PEABODY COAL
COMPANY,
a Delaware corporation,
I~ECE~VED
CT..~RK’SOFFICE
JUN
62003
STATE
OF ILLINOIS
Pollution
Control Board
NOTICE
OF FILING
To:
David
R.
Joest
Peabody Coal Company
1951
Barrett
Court
P.O.
Box 1990
Henderson,
KY 42420-1990
Stephen
F. Hedinger
Attorney at Law
2601 South
Fifth Street
Springfield,
IL 62703
W.
C.
Blanton
Blackwell Sanders Peper Martin
LLP
2300 Main
Street,
Suite
1000
Kansas
City,
MO
64108
PLEASE TAKE NOTICE that on this
date
I
mailed for filing with the Clerk of the Pollution
Control
Board
of the
State
of Illinois,
COMPLAINANT’S MOTION
FOR
PROTECTIVE ORDER
SUPPLEMENTAL FILING.
Respectfully submitted,
PEOPLE
OF THE
STATE OF ILLINOIS
LISA
MADIGAN
Attorney General of the
State of Illinois
500
South Second Street
Springfield,
Illinois 62706
217/782-9031
Dated:
June
5, 2003
MATTHEW J.
DUNN, Chief
Environmental Enforcement/Asbestos
Litigation
Division
BY:
-
ANE E.
McBRIDE
Assistant Attorney General
Environmental Bureau
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
PEOPLE OF THE STATE OF ILLINOIS,
Complainant,
v.
PCB NO.
99-134
(Enforcement)
)
)
)
)
)
)
)
)
)
)
Respondent.
CERTIFICATE OF SERVICE
I
hereby certify that
I did on June
5, 2003, 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 COMPLAI NANT’S MOTION FOR
PROTECTIVE ORDER SUPPLEMENTAL
FILING
To:
David
R. Joest
Stephen
F. Hedinger
Peabody
Coal Company
Hedinger Law Office
1951
Barrett Court
2601 South
Fifth Street
P.O.
Box 1990
Springfield,
IL 62703
Henderson,
KY 42420-1990
W.
C.
Blanton
Blackwell
Sanders Peper Martin
LLP
2300 Main Street,
Suite
1000
Kansas City,
MO 64108
and the original and five copies by Federal Express
Mail of the same foregoing instrument(s):
To:
Dorothy Gunn, Clerk
Illinois Pollution
Control
Board
State of Illinois Center
Suite
11-500
100 West Randolph
Chicago,
Illinois 60601
A copy was also sent by Federal Express Mail
To:
Brad Halloran
Hearing
Officer
Pollution
Control Board
James
R.
Thompson Center, Ste.
11-500
100 West
Randolph
Chicago,
IL 60601
,—1~ane
E.
McBride
Assistant Attorney General
This filing is submitted
on recycled paper.
BEFORE THE
ILLINOIS POLLUTION CONTROL BOAR~E~~L~D
CLERK’S
OFFICE
PEOPLE OF THE STATE OF ILLINOIS,
-
)
JUN
62003
Complainant,
)
STATE OF ILLINOIS
)
Pollution
Control Board
v.
)
PCB NO.
99-1 34
)
(Enforcement)
PEABODY COAL COMPANY, a Delaware
)
corporation,
)
Respondent.
COMPLAINANT’S MOTION
FOR PROTECTIVE ORDER
SUPPLEMENTAL FILING
Complainant, PEOPLE OF THE STATE OF ILLINOIS,
by LISA MADIGAN, Attorney
General of the State of Illinois, supplements
its original
Motion for
Protective Order, filed
in
this matter on June
4,
2003,
with this filing of an additional exhibit to be attached
to
Complainant’s motion and
incorporated therein as
Exhibit
B.
Exhibit
B consists
of the discovery
requests propounded
by the Respondent previous to
the requests that are the subject of
Complainant’s
motion.
The requests that are the subject of Complainant’s motion are
included
with the motion as Exhibit A.
Respectfully submitted,
PEOPLE OF THE
STATE OF ILLINOIS,
LISA MADIGAN
Attorney General
,State of Illinois
MATTHEW J.
DUNN, Chief
Environmental Enforcement
Division
BY:
~—~_e.
~
~JANE
E.
MCBRIDE
Environmental Bureau
Assistant Attorney General
500
South
Second Street
Springfield,
Illinois 62706
Dated: June
5, 2003
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
PEOPLE OF THE STATE OF ILLINOIS,
)
Complainant,
-
v.
)
PCB 99—134
PEABODY COAL COMPANY,
a Delaware
)
corporation,
)
Respondent.
RESPONDENT’S FIRST REQUEST FOR PRODUCTION OF DOCUMENTS
Respondent, PEABODY COAL COMPANY (hereinafter “PCC”),
through its undersigned attorneys, hereby submits to Petitioner,
PEOPLE OF ~HE STATE OF ILLINOIS,
its First Request for Production
of Documents.
Documents are to be produced for purposes of
inspection and copying within 28 days of service of this request,
I
at the offices of counsel
for Respondent, Mohan, Alewelt,
Prillaman
& Adami, Suite 325,
3. North Old Capitol Plaza,
Springfield, Illinois.
For purposes of this Request for Production of Documents,
the term “document” has the meaning set forth in Illinois Supreme
Court Rule 201(b)(1).
Petitioner is required to furnish at the. time and place
stated above an Affidavit stating under oath that the production
is complete in accordance with the request,
or if incomplete,
in
what manner it is incomplete.
All requested documents are to be produced as they are kept
in the usual course of business or organized and labelled to
correspond with the categories in the request, and all
retrievable information in.computer storage is to be produced in
printed form.
Complainant’s
Motion
for
Protective
Order
—
Exhibit
B
Petitioner has
a duty to seasonably supplement any response
to the extent any responsive documents,
objects or tangible
things subsequently come into Petitioner’s possession or control
or become known to Petitioner.
Any objections to the request for production,
full or
partial, under claim of privilege of any kind whatsoever,
shall
be made in compliance with Illinois Supreme Court Rule 201(n) by
fully stating the nature of the claim or privilege, stating all
facts relied upon in support of the claim or privilege,
identifying with specificity all documents related to the claim
of privileg’e along with a complete description of the contents of
the withheld documents, identify all persons having knowledge of
any facts related to the claim of privilege,
and provide an
Affidavit attesting under oath to the factual assertions made in
the claim
of. privilege.
REQUESTS FOR PRODUCTION OF DOCUMENTS
Petitioner is hereby requested to produce the following
documents:
1.
All documents concerning,
referring to, or in any way
whatsoever relating to, the facility located in Gallatin County,
Illinois, owned by Peabody Coal Company, and identified as the
Eagle No.
2 mine, which is the subject matter of the Complaint
filed by Petitioner in this case,
located in, accessible to, or
under the control of the offices within the Illinois
Environmental Protection Agency:
1.
—2—
/
A.
Bureau of Water (including the Division of Public Water
Supplies);
B.
The Bureau of Land;
-
C.
The Bureau of Air;
D.
The Office of Mine Pollution Control;
E.
The Office of the Director;
F.
The Office of Chemical Safety;
G.
The Public Information Office;
H.
The regional office located in Marion,
Illinois;
I.
Any other office or unit of the Illinois Environmental
Protection Agency not specified above.
2.
All documents concerning,
referring to,
or in any way
whatsoever relating to, t1~epublic water supply operation
(including but not limited to raw water supply, finished water
supply, water treatment plant, water testing and analyses, and
financial information) located in, accessible to, or under the
control of the offices withen the Illinois Environmental
Protection Agency:
A.
Bureau of Water (including the Division of Public Water
Supplies);
B.
The Bureau of Land;
C.
The Bureau of Air;
D.
The Office of Mine Pollution Control;
E.
The Offic.e of the Director;
F.
The Office of Chemical Safety;
G.
The Public Information’Office;
—3—
/
H.
The regional office located in Marion,
Illinois;
I.
Any other office or unit of the Illinois Environmental
Protection Agency not specified above.
3.
All documents concerning,
referring to, or in any way
whatsoever relating to, the public water supply operation
(including but not limited to raw water supply, finished water
supply, water treatment plant, water testing and analyses, and
financial information)
located in, accessible to, or under the
control of the Illinois Department of Public Health.
4.
All documents concerning,
referring to, or in any way
whatsoever relating to, the facility located in Gallatin County,
Illinois, owned by Peabody Coal Company, and identified as the
Eagle No.
2 mine, which is the subject matter of the Complaint
filed by Petitioner in this case, located in, accessible to,
or
under the control of the Illinois Department of Natural
Resources,
Office of Mines and Minerals.
Respectfully submitted,
Respondent,
PEABODY COAL COMPANY,
By its attorneys
MOHAN,
AL WELT, PRILLAMAN
& ADANI
By
~
St~phen/F.Hedin~er
7
Mohan,
Alewelt, Prillaman & Adam!
One North Old Capitol Plaza
Suite 325
Springfield,
IL 62701—1323
(217) 528—2517
C:\MAPA\P~A~BQ~Y\REQTQPRO.J2S
SFH/anp
07/28/99
—4—
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
PEOPLE OF THE STATE OF ILLINOIS,
-
)
)
Complainant,
)
v.
)
PCB 99—134
PEABODY COAL COMPANY,
a Delaware
)
corporation,
)
Respondent.
NOTICE OF FILING AND
PROOF OF SERVICE
-
To:
Jane
E~. McBride
Assistant Attorney General
Environmental Bureau
Office of the Attorney General
500
S. Second St.
Springfield,
IL 62706
PLEASE TAKE NOTICE that on the~‘~2~ay
of July,
1999, we
sent to the Clerk of the Illinois Pollution Control Board the
original and three copies of Respondent’s First Request for
Production of Documents for filing in the above-captioned cause.
The undersigned hereby certifies that a true and correct
copy of the above described pleading was served upon the above--
identified person at her business address as set forth above, by
hand delivery on this~~~dayof July,
1999.
The undersigned further certifies that a true and correct
copy’of the above described pleading was served upon the party
and at the address identified below by placing the pleading in an
addressed envelope with first class postage affixed, and by
depositing the envelope in aU.S~Mail Box on this~2~~day
of
July,
1999.
Amy
Muran Felton
Hearing Officer
Illinois Pollution Control Board
James
R. Thompson Center,
Suite 11-500
100 West Randolph Street
Chicago,
IL 60601
~
MOHAN, ALEWELT, PRILLAMAN & ADAMI
1 North Old Capitol Plaza
First of America Center
Suite
325
Springfield,
IL
62701
217/528—2517
THIS FILING IS SUBMITTED ON RECYCLED PAPER
C:
\MAPA\PEABODY\POS
.J28
SFH/anp
07/28/99
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
PEOPLE OF THE STATE OF ILLINOIS,
V
Complainant,
PEABODY COAL COMPANY,
a Delaware
corporation,
Respondent.
)
)
PCB
99-134
)
NOTICE OF FILING AND
PROOF OF SERVICE
To:
Jane E. McBride
Assistant
Attorney
General
Environmental Bureau
Office of the Attorney General
500
S.
Second St.
Springfield,
IL 62706
Amy Muran Felton
Hearing Officer
Illinois Pollution Control Board
James R.
Thompson Center
Suite 11-500
100 West Randolph Street
Chicago,
IL 60601
MORAN,
ALEWELT,
PRILLAMAN
&
ADANI
1 North Old Capitol Plaza
Suite 325
Springfield,
IL 62701
217/528-2517
Dorothy Gunn,
Clerk
Illinois Pollution
Control Board
James R. Thompson Center
100
W.
Randolph St.
Suite 11-500
Chicago,
IL 60601
David Joest
Peabody Coal Company
1951 Barrett
Ct.
P.O. Box 1990
Henderson,
KY 42419-1990
PLEASE TAKE NOTICE that on the 4”7~day of November,
1999,
we sent to the Clerk of the Pollution’ Control Board the original
and three copies of RESPONDENT PEABODY COAL COMPANY’S FIRST SET
OF INTERROGATORIES,
for filing in the above entitled cause.
The undersigned certifies that true and correct copies of
the above-described pleading were served upon Jane McBride via
hand delivery and on the other above-identified individuals via
U.S.
mail, by enclosing the same in envelopes properly addressed,
with postage fully prepaid, and b~,~positingsaid envelopes in a
U.S. Post Office mail box on the
~
day of November,
1999.
THIS
FILING
IS
SUBMITTED
ON
RECYCLED
PAPER
These Interrogatories shall be deemed continuing so as to
require Supplemental Answers
if Complainant obtains further or
supplemental information between the time Answers to the within
Interrogatories are served and the time of hearing.
If for any
reason Complainant
is unable to answer any Interrogatory in full,
such Interrogatory should be answered to the extent possible and
the reason for the inability to answer in full should be clearly
stated.
Verification under oath of all interrogatory responses is
required.
DEFINITIONS AND INSTRUCTIONS APPLICABLE TO INTERROGATORIES
1.
“Document”
shall mean and include each and every medium
upon which information can be printed,
or reproduced in
any manner by mechanical means,
by hand or otherwise,
that
is or has been in your possession,
custody or
control or of which you have knowledge,
including,
without limitation,
correspondence,
telephone or e-mail
logs,
e-mail records,
memoranda,
stenographic or
handwritten notes,
studies, publications, books,
pamphlets, photographs, or recordings of every kind or
nature,
including,
but not limited to,
letters,
records,
logs,
diaries,
correspondence, writings,
contracts,
telegrams,
memoranda,
reports,
notes,
recordings,
transcripts,
cover sheets,
transmittal
sheets,
lists,
internal or interoffice communications,
records of meetings,
conferences,
telephone or other
communications,
diagrams,
charts, computer printouts,
pictures,
books,
magazines,
texts,
video or audio
tapes,
drawings, summaries of telephone conversations,
summaries of reports of investigations or negotiations,
and sketches,
every copy of such writing or record
where the original
is not in your possession,
custody
or control,
and every copy of such writing or record
where such copy contains any commentary or notations
whatsoever that do not appear on the original,
and
drafts of any of the foregoing.
2.
“Person” means any natural person or any business entity,
including, but not limited to,
a proprietorship,
partnership, corporation,
association, joint venture, and
-2-
13.
“IEPA” means the Illinois Environmental Protection Agency.
14.
The “Illinois Environmental Protection Agency” means that
agency,
created by Section 4 of the Environmental Protection
Act, which is identified in paragraph
1 of your Complaint.
15.
The “Environmental Protection Act” means P.A.
76-2429,
effective July
1,
1970,
and all amendments to that Public
Act,
as currently codified at 415 ILCS
5/1.
~
16.
“Identify”,
as to a person,
means the person’s full name,
current or last known home address
(including street name
and number,
city, or town,
state and zip code),
the person’s
current or last known business address,
the person’s present
business affiliation and position,
and for current or former
agents or employees of the IEPA,
the person’s educational
and professional background
(including without limiting the
generality of this definition the person’s IEPA job
classification,
as well as identification of any
professional designations,
including those of Licensed or
Registered Professional Engineer or Licensed or Registered
Professional Geologist,
along with the date such designation
was obtained).
“Identify,”
as to a document, means
to state
its description
(e.g.,
letter, memorandum,
report,
etc.),
its title and date,
and the number of pages thereof,
its
subject matter,
its author,
the person or persons to whom it
was directed, and its present location and the identity of
the person presently having possession,
custody, or control
of such document.
‘17.
“CAP” means Corrective Action Plan.
18.
“Corrective Action Plan” means the “Site Characterization
Report and Corrective Action Plan prepared for Peabody Coal
Company by GeoSyntec Consultants, dated October 1995, and
submitted to the Illinois Environmental Protection Agency on
or about November 27,
1995,
concerning the Eagle No.
2 Mine.
19.
“GMZ” means Groundwater Management Zone.
20.
“Groundwater Management Zone” means
“a three dimensional
region containing groundwater being managed to mitigate
impairment caused by the release of contaminants from a
site,” within the meaning of 35
Iii.
Adrn.
Code Section
620.250.
21.
“Groundwater quality standards” means any applicable
standards set forth in 35
Iii. Adm. Code Part 620,
for any
relevant class
of groundwater,
as identified in the
Complaint.
-4-
A.
Identify by date and location any refuse disposal
which you contend was not authorized by permits issued
by the Illinois Department of Mines and Minerals or its
successor the Illinois Department of Natural Resources
Office of Mines and Minerals;
B.
Identify by date and location any refuse disposal
which you contend was not authorized by permits issued
by the Illinois Environmental Protection Agency;
C.
State all facts
on which you rely to support such
contentions.
Answer
to
Interrogatory
No.
2:
Interrogatory
No.
3:
If
you
contend
that
refuse
disposal
(as
such
term
is
used
in
¶
8 of the Complaint)
at Respondent’s
Eagle
No.
2
Mine
was
not
performed
in
accordance
with
the
terms
and conditions of permits issued by the Illinois Department of
Mines
and
Minerals
or
its
successor
the
Illinois
Department
of
Natural Resources Office of Mines and Minerals:
A.
Describe
each
particular
occasion
or
area
in
which
refuse
was
disposed
in
a
manner
which
you
contend
was
contrary to or inconsistent with the terms and conditions of
any
applicable
permit.
B.
With respect to each obbasion or area identified in
your answer to subpart
(A)
of this interrogatory, describe
the
manner
in
which
you
contend
that
refuse
disposal
should
have
been
conducted
consistent
with
the
terms
and
conditions
of
any
applicable
permit.
C.
With respect to each occasion or area identified in
your
answer
to
subpart
(A)
of
this
interrogatory,
identify
the permit term or condition you contend was not complied
with.
Answer
to
Interrogatory
No.
3:
-6-
Interrogatory No.’ 6:
If you contend that any applicable
public and food processing water supply standards.
(as established
under 35
Ill. Adm. Code Part 302, Subpart C), groundwater quality
standards
(as established under 35
Ill. Adm. Code Part 620),
or
any maximum contaminant levels
(“MCLs”)
(as defined in 35
Ill.
Adm. Code
§ 611.101) have been exceeded at the point of
withdrawal of any public water supply
(as such term is used in
¶
6 of the Complaint)
due to any discharge or release of
contaminants by Respondent:
A.
Identify each location at which and each date on
which you allege that any such standard or MCL was
exceeded;
B.
Identify the standard or MCL you contend was
exceeded on each such occasion;
C.
State all facts on which you rely to support such
contentions;
D.
Describe any remedial or enforcement action taken
by the Illinois Environmental Protection Agency or any
other agency or official of the State of Illinois in
response to each such exceedance.
Answer to Interrogatory No.
6:
Interrogatory No.
7:
If you do not admit that each of the
monitoring wells at which Complainant alleges in the Complaint
that exceedances of groundwater quality standards or water
quality standards occurred is located within “the cumulative
impact area of groundwater for which the hydrologic balance has
been disturbed from a permitted coal mine area pursuant to the
Surface Coal Mining Land Conservation and Reclamation Act”
(as
such phrase is used in 35 Iii.
Adm. Code
§
620.450(b) (1)):
-8-
Interrogatory No.
10:
If you contend that the natural flow
of groundwater,
in the absence of any influence due to pumping,
tends in the direction from Eagle No.
2 Mine to the Saline Valley
Conservancy District well field described in
¶
7 of the
Complaint,
state all facts on which you rely to support your
contention.
Answer to Interrogatory No.
10:
Interrogatory No.
11:
State all facts on which you base
your allegation in
¶
6 of the Complaint that “the Henry Aquifer
is
one of the few Class
1 groundwater resources ‘in southern
Illinois.”
Answer to Interrogatory No.
11:
Interrogatory No.
12:
Identify the “Peabody’s accounts”
referred to in
¶
8 of the Complaint.
Answer to Interrogatory No.
12:
-10-
Interrogatory No.
16:
Describe any studies or analyses-the.
Illinois Environmental Protection Agency has performed to
determine
the
concentrations
of
total
dissolved
solids,
sulfates,
chlorides,
iron or manganese which existed at the site of the
wells referred to in
¶~
12 and 17 of the Complaint prior to any
disposal of refuse by Respondent as referred to in
¶
8 of the
Complaint.
Answer to Interrogatory No.
16:
Interrogatory No.
17:
Describe any studies
or. analyses the.
Illinois Environmental Protection Agency has performed
a,t any
time to determine the existence or non-existence of sources
(other than Respondent’s operations)
of total dissolved solids,
sulfates,
chlorides,
iron or manganese to groundwater located:
A.
at the Saline Valley Conservancy District wells
referred to in the Complaint’.
B.
at the site of the wells referred to in
¶~
12 and 17 of
the Complaint.
Answer to Interrogatory No.
17:
Interrogatory No.
18:
If you contend that any existing or
potential use of groundwater in the Henry Aquifer
(as such term
is used in
¶
6 of the Complaint)
has been precluded due to the
“release of any contaminant”
(as such phrase is used in 35
Ill.
Adm. Code
§ 620.301(a))
by Respondent:
A.
Identify each such use,~the existing or potential
users,
and the location(s)
at which you contend such use has
been precluded;
-12-
B.
Slurry No.
2 as described in
¶
12.3 of the Complaint;
C.
Refuse No.
3 as described in
¶
12.C of the Complaint;
D.
Slurry No.
S as described in
¶
12.D of the Complaint;
E.
South 40 Refuse Area as described in
¶
12.E of the
Complaint;
F.
New South Refuse Area as described in
¶
12.F of the
Complaint.
Answer to Interro~atoryNo.
21:
Interrogatory No.
22:
If you contend that any of the wells
referred to in
¶
¶
12 and 17 of the Complaint are not within the
outermost edge of the coal preparation plant
at Eagle No.
2 Nine,
describe:
A.
The location of each such well in relation to the
outermost edge of the coal preparation plant
(e.g., by
direction and distance);
B.
The manner in which you have ascertained the location
of the outermost edge of the coal preparation plant.
Answer to Interrogatory No.
22:
Interrogatory No.
23:
If you contend that the Illinois
Environmental Protection Agency has complied with the
requirements of Section 31(a)
of the Environmental Protection
Act, 415 ILCS 5/31(a),
with respect to the following violations
alleged in
¶
18 of the Complaint,
identify the date of the
written notice specified in Section 31(a)
sent to Respondent with
-14-
06/26/89 through 05/03/95;
06/22/95;
08/18/95;
12/12/95 through 07/31/96; or
after 07/31/97.
-
U.
Well
MW-18
—
any violation alleged to have occurred
prior to 05/01/95 or after 07/31/97;
V.
Well
MW-19
—
any violation alleged to have occurred
prior to 06/22/95 or after 07/31/97;
W.
Well
MW-21
—
any violation alleged to have occurred
prior to 01/10/95 or after 07/31/97;
X.
Well MW-23
—
any violation alleged to have occurred
prior to 02/09/95;
Y.
Well MW-24
—
any’ violation alleged to have .occurred
prior to 01/10/95;
Z.
Well MW-25
—
any violation alleged to have occurred
prior to 01/10/95 or after 12/12/95.
Answer to Interrogatory No.
23:
Interrogatory No.
24:
If you contend that the Illinois
Environmental Protection Agency has complied with the
requirements of Section 31(b)
of the Environmental Protection
Act, 415 ILCS 5/31(b),
with respect to the following violations
alleged in
¶
18 of the Complaint,
identify the date of the
written notice specified in Section 31(b)
sent to Respondent with
respect to those alleged violations and the individual and/or
office to which it was addressed:
A.
Well GW-4
—
any violation alleged to have occurred
prior to 01/10/95;
B.
Well GW-6
—
any violation alleged to have occurred
prior to 01/10/95;
-
-16-
V.
Well
MW-19
—
any violation alleged to have occurred
prior to 06/22/95 or after 07/31/97;
W.
Well
MW-21
—
any violation alleged to have occurred
prior to 01/10/95 or after 07/31/97;
X.
Well
MW-23
—
any violation alleged to have occurred
prior to 02/09/95;
Y.
Well
MW-24
—
any violation alleged to have occurred
prior to 01/10/95;
Z.
Well
MW-25
—
any violation alleged to have occurred
prior to 01/10/95 or after 12/12/95.
Answer
to Interrogatory No.
24:
Interrogatory No.
25:
If you contend that the Illinois
Environmental Protection Agency has complied with the
requirements of Section 31(a)
of the Environmental Protection
Act,
415 ILCS 5/31(a), with respect to any alleged violation of
35 Ill. Adm. Code §620.301,
identify the date of the written
notice specified in Section 31(a)
sent
to
Respondent with respect
to those alleged violations and the individual and/or office to
which it was addressed.
Answer
to Interrogatory No.
25:
Interrogatory No.
26:
If you contend that the Illinois
Environmental Protection Agency has complied with the
requirements of Section 31(b)
of-the Environmental Protection
Act, 415 ILCS 5/31(b), with respect to any alleged violation of
35
Iii.
Adm. Code §620.301,
identify the date of the written
-18-
Interrogatory No.
29:
Identify the inorganic chemicals
other than chlorides,
manganese, total dissolved solids and iron
which you allege
in
¶
8 of the Complaint to have “leached from
the mine refuse at
Eagle No.
2 into the groundwater on-site and
to)
have migrated off-site of Eagle No.
2.”
Answer
to Interrogatory No.
29:
Interrogatory No.
30:
If you contend that the leaching of
chlorides, manganese,
total dissolved solids or iron into
groundwater in quantities which does not cause exceedances of
applicable groundwater quality standards established under 35
Ill. Adm. Code Part 620 constitutes a violation of Section 12 of
the Environmental Protection Act, 415 ILCS 5/12:
A.
Identify the circumstances under which you contend that
such leaching would constitute a violation
(for example, and
not to limit the generality of this interrogatory,
if you
contend that some increase in any of the constituents listed
above, either in absolute values or as a percentage increase
over background levels,
is sufficient to give rise to a
violation,
specify the amount of such increase.)
B.
Identify each person against whom you or the Illinois
Environmental Protection Agency has taken enforcement action
under the Environmental Protection Act for causing any such
leaching.
Answer to Interrogatory No.
30:
-20-
B.
State the statutory or regulatory authority for
imposition of each such criterion.
Answer to Interrogatory No.
33:
Interrogatory No.
34:
With respect to any criteria which
you contend apply to the establishment of a groundwater
management zone under 35
Ill.
Adm.
Code
§ 620.250(b)
other than
those identified in your answer to the preceding interrogatory:
A.
Describe all such criteria;
B.
State the statutory or regulatory authority for
imposition of each such criterion.
Answer
to Interrogatory No.
34:
Interrogatory No.
35:
If you contend that any technology or
reclamation practice is available which would allow groundwater
within a coal mine refuse disposal area to meet the inorganic
chemical constituent requirements of 35
Ill.
Adm. Code 302
Subparts B and C or of 35
Ill.
Adm. Code 620
Subpart
D,
describe
such technology or practice, and identify all coal mines in
Illinois known to you and/or to the Illinois Environmental
Protection Agency to employ or to possess permits to implement
such technology or practice.
Answer to Interrogatory No.
35:
-22-
Interrogatory No.
37:
If you contend that
the CAP did not
propose an “adequate corrective action in a timely and
appropriate manner” within the meaning of that phrase as used in
35
Ill. Adm. Code
§ 620.250 (a) (2):
A.
Describeeach deficiency in the CAP which you contend
caused the CAP not
to propose adequate,
timely or
appropriate corrective action;
B.
Describe each specific statutory provision or
regulation with which you contend the CAP did not comply;
and
C.
Identify by date and addressee all written
communications,
and.by date, manner and participants all
verbal communication, by which the Illinois Environmental
Protection Agency informed Respondent of any such
deficiency.
Answer to Interrogatory No.
37:
Interrogatory No.
38:
If you contend that there
is any
reason that
a Groundwater Management Zone
(“GMZ”)
should not, have
been established for Eagle No.
2 Mine and surrounding areas other
than any deficiency(ies)
concerning the CAP identified in your
response to the preceding interrogatory:
A.
State each such reason; and
B.
Describe any specific statutory provision or regulation
which you contend precluded the establishment of a GMZ for
Eagle No.
2 Mine and/or surrounding areas.
Answer to Interrogatory No.
38:
-24-
Interrogatory NO.
42:
Describe the manner
in.
which you
calculated the
number
of separate violations and violation days
referred to in the preceding interrogatory,
explaining what you
contend constitutes a separate violation and how you determine
the
number
of days
a’ violation continues.
Answer to Interrogatory No.
42:
Interrogatory No.
43:
If you contend that the Illinois
Pollution Control Board should order Respondent
.to take or
refrain from taking any specific actions,
state specifically what
actions you contend Respondent should be ordered to do or not to
do.
If your answer to this interrogatory is that Respondent
should be ordered to “cease and desist from any further
violations of the
Illinois
Environmental Protection
Act and
associated regulations”,
explain what specific actions you
contend such an order would require Respondent to take or refrain
from taking.
Answer
to Interrogatory No.
43:
Interrogatory No.
44:
If you contend that either you or the
Illinois Environmental Protection Agency has made or attempted to
make any determination as to what portion of the contaminants
which the Complaint alleges have entered the groundwater at and
-26-
Respectfully
submitted,
Respondent,
PEABODY COAL COMPANY,
By its attorneys
MOHAN, ~L~ELT,
By
Mohan,
Alewelt, Prillaman & Adami
One North Old Capitol Plaza
Suite 325
Springfield,
IL 62701-1323
(217)
528-2517
C:\MAPA\PE~.3ODY\PCB\INTERR1.O18 SFH/ea
11/04/99
-28-
BEFORE
THE
ILLINOIS
POLLUTION
CONTROL
BOARD
To:
Jane E. McBride
Assistant Attorney General
Environmental Bureau
Office of the Attorney Genera.
500
S. Second St.
Springfield,
IL 62706
Dorothy Gunn,
Clerk
Illinois Pollution
Control Board
James R. Thompson Center
100 W. Randolph St.
Suite 11-500
Chicago,
IL 60601
David Joest
Peabody Coal Company
1951 Barrett Ct.
P.O.
Box 1990
PEOPLE OF THE STATE OF ILLINOIS,
)
Complainant,
-
)
)
V.
)
PCB 99-134
PEABODY COAL COMPANY,
a Delaware
corporation,
)
Respondent.
NOTICE
OF
FILING
AND
PROOF OF SERVICE
Amy Muran Felton
Hearing Officer
Illinois Pollution Control Board
James
R.
Thompson Center
Suite 11-500
‘
Henderson, KY 42419-1990
100 West Randolph Street
Chicago,
IL 60601
PLEASE TAKE NOTICE that on the
____
day of November,
1999,
we sent to the Clerk of the Po11utio~Control Board the original
and three copies of RESPONDENT PEABODY COAL COMPANY’S SECOND
REQUEST FOR PRODUCTION OF DOCUMENTS,
for filing in the above
entitled cause.
The undersigned certifies that true and correct copies of
the above-described pleading were served upon Jane McBride via
hand delivery and on the other above-identified individuals via
U.S.
mail,
by enclosing the same in envelopes properly addressed,
with postage fully prepaid,
and by depositing said envelopes in a
U.S. Post Office mail box on the 5~’day of November,
1999.
MORAN,
ALEWELT,
PRILLAMAN & ADAM~
1 North Old Capitol Plaza
Suite 325
Springfield,
IL’62701
217/528-2517
THIS
FILING
IS
SUBMITTED
ON
RECYCLED
PAPER
BEFORE
THE
ILLINOIS
POLLUTION
CONTROL
BOARD
PEOPLE op THE STATE OF ILLINOIS,
)
Complainant,
-‘
)
v.
)
PCB
99-134
PEABODY
COAL
COMPANY,
a
Delaware
corporation,
Respondent.
RESPONDENT’ S SECOND REQUEST FOR PRODUCTION OF DOCUMENTS
Respondent,
PEABODY COAL
COMPANY
(hereinafter “PCC”),
-.
through its undersigned attorneys,
hereby submits to Complainant,
PEOPLE OF THE STATE OF ILLINOIS,
its Second Request
for
Production of Documents.
Documents are to be produced for
purposes of inspection and copying within 28 days of service of
this request,
at the offices of counsel for Respondent,
Mohan,
Alewelt,
Prillaman & Adami,
Suite 325,
1 North Old Capitol Plaza,
Springfield,
Illinois’.
For purposes of this Request for Production of Documents,
the term fldocument~Thas the meaning set forth in Illinois Supreme
Court Rule 201(b) (1)
Complainant
is required to furnish at the time and place
stated above an Affidavit stating under oath that the production’
is complete in accordance with the request, or if incomplete,
in
what manner it
is incomplete.
All requested documents are
to be produced as they are kept
in the usual course of business or organized and labelled to
correspond with the categories
ip. the request, and all
retrievable information in computer storage is to be produced in
both electronic and printed form.
Complainant has a duty to seasonably supplement any response
to the extent any responsive documents,
objects or tangible
things subsequently come into Complainant’s possession or control
or become known to Complainant.
Any
objections to the request for production,
full or
partial, under claim of privilege of any kind whatsoever,
shall
be made in compliance with Illinois Supreme Court Rule 201(n) by
fully stating the nature of the claim or privilege,
stating all
facts relied upon in support of the claim or privilege,
identifying with specificity all documents related to the claim
of privilege along with a complete description of the contents of
the withheld documents’,
identify all persons having knowledge of
any facts related to the claim of privilege,
and provide an
Affidavit attesting under oath to the factual assertions made in
the claim of privilege.
DEFINITIONS APPLICABLE’ TO REQUEST FOR PRODUCTION OF DOCUMENTS
.1.
“In the possession of” means
in the physical possession of,
or under or subject to the control of or available to as to
matter of right,
the person or body named or any person or body
subject to the control or direction of such person or body in
regard to the record or item named.
2.
The word “and”
and the word “or”
shall be construed
disjunctively and conjunctively as and/or.
3.
“You” means the organization and the person to whom these
Interrogatories are directed, ‘individually and collectively,
and
“your”
is the possessive of “you”
as herein defined.
4.
“Complaint” means the Complaint filed by you in this case on
or about March 23,
1999,
which initiated this case.
5.
“Eagle No.
2 Mine” means the underground coal mine and
associated surface area located .in Gallatin County,
Illinois, and
identified in paragraph 5 of the Complaint.
6.
“Respondent” means Peabody Coal Company.
-2-
7.
“SVCD” means Saline Valley Conservancy District.
8.
“Saline Valley Conservancy District” means the public water
supply entity identified in paragraph 5 of the Complaint.
9.
“IEPA” means the Illinois Environmental Protection Agency.
10.
The “Illinois Environmental Protection Agency” means that
agency,
created by Section
4 of the Environmental Protection Act,
which is identified in paragraph
1 of your Complaint.
11.
“GMZ” means Groundwater Management
Zone.
12.
“Groundwater Management Zone” means
“a three dimensional
region containing groundwater being managed to mitigate
impairment caused by the release of contaminants from a site,”
within the meaning of 35 Ill.
Adrn.
Code Section 620.250.
13.
“Groundwater quality standards” means any applicable
standards set forth in 35
Ill. Adm. Code Part
620,
for’ any
r,elevant class of groundwater,
as identified in the Complaint.
14.
The term “coal mine” means
a permitted coal mine’ area
pursuant to the Surface Coal Mining Land Conservation and
Reclamation Act,
225 ILCS 720 et seq.,
and 62
Ill.
Adm. Code 1700
through 1850.
15.
The term “solute transport modeling” has the same meaning as
that term has in the Complainant’s First Set of Interrogatories
previously served in this case.
16.
The term “groundwater flow modeling” has the same meaning as
that term has in the Complainant’s First Set of Interrogatories
previously served in this case.
17.
The term “particle tracking modeling” has the same meaning
as that term has in the Complainant’s’ First Set of
Interrogatories previously served in this case.
18.
The term “cumulative impact area” has the same meaning as
the definition set forth at
35
Ill. Adm.
Code Section 620.110.
REQUESTS FOR PRODUCTION OF DOCUMENTS
Complainant is hereby requested to produce the following
documents:
1.
All documents in the fiJ.es
of the Illinois State
Geological Survey concerning or in any way relating or referring
—3-
to the Saline Valley Conservancy District and/or concerning or in
any way relating or referring to the Eagle No.
2 Mine.
2.
All documents in the files of the Illinois State Water
Survey concerning or in any way relating or referring to the
Saline Valley Conservancy District and/or concerning or in any
way relating or referring to the Eagle No.
2 Mine.
3.
All documents in your files or the files of the Illinois
Environmental Protection Agency concerning or in any way relating
to the Monterey Coal Company’s Mine #2,
located in Clinton
County,
Illinois.
4.
All documents in your files or the files of the Illinois
Environmental Protection Agency concerning or in any way relating
to any coal mine within the boundaries of which a groundwater
management zone has been proposed
(by the coal mine or by the
IEPA), demanded
(by you or by the IEPA), or established
(by
operation of law, by unilateral action of the coal mine, by
action of the Pollution Control Board, or by action of the IEPA).
5.
All guidance and interpretive documents or any other
documents
(including without limiting the generality of this
request any internal memoranda,
correspondence,
briefs,
draft or
final regulatory proposals,
or regulatory history materials,
all
of which specifically include versions of these documents
maintained as or within electronic formats or media),
in the
possession of you,
the IEPA,
or the Illinois Department
of
Natural Resources Office of Mines and Minerals concerning:
-4-
(A)
Groundwater quality standards for chloride,
iron
(dissolved), manganese
(total),
sulfate, and total dissolved
solids;
(B)
groundwater management zones
at coal mines;
(C)
groundwater management zone criteria
(including
criteria for determining when a groundwater management zone
is necessary,
and criteria for determining the
appropriateness of a proposed groundwater management zone);
(D)
solute transport modeling’;
(E)
groundwater flow modeling;
-
(F)
particle tracking modeling;
(G)
interpretation of and coordination between the
Surface Coal Mining Land Conservation and Reclamation Act
and the Environmental Protection Act;
(H)
coordination and/or cooperation between the IEPA
and the Illinois Department of Natural Resources Office of
Mines and Minerals
(or its predecessor the Illinois
Department of Mines and Minerals);
(I)
the determination of the cumulative impact area of
groundwater for which the hydrologic balance has been
disturbed from a permitted coal mine as described in 35
Ill.
Adm.
Code Section 620.450;
(J)
standards for corrective action of impairment
of
groundwater caused by the release of contaminants from a
site,
as described in 35
Ill. Mm.
Code Section 620.250;
-5-
(K)
identification and/or determination of the time of
completion of reclamation at
a coal mine,
as described in 35
Ill. Adm.
Code §620.450(b);
-
(L)
identification and/or determination of what
constitutes
(i.e.
the boundaries
of)
“the area from which
overburden has been removed,” as described in 35
Ill. Adm.
Code Section 620.450(b),
including without limiting the
generality of this request, documents describing what
constitutes
“overburden.”
5.
All documents referred to, referenced in or by,
or from
which information was obtained for purposes of analyzing or
answering Respondent Peabody Coal Company’s First Request for
Admissions of Fact or Respondent Peabody Coal Company’s First Set
of
Interrogatories.
6.
The personnel files,
including without limiting the
generality of this request all files containing educational
.background information, professional work experience information,
continuing or on-the-job education or training information,
professional achievements,
recognitions,
accomplishments or
certifications,
and any published works,
along with documents
resulting from all litigated cases in which testimony has
previously been given under oath, for each agent or employee of
the Illinois Environmental Protection Agency identified in any of
your answers to Respondent Peabody Coal Company’s First Set of
Interrogatories.
-6-
Respectfully submitted,
Respondent,,
PEABODY ‘COAL COMPANY,
By its attorneys
MORAN,
ALEWELT,
PRI
AMAN
&
AMI
~
Mohan,
AJ.ewelt,
Prillaman & Adami
One North Old Capitol Plaza
Suite 325
Springfield,
IL 62701-1323
(217)
528-2517
-
C:\MP~PA\PEABO~Y\PC3\REQ~RQD2O29
SFH/ea 11/05/99
-7-
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
PEOPLE OF THE
STATE OF ILLINOIS,
)
)
Complainant,
-
)
)
v.
)
PCB
99-134
)
PEABODY COAL COMPANY, a Delaware
)
corporation,
)
)
Respondent.
)
RESPONDENT PEABODY COAL COMPANY’S SECOND
SET OF
INTERROGATORIES
TO:
Jane McBride
Assistant Attorney General
‘
-
Environmental Bureau
Attorney General’s Office
500
S. Second
St.
Springfield, IL 62706
NOW COMES Respondent, PEABODY COAL COMPANY, through its undersigned
attorneys, and hereby requests that Complainant, PEOPLE OF THE STATE OF ILLINOIS,
answer the following interrogatories separately and fully, in writing under oath or certification
within twenty-eight (28) days ofthe receipt hereof, at the office ofStephen F. Hedinger,
1,33
South Fourth Street, Suite 306,
Springfield, Illinois 62701.
Ifyour Answers to these Interrogatories are supported by (or if an Interrogatory
inquires
as to the existence
of)
a record ofany type, e.g.,
documents, photographs, notes, memos,
statements, investigative journals, complaints, test results,
etc., please attach a copy of the same
to your Answers identifying which Answer each record supports.
These Interrogatories sha1l be deemed continuing so as to
require Supplemental Answers
if Complainant obtains further o: supplemental information between the time Answers to the
within Interrogatories are served and the time ofhearing.
Iffor any reason Complainant is
unable to answer any Interrogatory in full, such Interrogatory should be answered to the extent
possible and the reason for the inability to answer in full should be
clearly stated.
Verification under oath ofall interrogatory responses is required.
DEFINITIONS AND INSTRUCTIONS APPLICABLE TO INTERROGATORIES
1.
“Document” shall mean and include each
and every
medium upon which information
can
be
printed, or reproduced in
any
manner
by
mechanical means, byhand or otherwise, that is or
has been
in
your
possession,
custody
or control
or of which
you
have
knowledge,
including,
without
limitation, correspondence,
telephone or e-mail logs, e-mail records, memoranda, stenographic or
handwritten notes,
studies, publications, books, pamphlets, photographs, or recordings of every kind
or nature,
including,
but
not
limited to,
letters,
records,
logs
diaries, correspondence,
writings,
contracts,
telegrams, memoranda, reports,
notes,
recordings, transcripts, cover sheets, transmittal
sheets, lists, internal or interoffice communications, records of meetings, conferences, telephone or
other communications, diagrams, charts, computer printouts, pictures, books, magazines, texts, video
or
audio
tapes,
drawings,
summaries
of telephone
conversations,
summaries
of reports
of
investigations ornegotiations, and
sketches, every copy ofsuch writing or record where the original
is not in yourpossession, custody or control, and
every copy ofsuch writing or record where
such
copy contains any commentary or notations whatsoever that
do not appear on the original, and drafts
ofany ofthe foregoing.
2.
“Person”
means any natural person or any business entity, including, but not
limited to, a
proprietorship, partnership, corporation, association, joint venture, and any other legally recognized
business entity,
as well as all divisions, departments, affiliates, subsidiaries or other subunits ofthe
foregoing entities.
3.
The singular form shall
be interpreted as including the plural; likewise the plural form shall
be
interpreted as including the
singular,
and any
reference to
the masculine, feminine or neuter
gender shall be interpreted as including each gender not specifically included in the reference.
4.
“In the possession of’ means in the physical possession
of,
or under or subject to the control
ofor available to as to
matter ofright, the person or body named or any
person or body subject to
the control or direction of such person or body in regard to
the record or item named.
5.
The word
“and”
and the word
“or”
shall be
construed disjunctively
and
conjunctively as
andlor.
2
6.
With respect to informationwhich is withheld or not disclosed as requested pursuant to these
interrogatories due to a claim ofprivilege ofnon-disclosure, a statement shall be provided by counsel
setting forth as to each such withholding or non-disclosure:
a.
a briefdescription ofthe nature arid subject matter ofand the reason for withholding
or non-disclosure ofthe information;
b.
the statute, rule, decision or other basis which is claimed to
give rise to the privilege,
or any other justification
for the
non-disclosure or withholding of the requested
information.
7.
“You” means the organization and the person to whom
these Interrogatories
are directed,
individually and collectively, and
“your” is the possessive of “you” as herein defined.
8.
“Identify”, as to a person, means the person’s full name, current or last known home address
(including Street name and number,
city
or town,
state and zip code), the person’s current or last
known business address, the person’s present business affiliation and position,-and for current or
former
agents
or
employees
of
the
Illinois
Environmental
Protection
Agency,
the
person’s
educational and professional background (including without limiting the generality ofthis definition
the person’s Illinois Environmental Protection Agency job
classification, as well as identification of
any professional designations, including those of Licensed or Registered Professional
Engineer or
Licensed or Registered Professional
Geologist, along with the date such designation was obtained).
“Identify,” as to a document, means to state its description
(e.g., letter, memorandum, report, etc.),
its title and date, and the number ofpages thereof~
its subject matter, its
author, the person or persons
to whom it was directed,
and its present location and
the identity of the person presently having
possession, custody, or control of such document.
INTERROGATORIES
Interrogatory No.
1:
Identify any and all opinion witnesses you intend to
call to testify at
trial,
and for each such opinion witness,
state the subject matter on which the opinion witness
is
expected to
testify, the conclusions and opinions ofthe opinion witness
and the bases therefor, and
the qualifications ofthe opinion witness, including all reports ofthe opinion witness,
all as set forth
in Supreme Court Rule
2 13(g).
‘
Answer to Interrogatory No.
1:
3
Interrogatory No. 2:
Furnish the identity
and
location ofall witnesseswho will testify on
behalfofComplainant at trial, together with the subject matter of each such witness’s testimony, all
as set
forth pursuant to Supreme Court Rule 2 13(f).
Answer to Interrogatory No. 2:
Respectfully
submitted,
PEABODY COAL COMPANY,
Respondent
By its attorney
tephe/F.
Hedinger
133 S.
4th
St., Suite
306
Springfield, IL 6270,1
(217) 523-2753 phone
(217)
523-4366
fax
C:/PCB/2dsetinterrogt3-1 5-OO/mkr
4
NOTICE
OF FILING AND PROOF OF SERVICE
PLEASE
TAKE
NOTICE that on the/~~ay
of
March, 2000, we sent to the Clerk of the
Pollution
Control
Board via Federal Express the original
and
three
copies of RESPONDENT
PEABODY COAL COMPANY’S
SECOND
SET OF
INTERROGATORIES,
for filing
in
the
above entitled cause.
The undersigned certifies that true and correct copies of the above-described document were
served upon the following individuals, by enclosing the same in
envelopes properly addressed, and
by mailing the same or otherwise serving in the manner indicated below,
on the/~~ay
ofMarch,
2000.
Jane E. McBride
VIA HAND-DELIVERY
Environmental Bureau
Attorney General’s Office
500
S. Second St.
Springfield, IL 62706
‘
-
Dorothy Gunn, Clerk
VIA FEDERAL EXPRESS
Illinois Pollution Control Board
James
R. Thompson Center
100 W. Randolph St.,
Suite 11-500
Chicago, IL
60601
Amy Muran Felton
VIA FEDERAL EXPRESS
Hearing Officer
Illinois Pollution Control Board
James R. Thompson Center
100W. Randolph St., Suite 11-500
Chicago, IL 60601
David Joest
VIA U.S. MAIL
Peabody Coal Company
1951
Barrett Court
Henderson,KY 42419-1990
~F.Hedin~e~~
133 S. 4” St., Suite 306
Springfield, IL 62701
(217) 523-2753 phone
,
(217) 523-4366 fax
C:/PCB/Response 3.15-OO/mkr
-
THESFlUNG ISSUBNH1TEDONRECYCLED PAPER
5
FEB—ø~-2Øe2
15:57
p
~~FEB—O8—2002
WED
03:51 P~ENVIRONIIENThL
‘
‘
Y~x
NO.
2175247740
P.07
-
BEFORE
THE
ILLINOIS POLLUTION CONTROL BOARD
PEOPLE
OF
TEE
STATE OF ILLINOIS,
-
Complainant,
I-
V.
PCB99-134
PEABODY COAL
COMPANY,
a Delaware
)
corporation,
-)
Respondent.
RESPONDENT PE4BODY COAL COMPANY’S
THIRD
REQUEST FOR ~‘RODUCTXON
OF DOCUMENTS
-
NOW COMES
Respondent,
PEABODY C~AL
COMPANY
(hereina~er
‘PCC”),
through
its undersigned
attorneys, and hereby subrçüts
to
Complainant,
PEOPLE
OF
THE
STATE
OF
ILLINOIS,
its Third
Request for Productidn of
Documents. Documents are
to be produced for
purposes ofinspection
and
copying
within 28 daysof
service
of
this request,
at the offices ofcounsel
for Respondent,
Stephen F.
Hedinger,
1331 South
Fourth
Street,
Suite 306,
Springfield,
Illinois
62701.
For purposes of
this
Third Request thr Production ofDocuments, the term “document” has
the meaning set forth’ in Illinois Supreme Cpurt
Rt4e 201(b)(l).
Complainant is required to furi~ish
~tthetime
and place stated above an Affidavit stating
under oaththat the production is complete
ih
a~cord~nce
with the request, or if
incomplete,
in what
manner
it is incomplete.
All requested documents are to be p~oduced~as
they are kept in the usual course of
business
or organized
and
labeled
to
correspond
~fith
the
categories in
the
request, and
all
retrievable
information in computer storage is to be prbduced in both electronic
and
printed
form.
FEB—06—2e02
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P11 ENVIRONt1ENT~L
F~XNO.
2175247740
P.08
Complainant
has a
duty
to
seasonably
~upp1ement
any
response to the
extent any
responsive
documents, objects or tangible things subsequentlycome intoComplainant’spossession or con~ol
orbecome
known
to Complainant.
Any
objections to the request for pro4uction, ftill or
partial,
under claim ofprivilegeof
any
kind whatsoever shall be made in compliance
with
Illinois Supreme Court Rule 201(n) by fully
stating
the nature ofthe claim ofprivilege,
~tating
all facts relied upon in support ofthe claim of
privilege, identifyingwith specificity all documentsrelated to
the
claim
of privilege along
with a
complete description of the contents of
tl~ewithheld
documents, identify
all persons having
knowledge of
any
facts related to the claim
of
privilege,
and
provide an Affidavit attestingunder
oathto
the
factual assertionsmade in the clajm
of
privilege.
DEFINTT1QNSAPPLICABLE
TO I~EQUEST
FOR PRODUCTION OF DOCUMENTS
1.
“Inthe possession of’means in the
p1~ysicaI
possession
of,
or underorsubject to the control
ofor available to as to matter of
right,
the parson orbodynamed or anyperson orbodysubject to
the control or directionof suchperson or bo4y in regard to
the
record
or item.named.
2.
The word
“and”
and
the word “or”
shall
be construed disjunctively and corijunctively as
and/or.
3.
“You” means the organization
and
~the
person to whom this Request for Production
is
directed, individualily
and
collectively, and ‘!your” is
the
possessive of“you” as herein defined.
REOTJESTS
FOR PRQDUCTION
OFDOCUMT~NTS
Complainant is hereby requested to produce the followingdocuments:
1.
Any
and
all documents re’ating in
any
way to
Respondent’s Second Set of
Interrogatories, oryourresponses thereto, in~luding,butnot limitedto, reportsofopinion witnesses,
qualifications
(including curricula
vitae
and’employmentrecords)ofopinion witnesses, statements
or other
tangible
evidence collectedby or ii~
the
possession ofwitnesses, etc.
*FEEe62~2
15:57
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03:52
P~
ENVIR0N11EN1~L
F~X
NO.
2175247740
P.e9~
2.
Any
and
all
documents and responses
to Respondent’s First or Second Requests for
ProductionofDocuments, no~p~!~o3~slrÔduced.
Respectfully submitted,
PEABODY COAL.
COMPANY,
Respondent
By
its attorney
~hen ~Hedinger
133 S.
4th
St., Suite 306
Springfield,
IL 62701
(217) 523-2753
phone
(217)
523-4366
fax
C/PC$/3dRFF/3-15.OOfmkr
3
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P
FEB—06—2002
~4ED
03:53
P11
ENVIRONNENTAL
FAX NO.
2175247740
P.10
NOTICE OF
FILrNQ:AND
PROOF OF
SERVICE
PLEASE
TAKE
NOTICE thaton
th~i~14~y
of March, 2000,we sent to
the
Clerkof
the
Pollution Control Board via Federal Express the original and three copies of
R.ESPONDE~T
PEABODY COAL COMPANY’S SECOND SETOF INTERROGATORIES, for filing in the
above entitled cause,
The
undersigned
certifies that
true and correct
copies ofthe above-describeddocumentwere
serveduponthe followingindividuals, by
en~Iosing
the
same in envelopes properly addressed, and
by mailingthe same or otherwise serving irrthe manner indicated below, on. the/~.ayofMarch,
2000.
Jane E. McBride
VIA
HAND-DELIVERY
Environmental Bureau
Attorney General’s Office
500 S. Second
St.
Springfield, IL 62706
DorothyOunn, Clerk
VIA FEDER4L EXPRESS
Illinois Pollution ControL Board
James
R. ThompsonCenter
100 W. Randolph St., Suite 11-500
Chicago, IL 60601
Amy Muran
Felton
VIA
FEDERAL
EXPRESS
Hearing Officer
Illinois Pollution Control Board
James R.ThompsonCenter
100W. Randolph
St.,
Suite 11-500
Chicago, IL 60601
David Joest
VIA
U.S.MAIL
PeabodyCoal Company
1951
Barrett
Court
Henderson,
KY
42419-1990
133 S. 4’~St.,
Suite
306
Springfield, IL 62701
(217)
523-2753
~horie
(217)
523-4366
fax
C1PCBJRespons~3-1~S.OO/m~r
THISFU.ING IS
SUgMITrED
ON
RECYCLED
PAPER
4
TflTi~1
P
RECEAVE
1)
ClERK’S OFFV~E
JUN
62003
STATE OF ILLINOIS
OFFICE
OF THE
ATTORNEY GENERAL
Pollution
Control Board
STATE OF
ILLINOIS
Lisa Madigan
ATTORNEY GENERAL
June 5, 2003
Via Federal
Express
Mail
The Honorable
Dorothy Gunn
Illinois Pollution Control
Board
State of Illinois Center
100 West Randolph
Chicago,
Illinois 60601
Re:
People v.
Peabody Coal Company
PCB No.
99-134
Dear
Clerk Gunn:
Enclosed for filing please
find
the original
and five copies of a NOTICE
OF
FILING and
COMPLAINANT’S MOTION FOR
PROTECTIVE ORDER SUPPLEMENTAL FILING
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
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
•
TTY:
(217) 785-2771
•
Fax: (217) 782-7046
100 ~VestRandolph Street,
Chicago,
Illinois
60601
•
(312) 814-3000
•
TTY: (312) 814-3374
•
Fax: (312) 814-3806
1001
East Mum, Carbondale,
Illinois
62901
•
(618) 529-6400
•
TTY: (618) 529-6403
•
Fax:
(618) 529-6416
