1. CERTIFICATE OF SERVICE
RECE~VE~
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
CLER~’c
r~
PEOPLE OF THE
STATE OF ILLINOIS,
)
JUL
2
8
2003
)
STATE OF ILLINOIS
Complainants,
)
Pollution Control Board
)
PCB#0l-07
vs.
)
(Enforcement-Air)
)
QC FINTSRERS, INC., an Illinois Corporation,)
)
Respondent.
)
NOTTCE OF FILING
To:
Ms.
PaulaBecker Wheeler
Assistant Attorney General
Office ofthe Attorney General
188 West Randolph Street, 20th Floor
Chicago, Illinois
60601
Mr. Bradley Halloran
Hearing Officer
Illinois Pollution Control Board
James R. Thompson Center, Suite 11-500
100 W. Randolph Street
Chicago, Illinois
60601
PLEASE TAKE NOTICE that I have today filed with the persons listed above a copy of
RESPONDENTS MOTION TO QUASH NOTICES OF DEPOSITION on behalfofQC
Finishers,
Inc., a copy ofwhich is hereby served upon you.
Respectfully submitted,
Heidi B. Hanson
Dated
Ju1y25,2003
Heidi E. Hanson
H. E. Hanson, Esq. P.C.
4721
Franklin Aye, Suite
1500
Western Springs, IL 60558-1720
(708) 784-0624
RECEIVEE~
CLERK’S
OFFTCE
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
JUL
282003
PEOPLE OF THE STATE OF ILLINOIS,
)
STATE OF ILLINOIS
)
Pollution
Control Board
Complainant,
)
)
PBC#O1-07
vs.
)
(Enforcement-Air)
)
Q
C FiNISHERS, INC., an Illinois Corporation,)
)
Respondent.
)
RESPONDENT’S MOTION TO QUASH NOTICES OF DEPOSITION
NOW COMES Respondent, QC Finishers, Inc., by and through its attorney, H.E.
Hanson, Esq. P.C., and moves the Hearing Officerpursuant to 35111. Adm.
Code
101.622(d) to quashthe notices ofdeposition issued to Charles Stitzel, Zbigniew
Skirucha, Paul Podedworny, Paul Gratzke, Steve Anderson and Frank Bartholomew.
In
support ofthis motion Respondent states as follows:
1.
Complainant hasissued
six notices ofdeposition to the persons listed above.
The notices purport to command the production ofcertaindocuments, identified on
Attachment A to each notice.
True and correct copies ofthe notices are attached.
2.
The Illinois Environmental Protection Act,
415
ILCS
5/5(e)
provides that the
“Board may subpoena and compel the attendance ofwitnesses and the production of
evidence.”
Board rule 35 Ill Adm. Code
101.622(a), further provides that “the Clerk will
issue subpoenas for the attendance ofwitnesses at a hearing or deposition.
Subpoena
forms are available at the Board’s office.”
3.
The notices filed by Respondent were not effective as subpoenas in the
following respects:
a.
They were not issued by the Clerk ofthe Illinois Pollution Control Board.
b.
They were not on subpoena forms.
c.
Theydid not offer witness fees pursuant to
35 Ill Adm. Code
10 1.622(e).
4.
The Board’s rules speciJ~r
standards and filing requirements for subpoenas.
The
Board’s rules do
not address or specifically permit parties to compel the attendance of
witnesses by “notice.”
1
5.
Board rule, 35111. Adm.
Code 101.622(c), provides that subpoenas may include
a command to produce papers, etc..
The notices are not subpoenas, therefore they may
not command the productionof documents.
6.
The notices were improperly served and are therefore void forthe following
reasons:
a.
The names and addresses ofthe personsmost knowledgeable about the facts in
the Complaint were timely supplied to Complainant on June 16,2003.
The
Hearing Officer Order of
April
2, 2003 stated
that
deposition notices were to be
served on or before July 7, 2003.
The Certificate ofService states that it was filed
on July
8, 2003.
Thus the notices were ified a day late in violation oftheHearing
Officer order.
b.
35111 Adm.
Code
101.622(b) provides
that
a “copy ofthe subpoena must be
ified with the Clerk and served upon the hearing officer within 7 days after service
upon the witness.
Failure to serve both the Clerk and the hearing officer will
renderthe subpoena nulland void...”
No ProofofService or Certificateof
Service
showing
that
the notice ‘was ified the Board’s Clerkwas served upon Respondent.
7.
The two notices sent to the nonparties, Steve Anderson, an independent
consultant,
and Frank Bartholomew, a former employee, are additionally deficient in the
following respects:
a.
The Board’s rules provide that “anydiscovery requestunder theserules to any
nonparty must be ified withthe Clerk ofthe Board with a
signed
original and 4
duplicate copies
(5
total)... 35
III. Adm. Code
101.302(i).
No proofofsuch
service was filed with the two nonparty notices.
b.
Without the approval ofthe Clerk ofthe Board, as evidenced by her signature
on the subpoena form,
neither the parties northe Hearing Officerhas theauthority
to the compel the production ofdocuments by an individual who is not an
employee or an officer ofa party in the case.
8.
The informationdemanded in Attachment A ofthe notices is impermissibly
broad in scope and would result in undue expense, undue delay and harassment ofthe
witnesses in the following respects:
a.
Paragraph 1, which is identical in all six notices, requests “any and all
documents related to...the operation of
Q
C Finishers.”
The production ofeach
and every document related to
Q
C Finishers
18 years ofoperation would be a
massive undertaking.
2
b.
Paragraph4, which is identical in all six notices, requests all documents
and correspondence between
Q
C Finishers and manufacturers ofcertainmaterial
used at
Q
C Finishers from
1985
until approximately 1999, a period ofsixteen
years.
This is also
an unduly burdensome request.
c.
The notices sent to Messrs. Stitzel, Podedwomy, Skirucha and (3ratzke
are deficient in that paragraphs
5 and 6 seek information on
Q
C Finishers assets
and lease, neither ofwhich is relevant to the alleged violations or to the Act’s
33(c) or 42(h) factors.
Further the information sought by theparagraphs would
also include confidential information which would be protected from disclosure
pursuant to
35111 Adm. Code
10 1.614.
11.
Last, the notices sent to each witness contained the threat that the People
“reserve the right to seek reimbursement ofcosts from deponent...in the event said
deponent does not produce documents required by this notice.”
12.
The Board does not have the authority to
assess costs against witnesses.
35
Ill Adm. Code 101.622(g) and
101.800.
“Section
10 1.800
does not allow the Board to
monetarily sanction the offending
party.
(See revision of the Board’s Procedural Rules
35
III. Adm.
Code
101-130,
R00-20
slip
op.
at
7
(Dec.21,
2000))
where
the
Board
eliminated
language
allowing the Board
to sanction the offending party with reasonable costs
incurred
by the moving party
in
obtaining
an
order for sanctions.)”
Lawrence
v.
North
Point Grade School, PCB 02-10, 2003 IllENV LEXIS
180 (April 3, 2003).
13.
Inaddition, because the Attorney General did not comply with the Board’s
rules, did not obtain a subpoena issued by the Board’s Clerk, and did not comply withthe
Hearing Officer’s Order in the issuance ofthe notices it has no basis to seek
an~
sanction.
14.
The threat stated in the notices has no basis in law and therefore served only
to harass, threaten and worrythe individuals to whom the noticeswere directed.
15.
In summary, the notices ifiedby Complainant purport to be the equivalent of
subpoenas but they do not comport with the Board’s rules governing subpoenas.
Only the
Board’s Clerk has the authority to issue subpoenas to
compel the attendance ofwitnesses
at depositions.
In addition the notices were untimely, not properly served, and unduly
burdensome.
For these and other reasons stated above the notices are null and void and
without legal effect.
16.
Ofgreatest concern is that the notices inappropriatelythreaten individuals
with monetary sanctions that the Board does not impose.
3
17.
Complainant fulled to use the Board’s approved subpoena forms and instead
has writtena notice that improperly threatens individuals in the Board’s name.
This
constitutes a willful attempt to obtain information by an improper discoverymethod
pursuant to 35 Ill Adm.
Code Section
101.802.
Therefore it is appropriate to prohibit the
Complainant, pursuant to
35111 Adm. Code
101.614, from filing additional notices or
subpoenas and further contributing to the delay and expense ofthis proceeding, and to the
harassment ofthese individuals.
WHEREFORE Respondent, QC Finishers, Inc. prays that this Court enter its
Order quashing the notices with prejudice to leave to refile additional notices and /or
subpoenas.
Respectfully Submitted,
QCF2~~
Its attorney
Dated: July 24, 2003
Heidi E. Hanson
H. E. Hanson, Esq. P.C.
4721
Franklin Ave., Suite
1500
Western Springs, IL 60558-1720
(708) 784-0624
~
4
BEFORE THE ILLINOIS POLLUTION
CONTROLBOARD
PEOPLE OF THE STATE OF ILLINOIS
Complainant,
QC FINISHERS,
INC.,
an Illinois
corporation,
Respondent.
TO:
Heidi
E. Hanson
H.E.
Hanson,
Esq.
P.C.
4721 Franklin Avenue
Suite 1500
Western Springs,
IL 60558-
1720
Mr. Bradley Halloran
Hearing Officer
Illinois Pollution Control Board
JR’TCI
Suite 11-500
100 W. Randolph Street
Chicago,
IL.
60601
NOTICE OF FILING
PLEASE TAKE NOTICE that we have today, July
8,
2003 filed with
the above named persons, copies of Complainant’s Notice of
Depositions,
a copies of which are attached herewith and served upon
you.
Respectfully submitted,
PEOPLE ~OFTHE
STATE
OF ILLINOIS
LISA
M~DIGAN
Attorney General of the
State of Illinois
BY:
PA~JLABEC~R.WHEELER
Assistant
Attorney
General
Environmental Bureau
188 W. Randolph St.,
20th
Fir.
Chicago,
IL 60601
(312)
814-1511
vs-
PCB No.
01-7
(Enforcement
-
Air)
THIS FILING IS SUBMITTED ON RECYCLED PAPER
CERTIFICA.TE OF SERVICE
I,
Paula Becker Wheeler,
an Assistant Attorney General in this
case,
dO certify that on this 8th day of July 2003,
I caused to be
served the foregoing Notice of Filing, Notice of Depositions upon the
persons named within by U.S. Mail at the above addresses.
PAUL1~J. ECKER WHEELER
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
PEOPLE OF THE
STATE OF ILLINOIS
Complainant,
vs-
)
PCB No.
01-7
(Enforcement
-
Air)
QC FINISHERS,
INC.,
an Illinois
corporation,
Respondent.
NOTICE OF DEPOSITION
On
July 24,
2003 at 9:30 am,
I, as attorney for Complainant,
People of the State of Illinois, pursuant to all applicable Rules
of the Illinois Supreme Court and
the Illinois Code of Civil
Procedure, will take in this action for the use and purpose of
discovery the deposition of Charles Stitzel, upon oral
examination, and we shall also inspect certain records which are
to be produced by the deponent
and
which are described in
Attachment A hereto.
The deposition will be taken before a
notary public, who is not a relative of nor attorney for any of
the parties, nor is a relative of~anyparty’s attorney, nor
financially interested in this matter.
Said deposition shall
take place at the Office of the Illinois Attorney General’s
Northern Environmental
Bureau,
188
W.. Randolph Street,
20th
Floor,
Chicago, IL 60601.
We reserve the right to continue the
deposition to another date and~seek reimbursement of costs from
deponent Charles Stitzel in the event
said deponent does not
produce documents required by this notice.
Respectfully submitted,
PEOPLE
OF
THE
STATE
OF
ILLINOIS,
LISA
MADIGAN,
Attorney General.of the
State of Illinois
MATTHEW
J.
DUNN, Chief
Environmental
Enforcement
/
Asbestos Litigation Division
ROSEMARIE CAZEAU,
Chief
Environmental Bureau
Assistant Attorneys General
By:
~
PAU
BECKER
WHEELER
Assistant Attorney General
Environmental Bureau
188 W. Randolph St. 20th Fl.
Chicago, Illinois 60601
(312)
814-1511 /(3l2)
814-0608
Attachment A
The
deponent
should
be
prepared
to
discuss
the
following
topics
and provide any and all documents related to those topics:
i.
The operation of QC Finishers.
Inc.,
located at 10244
Franklin Avenue,
Franklin Park, Cook County,
Illinois
(“Facility”),
including information and documents reflecting
related party transactions between QC Finishers,
Inc. and
its shareholders.
2.
Corporate officer and employee responsibility in relation to
QC Finishers,
Inc. located at the Facility.
3.
Any
and all business dealings and documents submitted to the
Illinois Environmental Protection Agency on behalf of QC
Finishers,
Inc
-
4.
Any
and
all documents and correspondence between QC
Finishers,
Inc. and manufacturers of coatings, solvents4
thinners,
reducers,
and any other volatile organic material
containing substances used at QC Finishers,
Inc. for any
purpose from 1985 until the zeolite finisher was installed,
including all Material Safety Data Sheets.
5.
QC Finishers,
Inc. assets and’ the disposition of QC
Finishers.,
Inc. assets from 1985 until the present.
6.
All, information and documents reflecting the ownership of QC
Finishers,
Inc.
and its lease payments and lease
•
requirements
for
the
facilities
located
at
the
above
address, and any information or documents reflecting the
ownership of the property and facilities located at the
address above.
BEFORE
THE
ILLINOIS
POLLUTION
CONTROL
BOARD
PEOPLE
OF
THE
STATE
OF
ILLINOIS
Complainant,
vs-
)
PCB No.~01-7
(Enforcement
-
Air)
QC FINISHERS,
INC.,
an Illinois
r~orporation,
Respondent.
NOTICE OF DEPOSITION
On July 24, 2003 at 1:30
pm,
I,
as attorney for Complainant,
People of the State of Illinois, pursuant to all applicable Rules
of the Illinois Supreme Court and the Illinois Code of Civil
Procedure,
will take in this action for the use
and
purpose of
discovery the deposition of
Paul D. Gratzke, upon oral
examination, and we shall also inspect certain records which are
to be produced by the deponent and which are described in
Attachment A hereto unless already produced.
The deposition will
be taken before a notary public, who is not a relative of nor
attorney for any of the parties, nor is a relative of any party’s
attorney, nor financially interested in this matter.
Said
deposition shall take place at the Office of the Illinois
Attorney
General’s
Northern
Environmental
Bureau~
188 W.
Randolph
Street, 2O~Floor, Chicago, IL 60601.
We reserve, the right
to
continue the deposition to another date
and seek reimbursement of
costs from deponent Paul D.
Gratzke,
in the event said deponent
does not produce documents required by this notice.
Respectfully submitted,
PEOPLE
OF
THE
STATE OF ILLINOIS,
LISA MADIGAN,
Attorney
General
of the
State
of
Illinois
MATTHEW J. DUNN,
Chief
Environmental Enforcement!
Asbestos’
Litigation
Division
ROSEMARIE
CAZEAU,
Chief
Environmental
Bureau
Assistant
Attorneys
General
By:
-
PA
BECKER WHEELER
Assistant Attorney General
Environmental Bureau
188 W. Randolph St. 20th Fl.
Chicago,
Illinois
60601
(312)
814-1511 /(312)
814-0608
-
Attachment A
The deponent should be prepared to discuss the following topics
and provide any
and
all documents related to thOse topics:
1.
The operation of QC Finishers.
Inc.,
located at 10244
Franklin Avenue, Franklin Park,
Cook County,
Illinois
(“Facility”),
including information and documents reflecting
related party transactions between QC Finishers,
Inc.
and
its shareholders.
2.
Corporate officer and employee responsibility in relation
to QC Finishers,
Inc. located at the Facility.
3.
Any
and all business dealings and documents submitted to the
Illinois Environmental Protection Agency on behalf of QC
Finishers,
Inc.
4.
Any
and
all documents and correspondence between QC
Finishers,
Inc. and manufacturers of coatings, solvents,
thinners,
reducers,
and any other volatile organic material
containing substances used at QC Finishers,
Inc. for any
purpose from 1985 until the zeolite finisher was installed,
including all Material Safety Data Sheets.
5.
QC Finishers,
Inc. assets and the disposition of QC
Finishers.,
Inc. assets from 1985 until the present.
6.
All information
and
documents reflecting the ownership of QC
• Finishers,
Inc. and its lease payments and lease
requirements
for’ the facilities located at the above
address, and any information or documents reflecting the
ownership of the property and facilities located at the
address above.
•
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
PEOPLE OF THE
STATE OF ILLINOIS
•
Complainant,
)
vs-
•
)
PCB
No.
01-7
(Enforcement
-
Air)
QC
FINISHERS,
INC.,
an Illinois
corporation,
Respondent.
NOTICE OF DEPOSITION
On July 25,
2003 at 9:30 am,
I, as attorney for Complainant,
People of the State of Illinois, pursuant to all applicable Rules
of the Illinois Supreme Court and the Illinois Code of Civil
Procedure,
will take in this action for the use and purpose of
discovery the deposition of
Paul
Podedworny,
upon
oral
examination, and we shall also inspect certain records which are
to be produced by the deponent and which are described in
Attachment A hereto unless already produced.
The deposition will
be
taken
before
a
notary
public,
who
is
not
a
relative
of
nor
attorney for any of the parties, nor is a relative of any party’s
attorney, nor financially interested in this matter.
Said
deposition shall take place
at
the
Office-of
the
Illinois
Attorney General’s Northern Environmental Bureau,
188 W. Randolph
Street,
20th
Floor, Chicago,
IL 60601.
We
reserve’
the right to
continue the deposition to another date and seek reimbursement of
costs from deponent Paul Podedworny,
in the event said deponent
does not produce documents required by this notice.
Respectfully submitted,
PEOPLE OF THE STATE OF ILLINOIS,
LISA MADIGAN,
Attorney General of the
State of Illinois
MATTHEW
J.
DUNN,
Chief
Environmental Enforcement!
Asbestos Litigation Division
ROSEMARIE CAZEAU,
Chief
Environmental Bureau
Assistant Attorneys General
By:
PAtILA BECKER WHEELER
Assistant Attorney General
Environmental Bureau
188 W. Randolph St. 20th Fl.
Chicago, Illinois 60601
(312)
814-1511 /(312)
814-0608
-
Attachment A
The deponent should be prepared to discuss the following topics
and.provide any and all documents related to those topics:
1.
The operation
of QC Finishers.
Inc.,
lOcated at 10244
Franklin Avenue,
Franklin Park, Cook County,
Illinois
(“Facility”),
including information and documents reflecting
related party transactions between QC Finishers,
Inc. and
its shareholders.
2.
Corporate officer and employee responsibility in
relation
to QC Finishers,
Inc. located at the Facility.
3.
Any
and all business dealings and documents submitted to the
Illinois Environmental Protection Agency on behalf of QC
Finishers,
Inc.
4.
Any
and
all documents and correspondence between QC
•
Finishers,
Inc. and manufacturers of coatings,
solvents,
thinners,
reducers,
and any other volatile organic material
containing substances used at QC Finishers,
Inc.
for any
purpose from 1985
until
the zeolite finisher was installed,
including
all Material Safety Data Sheets.
5.
QC Finishers,
Inc. assets and the disposition of QC
Finishers.,
Inc. assets from 1985 until the present.
6.
All information and documents reflecting the ownership of QC
Finishers,
Inc. and its lease payments and lease
requirements for the facilities located at the above
address,
and any information or documents reflecting the
ownership
of the property and facilities located at the
address above.
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
PEOPLE OF THE STATE OF ILLINOIS
Complainant,
vs-
)
PCB No.
01-7
•
)
(Enforcement
-
Air)
QC FINISHERS,
INC.,
an Illinois
corporation,
Respondent.
NOTICE OF DEPOSITION
On July 25, 2003 at 1:30 pm,
I,
as attorney for Complainant,
People of the State of Illinois, pursuant to all applicable Rules
of the Illinois Supreme Court and the Illinois Code of Civil
Procedure,
will take in this action for’ the use and purpose of
discovery the deposition of ‘Zbigniew Skirucha, upon oral
examination, and we shall also inspect certain records which are
to be produced by the deponent and which are described in
‘Attachment A hereto unless already produced.
The deposition will
be taken before a notary public, who is not a relative of nor
attorney for any of the parties, nor is a relative ofany party’s
attorney, nor financially interested in -this matter.
‘Said
deposition shall take place at the Office of the Illinois
Attorney
General’s
Northern
Environmental
Bureau,
188
W. Randolph
Street,
20th
Floor,
Chicago,
IL 60601.
We reserve the right
to
continue the deposition to another date and seek reimbursement of
costs from deponent Zbugbuew Skirucha,
in the event said deponent
does not produce documents required by this notice.
Respectfully submitted,
PEOPLE OF THE STATE OF ILLINOIS,
LISA MADIGAN,
Attorney General of the
State of
Illinois
MATTHEW
J. DUNN,
Chief
Environmental Enforcement!
Asbestos Litigation Division
ROSEMARIE CAZEAU,
Chief
Environmental
Bureau
Assistant Attorneys General
By:
PAULA BEC
R WHEELER
Assistant Attorney General
Environmental Bureau
188 W. Randolph St. 20th Fl.
Chicago, Illinois 60601
(312)’ 814-1511 /(312)
814-0608
•
Attachment
A
The deponent should be prepared to discuss the following topics
and provide any
and
all documents related to those topics:
1.
The operation of QC Finishers.
Inc.,
located at 10244
Franklin Avenue, Franklin Park,
Cook County,
Illinois
(“Facility”), including information and documents reflecting
related party’ transactions between QC Finishers,
Inc. and
•
-
its shareholders.
2.
Corporate officer and employee responsibility in relation
to
QC
Finishers,
Inc.
located
at
the
Facility.
3.
Any
and
all
business
dealings
and
documents
submitted
to
the
Illinois
Environmental
Protection
Agency
on
behalf
of
QC
Finishers,
Inc.
4.
Any
and all documents and correspondence between QC
Finishers,
Inc.
and
manufacturers
of
coatings,
solvents,
thinners,
reducers,
and
any
other
volatile organic material
containing
substances
used
at
QC
Finishers,
Inc.
for
any
purpose
from
1985
until
the
zeolite
finisher
was
installed,
including all Material Safety Data Sheets.
5.
QC Finishers,
Inc.
assets
and
the
disposition
of
QC
• Finishers.,
Inc. assets from 1985
until
the present.
6.
All information and documents reflecting the ownership- of QC
•Finishers,
Inc. and its lease payments and lease
requirements
for
the
facilities
located
at
the
above
address, and any information or documents reflecting the
ownership
of
the
property
and -facilities located at the
address
above.
‘
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
PEOPLE OF THE
STATE
OF ILLINOIS
Complainant,
vs-
)
PCB No. 01-7
(Enforcement
-
Air)
QC FINISHERS,
INC.,
an Illinois
corporation,
)
-
•
Respondent.
NOTICE OF DEPOSITION
To:
Mr.
Steve
Anderson
538 Lowell Avenue
Glen
Ellyn,
IL 60137
-
On July 30, 2003 at 1:30 pm,
I,
as attorney for
Complainant,
People of the State of Illinois, pursuant to all applicable Rules
of the Illinois Supreme Court and the Illinois Code of Civil
-procedure, will take in this action for the use and purpose of
discovery the deposition of Steve Anderson, upon oral
examination, and
we
shall also inspect certain records which are
to be produced by the deponent
and
which are described in
Attachment A hereto.
The deposition will be taken before a
notary public, who is not a relative of nOr attorney for any of
the parties, nor is a relative of any party’s attorney, nor
financially interested in this matter.
Said deposition shall
take
place
at
the
Office
of
the
Illinois
Attorney
General’s
Northern Environmental Bureau, 188 W. Randolph Street, 2O~Floor,
Chicago, IL 60601.
We reserve the right to continue -the
deposition to another ‘date and seek reimbursement of costs from
deponent Steve Anderson,
in the event said deponent does not
produce documents required by this notice.
Respectfully submitted,
PEOPLE OF THE STATE OF ILLINOIS,
LISA MADIGAN,
Attorney
General
of
the
State of Illinois
MATTHEW J. DUNN,
Chief
Environmental
Enforcement/
Asbestos Litigation Division
ROSEMARIE CAZEAU, Chief
Environmental Bureau
Assistant Attorneys General
By:
4A~
•
PAULA BECKER WHEELER-’
Assistant Attorney General
Environmental Bureau
188 W. Randolph St. 20th Fl.
Chicago, Illinois 60601
(312)
814-1511 /(312)
814-0608
Attachment A
The deponent should be prepared to discuss the following topics
and provide any and all documents related to those topics:
1.
The operation of QC Finishers.
Inc.,
located at 10244
-
Franklin Avenue, Franklin Park,
Cook County,
Illinois
(“Facility”)
.
2.
Corporate officer and employee responsibility in relation
to QC Finishers,
Inc.
located at the Facility.
3.
Any
and
all business dealings and documents submitted to the
Illinois Environmental Protection Agency on behalf of QC
Finishers,
Inc.
•
‘
‘
-
4.
Any and all documents and correspondence between QC
Finishers,
Inc. and manufacturers ‘of coatings,
solvent’s,
thinners,
reducers, and any other volatile organic material
containing substances used at QC Finishers,
Inc.
for any
purpose from 1985 until the zeolite finisher was installed,
including
all
Material
Safety Data Sheets.
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
PEOPLE OF THE STATE OF ILLINOIS
Complainant,
vs-
)
PCBNo.
01-7
(Enforcement
-
Air)
QC FINISHERS,
INC.,
an Illinois
)
-
corporation,
Respondent.
NOTICE
OF, DEPOSITION
To:
Mr.
Frank Bartholomew
374 Hiawatha Drive
Wood Dale,
IL 60191
•
On July 31, 2003 at 9:30 am,
I, as attorney for Complainant,
People of the State of Illinois, pursuant to all applicable Rules
of the Illinois Supreme Court and the Illinois Code of Civil
Procedure,
will take in this action for the use and purpose of
discovery the deposition of Frank
Bartholomew, upon oral
examination,
and
we shall also inspect certain records whiCh are
to be produced by the deponent
and
which are described in
Attachment A hereto.
The deposition will be taken b~fore a
notary public, who is not a relative of nor attorney for any of
-
the parties, nor is a relative of any party’s attorney, nor
financially interested in this matter.
Said deposition shall
take place at the Office of the Illinois Attorney General’s
Northern Environmental Bureau,
188 W. Randolph Street, 2O~Floor,
Chicago, IL 60601.
We reserve the right to continue the
deposition to another date and seek reimbursement of costs from
deponent Frank Bartholomew,
in the event said deponent does not
produce documents required by this notice.
Respectfully submitted,
PEOPLE OF THE STATE OF ILLINOIS,
LISA
MADIGAN,
Attorney General of the
State of Illinois
MATTHEW
J.
DUNN,
Chief
Environmental Enforcement!
Asbestos Litigation Division
ROSEMARIE CAZEAU,
Chief
Environmental Bureau
Assistant Attorneys General
By:
P~JLA
BECkER WHEELER
Assistant Attorney General
Environmental Bureau
188 W. Randolph St. 20th Fl.
Chicago,’ Illinois 60601
(312)
814-1511
/
(312)
814-0608
Attachment A
-
The deponent- should be prepared to discuss the following topics
and provide any and all documents related to those topics:
1.
The operation of QC Finishers.
Inc.,
located at 10244
Franklin Avenue, Franklin Park, Cook County,
Illinois
(“Facility”)
.
-
2.
Corporate officer and employee responsibility in relation
to OC Finishers,
Inc. located at the Facility.
3.
Any and all business dealings and documents submitted to the
Illinois Environmental Protection Agency on behalf of QC
Finishers,
Inc.
-
‘
-
4.
Any
and all documents and correspondence between QC
Finishers,
Inc.
and
manufacturers of coatings,
solvents,
thinners, reducers,
and any other volatile organic material
containing substances used’at QC Finishers,
Inc.
for any
purpose
from 1985 until the zeolite finisher was installed,
including all Material Safety Data Sheets.
CERTIFICATE
OF SERVICE
I,
the undersigned,
certify that
I
have served
copies of
the attachedRESPONDENTS
MOTIONTOQUASHNOTICESOF DEPOSITION by placing said document in the U.
S. Mailwithpostage prepaid before 4: 00 p.m. on July
25,
2003 uponthe following
persons:
Original
and
four (4) copies
Clerk, Illinois PollutionControl Board
100 W. Randolph Street
State of
Illinois
Center
Suite 11-500
Chicago,
Illinois
60601
One copyeach to:
Paula Becker Wheeler
Assistant AttorneyGeneral
Office ofthe
Attorney General
188 WestRandolph Street, 20thFloor
Chicago, Illinois 60601
Mr.Bradley Halloran
Hearing Officer
Illinois PollutionControlBoard
James R. Thompson Center, Suite 11-500
100 W. Randolph Street
Chicago, Illinois 60601
Dated:
July
25,
2003
Heidi E. Hanson
H. B. Hanson, Esq. P.C.
4721
Franklin
Aye, Suite 1500
Western Springs, IL 60558-1720
(708) 784-0624
This
filing
is submitted on recycled paper.

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