

(without waiving attorney-client confidence or work~product

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privilege) on the limited matter ofhis affidavit contained in the

Record on Appeal. Unless there are no objections to producing

his affidavit in lieu of his testimony at hearing.

6. Petitioner Watson requests the Parties to identify which, if any, of the above

referenced individuals who have been deposed, a Party would object to a stipulation to submit

the person’s deposition testimony in lieu of testimony at the public hearing, as additional

persons may be requested to testify at hearing through submittal of their discovety deposition,

once that deposition transcript is received and reviewed by counsel for Petitioner.

7. Petitioner reserves his right to present additional witnesses in rebuttal.

Dated: May 2, 2003

PETITIONER MICHAEL WATSON

Jennifer J. Sackett Pohlenz

QUERREY & HARROW,

LTD.

175

West Jackson Boulevard, Suite 1600

Chicago, Illinois 60604

(312)

540-7000

Attorney Registration No.

6225990

Attorneys for Petitioner Michael Watson

~See,

nOte 2, above.

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Querrey ~ Harrow

Querrey 8~Harrow,

Ltd.

175 West Jackson Boulevard

Suite 1600

Chicago. IL. 60604-2827

TEL (312)540-7000

FAX (312)540-0578

Jenaife~

Sackett Pohlenz

Direct

Dial: (312) S40-7540

E-niail~~

amer Offic~y.

Ciy~ta1Lake, IL

Joliet, IL

Metriliville, IN

New York, NY

Waukegan, U_

Whcatou,

Represeniative

U.K. Office:

London

FAX TRANSMISSION SHEET

DATE:

Maya, 2003

TO:

NAME

COMPANY:

Bradley Halloran

IPCB

Donald Moran

Pedersen & Houpt

Kenneth A. Leshen

George Mueller

L. Patrick Power

Elizabeth S. Harvey / Swanson, Martin & Bell

Richard Porter / Hinshaw & Culbertson

Keith Runyon

FAX NUMBER:

(312) 814-3669

(312) 261-1149

(815)

933-3397

(815)

433-4913

(815) 937-0056

(312)

321-0990

(815)

490-4901

(815)

937-9164

FROM:

USER NO.:

Jennifer J. Sackett Pohlenz

9328

CMR NO.:

65448

NUMBER OF PAGES BEING SENT (INCLUDING COVER SHEET):

IF YOU

HAVE ANY

DIFFICULTY IN RECEIVING THIS TRANSMISSION

PLEASE CALL 312-540-7065 IMMEDIATELY

REIURN

TO:

P011

SENT BY:

Please see enclosed List ofWitnesses to Testify at the Public Hearing

The information contained in this facsimile communication is attorney privileged and confidential information

intended only for the use of the individual or entity to whom or to which it is addressed. If the recipicnt of this

franslnission is not

the

intended recipient, the recipient is hereby notified that any dissemination, distribution, ~r

reproduction ofthis communication is strictly prohibited. Ifyou have received this communication in error, pleate

noti~rQUE1U~EY& IL&RROW,

LTD.

at the above telephone number and return the communication to

QUT1~RREY&

HARROW,

LTD. atthe above address via the U.S. Postal Service. Thank you.