| | - Respondents.
- RECE~VEO
- Control BoardV. ) PCB No. 00-104
- (Enforcement)THE HIGHLANDS, LLC, an Illinois limited
- liability corporation, and MURPHY )FARMS, INC., (a division of MURPHY-
- Respondents.
- COMPLAINANT’S RESPONSE TO RESPONDENT HIGHLANDS’ MOTION TO STRIKE
- COMPLAINANT’S FIRST SET OF INTERROGATORIES TO RESPONDENT HIGHLANDS
- AFFIDAVIT
- PROPOSED PRE-HEARING SCHEDULE
- FACSIMILE COVER SHEET
- 1l~/~
- FACSIMILE COVER SH
- FACSIMILE COVER SHEET
- ~/V~~2 ~y2/~V~
- FACSIMILE COVER SHEET
- FACSIMILE COVER SHEET
- July 25-27, 2001
- October, 1999
- September, 1999
- August, 1999
- Calendar Year 1998
- November, 1998
- 6:20p.m. to 1:30 am.
- - c. “State” shall mean People of the State of Illinois, the complainant herein,
- V INTERROGATORIES
|
V
RECEWED
CLERK’S OFFICE
FEB
252005
OFFICE OF THE ATTORNEY GENERAL
STATE OF ILLINOIS
Lisa Madigan
AVITORNEY GENERAL
February 22, 2005
The Honorable
Dorothy Gunn
Illinois
Pollution Control
Board
State of Illinois
Center
100 West Randolph
Chicago,
Illinois
60601
Re:
People
v.
The Highlands,
LLC., etal.
PCB No.
00-1 04
Dear Clerk Gunn:
Enclosed for filing please
find
the original
and
five copies
of a NOTICE
OF
FILING
and
COMPLAINANT’S
RESPONSE
TO
RESPONDENT
V
HIGHLANDS’
MOTION
TO
STRIKE
COMPLAINANT’S
FIRST
SET
OF
INTERROGATORIES
TO
RESPONDENT
HIGHLANDS
in
regard to the above-captioned matter.
Please file the original and return a file-stamped copy of the
document to our office
in
the enclosed
self-addressed, stamped
envelope.
Thank
you for your cooperation
and consideration.
Very truly yours,
Jane
E.
McBride
V
Environmental
Bureau
500
South
Second Street
Springfield,
Illinois 62706
(217)
782-9031
JEM/pp
Enclosures
500 South
Second Street,
Springfield, Illinois
62706
•
(217)
782-1090
•
‘ITY:
(217)
785-2771
•
Fax:
(217)
782-7046
100
West
Randolph Street,
Chicago,
Illinois
60601
•
(312) 814-3000
•
TTY:
(312) 814-3374
•
Fax:
(312) 814-3806
1001
East
Main,
Curhondule,
Illinois
62901
•
(618) 529-640()
•
~I”1’Y•
(618) 529-6403
•
Fux:
(618) 529-6416
BEFORE
THE ILLINOIS POLLUTION
CONTROL BOARD
RECEVVED
PEOPLE OF THE STATE
OF ILLINOIS,
)
CLERK’S OFFICE
Complainant,
FEB 25
2005
v.
)
PCB
NO. 00~104p~~~
)
(Enforcement)
THE HIGHLANDS,
LLC,
an
Illinois
limited
liability corporation,
MURPHY FARMS, INC.,
)
(a division of MURPHY-BROWN,
LLC,
a
)
North Carolina
limited liability corporation,
)
and
SMITHFIELD
FOODS,
INC., a Virginia
)
corporation)
Respondents.
-
NOTICE
OF FILING
V
To:
Mr.
Jeffery
W. Tock
Mr.
Charles
M.
Gering,
Esq.
Harrington, Tock
& Royse
McDermott, Will
& Emery
201
W.
Springfield Ave.,
Ste.
601
227 West
Monroe Street
P.O.
Box
1550
Chicago,
IL
60606-5096
Champaign,
IL
61824-1550
PLEASE TAKE
NOTICE thaton this date
I
mailed for filing with the Clerk of the Pollution
Control
Board
of the State of Illinois,
Complainant’s Response to
Respondent Highlands’ Motion
to Strike Complainant’s FirstSet ofInterrogatories to
Respondent Highlands,
a copy of which is
attached
hereto and herewith
served upon you.
Respectfully submitted,
PEOPLE OF THE
STATE OF ILLINOIS
LISA MADIGAN
Attorney General of the
State of Illinois
MATTHEW
J.
DUNN, Chief
Environmental Enforcement/Asbestos
Litigation
Division
BY:
~2—r
-&~7~-_~
~—iANE McBRIDE
Assistant Attorney General
Environmental Bureau
500 South
Second Street
Springfield,
Illinois 62706
217/782-9031
Dated:
February 22, 2005
-
CERTIFICATE OF SERVICE
I
hereby certify that
I did
on
February 22, 2005, send
by First Class
Mail, with
postage
thereon fully
prepaid, by depositing
in a
United
States Post Office Box a true and
correct copy
of the following
instruments entitled
NOTICE OF FILING
and
COMPLAINANT’S RESPONSE
TO RESPONDENT
HIGHLANDS’ MOTION TO STRIKE
COMPLAINANT’S FIRST SET OF
INTERROGATORIES TO RESPONDENT HIGHLANDS
To:
Mr. Jeffery W.
Tock
Mr. Charles M.
Gering,
Esq.
Harrington, Tock
& Royse
McDermott,
Will
&
Emery
201
W. Springfield
Ave.
227 West Monroe Street
P.O.
Box 1550
Chicago,
IL 60606-5096
Champaign,
IL
61824-1500
and the original and
five copies by First C!ass
Mail with
postage thereon fully prepaid
of the
same foregoing
instrument(s):
To:
Dorothy Gunn, Clerk
Illinois
Pollution
Control
Board
State of Illinois
Center
Suite
11-500
V
100 West
Randolph
Chicago,
Illinois
60601
A copy was also
sent by
First Class
Mail with
postage thereon fully prepaid
To:
Mr.
Brad Halloran,
Hearing Officer
Illinois
Pollution
Control
Board
State of Illinois
Center, Ste.
11-500
100 West Randolph
Chicago,
IL 60601
~an~E. McBride
Assistant Attorney General
This filing is submitted
on recycled paper.
RECE~VEO
-
BEFORE THE
ILLINOIS POLLUTION CONTROL BOARD
CLERK’S OFFICE
PEOPLE OF THE STATE
OF ILLINOIS
)
FEB
25
2005
STATE OF ILLINOIS
Complainant,
)
POIIUtIO~
Control Board
V.
)
PCB
No.
00-104
(Enforcement)
THE HIGHLANDS, LLC,
an Illinois
limited
liability corporation,
and
MURPHY
)
FARMS, INC.,
(a division of MURPHY-
BROWN, LLC,
a North Carolina limited
liability corporation,
and
SMITHFIELD
)
FOODS,
INC., a Virginia corporation).
)
Respondents.
COMPLAINANT’S RESPONSE TO RESPONDENT HIGHLANDS’ MOTION
TO STRIKE
COMPLAINANT’S FIRST SET
OF INTERROGATORIES TO RESPONDENT HIGHLANDS
NOW
COMES,
Complainant,
PEOPLE OF THE
STATE OF ILLINOIS,
and
hereby
responds to
Respondent The Highlands,
LLC’s Motion
to Strike,
as follows:
1.
On or about November 20, 2000,
the Complainant propounded
its first set of
interrogatories upon Respondent The Highlands, LLC.
The set included
27
interrogatories.
Some of the interrogatories included a
detailed description
of the information requested.
The
interrogatories are worded
so as to thoroughly describe the sort of information expected
to be
responsive to the request, that
is,
the interrogatory includes a detailed
description of the
information requested.
2.
On
July 10,
2000,
in anticipation of the setting
of a pre-hearing
schedule by
the
hearing
officer at the time of a
status conference
to be
held at 11:00 A.M.
on
July
14,
2000,
Complainant faxed
a proposed
pre-hearing schedule
that included
Complainant’s
request to
exceed the Supreme Court Rule 213(c)
limit for the number of interrogatories that may be
propounded,
to opposing counsel.
A copy of that correspondence
is attached hereto
as Exhibit
A.
proposed
pre-hearing
schedule and
request to exceed the interrogatory limit to the
hearing
officer and
counsel for each
party.
A copy of the July 14, 2000 facsimile transmission
documentation
and an
unsigned copy
of the proposed
schedule and
request to exceed the
interrogatory limit, which contains counsel’s
handwritten
notes,
is
attached
hereto as
Exhibit
B.
4.
No
hearing
officer order was
issued
immediately subsequent to the July
14,
2000
status
conference, and
per
Illinois
Pollution
Control
Board
(“Board”)
Clerk,
Dorothy Gunn, no
hearing officer order currently exists in
the Board’s case file on
this matter that is dated
between the dates
of March
3,
2000 and
September 6,
2000.
In fact, per
Ms.
Gunn,
no
documentation exists
in
the file
dated
between
the dates
of March 3,
2000 and
September 6,
2000.
5.
On
August 17,
2000,
counsel for the Complainant faxed to
Hearing
Officer John
Knittle,
information contained within her notes
regarding action taken
at the time
of the July 14,
2000 status conference.
A copy of this facsimile transmission is attached
hereto as
Exhibit C.
6.
In
his
order of September
6,
2000,
Hearing
Officer John
Knittle did
not indicate a
ruling
on the request to exceed the Jimit
on interrogatories.
The September 6,
2000 Order is
.
V
attached
hereto as Exhibit 0.
However,
in counsel for Complainant’s note to
the Hearing
Officer,
she indicates the request was
denied.
It is Complainant’s memory of the discussion
that the Hearing
Office ruled
on the request to exceed the interrogatory
limit,
and advised that
further consideration of the question should
be deferred until the parties actually propounded
interrogatories.
V
7.
Both the Complainant’s and
Respondent Highlands’ first set of interrogatories
were filed
with the Board,
as was the Board’s procedure at
the time the interrogatories were
propounded.
Both requests
are attached hereto
as exhibits.
Complainant’s
First Set
of
Interrogatories
is attached
hereto as
Exhibit
E.
Respondent Highland’s
First Set of
Interrogatories
is attached
hereto as Exhibit
F.
2
8.
-
As
is evidenced
by Complainant’s
request to exceed
the interrogatory limit, it
has
long
been recognized in
this matter that there was
potentially an extensive body of information
concerned within the possession and
control
of
all parties,
that was discoverable
and
relevant to
the allegations and
issues
in dispute and
in question
in this matter.
All
parties have
propounded
very broad
and wide-ranging
interrogatories,
responses to which concern a
potentially extensive amount of information.
Even
such issues as
each entity’s
ownershjp and
control
of the operation
are
relevant to the allegations, as
is evidenced by Respondent Murphy’s
pending
motion
to
dismiss and
Complainant’s response thereto.
Respondent Highlands’
interrogatories are
as broad and wide-ranging
as
the interrogatories propounded
by
Complainant.
Respondent Highlands’
interrogatories contain
many subparts themselves.
Complainant has
not spent time counting
all the subparts
contained
in
Respondent’s
Interrogatories,
but has
instead
invested
its time
in producing
a timely, good faith response to
Respondent’s discovery requests.
Many of Complainant’s
responses consist of the production
of documents, pursuant
to
Supreme Court
Rule 213(e).
Complainant’s request for production
and first set of interrogatories were drafted
to
complement each other, so it is expected
documents
responsive the production
requests will serve
to provide information requested in
the interrogatories.
It
has been expected
all along
that many
of Respondent Highlands’
responses to
Complainant’s
interrogatories will either fully or partially be answered via its
production
of documents.
9.
In
complete defiance of Supreme Court
Rule 201(k),
Respondent Highlands
has
completely failed to
make any reasonable attempt to
resolve differences over discovery with
regard
to
Complainant’s
First Set of Interrogatories.
10.
Supreme Court
Rule 201(k)
requires that every motion with
respect to discovery
shall incorporate a statement
that counsel
responsible for trial
of the case, after personal
consultation
and
reasonable attempts
to resolve differences,
have
been unable to
reach
an
3
accord
or that opposing counsel made
himself or herself unavailable for personal
consultation
or was
unreasonable
in
attempts to
resolve
differences.
Respondent Highlands
has
failed to
make a reasonable attempt to
resolve differences,
in fact,
it has failed to
make
any attempt to
resolve differences,
and
its motion to
strike
does not contain the requisite statement.
11.
The first counsel
for the Complainant heard that
Respondent Highlands
was
refusing to answer any of the
interrogatories and
instead filing
a motion
to strike
all
of the
interrogatories, was
February
14,
2005,
the day Respondent Highlands’
response to the
interrogatories were
due.
As
stated above,
no attempt was
made on behalf of
Respondent
Highlands to
discuss the issue
and
resolve the difference.
Months prior to
the deadline,
counsel for Respondent Highlands asked
counsel for the Complainant
about the relevance of
an
interrogatory concerning siting.
Counsel for Complainant explained the relevance.
Counsel
for the Complainant
also indicated
she would
withdraw the definition
of “significantly”
contained
in Complainant’s
Interrogatory No.
25.
There was no further discussion.
This was the
only
discussion that was conducted
regarding Complainant’s
First Set of Interrogatories to
Respondent The Highlands.
Prior to
February
14, 2005,RespondentHighlands gave no
indication
it would
be
refusing to
answer all of Complainant’s interrogatories.
12.
On Wednesday,
February
16,
2005,
Complainant received
two boxes of
V
documents from
Respondent
Highlands’
in
response to
Complainant
First Request for
Production.
It is expected that at least some
of the documents are
responsive to
the
information sought in
Complainant’s
interrogatories.
13.
It is Complainant’s
position that the Hearing Officer
should set a defined period
of time
in which the parties are to enter into
discussions
in an attempt to
resolve their
differences regarding Complainant’s
First Set of Interrogatories
to
Respondent The Highlands,
such
as a week
or
1 0
days.
At the conclusion
of that period of time, the parties shall indicate
that the differences
have
been
resolved
or the Complainant shall file a
motion to
compel.
It is
4
Complainant’s
position that,
as dictated
by Supreme Court
Rule 201(k),
the parties should
be
required to
make a reasonable attempt to resolve their differences
before motions are filed.
WHEREFORE, on
the foregoing
grounds and for the foregoing
reasons,
Complainant
respectfully requests that the Hearing
Officer set a ten
(10)
day period
of time during
which,
pursuant to Supreme Court
Rule 201(k),
the Complainant and
Respondent Highlands enter into
discussions
in a reasonable attempt to
resolve differences
regarding Complainant’s
First Set of
Interrogatories to
Respondent The Highlands,
and set the matter for status on the
1
1th
day or
as
soon thereafter as is convenient
for the
Hearing
Officer.
Respectfully
submitted,
PEOPLE
OF THE STATE OF
ILLINOIS,
ex rel.
LISA MAD IGAN, Attorney General
of the State of Illinois
MATTHEW
J.
DUNN, Chief
Environmental
Enforcement Division
BY:
V.~2
/‘~JANEE.
MCBRIDE
Assistant Attorney General
500
South
Second Street
Springfield,
Illinois
62706
(217) 782-9031
5
STATE OF
ILLINOIS
)
-
)
SS
COUNTY OF SANGAMON
AFFIDAVIT
I,
JANE
E.
MCBRIDE, after being
duly sworn
and
upon oath,
state as
follows:
1.
I
am the assistant attorney general
assigned
to the matter of
People
v.
The
Highlands, LLC and
Murphy Farms,
Inc.,
PCB
No.
00-104.
I
have
been
lead
counsel
representing the Complainant in this matter since
the case was originally filed
with the
Illinois
Pollution
Control
Board.
2.
Under the penalties as
provided
by
law pursuant to
Section
1-109 of the Code of
Civil
Procedure, the undersigned
certifies that the statements set forth
in
Complainant’s
Response to
Respondent The Highlands LLC’s Motion
to
Strike Complainants
First Set
of
Interrogatories to Respondent The Highlands are true and
correct,
except as to
matters
stated
to
be
on
information and
belief and as to such
matters the undersigned
certifies as
aforesaid
that
he
verily believes the same
to be true.
Further affiant sayeth
not.
V
)
Z.~
JANE
E.
MCBRIDE
Subscribed and
sworn
o
before me
this
~
day of
~i~z,~$
,
2005.
/4~yL
~
NOTAI~YPUBLIC
OFFICIAL
SEAL
PEGGY J. POITEVINT
NOTARY PUBLIC, STATE OF ILLINOIS
MY COMMISSION
EXPIRES 4-16~2OOG
OFFICE
OF
THE
A~TORNEYGENERAL
STATE
OF
ILLINOIS
Jim Ryan
ATTORNEY GENERAL
Mr. Frank H. Hackmann, Esq.
Sonnenschein Nath & Rosenthal
One Metropolitan Square
Suite 3000
St. Louis, MO
63102
Mr. Michael Whelan
600 Pearl Street, Suite B
Boulder, CO
80302
Via
facsimile
July
10, 2000
Mr. Charles M. Gering,
Esq.
McDermott, Will &
Emery
227 West Monroe Street
Chicago, IL
60606-5096
Re:
People
v.
The Highlands LLc, Murphy Farms,
Inc. and Bion
Technologies, Inc,
PCB 00-104
Dear Frank, Chuck and Mike:
Please find
attached a proposed pre-hearing schedule.
Ifwe can come to
an agreement, I
will change the wording so as to
submit it as an agreed proposed schedule.
Please get back to me
at your earliest convenience with your thoughts and comments.
As you know, we have a status
conference with the Hearing Officer this
Friday at
11:00 A.M.,
Central Time.
My understanding
is that either Frank or Chuck will set up
the call.
I would like
to be able to
fax the proposed schedule to Mr. Knittle on~
or before Thursday.
Sincerely,
/,~2_~
/2~
Jane E. McBride
Assistant Attorney General
(217) 782-9033
EXHIBIT A
70~)South
S((,,lttI
Stitet,
Snittt~lIel(l, Illinois
i27t)li
(217)
‘~‘“‘UI(j
.
Yf~t
217
7X3~77I
..\X:
(0)7)
799V79_)h
00
~
0
0,1010(1
Strcr’~(htc.tgsi
l(hn,t~ 61~u
(12)
~),)V9,(~j
rn’
~l2~
~(4V~~7Vl
.
l~\:
(:c12)
5(~V~)t)
~
BEFORE THE ILLINOIS
POLLUTION
CONTROL BOARD
PEOPLE
OF THE STATE OF ILLiNOiS
Complainant,
V.
Respondents.
PCB
No.
00-104
)
(Enforcement)
THE HIGHLANDS,
LLC, an Illinois limited
liability corporation, MURPHY FARMS, iNC.,
a/k/a MURPHY FAMiLY FARMS,
a North
Carolina corporation, and
BION
TECHNOLOGIES,
INC.,
a Colorado
corporation
PROPOSED
PRE-HEARING
SCHEDULE
NOW COMES the Complainant,
PEOPLE
OF THE
STATE OF ILLINOIS,
and submits
the following proposed
pre-hearing schedule:
Interrogatory and document discovery completed
Complainant discloses
final
list of opinion witnesses
Respondents disclose final
list of opinion witnesses
All
discovery completed
Filing deadline for
Motions for
Summary Judgment
Filing deadline for Response
to
Motions for
Summary Judgement
Filing deadline for Replies
to
Responses to
Motions for
Summary Judgment
Tentative Hearing
Dates
October
16, 2000
November
15,
2000
December 15, 2000
February
15,
2001
April
18,
2001
May 9, 2001
May 23,
2001
July 25-27,
2001
Complainant also requests
that the
parties be allowed
to exceed
the Supreme Court
Rule 213(c) limit for number of interrogatories that may be served.
Respectfully submitted,
PEOPLE
OF THE
STATE OF ILLINOIS
JAMES
E.
RYAN,
Attorney General
of the
State
of Illinois
MATTHEW J.
DUNN, Chief
Environmental Enforcement/Asbestos
Litigation
Division
BY:
___________________
JANE
E.
MCBRIDE
Assistant Attorney General
500 South
Second Street
Springfield,
Illinois
62706
(217)
782-9031
Dated:
July 13, 2000
2
Jim
Ryan
ATTORNEY
GENERAL
TO:
OF:
FAX
#:
DATE:
FROM:
OFFICE
OF
THE
ATTORNEY
GENERAL
STATE
OF ILLINOIS
FACSIMILE
COVER SHEET
1
V
-
—
V
~/‘~5~
—i/~,/i~
PHONE:
Total
number of pages,
including
SUBJECT:
MESSAGE:
Office
of the Attorney General
~
En~~ronmental
Bureau
500
South
Second
Street
Springfield,
Illinois
62706
217/782-9031
(Voice)
217/524-7740
(Fax #)
217/782-1097
(Fax #)
cover ~
copy
to
follow:
Yes______
No______
,‘
I
If all
pages
do
not
transmit
properly,
please
contact
the
sender
as
soon
as
possible.
This telefax of attorney-privileged
and/or confidential
information
is
intended
only
for
the
use
of’ the
individual
or
entity
to
which
it
is
addressed.
If you
have received
this telefax in error,
please notify the
sender
at
the telephone
number above.
Be
advised that
the
retention
at
this
telefax
hv
any
unintended
recipient
is str-ictlv
prohibited.
5’,~IlIl
.~‘~i)
~ti~~t
~l)HII~iiel~1.
11111101’
1,1110
1)71
7~1-11~’l,
.
11
t~t~”~7,
7~7-177)
I’A\:
211
~
~
V
P.01
*
-
-
‘
TRANSACTION
REPORT
*
*
JUL—10—00
MON
2:16 PM
*
*
.
*
-FOR:
ATTORNEY GENERAL
2i7
524 7740
/
)~:
‘
*
ROTE
*
*
DATE
START
RECEIVER
TX TIME PACES TYPE
*
JUL—10
2:14
PM
913142595959
132’
4
SEND
OK
.
*
*
_./
*
* * * * * * * * * *
~(
~* * * * *
* * * * ** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** * ** * ** * * * * * *
~**
*
*
* *
*
* *
*
* *
*
* *
*
* *
*
* * *
* * * *
1t(
OFFICE
OF
THE
ATTORNEY
GENERAL
STATE
OF
ILLINOIS
Jim Ryan
ATTORNEY
GENERAL
TO:
OF:
FACSIMILE
COVER
SHEET
C~i~c~
~
FAX
#:
DATE:
FROM:
PHONE:
1l~/~
Office of
the Attorney General
Environmental
Bureau
500
South
Second
Street
Springfield,
Illinois
62706
217/782-9031
(Voice)
217/524-7740
(Fax
#)
217/782-1097
(Fax #)
cover
sheec:s.V..~(
Hard copy
to
follow:
Yes_____
No_____
Total
number
of pages,
including
SUBJECT:
MESSAGE:
If all
pages
do
not
transmit
properly,
please contact
the
sender
as
soon as
possible.
This telefax
of attorney-privileged
and/or confidential
information
is
intended
only
for
the
use
of’
the
individual
or
entity
to
which
it
is
V
addressed.
If you
have received
this telefax
in
error,
please
notify
the
sender
at
the telephone nunther above.
Be
advised
that the retention
of
this
telefax
h4’ any
unintended
iccipicut
is strictly
prohibited.
i’~’.~******~Y
*****~***
~****~‘1:***********’
-
V
-
V
.
..V~1V
P
01
*
V
TRANSACT
1311
REPORT
V
JUL—10—00
MON
2:14
PM
*
*
*
FOR:
ATTORNEY
GENERAL
217 524
7740
;~‘
*
~
DATE
START
I.ECEIVER
TX TIME PAGES
TYPE
NOTE
*
)~‘
.
‘/
*
JUL—~
2:12
PM
913129847700
135”
4
SEND
* * * * * * * * *
~‘
*
* ~* ~~*
*
* *
*
*
*
*
*V
* * * * * * * * * * * * * * ~* * * * * * * * * * * * * * * * * * * *
*V*
* * * *
* * * * * * ** * ** * * * * * * * * * * * * * * ~** * * * *
4’
*
OK
OFFICE
OF
THE ATTORNEY
GENERAL
STATE
OF
ILLINoIs
Jim Ryan
ATTORNEY
GENERAL
TO:
OF:
FAX
#:
DATE:
FROM:
FACSIMILE
COVER
SHEET
~
~
V
•_
~303
-,
~
\3
~Y
p
Office of the Attorney General
O~/m.
i&7/~-1
Environmental
Bureau
500
South
Second
Street
Springfield,
Illinois
62706
PHONE:
217/782-9031
(Voice)
217/524-7740
(Fax #)
217/782-1097
(Fax #)
Total
number of pages,
including
cover sheet.~
Hard
copy
to
follow:
Yes______
SUBJECT:
MESSAGE:
If all
pages
do
not
transmit
properly,
please
contact
the
sender
as soon
as
possible.
This telefax of attorney-privileged
and/or confidential
information
is
intended
only
for
the
use
of
the
individual
or
entity
to
which
it
is
addressed.
If
you
have received
this telefax
in
error,
please notify
the
sender
at
the telephone
number above.
Be
advised
that
the
retention
of
this
telefax
by
any
unintended
recipient
is
strictly
prohibited.
No_____
,!
lli,~~
I,’’’,,
1l7~7.’~’_’)
‘
‘i)
~
7~i_,V~77l
1~\’~~•
~.****A~Ai~(***4,’4,’***’k******~.
~***~
‘
•.
.
4~i41*
~
*****
P01
*
*
TRANSACTION REPORT
*
*
JUL-10-00
MON
2:10
PM
*
*
V
*
*
FOR:
ATTORNEY GENERAL
*
DATE
START
RECEIVER:
TX
TIME
*
JUL—10
2:09
PM
913034433569
1’32”
4
SEND
OK
*
*********************$***********4:
************************************************************
*****
217
524
7740
.
PAGES
TYPE
NOTE
*
*
Environmental
Bureau
500
South
Second
Street
Springfield,
Illinois
62706
Total
number
of pages,
including cover
sheet:
______
SUBJECT:
MESSAGE:
Hard
copy
to
follow:
Yes_____
/‘V~,/
/~7e
,~
co
-
/
p
Y
.1:
If all
pages
do
not
transmit
properly,
please
contact
the
sender
as soon
as
possible.
This telefax
of’
attorney-privileged
and/or
confidential
information
is
intended
only
for
the
use
of
the
addressed.
Ifyou have received
th—
EXHIBIT
B
sender
at
the telephone
number
ah
of
this
telefax
by
any
unintended
recipient
is
strictly
prohibited.
OFFICE
OF
THE ATTORNEY
GENERAL
STATE OF ILLINOIS
FACSIMILE
COVER
SH
Jim Ryan
ATTORNEY
GENERAL
TO:
OF:
FAX
#:
DATE:
FROM:
PHONE:
Office of the Attorney
Gen
1
~
\\\
217/782-9031
(Voice)
217/524-7740
(Fax #)
217/782-1097
(Fax #)
/
~
-
~
1:7
75..1771
l\\:
,1l~’ 51~H
*
‘
P.01
*
*
V
*
*
V
.
TRANSACTION REPORT
JUL—14—2000 FRI
V
10:48
•
~N
*
*
*
*
*
*
DATE
START
RECEIVER
TX TIME
PAGES TYPE
NOTE
M~ DP
*
*
*
JUL—14
10:47
AM
913128143669
56”
3
SEND
OK
426
TOTAL
56S
PAGES:
3
*
Jim Ryan
ATTORNEY
GENERAL
TO:
OF:
FAX
#:
DATE:
FROM:
GENERAL
OFFiCE
OF
THE
ATTORNEY
STATE
OF
IL.uNols
FACSIMILE
COVER
SH
500
South
Second
Street
BEFORE THE iLLINOIS POLLUTION
CONTROL BOARD
THE
HIGHLANDS,
LLC,
an Illinois
limited
liability corporation,
MURPHY FARMS,
INC.,
a/k/a
MURPHY FAMILY
FARMS,
a North
Carolina corporation,
and
BION
TECHNOLOGIES, INC.,
a Colorado
corporation
PROPOSED
PRE-HEARING
SCHEDULE
NOW
COMES
the Complainant,
PEOPLE
OF THE
STATE OF ILLINOIS,
and
submits
the following proposed pre-hearing
schedule:
Initial interrogatory and
document discovery completed
Complainant
discloses
final
list of opinion witnesses
Respondents disclose final
list of opinion witnesses
All depositions completed
Supplemental interrogatory and
document discovery completed
Filing deadline
for Motions for
Summary Judgment
Filing deadline for Response to
Motions
for
Summary Judgement
Filing deadline for Replies
to
Responses
to
Motions for
Summary
Judgment
Tentative
Hearing
Dates
October
16,
2000
November
15,
2000
December
15,
2000
February 15,
2001
March
15,
2001
April
18,
2001
May
9,
2001
May 23,
2001
July 25-27,
2001
‘-~
~)
.
V
L’
7
(0
~
PEOPLE
OF THE
STATE OF ILLINOIS
Complainant,
V.
)
PCB No.
00-104
(Enforcement)
Respondents.
Compiainant also
requests that
the
parties be allowed
to exceed the Supreme Court
Rule 213(c) limit for number of interrogatories that may be
served.
Respectfully submitted,
PEOPLE OF THE
STATE OF ILLINOIS
JAMES
E.
RYAN,
Attorney General
of the
State
of Illinois
MATTHEW J.
DUNN,
Chief
Environmental Enforcement/Asbestos
Litigation
Division
.
V
BY:
___________________
-
~
E.
MCBRIDE
Assistant Attorney General
500
South Second Street
Springfield,
Illinois
62706
(217) 782-9031
Dated:
July
14, 2000
OFFICE
OF THE ATTORNEY
GENERAL
STATE
OF ILLINOiS
Jim Ryan
ATTORNEY
GENERAL
FACSIMILE
COVER
SHEET
V...
~
~/
5~/y/Q
77.
0
FROM:
Office of the Attorney
General
~
Environmental
Bureau
500
South
Second
Street
Springfield,
Illinois
62706
PHONE:
217/782-9031 (Voice)
217/524-7740
(Fax #)
217/782-1097
(Fax #)
Total
number of pages,
including
cover
sheet:______
SUBJECT:
MESSAGE:
Hard copy
to
follow:
Yes______
No______
If all
pages
do
not transmit
properly,
please
contact
the
sender
as soon
as
possible.
This telefax
of attorney-privileged
and/or confidential
information
is
intended
only
for
the
use
of
the
individual
or
entity
to
which
it
is
addressed.
If you
have received
this telefax
in error,
please notify
the
sender
at
the
telephone
number
above.
Be
advised that
the retention
of’
this
telefax
by
any
unintended
recipient
is strictly
prohibited.
TO:
OF:
FAX #:
DATE:
~~l:,il.
~
117
~1l1
1,1).
17
TSV’V1771
~.•\\•
(II)
.~1.’i’
~
*
P.01
*
*
V
V
TRANSACTION REPORT
*
*
*
,.
.
JUL—14—2000
FRI
10:47
AtI
*
*
*
DATE
START
RECEIVER
TX TIME
PAGES TYPE
NOTE
N~DP
*
*
*
*
V
*
JUL—14
10:46 AM 913129847700
45”
3
SEND
OK
425
*
3
TOTAL
:
455
PAGES:
***** ****** EI(************** ******* *** ************* **** *** ********* **** ************ ************E~*E4~*
OrncE
OF
TifE
ATTOR~EYGENERAL.
STATE
OF
ILLINOiS
Jim
Ryan
ATTORNEY
GENERAL
FACSIMILE
COVER
SHEET
V
~
(3~
-,
V
2/,y/~o
-
Office of the At’torncy
General
Environmental
Bureau
500
South
Second
Street
TO:
OF:
FAX
1/:
DATE:
FROM:
OFFICE
OF THE ATTORNEY
GENERAL
STATE
OF
ILLINOIS
Jim Ryan
ATTORNEY
GENERAL
FACSIMILE
COVER
SHEET
J~~/
~
~1
OF:
FAX
#:
DATE:
V
2/
‘~‘~
FROM:
Office
of the Attorney General
Environmental Bureau
500 South Second Street
Springfield, Illinois
62706
PHONE:
217/782-9031
(Voice)
217/524-7740 (Fax #)
217/782-1097
(Fax #)
Total
number of pages,
including
cover
sheet:
______
Hard
copy
to
follow:
Yes_______
No______
SUBJECT:
MESSAGE:
,
j.
If all
pages
do
not
transmit properly,
please
contact
the
sender
as
soon
as
possible.
This
telefax of
attorney-privileged
and/or confidential information
is
V
intended
only
for
the
use
of’
the
individual
or
entity
to
which
it
is
addressed.
Ifyou have received this telefax
in error,
please notify the
sender at
the telephone
number
above.
Be
advised
that the
retention
of
this
telefax
~)yV
any
unintended
recipient
is
strictly
prohibited.
TO:
17;
1~77~1VV.VV
H;
7~V177(
*
‘
.
P.01
*
*
TRANSACTION REPORT
.
*
*
JUL—14—2000
FRI
10:46 ~M
*
*
*
*
DATE
START
RECEIVER
TX TIME
PAGES TYPE
NOTE
M~
DP
*
*
*
*
JUL—14
10:40
AM
913142595959
6’O7”
3
SEND
OK
424
*
*
TOTAL
:
SM
7S
PAGES:
3
*
*
OFFICE
OF
THE
ATTORNEY
GENERAL
STATE
OF
ILLINOIS
Jim
Ryan
ATTORNEY
GENERAL
TO:
OF:
FAX
#:
DATE:
FROM:
FACSIMILE
COVER
SHEET
V
—
•~V
~/V~~2
~y
2/~V~
Office of the Attorney General
Environmental
Bureau
500
South
Second
Street
OFFICE
OF
THE ATTORNEY
GENERAL
STATE
OF
ILLINOIS
Jim Ryan
ATTORNEY
GENERAL
TO:
OF:
FAX
#:
DATE:
FROM:
PHONE:
FACSIMILE
COVER
SHEET
~/~/3
~
7//V/°~
Office
of the Attorney
General
Environmental
Bureau
500
South
Second
Street
Springfield,
Illinois
62706
217/782-9031
(Voice)
217/524-7740
(Fax
#)
217/782-1097
(Fax #)
Total
number
of pages,
including cover
sheet:
______
Hard copy
to
follow:
Yes______
No______
SUBJECT:
MESSAGE:
If all
pages
do
not
transmit
properly,
please contact
the
sender
as
soon
as
possible.
This telefax
of
attorney-privileged
and/or
confidential
information
is
V
intended
only
for the use
of’
the individual
or
entitY
to
which
it
is
addressed.
Ifyou
have
received this telefax
in error,
please notify the
sender
at
the
telephone
number
above.
Be
advised
that
the
retention
of’
this
telefax
hvnnv
unintended
recipient
is
strictly
prohibited.
V
VL
~VVVVV~j
~
~t!)l~t~H.
t;17’
1t7
7s1V~
.
757.177!
.
..\\
l7~
Jim
Ryan
A1TORt’tEY
C,E’1FP~AL
TO:
OF:
FAX#:
DATE:
FACSIMILE
COVER
SHEET
V
‘~
~e_~____
2~
~
~
~—
7~/~/°~
*
*
*
*
*
FROM:
Office of the Attorney
General
~7
Environmental
Bureau
500
South
Second
Street
*
‘
P.01
*
*
*
*
‘
TRANSACTION REPORT
JUL—14—2000 FRI
10:39 ~M
*
*
*
*
DATE
START
RECEIVER
TX TIME
PAGES TYPE
NOTE
M~ DP
*
~
*
*
JUL—14 10:37 AM 913034433589
2’42”
3
SEND
OK
423
*
TOTAL
:
2N 42S
PAGES:
3
OFFICE
OF THE
ATTORNEY
GENERAL
STATE
OF
ILLINOIS
OFFICE
OF
THE
ATTORNEY
GENERAL
STATE
OF
ILLINOIS
Jim Ryan
ATTORNEY
GENERAL
TO:
FACSIMILE
COVER
SHEET
~/7~C9
Office of the Attorney General
Environmental
Bureau
500
South
Second
Street
Springfield,
illinois
62706
PHONE:
217/782-9031
(Voice)
217/524-7740
(Fax #)
217/782-1097
(Fax #)
TOtal number
of pages,
including cover
sheet:_______
Hard copy
to fdIlow:
Yes_______
No_______
SUBJECT:
~
i4-~~.
,..Vr,
~
~
rJ
~
MESSAGE:
V
~
c~p.
~
p
0
p
~
~
~
.‘
I
~
/
~
~
If all
pages
do
not
transmit
properly,
please contact
the
sender
as
soon as
possible.
,Z
~
,-~‘c-/--
o-~,o
This telefax of attorney-privileged and/or confidential information
is
•—~“
~
intended
only
for
the
use
of
the
individual
or
entity
to
which
it
is
addressed.
If you have received
this telefax in error,
please notify the
sender
at
the telephone number above.
Be
advised that
the retention
~
~
of this telefax
by
any
unintended ‘recipient
is
strictly
prohibited.
~
~
EXHIBIT
C
~
~
I
aUu
~)OUL)I
~C))UU
.)U~L.
~pUII~IcIu.
~1706
(217)
782-1000
TDD:
(2171
785-2771
FAX:
(217)
782-7046
)V’,~4,,!~)h
S)re~t.
Ch(c:u~o.
lWnok
6060!
Cl!
Q)
5
4VX)~fl
TDD:
;3
0; 8! 4-3374
-
FAX:
(S12)
81
4V350(i
‘~
OF:
FAX #:~
DATE:
FROM:
~V*V**)~~V~VVAV.
~
Vy~
~
~,8~V~*****
Vx~*~**X*****************~**/~
~~ti:i
P.01
TRANSACTIOH
REPORT
*
AUG-IT-GO
THU
10:50
A~
*
*
POP:
ATTORI\IPY
GENERAL
217
524
7740
*
V
*
*
DATE
START
RECEIVER
TX
TIME
PAGES
TYPE
NOTE
*
:t
AUG—
7
O:~3
‘.M
9l3128l4~8S0
1’50”
~
SEND
OK
t~***
**
~
~
~
** *~
~* ~ ~~
*
Vj;
*
*****~****~ic
** * *****
:k* * * *‘********** ** ***********
*** **
PEOPLE OF THESTATE OF ILLINOIS,
Complainant,
V.
THEHIGHLANDS, L.L.C.,
MURPHY
FARMS,
INC. a/k/a
MURPHYFAMILY
FARMS, and BION
TECHNOLOGIES,
INC.,
Respondents.
)
)
)
)
)
PCBOO-104
)
(Enforcement
-
Air)
)
)
)
)
)
RECVE~VE
CLERK’S OFpr-~
SEp
O~
200ü
STATE
Op ILLJNOfS
Po//Lj~j~
~Ofltr~/
Bø~jr,-i
HEARING
OFFICER
ORDER
Pursuant
to
a hearing officer request, the complainant submitted
a proposed pre-hearing
schedule at the last status
conference.
Following
discussion,
a
prehearing schedule was set.
The following activities
must be completed on or before the dates provided below.
Prehearin,g Schedule
ACTIVITY
Initial written discovery completed
Disclosure ofcomplainant’s opinionwitnesses
Disclosure
of respondents’
opinion witnesses
Depositions completed
Supplemental written discovery completed
Dispositive motions filed
and
served
Responses to dispositive motions filed and served
Replies to responses to dispositive motions filed and
served
Tentative hearing dates
DATE
October 16,
2000
November
15,
2000
December 15,
2000
February
15,
2000
March
15,
2001
April
18,
2001
May 9, 2001
May 23, 2001
July 25-27, 2001
Any pleading not addressed by the discovery schedule is subject to the pleading
requirements contained
within
the Board’s general provisions.
The parties are directed to participate in a telephonic
status
call with the hearing officer~
onOctober 2, 2000, at 10:30 a.m. The status conference shall be initiated by the complainant.
At
the status
conference, the parties must be prepared to discuss the status of the above-
captioned matter and their readiness for hearing.
EXHIBIT
D
In
~
i~
i;~I~ee
.,iTI~
rI~.
V\J~~erI,:,c)~
~citIi 1)is:il~~!iiir:’
~
IflL!
~
•.I)f)II~.•I!~I~
fe~ler:if
:t:i~!
5::ti~.
~
V\
I!!
),~
~
IC)
4~dl.!i6~
i~VVr~,,)).,
I~ulI)I1~
Iu\ih:II\
:,Id.
md
rvj~:~
~homikI
cIlI:I~I
I)
VV.~h~
(CCIII.
(I,Vri~
i
Nc
ll,:ird.
CCI
11)11 \V~~~I
RICfl)kCl)N
Sm..
Sii~e
i
I•51i’i.
C
c:uic
.
l!iIII~,(,).(,Il
V
II IcIcphIc
rIumI)cr 312;XI4-N~)3I
V
IL~
IIIIIllhcr
::t:
Sit.
r
(1)1)
)IIIflI)~I
~flSl4-oi-H~
I\,c
dt~”..
pII~r
he
ILLINOIS POLLUTION CONTROLBOARD
September 6, 2000
2
IT IS SO
ORDERED.
..~-
~j
•~V~
,J6hn
Knittle
(Hearing Officer
Illinois Pollution Control Board
James R. Thompson Center, Suite 11-500
100 West Randolph
Chicago, Illinois
60601
312.814.3473
V
V
3
CERTIFICATE OFSERVICE
It is hereby certified that true copies ofthe foregoing order were mailed, first
class, to each of the following on September 6, 2000:
Charles M. Gering
McDermott, Will&
Emery
227 West Monroe Street
Chicago, IL 60606-5096
Michael Whelan
600 Pearl Street, SuiteB
Boulder, CO 80302
Frank H. Hackmann
SonnenscheinNath& Rosenthal
One Metropolitan Square
Suite 3000
St. Louis,MO 63102
Jane E.
McBride
AssistantAttorney
General
Office of the Attorney General
Environmental Bureau
500 South Second Street
Springfield, IL 62706
It is hereby certified that a true copy ofthe foregoing order was
hand
delivered
to
the following on September 6, 2000:
Dorothy M.
Gunn
Illinois Pollution Control Board
James R. Thompson Center
100W. Randolph St., Ste. 11-500
Chicago, Illinois 60601
Job~
Knittle
l1’earing
Officer
Illinois Pollution Control Board
James R.
Thompson Center
100 West Randolph Street, Suite 11-500
Chicago, Illinois 60601
312.814.3473
—
CLER.K’g
OFFICE
-
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
:..‘
~y
~i
i’
0
..
ififl
STATE
C~F
iLLIl\~)iS
PEOPLE
OF THE STATE
OF
iLLiNOIS
)
V’s,(Jt.
CGr;trr~.
~
Complainant,
v.
)
PCB
No.
00-1 04
(Enforcement)
THE
HIGHLANDS,
LLC, an
Illinois
limited
liability corporation,
MURPHY FARMS,
INC.,
a/k/a MURPHY FAMILY FARMS,
a North
Carolina
corporation,
and
BION
TECHNOLOGIES,
INC.,
a Colorado
corporation
V
V
Respondents.
)
PLAiNTIFF’S
FiRST
SET OF INTERROGATOR1ES
TO
RESPONDENT
MURPHY
FARMS,
INC.
NOW
COMES
Plaintiff,
PEOPLE
OF
THE
STATE OF
ILLINOIS,
ex
reL
JAMES
E.
RYAN, Attorney General of the
State of Illinois,
pursuant to
Illinois
Supreme Court Rule 213,
and
propounds the following interrogatories on
Respondent,
MURPHY FARMS,
INC.
a/k/a
MURPHY
FAMILY FARMS (“Respondent”),
to be
answered
in accordance with
the
illinois code
of Civil
Procedure, the
Illinois
Supreme
Court Rules
on
Civil
Proceedings
in the Trial
Court, and
the following
instructions
and
definitions,
within
28
days of the date
of
service
hereof.
INSTRUCTIONS
(a)
With
respect to each
lnterrogatory,
in addition to
supplying the information
requested and
identifying
the specific documents referred
to,
please identify all
documents or
other evidence
to which you
referred
in
preparing your answer thereto.
(b)
if any
document
identified
in
an answer to an
interrogatory
was,
but
is
no
longer,
in your possession or subject to your custody or
control,
or was
known
to
you,
but
is
no
longer
in
existence, please state what disposition was made of
it or what became
of it.
(c)
if any document
or
statement
is withheld from
production hereunder on the
basis
of
a
claim
of privilege or
otherwise, please idenhfy
each
such
document
and
the
grounds
upon
EXHIBIT
E
which
its
production
is
being
withheld.
(d)
You are reminded
of your
duty under
illinois Supreme
Court
Rule
213(i.)
to
seasonably supplement or amend any answers or responses
to these
lnterrogatories
whenever
new or additional
information becomes
known
to you subsequent
to your answer
or
response.
(e)
You are
further reminded
of your duty
under
illinois
Supreme
Court Rule
213(d)
to
ser’ie a sworn answer
or an
objection to each
Interrogatory.
(f)
If
you
are
unable
or
refuse
to answer any interrogatory completely for any
reason including,
but
not limited
to, because of a
claim
of privilege, please so state,
answer
the
Interrogatory to
the extent possible,
stating whatever knowledge or information
you have
concerning
the portion of the lnterro~atory
which you
do answer, and set forth the reason for
your inability to answer more fully.
V
DEFINITIONS
As
used
in these
Interrogatories,
the terms listed
below are
defined as
follows:
(a)
“Document” or “documents” means any of the following
of which
you
have
knowledge or which
are
nOw or were
formerly in
your actual or constructive possession, custody
or control:
any writing
of any
kind,
including
originals
and
all
nonidentical
copies (whether
different from the originals b~
reason
of any
notation
made
on
such copies or otherwise),
including
without limitation maps,
drawings,
sketches,
blueprints,
aerial photographs,
log
books,
lab reports,
chain-of-custody forms, weather forecasts, correspondence, memoranda,
notes,
desk calendars,
diaries,
statistics, checks,
invoices, statements, receipts,
returns,
warranties,
guarantees,
summaries,
pamphlets,
books,
prospectuses,
interoffice and intraoffice
communications,
offers,
notations of any sort of conversations, telephone calls,
meetings
or
other communications,
bulletins,
magazines,
publications.,
printed matter,
photographs,
computer printouts, teletypes,
telefax, invoices, worksheets and all
drafts,
alterations,
2
modifications,- changes and amendments
to any
of the foregoing; any spreadsheets, database,
correspondence,
e-mail messages,
or other
information of any kind contained
in any computer
or other electronic information storage system;
and
any audiotapes, videotapes,
tape
recordings,
transcripts, or graphic or oral
records or representations of any kind.
(b)
“Possession,
custody or control”
includes the joint or several possession,
custody or control
not only
by the person
to
whom these lnterrogatories are addressed,
but also
the joint or several possession,
custody or control
by each or any other person acting or
purporting to act on behalf of the person, whether as employee, contractor,
attorney,
accountant,
agent,
sponsor, spokesman, or otherwise.
(c)
“Relates to” means supports, evidences,
describes,
mentions,
refers
to,
contradicts or comprises.
(d)
“Person” means
any natural
person,
firm,
corporation,
partnership,
proprietorship, joint
venture, organization, group of natural persons, or other association
separately identifiable whether
or not such
association has a separate juristic existence
in
its
own
right.
(e)
“Identify”,
“identity” and
“identification,” when used to
refer to
any entity other
than a natural
person, mean ~ostate
its
full
name,
the present or
last known address of its
principal
office or place of doing business, and the
type of entity
(e.g., corporation,
partnership,
unincorporated
association).
(f)
“Identify”,
“identity”,
and
identification”,
when used to refer
to a natural
person,
mean
to state
the
following:
1.
The person’s
full name and
present or last known home
address,
home
telephone number, business
address and business telephone number;
2.
The person’s
present title and employer
or other business
affirmation;
and
3
-3.
The person’s employer and
title
at the time
of the actions at
which each
Interrogatory
is directed.
(g)
“identify,” “identity” and
“identification,” when used
to refer to a document,
mean
to state the
following:
1.
The subject of the document;
2.
The
title of the
document;
3.
The type of document
(e.g.,
letter, memorandum,
telegram, chart);
4.
The
date
of the document or,
if the specific date
thereof
is unknown,
the month
and year or other best approximation of such date;
5.
The identity of the person or persons who wrote, contributed to; prepared
or
originated such
document;
and
6.
The
present or
last known
location and custodian of the document.
(h)
“You”,
“Respondent Murphy
Farms”, “Respondent Murphy”,
“Murphy Farms”
or
“Murphy”
means
Respondent Murphy Farms,
Inc.,
a/k/a
Murphy
Family
Farms
including, but
not limited
to,
any
employees, attorneys,
independent contractors,
or other agents
of any kind
of Respondent Murphy Farms
Inc.,
a/k/a
Murphy Family
Farms
or any agency,
branch,
division,
or other department thereof.
V
(i)
“Respondent The
Highlands”,
or “The Highlands” means
Respondent The
Highlands,
LLC,
including,
but
not
limited
to,
any employees, attorneys,
independent
contractors,
or other agents
of any
kind
of
Respondent The
Highlands,
LLC
or any agency,
branch,
division,
or other department thereof.
(j)
“Respondent
Bion”,
or
“Bion”
means Respondent
Bion
Technologies,
Inc.,
including,
but
not
limited
to,
any employees,
attorneys,
independent contractors,
or other agents
of any
kind
of Respondent Bion
Technologies,
Inc.
or any agency,
branch,
division,
or other
department thereof.
V
4
(k)
-
“BioSun
Systems” or “BioSun” means
BioSun
Systems
Corporation,
5775
Wayzuta Boulevard, Suite 700,
Minneapolis,
MN 55416,
including,
but not
limited
to,
any
employees,
attorneys, independent contractors,
or other agents
of any
kind of BioSun
Systems
Corporation or any agency, branch,
division, or other department thereof.
(I)
The
“The
Highlands
facility” or “facility” means the
facility that
is the subject of
this
lawsuit, as identified
in paragraph
six of the
Complaint, located just south
of Williamsfield
in
the
NE
1/4,
Section
10, T.1ON,
R.4E,
Elba Township,
Knox County,
illinois.
The
facility is
a
3,650 sow
farrow-to-wean operation,
comprised of a
gestation building,
breeding
building,
a
farrowing
building,
a
nursery and a finishing
building.
(m)
“Residential structures” means
any
building
utilized
by
the owner of the prope~
in
the normal course
of everyday living,
including
out buildings
and
garages.
(n)
“Complaint” means
Complainant’s Complaint filed
on
December 21,
1999.
V
1NTERROGATOR1ES
INTERROGATORY
NO.
1:
Please
identify
all persons
who assisted
with
the
preparation of your responses
to these
interrogatories, whom
you or your attorney(s) or other
agents consulted
in the preparation of your responses to these interrogatonies, and/or who
otherwise provided any information
used in
the preparation of your responses
to these
lnterrogatories, and
indicate the
Interrogatories
with which each such person assisted or was
consulted or provided information.
ANSWER:
V
INTERROGATORY
NO.
2:
Please indicate
all
alternative sites considered for the
sow
farrow-to-wean
operation that
ultimately became
The Highlands
facility,
all
factors and
5
considerations
that were taken into
account in
the selection
of the present site of The
Highlands
facility and
in any
decision-making regarding alternative sites,
indicate what those factors and
considerations
were
perceived to
be
and
how each factor or consideration weighed
in favor of
or against siting the
facility at the present location.
ANSWER
INTERROGATORY NO.
3:
Please
indicate exactly how the location of neighboring
residents,
including the town
of Williamsfield,
were taken into consideration
in the siting
decision, including
all
analysis of th~
possible
impacts
of odor emanating from The
Highland
facility upon the
individual landowners
and
residents
in the area.
Please include
in your
response the names
of every neighbor or resident taken into consideration, what were
the
factors regarding the location of that
neighbor and
the impact of odor upon that neighbor that
were taken
into consideration,
and
what were the conclusions drawn regarding each neighbor
and
all of the neighbors
in general as to their location
relative
to
The Highlands
facility and the
potential impact of odor emanating from The
Highlands facility upon
each individual neighbor
and
all of the neighbors
in general.. Please
include
whether or not any dispersion
modeling or
other form
of odor, gas or air pollutant dispersion
investigative
work was performed or
conducted,
and
if it was done, please describe
in detail
how
it was conducted
and
the results
of
the work.
V
ANSWER
INTERROGATORY
NO.
4:
Please
indicate the date and
approximate time of each
conversation
or
correspondence
held or exchanged
by
an agent of Murphy Farms
with
any
6
neighbor of the
facility concerning
potential or actual odor emanating from
The Highlands
facility,
with whom
the conversation was
held, the content and
nature of the conversation or
correspondence, and
any
activity
or modification undertaken by
Murphy Farms
or its agent or
agents as
a
result of any such
conversation or correspondence.
V
ANSWER
INTERROGATORY NO.
5:
Please
indicate all alternative plans considered for the
Highlands facility as to
the size. of the physical facility, type and
size of waste
handling, waste
storage and waste disposal system,and
the animal
population,
both
in terms of numbers
and
growth phase;
all
factors
and
considerations that were taken into account in
the selection of the
type and size of the facility, the type and size
of
the waste handling system and size and nature
of the animal population;
and please indicate what those factors and
considerations were
perceived to
be and
how each factor or consideration weighed in favor of or against all
alternatives
considered, the present size and
type of physical facility, the present size and
type
of waste
handling
system (including
both
the
Bion
system
and
BioSun system)
and present size
and nature of the animal population.
V
ANSWER
INTERROGATORY NO.
6.
Please describe any
and
all
modifications
made to The
Highlands
facility in
reaction
to
and
in response to
odor complaints
including
all
tests
and
e~’aluationsconducted
to ascertain the effectiveness and
performance of each, and
any and
all
modifications
to The
Highlands
facility proposed
or considered for the purpose of addressing
odor complaints that were
not or have
not
been implemented.
7
ANSWER
INTERROGATORY NO.
7.
Please set forth
the exact terms of Murphy Farms
contractual arrangement and working agreement
with The
Highlands,
LLC;
any umbrella
contract
or working
agreement
Murphy
Farms
has
with
Bion and
any agreement or contract
Murphy Farms
had with
Bion
specific to The Highlands
facility; any
umbrella contract or working
agreement Murphy Farms
has with
BioSun
and any agreement or contract Murphy Farms
has
with
BioSun
specific to
The Highlands
facility;
please include
all
of Murphy Farms’,
Bion’s
and
BioSun’s
obligations under each respective contract or working agreement.
ANSWER
INTERROGATORY NO.
8:
Please
indicate all involvement of Smithfield
Foods
in and
with The
Highlands facility, including the names
of all
Smithfield
personnel who have
authority
for decisions regarding The Highlands facility and please indicate the nature
and
level
of
authority each such individual has, please
identify
Smithfield personnel who been contacted
regarding The
Highlands, wh~ohave contacted The
Highlands,
who have
visited the site,
who
have been consulted about the site
or who have issued
any opinions, correspondence
or
statements of any
kind
regarding The Highlands facility;
please indicate the
dates of their
employment
with
Smithfield, whether they were originally Murphy or Smithfield
employees and
their current status with
regard
to
Smithfield,
and the subject matter,
nature,
dates,
times
and
duration of their involvement or activity with
or regarding The Highlands facility.
ANSWER
8
INTERROGATORY
NO.
9:
Please
identify
all
Murphy Farms
personnel
who have
authority for decisions regarding The
Highlands facility and please indicate the nature and
level
of authority each such individual
has, please
identify all
Murphy Farms personnel
who have
been directly
involved
in
all decision-making regarding any and
all aspects
of waste
handling,
management, storage and
disposal
at The
Highlands facility and
indicate exactly what aspects
of waste
management
each such individual has
been involved
in
and what decisions each
such
individual has been
responsible
for please;
please
identify
all
Murphy Farms
personnel
who
been contacted regarding The Highlands, who have contacted The Highlands, who have visited
the site, who have been consulted about the site
orwho have issued any opinions,
correspondence
or
statements
of any
kind
regarding
The
Highlands facility;
please indicate the
subject matter, nature, dates, times and
duration of
all
Murphy personnel’s
involvement, contact
or.
activity with
or regarding The
Highlands facility.
ANSWER
V
INTERROGATORY NO.
10
Please indicate the following with
regard
to
all matters
of
ownership of the various eIerr~entsand
aspects of The
Highlands facility and its
operation,
including,
but not
limited to:
which
entity owns
and has control of the
hogs,
and which
entity has
what responsibility for and control
of all
transactions
regarding
all
hogs;
which
entity owns and
has
control of all
inputs to
the hogs, such as medication,
feed, feed additives,
feed
supplements,
veterinary services; which
entity
owns
and
controls each physical facility, piece
of
equipment,
structure; each entity’s
role
in
regard
to labor at the facility, including
training
of the
employees; each entity’s
share
and
interest
in
all
revenues generated; each entity’s
responsibility
regarding liabilities and expenses; each entity’s
responsibility for each aspect of
the business organization and the
agreement that governs
the operation of The
Highlands
9
facility.
-
ANSWER
INTERROGATORY NO. 11.
Please
indicate the
reasoning and factors that form the
basis
for The
Highlands and Murphy Farms
insistence
on
utilizing a partially aerated
system or
biological
additive system
in
its attempts
to
control odors at
The
Highlands facility rather than a
physical system,
such
as
lagoon covers, a covered digester, a solids separator
and aeration
that maintains a
minimum of 2.rnilligrams/liter throughout the system.
ANSWER
VV
V
V
INTERROGATORY NO.
12
Please
indicate the basis for Murphy Farms
refusal to
install physical barriers to the emission
of odor at The
Highlands facility
in
light of
Smithfield’s
and
Murphy
Farms’ recent settlement agreement in
the
State of North
Carolina that
acknowledges
the need for technologies
that are environmentally superior
to lagoons and
sprayflelds
and which obligates
Smithfield and
Murphy to the development
and
installation
of
technologies
in that state
that are
to meet
performance standards
such as substantial
elimination of atmospheric
emissions
of ammonia
and
substantial
elimination
of the emission of
odor
that
is detectable
beyond
the
boundaries
of
the parcel or tract of
land on which the swine
farm is
located.
ANSWER
INTERROGATORY
NO.
13.
Please
provide
a detailed description of the installation and
1.0
initiation of
the BioSun
System at The
Highlands
facility, including timetables,
schedules and
actual
installation and
initiation
dates, and
all
pertinent information as to
all that was entailed
in
the
initiation
of the system
and
all
data, monitoring
information,
sampling,
test results
and
records of any kind that have been generated
and
kept regarding
the
initiation
and performance
of the
BioSun system.
ANSWER
INTERROGATORY NO..
14
Please
indicate the size and
volume of all
livestock waste
handling and storage pits,
lagoons or lagoon cells that have existed at any time at The
Highlands
facility, and the amount of waste
or other material
that, has been contained
in
all
pits,
lagoons or lagoon cells at all times
since the
facility was
brought into operation,
and please
include
all calculations
performed to
arrive at these amounts..
V
ANSWER
V
V
INTERROGATORY
NO.
15:
For both
the Bion
and
BioSun
waste systems,
please
provide the
following:
all
instructions,
guidance and
advice
received at any time from
Bion and
BioSun
personnel;
all management
activities
undertaken with
regard
to each system,
including
schedules established
for all management activities and
the dates such activities were actually
undertaken;
all
performance testing,
sampling
and
evaluations conducted for each system;
identify
and
describe
all
bacteria added to
create
or initiate each system
or modify each
system
and
all other
biological
or chemical
additives,
including
the volume of bacteria or additive placed
in
the system,
the purpose of the bacteria or additive, and the dates each
bacteria or additive
1.1
was placed
in
either system; please indicate and describe all
modifications
made to either
system
and the date the modification took
place;
indicate the size and number of aerators used
at all
times
and any changes made
to
the size or number of aerators
in use and
indicate all
repairs or maintenance
work done on
any and
all
aerators
in use and
the dates of all
repair and
maintenance work done on
the aerators;
indicate the number,
description
and
size of
equipment used for agitation,
the schedule of operation for any equipment used for agitation
and the repair
and maintenance record and schedule for such equipment;
please indicate all
efforts
undertaken
to
keep trash,
residual feed and
farrowing
byproducts out of each system
or
to
manage such materials
in
each system; please identify and provide
all
monitoring and
management information
utilized
for’both
systems
regarding the impact of swine feeding
regimens and use of medications on
each waste management system.
V
ANSWER
INTERROGATORY NO.16.
Please provide
production information
for The
Highlands
facility for all
time since the
facility was placed
into operation.
ANSWER
V
V
INTERROGATORY
NO.
17.
Please
identify
all farmers and contractors
who receive
hogs from The
Highlands facility for feeding
and growing, and
please
list and
indicate the
number of hogs
that
have
been shipped
to
each, please describe the terms of the contractual
or
working agreement that
governs such
relationship
and
all
consideration
or compensation that
has
been exchanged
between
each and
The
Highlands and/or
Murphy Farms
for the
animals
or
services.
-
ANSWER
1NTERROGATORY
NO.
18.
Please describe
all aspects
of any ventilation
systems
proposed
for,, proposed
for but
not
implemented,
and
installed and
utilized
at The Highlands
facility since operations were begun,
including specifications as to
all components including
design
and operating capacities;
all data and records
pertaining
to the performance
and
operation of all
ventilation systems,
or portions thereof, utilized
at The Highlands facility;
and
all
data and
records
pertaining
to maintenance, repair and
modification of the ventilation system
or any portion of the ventilation system utilized
at The Highlands
facility.
ANSWER
V
V
INTERROGATORY
NO.
19.
PleaseproVide
any and
all
weather and
climatic data and
landscape,
terrain or topography data
and
information that has been collected
or generated for
the vicinity of The Highlands facility andthe facility itself,
and please provide any
conclusions
that
have made based
on
this data regarding odor movement or dispersion from the
facility.
ANSWER
INTERROGATORY
NO.
20.
Please provide
the
methodology,
pertinent site
information
and
information regarding
conditions
during
testing,
the
date
and
time
of testing
and
results of
any
sampling
or
testing,
including and particularly
air and odor sampling
and testing
designed
to
1.3
document odors, gases, dust
or insects, performed at The
Highlands
facility and
performed on
or at
any and
all
properties heighboning
or in the
vicinity of The Highlands facility.
ANSWER
INTERROGATORY
NO.
21
Please
provide, from
your records
and information, a
list of
dates and times
where
there have been instances of odor emanating from The Highlands
facility.
V
ANSWER
INTERROGATORY NO.
22:
Please
provide your position as to whether neighbors
of
The Highlands facility have been impacted
by odors emanating from
The Highlands
facility and
whether offensive odors have been generated
at The Highlands
facility or have traveled from
The
Highlands facility to
neighboring
homes,
and please
identify
all information
and
documentation
upon which you
rely
in support of your position.
V
ANSWER
.
INTERROGATORY NO. 23.
Please provide your position as to whether the
neighbors’
complaints of offensive odors emanating from The
Highlands facility are
valid,
and please
identify
all
information and
documentation
upon which you
rely
in
support
of your position.
ANSWER
INTERROGATORY NO.
24.
Please indicate
all production,
ventilation and
waste
management activities
or modifications
undertaken
at The Highlands
facility which
may have
caused
odor to emanate from The Highlands facility on
the dates that are .included
in
Exhibit A
attached hereto.
V
ANSWER
iNTERROGATORY NO. 25.
Please provide your position as to whether
it is technically
feasible
and
economically reasonable to
significantly reduce the incidence of detectable
unreasonably offensive odors generated at The Highlands
facility.
To define “significantly
reduce the incidence of detectable
unreasonably offensive odors” for the purposes of this
interrogatory only, please
utilize an odor objective of 44
hours per year,
which
would mean that
detectable odors would emanate
from
The Highlands facility and
be
detected
at The
Highlands
facility property
line,
at a
maximum of,
44 hours
per year,
or 0.5 percent of the year.
ANSWER
V
INTERROGATORY NO.
26:
Pursuant to
Illinois
Supreme
Court
Rule 213(f),
please
provide
the name,
address and phone
number of each witness who will
testify
at trial
and state
the subject of each witness’s testimony.
ANSWER
INTERROGATORY
NO.
27:
Pursuant to
Illinois
Supreme
Court
Rule
213(g),
please
provide the
name, address
and phone number of each opinion witness who will
offer any
1.5
testimony
and state:
(a)
The subject matter
on
which
the opinion
witness
is
expected
to
testify;
(b)
The conclusions and/or opinions of the opinion witness
and
the
basis therefor,
including
reports of the witness,
if any;
(c)
The qualifications
of each opinion witness,
including
a curriculum vitae and/or
resume’,
if any;
and
(d)
The identity
of any written reports of the
opinion witness
regarding this
Respectfully Submitted,
V
PEOPLE
OF
THE STATE OF
ILLINOIS,
ex. reL JAMES E. RYAN, Attorney General
of the State
of
Illinois
MATTHEW J. DUNN, Chief
Environmental Enforcement/Asbestos
Litigation
Division
BY:
V~
/4~NE E.
MCBRIDE
Assistant Attorney General
Environmental
Bureau
occurrence.
ANSWER:
500
South
Second Street
Springfield,
Illinois 62706
217/782-9031
Dated:
___________
1.6
EXHIBIT A
Calendar Year
2000
November.
2000
November 3
6:45 am.
to mid-afternoon
Oôtober,
2000
October 2
9:15 am. to
9:25 a.m.
October 9
7:05 am.
to 8:30
a.m.
October 10
6:45 am. to
10:25
a.m.
October 11
11:55a.m. to 12:10 p.m.
V
October
14
9:50 am.
to 5:00
p.m.
October17
10:00 a.m.
to 4:00
p.m.
October 18
11:a.m.
to 4:30
p.m.
October
19
V
V
2:00
p.m. to
8:00
p.m.
October20
1:35 p.m. to 4:30 p.m.
.
V
October 24
V
5:40 a.m. to 2:30 p.m.
October 26
11:30
a.m. to
1:40
p.m.
October 27
8:45 a.m. to
1:00 p.m.
V
1.7
~ptember,
2000
September
3,
7,
8,
9
&
10
Odor was present
September 12
1:20 am.
to 5:00 am.
September
13
began
noticing
odor at
2:35
p.m.
September 16
&
17
Odor present
September 18
12:25
p.m.
September 20
,
1:10a.m.
1:35a.m.
odor returned at
12:35
p.m.
August,.
2000
August
1
5:25 am.
to 6:50
p.m.
August 2
5:20 am.
3:20 p.m.
August 5
10:30 p.m. to
11:40 p.m.
August 6
.
V
5:00 am.
to 3:35
p.m.
August 7
8:10a.m. to
11:45 a.m.
August 8
8:40 a.m. to
8:00
p.m.
August 9
5:00 a.m.
to 6:40 am.
August
11
12:05 am.
to
8:35 am.
August13
7:00 am.
to
12:10
p.m.
(On and
Off)
1.8
August
15
9:10
a.m.
to
3:00
p.m.
August18
11:50 am.
to 2:05
p.m.
August 20
5:45
a.m.
to
6:15 am.
August 22
2:40
p.m.
to 3:20
p.m.
August 28
8:30 a.m.
to 8:45 am.
July,
2000
July3
V
12:25
a.m. to
10:00
a.m.
July
4
1:15 p.m.
to 2:00
p.m.
July
9
9:30 a.m.
to
10:45
a.m.
July
12
5:20 p.m.
to
6:10
p.m.
July13
5:15 p.m.
to
9:05
p.m.
July
17
2:10 am. to
1:30
p.m.
July20
4:50 am.
to
3:00 p.m.
July
22
6:10 am. to
8:20 am.
July 25
8:20 a.m.
to 8:25 am.
July 26
1:25 am.
to
3:20 p.m.
July 27
2:30 p.m.
to
4:45 p.m.
19
July28
-
12:01
a.m.
to
1:20 p.m.
July
31
7:25
a.m.
to
8:20 am.
June,
2000
June
6
6:00
p.m.
to 8:20 p.m.
June
8
8:20 am.
to
1:30 p.m.
June11
5:00 p.m.
to 9:00p.m.
June12
V
V
3:45
p.m. to
8:30
p.m.
June
14
1:55
p.m.
to
11:00
p.m.
June
15
7:45
a.~m.to 3:20
p.m.
June
16
4:30
a.m.
to
3:30
p.m.
June
18
8:50
p.m.
to 9:45
p.m.
June 20
7:30
p.m.
to
7:35
p.m.
June
21
3:16 a.m.
to
9:00
p.m.
June
22
12:50 am.
to
10:30 am.
9:10 p.m.
to
12:25
a.m.
June
23
5:10 p.m
to 6:45
p.m.
June 25
6:25 am. to 12:30 p.m.
20
June 26
-
5:10 am,
to
9:30
a.m.
June 27
9:20 am. to 9:20 p.m.
June 28
1:20
a.m.
to
9:20
p.m.
June 29
2:10 a.m. to 9:30 p.m.
10:25 p.m.
to 4:30
a.m.
June 30
4:30 am. to 7:30 a.m.
May,
2000
May
1
6:3 a.m.
to
5:15
p.m.
May 7
10:15 am.
to
5:30 p.m.
May 8
2:05 p.m. to 7:00 p.m.
May9
V
6:25
a.m.
to 2:30
p.m.
May
10
4:45 am.
to
1:30 p.m.
May
12
9:05
p.m.
to
May
14
8:45 a.m. to
9:10 p.m.
May
16
11:00 am.
to 2:00
p.m.
May18
1:00
a.m. to
4:30
p.m.
May22
10:45 a.m. to
6:55 p.m.
21
May23
7:40 p.m.
to
12:00 am.
May 24
12:00 am.
to 6:30 am.
May
25
2:15
p.m.
to 8:35
p.-m.
May 26
10:45 am.
to
6:35
p.m.
April,
2000
April
3
6:10 a.m. to 7:40a.m.
April
5
V
8:45
p.m.
to
10:30
p.m.
April
8
9:00
p.m.
to
10:30 p.m.
April
9
6:35 am.
to 3:20
p.m.
April
16
5:30
p.m.
to
7:30
p.m.
April
20
12:20
p.m.
to 5:05 p.m.
April
22
4:10 am. to 7:20 p.m.
April
26
4:20 p.m. to 5:10 p.m.
April
27
10:20 am.
to
9:30 p.m.
April
28
3:35 am, to 9:25 p.m.
March,
2000
March
3
4:00 am.
to 4:38 a.m.
22
March 4
-
5:30 am, to 5:15 p.m.
March
5
6:00
a.m.
to
6:30 a.m.
March
7
1:10 p.m. to 6:10 p.m.
March 9
12:10 a.m. to
4:30 p.m.
March
5:50 am.
to
6:30 p.m.
March
13
2:40 a.m.
to
9:00
p.m.
March15
1:15 p.m. to 6:30 p.m.
March 24
12:50 p.m.
to 7:30
p.m.
March
27
5:50
p.m.
to 7:00
p.m.
March
31
10:30 a.m.
to
6:30
p.m.
February,
2000
February
2
4:00
a.m. to
9:00
a.m.
February 3
5:50 a.m.
to 9:35 am.
February 5
10:00
a.m.
to
10:10
p.m.
February
8
10:00
a.m.
to
12:30 p.m.
February 9
9:20 am. 2:30 p.m.
February 10
8:00 am. to 11:05 am.
23
February
19
2:05 p.m. to 8:00 p.m.
February 21
5:10 p.m. to 5:20 p.m.
February 24
10:00 am.
to 6:15
p.m.
February 25
7:50
p.m.
to
8:30 p.m.
February 27
9:30 p.m.
to
10:30 p.m.
January,
2000
January
6
10:15
a.m.
to
6:30
p.m.
V
‘
January
10
‘
6:10 am.
to 8:30
p.m.
V
V
January18
11:35a.m.
to
5:17 p.m.
V
January19
10:47a.m.
to
11:30a.m.
V
January21
6:45 am.
to
7:40 a.m.
January30
V
V
8:00 a.m. to
10:30
a.m.
V
V
January31
6:15a.m.
to
1:30
p.m.
CalendarYear 1999
November,
1999
November
1
1:00 p.m.
to
1:30
p.m.
November 3
5:35 am. to 6:00
p.m.
24
November
10
10:00 am. to2:33
p.m.
November
13
7:15
a.m. to
unknown
November 15
10:00 am.
to
12:35
p.m.
November
17
9:25 am.
to
10:15
p.m.
November
19
7:50
a.m. to 2:15
p.m.
November 20
4:45 a.m. to 2:30
p.m.
Ndvember 22
6:55
a.m.
to 8:30
a.m.
November 23
1:15
a.m.
to 3:05
p.m.
November 27
8:15 a.m. to
9:45 am.
October, 1999
October 5
2:00
p.m. to 4:55
p.m.
October 8
2:05 p.m.
to 3:06
p.m.
October 10
7:35 a.m.
to 2:00 p.m.
October 13
6:45 a.m. to
7:05 a.m.
October
18
10:20a.m.
to
1:15
p.m.
October19
11:35 am.
to
1:30
p.m.
October20
V
8:30 a.m. to
5:30
p.m.
25
October
21
12:05
p.m. to2:00
p.m.
October
24
11:53a.m.
to
1:30
p.m.
October 25
1:00
p.m.
to 4:00
p.m.
October 28
9:05
a.m.
to 6:35
p.m.
October 30
12:35
p.m. to
7:44
p.m.
October 31
5:35 p.m.
to 6:30
p.m.
September,
1999
September 4
7:14 p.m.
to 8:05
p.m.
September 5
8:14 a.m.
to
12:30
p.m.
September
6
7:50
p.m.
to
9:20
p.m.
September
8
6:25 am.
to
10:00
p.m.
September
9
4:45
a.m. to
1:00
p.m.
September
10
8:22
am.
to 7:00
p.m.
September 12
12:20 p.m.
to 2:37
p.m.
September
13
6:30 am.
to 2:15
p.m.
September
15
3:22 a.m.
to 4:15 am.
September
18
3:55 p.m.
to 4:30
p.m.
26
September ~
6:35 am.
to
8:00
p.m.
September 26
7:02
p.m.
to
7:45 p.m.
September 30
10:15
a.m.
to
11:00
p.m.
August,
1999
August
1
V
5:30
a.m. to
8:00 a.m.
August
3
7:20
a.m.
to 8:00a.m.
-
12:00
p.m. to
5:30
p.m.
August 4
.
3:23
a.m.
to 6:00 a.m.
August
5
3:35 am, to
7:00 am.
August 6
V
3:37 a.m. to
11:18
a.m.
August 7
8:57 a.m.
to 9:20 a.m.
August 9
...
1:15 p.m.
to 2:00
a.m.
August10
V
5:46 a.m. to
8:21
a.m.
V
V
August
11
11:13 am.
to
12:00
p.m.
August12
3:15
p.m. to 4:00
p.m.
V
August13
1:32 a.m. to
7:10
a.m.
August18
6:30 am.
to 7:45 am.
August 21
12:10 p.m.
to
1:30
p.m.
27
August23
V
6:15
p.m.
to 7:30
p.m.
August 26
3:57 am.
to
5:00 a.m.
August
27
5:38 am. to
4:22
p.m.
August 28
4:25 am.
to
12:23
p.m.
July,
1999
July
1
9:00 am.
to 7:35
p.m.
July
7
5:12 am. to
11:21
p.m.
July
9
4:40 am.
to
10:45 p.m.
July
12
6:20
p.m. to
1:30
a.m.
July
13
8:20 a.m.
to
3:30
p.m.
July
17
2:41
am.
to
10:00
p.m.
July
19
7:35 a.m. to 6:300
p.m.
-
9:30
p.m.
to
1:01
am.
July
21
7:30
a.m. to 3:20
p.m.
July
22
7:55 am
to
9:26
p.m.
July
23
1:05
a.m. to 3:25
p.m.
July 26
7:52 am. to
9:00 am.
-
10:45
a.m
to
12:41
am.
July 27
5:02 p.m.
-
went away
28
July 28
6:28 am.
to 6~40a.m.
-
7:300
p.m.
to
11:00
p.m.
July 30
12:53 am. to
11:05
a.m.
July31
5:50
a.m.
to 4:30
p.m.
June,
1999
June
1
12:30 p.m.
to 7:00
p.m.
June 2
6:00 am.
to
10:00
a.m.
June7
V
12:35
p.m.
to 2:00
p.m.
V
June
10
1:30 p.m.
to 4:00
p.m.
June11
V
4:35
p.m.
to 9:00
p.m.
June
12
9:00 am.
to
11:30
p.m.
June
16
12:45 p.m.
to 2:35
p.m.
June
17
4:50
p.m. to
6:00
p.m.
V
June18
6:15
p.m.
to 7:10
p.m.
June
19
off and
on
all day
V
June 22
2:30
p.m.
to 6:40
p.m.
June 23
4:20
a.m.
to
9:55 a.m.
June 25
9:20 a.m.
to 9:55
a.m.
29
June
26
11:20a.m.
to 1:15p.m.
June
27
11:15 am,
to
12:10
p.m.
June 29
7:50
a.m.
to
12:20
p.m.
June
30
4:20 am.
to 7:35 am.
May,
1999
May
5
2:30 p.m.
to 6:00p.m.
May13
V
V
4:30 p.m.
to
8:15 p.m.
May
15
2:30
p.m.
to
6:00
p.m.
May
16
7:00
a.m.
to
12:00
p.m.
May
19
9:30 am.
-
off and
on
all
day
May 24
9:00
a.m.
to
10:00 am.
May28
10:00 am.
all day
May 31
6:00
a.m.
to 8:00 am.
April,
1999
V
April
1
All
day
April 2
9:00a.m.
to 10:00a.m.
-
11:00 am.
to 2:15 p.m.
April
6
12:15 am.
to
11:30
p.m.
30
April 7
3:30
p.m.
to
9:00 p.m
April
8
7:10
p.m.
to 9:30 p.m.
April
9
6:10 am.
to
6:30 p.m.
April11
7:00
a.m. to 2:00
p.m.
April
12
1:30
p.m.
to 2:35
p.m.
April
13
7:00 am.
to 3:37
p.m.
April
16
11:45a.m.
to
5:00
p.m.
April
17
6:40 am.
to
1:15
p.m.
April18
7:05 am.
to 5:30
p.m.
April 20
9:30 a.m. 50
12:50
a.m.
April
22
2:00
p.m.
to
3:10 p.m.
April 25
All day
April 26
7:00a.m.
to
1:00 p.m.
March,
1999
March
1
2:10
p.m.
to 4:30
p.m.
March
15
1:00 p.m. to
3:15 p.m.
March
17
10:00 a.m.
to
1:30
p.m.
31
March
29
8:10 am.
-
February, 1999
February 7
3:00 p.m.
to 4:30 p.m.
February 9
3:00
p.m. to
6:15
p.m.
February
12
11:00 a.m.
to 3:30
p.m.
February
13
7:00 am.
to 3:30
p.m.
February
17
7:40
p.m.
to 9:55
p.m.
January,
1999
January16
10:30
a.m.
to
5:50 p.m.
January 22
9:40
a.m.
to 5:00
p.m.
January 24
7:15
am. to
2:30
p.m.
-
Calendar Year
1998
December,
1998
V
December 8
8:00 a.m. to
7:00
p.m.
December 9
12:10 p.m.
to
3:30
p.m.
V
December
10
7:45
a.m.
to 3:00
p.m.
December
11
8:00 a.m. to
4:55
p.m.
December
14
9:50 am.
to 5:50
p.m.
32
December
15
4:40 am. to 5:50
p.m.
December
17
6:55 am.
to 6:50
p.m.
December
18
1:20
p.m.
to 7:35
p.m.
December 22
5:45
p.m.
to
December 23
6:50
p.m.
to
11:00
p.m.
December 24
4:30 p.m.
to 6:22
p.m.
December
31
,
9:00
a.m. to 9:00
p.m.
November, 1998
November
10
8:45 am.
to 8:00
p.m.
November
11
5:45 am.
to 4:30
p.m.
November
12
12:05 p.m to 2:50
p.m.
November
13
2:50 am,
to 4:35
p.m.
November 15
10:00 p.m.
to
1:30 am.
November 23
.11:30 p.m.
to 9:00
p.m.
November 25
7:25 am.
to 5:30
p.m.
November 26
7:35
p.m.
to
9:30 p.m.
November 27
11:30 am,
to
2:00 p.m.
33
October,
1998
October 7
7:25 am.
to 8:35 am,
October18
7:40 am.
to all day
October19
8:20 a.m.
to
1:30
p.m.
October 20
7:40 am.
to 9:30
a.m.
October 21
6:30 a.m.
to 9:30a.m.
October 22
,
1:35 p.m.
to 4:37 p.m.
September,
1998
September
1
5:15 a.m.
to
11:30
p.m.
September 2
1:14
p.m. to
8:30 p.m.
September 6
2:10
p.m.
to 3:48
p.m.
September 7
5:02 a.m.
to
6:30 a.m.
September
11
10:15 a.m, to
2:27
p.m.
September
12
8:15 am.
to
6:25 p.m.
September 13
6:15 p.m.
to
10:30
p.m.
September 14
10:12 p.m.
to
10:51
p.m.
September 15
4:37 am.
to 8:10 a.m.
V
V
-
-
34
September 18
7:15
p.m.
to
8E’20 p.m.
September 19
2:15
p.m.
to
9:30 p.m.
September 27
6:35 am.
to
9:30 am.
September 29
7:35 am.
to 2:30 p.m.
September 30
8:00
a.m.
to
5:10 p.m.
August,
1998
August 4
V
8:15
p.m. to
9:00
p.m.
August 5
11:55a.m.
to
12:30 p.m.
August 6
6:10 p.m.
to 9:30
p.m.
August 7
2:05
p.m.
to 2:50
p.m.
August 9
8:35 p.m.
to
10:05
p.m.
August10
10:50 a.m.
to
10:45 am.
August
14
V
5:45 a.m. to
12:30
p.m.
August15
7:15 am.
to 7:30
p.m.
August16
5:25 am.
to 9:30 am,
August
17
9:30 a.m.
to 3:28
p.m.
August 20
7:25 am,
to 2:00 p.m.
35
-
V
~
-
~
-
~
~
—~--‘
-.‘.--
.
..-.~
-
August 21
9:56
a.m. to
5:25 p.m.
August 24
9:55 am. to 2:30
p.m.
August 28
9:22 am.
to
11:30 p.m.
August 29
6:04
a.m.
to
7:29 p.m.
July,
1998
July
1
9:00 am.
to 7:35p.m.
July2
V
V
5:20
p.m. to 7:00
p.m.
V
July
3
6:40
p.m.
to 7:05
p.m.
JuIy5
12:33
p.m.
to
3:30 p.m.
July
6
7:23
p.m. to
12:05
p.m.
JuIy7
5:12 am. to
8:29 p.m.
July 9
8:10 am, to
9:00 p.m.
July
12
6:20
p.m.
to
1:30 am.
July
13
8:15 p.m. to
9:45
p.m.
V
July
14
7:35
a.ni.
to 6:30
p.m.;
9:30 p.m.
to
1:00 am.
July15
V
11:00 am. to
8:00 p.m.
July
17
2:00 p.m.
to
5:55 p.m.
36
July
19
11:20 am.
tO
10:00 p.m.
July
21
7:30 am.
to
3:20 p.m.
V
July 22
7:55 am. to
9:20 am.
July
23
10:55 am.
to 3:25 p.m.
July
26
7:52 a.m.
to 9:00 am.;
10:45
p.m.
to
12:40
a.m.
July27
5:02 p.m.
July28
6:28 a.m.
to 6:40 a.m.; 7:33
p.m.
to
11:00
p.m.
July
30
12:55
a.m.
to
11:05
p.m.
July
31
5:50
a.m.
to 4:30
p.m.
V
June,
1998
Junel
12:30
p.m.
to
7:00 p.m.
June2
‘
6:00 am.
to
10:00
a.m.
V
June 7
12:35
p.m.
to
2:00 p.m.
June
10
1:30 p.m.
to 4:00
p.m.
V
June
11
4:35 p.m.
to
9:00 p.m.
June
12
9:00 am. to
11:20
p.m.
June15
4:50 am.
to
6:00 p.m.
37
June
16
12:45
p.m. td3:35 p.m.
June
18
6:15 am.
to 7:10
p.m.
June
19
7:24 am. to
5:00 p.m.
June 22
2:30 p.m.
to
6:40
p.m.
June
23
11:30 am.
1:05 p.m.
June26
V
11:15
a.m. to
12:00
p.m.
June 27
11:15 am. to
12:10 p.m.
June
29
7:59 a.m.
to
12:20
p.m.
June
30
4:20 am.
to
7:35 am.
May, 1998
MayS
2:30 p.m.
to 6:00
p.m.
May
13
4:00
p.m.
to
5:00 p.m.
May 15
7:30 p.m.
to
11:30
p.m.
May
16
7:00 am. to
12:00
p.m.
May
17
9:30 am. to
all day
May 24
9:00
a.m.
all
day
May 28
7:00 a.m.
to 9:30 am.
38
0)
(0
__________
___________________________
____________
~Q)
Ofl)
a~
o’
‘~
9J~
S
0
0
0
9)
BEFORE THE
ILLINOIS POLLUTION
CONTROL BOARD
PEOPLE OFTHE STATE OF ILLINOIS
.
)
)
Complainant,
)
PCB
No. 00-104
)
(Enforcement)
v.
)
)
THE HIGHLANDS,
LLC,
an
Illinois limited
)
Liability corporation, MURPHY
FARMS, INC.,
)
a/kia
MURPHY FAMILY
FARMS, a North
)
Carolina corporation, and BION
)
TECl-Th.~OLOGIES,INC.,
a Colorado
)
corporation
)
)
Respondents.
V
V
RESPONDENT HiGHLANDS, LLC
V
FIRST SET
OF INTERROGATORTES TO
COMPLAINANT
Respondent Highlands,
LLC, pursuant to Illinois Supreme Coun Rules
201
and 21.3,
hereby demands that Complainant. People ofthe
State of Illinois.
ex ret.
James E. Ryan.
Attorney
General ofthe
State ofIllinois.
answer the following interrogatories within
28
days of the date of
service hereof.
V
DEFINITIONS AND INSTRUCTIONS
V
I.
In construing and
responding to these interrogatories. the following words and
phrases, unless otherwise indicated, shall have the following
meanings:
a.
“Person”
means any individual,
firm,
association, corporations, company,
partnership,joint venture, business organization, or any
other entity, including, without
limitation,
any party to
this
action.
V
b.
“Document” shall have the meaning given to it
in Illinois
Supreme Court
Rule 201(b)(l).
—
EXHIBIT
F
-
c.
“State” shall
mean People of the
State of Illinois, the complainant herein,
along with
its employees,
officers, divisions, departments, agencies,
affiliates, attorneys, and
any
other person(s) acting
or purporting to
act on
its behalf
V
d.
“Murphy”
shall mean Murphy
Farms,
Inc., respondent herein, along with
its predecessors,
affiliates, divisions, parents,
subsidiaries, successors, associates, directors,
officers, agents, employees,
servants, attorneys, and any
other person(s) acting or purporting to
act on
its
behalf.
e.
“Highlands” shall mean Highlands, L.L.C., respondent herein, along
with
its predecessors.
affiliates, divisions, parents, subsidiaries, successors, associates.
directors,
officers. agents, employees,
servants,
attorneys, and any
other person(s) acting or purporting to
act
on
its behalf.
V
V
V
f.
“Bion”
shall mean Bion Tec~ologies.Inc.,
respondent herein, along with
L
its predecessors.
affiliates, divisions, parents,
subsidiaries,
successors, associates. directors.
officers, agents, employees,
servants.
attorneys.,and
any’ other person(s) acting or purporting to~
act
on
its behalf.
g.
“Highlands Farm” or “Farm” means the farm that
is the subject of this
enforcement action.
as identified in paragraph 6 of the complaint,
located south
of Williamsfield,
in Elba Township,
Knox County, Illinois.
h.
“Refer,” “refers to,” “refe~ngto,” “relates,” “relates to,” “relating to,”
“concerns,”
“concerning,” ‘~associated,’and
“associated
with”
shall be interpreted to encompass
that which
is legally, logically,
factually, or in any way connected
to, in
whole or in part, the
subject matter identified so as to.be included within the scope ofdiscovery set
forth
in Supreme
Court Rule 201.
-2-
-
i.
“And”
as
well as “or” shall be construed either disjunctively or
conjunctively as necessary to
bring within the scope of a request any
document which
might
otherwise be construed as outside its
scope.
V
j.
The singular form of any and all
words shall
include the plural, and the
plural shall
include the singular.
k.
“Communication” means
any transfer or exchange of information or ideas
which
is
made orally, electronically,
by document, or otherwise, and
which
occurs in
a face-to-
face meeting.
by
ielephone,
by
mail,
by’ personal delivery, or by
any other means.
1.
“Statement,”
when used in connection with
a
witness, shall
include
any
and all
oral or \vrirten communications ofany kind or nature, whether formal
or. informal, and
whether made in the context of a formal or informal
interview, telephone conversation,
computer
e-mail, or
any other format, including but not
limited
to any
discussions, interviews, responses to
questions,
volunteered infor-rnation
or unsolicited
reports.
.
m.
“Possession.
custody, or control”
shall mean joint
or several possession.
custody, or control not
only
by’
the person to whom this request for production
is addressed. but
alsojoint or several possession, custody,
or control
by each or
any
other person acting or
purporting
to act on that person’s behalf,
whether as employee, contractor, attorney,
accountant,
agent, sponsor, spokesman, or otherwise.
n.
“You” or “your” means the State
(see
definition of “State”
above).
2.
For any information that is withheld based on a claim ofprivilege, please expressly
state
the claim of privilege,
state the specific basis ofthe claim ofprivilege, describe the
information withheld including
the nature and general
subject matter ofthe information, and
provide the factual basis for your claim of privilege with respect
to such information.
3
!‘5~~~
all
facts”
shall mean to state all
facts.discover~ableunder the
Code of Civil
Procedure which are known
by
the person(s) answering these
interrogatories
or
which
such
person(s) can obtain.
4.
“Describe in detail” shall mean to set forth with particularity the facts or events being
requested including, when referring
to an act, discussion, communication, meeting or event,
a
complete description
of:
a.
when
and
where
it
occurred;
b.
who was present
and involved (including
the identity, employment,
business title, and
responsibilities of each participant);
c.
what
was said
or done by each
ofthe participants;
V
d.
whatever
information
on setting,
context,
or surrounding
circumstances
is
necessary’ to make the description
complete. accurate, and not misleading; and
e.
the purposes
and results ofthe conduct or event being described.
5.
“Identify,” when used in reference to
a document, means to
state:
a.
the nature or type of document;
V
b.
a brief description ofits
contents;
V
c.
the name, business address, job title and
responsibilities ofthe author and
ofeach person who has made any notation th~reon,or has signed
or initialed the document;
d.
the date ofthe document;
e.
the
name,
business address,job title and responsibilities of each
recipient
and
designated recipient of the document
or any copy thereof;
f.
the name, business address,job title
and
responsibilities of any person
who now has (or is last known to
have had) possession,
custody or control of the document;
and
-4-
-
g.
whether the document will be withheld under a claim ofprivilege or
otherwise,
and
the legal
or factual
basis
for any
such claim.
6.
“Identify,” when used in reference
to
a person, means to
stale the person’s full name,
present or last
known
business and
home addresses and telephone numbers of employer, or
business or professional affiliation,job title, position or vocation.
7.
“Identify,” when used in reference
to an entity, means to
state its full name,
form
of
the business (corporation or other), the address ofits principal office or place of business, and its
telephone number.
8.
These interrogatories are continuing;
supplemental answers must
be served
between
the date these interrogatories are answered and the time of the hearing in this
matter.
9.
If any’ interrogatory cannot be
answered
fully, as full
an
answer as possible should be
provided.
As to
any’ partial answer,
state the reason(s) for your inability to answer fully and
give
any’ information, knowledge, or belief regarding the portion unanswered.
V
V
INTERROGATORIES
1.
Identify
any person
who participated,
assisted, wasconsulted,
or provided
any’
information
used, in the preparation ofyour answers to these incerrogatories, and
identify
all
documents consulted in the preparation of your answers to
these interrogatories.
2.
Describe
in detail
all
information relied
upon in preparing the Complaint
in this
matter, and identify all documents
constituting or relating to such information.
3.
Identify all
communications between the State
and any other
person concerning the
Highlands
Farm, and
identify all documents concerning such communications.
-5-
4.
tdentify
all
communications between
the State and
any other person concerning odors
associated
with
the Highlands Farm,
and
identify all
documents concerning such
communications.
V
V
5.
Identify and describe in
detail
all
complaints made by any
person concerning odors
associated with the Highlands Farm,
and
identify all
documents concerning
such complaints.
If-V
6.
Describe
in detail
any testing,
sampling, observations, or any
other analysis
k
concerning
wastes, waste treatment, air quality, and
odors at or in the vicinity ofthe Highlands
(~~1~j
Farm.
and
identify all documents relating to any such testing. sampling, observations, or other
~
analy’sis.
,
V
V
7.
Identify any photogtaphs, videotapes, drawings, maps, or other pictorial
representations of any kind relating to the Highlands Farm.
8.
Describe
in detail
an)’ site visit, inspection, or other observation,
by
any person. of
conditions
at or in the vicinity ofthe Highlands Farm,
add
identify’ all
documents relating to
any
such site visit, inspection, or other observation.
V
V
9.
Identify’ all livestock farms in the State
of Illinois
which
utilize biological
treatment
systems for
treatment of livestockwaste and describe in detail the’sy’slems in place on each such’
farm.
10.
Identify all
weather, climatic, landscape, and topographical information or data that
has been
collected or generated relating to
the location and vicinity ofthe Highlands Farm,
describe in
detail
all
theories or conclusions of any person that have been made based
on this
information or data concerning odor movement or dispersion from the Highlands
Farm, and
identify all documents relating to such information, data, theories
and
conclusions.
-6-
II. Describe in detail
any
observations, evaluations, or conclusions of
any person,
including but
not
limited
to
any
consultant, relating
to odors emanating from or likely to emanate
from the Highlands Farm,
and
identify
all
documents r~1ating
to
such observations, evaluations,
or conclusions.
12. Describe
in detail
any
evaluation or analysis
performed
by’
any person concerning
waste treatment practices
at the Highlands Farm,
and
identify all documents relating to such
evaluation or analysis.
V
13. Describe in detail
any
evaluation or analysis performed by
any person concerning
the
validity or corroboration of
any
complaint or comment concerning odors emanating from the
-
)
Highlands
Farm.
and identify
all
documents relating to such evaluation or analysis.
/
14. Describe
in detail
any
evaluation or analysis performed
by
an~’person concerning the
factors causing or contributing to odor generation in connection
with livestock
waste and
livestock waste treatment.
and
identify all documents relating
to
such evaluation or analysis.
15.
Identify the factual bases for the State’s conclusions, as stated in
paragraph 26 of the
Complaint
in this matter, that (1) respondents have caused or allowed odors
to emanate from the
Highlands Farm.
(2) such odors
are offensive,
and
(3)
such allegedly offensive odors have
unreasonably interfered
with the enjoyment of life and property by neighboring residents.
and
identify all
documents relating to
such factual bases.
16. Identify all
documents concerning the cost and the
economic
and practical
feasibility’
ofthe odor reduction alternatives identified in paragraph
81
of the Complaint
in this
matter.
1 7.
Identify all
documents concerning the State’s interpretation and
application ofthe
standard
set forth
in Section
9(a) ofthe Illinois Environmental
Protection Act, 415
ILCS
5/9(a)
(the “Section 9(a) standard”), as the Section 9(a)
standard relates to
any livestock facility
-7-
including but-not
limited
to any
livestock confinement farm.
Responsive documents include
but
axe
not
limited
to
all
documents relating
to
the State’s application of the Section 9(a)
standard
to
any situation
involving allegations of offensive odors
at or from livestock
facilities,
settlement
documents concerning
the State’s compromise of matters
relating to
the Section
9(a) standard
as
applied to
livestock facilities,
correspondence between the
State and
any person concerning
the
application of the Section 9(a)
standard
to
livestock facilities, internal or external
memoranda
concerning
the applicability
of the
Section 9(a) standard
to livestock facilities,
interpretive
~
documents to the regulated
community,
any’
member ofthe regulated community, or
any other stakeholder concerning
the applicability
ofthe Section
9(a)
standard
to
livestock
facilities, and
any-
other document
that
illuminates the
State’s interpretation
or otherwise relates
to the
State’s application of the Section 9(a)
standard to livestock
facilities.
18. Identify- any person who you
anticipate will testify at the hearing in
this matter and
describe in
detail the anticipated subject matter of such persons’
testimony’
1 9.
Identify any person
who
you
anticipate will provide
opinion
testimony
at
the
hearing
in this matter and. for each suchperson:
V
a.
describe
in detail the anticipated subject matter of the
opinion
witness’s
testimony-;
b.
describe
in detail the conclusions and opinions ofthe opinion witness and
the basis
for such
conclusions and
opinions;
V
c.
describe
in detail
the qualifications ofeach opinion witness
to provide the
anticipated testimony’;
d.
identify all
documents and other things that provide the basis
for the
person’s
opinions,
or on which
the person relied
in developing his or her opinions;
-
e.
identify an~’
and
all
occasions
on which
the
person has given
opinion
testimony
in
a deposition,
trial,
arbitration, mediation,
or other evidentiary proceeding;
f.
identify
all
occasions on
which
the
State has retained the person
in the
past;
g.
identify’
all
documents that constitute, contain, report, or otherwise relate
to the person’s opinions;
h.
state
whether such person has
been involved
in the past, or currently
is
involved,
in any
way,
as a
consultant
or otherwise, in
any’ livestock
facility’s effort
to
come into
compliance or to remain in
compliance with
the standard set forth in Section 9(a) of the Illinois
Environmental
Protection
Act, 415
ILCS
5i’9(a):
and
i.
state the estimate of such person of the costs associated with
implementation of
each of
the
odor
reduction
alternatives identified
in paragraph
81
ofthe
Complaint in
this matter and
identify’
all
docurhents relating to
such estimate(s).
HIGHLANDS, LLC
V
By
~
One of its attorneys
Frank H. Hackmann
V
Sonnenschein Nath& Rosenthal
One Metropolitan Square,
Suite 3000
St. Louis,
Missouri
63102
(314) 259-5804
