BEFORE THE ILLINOIS POLLUTION CONTROL 

BOAR~~C~~J

CLERF S ~~F!eE

THE CITY OF KANKAKEE,

an Illino~//~ 

MAR 5 ~U~3

Municipal Corporation,     

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STATEOFIWNOIS

Plaintiff,   

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NO. PCB 03—125

Pollution Control Board

vs.

COUNTY OF KANKAKEE, a body politic and

corporate; KANKAKEE COUNTY BOARD; and

WASTE MANAGEMENT OF ILLINOIS, INC.,

Defendants.

PETITIONER CITY OF KANKAKEE’S DOCUMENT REQUESTS

NOW COMES Petitioner, CITY OF KANKAKEE, an Illinois Municipal

Corporation, by and through its attorneys, L. Patrick Power and Kenneth

A. Leshen, Assistant City Attorneys, pursuant to the Rules of the

Illinois Pollution Control Board, and submits the following Document

Requests to the Respondents, COUNTY OF KANKAKEE, a body politic and

corporate, and the KANKAKEE COUNTY BOARD.

DEFINITIONS

A. “WMII” refers to Waste Management of Illinois, Inc., and its

agents, directors, officers, employees, representatives, attorneys, and

all persons or entities who have acted or purported to act on its

behalf.

B. “County of Kankakee” refers to the County of Kankakee and the

Kankakee County Board and their respective agents, employees,

attorneys, and all persons or entities who have acted or purported to

act on their respective behalves.

C. “Communication” means, without limiting the generality of its

meaning, any form of communication between two or more persons,

including, but not limited to, correspondence, e—mails, conversations,

phone calls, reports, documents, and memoranda.

D. “Landfill Siting Application” means WMII’s Application with

the Kankakee County Board seeking approval for a new regional pollution

control facility immediately adjacent to its existing landfill located

in Kankakee County, Illinois, which is the subject of this matter.

E. “Document” means, without limiting the generality of its

meaning, writings, papers, or tangible things of any kind and nature

whatsoever in the possession or subject to the control of the

Respondent, its agents, experts, witnesses, employees or attorneys,

including letters, handwritten notes, calendar pads, appointment books,

notepads, notebooks, correspondence of any kind, postcards, memorandura,

telegrams, telexes, e—mails, internal communications of any kind,

annual or other reports, financial statements, billing statements,

payment authorizations, canceled checks, books, records, ledgers,

journals, minutes of all meetings, contracts, agreements, appraisals,

analysis, charts, graphs, bulletins, speeches, reports, data sheets,

data tapes, or readable computer interpretations thereof, computer

programs, software or any medium containing computer programs,

circulars, pamphlets, notices, statements, stenographic notes, surveys,

microfilm, microfiche, tape and disk recordings, photostats,

photographs, drawings, transparencies, overlays, periodicals, sketches,

illustrations, blueprints, plans, and personal interviews, wherever

located, including non-final drafts or earlier versions and non—

identical copies of any of the above, and all compilations of the

foregoing, including binders, notebooks, folders and files.

F. “Facility” shall refer to the proposed landfill which is the

subject of the application filed by WMII with the County of Kankakee.

G. “Refer or relate” means anything which directly or indirectly

concerns, consists of, pertains to, reflects, evidences, describes,

sets forth, constitutes, contains, shows, underlies, supports, or

refers to in any way, or was used in the preparation of, appended to,

legally, 

logically,

or factually connected with, proves, 

disproves,

or

tends to prove or disprove.

H. The singular and plural form shall be construed

interchangeably so as to bring within the scope of these requests any

documents which might otherwise be construed outside their scope.

I. The words “and” and “or” shall be construed conjectively and

disjunctively as necessary to bring within this document request all

information that might otherwise be construed as outside their scope.

INSTRUCTIONS

1.

Continuing Responses. 

This document request shall be deemed

to be continuing in nature and if, after serving your responses,

additional information becomes known or available to you that is

responsive to this document request, then you are required to

reasonably supplement or amend your responses.

2.

Work Product or Privileges. 

With respect to each document,

oral statement, or communication which you claim is privileged or

subject to the work product doctrine, identify the document, statement

or communications to the fullest extent, including the date, maker, and

recipient, the general subject matter, and the basis of the claim of

privilege or work product.

In accordance with the foregoing definitions and instructions,

please produce the following:

DOCUMENT REQUESTS

1. Identify and produce any and all documents, letters, or

memoranda which were read, reviewed, or examined by the County of

Kankakee, the Kankakee County Board, or their agents during the

consideration of the WMII Landfill Siting Application, which either are

or are not a part of the public record of the hearing.

2. All reports, correspondence, and other documents received by

the County of Kankakee, its officers, department heads, supervisors

and staff or the Kankakee County Board (including, but not limited to,

its consultants, attorneys and experts) from WMII (including, but not

limited to, its consultants, attorneys and experts) and sent to or

obtained by the County of Kankakee, its officers, department heads,

supervisors and staff or the Kankakee County Board (including, but not

limited to, its consultants, attorneys and experts) regarding the

planning, development, and siting of the Facility.

3. All notes, minutes, and other documents of all phone calls and

meetings between WHIT and the County of Kankakee, the Kankakee County

Board, or their agents relating to the planning, development, and

siting of the Facility.

4. Any and all documents relied upon or reviewd by or received by

the County of Kankakee, its officers, department heads, supervisors and

staff or the Kankakee County Board (including, but not limited to, its

consultants, attorneys or experts) concerning or relating to the

landfill or siting of the landfill which is not contained in the

Landfill Siting Application or the County of Kankakee public record.

5. All correspondence, contracts or other communications between

each opinion witness or other witness and the County of Kankakee, its

officers, department heads, supervisors and staff or the Kankakee

County Board (including, but not limited to, its consultants, attorneys

and experts) in connection with the subject matter of this action.

6. All demonstrative exhibits which the County of Kankakee, the

Kankakee County Board, or their agents may offer or use at hearing.

7. All exhibits which the County of Kankakee, the Kankakee County

Board, or their agents may offer into evidence or otherwise use at

hearing including, but not limited to, documents, summaries, objects,

charts, and other items.

8. All transcripts, statements, articles, writings or other

documents or tangible items which the County of Kankakee, the Kankakee

County Board, or their agents may use at hearing in direct or cross-

examination of any witness.

9. All releases, covenants or other agreements, promises or

understandings (including any document reflecting or referring to the

same) with respect to the subject matter of this action, which is not

contained in the Landfill Siting Application nor admitted into evidence

at the Kankakee County Board hearing on the Application.

10. Any and all documents or things set forth or referred to in

Respondent’s answers to interrogatories propounded by Petitioner, or

which Respondent or Respondent’s counsel consulted to prepare said

answers.

11. It is further requested that each party and/or his or its

attorney in compliance with this request for production shall furnish

an Affidavit stating whether the production is complete.

DATED: February 28

2003.      

Respectfully submitted,

PREPARED BY:

L. Patrick Power

Assistant City Attorney

956 North Fifth Avenue

Kankakee, IL 60901

815/937—6937

Kenneth A. Leshen

Assistant City Attorney

One Dearborn Square, Suite 550

Kankakee, IL 60901

815/933—3385

THE

of Its

AFFIDAVIT OF SERVICE

CLF~~SOFFICE

MAR 5 2003

The undersigned, pursuant to the provisions of Sect/1J~—~f~01êhe

Illinois Code of Civil Procedure, hereby under penalty

the laws of the United States of America, certifies that on February 28,

2003, a copy of the foregoing Petitioner City of Kankakee’s Document

Requests was served upon:

Karl Kruse, Chairman

Kankakee County Board

189 East Court Street

Kankakee, IL 60901

Charles F. Heisten, Esq.

Hinshaw & Culbertson

P. 0. Box 1389

Rockford, IL 61105—1389

Edward D. Smith, State’s Attorney

c/c Brenda Gorski, Asst. SA

189 East Court Street

Kankakee, IL 60901

Kenneth A. Bleyer

Attorney at Law

923 West Gordon Ter. #3

Chicago, IL 60613—2013

Leland Milk

6903 South Route 45—52

Chebanse, IL 60922

Keith Runyon

1165 Plum Creek Drive

Bourbonnais, IL 60914

Donald J. Moran

Attorney at Law

161 North Clark, Suite 3100

Chicago, IL 60601

Bruce Clark

Kankakee County Clerk

189 East Court Street

Kankakee, IL 60901

Jennifer J. Sackett Pohlenz

Attorney at Law

275 W. Jackson Blvd., Ste. 1600

Chicago, IL 60604

Patricia O’Dell

1242 Arrowhead Drive

Bourbonnais, IL 60914

George Mueller

Attorney at Law

501 State Street

Ottawa, IL 61350

ISU)~~IBED N SWORN

No~ar~yPublic

L. Patrick Power

Assistant City Attorney

956 North Fifth Avenue

Kankakee, IL 60901

815/937—6937

Kenneth A. Leshen

Assistant City Attorney

One Dearborn Square, Suite 550

Kankakee, IL 60901

815/933—3385

by depositing a copy thereof, enclosed in an envelope in the United States

Mail at Kankakee, Illinois, proper postage prepaid, before the hour of

5:00 p.m., addressed as above.

0

~r~me   

this ~ day of February, 2003.

r~I~CIAL~

~NOTARY PUBUC,

pp~E

STATE

SE~’~IGRAY

OFWNO~S~

~COMMIBE~ONEXP~ES

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