BEFORE THE ILLINOIS POLLUTION CONTROL
CLERK’S
OFFJCE
THE
CITY OF KANKAKEE,
an Illinois
)
MAR
1. 0 2003
Municipal Corporation,
)
5it~ft.OF1LuiNOIS
Pollution Control Board
Plaintiff,
)
NO.
PCB 03—125
vs.
COUNTY OF KANKAKEE,
a body politic and
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
Respondent, WASTE MANAGEMENT OF ILLINOIS,
INC.,
(hereinafter,
“WMII”).
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,
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 related in any way
to WMII 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 related in any way
to WMII who met,
talked,
or communicated with any members of the Kankakee
County Board,
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.
4:
Identify all persons related in any way to WMII
who met,
talked,
or otherwise communicated with the County of Kankakee
and/or the Kankakee County Board,
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,
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)
identify the subject matter of each such communication;
(c)
describe and delineate the exact statements made during th~
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 any persons related in any way to
WMII who communicated with each other regarding the, planning and
siting of the facility.
ANSWER:
(a)
identify the individual by name and title and identify
what type of communication took place
(written, oral,
telephone, e-
mail,
etc.);
(b)
identify the subject matter of each such communication;
(c)
describe and delineate the exact statements made during th~
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.
6:
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 or her
testimony.
ANSWER:
INTERROGATORY NO.
7:
Please identify each and every document relied
upon in the preparation of your answers to these interrogatories.
ANSWER:
DATED: March
6,
2003.
PREPARED BY:
Respectfully submitted,
THE CIT~OF
KANKAKEE
BY:
~
/
Kenn~thA. Les
n
One of Its Attorneys
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
AFFIDAVIT OF SERVICE
The undersigned,
pursuant to the provisions of Section 1-109 of the
Illinois Code of Civil Procedure,
hereby under penalty of perjury under
the laws of the United States of America,
certifies that on March
6,
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. Helsten,
Esq.
Hinshaw
& Culbertson
P.
0.
Box 1389
Rockford,
IL
61105—1389
Edward
D.
Smith,
State’s Attorney
do 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
175
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
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.
/
SUBS~RIBEDAND SWORN TO before me this
6th
day of March,
2003.
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