BEFORE THE ILL.             

)L BOARDrc.~kj~~

MunicipalTHE CITY OFCorporation,KANKAKEE, an liii               

CLERK~S

OFFICE

2003

STATE OF

1LUN

COUNTYvs.OF KANKAKEE, a bodyPlaintiff,politic and 

)

NO.

PCB O3~~°~

Control

Board

corporate; KANKAKEE COUNTY BOARD; and

WASTE

MANAGEMENT OF ILLINOIS, INC.,

Defendants.

PETITIONER CITY OF KANKAKEE’S INTERROGATORIES

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

Interrogatories 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.

F. “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, memorandum,

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 answer the following:

INTERROGATORIES

INTERROGATORY NO. 1: Identify all persons who provided

information regarding or assisted in answer these Interrogatories.

ANSWER:

INTERROGATORY NO. 2: Please identify all persons of WHIT who met,

talked, or communicated with the County of Kankakee, County of Kankakee

department heads, professional and technical staff, County employees,

and its attorneys, including Edward D. Smith and his assistants in the

office of the Kankakee County State’s Attorney’s Office, prior to the

filing of the landfill Siting Application on August 16, 2002 relating

to the planning, development and siting of the Facility, and for each

such individual, please:

(a) identify the individual by name and title and identify

what type of communication took place (written, oral, telephone,

e—mail, etc.);

(b) the subject matter of each such communication;

(c) describe and delineate the exact statements made during

the course of each such communication;

(d) identify date, time and duration of each such

communication;

(e) identify the location of each such communication; and

(f) identify all persons present at such communication.

ANSWER:

(a)

(b)

(c)

(d)

(e)

(f)

INTERROGATORY NO. 3: Please identify all persons of WMII who met,

talked, or communicated with any members of the Kankakee County Board

and/or County of Kankakee prior to the filing of the Landfill Siting

Application on August 16, 2002 relating to the planning, development

and siting of the Facility, and for each such individual, please:

(a) identify the individual by name and title and identify

what type of communication took place (written, oral, telephone,

e-mail, etc.);

(b) the subject matter of each such communication;

(c) describe and delineate the exact statements made during

the course of each such communication;

(d) identify date, time and duration of each such

communication;

(e) identify the location of each such communication; and

(f) identify all persons present at such communication.

ANSWER:

(a)

(b)

(c)

(d)

(e)

(f)

INTERROGATORY NO. 4: Identify all persons of WMII who met,

talked, or otherwise communicated with the County of Kankakee and/or

the Kankakee County Board after the filing of the Landfill Siting

Application on August 16, 2002, relating to the planning, development

and siting of a solid waste management facility, and for each such

individual, please:

(a) identify the individual by name and title and identify

what type of communication took place (written, oral, telephone,

e—mail, etc.);

(b) the subject matter of each such communication;

(c) describe and delineate the exact statements made during

the course of each such communication;

(d) identify date, time and duration of each such

communication;

(e) identify the location of each such communication; and

(f) identify all persons present at such communication.

ANSWER:

(a)

(b)

(c)

(d)

(e)

(f)

INTERROGATORY NO. 5: Identify all County of Kankakee and Kankakee

County Board officials or personnel that had any involvement in, made

any recommendations, or made any decisions regarding the January 31,

2003, decision granting approval of WHIT’s Landfill Siting Application,

and for each such individual, please:

(a) identify the individual by name and title and identify

what type of communication took place (written, oral, telephone,

e—mail, etc.);

(b) describe the nature and extent of the persons’

involvement;

(c) identify all documents reviewed by such person regardiag

the January 31, 2003, decision granting approval of the Landfill

Siting Application;

(d) identify all documents generated by such personnel

having involvement in, making recommendations or decisions

regarding the January 31, 2003, decision granting approval of the

landfill Siting Application.

ANSWER:

(a)

(b)

(c)

(d)

INTERROGATORY NO. 6: Identify all Kankakee County Board members

who met, talked, or otherwise communicated with County of Kankakee

department heads, supervisors, staff, employees or consultants before

or after the filing of the Landfill Siting Application on August 16,

2002, relating to the planning, development and siting of the Facility~

and for each such individual, please:

(a) identify the individual by name and title and identify

what type of communication took place (written, oral, telephone,

e—mail, etc.);

(b) the subject matter of each such communication;

(c) describe and delineate the exact statements made during

the course of each such communication;

(d) identify date, time and duration of each such

communication;

(e) identify the location of each such communication; and

(f) identify all persons present at such communication.

ANSWER:

(a)

(b)

(c)

(d)

(e)

(f)

INTERROGATORY NO. 7: Please identify each witness you expect to

present to testify at hearing, and state the subject of each witness’s

testimony and identify any document any witness will utilize in his 

her testimony

ANSWER:

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

BY:

AFFIDAVIT OF SERVICE

J~RECE!VED

CLERK’S OFFiCE

M/~R 5 2003

The undersigned, pursuant to the provisions of Sec~- 

the

Illinois Code of Civil Procedure, hereby under ~

the laws of the United States of 

America, certifies that on February

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

Interrogatories 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/o 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

.U.~RIBED~ SWORN

Not ry Public

L. Patrick Power

Assistant City Attorney

956 North Fifth Avenue

Kankakee, IL 60901

815/937—6937

Assistant City Attorney

One Dearborn Square, Suite 550

Kankakee, IL

60901

815/933—3385

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.

TO~ore me this 28th  day of February, 2003.

~

NOTARY

N~COL6

PUNUC,

P~E

S~\1EOF

GFIAY

ILLINOIS

~MY

CO U~

ENPI

7-29-2004

Kenneth A. Leshen