TIlE ILLINOIS POLLUTION CONTROL BOARD
    ~‘S
    0FFTCE
    CITIZENS AGAINST LANDFILL
    )
    /1UG272003
    EXPANSION (CALE),
    )
    OF ILLiNOIS
    )
    Ofl Co~t~80oardj
    Petitioner,
    )
    )
    v.
    )
    PCB03-236
    )
    (Pollution Control Facility
    AMERICANDISPOSAL SERVICES OF
    )
    Siting Appeal)
    ILLINOIS, INC., and LIVINGSTON
    )
    COUNTY BOARD,
    )
    )
    Respondents.
    )
    NOTICE OF FILING
    TO:
    See Attached Service List
    Please take notice that on August 26, 2003, I caused to be filedby overnightmail with the
    illinois Pollution Control Board an original and four copies ofthe attached Motion to Compel.
    AMERICANDISPOSAL SERVICES OF ILLINOIS,
    INC., Respondent
    By EBIRMANN GEHLBACH BADGER & LEE
    By__________
    Doug as E. Lee
    Douglas E. Lee
    Ehrmann Gehlbach Badger & Lee
    Attorneys for Respondent American Disposal
    Services ofIllinois, Inc.
    215 E. First Street, Suite 100
    P.O. Box 447
    Dixon, IL 61021
    (815)
    288-4949
    (815)
    288-3068 (FAX)
    Proof ofService
    STATE OF ILLINOIS
    COUNTY OF LEE
    The undersigned, being first duly sworn, states that on August 26, 2003, a true and correct
    copy of the foregoing Notice of Filing, together with the Motion to Compel attached thereto, was
    served upon the following persons, at the addresses indicated, by overnight mail and that prior to 3
    p.m. on August 26, 2003, said Motion to Compel was sent by e-mail to the Hearing Officer and
    counsel for the parties, at the e-mail addresses indicated:
    DorothyM. Gunn, Clerk
    Illinois Pollution Control Board
    James R. Thompson Center
    100W. Randolph, Suite 11-500
    Chicago, IL 60601-3218
    C. Thomas Blakeman, Esq.
    Strong. Blakeman, Schrock &
    Bauknecht, Ltd.
    307 W. Washington St.
    Pontiac, IL 61764
    tom@sbsltd.com
    George Mueller, Esq.
    George Mueller, P.C.
    501 State St.
    Ottawa, IL 61350
    gmueller@mchsi.com
    Carolyn K. Gerwin, Esq..
    705 S. Locust St.
    Pontiac, IL 61764
    gerwin@mchsi.com
    LarryM. Clark, Esq.
    700 N. Lake St., Suite 200
    Mundelein, IL 60060
    LC1ark55@aol.com
    Claire A. Manning, Esq.
    Posegate & Denes, P.C.
    111 N. Sixth St.
    Springfield, IL 62705
    Claire@posengate-denes.com
    Bradley P. Halloran, Hearing Officer
    Illinois Pollution Control Board
    James R. Thompson Center
    100W. Randolph, Suite 11-500
    Chicago, IL 60601
    halloranb@ipcb.state.il.us
    Subscribed and sworn to before me
    this
    26th
    day ofAugust, 2003.
    /
    ~—
    ~/
    ~
    —a
    ~l6tary Public
    /
    NOTAy~~~?~
    MYC~~
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    52-2oc~
    )
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    N:\Real
    Est\Zoning\DeI\LivingstonLandfihl\990680\PCB AppeaI\noticeoflThngO4.wpd
    2
    THE ILLINOIS POLLUTION CONTROL BOARD
    v
    CITIZENS AGAINST LANDFILL
    )
    EXPANSION (CALE),
    )
    ~
    )
    ...
    Petitioner,
    )
    P~1
    0~01,trO~
    ,ard
    ILLINOIS,AMERICANCOUNTYv. BOARD,INC.,DISPOSALand LIVINGSTONSERVICESRespondents.OF
    )))))))
    (PollutionSitingPCBControl03-236Appeal)Facilityp0ll~ttOt~
    RESPONDENT AMERICAN DISPOSAL SERVICES OF ILLINOIS, INC.’S
    MOTION TO COMPEL ANSWER TO INTERROGATORY
    Now comes Respondent American Disposal Services ofIllinois, Inc. (“American”), by and
    through one ofits attorneys, Douglas E. Lee ofEhrmann Gehibach Badger & Lee, and, pursuant to
    Section 101.616 ofthe Rules ofthe illinois Pollution Control Board, moves the HearingOfficer for
    entry of an Order compelling Petitioner to fully respond to Interrogatory No. 20 previously
    propounded by American (“the Interrogatory”). In support thereof, American states as follows:
    1.
    In the Interrogatory, American asked Petitioner to “identiQ,’ eachwitness who you
    will call to testify at the hearing on the Petition and state the subject of each witness’ testimony.”
    2.
    Petitioner objected to the Interrogatory, asserting the work product doctrine. Neither
    the identities ofexpected witnesses northe subjects oftheirtestimony, however, are protected bythe
    work productdoctrine. Indeed, the Hearing Officer already has ordered that all parties disclose their
    witnesses by 10 a.m. on September 2, 2003.
    3.
    As set forth in Section 101.616 ofthe Board’s Rules, “the Board may look to the
    Code of Civil Procedure and the Supreme Court Rules for guidance where the Board’s procedural
    rules are silent.” While the Board’s rules are silent as to whetherparties must, whenrequested, state
    the subjects ofexpected witnesses’testimony, fllinois Supreme Court Rule 213(f)(1) indisputably
    requires that such information be provided: “For each lay witness, the party must identify the
    subjects on which the witness will testify. An answer is sufficient if it gives reasonable notice ofthe
    testimony, taking into account the limitations on the party’s knowledge ofthe facts known by and
    opinions held by the witness.”
    4.
    Such disclosure is especially important in cases like this one, in which the parties are
    required to complete significant discovery in a relatively short period of time. Petitioner’s full
    response to the Interrogatory will enable American to determine which, if any, of the identified
    witnesses it wishes to depose, promote the efficient preparation of this case, and prevent unfair
    surprise.
    5.
    For all ofthe foregoingreasons,American respectfullyrequests the Hearing Officer to
    enter an Order requiring Petitioner to fully respond to the Interrogatory.
    Respectfully submitted,
    AMERICAN DISPOSAL SERVICES OF ILLINOIS,
    INC., Respondent
    By EHRMANN GEILBACH BADGER & LEE
    By____________________
    Douglas E. Lee
    Douglas E. Lee
    Ehrmann Gehlbach Badger & Lee
    Co-Counsel forRespondent American Disposal
    Services ofillinois, Inc.
    215 E. First St., Suite 100
    Dixon,IL 61021
    (815) 288-4949
    (815)
    288-3068 (FAX)
    2

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