R~C~E~VED
CLERK’S
~
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
F1C~
SEP
0
5
2003
PEOPLE OF THE STATE OF ILLINOIS,
)
STArE OF ILLINOIS
Complainant,
)
~OllUtlonControl Boc,rd
)
vs.
)
PCB No. 02-03
(RCRA
-
Enforcement)
TEXACO REFINING & MARKETING, INC.,
)
a Delaware Corporation,
)
)
Respondent.
)
NOTICE OF FILING
To:
Christopher P. Perzan
Bradley P. Halloran, Esq.
Assistant Attorney General
HearingOfficer
Environmental Bureau
illinois Pollution Control Board
188 W. Randolph Street
James R. Thompson Center, Suite 11-500
20th Floor
100 W. RandolphStreet
Chicago, Illinois
60601
Chicago, Illinois
60601
John A. Urban, Civil Chief
Will County State’s Attorney’s Office
Will County Courthouse
14 W. Jefferson
Joliet, Illinois
60432
PLEASE
TAKE NOTICE that I have on September
5, 2003 filed with the Office of the Clerk of
the
Pollution
Control
Board
the
attached
RESPONDENT
CHEVRON
ENVIRONMENTAL
SERVICES COMPANY’S FIRST SET
OF INTERROGATORIES AND DOCUMENT REQUESTS
TO COMPLAINANT PEOPLE OF
THE STATE OF ILLINOIS, a copy of which is hereby served
on you.
Chevron Environmental Services Company
BY:____________________
Its Attorney
Barbara A. Magel
John W. Kalich
Karaganis White & Magel
414 North Orleans Street
Suite 810
Chicago, illinois
60610
312/836-1177
Fax:
312/836-9083
REC~iV~
BEFORE THE ILLINOIS POLLUTION CONTROL BO~LR~S
OFFICE
PEOPLE OF THE STATE OF ILLINOIS,
)
SEP
05
2003
STATE OF ILLINOIS
Complainant,
)
poj1ut~on
Control Board
)
vs.
)
)
PCB No. 02-03
TEXACO REFINING & MARKETING,
)
(Enforcement)
INC., a Delaware Corporation,
)
)
Respondent.
)
RESPONDENT
CHEVRON ENVIRONMENTAL
SERVICES COMPANY’S
FIRST SET OF INTERROGATORIES
AND
DOCUMENT REQUESTS TO
COMPLAINANT PEOPLE
OF THE STATE OF ILLINOIS
The
following
Interrogatories
and
Requests
For
The
Production
Of
Documents
are
propounded
by
Chevron
Environmental
Services
Company
hereinafter
“CESC” successor to Respondent Texaco Refining & Marketing, Inc.
to
Complainant
People
Of
The
State
Of
Illinois.
These
Interrogatories
and
Requests
For
The
Production
Of
Documents
are
to
be
answered
under
oath
within 28 days and in accordance with
and
pursuant to the statutes and laws of
the State of Illinois, and the orders of the HearingOfficer in this case.
I. DEFINITIONS AND INSTRUCTIONS
A.
As used herein, the words
and
phrases set out below shall have the
meaning or meanings as follows:
1.
“The Complainant”
shall refer to the People
of the State
of
Illinois and any
of their representatives, officers, agents, employees, contractors
and
any other person or
entity
acting on their behalf.
2.
“The
Site”
shall
refer
to
the
real
property
consisting
of
approximately 580 acres located at 301 West
2nd
Street, Lockport in Will County,
Illinois.
3.
“Person” shall mean
“person”
as defined
by
Section 5/3
of
the Illinois Environmental Protection Act, 415 ILCS 5/3 (1996).
4.
“You”
or
“your’
shall
mean
the
person
to
whom
these
interrogatories and requests for the production of documents
are
addressed and
shall include
all
of
your
officers, directors,
agents,
employees, representatives,
contractors or
any
other
person or
persons acting for or
purportedly acting on
your behalf or in concert with you.
5.
“Contend”
shall mean to respond
to the interrogatory with
an affirmative or negative response and an explanationfor that response.
6.
“Document”
shall mean
every
writing
and record
of every
type and description in your possession, control or custody,
including, but not
limited
to,
correspondence,
memoranda,
stenographic
or
handwritten
notes,
reports, customer lists, log books, studies, books, pamphlets, reports, laboratory
analyses, pictures or voice recordings or information retained electronically,
and
shall mean a copy where the original is not in your control.
7.
“Identification” or “identify” shall mean:
a.
As to an individual, stating
his
or her:
i.
full and customarily used names;
ii.
present business and residence address;
2
iii.
business
or
profession
during
the
Relevant
Period;
iv.
every
office,
title,
or position held during the
Relevant Period; and
v.
every employer during the Relevant
Period.
b.
As to any person other than an individual,
stating:
its legal name and any other names used by it;
i.
the
form
or
manner
of
its
organization
(e.g.,
partnership, corporation, etc.); and
ii.
the
state
of
its
incorporation
(if
it
is
incorporated)
and
the address of
its
principle
place of business.
c.
As to a document, stating:
i.
the date of its creation, execution,
and
receipt;
ii.
its author(s) or signatory(ies);
iii.
its addressee(s) and all other recipient(s);
iv.
its
type
or
nature
(e.g.,
letter,
memorandum,
etc.);
v.
the identity of the custodian; and
vi.
the presentlocation of the document.
d.
As to an event, incident, conversation, transaction
or
occurrence,
stating:
3
i.
its date;
ii.
the
place where
it took
place and
the
manner
of its occurrence;
iii.
the identification of all the participants;
iv.
its purpose and subject matter; and
v.
a description of what transpired.
e.
As to a matter or site, stating:
i.
its name;
ii.
its location;
iii.
its owner and operator;
and
iv.
a description of what transpired.
8.
“Describe”
or “state”
shall mean to specify in detail identify
and to particularize the content of the answer in question.
9.
If dates
are requested
in these Interrogations
and
Requests
For The Production Of Documents, the exact date should be given if possible.
If
the
exact
date
cannot
be
determined,
the
best estimate
should
be
given
and
labeled as an estimate.
10.
“Related to” or “relating to” shall mean directly or indirectly
mentioning
or describing, pertaining to, being connected with, or reflecting upon
a stated matter.
11.
“Relied
upon”
shall
mean
being or having
been
depended
upon or referred to or having been
arguably appropriate
for some reliance.
4
12.
“Relevant Period”
shall
mean
the time
beginning
with
the
moment
that
Complainant
alleges
that
any
alleged
violation
described
in
the
Complaint began to present.
B.
In
construing
these
Interrogatories
and
Requests
For
The
Production Of Documents:
1.
The
singular
shall
include
the
plural,
and
the
plural
shall
include the singular.
2.
A masculine, feminine or neutral
pronoun shall not
exclude
the other genders.
3.
The
terms
“and”
as
well
as
“or”
shall
be
construed
disjunctively
or conjunctively
as necessary in order to bring within the scope of
the Interrogatory all responses which might otherwise be construed to be outside
the scope.
C.
A
question
that
seeks
information
contained
in
or
information
about or identification
of any documents may be answered by providing a copy
of such document
for inspection and
copying, or by
furnishing
a copy of such
document without a request for production.
II. CLAIMS OF PRIVILEGE.
For all
objections
or
refusals to
answer Interrogatories
and/or
Requests
For The Production Of Documents on the ground of any claim of privilege of any
kind whatever Complainant
shall:
5
1.
State the nature of the claim of privilege;
2.
State
all
facts
relied
upon
in
support
of
the
claim
of
privilege;
3.
Identify all documents related to the claim of privilege;
4.
Identify all persons having knowledge of any facts related to
the claim of privilege; and
5.
Identify all
events, transactions or occurrences related to the
claim of privilege.
III. INTERROGATORIES
INTERROGATORY NO.1:
Identify the person answering these interrogatories and identify
all persons and
documents reviewed, examined or consulted in answering these interrogatories.
INTERROGATORY NO.2:
Identify all persons with knowledge of any fact or facts that support(s) or tend(s)
to support any allegation in the Complaint.
INTERROGATORY NO.3:
Identify any
and
all
witnesses
who will testify
at trial
and
the subject of their
testimony.
INTERROGATORY NO.4:
Identify any person who will offer any opinion testimony
at trial, including the
name
and
location
of the
opinion
witness,
the
subject
matter
on
which
the
opinion
witness
is
expected
to
testify,
the
conclusions
and
opinions
of
the
opinion witness and the bases therefore, the qualifications of the opinion witness
and any and all reports
and publications of the opinion witness.
6
INTERROGATORY NO.5:
Identify all persons with knowledge
of the hydrogeologic conditions at the Site.
INTERROGATORY NO.6:
Identify all persons with knowledge
of the corrective actions
implemented and
being implemented at the Site.
INTERROGATORY NO.7:
Identify
all
persons
who
have
communicated
with
the
citizen’s
group
CARE
and/or elected representatives, with respect to the Site.
INTERROGATORY NO.8:
Identify
all
persons
who
reviewed
the
proposed
Compliance
Commitment
Agreements
submitted
by
CESC
or
its predecessor
with
respect to
the ground-
water
and coke fines at the Site.
INTERROGATORY NO.9:
Identify all
matters
or
sites
for which
a
Compliance
Commitment
Agreement
relating to ground water exceedences originating solely from past operations at a
property orfacility was accepted by IEPA.
INTERROGATORY NO. 10:
Identify
all
matters
or
sites
for
which
enforcement
action
under
the
Illinois
Environmental
Protection
Act
was
taken
or
recommended
involving
an
allegation of ground water impacts originating solely from past operations at the
site.
INTERROGATORY NO. 11:
Identify
all
matters
or
sites
for
which
enforcement
action
under
the
Illinois
Environmental
Protection
Act
was
taken
or
recommended
which
involved
alleged violations
of waste
regulations based
on the presence of used materials
held for sale, resale or recycling.
INTERROGATORY NO. 12:
Identify
all
matters
or
sites
for
which
enforcement
action
was
taken
or
recommended against a property
owner based on the actions or
inactions of an
7
independent contractor on the property.
INTERROGATORY NO. 13:
Identify all matters
or sites in interim status for which a violation of any ground
water
quality
standard(s)
in
35
IAC
620
was
asserted
by
the
Illinois
Environmental Protection Agency in an administrative
notice or order or referral
to the Attorney General’s Office.
INTERROGATORY NO. 14:
Does Complainant
contend that
an owner/operator
in compliance
with interim
status regulations as to ground water monitoring may be found to be in violation
of
the
Illinois
Environmental
Protection
Act
if
constituents
detected
in
the
interim status monitoring wells are found to be in excess of 35 IAC 620 numerical
standards?
INTERROGATORY NO. 15:
If
your
answer
to
the
previous
interrogatory
is
anything
other
than
an
unqualified
“no”, state
all
facts that
support
conclusions,
including
the specific
actions of Respondent that caused
such violation and the
dates when each such
action occurred.
INTERROGATORY NO. 16:
Does
Complainant
contend
that
the
violations
referenced
in
paragraph
43
of
Count I
of the Complaint resulted in
whole
or part from actions of Respondent
(as opposed
to
inaction)
occurring after the
promulgation
of the
groundwater
quality standards cited in the Complaint?
INTERROGATORY NO. 17:
If
your
answer
to
the
previous
interrogatory
is
anything
other
than
an
unqualified “no”, state all facts that support your response, including the specific
actions of Respondent that caused such violation and the dates when each such
action occurred.
8
INTERROGATORY NO. 18:
Does
Complainant
contend
that
the
violations
referenced
in
paragraph
43
of
Count I of the
Complaint resulted in whole or part from actions
of Respondent
(as opposed to inaction) occurring prior to the promulgation of the groundwater
quality standards cited in the Complaint?
INTERROGATORY
NO. 19:
If
your
answer
to
the
previous
interrogatory
is
anything
other
than
an
unqualified “no”, state all facts that support your response, including the specific
actions of Respondent that caused such violation
and the dates when each such
action occurred.
INTERROGATORY NO. 20:
Does
Complainant
contend
that
the
violations
referenced
in
paragraph
44
of
Count I
of the Complaint resulted in whole or part from
actions of Respondent
(as opposed
to
inaction)
occurring
after
the
promulgation
of the
objectives
or
detection limits alleged to have been violated?
INTERROGATORY NO. 21:
If
your
answer
to
the
previous
interrogatory
is
anything
other
than
an
unqualified
“no”, state all facts that support your response, including the specific
actions of Respondent that caused such violation and
the dates when each such
action occurred.
INTERROGATORY NO. 22:
Does
Complainant
contend
that
the
violations
referenced
in
paragraph
44
of
Count
I of the
Complaint resulted
in whole or part from actions
of Respondent
(as opposed to inaction) occurring prior to the promulgation of the objectives or
detection limits alleged to have beenviolated?
INTERROGATORY NO. 23:
If
your
answer
to
the
previous
interrogatory
is
anything
other
than
an
unqualified “no”, state all facts that support your response, including the specific
actions of Respondent that caused such violation and the dates when each such
action occurred.
9
INTERROGATORY NO. 24:
Does Complainant contend that some or all of the coke fines and tar like material
referenced in paragraph 22
of Count II of the Complaint were introduced
to the
Site after the enactment of Section 21(a) of the Illinois
Environmental
Protection
Act?
INTERROGATORY NO. 25:
If
your
answer
to
the
previous
interrogatory
is
anything
other
than
an
unqualified
“no”, state all facts that support your response, including the specific
actions of Respondent that caused such violation
and the dates when each such
action occurred.
INTERROGATORY NO. 26:
Does Complainant contend that some or all of the coke fines and tar like material
referenced in paragraph 22 of Count II of the Complaint were introduced
to the
Site
prior
to
the
enactment
of
Section
21(a)
of
the
Illinois
Environmental
Protection Act?
INTERROGATORY NO. 27:
If
your
answer
to
the
previous
interrogatory
is
anything
other
than
an
unqualified “no”, state all facts that support your response, including the specific
actions of Respondent that
caused such violation and
the dates when each such
action occurred.
INTERROGATORY NO. 28:
Does Complainant contend that the
disposal or storage referenced in paragraph
21
of
Count
II
of
the
Complaint
resulted
in
whole
or
part
from
actions
of
Respondent
(as opposed
to
inaction)
occurring after
the
enactment
of
Section
21(a) of the Illinois Environmental Protection Act?
INTERROGATORY NO. 29:
If
your
answer
to
the
previous
interrogatory
is
anything
other
than
an
unqualified “no”, state all facts that support your response, including the specific
actions
of Respondent that caused such violation and the dates when each such
action occurred.
10
INTERROGATORY NO. 30:
Does Complainant contend that the disposal
or storage referenced in paragraph
21
of
Count
II
of
the
Complaint
result
in
whole
or
part
from
actions
of
Respondent (as opposed to inaction)
occurring prior to the enactment of Section
21(a) of the Illinois Environmental Protection Act?
INTERROGATORY NO. 31:
If
your
answer
to
the
previous
interrogatory
is
anything
other
than
an
unqualified “no”, state all facts that support your response, including the specific
actions of Respondent that caused such violation and the dates when each such
action occurred.
INTERROGATORY NO. 32:
Does Complainant
contend that any of the violations alleged in paragraph 23
of
Count II of the Complaint resulted in whole or part from actions of Respondent
(as
opposed
to
inaction)
occurring
after
the
enactment
of Section
21(a)
of the
Illinois Environmental Protection Act?
INTERROGATORY NO. 33:
If
your
answer
to
the
previous
interrogatory
is
anything
other
than
an
unqualified “no”, state all facts that support your response, including the specific
actions of Respondent that caused such violation and the dates when each such
action occurred.
INTERROGATORY NO. 34:
Does Complainant
contend
that of the violations referenced in paragraph 23
of
Count II of the Complaint result in whole or part from actions of Respondent
(as
opposed
to
inaction)
occurring
prior
to
the
enactment
of
Section
21(a)
of the
Illinois Environmental Protection Act?
INTERROGATORY NO. 35:
If
your
answer
to
the
previous
interrogatory
is
anything
other
than
an
unqualified “no”, state all facts that support your response, including the specific
actions of Respondent that caused such violation and the dates when each such
action occurred.
11
IV. REQUESTS FOR PRODUCTION OF DOCUMENTS
1.
Any
and
all
correspondence,
reports,
inspections,
memoranda
or
other
documents from,
prepared
by,
or
provided
to any
governmental
entity,
including but not
limited
to
the Illinois
Environmental
Protection
Agency
and
the County of Will, relating to the Site.
2.
Any
and
all
documents
prepared
by
or
on
behalf
of,
or
in
the
possession of, the Illinois
Environmental
Protection Agency
with
respect to the
drafting and adoption
of 35 IAC 620 ground-water standards, including but not
limited
to, those related to the limitation on ground water classification based on
the ten foot depth from ground surface (the ten-foot rule).
3.
Any and all documents relating to the allegations of ground water
impacts contained in the Complaint.
4.
Any and all
documents relating to the allegations concerning coke
fines contained in the Complaint.
5.
Any
and
all
documents
relating
to
analytical
results
for
any
samples
collected
of
any
media
at
or
about
the
Site
by
or
on
behalf
of
Complainant.
6.
Any
and
all
documents
relating to
any
complaint
received
from
any member of the public with respect to the Site.
7.
Any and all documents relating to any practice, policy or procedure
for the
assessment
of
a
civil penalty
for violations
of ground-water
standards
and/or waste storage or disposal regulations.
12
8.
Any
and
all
documents
relating
to
any
exemption
from
waste
regulations for materials held for sale, resale or recycling.
9.
Any and all documents relating to the sale, resale for use or reuse
of coke fines in furnaces or kilns.
10.
Any and all documents relating to the application of ground-water
standards or waste regulations to impacts at a property due to past operations or
activities.
11.
Any and all Compliance Commitment Agreements accepted by the
Agency
with
respect
to
ground-water
exceedences
from
past
activities
at
a
property.
12.
Any
and
all
documents
with
respect
to
the
consideration
of the
cooperativeness of a company in decisions to take enforcement action or impose
a penalty.
13.
Any and all complaints files, notices of violation or non-compliance
sent, or settlements entered
into by the Illinois
Environmental Protection Agency
with
a
property
owner
due
to
the
activities
or
inactions
of
an
independent
contractor on that property owner’s property.
14.
Any
and
all
documents
relating
to
taking
or
recommending
enforcement
action
against
a
company
complying
with
permit,
or
regulatory
ground water monitoring requirements imposed
by the
Illinois Environmental
Protection Agency.
13
15.
Any
and
all
documents,
including
but
not
limited
to
sampling
results,
relating to potential
or
actual
sources of ground water
impacts located
within one mile upgradient
(east, northeast and
southeast) of the Site, including
but not limited to gas stations (former and/or
existing), and pipelines.
Chevron Environmental Services Company
BY: ~
/)27~
Its Attorney
Barbara A. Magel
John W. Kalich
Karaganis White & Magel
414 North Orleans Street
Suite 810
Chicago, Illinois
60610
312/836-1177
Fax 312/836-9083
cstexOl.doc
14
CERTIFICATE OF SERVICE
I, the undersigned, certify that I have served
the attached RESPONDENT
CHEVRON
ENVIRONMENTAL
SERVICES
COMPANY’S
FIRST
SET
OF
INTERROGATORIES
AND
DOCUMENT
REQUESTS
TO
COMPLAINANT
PEOPLE
OF
THE
STATE
OF
ILLINOIS by
United States mail, postage prepaid, orhand delivery, upon the followingpersons:
VIA HAND DELIVERY
Dorothy M. Gunn
Clerkof the Board
Illinois Pollution Control Board
100 W. Randolph Street,
11th
Floor
Chicago, Illinois
60601
VIA HAND DELIVERY
Christopher P. Perzan
Assistant Attorney General
Environmental Bureau
188 W. Randolph Street
20th
Floor
Chicago, illinois
60601
Dated:
September 5, 2003
VIA HAND DELIVERY
Bradley Halloran
Hearing Officer
Illinois Pollution Control Board
100 W. Randolph Street,
11th
Floor
Chicago, Illinois
60601
VIA U.S. MAIL
John A. Urban, Civil Chief
Will County State’s Attorney’s Office
Will County Courthouse
14 W. Jefferson
Joliet, Illinois
60432
rbara A. Magel
Attorney
samltexfilg
