BEFORE
THE
ILLINOIS POLLUTION CONTROL BOARD
PEOPLE OF THE STATE OF ILLINOIS,
)
)
Complainant,
)
)
vs.
)
No.
PCB 03-73
)
RIVERDALE RECYCLING, INC., an
)
Illinois
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, HearingOfficer, Pollution ControlBoard, 100 W. Randolph, Suite 11-500,
Chicago, IL
60601
PLEASE TAKE NOTICEthat on September29, 2003 theundersignedfiledan originaland nine
copies
of RESPONDENTS
RIVERDALE RECYCLING,
INC. AND TRI-STATE
DISPOSAL,
INC.’S
RESPONSE
TO
COMPLAINANT’S
FIRST
REQUEST
FOR
PRODUCTION
OF
DOCUMENTS, OBJECTS AND TANGIBLETHINGS with Ms. DorothyGunn, Clerkofthe 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 forRespondents
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
TifiS FILING IS SUBMITTED
ON
RECYCLED PAPER
BEFORE THE ILLINOIS POLLUTION
CONTROL BOARD
PEOPLE OF THE STATE OF iLLINOIS,
)
)
Complainant
)
)
-vs-
)
No. PCB 03-73
)
(Enforcement)
RIVERDALE RECYCLING, INC.,
)
an Illinois corporation, and
)
TRI-STATE DISPOSAL,
INC.,
)
an Illinois corporation,
)
)
Respondents.
)
Tifi-STATE DISPOSAL INC.
AND RIVERDALE
RECYCLING INC.’S RESPONSE TO
COMPLAINANT’S FIRST REQUEST FOR PRODUCTION OF DOCUMENTS,
OBJECTS,
AND
TANGIBLE THINGS
TO RESPONDENTS
Respondents, TRI-STATE DISPOSAL, INC. (“Tn-State”) and RIVERDALE
RECYCLING, INC., (“RRI”) (collectively “Respondents”) by their attorneys LaRose & Bosco,
Ltd., herebyrespond to
Complainant’s First Request for Production ofDocuments, Objects and
Tangible Things,
as follows:
GENERAL
OBJECTION:
Respondents object to the instructions and definitions portions of
the Complainant’s First Request for Production ofDocuments, Objects and Tangible Things to
the extent the same seeks or purports to
require information contrary to or in addition to that
provided for by the applicable Board rules or by the applicable rules ofthe Illinois Supreme
Court.
Production RequestNo.1
All documents that Respondents referred to, identified or relied upon in responding to
Complainant’s First Set of Interrogatories to Respondents.
1
ANSWER:
Respondents
object to this request to the extent it seeks documents properly
objected to in Respondents’ response to the Complainant’s
First Set of
Interrogatories.
Subject to and without waiving this objection, the requested
documents will be made available for review and
photocopying at a mutually
convenient time and
date at LaRose & Bosco, Ltd.
Production Request No.
2
All documents that Respondents referred to, identified or relied upon in answering
Complainant’s Complaint.
ANSWER:
See Respondents’ answer to Interrogatory
No.
10.
Production Request No
3
All documents reflecting orrelating to any environmental inspection andlor
environmental audit ofthe subject site withinthe past
5
years.
ANSWER:
Respondents
object to this request
as
overly broad, unduly burdensome,
irrelevant, and not calculated to lead to the discovery of relevant evidence.
Subject to and without waiving this objection, documents regarding the
IEPA’s inspections of the site are already in
the possession ofthe IEPA.
Production Request No.
4
All statements, notes,
and correspondence obtained from any person(s) with knowledge
of the subject matter ofthe Complainant’s Complaint.
ANSWER:
None.
Production Request No.
5
Respondent’s Federal and State Income Tax returns, including
schedules, for the years
2000, 2001 and 2002.
ANSWER:
The requested documents will be made available for review and
photocopying at a mutually convenient time and date at LaRose & Bosco,
Ltd.
Production Request No.
6
The most recent audit made of the financial condition ofthe Respondents.
2
ANSWER:
None.
Production Request No.
6 (sic)
Any and all documents relating to environmental permit applications prepared by or for
Respondents within the past
5
years.
ANSWER:
Documents relating to permit applications
are in
the possession of the IEPA.
Production Request No. 7
Any and all documents relating to environmental permits issued to Respondents within
the past
5 years.
ANSWER:
Documents relating to permits
are in the possession of the IEPA.
Production RequestNo.
8
Any and all documents relating to communications with or between the Illinois Attorney
General’s Office, Illinois Environmental Protection Agency,
and Respondents concerning
the site within the past
5
years.
ANSWER:
All documents
relating to communications with or between the Illinois
Attorney General’s Office are in the possession of the Illinois Attorney
General’s Office.
All
documents relating to communications with or between
the IEPA are in the possession of the IEPA.
Production Request No.
9
Any and all documents relating to meetings with or between the Illinois
Attorney
General’s Office, Illinois
Environmental Protection Agency, and Respondents concerning
the site within the past
5
years.
ANSWER:
See Respondents’ answer
to Interrogatory
No.
10.
Production Request No.
10
Any and all documents relating to the environmental conditions at the facilityincluding
but not limited to
consultant’s reports, notices ofviolation, and property transfer
disclosure reports dated within the past
5
years.
ANSWER:
No consultant’s
reports or property transfer disclosure reports exist and all
notices of violation are in the possession of the IEPA.
3
ProductionRequest No.
11
Any and all documents relating to the management structure ofthe Respondents
at the
Site.
ANSWER:
The requested documents will
be made available for review and
photocopying at
a mutually convenient time and date at LaRose & Bosco,
Ltd.
Production Request No.
12
All manifests and invoices relating to Respondents’s disposal ofwaste taken from the
Site within the past
5
years.
ANSWER:
Respondents
object to this request as overbroad, unduly burdensome,
irrelevant and not calculated to lead to the discovery of relevant evidence.
Production Request No.
13
Any and all documents which the Respondents intend to enter into evidence or otherwise
use at any hearing ofthis matter.
ANSWER:
Investigation continues.
Respondents have
not yet
determined
what
documents it will enter into evidence.
Production Request No.
14
Any and all documents produced by the Respondents during the course ofany suit,
hearing or other legal action filed within the past
5
years.
ANSWER:
Respondents object to this request as overbroad, unduly burdensome,
irrelevant and
not calculated to lead to the discovery of relevant evidence.
Subject to and without waiving this objection,
Respondents are not aware of
any other suits, hearings
or legal actions filed in the past 5 years that could
possibly be relevant to this matter.
4
Mark A. LaRose
Clarissa C. Grayson
LaRose & Bosco,
Ltd.
AttorneyNo. 37346
734 N. Wells Street
Chicago,IL
60610
(312) 642-4414
Fax
(312) 642-0434
5
Respectfully submitted,
By:
C ~
One ofPlaintiff’s Attorneys
CERTIFICATE OF SERVICE
The
undersigned,
an
attorney,
certifies
that
a
copy of the
foregoing RESPONDENTS
RIVERDALE
RECYCLING,
iNC.
AND
TRI-STATE
DISPOSAL,
INC.’S
RESPONSE
TO
COMPLAINANT’ S FIRSTREQUEST FOR PRODUCTION OF DOCUMENTS, OBJECTS AND
TANGIBLE THINGSwas served upon the followingpersons 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
One ofthe Attorneys for Responde
Mark A. LaRose
Clarissa C.
Grayson
LaRose & Bosco, Ltd.
Attorney No. 37346
734 N. Wells Street
Chicago,IIIL
60610
(312) 642-4414
Fax (312) 642-0434