RECEIVED
CLERK’S OFFICE
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD JUN 2 02005
STATE OF ILLINOIS
Pollution Control Board
PEOPLE OF THE STATE OF ILLINOIS,
Complainant,
vs.
No. 04-7
(Enforcement-Air)
4832 S. VINCENNES, L.P., an Illinois
limited partnership, and BATTEAST
CONSTRUCTION COMPANY, INC.,
An Indiana corporation,
Respondents.
NOTICE OF FILING
To:
Paula Becker Wheeler
Assistant Attorney General
Environmental Bureau
188 W. Randolph Street, 20th Floor
Chicago, Illinois 60601
PLEASE TAKE NOTICE that I have today, June~~,2005, filed with the Office of
the Clerk of the Illinois Pollution Control Board an original and four copies of my
Interrogatories to Complainant, a copy of which is attached herewith and served upon
you.
Respectfully submitted,
4S~VIr~5L.P.
an Illinois
~—Off~ierM. Sp rloc #20931
9415 South S
treet
Chicago, Illinois 60619
(773) 660-4300
(773) 660-8686 facsimile
CERTIFICATE OF SERVICE
I, OLIVER M. SPURLOCK, an attorney, do certify that I caused to be served this -
______
day of June, 2005, Respondent, 4832 S. Vincennes, L.P.’s, Interrogatories to
Complainant, to the person named below by placing the same in overnight mail with U.S.
postage prepaid, at 9415 South State Street, Chicago, Illinois 60619.
Paula Becker Wheeler
Assistant Attorney General
Environmental Bureau
188 W. Randolph Street, 20th Floor
Chicago, Illinois 60601
OIi~.S~~931
9415 South State Street
Chicago, Illinois 60619
(773) 660-4300
(773) 660-8686 facsimile
RECEIVED
CLERK’S OFFICE
BEFORE THE ILLINOIS POLLUTION CONTROL BOARDJUN 202005
STATE OF IWNOIS
PEOPLE OF THE STATE OF ILLINOIS,
Pollution Control Board
Complainant,
vs.
No. 04-7
(Enforcement-Air)
4832 S. VINCENNES, L.P., an Illinois
limited partnership, and BATTEAST
CONSTRUCTION COMPANY, INC.,
An Indiana corporation,
Respondents.
RESPONDENT, 4832 S. VINCENNES, L.P.’S, INTERROGATORIES TO
COMPLAINANT
Respondent, 4832 S. Vincennes, L.P., pursuant to Section 101 .616 of the
Board’s Procedural Regulations, Hearing Officer Order dated October 21, 2003 and
Illinois Supreme Court Rule 213, requests that complainant, PEOPLE OF THE STATE
OF ILLINOIS and the ILLINOIS ATTORNEY GENERAL, answer in writing, under oath,
the following interrogatories:
1.
Identify all documents in your possession or under your control relating to
any warning given to respondent or respondent’s agent regarding the presence of
suspect asbestos containing material (“ACM”):
a.
verbatim content of each warning;
b.
the exact date warning was issued;
c.
the person the warning was issued to;
d.
identify the person who issued the warning;
ANSWER:
2.
If Complainant contends that warnings were communicated or delivered
to any respondents or agents thereof, state the date, name, address and telephone
number of the persons who received the warnings.
ANSWER:
3.
Set forth the names and addresses of any and all persons having
knowledge of the facts relevant to the complainant’s allegation that any of the
respondents had knowledge of the presence of ACM at the work site.
ANSWER:
4.
Set forth in detail and with particularity, and all instructions given to
respondents’ contractors regarding ACM or removal thereof.
ANSWER:
5.
Set forth in detail and with particularity each and every letter,
memorandum, report, deposition, transcript and any other document which the
complainant will offer to prove that any of the respondents intentionally ignored the
warnings, orders, directives or communication from the complainant’s agent regarding
the presence of ACM.
ANSWER:
6.
With respect to the work site, state whether there were any health or
safety surveys and inspections conducted at the work site by the Illinois Pollution Control
Board’s agents or employees.
ANSWER:
7.
If you have answered Interrogatory No. 6 in the affirmative, with respect to
each health or safety survey and inspection, please state:
a.
Name, title and office address and telephone number of the
inspector;
b.
The date or dates the survey or inspection was conducted;
c.
The department, agency section or other governmental entity of
the State of Illinois which conducted the survey or inspection.
ANSWER:
8.
State whether any investigations or other reports have been prepared,
compiled, submitted or made by the complainant or complainant’s agents or employees,
or utilized by the complainant in any way in this action, and if so, as to each such
investigation or report, state in detail:
a.
The identification of the documents, and attach a copy of all such
reports;
b.
The name and address of each person to whom the investigation
or report was addressed or directed;
c.
The purpose of such preparation of the investigation or report; and
d.
The name and address of each person having present custody or
control of the investigation or report.
ANSWER:
9.
State the names and addresses of all persons not previously mentioned
who have personal knowledge of facts material to this case.
ANSWER:
10.
Identify each and every writing, oral conversation, or other communication
with, rr in the presence of, any alleged representative of this defendant (including, but
not limited to, any of its alleged agents, servants and/or employees) relating, directly or
indirectly, to the subject matter of the complaint, setting forth for each such conversation
and/or communication:
a.
The date of such conversation or other communication;
b.
The names and addresses of all persons in attendance or who
have personal knowledge of such conversation or other
communication;
c.
The substance of each such oral conversation or other
communication; and
d.
The identity of and attach a copy of each such writing to your
answer to this interrogatory.
ANSWER:
11.
Identify each and every signed or recorded statement that you have
obtained, setting forth for each such statement:
a.
The date that each such statement was obtained;
b.
The name and addresses of all persons from whom you have
obtained such statement; and
c.
The name and address of each custodian of the statement, and
attach a copy of any signed or recorded statement to your answer
to this interrogatory.
ANSWER:
12.
Identify each person whom you expect to call as an expert witness at the
trial of the above-captioned action, and as to each such witness, state:
a.
The expert’s name and age;
b.
The name and address of the expert’s present employer, or if self-
employed, the expert’s occupation;
c.
The expert’s educational background, specifying colleges
attended, dates of attendance, degrees attained and post-
graduate degrees attained, if any;
d.
The name and address of every person, firm or corporation where
the expert was employed within the last ten (10) years, and a
detailed description of the expert’s duties at each such place of
employment, of if the expert was self-employed, state specifically
and in detail the description of the expert’s duties and
responsibilities; and
e.
Identify all asbestos-related cases in which the expert has testified
as an expert witness, including the title and number of the case,
the court in which the case was pending, and the part for whom
the expert testified.
ANSWER:
13.
With respect to the anticipated testimony of each person you expect to
call as an expert witness at the trial of this matter, state:
a.
The subject matter on which the expert is expected to testify;
b.
The facts and opinions as to which the expert is expected to
testify;
c.
A summary of the grounds for each such opinion;
d.
Whether the facts and opinions identified above are contained in a
written report, memorandum or transcript, and if they are, produce
the same, if you will do so without a Notice for Production of
Documents;
ANSWER:
Re~p~tt6~submitt
OliverfçM. Spurloc
Attorney for 4832
Vi ennes,. L.P.
Oliver M. Spurlock, #20931
Attorney for 4832 S. Vincennes, L.P.
9415 South State Street
Chicago, Illinois 60619
Telephone: (773) 660-4300
Fax:
(773) 660-8686
