BEFORE THE
NOTICE OF DISCOVERY DEPOSITION
BOARD
DEPOSITION RIDER
AFFIDAVIT OF SERVICE

BEFORE THE

BYRON SANDBERG,

Petitioner,

vs.

)

CITY OF KANKAKEE, ILLiNOIS, THE CITY)

OF KA1’.~KAKEB,ILLINOIS CITY COUNCIL,)

TOWN AND COUNTRY UTILITIES, INC.,

)

and KANKAKEE REGIONAL LANDFILL,

)

L.L.C.,

)

•

Respondents.

)

NOTICE OF DISCOVERY DEPOSITION

On November 14, 2003, at 1:00 p.m., at Marilynn Mrozynski, C.S.R., One Dearborn

Square, Suite

510,

Kankakee, Illinois, the deposition of Mr. Boyd will be taken before a notary

public (Marilyim Mrozynski

—

815/439-1390) on oral interrogatories for discovery in this case,

and at that time the deponent shall produce all the documents requested on the attached rider.

BOARD

NQ~~ 7 2Oo~

CaseNo. PCBO4-33

POIIT,~0j1LLINoJs

70384635v1 827167

)

DEPOSITION RIDER

Identify and produce• any and all documents, letters, or memoranda which were

read, reviewed, or examined by you regarding the Town and Country Utilities, Inc. Landfill

Siting Application, which either are or are not a part ofthe public record ofthe hearing.

All communications, reports, correspondence, telephone messages, e-mails, and

other documents which you sent to or received from the City ofKankakee or its agents or Town

•

and Country Utilities, Inc. or its agents, including all dates ofany reports or documents.

All notes, minutes, and other documents of all communications, phone calls and

meetings between Town and Country Utilities, Inc. and you or the City ofKankakee, Illinois, the

Kankakee City Council or their agents relating to the planning, development, and siting of the

facility.

Any and all documents relied upon or reviewed by or received by you the

concerning or relating to the landfill or siting of the landfill which is not contained in the

application or the City ofKankakee public record.

Any and all documents, agendas, computer messages, telephone message memos,

which reference, mention, memorialize or in any way relate to any communications between you

and the City ofKankakee or Town and Country Utilities, Inc.

Any and all documents, correspondence, memoranda, e-mail, computer messages,

telephone message memos, or other evidence, items, records or things in any way referencing or

memorializing any communication ofanyone with you concerning the application, which are not

part of the public record, or the hearing, including any and all drafts of the Hearing Officer’s

report or recommendations that were reviewed or amended by the City of Kankakee, or the

Applicant.

•

Any and all agendas, documents, correspondence, memos, e-mails, computer

messages or the like authored, generated or drafted by any City Council member concerning the

Application.

270384635v1 827167

• 8.

Any and all documents, correspondence, exhibits, memoranda, writings or

recordings in any way referencing the deliberation or consideration of the Application or any

condition upon approval suggested, considered or imposed by Hearing Officer Boyd or the City

Council, its members, agents, employees, attorneys and staff,

Any and all communications, documents, memoranda, recordings, agendas, notes,

or evidence concerning any communication between you or the City ofKankakee and Town and

Country Utilities, Inc., which refers or relates to any potential or actual lawsuit, dispute or claim

against, the County of Kankakee, including, but not limited to any declaratory judgment action

filed by the City against the County, any injunctive action filed by the City against the County,

any other County siting hearing, any civil action or other lawsuit filed against the County, or an

appeal ofany ofthe aforementioned actions or claims.

10.

Any and all communications between you or the City of Kankakee or Town and

Country Utilities, Inc. and Mr. Michael Watson or’Mr. Merlin Karlock, or any agent or employee

ofsaid individuals or any agent, employee, consultant or person affiliated with any company that

Mr. Watson or Mr. Karlock are affiliated with in any way, concerning the County of Kankakee

or an action, suit or proceeding ofwhich the County is a party or participant.

11.

All correspondence, contracts or other communications between each opinion

witness or other witness and you or the City of Kankalcee in connection with the subject matter

of this action.

12.

All releases, covenants or other agreements, promises or understandings

(including any document reflecting or referring to the same) with respect to the subject matter of

this action, which are not contained in the Landfill Siting Application nor admitted into evidence

at the City of Kankakee hearing on the Application.

13.

Any and all communications, documents, reports, recommendations, memoranda,

e-mails, evidence or the like in any way referencing authored, received by or sent to Mr. Ralph

Yarborough, Ph.D.

‘.

• 370384635v1 827167

14.

Any and all communications, documents, e-mails, reports or recommendations

between you, the City ofKankakee, the City Council or its agents, attorneys, staff and employees

and Hearing Officer Boyd in any way referencing Mr. Ralph Yarborough, Ph.D., or any opinion,

recommendation or report ofMr. Yarborough.

15.

Any and all documents or evidence in any way memorializing that a report from

Mr. Ralph Yarborough, Ph.D. was made part ofthe City public record at any time.

Dated:

_________________

Respectfully Submitted,

On behalfof the COUNTY OF KANKAIKEE,

ILLINOIS, and EDWARD D. SMITH,

KANKAKEE COUNTY STATE’S

ATTORNEY,

By: Hinshaw & Culbertson

~chard~~

One ofIts Attorneys

HINSHAW AND CULBERTSON

100 ParkAvenue

P.O.Boxl389

Rockford, Illinois 61105-1389

815/490-4900

470384635v1 827167

AFFIDAVIT OF SERVICE

The undersigned hereby und~rpenalty of 

perjury under

the laws ofthe United States of

America, certifies that on

~ z~

she served a copy of the foregoing

upon:

‘.

Dorothy M. 

Gunn,

Clerk

Illinois Pollution Control Board

James R. Thompson Center

100 West Randolph Street, Suite 11-500

Chicago, IL 60601-32 18

Attorney George Mueller

501 State Street

Ottawa, IL 61350

(815) 433-4705

(815) 433-4913 

FAX

Donald J. Moran

Pederson & Houpt

161 N. Clark Street, Suite 3100

Chicago, IL 60601-3242

(312)261-2149

(312) 261-1149 FAX

Elizabeth Harvey, Esq.

Swanson, Martin & Bell

One IBM Plaza, Suite 2900

330 North Wabash

Chicago, IL 60611

(312) 321-9100

(312) 321-0990 FAX

Kenneth A. Leshen

Leshen & Sliwinski, P.C.

One Dearborn Square, Suite

550

Kankakee, IL 60901-3927

(815)

933-3385

(815)

933-3397 FAX

Christopher W. Bohlen

200 E. Court Street, Suite 602

P.O. Box 1787

Kankakee, IL 60901

(815)

939-1133

(815)

939-0994 

FAX

L. Patrick Power

956 N. Fifth Avenue

Kankakee, IL

60901

(815) 937-6937

(815) 937-0056 

FAX

570384635v1 827167

Byron Sandberg

109 Raub St.

Donovan, IL 60931

byronsandberg(~starband.net

Anjanita Dumas, Clerk

City ofKankakee

385 E. Oak Street

Kankakee, IL 60901

(815)

933-0480

(815) 933-0482 FAX

Claire A. Manning

Posegate

& Denes, P.C.

ill N. Sixth Street

Springfield, IL 62705

(217) 522-6152

(217) 522-6184 FAX

Bradley P. Halloran, Hearing Officer

Illinois Pollution Control Board

James R. Thompson Center, Suite 11-500

100 W. Randolph Street

Chicago, IL 60601

(312)814-8917

(312) 814-3669FAX

•By depositing a copy thereof, enclosed in an envelope in the United States Mail at Rockford,

Illinois, proper postage prepaid, before the hour of5:00 P.M., addressed as above.

•

___

HINSHAW & CULBERTSON

100 Park Avenue

P.O. Box 1389

Rockford, IL 61105-1389

(815)490-4900

cc:

MarilynnMrozynski, C.S.R.

670384635v1 827167