BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
R E
C
E
IV
ED
CLERKS OFFICE
SWIF-T FOOD MART,
FEB
-
6
2004
Petitioner,
)
STATE OF
ILLINOIS
)
Pollution
Control Board
v.
)
PCB
03-185
)
(UST appeal)
ILLINOIS ENVIRONMENTAL PROTECTION
)
AGENCY,
)
)
Respondent.
)
NOTICE TO APPEAR AND PRODUCE
TO:
John Kim
Division of Legal Counsel
illinois Environmental Protection Agency
1021 N. Grand Ave. East
P.O. Box 19276
Springfield, IL 62794-9276
YOU AND EACH OF YOU WILL HEREBY TAKE NOTICE that on February 11,
2004, beginning at 10:00 a.m., at Village Hall, Council Chambers,
118 W. Cook, Libertyville,
Illinois, Petitioner, SWIF-T FOOD MART, by Stephen F. Hedinger,
its attorney, will appear
before Bradley Halloran, hearing officer, at the above time and date, for hearing, at which time
and
place the following agents and employees ofRespondent must appear for testimony and
must produce the following certain described documents, pursuant to Supreme Court Rule
237(b) and 35 Ill. Adm. Code
101.100(b).
-
1.
Douglas E.
Oakley
Manager, LUST Claims Unit
Planning & Reporting Section
Bureau ofLand
2.
Eric Kuhlman
Project Manager, LUST Section
Land Pollution Control
Bureau of Land
3.
Harry A. Chappel
Unit Manager, LUST Section
Division of Remediation Management
Bureau of Land
4.
Niki Weller
LUST Claims Unit
Planning & Reporting Section
Bureau ofLand
5.
Victoria McKinnon
Land Pollution Control
Bureau of Land
YOU ARE HEREBY DIRECTED TO PRODUCE, at the same time and
place and for
purposes of inspection, copying, and
questioning, the following documents:
1.
The LUST Reimbursement Application for the Swif-T Food Mart facility
dated November 7, 2002.
2.
The LUST Reimbursement Application for the Swif-T Food Mart facility
received by the IEPA in early 2001 requesting $11,971.08 in reimbursement.
3.
Any and all documents including but not limited
to correspondence, notes,
memoranda, email messages, etc., relating to the LUST Reimbursement that paid $1,971.08 on
September
6, 2001.
4.
Any and
all documents, including correspondence, notes, memoranda,
email messages, etc., relating to the deductible amounts for Incident 960723 and Incident
951716.
5.
Any
and all documents relating to the reimbursement decision in this case
or this litigation, including but not limited
to notes, correspondence, memoranda, email
messages, etc.
Respectfully submitted,
SWIF-T FOOD MART,
Petitioner,
Hedinger Law Office
2601 South Fifth Street
Springfield, IL 62703
(217) 523-2753 phone
(217) 523-4366 fax
By its attorney,
BEFORE THE ILLINOIS POLLUTION CONTROL BOAR~E C E IV E D
CLERKS OFFICE
SWIF-TFOOD MART,
FEB
-
62004
Petitioner,
)
STATE OF ILLINOIS
)
Pollution Control
Board
v.
)
PCBO3-185
)
(UST appeal)
ILLINOIS ENVIRONMENTAL PROTECTION
)
AGENCY,
)
)
Respondent.
)
NOTICE OF FILING AND PROOF OF SERVICE
To:
Bradley Halloran, Hearing Officer
Illinois Pollution Control Board
James R. Thompson Center
100 West Randolph Street, Suite 11-500
Chicago, Illinois 60601
John Kim
Division of Legal Counsel
Illinois Environmental Protection Agency
1021 N. Grand Ave. East
P.0; Box 19276
Springfield, IL 62794-9276
The undersigned certifies that an original and nine copies of Petitioner’s Notice to
Appear and Produce
was served upon the Clerk of the Illinois
Pollution Control Board, and one
copy was served
upon
the
hearing officer
in
this
case
by
enclosing
same in
envelopes
with
postage
fully prepaid,
and
by
depositing
said
envelopes in
a
U.S.
Post Office Mail
Box
in
Springfield,
Illinois,
and
one
copy was
served
upon the
above party of record in this
case via
hand-delivery at the above address, on the~frdayof February 4, 2004.
Hedinger Law Office
2601 South Fifth Street
Springfield, IL 62703
(217) 523-2753 phone
(217) 523-4366 fax
THIS FILING IS SUBMITI’ED ON RECYCLED PAPER