RECEIVED
CLERK’S OFFICE
BEFORE THE iLLINOIS POLLUTION CONTROL BOARD
JUL 21 2003
PEOPLE OF THE STATE OF ILLINOIS,
)
STATE
iOfl
OFControlIWNOIS
Board
Complainant,
)
)
vs.
)
PCB96-143
)
(Enforcement
-
Water)
MICHEL GRAIN COMPANY, INC.,
)
alk!a
MICHEL FERTILIZER, an
)
Illinois Corporation, CARYLE
)
MICHEL and RONNIE TODD,
)
)
Respondents.
)
SUPPLEMENTAL ANSWERS TO COMPLAINANT’S THIRD SET OF
INTERROGATORIES
DIRECTED TO MICHEL GRAIN COMPANY, INC.,
d/b/a
MICHEL
FERTILIZER and CARYLE MICHEL
Now come the Respondents, Michel Grain Company, Inc., d/b/a
Michel Fertilizer and Caryle Michel, by their attorney, Douglas A.
Antonik, and state the following in response as the Supplemental
Answers to Complainant’s Third Set of Interrogatories pertaining to
the ma Facility.
III. INTERROGATORIES
INTERROGATORY NO. 2:
-
For each count of the Complaint filed herein, identify any
current or past offices, agent, employee, or representative of
Michel or any other person acting for Michel, having knowledge of
the facts alleged in each count.
:i~
ANSWER:
Caryle Michel, Jeff Moore, Chris Michel, Marsha
Bean.
-
INTERROGATORY NO.3:
Pursuant to Illinois Supreme Court Rule 213 (f), please provide
the name and address or each witness, who will testify at hearing
on behalf of Michel and state the subject of each witness’s
testimony.
ANSWER:
1) Caryle Michel, #22 Wildwood, Mt. Vernon,
IL
Rule 213 (f) (1) Witness
Caryle Michel will testify as to the condition
of the Ina facility and its operation during
the relevant time period.
2) Chris Michel, 13620 N. Harmony Ln.,
Opdyke, IL
Rule 213 (f) (1) Witness
Chris Michel will testify as to the condition
of the Ina facility and its operation during
the relevant time period.
3) Marsha Bean, 5370 N. Spring Garden Ln,
Bonnie, IL 62816 Rule 213 (f) (1) Witness
Marsha Bean worked for Mr. Michel and will
testify as to the condition of the Ina
facility and its operation during the relevant
time period.
4) Jeff Moore, 16325 E. Saddle Club Road,
Bonnie, Illinois 62816
Jeff Moore will testify as to the condition of
the Ina facility and its operation during the
relevant time period.
5) Todd Gentles, ARDL, Inc. 400 Aviation
Road, Mt. Vernon, IL 62864
Rule 213 (f) (3) Witness
2
Todd Gentles will testify he analyzed the
results of the State of Illinois testing and
that the results were inconclusive due to the
method of testing.
6)
-
Val Gibbons, ARDL Inc., 400 Aviation
Road, Mt. Vernon,
IL
62864
Rule 213 (f) (3) Witness
Val Gibbons will testify he analyzed the
results of the State of Illinois testing and
that the results were inconclusive due to the
method of testing.
INTERROGATORY NO.4:
Provide the dates, locations, analytical results, detection
limits, names of persons who took and/or analyzed any and all
samples of soil, groundwater and/or surface waters, or any other
substances at, near or relative to the ma facility during the
relevant time period and including the future until such times as
this matter is resolved.
ANSWER:
See ARDL Report prepared by ARDL, Inc.
INTERROGATORY NO. 6:
Identify who owns/owned the Ina facility during the relevant
time period? If Michel owns the Ina facility, identify the
following:
a. all documents related to the ownership of the Ina
facility;
b. all persons having knowledge of any facts related to
the ownership of the Ina facility; and
3
c. describe all events, transactions, or occurrences
related to the ownership of the Ina facility.
ANSWER:
a. Attached in Request to Produce.
b. Caryle Michel and Chris Michel.
c. Caryle Michel and Catherine Michel purchased the Ina
facility in 1980.
INTERROGATORY NO. 7:
Identify all current and past employees of Michel who are
responsible for maintaining the Control Board’s regulations during
the relevant time period.
ANSWER:
Jeff Moore, Chris Michel, Caryle Michel.
INTERROGATORY NO. 17:
Specifically describe all the spill containment and prevention
equipment, structures and/or practices used by Michel at the
Ina Facility.
ANSWER:
Michel Fertilizer, Inc. used all of the necessary care and
preventative measures when it operated the Ina facility. All
operations would have been under the direction and/or control of
Chris Michel, Jeff Moore or Caryle Michel.
INTERROGATORY NO. 25:
Identify the person(s) who washed out the chemical trucks and
4
put new gravel over the discolored gravel at the Ina facility.
Identify the person(s) who gave this person(s) the authority to
wash out the chemical trucks and put new gravel over the discolored
gravel at the Ina facility.
ANSWER:
Unknown that these events occurred.
INTERROGATORY NO. 26:
Identify all person(s) who operated the~Ina facility in 1990.
ANSWER:
Jeff Moore
/
Chris Michel and Caryle Michel.
INTERROGATORY NO. 27:
State John Glover’s qualifications as an expert witness, his
conclusions and opinions and the basis thereof; and Mr. Glover’s
fees for consulting and providing testimony in this matter.
ANSWER:
John Glover was employed by ARDL and his report was previously
provided. Mr. Glover is no longer employed by ARDL, Inc.
INTERROGATORY NO. 28:
Do you contend that since at least May 1989, and continuing
until the filing of this Complaint, including but not limited to
January 8, 1990, March 29, 1990, February 23, 1993, January 31,
1995, April 19, 1995 and February 16, 1996, you have not caused or
allowed the discharge and disposal of atrazine, alachior,
metolachior and pendimethalin at or from the Ina facility? If so,
5
please state every fact upon which you base this contention.
ANSWER:
Yes, there were no products at the Ina facility on all of the
aforementioned dates.
-
C~MMichel
-
Fertili~ & Equipment
~~~1
sworn to before me this
/öi5U
day of
z
NotarY/’ubllc
VERIFICATION
STATE OF ILLINOIS
SS.
COUNTY OF JEFFERSON
I, Caryle Michel, being first duly sworn on oath, depose and
state that I am the Respondent in the above-entitled cause; and I
have read the foregoing Answers to Interrogatories and the contents
contained therein are true and correct to the best of my knowledge
and belief.
~CHE~/b/aMichel
Fertili r and Equipment
S crbed and sworn to before me this /~day of
_______________________
2003.
1~EIAt~S~1
CHERYL A WEHAHEIM
NOTARY PUBLIC. STATE OF ILLINOIS
MY COMMISSION EXPlRES:O2/21/~6
QFFICIAL
SEAL
CHERYL A WEHRHEIM
NOTARY PU8LIC~STATE OF ILLINO~
MY COMMISSION EXP1RES:O2/21~j~
6
CERTIFICATE OF SERVICE
The undersigned certifies that a copy of the foregoing
instrument was served upon:
Angela Eaton Hamilton
Assistant Attorney General
500 South Second Street
Springfield, IL 62706
Dorothy Gunn, Clerk
Illinois Pollution control Board
State of Illinois Center
100 West Randolph
Chicago, IL 60601
Carol Sudman
Hearing Officer
Illinois Pollution Control Board
600 S. Second St., Ste. 402
Springfield, IL 62704
William F. Bonan
P.O. Box 309
McLeansboro, IL 62859
by enclosing in an envelope with postage fully prepaid and by
depositing said envelope in a U. S. Post Office mail box in Mt.
Vernon, Illinois, on the /~~~dayof July, 2003. The above is
true and correct to the best of the undersigned~s knowledge.
~
~
ANTONIK LAW OFFICES
1921 Broadway
-
P. 0. Box 594
Mt. Vernon, IL 62864
Phone: (618) 244-5739
Fax:
(618) 244-9633
AntonikLaw@charter
.
net
7
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
PEOPLE OF THE STATE OF ILLINOIS,
)
)
Complainant,
)
)
vs.
)
PCB96-143
)
(Enforcement
-
Water)
MICHEL GRAIN
COMPANY,
INC.,
)
aiicia MICHEL FERTILIZER, an
)
Illinois Corporation, CARYLE
)
MICHEL and RONNIE TODD,
)
)
Respondents.
)
CERTIFICATE OF COMPLIANCE
Now comes the Respondent, Caryle Michel, d/b/a Michel
Fertilizer and Equipment, by his attorney, Douglas A. Antonik, and
hereby certifies that, in compliance with Illinois Supreme Court
Rules, he has served the Supplemental Answer to the Third Set of
Interrogatories propounded to him by Complainant, People of the
State of Illinois, Illinois Pollution Control Board, through its
attorney, Angela Eaton Hamilton, Assistant Attorney General,
Environmental Bureau, 500 S. Second Street, pringfield, IL 62706,
on July 15, 2003.
By ________________________
S A. ANTONIK
ANTONIK LAW OFFICES
1921 Broadway, P.O. •Box 594
Mt. Vernon, IL 62864
6l8~244-5739 Phone
618-244-9633 Fax
AntonikLaw@charter
.
net
BEFORE THE ILLINOIS POLLUTION CONTROL BOAR~~~
~X~D
PEOPLE OF THE STATE OF ILLINOIS,
)
JUL 21 2003
Complainant,
STATE OF ILLINOIS
)
Pollution Control
Board
vs.
)
PCB96-143
)
(Enforcement
-
Water)
MICHEL GRAIN COMPANY, INC.,
)
aik/a MICHEL FERTILIZER, an
)
Illinois Corporation, CARYLE
)
MICHEL and RONNIE TODD,
)
)
Respondents.
)
SUPPLEMENTAL RESPONSE TO SECOND REQUEST FOR THE
PRODUCTION OF DOCUMENTS PROPOUNDED BY THE STATE OF
ILLINOIS
I, Caryle Michel, being first duly sworn on oath, depose and
state that I have reviewed the Request to Produce served upon me by
Complainant, the State of Illinois, and made available all
supplemental documents pertaining to the Ina facility which are in
my possession, custody or control to my attorney, Douglas A.
Antonik, for inspection.
-~
1. Attached to this response and previous response.
2. Attached to this response and previous response.
5. Attached to this response.
-
6. Attached to this response and previous response.
10. Any written statement is attached.
11. Attached to this response.
13. Attached to this response and previous response.
14. Attached to this response and previous response.
15. Attached to. this response and previous response.
16. If any, attached to this response.
~~E~/aM~e
1
Fert izer and Equipment
bed and sworn to before me this
/~~)L
day of
2003.
Notary
C~~c
P~p~LIc
~
Douglas A. Antonik
ANTONIK
LAW
OFFICES
1921 Broadway, P.O. Box 594
Mt. Vernon, IL 62864
618-244-5739
C
~ OFFICIAL
SEAL
~
~ CH~ERYLA WEHRHEIM ~
~ NOTARY PUBLIC.
STATE OF
ILLINOI8 ~
MY COMMISSION EXP1RES:02/21/Ø5 ~
~
CERTIFICATE OF SERVICE
The undersigned certifies that a copy ofthe foregoing instrument was served upon:
Angela Eaton Hamilton
Assistant Attorney General~.
500 South Second Street
Springfield, IL 62706
Dorothy Gunn, Clerk
Illinois Pollution Control Board
State ofIllinois Center
100 West Randolph
Chicago, IL 60601
F. William Bonan
Attorney at Law
North Side Square
McLeansboro, IL 62859
Carol Sudman
Hearing Officer
Illinois Pollution Control Board
600 5. Second St., Ste. 402
Springfield, IL 62704
by enclosing in an envelope with postage fully prepaid and by depositi1)g-~ai4~envelopein a U. S.
Post Office mail box in Mt. Vernon, Illinois, on the /~5~iLdayof
~
,
2003. The
above is true and correct to the best ofthe undersigned’s knowledge.
~~eu.
&
ANTONIK. LAW OFFICES
1921 Broadway
-
P.
0. Box
594
Mt. Vernon, IL 62864
Phone: (618)244-5739
Fax: (618) 244-9633
AntonikLaw@xharter.net
pos’michel.epa
RECEIVED
BEFORE THE ILLINOIS POLLUTION CONTROL BOA~RK’SOFFICE
PEOPLE OF THE STATE OF ILLINOIS,
)
)
STATE OF ILLINOIS
Pollution
Control Board
)
)
PCB 96-143
)
MICHEL GRAIN COMPANY, INC.,
alic/a MICHEL FERTILIZER, an
Illinois Corporation, CARYLE
MICHEL and RONNIE TODD,
Respondents.
)
(Enforcement
-
Water)
)
)
)
)
)
)
VERIFICATION TO SECOND REQUEST TO PRODUCE PROPOUNDED BY
THE STATE OF ILLINOIS
I, Caryle Michel, being first duly ~worn on oath, depose and
state that I have reviewed the Request to Produce served upon me by
Complainant, the State of Illinois, and made available all
supplemental documents pertaining to the Ina facility which are in
my possession, custody or control to my attorney, Douglas A.
Antonik, for inspection.
Douglas A. Antonik
ANTONIK LAW OFFICES
1921 Broadway, P.O. Box 594
Mt. Vernon, IL 62864
618-244-5739
CARYLE/MIC1~
,
/b7a Michel
Ferti’izer and Equipment
Complainant,
vs.
JUL
212003
S sc bed and sworn to before me this
_____________________________ 2003.
/6?~1
day of
No ry P~,Dl1c
RECEIVED
CLERK’5
0FF~rF
BEFORE THE ILLINOIS POLLUTION CONTROL BOAR~UL2 1 2003
PEOPLE OF THE STATE OF ILLINOIS,
)
)
PollutionSTATE
OFControlILLINOISBoard
Complainant,
)
)
vs.
)
PCB96-143
)
(Enforcement
-
Water)
MICHEL GRAIN COMPANY, INC.,
)
a/k/a MICHEL FERTILIZER, an
)
Illinois Corporation, CARYLE
)
MICHEL and RONNIE TODD,
)
Respondents.
)
CERTIFICATE OF MAILING
(State of Illinois)
The undersigned certifies that a copy of following documents were
deposited in a United St~tes Post~0ff~iceBox in Mt. Vernon, Illinois,
at
5:00 p.m. on the /?.~A.~day~
2003 along with the
Supplemental Answers to Interroga~ori~pertaining to the Ina facility.
1.
All correspondence regarding ma facility dating from 1982
through 2000.
2.
Warranty Deed to caryle Michel and catherine Michel.
3. Illinois Department of Agriculture documents.
4. Requests for Proposal,1991 and 1992.
5.
ARDL,
Inc. Sampling and Analysis Report.
6. Various maps and copies of anal photos of ma facility.
That postage was fully prepaid and the documents were
addressed to the following:
Angela Eaton Hamilton
Assistant Attorney General
500 South Second Street
Springfield, IL 62706
Dorothy Gunn, Clerk
Illinois Pollution Control Board
State of Illinois Center
100 West Randolph
Chicago, IL 60601
Carol Sudman
Hearing Officer
Illinois Pollution Control Board
600 S. Second St., Ste. 402
Springfield, IL 62704
William F. Bonan
P.O. Box 309
McLeansboro, IL 62859
That the undersigned has retained the originals and becomes the
custodian thereof.
____
0 SA ~~ONIK
Attorney at Law
1921 Broadway, P.O. Box 594
Mt. Vernon, IL 62864
(618)244-5739
IL. A~DC
#
06190629
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
RECEIVEDCLERK’S
OFFICE
JUL 212003
PEOPLE OF THE STATE OF ILLINOIS,
)
)
STATE OF ILUNOIS
Complainant,
)
Pollution Control
Board
)
vs.
)
PCB96-143
)
(Enforcement
-
Water)
MICHEL GRAIN COMPANY, INC.,
)
a/k/a MICHEL FERTILIZER, an
)
Illinois Corporation, CARYLE
)
MICHEL and RONNIE TODD,
)
)
Respondents.
)
DISCLOSURE OF OPINION WITNESSES OF CARYLE MICHEL
COMES NOW Caryle Michel, by his attorney, Douglas A.
Antonik, and states the following as his disclosure of opinion
witnesses as to the Ina Facility.
Todd Gentles, ARDL, Inc., 400 Aviation Drive, Mt.
Vernon, IL 62864; and/or
Val D. Gibbons, PHD., ARDL, Inc. 400 Aviation Drive,
Mt. Vernon, IL 62864.
Mr. Gentles and Mr. Gibbons may testify as a rebuttal
witness to the Complainant’s witnesses. The nature of their
rebuttal would be questioning the scientific acceptability of the
testing results and the procedures employed by the State of
Illinois. Mr. Gentles and Dr. Gibbons’ qualifications will be
disclosed upon receipt.