RKS OFFfCE
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
MIJty
2
~
2003
STATE
OF ILLINOIS
PEOPLE OF THE STATE
OF ILLINOIS,
)
°‘~
Control
Board
)
Complainant,
)
)
vs.
)
PCB 96-143
)
(Enforcement
-
Water)
MICHEL GRAIN COMPANY, INC.,
)
alk/a MICHEL FERTILIZER, an
)
Illinois Corporation, CARYLE
)
MICHEL and RONNIE TODD,
)
)
Respondents.
)
MOTION TO
STRIKE
DISCOVERY REQUEST
PURSUANT TO THE INA FACILITY
Now
comes
the Respondent,
Caryle Michel,
d!b/a Michel
Fertilizer
by his
attorney,
Douglas A. Antonik, and states the following in
support of this Motion.
1.
On April 29,
2003, the People of the State of Illinois mailed to Douglas A.
Antonik,
attorney for Caryle Michel, dlb/a Michel Fertilizer,
a Second Request for Production of
Documents and
a third
set of Interrogatories.
2.
Pursuant to the agreement with the State of Illinois, the Respondent, Caryle
Michel, retested thema Facility for contamination as the testing was acceptable to the People ofthe
State of Illinois in determining that no contamination existed at the ma Facility.
3.
Pursuant to the agreement with the State of Illinois, the clean testing ofthe
ma Facility resolved
all
litigation with respect
to
ma as only the Broughton
Facility remained in
contention.
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4.
Tn
the course of these
proceedings, the People of the
State
of Illinois
and
Respondent,
Caryle Michel,
dlb/a Michel Fertilizer,
through
their attorneys, advised the Hearing
Officer of the testing of the Tna Facility and its ultimate satisfactory
report to the State of Illinois.
5.
Respondent, Caryle Michel, d/b/a Michel Fertilizer, moves to strike/objects
to all discovery requests as it relates to the Tna Facility as said issues have been resolved.
6.
Respondent, Caryle Michel, dlb/a Michel Fertilizer has no objections to the
discovery request as it relates to the Broughton Facility.
WHEREFORE,
the Respondent,
Caryle Michel, d/b/a Michel Fertilizer, requests the Board
enter an Order striking and/or restricting the Discovery Request filed upon him by the State
as it
relates to
the Tna Facility.
CARYLE
____
L,
Respondent
BY:
________________________
AS A. ANTONIK
-
#06 190629
ANTONIK LAW OFFICES
1921
Broadway
-
P.
0.
Box
594
Mt. Vernon, IL
62864
Phone:
(618)
244-5739
Fax:
(618) 244-9633
AntonikLaw@charter.net
2
CERTIFICATE OF SERVICE
The undersigned certifies that
a copy ofthe foregoing instrument was served upon:
Angela Eaton Hamilton
Assistant Attorney General
500 South Second Street
Springfield,
IL 62706
Dorothy Gunn, Clerk
Illinois
Pollution Control Board
State ofIllinois Center
100 West Randolph
Chicago, IL 60601
Carol Sudman
Hearing Officer
Illinois Pollution Control Board
600
S. Second St., Ste.
402
Springfield,
IL 62704
William F. Bonan
P.O. Box 309
McLeansboro,
IL
62859
by enclosing in an envelope with postage fully prepaid and by depositing said
envelope in a U.
S.
Post Office mail box in Mt. Vernon, Illinois, on the
/~jLjiayofMay, 2003. The above is true and
correct to the best ofthe undersigned’s knowledge
a.
ANTONIK LAW OFFICES
/
1921
Broadway
-
P. 0. Box 594
Mt. Vernon, IL
62864
Phone:
(618) 244-5739
Fax:
(618) 244-9633
AntonikLaw@charter.net
3