MA~r’8?

‘83 16:21 FR SLdRNSON MARTIN BELL 312 321 0998 TO 8143669

P. 02/16

01 98-001

ILLINOIS POLLUTION CONTROL BOARD

CITY OF KANKAKEE,

)

V.

Petitioner,

COUNTY OF KANKAKEE, COUNTY

BOARD OF KANKAKEE, and WASTE

MANAGEMENT OF ILLINOIS, INC.

Respondents.

RECEIVED

CLERK’S OFFICE

MP~Y 0 7 2003

STATE OF ILUNOIS

)

PCB

03125

Pollution Control Board

)

PCB 03-133

PCB 03-1 34

FOB 03-1 35

(consolidated)

(Pollution Control Facility Siting Appeals)

)

)

)

)

)

)

)

To:

(See attached Service List.)

NOTICE OF MAiLING

PLEASE TAKE NOTICE that on this 7th day of May 2003, the following

Mr. Gil’s

Responses

to

Watson’s Written

Questions,

attached hereto, were mailed to you.

Elizabeth S. Harvey

SWANSON, MARTIN & BELL

One IBM Plaza, Suite 2900

330 North Wabash Avenue

Chicago, Illinois 60611

Telephone: (312) 321-9100

Firm ID. No. 29558

COUNTY OF KANKAKEE and

COUNTY BOARD OF KANKAKEE

By:

---

lAY

87 ‘03 16:21 FR

S~JANSDNMARTIN

BELL 312 321 0990 TO 8143669

P.83/16

CERTIFICATE OF

SERVR~E

I, the undersigned non-attorney, state that I served copies ofthe described documents in the

above-captioned matter via facsimile arid U.S. Mail to all those listed on the service list on May 7,

2003.

•

/t~Z~

J nette M. PodJin

7~.

x

Under penalties as provided by law

pursuarif to 735 !LCS

5/1-109, I

certify

that the st~fenieritsset forth herein

are true and correct.

---

MAY 87 ‘03 16:21 FR

SWANSON

MARTIN BELL 312 321 0990 TO 8143669

P.04/16

—

•Ma.y-OG-03 O1:17p Gil

ar~d

A~sociate~

Ir~.

7O~ ~47-~6~

1.

2.

1989

4.

5..

5.

Yes, as

a fact-finder

7.

8.

Do

9.

10,

11.

N/a

12.

Do not

recall

13.

14.

IS.

16.

N/a

17.

No,

that

is not

my understanding. I

did

not

serve

in

any negotiating

capacity; my

role was limited to fact-finding

18,

19.

when, I communicated during that time period were Dale Hokstra and

Lee Edelman.

M~Y86 ‘83 ~5:5~

PAGE.83

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MAY 07 ‘03 16:21 FR SWANSON MARTIN BELL 312 :21 0990 TO 8143669

P.05/16

—

l~O04

May-06-03

01:17P

Gil ~r~d ~zso~iat~

I~-ic~

708 747-8653

20.

Do not remember whether or

not

21.

22.

Do not

23.

24.

25

26.

27.

28.

29.

30.

31.

32. See#3labove

33.

See

#31

34.

35.

Don’t know

36.

See

#31

7.

Unclear question

38.

39.

Ne

M~Y06 ‘83 15:58

PAGEO4

---

MR~(87’~3l6:2lFR SWANSON MARTIN BELL 312 321 0990 TO 8143669

P.06/16

M0~-Q~ 01:17P cii

am4 A$~o~jat~ Ir~.

40.

41

42.

43.

retirement process.

44..

See above #43. Regarding the subject matter, a

variety

of subject

matters

relating to

years

of

service

45.

Home. Recently discharged from hospital after suffering a diabetic

attack

and stroke. Am currently under doctor’s care for diabetes, post-

stroke condition and cn~oing

heart

.46.

Yes

47.

No, other

than

for

non-stressful

activities.

48.

No

____________

Signed_________________

Efraim

Gil

~

Signed.~J

~LLA

I~~Enid

Lucchesi

Gil

MAY 06 ‘0~ 13:58

PAI3E.05

---

MAY 07 ‘03 16:22 FR

SWANSON

MARTIN BELL 312 321 0990 TO 8143669

P.07/16

~

~Jbd

~

9~

~

~

~12 :52~~9~Ø ~

~‘.

~

VERJFI(~AT19~

Under the penalties as provided by law pursuant to Section 1-109 of the

Code of Civil Procedure, the undersigned certiflea that the statements set forth in

my answers to written questions are true and correct.

Date:_______ ______,

2003.

Signed: ~

mGri

~

Date: 41~7/c~ 2003.

.

Withess signature:

(L~A

~Z~.&~Lij2~

&f

--

Witness printed name:

(,Li,..D

2-~-A~,

6-~’J

*~

TOT~L

PAI~.02

)1~’~

---

MAY 07 ‘03 16:22

--

FR

‘‘‘SL~~’\1~J

SWANSON MARTIN BELL

~H~Uu

3121~FL~@321 0990~78TO 8143669TO

02~T~ 448808~1~P.08/16P.~

Instructions: You are to review and respond to the following questions without the help of

anyone else

and

without conferring with your attorney or the attorney for the County, County

Board, or any other entity. You must sign you answers to the questions in thc space provided

below, under oath and

under

penalty to perjury.

Please pnnt your nanie:

1.

Have you been employed by or with the County of

Kankakee,

either on an individual or a

contractual basis?

2. During what year did you start your employment or contractual relationship with the

County of

Kankakee?

3.

During what year did you end your employment or contractual relationship with the

County ofKankakee?

4.

Were

you

involved in the ncgotiation of the host agreement for the proposed Kankakee

County Landfill expansion, between thc County of Kankakee and Waste Management of

Illinois, Inc.?

—_

5. What was your role in the negotiations?

---

MAY 07

‘03 16:22 FR

SWANSON MARTIN

~

BELL

~H~’JW

312

1b~L4~

321 0990

8~7a

TO 8143669

TO 0~475S~~18

P.09/16

P.83

6.. Did you mcct or confer or communicate in a~iyway with Waste Management of Illinois,

Inc. or its representatives in 2000 concerning the host agreement for the proposed landfill

expansion?

—_

7. If your answer is “Yes,” to Question 6, above, approximately how many times?

8. If you answer is “Yes,” to Question 6, above, were County Board Members present?

9. Did you meet or confer or ecimrnunicate in any way with Waste Management

of

Illinois,

Inc. or its representatives in 2001, but before November

2001,

concernmg the host

agreement

for

thc proposed landfill expansion?

10.

If your answer is “Yes)” to Question 9, above, approximately how many times?

IL If you answer is “Yes,” to Question 9, above, were County Board Members present?

2

---

MAY

07 ‘03 16:22 FR

SWANSON MARTIN

BELL 312 321 0990 10 8143669

P.10/16

--

~~VW

LL~

ubi’8 TO

~7S448000~ig

~

12. Did one of the meetings between you, Waste Management of Illinois, Inc. representatives,

and County Board Members take place, during 2001 and before November 2001, at the

Settler’s 11111 Landfill?

-

13. Chris Rubak, from Waste Management of Illinois, Inc. was present at the ineetin,g

described in Question 12, correct?

14. What did Chris Rubak talk about atthe meeting?

15. Which County BoardMembers were present at.the meeting referenced in Question 12’?

-a

—

16. Which Waste Management of Illinois, Inc. representatives were present at the meeting

referenced in Question No.12?

17. In 2001, before November 2001, is

it

your understanding that there was a group, but not

an official committee, ~f County Board Members who were working with you in

negotiating the host agreement for the proposed landfjll expansion? If so, who were they:

—

3

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MAY 07 ‘03 16:22 FR SWANSON MARTIN BELL 312 321 0990 10 8143669

P.11/16

I

I’~

~1U~.I~r~)

~HI~’JW 1bbL4~ E1576 TO O247~6544B@B@~18 P.05

1~.Is it

your

understanding

that in November 2001, this unofficial

group of County Board

Members

was officially formed

into a

committee?

19.

With

who did you meet, confer or communicate with in any

way,

from Waste

Mana~emcntof Illinois, Inc., during 2001 (the entire year) concerning the host agreement

for the proposed

expansion?

20. With who did you meet, confer or communicate with in any way from Waste Management

of Illinois, Inc.5 during 2002 (the cutire year) and, approximately when did those

-

communications

take place (month or season, to

the best~ofyour

recollection)?

21. With what frequency did you

communicate

with

the

County Board Members from March

2002 to January 31, 2003, concerning

the proposed landfill expansion

andlor

siting

application?

22. DC! you explain, communicate, meet or confer with any County Board Member after

the

first siting application

was withdrawn by Waste Management of Illinois. Inc. to explain

why

it was withdrawn?

23. After

the

first siring application was withdrawn by Waste

Management of Illinois, Inc.,

did you explaIn, communicate, meet or confer with any County Board Member

concerning any portion of Waste Management of Illinois, Inc.’s siring proposal?

4

---

MAY

07

‘03 16:23 FR SWANSON MARTIN BELL

.~•

312 321 0990

TO 8143669

~P~’4(LJbDft~~jU

P.12/16~-~.O6

-a

24.

Did

you have input, prior to Waste Management of Illinois, Inc.’s filing its siting

application, concerning the design, location or operation of the proposed

landfill

expansion?

25.

If you answered Question 24 affirmatively, please describe

your input.

26. Between March 2002 and January

31, 2003, did you

call, meet with, confer, or

communicate in any

way with Waste Management of Illinois, Inc or its representatives

(including,

but

not limited

to its officer, employees

and attorneys)?

-I-

27. If your answer to Question

26

is

‘EYes,”

please identify with whom you had the

communication, when it occurred, the subject matter, arid

what was said to

you and what

you

said to Waste Management of Illinois, Inc.

28. After Ja.nuary 3!, 2003, is it true that Waste Management of Illinois, inc. and the County

of Kankakce have held meetings and have been negotiating to change or relax some ofthe

conditions imposed on the proposed expansion on January 31, 2003, as part of the County

Board’s decision

-a-

5

---

MA” 07 ‘03 16:23 FR SWANSON MARTIN BELL ~

~99U0~

8143669

JT~

P.13/16

29.

Were you a part of those meetings?

30. If you answered Question

29 in the

affirmative, what was your

role, how many meetings,

conferences, etc. did you attend, and who else do you know was involved in these

negotiations?

31. Is it

true that

during, at

least, January 2003, the County Board was considering another

amendment to the Solid Waste Management Plan?

32. Were you involved

in

this

amendment,

referenced in Qucstion 31, in any way?

33. If you answered Question 32 “Yes.” in what way were you involved?

34. Mr. Charles Heiston represented the

County

Board concerning the amendment to the

Solid

Waste Managemcnt Plan described in Question 31, correct?

35.

Approximately how many times

are you

aware

of the County Board and Mr. Hclston

meeting conceniing the amendment describcd in Question 31?

6

---

MA” 07 ‘03 16:23 FR SWANSON

‘.“-“—‘~“-~

MARTIN

~

BELL 312

I’~rL’-.vJ

321 0990

~J.Jj~

TO 8143669

fIJ

~ ~

P.14/16

r~

—

36. The amendment described in Question 31, concerned clarification that the County of

Kankakee’s Solid Waste Management

Plan

calls for only one landfill, correct?

37.. And the landfill called

for

in

that Plan in the Kankakee County RDF a/k/a Kankakce

County Landfill, which is owned and operated by

Waste

Management of Illinois, Inc.,

tight?

—

38.

If you answered Question 37 that ~heQuestion is incorrect, explain why it is incorrect?

39. Have you ever accepted a gift or

gratuitiy,

no matter what the value, from

Waste

Management of Illinois, Inc. or any of its parent

or

affiliate

corporations,

or

any of its

representative5?

40. Have you

ever

accepted a meal without charge, no matter what the value, from

Waste

Management of Illinois, Inc. or any of its parent or affiliate corporations, or any of its

representatives?

41. Have you ever accepted a nip. vacation, or either housing

accorwnodation

or

transportation to such a trip or vacation (whether or not the trip or vacatiøn included a

I

---

MA” 07 ‘03,16:23 FR

SWANSON

MARTIN BELL 312 321 0990 TO 8143669

P.15/16

meeting or seminar in a relevant field

to your work),

from Waste Management of Illinois.

Inc. or any of its parent or

affiliate corporations, or

any of its representatives?

42. If you answered “yes” to any

of the Questions 39-41, above, please describe each

instance

of accepting such things, by providing the approximate date (or, if you cannot recall the

date, the year and the month and/or season), describe what you received

(i

e,

what type of

gift, gratuity, meal, trip, vacation or transportation you received), and, if the

receipt was of

atrip

of

any kind, describe the destination of the trip.

43. Do you have any documents in your possession concerning any of the following:

Karikakee County RDF or the Karikakee County

Landfill,

the proposed landtill expansion

or siting application from Waste Management of Illinois, Inc., Waste Management of

Illinois, Inc., negotiations which occurred concerning the host fee agreement between the

County and Waste Management of Illinois, Inc. concerning the

landfill

expansion, your

calendars or appcirmnent books for2000-2003.

44.

Do you have any

documents

from your work

with the County of

Kankakee at borne? If

so,

what subject matters do those

documents Concern?

45,

Axe you at home or in ahospital at the time you are answering these questions?

46.

Are you able to

speak?

8

---

47~

Have you left your house for any reason in the last week’7 If so,

what reasons?

48. Have you hired Ms.

Elizabeth Harvey aridlor Mr. Richard Porter to represent you,

i.e~,

be

your attorney, for anyreason? If so, what reason(s)?

49. Have you ever been to 1-~awaii? If so, what is the last time (/.e., most recent in time to

today) you

went there

and what was the

purpose of

your travel (i.e., vacation, business,

seminar, combination or some or all ofthese).

Under

penalties

as provided by law pursuant to ILL. REV.

STAT CHAP.

HO, SEC. l-109,.1

certify that the statements set forth

herein

arc

true and correct.

Dated: _________________________

Signed:_____________________________________

Printed Name:_

Dated:________________________________________

Witness signaxurc

___________

_________

Witness printed

name:_

-

9

**

Trn-~i