BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
PEOPLE OF THE STATE OF ILLINOIS,
J
11
Complainant,
Bradley P. Halloran
Illinois Pollution Cont. Bd.
100 W. Randolph
Suite 11-500
Chicago, Illinois 60601
Charles W. Murdock
Loyola Law School
1 E. Pearson
Chicago, Illinois 60611
RECE~V~D
CLERK’S OFFICE
DEC 3 02003
STATE OF ILLINOIS
Pollution Control Board
vs.
No. 04-7
(Enforcement-Air)
4832 S. VINCENNES, L.P., an Iffinois limited
partnership, andBATTEAST
CONSTRUCTION, INC., an Indiana
Corporation,
Respondents.
NOTICE OF FILING
To:
Paula Becker-Wheeler
Asst. Attorney General
Office of the Attorney General
Environmental Bureau
188 W. Randolph,
20th
Fl.
Chicago, Iffinois 60601
PLEASE TAKE NOTICE that on the 30t~~day of December, 2003, I filed the attached
RESPONDENT’S FIRST SET OF INTERROGATORIES ON COMPLAINANT, PEOPLE OF
THE STATE OF ILLINOIS AND ILLINOIS ATTORNEY GENERAL and RESPONDENT’S
FIRST REQUEST FOR PRODUCTION,ØP\ D~UMENTS, OBJECTS AND TANGIBLE
THINGS ON COMPLAINANT, PEOPLE çtF TI~ST~&TEOF ILLINOIS, with the Office of the
Clerk of the Illinois Pollution Control Bobrd. a/lconv bf which is
~1
and served
upon you.
I, Gregory V. Miller, an attorney, certify unde oath that I served a copy of the attached
document on the person listed above by deliv
g e ame to the above-named person at the
above-listed address on the
30th
day of ~
Gregory V. Mifier, ~91662
Miller & Ferguson
9415 S. State Street
Chicago, Iffinois 60619
(773) 660-4300
CERTIFICATION
IRECE~VEDJ)
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
CLERK’S OFFICE
DEC 3 02003
PEOPLE OF THE STATE OF ILLINOIS,
II
STATE OF ILLINOIS
Pollution Control Board
Complainant,
I
vs.
No. 04-7
(Enforcement-Air)
4832 S. \‘INCENNES, L.P., an Iffinois limited
partnership, and BATTEAST
CONSTRUCTION, INC., an Indiana
Corporation,
)
ii
Respondents.
RESPONDENT’S FIRST SET OF INTERROGATORIES ON COMPLAINANT,
PEOPLE OF THE STATE OF
ILLINOIS AND ILLINOIS ATTORNEY GENERAL
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 Iffinois 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:
I.
INSTRUCTIONS
1.
Complainant are required, in answering these interrogatories to furnish all
information available to Complainant or their employees, agents, contractors, experts, or
consultants, or which is ascertainable by reasonable inquiry whether or not the requested
information might be available from another entity.
2.
If an interrogatory has subparts, Complainant is required to answer each part
separately and in full.
3.
If Complainant cannot answer an interrogatory in full, theyare required to
answer all parts of the interrogatory to the extent possible and specify the reason for its inability
to provide additional information.
4.
As to each interrogatory, or portion thereof, identify in the answer every oral
communication, document or writing which relates to the interrogatory or response, whether or
not such identification is specifically requested by the interrogatory.
5.
In answering each interrogatory, identify each document, person,
communication or meeting, which relates to, corroborates, or in any way forms the basis for the
answer given.
6.
If Complainant answer an interrogatory by producing documents (see Illinois
Supreme Court Rule 213(e) Respondents shallmake the requested documents available for
inspection and copying at 9415 South State Street, Chicago, Illinois 60619.
7.
Pursuant to Illinois Supreme Court Rule 213(3), Complainant are requested to
serve upon Respondent’s corrected, supplemented or augmented answers hereto, documents or
other forms of informationfrom whatever source, which arguably tends to show that
Complainant’s prior answers are, might be, were or might have beenin a sense incorrect,
incomplete, potentially misleading or less thanfully responsive or truthful.
8.
Complainant shall supplement their answers and responses as new information
as documents become available.
9.
If dates are requested, the exact date should be given, if possible. However, if the
exact date cannot be determined due to absence or inadequacy of records, the best estimate
should be given to the interrogatory as labeled as such.
10.
In construing these interrogatories:
a.
the singular shall include the plural and the plural shall include the
singular; and
b.
a masculine, feminine or neuter pronoun shall not exclude the other
genders.
11.
If you encounter any ambiguity in construing any interrogatory or any definition
or instruction pertaining to any interrogatory, set forth the matter deemed “ambiguous” and the
construction chosen or used in responding to the interrogatory.
12.
In producing documents in response to an interrogatory (See Illinois Supreme
Court Rule 213(e)), you are requested to furnish all documents or things in your actual or
constructive possession, custody or control, or known or available to you, regardless of whether
such documents or things are possessed directly by you or by your attorneys, agents, employees,
representatives or investigators.
13.
This discovery is deemed continuing, necessitating supplemental answers by
Complainant, or anyone acting on its behalf, when or if theyobtain additional information,
which supplements or alters the answers now provided.
II.
CLAIMS OF PRIVILEGE
1.
\iVlth respect to any interrogatory, which Complainant refuses to answer on a
claim of privilege, provide a statement signed by an attorney representing Complainant setting
forth each such assertion of privilege:
a.
the name and job title of every person involved in the conversation or
communication;
b.
the nature of the information disclosed;
c.
all facts relied upon in support of the claim of privilege;
d.
all documents related to the claim of privilege;
e.
all events, transactions or occurrences related to the claim of privilege;
2
f.
the statute, rule or decision which is claimed to give rise to the privilege
or the reason for its unavailability.
2.
If the objection relates to only part of an interrogatory, the balance of the
interrogatory should be answered in full.
III.
DEFINITIONS
1.
“Complainant” shall mean PEOPLE OF THE STATE OF ILLINOIS and the
ATTORNEY GENERAL OF THE STATE OF ILLINOIS, and any of Complainant’s employees,
agents, representatives, successors or assigns, or any other person acting or believed by
Complainant to have acted on their behalf.
2.
“Document” shallbe construed in its customary broad sense and shall include,
but is not limited to, the original and any non-identical copy, whether different from the original
because of notes made on said copy or otherwise, or any agreement bank record or statement;
book of account, including any ledger, sub-ledger, journal or sub-journal; brochure, calendar;
chart; check; circular; communication (intra- or inter-company or governmental entity or agency
or agencies); contract; copy; correspondence; diary; draft of anydocument; graph; index;
instruction; instruction manual or sheet; invoice job requisition; letter; license; manifest; manual;
memorandum; minutes; newspaper or other clipping; note; notebook; opinion; pamphlet; paper;
periodical or other publication; photograph; print; receipt; record; recording report; statement;
study; summary including any memorandum, mthutes, note record or summary of any (a)
telephone, videophone or intercom conversation or message, (b) personal conversation or
interview, or (c) meeting or conference; telegram; telephone log; travel or expense record;
voucher; worksheet or working paper; writing; any other handwritten, printed, reproduced,
recorded, typewritten, or otherwise produced graphic material from which the information
inquired of may be obtained, or any other documentary material any nature, in the possession,
custody or control of Complainant.
3.
“Communication” shall mean, without limitation, any and all forms of
transferring information, including discussions, conversations, meetings, conferences, interviews,
negotiations, agreements, understandings, inquiries, correspondence, documents, or other
transfers of information whether written or oral or by any other means, and includes any
document which abstracts, digests, transcribes or records any communication.
4.
“Facility” and/or “Site” shall mean the property located at 4832 S. \‘incennes,
Chicago, Cook County, Illinois, as referenced in paragraph 3 Count I of the first amended
complaint.
a.
As to an individual, stating his or her:
i.
full and customarilyused names;
ii.
present business and residence addresses;
iii.
business or profession during the relevant time period;
iv.
every office, title, or position held during the relevant time
period; and
3
v.
every employerduring the relevant time period.
b.
As to any person other than an individual, stating:
i.
its legal name and anyother name used by it;
ii.
the form or manner of its organization (e.g., partnership,
corporation, etc.); and
iii.
the state of its incorporation (if it is incorporated) and the
address of its principal place of business;
c.
As to any event, incident, conversation, transaction or occurrence,
stating:
i.
the date;
U.
the place where
it took place and the manner of its occurrence;
iii.
identification of all the participants;
iv.
its purpose ant! subject matter; and
V.
a description of what transpired.
6.
“Person” shall include, but is
not limited
to, any natural person; business or
corporation, whether for profit or not; firm, partnership, or other non-corporate business
organization; charitable, religious, education, governmental, or other non- profit institution,
foundation, body, or other organization; or employee, agent or representative of any of the
foregoing.
7.
“Or” shall mean and/or wherever appropriate.
S.
“Related to” or “relating to” or “in relation to” shall mean anything which,
directly or indirectly, concerns, consists of, pertains to, reflects, evidences, 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 disproves, or tends to prove or disprove.
9.
“Relied upon” shall mean being or having beendepended upon or referred to or
being or having been arguably appropriate for such reliance.
10.
The term “knowledge” means first hand information and/or information derived
from any other source, including hearsay.
11.
“Illinois EPA” means the Illinois Environmental Protection Agency.
12.
“Board” shall mean the Illinois Pollution Control Board.
13.
“Current” or “Present” means thefifing date of these Interrogatories.
4
14.
All terms not specifically defined herein shall have their logical ordinary
meaning, unless such terms are defined in the Act or the regulations promulgated thereunder, in
which case the appropriate or regulatory definitions shall apply.
IV.
INTERROGATORIES
1.
Please identify:
a.
The individual(s) answering these interrogatories on behalf
of the
Complainant, including his or her relationship to Complainant, and how
long he or she has been associated with Complainant.
b.
Each person who provided information or who otherwise consulted,
participated or assisted in connection with providing answers to these
interrogatories, the nature of any such consultation or assistance,
whether the information was based on personal knowledge, and if not
on the basis of personal knowledge, on what basis
it was provided.
c.
For each person identified in Answer to Interrogatories No. 1(b), specify
the particular interrogatories to which each such person contributed.
ANSWER:
2.
Identify the name, address, phone number, occupation, and responsibifities of
any and all person having knowledge of activities alleged in Paragraph
—
of Complainant’s
Complaint.
ANSWER:
3.
Pursuant to Iffinois Supreme Court Rule 213(f), with respect to any hearing
witnesses, please state the following:
a.
The name, address andemployer of each witness;
b.
A summary of the relevant facts within the knowledge of or which said
witnesses wifi testify to; and
c.
A listing of any documents or photographs, which any such witness has
relied upon, will use or which mayintroduce into evidence in connection
w’ith the testimony of said witness.
ANSWER:
5
4.
Furnish the identity and addresses of all expert witnesses who wifi testify at
trial for Complainant, together with the subject matter on which each expert witness is expected
to testify; the conclusions andopinions of each expert witness and the basis therefore; and the
qualifications of each expert witness and a copy of all reports of such witnesses.
ANSWER:
5.
With respect to any witness(es) interviewed by Complainant who Complainant
do not intend to call to testify at hearing, state the name and address of any such witness, state
whether a transcript of any interview with said witness was prepared, or a memorandum
prepared in connection with any such interview, andprovide a summary of the facts and
opinions relevant to this proceedingwhich w’ere secured from said witness.
ANSWER:
6.
Pursuant to Illinois Supreme Court Rule 213(g), identify any and all opinion
witnesses that Complainant have interviewed and/or expects to call at hearing. Specify:
a.
The subject matter on which the opinion witness is expected to testify
as well as the conclusions, opinion and/or expected testimony of any
such witness;
b.
The qualifications, including, but not limited to, the opinion witness’
educational background, practical experience in the area he or she is
expected to testify in, any articles and papers he or she has written, any
and all seminars and post graduate training he has received, his
experience, if any, as a teacher or lecturer and his or professional
appointments andassociations;
c.
The identity of each document examined, considered, or relied upon by
him or her to form his or her opinions;
d.
All proceedings in which each opinion witness has previously testified
as an opinion witness; and
e.
Any and all reports of the opinion witness.
ANSWER:
6
7.
Furnish the identity and addresses of all persons that communicated with
Complainant regarding the facts alleged in Complainant’s Complaint.
ANSWER:
Mifier & Ferguson, #91662
9415 South State Street
Chicago, Iffinois 60619
(773) 660-4300
Ml
7
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
CLERK’S OFFICE
DEC 3 02003
PEOPLE OF THE STATE OF ILLINOIS,
I
STATE OF ILLINOIS
Pollution Control Board
Complainant,
I
I
vs.
)
No.04-7
I
(Enforcement-Air)
4832 S. \‘INCENNES, L.P., an Iffinois limited
II
partnership, and BATTEAST
I
CONSTRUCTION, INC., an Indiana
I
Corporation,
I
I
Respondents.
)
RESPONDENT’S FIRST REQUEST FOR PRODUCTION OF DOCUMENTS, OBTECTS,
AND TANGIBLE THINGS ON
COMPLAINANT, PEOPLE OF THE STATE OF ILLINOIS
Respondent, 4832 S. Vincennes, L.P., pursuant to Section 101.616 of the Board’s
Procedural Regulations, Hearing OfficerOrder dated October 21, 2003 and Illinois Supreme
Court Rule 213, requests that complainant, PEOPLE OF THE STATE OF ILLINOIS, produce,
under oath, the documents specified in the following request for the production of documents,
objects and tangible things (“production request”):
I.
INSTRUCTIONS
1.
Complainant is required, in answering this production request to furnish all
information available to Complainant or its employees, agents, contractors, experts, or
consultants, or which is ascertainable by reasonable inquiry whether or not the requested
information might be available from another entity.
2.
If a production request has subparts, Complainant is required to answer each
part separately and in full.
3.
If Complainant cannot answer aproduction request in full, they are required to
answer all parts of the interrogatory to the extent possible and specify the reason for its inability
to provide additional information.
4.
As to each production request, or portion thereof, identify in the answer every
oral communication, document or writing which relates to the production request or response,
whether or not such identification is specifically requested by the production request.
5.
In answering each production request, identify each document, person,
communication or meeting, which relates to, corroborates, or in any way forms the basis for the
answer given.
6.
Complainant shall make the requested documents available for inspection and
copying at Miller & Ferguson, 9415 South State Street, Chicago, Illinois 60619.
7.
Pursuant to Iffinois Supreme Court Rule 213(3), Complainant are requested to
serve upon Respondent’s corrected, supplemented or augmented answers hereto, documents or
other forms of information from whatever source, which arguably tends to show that
Complainant’s prior answers are, might be, were or might have been in a sense incorrect,
incomplete, potentially misleading or less thanfully responsive or
truthful.
8.
If dates are requested, the exact date should be given, if possible. However, if the
exact date cannot be determined due to absence or inadequacy of records, the best estimate
should be given to the interrogatory as labeled as such.
9.
In construing these interrogatories:
a.
the singular shall include the plural and the plural shallinclude the
singular; and
b.
a masculine, feminine or neuter pronoun shallnot exclude the other
genders.
10.
If you encounter any ambiguity in construing any production request or any
definition or instruction pertaining to any production request, set forth the matter deemed
“ambiguous” and the construction chosen or used in responding to the production request.
11.
In producing documents in response to an interrogatory (See Illinois Supreme
Court Rule 213(e)), you are requested to furnish all documents or things in your actual or
constructive possession, custody or control, or known or available to you, regardless of whether
such documents or things are possessed directly by you or by your attorneys, agents, employees,
representatives or investigators.
12.
If any requested document is not or cannot be produced in full, produce it to the
extent possible, indicating with particularity what documents or portion of any such documents
is not or cannot be produced and reason therefore.
13.
In producing documents, you are requested to produce the original of each
document requested together with all non-identical copies and drafts of that document.
14.
All documents should be produced in the same order as they are kept or
maintained by you.
15.
All documents should be produced in a file, folder, envelope or other container in
\vhich the documents are kept or maintained by you. If for ay reason the container cannot be
produced, please produce copies of all labels or other identifying markings.
16.
Documents attached to each other should not be separated.
17.
Documents not otherwise responsible to this request shall be produced if such
documents refer to, relate to, or explain the documents called for by this request andconstitute
routing slips, transmittal memoranda or letters, comments, evaluations, or similar documents.
18.
Eachdocument request should be construed and responded to independently
from each other request. The scope of any requests should not be construed to limit or narrow
the scope of any other request.
19.
This discovery is deemed continuing, necessitating supplemental answers by
Complainant, or anyone acting on its behalf, when or if theyobtain additional information,
which supplements or alters the answers now provided.
II.
CLAIMS OF PRIVILEGE
1.
With respect to any production request, which Complainant refuses to answer
on a claim of privilege, provide a statement signed by an attorney representing Complainant
setting forth each such assertion of privilege:
a.
the name andjob title of every person involved in the conversation or
communication;
b.
the nature of the information disclosed;
c.
all facts relied upon in support of the claim of privilege;
d.
all documents related to the claim of privilege;
e.
all events, transactions or occurrences related to the claim of privilege;
f.
the statute, rule or decision which is claimed to give rise to the privilege
or the reason for its unavailabifity.
2.
If the objection relates to only part of an interrogatory, the balance of the
interrogatory should be answered in full.
3.
If you claim the attorney-client privilege or any other privilege is applicable to
any document, with respect to that document:
a.
state the date of the document;
b.
identify each and every author of the document;
c.
identify each and every other person who prepared or participated in the
preparation of the document;
d.
identify each and every person for whom the document was received;
e.
identify each and every person from whom the document was received;
f.
state the present location of the document and all copies thereof;
g.
identify each and every person having custody or control of the
document andall copies thereof; and
h.
provide sufficient further information concerning the document to
explain the claim or privilege and to permit adjudication of the property
of that claim.
3
III.
DEFINITIONS
1.
“Complainant” shall mean PEOPLE OF THE STATE OF ILLINOIS and the
ATTORNEY GENERAL OF THE STATE OF IWNOIS, andany of Complainant’s employees,
agents, representatives, successors or assigns, or anyother person acting or believed by
Complainant to have acted on their behalf.
2.
“Document” shallbe construedin its customary broad sense and shall include,
but is not limited to, the original and any non-identical copy, whether different from the original
because of notes made on said copy or otherwise, or any agreement bank record or statement;
book of account, including any ledger, sub-ledger, journal or sub-journal; brochure, calendar;
chart; check; circular; communication (intra- or inter-company or governmental entity or agency
or agencies); contract; copy; correspondence; chary; draft of any document; graph; index;
instruction; instruction manual or sheet; invoice job requisition; letter; license; manifest; manual;
memorandum; minutes; newspaper or other clipping; note; notebook; opinion; pamphlet; paper;
periodical or other publication; photograph; print; receipt; record; recording report; statement;
study; summary including any memorandum, minutes, note record or summary of any (a)
telephone, videophone or intercom conversation or message, (b) personal conversation or
interview, or (c) meeting or conference; telegram; telephone log; travel or expense record;
voucher; worksheet or working paper; writing; anyother handwritten, printed, reproduced,
recorded, typewritten, or otherwise produced graphic material from which the information
inquired of may be obtained, or any other documentary material anynature, in the possession,
custody or control of Complainant.
3.
“Communication” shall mean, without limitation, any and all forms of
transferring information, including discussions, conversations, meetings, conferences, interviews,
negotiations, agreements, understandings, inquiries, correspondence, documents, or other
transfers of information whether written or oral or by anyother means, and includes any
document which abstracts, digests, transcribes or records any communication.
4.
“Facility” and/or “Site” shall mean the property located at 4832 S. Vincennes,
Chicago, Cook County, Iffinois, as referenced in paragraph 3 Count I of the first amended
complaint.
5.
“Identification” or “identify” shall mean:
a.
As to an individual, stating his or her:
i.
full and customarily used names;
ii.
present business andresidence addresses;
iii.
business or profession during the relevant time period;
iv.
every office, title, or position held during the relevant time
period; and
v.
every employer during the relevant time period.
b.
As to any person other than an individual, stating:
4