BEFORE
THE
ILLINOIS POLLUTION CONTROL BOAR)
BYRONSANDBERG,
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Ir\?U
II ‘bLl
RECEIVED
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STATE OF
ILLINOIS
CTY OF KANKAKEE, ILLiNOIS, THE CITY) C
N PCB 04 33
Pollution Control
Board
OF KANKAKEE, ILLINOIS CITY COUNCIL,)
ase 0.
-
TOWN AND COUNTRY UTILITIES, INC.,
)
and KANKAKEE REGIONAL LANDFILL,
)
LL.C.,
)
)
Respondents.
)
NOTICE OF DISCOVERY DEPOSITION
On November 14, 2003, at 10:00 a.rn., at Marilynn Mrozynski, C.S.R., One Dearborn
Square, Suite 510, Kankakee, Illinois, the deposition of Richard Simms will be taken before a
notary public (Marilynn 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.
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_—~)
DEPOSITION RIDER
I.
Identify and produce any and all documents, letters, or memoranda which were
read, reviewed, or examined by you or the City of Kankakee regarding the Town and Country
Utilities, Inc. Landfill Siting Application, which either are or are not a part of the public record
of the hearing.
2.
All communications, reports, correspondence, and other documents received or
sent by the City of Kankakee to or from Town and Country Utilities, Inc. regarding the planning,
development, and siting ofthe facility.
3.
All notes, minutes, and other documents of all communications, phone calls and
meetings between Town and Country Utilities, Inc. and you orthe City ofKankakee, Illinois, the
Kankakee City Council or their agents relating to the planning, development, and siting of the
facility.
4.
Any and all documents relied upon or reviewed by or received by you the City of
Kankakee, its officers, Department heads, supervisors and staff or the Kankakee City Council
(including but not limited to its consultants, attorneys or experts) concerning or relating to the
landfill or siting of the landfill which are not contained in the application or the City of
Kankakee public record.
5.
Any and all documents, agendas, computer messages, telephone message memos,
which reference, mention, memorialize or in any way relate to any communications between you
or the City ofKankakee and Town and Country Utilities, Inc.
6.
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 of anyone with Hearing Officer Boyd, which are not part of
the public record, including any and all drafts of the Hearing Officer’s report or
recommendations that were reviewed or amended by the City ofKankakee, or the Applicant.
270384629v1 827167
7.
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.
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.
9.
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 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 ofKankakee 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 Kankakee in connection with the subject matter
of this action.
12.
All transcripts, statements, articles, writings or other documents or tangible items
which City ofKankakee may use at hearing in direct or cross-examination ofany witness.
13.
All releases, covenants or other agreements, promises or understandings
(including any document reflecting or referring tothe same) with respect to the subject matter of
370384629v1 827167
this action, which is not contained in the Landfill Siting Application nor admitted into evidence
at the City of Kankakee hearing on the Application.
14.
Any and all documents or things set forth or referred to in Respondent’s answers
to interrogatories propounded by this or any Petitioner, or which Respondent or Respondent’s
counsel consulted to prepare said answers.
15.
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.
Yarborough, Ph.D.
16.
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. Yarborough, Ph.D., or any opinion,
recommendation or report ofMr. Yarborough.
17.
Any and all documents Or evidence in any way memorializing that a report from
Mr. Yarborough, Ph.D. was made part ofthe City public record at any time.
Dated: ________________
Respectfully Submitted,
On behalf ofthe COUNTY OF KANKAKEE,
ILLiNOIS, and EDWARD D. SMITH,
KANKAKEE COUNTY STATE’S
ATTc~RNEY,
By: Hinshaw & Culbertson
kichar~S.Portei~
One ofIts Attorneys
HINSHAW AND CULBERTSON
100 Park Avenue
P.O. Box 1389
Rockford, Illinois 61105-1389
815/490-4900
470384629v1 827167
AFFIDAVIT OF SERVICE
The undersigned hereby i~nderpenalty ofperjury under the laws ofthe United States of
America, certifies that on
‘~~ v-zi~
t~3
,
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 60601-3218
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 6060 1-3242
(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
570384629v1 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.
111 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) 814-3669 FAX
Via facsimile and by depositing a copy thereof~,enclosed in an envelope in the United States
Mail at Rockford, Illinois, proper postage prepaid, before the hour of 5:00 P.M., addressed as
above.
HINSHAW & CULBERTSON
100 Park Avenue
P.O.Box1389
Rockford, IL 61105-1389
(815)
490-4900
cc:
Marilynn Mrozynski, C.S.R.
670384629v1 827167