RECEIVED
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
CLERK’S
OFFICE
PEOPLE
OF THE
STATE OF ILLINOIS,
)
SEP
052003
)
STATE OF
ILLINOIS
)
Pollution
Control Board
Complainant,
)
)
PCBNo.02-3
v.
)
(RCRA
-
Enforcement)
)
TEXACO REFINING & MARKETING,
)
INC., a Delaware Corporation,
)
)
Respondent.
)
NOTICE
OF
FILING
TO:
ATTACHED SERVICE LIST
PLEASE TAKE NOTICE that on September
5,
2003, we filed with the Illinois Pollution Control
Board
a COMPLAINANT’S FIRST SET OF REQUESTS FOR PRODUCTION TO RESPONDENT
and
COMPLAINANT’S FIRST SET OF INTERR.OGATOMES TO RESPONDENT,
a true and correct copy
ofwhich is attached and hereby served upon you.
Respectfully submitted,
LISA MADIGAN
AttorneyGeneral
State of
ois
~
Christopher P)Perzan
Assistan~brney
Genera
Environmental Bureau
188
W. Randolph St., 20th Floor
Chicago, Illinois
60601
(312)814-3532
BEFORE THE ILLINOIS POLLUTION CONTROL BOA~~E~~
OFFICE
PEOPLE OF THE
STATE OF ILLINOIS,
)
SEP
0
5
2003
Complainant,
STATE OF ILLINOIS
Polluti0,, Control Board
vs.
)
PCB 02-3
)
(Enforcement
-
Land, Water)
TEXACO REFINING & MARKETING, iNC.,
)
a Delaware corporation,
)
Respondent.
)
COMPLAINANT’S
FIRST SET OF REOUESTS FOR
PRODUCTION OF DOCUMENTS TO
RESPONDENT
NOW COMES the Complainant, PEOPLE OF THE STATE
OF ILLINOIS, by LISA
MADIGAN, Attorney General of the State of Illinois, and, pursuant to 35 Ill. Adm.
Code
101.616
and Illinois
Supreme Court Rule 214, serves COMPLAINANT’S FIRST SET OF
REQUESTS FOR PRODUCTION OF DOCUMENTS TO RESPONDENT and requests that the
• Respondent serve its answers under oath to the Complainant by October 6, 2003 per Hearing
Officer order.
I.
INSTRUCTIONS
1.
These document requests call for all documents that are in the possession or
custody of, or are known or available to Respondent.
2.
Each request for dOcuments seeks production of each document in its entirety,
without abbreviation or expurgation, including all attachments or other matters affixed thereto.
To the extent these documents are maintained in both hard copy
and magnetic media form,
please provide both forms.
3.
Ifno
documents ever existed that address the subject ofany request, please state
so affirmatively for each applicable request.
4.
Ifany document responsive to any request existed in the past, but does not
currently exist, Respondent is instructed to provide a written statement that:
a.
describes in detail the nature
of
the document
and its contents;
b.
identifies the person who prepared or authored the document, and if
applicable, the person to whom the document was sent;
c.
specifies the date on which the document was prepared or transmitted;
and
d.
specifies the date on which the document was lost,
destroyed or otherwise
disposed of, the conditions ofand reasons for such destruction or other disposition, and
the person requesting and performing the destruction or other disposition.
5.
Ifany requested document is not or cannot be produced in full, produce it to the
extent possible, indicating with particularity what
documents or portion of any such documents is
not or cannot be produced and the reason therefore.
6.
In producing documents, you are requested to produce the original ofeach
document requested together with all nonidentical copies and drafts ofthat document.
7.
All documents should be produced in the same order as they are kept or
maintained by you.
8.
All documents should be produced in
a file, folder, envelope, or other container in
which the documents are kept or maintained by you.
Iffor any reason the container cannot be
produced, please produce copies of all labels or other identifying markings.
9.
Documents attached to each other should not be separated.
10.
Documents not otherwise responsive to this request shall be produced if such
documents refer to, relate to, or explain the documents called for by this request and constitute
2
routing slips, transmittal memoranda or letters, comments,
evaluations, or similar documents.
11.
Bach document request should be construed and responded to independently from
each other request.
The scope of any requests should not be construed to
limit or narrow the
scope of any other request.
12.
This
discovery is deemed continuing, necessitating supplemental answers by the
Respondent, or anyone acting on its behalf, when or if it obtains additional information which
supplements or alters the answers now provided.
II.
CLAIMS OF
PRIVILEGE
1.
Ifyou withhold or decline to produce
any document or group ofdocuments
responsive to these requests based upon any
claim ofprivilege or work product, identify the
originator or sender ofthe document(s), give a general description ofthe nature and subject
matter of the document(s), the date of the document(s) and the reason(s) for withholding the
document(s).
2.
Ifthe claim ofprivilege applies to only
a portion ofthe document, produce all
portions ofthe document to which the claim does not apply.
III.
DEFINITIONS
1.
The Definitions in the Complainant’s First Set of Interrogatories to
Respondent
are hereby incorporated by reference.
IV.
DOCUMENT REQUESTS
Reci uest
No. 1:
All documents Respondent intends to introduce at hearing in this
matter.
Reciuest
No. 2:
All documents that Respondent relied upon in responding to
3
Complainant’s First Set of Interrogatories to Respondent.
Request No.
3:
All documents identified in response to
Complainant’s First Set of
Interrogatories to Respondent.
Request No. 4:
All documents prepared by or relied upon by any controlled expert
witness.
Request No.
5:
All documents relating to the sale ofcoke, calcined coke, coke fines, tar
and tar-like material generated or processed at the Site by Respondent, Great Lakes Carbon Corp.
or any other independent contractor at any time.
Request No. 6:
All documents relating to the shipment ofcoke fines to
Allied Waste
Services on or about September 28,
1999.
Request No. 7:
All documents relating to
the processing ofcoke, coke fines, tar or tar-like
material at the Site from the commencement ofsaid processing through
1981.
Request No. 8:
All contracts and related documents between Respondent, Great Lakes
Carbon Corp. and any other independent contractorthat processed,
sold or otherwise managed
coke, calcined coke, coke fines, tar or tar-like material at the Site.
4
R~guestNo. 9:
All documents relating to the manner in which
Great Lakes Carbon Corp.
or
any other independent contractor at the Site managed coke, coke fines, tar, or tar-like materials
at
the Site including, but not limited to, any instructions by the Respondent regarding
management
of
said materials to Great Lakes Carbon Corp.
or any other independent contractor
at
the Site.
Request No. 10:
All documents relating to any wastes placed on the land at the Site from
the commencement of refinery operations at the Site until 2000.
Request No.
11:
All documents that relate to costs incurred and expenditures made by
Respondent since
1970 as a result of:
a.
the performance of any and all groundwater investigations, sampling and analysis;
b.
installation ofpiezometers, groundwater monitoring wells and groundwater
controls and the operation and maintenance ofpiezometers, wells and groundwater controls; and
c.
the sampling, analysis, removal from the Site and disposal ofcoke fines, coke
material, tar or tar-like material.
Request No. 12:
All
documents that relate to
any groundwater investigations, sampling,
analysis andlor interpretation ofgroundwater conditions performedby the Respondent at or
within one mile ofthe
Site from
1970 until 2000.
Request No. 13:
All documents that relate to
internal, independent contractor or consultant
5
recommendations or communications to the Respondent regarding groundwater contamination at
the Site and any recommended response to groundwater contamination at the Site and all
documents relating to any response to or evaluation ofsaid recommendations from 1970 through
2000.
Request No.
14:
All documents that relate to
communications from persons identifying
themselves as nearby residents or communications made on behalfofnearby residents to
Respondent regarding groundwater contamination or waste disposal at the Site and any
documents relating to
any response by the Respondent to said communications.
Request No.
15:
All documents that relate to any request made by Respondent to Great
Lakes Carbon Corp. or any other independent contractor to remove or remediate or pay for the
costs ofremoval or remediation ofany coke, coke fines, tar or tar-like material from the Site.
Respectfully submitted,
PEOPLE OF THE STATE OF ILLINOIS,
Complainant,
~
Assistant
ttorney
eneral
Environmental Bureau
188 W. Randolph St.,
20th
Floor
Chicago, IL 60601
(312)
814-3532
6
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
R~VED
PEOPLE OF THE STATE OF ILLINOIS,
)
CLERK~S
OFFICE
s~p
052003
Complainant,
)
)
STATE OF ILLINOIS
vs.
)
PCB
02-3
Pollution Control Board
)
(Enforcement
-
Land,
Water)
TEXACO REFINING &
MARKETING, INC.,
)
a Delaware corporation,
)
)
Respondent.
)
COMPLAINANT’S FIRST SET OF INTERROGATORIES
TO RESPONDENT
NOW COMES the Complainant, PEOPLE OF THE STATE OF
ILLINOIS, by LISA
MADIGAN, Attorney General ofthe State ofIllinois, and, pursuant to 35
Ill. Adm. Code
101.620 and Illinois
Supreme Court Rule 213, serves COMPLAINANT’S FIRST SET OF
INTERROGATORIES TO RESPONDENT and requests that the Respondent serve its
answers
under oath to the Complainant by October 6, 2003
per Rearing Officer order.
I.
INSTRUCTIONS
1.
These interrogatories call for information
(including information contained in any
document as that term is
defined in Complainant’s First Request for Production of Documents to
Respondent) that
is known or available to Respondent.
2.
IfRespondent cannot answer any interrogatory fully and completely
after
exercising due
diligence to secure the information necessary to
do so, please so state and answer
each such interrogatory to the fullest extent possible, specifying the portion of such interrogatory
that Respondent believes
it is unable to
answer fully or completely.
3.
Ifsubsequent to the date of these answers, Respondent discovers or receives
additional information that is responsive to these interrogatories, please promptly supplement
these responses to reflect such additional information to the full extent required by the Illinois
Supreme Court Rules.
II.
CLAIMS
OF
PRIVILEGE
1.
Ifyou withhold or decline to produce any document or group ofdocuments
responsive to these requests based upon any claim ofprivilege or workproduct, identify the
originator or sender ofthe document(s), give a general description ofthe nature and subject
matter of the document(s), the date ofthe document(s) and the reason(s) forwithholding the
document(s).
2.
Ifthe claim ofprivilege applies to only a portion ofthe document, produce all
portions ofthe document to which the claim does not apply.
III.
DEFINITIONS
1.
“Respondent”
shall mean Texaco Refining & Marketing, Inc., its successor
Chevron Environmental
Services Co.,
and their successors, agents, representatives, consultants,
attorneys, affiliates, employees, officers, directors, authorities, boards, or any person or agency
acting on behalf ofRespondent or under the direction or control of Respondent or its attorneys or
agents.
2.
“Site” shall mean the oil refinery site located in Lockport, Illinois
and bearing
Illinois EPA identification number 1970500012, including the groundwater beneath the site.
3.
“Document” shall have a broad meaning and shall include, but is not limited to,
the original and any non-identical copy, whether different from the original because ofnotes
made on said copy or otherwise, or any agreement; bank record or statement; book of account,
including
any ledger, sub-ledger,journal, or sub-journal; brochure; calendar; chart;
check;
2
circular; communication (intra- or inter-company or governmental entity or agency or agencies);
contract; copy; correspondence; diary; draft ofany document; graph; index; instruction;
instruction manual or sheet; invoice; job requisition; letter; license; manifest; manual;
memorandum; minutes; newspaper or other clipping; note; note book; opinion; pamphlet; paper;
periodical or other publication; photograph; print; receipt; record; recording report; statement;
study; summary including any memorandum, minutes, note record, or summary of any (a)
telephone, videophone or intercom conversation or message, (b) personal conversation or
interview, or (c) meeting or conference; telegram; telephone log; travel or expense record;
voucher; worksheet or working paper; writing; any other handwritten, printed, reproduced,
recorded, typewritten, or otherwise produced graphic material from which the information
inquired ofmay be obtained, or any
other documentary material ofany nature, in the possession,
custody or control ofRespondent.
4.
“Communication” shallmean, without limitation, any and all forms oftransferring
information, including discussions, conversations, meetings,
conferences, interviews,
negotiations, agreements, understandings, inquiries, correspondence, documents, or other
transfers ofinformation whether written or oral or by any othermeans, and includes any
document which abstracts, digests, transcribes or records
any communication.
5.
“Identification” or “identify” shall mean:
a.
As to
an individual, stating his:
i.
full and customarily used names;
ii.
present business and residence addresses;
iii.
business or profession during the relevanttime period;
3
iv.
every office, title, or position held during the relevant time period;
and
v.
every employer
during the relevant time period.
b.
As to any person other than an individual, stating:
i.
its legal name and any other name usedby it;
ii.
the form or manner ofits
organization
(e.g.,
partnership,
corporation, etc.);
and
iii.
the state ofits
incorporation (if it is incorporated) and the address
ofits principal place of business.
c.
As to a document, stating:
i.
the date of its creation, execution, and receipt;
ii.
its author or signatory;
iii.
its addressee and any other recipient;
iv.
its type or nature
(e.g.,
letter, memorandum, etc.);
v.
the identity ofthe custodian;
vi.
the identity of the document; and
vii.
the present location ofthe document.
d.
As to any event, incident, conversation, transaction or occurrence,
stating:
i.
the
date;
ii.
the place where it took place and the manner of its occurrence;
iii.
identification of all the participants;
iv.
its purpose and subject matter; and
4
v.
a description ofwhat transpired.
6.
“Person” shall include, but is not limited to, any natural person; business or
corporation, whether for profit or not; firm, partnership, or other non-corporate business
organization; charitable, religious, educational, governmental, or other non-profit institution,
foundation, body,
or other organization; or employee, agent, or representative of any of the
foregoing.
7.
“Or” shall mean andlor wherever appropriate.
8.
The singular shall always include the plural and the present tense shall always
include the past tense.
9.
“Regulated substance” shall have the same meaning as in 415 ILCS 5/58.2
(2002).
10.
“Related to” or “relating to” shall mean anything which, directly or indirectly,
concerns, consists
of, pertains to,
reflects, evidences, describes, sets
forth, constitutes, contains,
shows, underlies, supports, refers to
in any way, is
or was used in the preparation of, is appended
to, is
legally logically or factually connected with, proves, disproves, or tends to prove or
disprove.
11.
“Release” shall have the same meaning as in 415 ILCS
5/3.395
(2002).
12.
“Relied upon” shall mean being orhaving been depended upon, mentioned,
reflected or referred to or being or having been arguably appropriate for such reliance.
13.
The term “knowledge” means first hand information andlor information derived
from any other source, including hearsay.
14.
“You” and “your” shall refer to and mean Respondent.
15.
“He” shall mean he/she wherever appropriate.
5
16.
“Waste” shall have the same meaning as in 415 ILCS
5/3.535
(2002).
17.
“Reportable quantity” shall mean a quantity ofany substance spilled in
excess ofa
quantity for which a report is required to state or federal
officials under any reporting
requirement applicable to a particular substance.
IV.
INTERROGATORIES
Interrogatory No. 1:
Identify all persons answering or providing information in response
to these Interrogatories.
Answer:
Interrogatory No.
2: Identify all lay witnesses who you may or will call to testify at hearing in
this case.
For each non-opinion witness, state the following:
a.
The name, address and employer of each witness;
b.
A summary ofthe relevant facts within the knowledge oforto
which said
witness will.testify; and
c.
A list ofall
documents or photographs which any such witness relied
upon,
will use or which Respondent may introduce into evidence in connection with the
testimony ofsaid witness.
Answer:
Interrogatory No. 3: Identify
all controlled expert witnesses who you may or will
call at hearing
in this case.
For each such witness
identify:
6
a.
the subject matter on which the witness will testify;
b.
the conclusions and opinions ofthe witness and the bases therefor;
c.
the qualifications of the witness;
and
d.
any reports prepared by the witness about the case.
Answer:
Interrogatory No.
4: Identify all independent expert Witnesses you may or will call at hearing,
including:
a.
The subject matter on which the witness
is expected to testify; and
b.
The opinions Respondent expects to elicit.
Answer:
Interrogatory No.
5:
Identify all documents that relate to the presence ofany contaminant in
groundwater at, beneath or near the Site or any exceedances of any applicable groundwater
standard at, beneath or near the Site from the commencement of operations at the refinery until
2000.
Answer:
Interrogatory No.
6:
Describe all costs incurred and expenditures made by Respondent from
7
1970 to
2000 as a result of:
a.
the performance ofany and all groundwater investigations, sampling and
analysis;
b.
installation ofpiezometers, groundwater monitoring wells and groundwater
controls, operation and maintenance ofpiezometers, wells and groundwater controls;
c.
and the sampling, analysis, removal
from the Site and disposal ofcoke fines, coke
material, tar or tar-like material.
Answer:
Interrogatory No.
7:
Identify all persons involved in the performance, analysis, review or
interpretation of any groundwater investigation,
sampling and/or analysis performed at the Site
from 1970 until 2000.
Answer:
Interrogatory
No. 8:
Identify all persons who on behalfofRespondent approved or denied
payment for any
groundwater investigation, sampling, analysis, or installation of any
groundwater control at the Site from
1970 through 2000.
Answer:
Interrogatory No. 9:
Identify all persons who approved, directed, participated in,
directed or
8
approved payment for, or were otherwise involved in any dumping, depositing or placement on
the land ofcoke fines,
coke material, asphaltic material,
tar or tar-like material at or within the
Site from
1970 until 2000.
Answer:
Interrogatory No.
10:
Identify all wastes placed on the land during the period ofrefinery
operations at the Site through 2000, including:
a.
Description of waste;
b.
Chemical composition of waste; and
c.
Date(s) ofplacement.
Answer:
Interrogatory No.
11:
Identify all releases ofa reportable quantity ofany regulated
substance at the Site from 1970 through 2000 and describe Respondent’s response to each
release.
Answer:
Interrogatory No.
12:
State the Respondent’s minimum rate ofreturn on capital
investment for each ofthe following years:
1970 through the present.
9
Answer:
Interrogatory No. 13:
Identify all persons responsible for the oversight ofGreat Lakes
Carbon Corp. or any
other independent contractor coke or coke fine processor on the Site from
1970 until
1981.
Answer:
Interrogatory No.
14:
Identify all documents relating to and individuals having
knowledge of the sale of coke materials from the Site since 1981.
Answer:
Interrogatory No.
15:
State all facts on which you base
any claim that the
coke, coke
fines,
tar or tar like materials managed at the Site were not wastes.
Answet~
Interrogatory No.
16:
Fully
describe all attempts by Respondent to
identify recycling
options formaterials as referred to in Count II, paragraph 10
in the Answer on Behalf ofChevron
Environmental Services Company filed on July
9, 2003, including the nature of those attempts,
identification of individuals involved in those attempts, the dates those attempts commenced and
finished and the outcome ofthe attempts.
•
10
A
it
swer:
Interrogatory No.
17:
Describe the management ofcoke, coke fines, tar and tar-like
materials at the Site from
1970, including, but not limited to, the nature of any processing, the
management and storage ofthe materials before and after processing, description ofany
byproducts
generated by the processing, and description ofthe management ofany byproducts.
Answer:
Interrogatory No.
18:
Identify all persons involved in any decisions by the Respondent
regarding groundwater sampling or analysis, review of groundwater conditions, whether the
Respondent should install or operate any groundwater controls, the timing ofany activities
relating to
groundwater and other decisions regarding groundwater at the Site from 1970 until
2000.
Answer:
Interrogatory No. 19:
State
whether Respondent has made any requests ofGreat Lakes
Carbon Corp.
or any other independent contractor to remove or remediate or pay for the removal
or remediation ofcoke, coke fines,
tar or tar-like materials at the Site and describe said requests.
Answer:
11
Respectfully submitted,
PEOPLE OF THE STATE OF ILLINOIS
BY~
ChristopherP.
erz
Assistant
orney G
eral
Office of the Attorney General
Environmental Bureau
188 W.
Randolph Street, 20tI~Floor
Chicago, Illinois 60601
312 814-3532
12
BEFORE THE
ILLINOIS POLLUTION CONTROL BOARD
PEOPLE OF THE STATE OF ILLINOIS,
Complainant,
vs.
TEXACO REFINING & MARKETING, INC.,
a Delaware corporation,
•
Respondent.
)
)
)
)
)
PCB
02-3
)
(Enforcement
-
Land, Water)
)
)
)
)
CERTIFICATE OF SERVICE OF DISCOVERY
I, the undersigned, do hereby certify that I served COMPLAINANT’S FIRST SET OF
INTERROGATORIES TO RESPONDENT and COMPLAINANT’S FIRST SET OF
REQUESTS FOR PRODUCTION OF DOCUMENTS TO RESPONDENT by U.S. Mail upon
the following persons:
Barbara Magel
Karaganis, White & Magel
414 North Orleans
Street, Suite
810
Chicago, Illinois
60610
John A. Urban, Civil Chief
Will County State’s Attorney’s Office
Will County Courthouse
14 W.
Jefferson
Joliet, Illinois 60432
P~ja~
Assista
tto
enerãl
Environmental Bureau
188 W. Randolph St.,
20th
Floor
Chicago, Illinois 60601
312 814-3532
Dated:
September
5,
2003
SERVICE LIST
Dorothy M. Gunn
Clerk ofthe Board
Illinois Pollution Control Board
100
W. Randolph Street,
1
lt1~
Floor
Chicago, Illinois
60601
Barbara Magel
Karaganis, White & Magel
414 North Orleans
Street, Suite 810
Chicago, Illinois 60610
Bradley Halloran
Hearing Officer
Illinois Pollution Control Board
100 W. Randolph Street, l1~”
Floor
Chicago, Illinois
60601
John A. Urban, Civil Chief
Will County State’s Attorney’s Office
Will County Courthouse
14 W. Jefferson
Joliet, Illinois
60432
