BEFORE THE ILLINOIS POLLUTION CONTROL ~
PEOPLE OF THE STATE OF ILLINOIS,
)
JUL 132004
Complainant,
)
STATE OF ILLINOIS
)
Pollution Control Board
vs.
)
PCB N. 03-191
)
(Enforcement-Land)
COMMUNITY LANDFILL COMPANY, INC.,
an Illinois corporation, and
the CITY OF MORRIS, an Illinois
municipal corporation,
Respondents.
to: Mr. Mark La Rose
Mr. Bradley P. Hailoran
La Rose & Bosco
Hearing Officer
200 N. La Salle Street, #2810
IPCB
Chicago, IL 60601
Hand Delivery
Mr. Charles Heisten
Hinshaw & Culbertson
100 Park Avenue
Rockford IL 61105-1389
NOTICE OF FILING
PLEASE
TAKE
NOTICE that we have today, July 13, 2004, filed
with the Office of the Clerk of the Illinois Pollution Control
Board, Complainant’s First Motion to CompelRespondent City of
Morris, a copy of which is attached and herewith served upon you.
Respectfully submitted,
PEOPLE OF THE STATE OF ILLINOIS
ex rel.
LISA M~DIGAN
Attor~y Gene4al of the
f
Iiliifiois
BY:
C~ISTOPHER
GRANT
A s stant Attorney General
En ironmental Bureau
188 W. Randolph St., 2O~Fir.
Chicago, IL 60601
(312) 814-5388
RECE~VEDCLERK’S
OFFICE
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
JUL 13 2004
PEOPLE OF THE STATE OF ILLINOIS,
STATE
OF ILLINOIS
Complainant,
)
Pollution Control Board
vs.
)
PCB No. 03-191
(Enforcement-Land)
COMMUNITY LANDFILL COMPANY, INC.,
):
an Illinois corporation, and
the CITY OF MORRIS, an Illinois
municipal corporation,
)
Respondents.
COMPLAINANT’S FIRST MOTION TO COMPEL RESPONDENT CITY OF MORRIS TO
RESPOND TO COMPLAINANT’S FIRST SET OF INTERROGATORIES
AND REQUEST FOR THE PRODUCTION OF DOCUMENTS
Complainant,
PEOPLE OF THE STATE OF
ILLINOIS,
by LISA.
MADIGAN, Attorney General of
the State
of Illinois,
pursuant. to
35 Ill. Adm. Code Sections 101.100(b), 101.616, 101.620, and
101.800, Supreme Court Rules 201, 213, and 214, and the May 13,
2004 Hearing Officer Order entered in this matter, moves the
Hearing Officer to compel Respondent CITY OF MORRIS (“Morris”) to
fully comply with Complainant’s written discovery requests. In
support thereof, Complainant states, as follows:
1. On January 22, 2004, Complainant served it’s First Set
of Interrogatoriès and Request for the Production of Documents
upon Respondent Morris, ,by first class mail to counsel for
Respondent. A copy of Complainant’s discovery request is
attached hereto as ExhibIt ‘A’.
.
.
.
~.
2. On May 13, 2004, Hearing Office~ Halloran directed both
Respondents to respond to Complainant’s written discovery, on or
before June 1, 2004. A copy of the May 13, 2004 Order is
attached hereto as Exhibit ‘B’.
.
.
To the date of filing this Motion, Respondent MOrris
has failed to provide aiaswers to Comp1ainant~s interrogatories,
and has failed to produce any documents responsive to.
Complainant’ s request.
.
WHEREFORE, Corriplainant requests the following relief from
the Hearing Officer:
1. A finding that Respondent CITY OF MORRIS isin
violation of the Board’s procedural rules,, and the May 13., 2004
Hearing OffIcer Order in this matter;
.
2. An Order compelling Respondent CITY OF MORRIS to comply
with Complainant’s written discovery requests with out further
delay; and
.
3. Such other relief that the Hearing Offiber deems
appropriate.
.
RESPECTFULLY SUBMITTED:
PEOPLE OF THE STATE OF ILLINOIS
by LISA
MADIGAN,
Attorney General of the
State of Illinbis
MATTHEW J.
DUN~,
Chief
.
Envi )nmental 4nforcemeñt/Asbestos
ation Division
BY:
___________
~TOPHER GRANT
conmental Bureau
Assistant~Attorney General
188 West RandolphStreet,
20t11
Floor
Chicago,~.IL 60601
.
(312) 814-5388
Cl
BEFORE THE
ILLINOIS
POLLUTION CONTROL BOARD
PEOPLE OF THE STATE OF ILLINOIS,
.
.
)
Complainant,
..
.
,.,
.
,
)
)
vs.
, .
)
,
PCBNo.03-191
)
(Enforcement-Land)
COMMUI’flTY LAI’IDFILL COMJ?ANY,INC.,.
.)
an illinois corporation, and
, .
)
.
.
..
the CITY.OF MORRIS, anilhinois
)
.
:
municipal corporation,
.
.
,
.,
)
..
. .
.
)
Respondents.
,
.
)
.
~OMPLAJNANT’S FIRST S1?T OF INTE~RO~OR1ES...
AND REQUEST FOR THE PRODUCTION OF DOCUMENTS
Complainaiat, PEOPLE OP THE STATE OF ILLINOIS,
ex rel.
LISAMADIGAN,
Attorney General’ ofthe State ofIllinois, pursuant to SuiDreme Coijrt Rules 213 and 214, and ~5
ill. Adrn. Code 101.616, serves Respondent, CITY OF MORRIS (“Morris”). the following First
Set of Interrogatories a±idRequest forProduction ofDocuments.
The Complainant requests thaLt Respondent Morris file a sworn an~weror objection to
each inteflOgatory within tw~nty-eiglit(28) days after service hereof Documents ieq ested shall
be piod.uced for inspection and copyrng in the officcs of the Enviromnental Bureau, 18S West
Randolph Street, 20th ±‘looi,Chicago, Illinois 60601, or at such othem place as the parties may
agree, within 28 days c’f service hemeof
If ai~yofthe following mtenogatori~scannot be answered in full, please so state, and
answer to the fu~llestextent possible
Thstructions:
,
1
Claims ofPamlege Ifthe Responclenf claims that any informat~onrequested in
1
these interrogatories, or any document covered by this request is not subject to discovery
on grounds of any piivi1ege~it shall s~ipplywithrespect to each.such item:
a.
The date ofthe information or document;
‘
. ~,
b.
The type ornature ofthe information or document, e.g., letter or
conversation;
.
.
c.
The person or persons who prepared the information or document and his,
her, or their,title(s);
‘
..
.
.
d~
The name and. job title Of eachperson to whom the document was showxi;
e.
The present location and custodian ofthe document;..
.
f.
The basis on which the Respondent claim the privilege;
g.
A description ofthe information or the contents ofthe d~cumentsufficient
to support the claim ofprivilege; and
.
. . ‘
h.
The paragraph ofthese ii~terrogatories‘or request for documents to which
the document relates.
‘ ‘
‘
.
.
.
2.
Interrogatories.
. .
.
.
.
a.
In answering each interrogatory, identify ‘each dbcument, person,
cOmmunication or meeting which relates to, corroboratcs, or in any way
fomis the basis for the answer giveil.
.
b.
.
Pursuant to Supreme Court Rule 213, Respondent is requested to Sere.
upon Complainant corrected, supplemented or augmented answers hereto,
document or other forms of information from whatever source, which
arguablytends to show that Respondent’s prior answers are, might be,
were or might have been ~n.asense incorrect, incompleth, potentially
misleading or less than fully responsive or truthful.
c.
‘ ,
Ifyou encounter any ami ~iguity in construing any interrogatory or apy
‘
definition’or’insiruction pertaining to any interrogatory, set forth the matter
deemed “ambiguous” and the construction chosen orused in responding to
the interrogatory.
,
.
.
.
.
‘
.
d.
.
If you lack information necessary to answet any interrogatory completely,
state the following:
.
.
. .
.
i.
The responsive information currently available;
ii.
The :~sponsiveinformation currently unavailable;.
iii.
,
Efforts you have made and intend to make to obtain the
information currently available; and
iv.
When you expect to receive the currently unavailable iriibimation.’
2
.
e.
Ifdates are
requested in these ~nterrogatories,the exact date should be
given if possible. However, ~fthe exact date cannot be determined due to
absence or inadequacy of records, the best estimate should be given and
labeled as such.
‘
.
, .
.
.
.
, .
. ,
3.
.
Production ofDocumdnt5.
.
.
,
a.
Ifany requested document was in Respondent’s possessiQn or subject to
Respondent’s ‘control, but is not now in Respondent’s control, or is no
longer in existence, as to each such document state the following:
j.
, .
Whether the document:
‘
.
.
0
A.
Is missing or lost,
B.
Has been destroyed,
C.
Has been transferred to others, or
D.
Has been otherwise disposed of;
ii.
The circi.iinstances surroundingthe document’s disposit~oñ;
iii.
Any authorization for the disposition; arid
,
.
iv
if known, the present location and custodian of the document
b
Each document request shall be construed to include any document
mesponsive to the request which is latem discovered by Respondent
Definitions
,
1.
‘As usedherein, ‘financial assurance’ refers to the requirement of financial
assurance for closure ann post-closure costs, as a condition to Illinois EPA permits
No 2000-155-LFM and 2000-l56-LFM. Financial assurance means one or more ofthe
following:
.‘
. ‘
‘~ ‘
,
.
,
.
a) Atrutfund
b) A surety bond guaranteeing payment
,
,
c) A surety bond guaranteeing performance
,
4) Aletterofcredit
.
, ,
,
,
,
, .
,
c) ‘Closure insurance
,,
.
f~
Self-insutance meeting the requirements of 35 Ill’. Adm. Code 811.715;
g) Local government financial test meeting
the requirements of35 ill. Adm. Code
811.716;
‘
,
.
,
h) Local government guarantee meeting the’ requirements of 35.111. Adm. Code 811.717;
i) Corporate financial test meeting the requirements of 35 Ill. A’dm. Code 811.719;
j)
Coxpomate guc dtee meeting the requnements of 35 Ill Ad.m Cod.~811 720
3
2.
As used herein, Pennit 2000-1
55-LFM,
means the permit issued by illinois EPA
on August 4,2000 to the City ofMorris and Community Landfill Company, approving and
regulating development,and operation ofParcel A ofthe CLC Community Landfill.
3.
As used herein, Permit 2000-156-LFM, means the permit issued by illinois EPA
on August 4, 2000 to the City ofMorris and Community Landfill Company, approving and
regulating development and closure of Parcel B ofthe Morris Community Landfill.
4.
,
As used herein, “person” mearisany individual, partnership, co-partnership, firm,
company, corporation, association, joint stock company, trust, estate, or any other legal entity or
their legal representative, ageiit or assigns.
‘
‘
5’.
When used in reference to a natural and/or corporate personherein, to “identify”~
means to state his or her full name, present and last known address, and present or last known
business affiliation. When used in reference to a document herein, to “identify” means to state
its date, author, addresser, addressee, type (e.g., letter, memorandum, invoice, map), or some
other means ofidentification, and its present location and custodian. Ifthe document was, but no
longer is, in a Respondent’s possession or control, state the disposition made ofit and its present
location and custodian.
‘
‘
‘
6.
As used herein, “document” means the original and any non-identical copy ofany
communication or other transgression ofinformation that has been reduced by any means into
tangible form or medium, including written, electronic, magnetic orphotographic.’
7.
“Relating to” or “related to” shall mean anything which directly or indirectly
concerns, consists of, pertains to, reflects, evidences, mentions, 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 the statedmatter.
‘
“
‘‘
‘ ‘
‘
8.
As used herein, “present” means the time at which this First Set ofInterrogatories
isserved.
‘
‘
‘
“
‘
‘
9. As used herein, “financial institutioi~”means any bank, savings and loan company,.
institutional lender, commercial credit provider, credit union, insurance company, surety
‘
company, trust company, or other related institution.
‘ ‘
‘
10.
All terms not specifically definedherein shall have their logical, ordinary
meaning,i.inless suchternisare defined in the Act or the regulations promulgated thereunder, in
which case the appropriate or regulatory. definitions shall apply.
4
‘INTERROGATORIES’
~te1Tog~tory~Q.1
Identify each personwho supplied information for answers to these interrogatori’es
and
further
state for
which interrogatories eachperson so identified supplied infomiation.
~~iQg~~O1yNo.
2,
Identify each and every fact witness who may be called by Respondent Morris as a
witness in any hearing in this matter, and state his or her area ofknowiedge.
~elTo~atorNo.3
Identify each and’ every
opinion witness who may be
called by Respondeut Morris as a witness at
~y
hearing ii~.this matter, and state:
‘
a) his or
her area of knowledge;
‘
‘
b) the subject matter on which the opinion witness will testify;
c) the conclusions and opinions ofthe opinion witness and the bases
therefore;
d)
the qualifications of the opinion
witness.
Inte~~atQ~No ,~4
‘ ‘
Identify each illinois EPA Pethiit, ,including developmental, operating, supplemental,
modification, and significant modification, issued to the City of Morris as “operator” or “owner
and operator” of
the Morris Community Landfill, from 1974 until the present
5
ogatOry~o.5
Identify each Illinois EPA P erniit, including developmental, operaling, supplemental,
modification, and significant modification, issUed to the City ofMorris as “owner” ofthe Morris
Community Landfill from
1974 until the present.
ANSWER:
~rrpg~p~y
No.6
‘
‘
‘
‘
,State the Date On which Community Landfill Coi~ipanybecame the operatorof the Morris
community Landfill.
4NSWER:
‘
L.~Qgat0,~yN~7
‘
‘
‘ ,
‘
‘
Did
the City
of Morris arrange for
ahd/or maintain financial assurance, as defined, herein,
rehited to Permits 2000-155-LFM and 2000-156•LFM?
‘
‘
“
Ifyes:
‘
‘
‘
‘
1. Identify the amount and type of financial assurance arranged for and/or maintained;
2. State the dates thai. the financial assurance became effective and the dates on
which
the financial assurance was discontinued or cancelled;
3. State the amount and type offinancial assurance
in place at the present i.e the date
these interrogatores were
served upon Re~pondent;’
‘
4. State the fee(s) 1iaid by the City of Morris for financial assurance arranged for
and/or maintained.
‘
‘ ‘
‘ ‘
‘
‘
AR:
‘
~t,nogatQ~TQA
,
‘
‘
Did any person~excepting the
City of
Morris,
arrange for
and/or maintain financial
assurance, as definedherein, related to permits 2000-155-LFM and 2000456LFM.?
6
Ifso:
, ,
‘
‘
‘
‘1. Identifythe amount and type
of financial
assurance arranged for and/or maintain~d;
2. State the dates that the financial assurance became effective and the dates on
which
the’financial assurance was discontinued or cancelled;
‘
3, State the amount and type offinancial assurance’ in place at the present i.e the date
these interrogatories were served upon Respondent;
‘4. State the fee(s) paid by the City ofMorris, for financial assurance arranged for
and/or maintained.
‘ “
~)ato1No.~
Identify
the type and dollar amount
of financial assurance, as herein defined, currently
being maintained by any party, to cover closure and, post-closUre care at the Morris Community
Landfill, in force relating
to Pennits 2000-155-LFM and 2000-156-LFM.
~terrog~IQry~1Q~J0
“
‘
‘
For each
year from
2000 until the, prescnt, state
the average’ interest ratepaid ‘bythe City
ofMorris for borrowed funds.
‘
‘
7
REQUEST
FOR PRODTJCTION
OFDOCTJMENTS
1.
Any and all documents relating to answers to the above interrogatories, and all
documents identified in the course ofanswering the above interrogatories, and any and all
documents consulted or reviewed in order to answer the above interrogatories.
2.
All correspondence and any and all documents relating to correspondence
between the City ofMorris and any person which relate to proposals, quotes, costs, or,
applications for financial assurance forthe Morris Community Landfill, from 1999 until the
present.
‘
,‘
‘
,
‘
.
3.
Any and all documents which Respondentwill ‘enter into evidence or otherwise
use at hearing in this matter.
‘
.
.
.
‘
Respectfully Submitted
BY:
Christopher Grant
Assistant Attorney G~ineral
Enviromnental Bureau
188 W. Randolph St.,
2pth
Fir.
Chicago, illinois 60601
(312)814-5388
.
8
BEFORE THE JLLTh~OISPOLLUTION
PEOPLE OFTHESTATE OFU-LTh~OIS,
)
)
Comp1ainant~
‘
)
CO
viUMTY LAJ~DFLLLCOMPANY,
Th~C.,
an fllinois corporation, and
‘
the CITY OP MORRIS, an illinois
municipal corporation,
Respondents.
‘
CERTIFICATE OF
SERVICE
I, CHRISTOPHER GRANT, an attorney, do certify that I caused to be served this 22d
day of Ia~uary,2004, the foregoing Liten-ogatories and Request for the Production of
DocumentS,upOfl the per~onslisted below, by placing same in an envel pe bearing sufficient
postage with the United States Postal Service boat
t 00 W. Rand Iph, Chicago Illinois.
CHRISTOPHER GRANT
Sv~Li~i:
Mr. Char1e~Heiston
Attorney for Respondent City ofMorris
Hinshaw & Culhertson
‘
100W. Park
‘,
‘
Rockford, illinois 61105
~yj~
Mark A. LaRose, Ciarissa Grayson
LaRose & Bosco, Ltd.
734 N. WellsStreet
Chicago, illinois 60610
CONTROL BOARD
vs.
)
)
PCB No. 03-191
)
(Enforcement-Land)’
)
)
)
)
)
)
ILLiNOIS POLLUTION CONTROL BOARD
May 13, 2004
PEOPLE OF THE STATE OF ILLINOIS,
)
)
Complainant,
)
)
v.
‘
,
‘
‘
)
PCBO3-191
)
(Enforcement
-
Land)
COMMUNITY LANDFILL
COMPANY,
)
INC.,
and
CITY
OF
MORRIS,
an Illinois
)
EXHIBIT
municipal corporation,
‘
)
),
‘B’
Respondents.
‘
,
)
‘
HEARING
OFFICER
ORDER
On May 13, 2004, 2004, all
parties
participated in
a telephonic status conference with the
hearing officer. A revised discovery schedule was discussed
and is as follows: respondents to
serve
its answers to complainant’s
written
discovery
on or before June 1, 2004; all oral discovery
to be completed on or before July
15,
2004; all discovery to be completed on or before August
20,2004.
.
‘
‘
The parties or their legal representatives are directedto partibipate in a telephonic status
conference on July.. 15, 2004, at 10:00 a.m. The telephonic status conference must be initiated by
the complainant, but each party is nonetheless responsible for its own appearance.
.
At the status
conference, the parties must be prepared to discuss the status ofthe above-captioned matter and
their readiness for hearing~
‘
IT IS SO ORDERED.
‘
Bradley P. Halloran’
Hearing Officer
‘ ‘
Illinois Pollution Control Board
James R. Thompson Center, Suite 11-500
100 W. Randolph Street
Chicago, Illinois 60601
H’
312.814.8917
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
PEOPLE
OF THE STATE OF ILLINOIS,.
Complainant,
vs.
)
PCB No. 03-191
(Enforcement-Land)
COMMUNITY LANDFILL
COMPANY, INC.,
an Illinois corporation, and
the CITY OF MORRIS,’an Illinois
municipal corporation,
Respondents.
)~
CERTIFICATE OF SERVICE
I, CHRISTOPHER
GRANT,
an attorney, do certify that I caused
to be
served this 13th day of July, 2004, Complainant’s First
Motion to Compel Respondent City of Morris to Respond to
Complainant’s First Set of Interrogatories and Request for the
Production of Documents, and Notice
of Filing, upon the persons
listed on said Notice, byplacing same in an envelope bearing
sufficient postage with the United States Postal Service located
at 100 W. Randolph, Chicago Illinois.
CHRISTOPHER GRANT
