BEFORE

TILE

ILLINOIS POLLUTION CONTROL BOAR)

CLERK’S

OFFICE

PEOPLE

OF THE STATE

OF ILLINOIS,

)

SE P

2

92003

Corn

lainant

)

SIAIL

OF

ILLINOIS

)

Pollution

Control

Board

vs.

)

No. PCB

03-73

)

RIYERDALB RECYCLING, NC.,

an

)

Il1i~ois

corporation, and TRI-STATE

)

DISPOSAL, INC., an Illinois corporation,

)

)

Respondents.

)

NOTICE OF FILING

TO:

Ms. DorothyGunn, Clerk, Pollution Control Board,

100 W. Randolph, Suite 11-500, Chicago,

IL

60601

Ms.

Paula Becker Wheeler,

Assistant

Attorney General,

Environmental Bureau,

188

W.

Randolph, Suite 2001,

Chicago, Illinois

60601

Mr. Christopher Grant, Assistant AttorneyGeneral, Environmental Bureau, 188 W. Randolph,

Suite 2001, Chicago, Illinois 60601

Mr. Brad Halloran, Hearing Officer, Pollution Control Board, 100 W. Randolph, Suite 11-500,

Chicago,

IL

60601

PLEASE TAKENOTICEthat on September 29, 2003 theundersigned filedan original and nine

copies of RESPONDENTS RIVERDALE

RECYCLING,

iNC.

AND

Tm-STATE DISPOSAL,

INC.’S ANSWERTO COMPLAINANT’S Fll~ST

SET OF II’4TBRROGATORIES with Ms. Dorothy

Gunn,

Clerk ofthe Illinois Pollution Control Board,

100 W.

Randolph Street, Suite 11-500, Chicago,

Illinois 60601, a copy of which is attached and hereby served upon you.

One ofthe Attorneys for Respondents

MarkA. LaRose

Clarissa C. Grayson

LaRose & Bosco, Ltd.

AttorneyNo. 37346

734 N. Wells Street

Chicago,IL

60610

(312) 642-4414

Fax (312) 642-0434

THIS FILING IS

SUBMITTED ON RECYCLED PAPER

---

BEFORE THE ILLINOIS POLLUTION CONTROL BOARD

~CE~VED

CLE..K’S OFFICE

PEOPLE

OF THE

STATE OF ILLINOIS,

)

SEP

2

9

?003

)

Complainant

)

STATE OF ILUNOIS

)

Pollution

Control Board

VS

)

No. PCB 03-73

)

(Enforcement)

R1VERDALE RECYCLING, INC.,

)

an Illinois corporation,

and

)

TM-STATE DISPOSAL,

INC.,

)

an Illinois corporation,

)

)

Respondents.

)

Tifi-STATE DISPOSAL INC. AND RIVERDALE RECYCLING, INC.’S

ANSWER

TO

COMPLAINANT’S FIRST SET OF INTERROGATORIES TO RESPONDENTS

Respondents, TM-STATE DISPOSAL, INC., (“Tn-State”)and RIVERDALERECYCLING,

INC., (“RRI”) (collectively “Respondents”)bytheir attorneys, LaRose & Bosco, Ltd.,herebyanswer

Complainant’s First Set of Interrogatories as follows:

GENERAL

OBJECTION:

Respondents object to the instructions and

definitions portion ofthe

Complainant’s First Set of Jnterrogatories to

the extent the same seeks or purports to require

information contrary to

or in

addition to

that provided for by the applicable Board rule or by the

applicable rules ofthe illinois

Supreme Court.

Interrogatory No.

1:

Please identif~i:

a.

The

individual(s)

answering

these

interrogatories

on

behalf of

Respondents,

including his or her relationship to

Respondents, and how long he or she has been

associated with Respondents.

b.

Each person who provided information or who otherwise consulted, participated

or assisted in connection with providing answers to these interrogatories, the nature

1

---

of any

such

consultation

or

assistance,

whether the

information was

based

on

personal knowledge, and if not on the basis ofpersonal 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:

a.

Sheryl Germany

Tn-State Disposal,

Inc.

13903

Ms. Germany has been the president

ofTn-State Disposal since January,

Ms. Kristi Vorderer

Riverdale Recycling, Inc.

13901

b.

Tommy Germany

13903

S. Ashland

Riverdale IL 60827

c.

Interrogatory

No.

2

and

No.

10.

Interrogatory No. 2:

Identify the name, address, phone

number, occupation, and responsibilities of any and

all

persons having knowledge of the operations

at the site and/or the facts pertaining to

any

possible open dumping or dumping outside of the permitted area and any of the facts

alleged

in

the

Complaint

filed

in

People

v.

Riverdale

Recycling,

Inc.,

and Tn-State

Disposal,

Inc., PCB 03-73.

Include any and all persons that Respondents intend to call as

witnesses at hearing, including their relationship, if any, to each Respondent.

ANSWER:

2

---

Sheryl Germany

Tn-State Disposal, Inc.

13903

Riverdale IL 60827

Tom Germany

Operations Manager

Tn-State Disposal, Inc.

Riverdale IL 60827

Kristi Vorderer

Riverdale Recycling, Inc.

13901

Robert Pruim

do Riverdale Recycling, Inc.

13901

Riverdale IL 60827

Cliff Gould

Illinois EPA

1701

South First Avenue, Suite

600

James Haennicke

1701 South First Avenue, Suite 600

(708) 338-7900

Interrogatory No.

3:

Pursuant

to

Illinois

Supreme Court

Rule 213(f),

with

respect to

any hearing witnesses,

please state the following:

3

---

a.

The name, address and employer of each witness.

b.

A

summary of the relevant facts within the knowledge of or which

said witness

will testify to.

c.

A

listing

of any

documents

or photographs

which

any such witness

has relied

upon,

will

use

or

which may

introduce

into

evidence

in

connection

with

the

testimony ofsaid witness.

ANSWER:

Sheryl Germany

Tn-State Disposal, Inc.

13903

Riverdale IL 60827

(708) 388-9910

Ms.

Germany

will testify

as

to

her

knowledge

of the

corporate

structure

and

business

administration of Tn-State,

Tom Germany

Operations Manager

Tn-State Disposal, Inc.

Riverdale IL 60827

(708) 388-9910

Mr. Germany willtestify as to his knowledge ofthe dayto daywastestorage operations ofTn-

State, inspections conducted by the IEPA, and conversations with the inspectors.

Robert Pruim

13901

Riverdale IL 60827

(708) 489-1900

Mr. Pruim will testify

as to his

conversation with Cliff Gould

and James Haennicke of the

Cliff Gould

Illinois EPA

1701 South First Avenue, Suite 600

Maywood IL 60153

4

---

(‘708)

338-7900

Mr. Gould will be called

as

an adverse

witness and will testify

as

to his conversation

with

Robert Pruim and Mark LaRose on September 15,

James Elaennicke

Illinois

1701

South First Avenue, Suite

600

Maywood IL 60153

(708) 338-7900

Mr. Haennicke will be called as an adverse witness and willtestify as to his conversation with

Robert Pruim and Mark LaRose on September 15, 1999.

Mr. Haennicke may also be

called

as an adverse witness regarding his inspections at the site and correspondence to or from the

Respondents and their counsel.

Investigationcontinues and Respondents specfficallyreserve theright to supplernentoramend

this response

in

accordance with the applicable Board

Rules, applicable Illinois

Supreme

Court Rules and all orders.

Interrogatory No. 4:

Furnish the

identity and

addresses of all

expert witnesses

who

will testify

at

trial

for

Respondents,

together with the

subject matter on which each expert witness

is

expected

to

testify,

the

conclusions

and

opinions of each expert witness

and the bases

therefore;

and the qualifications ofeach expert witness and

a copy ofall reports ofsuch witnesses.

ANSWER:

Respondents have notyet retained any expertwitnesses.

Investigation continues

and

Respondents

specifically reserve the

right to

supplement on

amend this

response

in

accordance with the

applicable Board

Rules,

applicable Illinois

Supreme Court Rules and all orders.

Interrogatory No.

5:

With

respect to

any

witness(es) interviewed by

Respondents

who Respondents

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,

and provide a summary of the facts

and

opinions relevant to this proceeding which were secured from said witness.

ANSWER:

None.

5

---

Interrogatory No.

6:

Pursuant

to

Illinois

Supreme

Court

Rule

2 13(g), identify

any and

all

opinion witnesses

that Respondents have interviewed and/or expect to

call at hearing. Specify:

1.

The subject matter on which

the opinion witness

is expected to testify as well as

the conclusions, opinion and/or expected testimony ofsuch witness;

2.

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

her professional appointments and associations.

3.

The identity ofeach document examined, considered, or relied upon by him or her

to form his or her opinions.

4.

All

proceeding

in

which

each

opinion

witness

has

previously testified

as

an

opinion witness.

5.

Any and all reports of the opinion witness.

ANSWER:

None at this time. Investigation continues and Respondents specifically

reserve

the

right

to

supplement

or

amend

this

response

in

accordance

with

applicableBoard Rules, applicableIllinois Supreme CourtRules and all orders.

Interrogatory No.

7:

With regard to Riverdale Recycling, Inc.,

state:

a.

The date and state of incorporation;

b.

The names of all officers and directors ofthe corporation and the dates when they

assumed office,

c.

the names and dates of incorporation of all

subsidiary or affiliated

companies, if

any.

d.

the names

and addresses ofall shareholders,

and the relationship between them, if

any.

ANSWER:

6

---

a.

January,

1996, Illinois.

b.

Kristi Vorderer, President and Deborah Breakey, Secretary, assumed their offices in

January,

c.

d.

Knisti Vorderer

13901

S. Ashland

Deborah Bneakey

Riverdale Recycling, Inc.

Ms. Vorderer and Ms. Breakey

are sisters.

Interrogatory No.

8:

With regard to Tri-State Disposal, Inc.

state:

a.

The date and state of incorporation;

b.

The names of all officers and directors ofthe corporation and the dates when they

assumed office,

c.

the names

and

dates of incorporation of all

subsidiary or affiliated

companies, if

any.

d.

the names and

addresses ofall shareholders,

and the relationship between them,

if

any.

a.

December 28, 1995,

Illinois.

b.

On January 2, 1996, Sheryl Germany,President and DeborahBreakey, Secretary, were

c.

d.

Sheryl Germany

7

---

Tn-State Disposal, Inc.

Deborah Breakey

Tn-State Disposal, Inc.

13903

Riverdale IL 60827

Interrogatory No.

9:

Describe the nature of the relationship between Riverdale Recycling,

Inc.

and

Tri-State

Disposal, Inc.

from June

1,

1998

to the present.

ANSWER:

RRI

owns

the land on which Tn-State Disposal operates its

transfer station.

facility.

Interrogatory No.10:

Please describe any conversations with Illinois EPApersonnelby agents ofthe Respondents,

especiallythose with James Haennicke and CliffGould, including the time, date, place, who

was present, what was said,

and whether any written notes or memoranda exist relating to

the conversation.

ANSWER:

On

September

15,

1999,

a

meeting was

held at the IEPA office in

Maywood,

Illinois.

Present at the meeting were Robert Pruim on behalf ofRespondents,

Mark LaRose, attorney for Respondents, and IEPApersonnel Cliff Gould and

James Haennicke.

The substance

ofthe conversation included

a discussion of

the storage oflandscape, construction and demolition material.

Mr. Pruim and

Mr. LaRosewere told thatany unpermitted portion ofthe site could be used for

storage ofconstruction and demolition material pursuantto section 22.38 of the

Act as long as notification was

given to the IEPA and the proper procedures

were followed.

A

memorandum

exists

concerning this

meeting

and

is

in

the possession

of

Mark LaRose, attorney for Respondents. The memorandum

is

privileged under

the attorney workproduct privilege.

The memorandum consists ofone (1) page

and is dated September 15, 1999.

Illinois EPA personnel have conducted inspections approximately twice a year

from

1998-present.

Tn-State

Operations

Manager

Tommy

Germany

was

8

---

present during these inspections and had conversations with inspectors James

Haennicke

and Calvin Harris regardingTn-State Disposal.

He does not recall

the exact dates of each inspection but inspections occurred on March 28, 2003,

October 30,

2002,

March

13,

2002,

October

3,

2001,

March

12,

2001

and

December 2, 1999.

Respectfully submitted,

By:c~JJy~-\C~

~

One ofPlaintiffs

Attorneys

Mark A. LaRose

Clarissa C. Grayson

LaRose & Bosco, Ltd.

Attorney No. 37346

734 N. Wells Street

Chicago,IL

60610

(312) 642-4414

Fax (312) 642-0434

9

---

Sep

~5

03

02:14p

p. ~

~~jUFICATION

1,

Sheryl

Germany, being first duly sworn

on

oath,

deposes

and states as

follows:

L

I

am

the PresidentofTn-Slate

Disposal, Inc,

2.

1

have

read

lhc

foregoing

R~espondent

Tn-State

Disposal,

Inc.

and

Riverdalc

Recycling, Inc.’s Answer to

First

Set of

lntern.gatorics

and

state that the answers

therein

are

truC

and

correct to thcbest ofmy knowledge

and belief.

__-

Sh~’lGerman~

SUUSCR1BED AND SWORN TO

beibre mc this ~

day of

Scptcrnbcr, 2003.

rOfl~iC~AL SEAl)’

~

ROBERT

J. PRUIM

~

Notary Pub~i~

State.of ainolS

Mv

Co

xp~esO9IO1!~4

NOTARY

---

Sep

25

03

02:l5p

p.2

VERIFICATION

1, Kristi Vorderer, being first duly swoiii on oath, deposes and states as follows:

1.

1 an-i

the President ofRiverdaic Recycling,

Inc.

2.

1

have

read

the

foregoing

Respondent

i’ri-State

Disposal,

Inc.

and

Riverdalc

Recycling. Inc.’s Answer to First Set ofIntelTogatories

and statc that the

answers

therein are true and corrcct to the best ofmy knowledge and hclief.

SUBSCRI31~1)A~SWORN TO

before mc this

~-~0

day of

Scpt~inbc~,

2

NOTARfrJUBLIC

“OFFICIAL

SEAL”

~

ROBERTJ.PRUIM

Notary Pubiic, State of Illinois

My

Cdm’ni~s~ion

Expires

09/01/04

---

CERTIFICATE OF SERVICE

The

undersigned,

an

attorney,

certifies

that

a

copy of the

foregoing

RESPONDENTS

RIVERDALE

RECYCLING,

INC.

AND

TRI-STATE

DISPOSAL,

INC.’S

ANSWER

TO

COMPLAINANT’SFIRST SET OF INTERROGATORIES was served upon thefollowingpersons

by placing same in U.S. Mail, postage prepaid, this 29th Day ofSeptember,

2003.

Ms. Paula Becker Wheeler

Assistant Attorney General

Environmental Bureau

188

W. Randolph, Suite 2001

Chicago, IL

60601

Mr. Christopher Grant

Assistant Attorney General

Environmental Bureau

188 W. Randolph, Suite 2001

Chicago, IL

60601

C

One of the Attorneys forResponden

Mark A. LaRose

Clarissa C.

Grayson

LaRose & Bosco, Ltd.

Attorney No. 37346

734 N. Wells Street

Chicago,IL

60610

(312) 642-4414

Fax (312) 642-0434