RE

CE ~VE

BEFORE THE ILLINOIS POLLUTION CONTROL BOARD CLERK’S OFFiCE

PEOPLE OF THE STATE OF ILLINOIS, )                                       

SEP

19 2003

Comp1a.inan~,                   

Pollution

STATE OF

Control

ILLINOIS

Board

)

No. PCB 03-51

DRAW DRAPE CLEANERS, INC.,

an Illinois corporation,

Respondent.

NOTICE OF FILING

TO: See Attached Service List

PLEASE TAKE NOTICE that on September 19, 2003, the People of

the State of Illinois filed with the Illinois Pollution Control

Board COMPLAINANT’S SECOND REQUEST FOR PRODUCTION OF DOCUMENTS,

OBJECTS, AND TANGIBLE THINGS ON RESPONDENT DRAW DRAPE CLEANERS,

INC. true and correct copies of which are attached and hereby

served upon you.

Respectfully submitted,

LISA MADIGAN

Attorney General

State of Illinois

BY:

_______________

JOEL J. STEP.NSTEIN

Assistant Attorney General

Environmental Bureau

188 W. Randolph St., 20th Floor

Chicago, Illinois 60601

(312) 814-6986

THIS FILING IS SUBMITTED ON RECYCLED PAPER

SERVICE LIST

Mr. Bradley Halloran, Esq.

Illinois

Pollution Control Board

100 W. Randolph Street,

Suite 11-500

Chicago, Illinois 60601

Ms. Maureen Wozniak, Esq.

Illinois Environmental Protection Agency

1021 North Grand Avenue East

P.O. Box 19276

Springfield,

Illinois

62702

Ms. Michele Rocawich, Esq.

Weissberg and Associates, Ltd.

401 5. LaSalle Street, Suite 403

Chicago, Illinois 60605

L1VED

CLERK’S OFFI’

BEFORE THE ILLINOIS 

POLLUTION CONTROL BOARD   

SEP

192003

PEOPLE OF THE STATE OF ILLINOIS,

STATE OF ILLINOIS

Complainant,

)

POllution

c~o~t~j

Board

)

No. PCB 03-51

(Enforcement

Air)

DRAW DRAPE CLEANERS, INC.,

an Illinois corporation,

Respondent.

COMPLAINANT’S SECOND REQUEST FOR PRODUCTION OF DOCUMENTS,

OBJECTS, 

AND

TANGIBLE THINGS

ON RESPONDENT DRAW DRAPE CLEANERS INC.

Complainant,

PEOPLE OF THE STATE OF ILLINOIS, by LISA

MADIGAN, Attorney General of the State of Illinois, pursuant to

Section 101.616 of the Board’s Procedural Regulations, Illinois

Supreme Court Rule 214, and the August 27, 2003 Hearing Officer

Order requests that Respondent DRAW DRAPE CLEANERS, INC. produce,

under oath, by October 10, 2003, the documents specified in the

following request for the production of documents, objects, and

tangible things (“production request”) 

Respondent is reminded

of its duty to update its Responses to Complainant’s First Set of

Interrogatories pursuant to Illinois Supreme Court Rules 201(k)

and 214:

1

INSTRUCTIONS

1. Respondent is required, in answering this

production request to furnish all information, available to

Respondent or their employees, agents, contractors, experts, or

consultants, or which is ascertainable by reasonable inquiry

whether or not the requested information might be available from

another entity.

2. If a production request has subparts, Respondent is

required to answer each part separately and in full.

3. If Respondent cannot answer a production request in

full, it is required to answer all parts of the production

request to the extent possible and specify the reason for its

inability to provide additional information.

4. As to each production request, or portion thereof,

identify in the answer every oral communication, document or

writing which relates to the production request or response,

whether or not such identification is specifically requested by

the production request.

5. In answering each production request, identify each

document, person, communication or meeting which relates to,

corroborates, or in any way forms the basis for the answer given.

6. Respondent shall make the requested documents

available for inspection and copying at the Office of the

Illinois Attorney General, 188 West Randblph Street, 

20th 

Floor,

Chicago, Illinois.

7. Pursuant to Illinois Supreme Court Rule 214, Respondent

is requested to serve upon Plaintiff corrected, supplemented or

augmented answers hereto, documents •or other forms of information

from whatever source, which arguably tends to show that

Respondent’s prior answers are,. might be, were or might have been

in a sense incorrect, incomplete, potentially misleading or less

than fully responsive or truthful.

8. If dates are requested, the exact date should be given

if possible. However, if the exact date cannot be determined due

to absence or inadequacy of records, the best estimate should be

given as to the production request and labeled as such.

9.  In construing this production request:

a.  the singular shall include the plural and the

plural shall include the singular; and

b.  a masculine, feminine or neuter pronoun shall not

exclude the other genders.

10. If you encounter any ambiguity in construing any

production request or any definition or instruction pertaining to

any production request, set forth the matter deemed “ambiguous”

and the construction chosen or used in responding to the

production request.

11. In producing documents, you are requested to furnish

all documents or things in our actual or constructive possession,

custody or control, or known or available to you, regardless of

whether such documents or things are possessed directly by you or

by your attorneys, agents, employees, representatives or

investigators.

12. If any requested document is not or cannot be produced

in full, produce it to the extent possible, indicating with

particularity what documents or portion of any such documents is

not or cannot be produced and the reason therefore.

13. In producing documents, you are requested to produce

the original of each document requested together with all

nonidentical copies and drafts of that document.

14. All documents should be produced in the same order as

they are kept or maintained by you.

15. All documents should be produced in a file, folder,

envelope, or other container in which the documents are kept or

maintained by you. If for any reason the container cannot be

produced, please produce copies of all labels or other

identifying markings.

16. Documents attached to each other should not be

separated.

17. Documents not otherwise responsive to this request

shall be produced if such documents refer to, relate to, or

explain the documents called for by this request and constitute

routing slips, transmittal memoranda or letters, comments,

evaluations, or similar documents.

18. Each document request should be construed and responded

to independently from each other request. The scope of any

requests should not be construed to limit or narrow the scope of

3

aiiy other request.

‘19. This discovery is deemed continuing, necessitating

supplemental answers by Re,spondent, or anyone acting on its

behalf, when or if they obtain additional information which

supplements or alters the answers now provided.

II. CLAIMS OF PRIVILEGE

1. With respect to any production request which Respondent

refuses to answer on a claim of privilege, provide a statement

signed by an attorney representing Respondent setting forth for

each such assertion of privilege:

a.  the name and job title of every person involved in

the conversation or communication;

b. the nature of the information disclosed;

c.  all facts relied upon in support of the claim of

privilege;

d.  all documents related to the claim of privilege;

e.  all events, transactions or occurrences related to

the claim of privilege;

f.  the statute, rule or decision which is claimed to

give rise to the privilege or the reason for its

unavailability.

2.  If the objection relates to only part of a production

request, the balance of the production request should be answered

in full.

3.  If you claim the attorney-client privilege or any

other privilege is applicable to any document, with respect to

that document:

a.  state the date of the document;

b. identify each and every author of the document;

c   identify each and every other person who prepared

or participated in the preparation of the

document;

d.  identify each and every person for whom the

document was received;

e.  identify each and every person from whom the

document was received;           

f.  state the present location of the document and all

copies thereof;

g.  identify each and every person having custody or

control of the document and all copies thereof;

and

h.  provide sufficient further information concerning

the document to explain the claim of privilege and

to permit adjudication of the propriety of that

claim.

III. DEFINITIONS

1. “Respondent” shall mean DRAW DRAPE, INC. and

any of Respondent’s employees, agents, representatives,

successors or assigns, or any other person acting or believed by

Respondent to have acted on their behalf.

2. “Document” shall be construed in its customary broad

sense and shall include, but is not limited to, the original and

any non-identical copy, whether different from the original

because of notes made on said copy or otherwise, or any agreement

bank record or •statement; book of account, including any ledges,

sub-ledger, journal, or sub-journal; brochure; calendar; chart;

check; circular; communication (intra- or inter-company or

governmental entity or agency or agencies); contract; copy;

correspondence; diary; draft of any document; graph; index;

instruction; instruction manual or sheet; invoice job

requisition; letter; license; manifest; manual; memorandum;

mInutes; newspaper or other clipping; note; note book; opinion;

pamphlet, paper; periodical or other publication; photograph;

print; receipt; record; recording report; statement; study;

summary including any memorandum, minutes, note record, or

summary of any (a) telephone, videophone or intercom conversation

or message, (b) personal conversation or interview, or (c)

meeting or conference; telegram; telephone log; travel or expense

record; voucher; worksheet or working paper; writing; any other

handwritten, printed, reproduced, recorded, typewritten, or

otherwise produced graphic material from which the information

inquired of may be obtained, or any other documentary material of

any nature, in the possession, custody or control of Respondent.

3. “Communication” shall mean, without limitation, any and

all forms of transferring information, including discussions,

conversations, meetings, conferences, interviews, negotiations,

agreements, understandings, inquiries, correspondence, documents,

or other transfers of information whether written or oral or by

any other means, and includes any document which abstracts,

digests, transcribes or records any communication.

4. ??Facil±tyTI shall mean the property located 2235-2239

West Roscoe Street, Chicago, Cook County, Illinois, 60618 as

referenced in paragraph 4 Count I of the complaint.

5.  “Identification” or “identify” shall mean:

a.  As to an individual, stating his or her:

1.  full and customarily used names;

ii. present business and residence addresses;

iii. business or profession during the relevant

time period;

iv. every office, title, or position held during

the relevant time period; and

v. every employer during the relevant time

period.

b. As to any person other than an individual,

stating:

1.  its legal name and any other name used by it;

ii. the form or manner of its organization (e.g.

partnership, corporation, etc.); and

iii. the state of its incorporation (if it is

incorporated) and the address of its

principal place of business.

c.  As to a document, stating:

i.  the date of its creation, execution, and

receipt;

ii. its author or signatory;

iii. its addresses and any other recipient;

iv. its type or nature (e.g., letter, memorandum,

etc.);

v.  the identify of the custodian;

vi. the identity of the document; and

vii. the present location of the document.

d.  As to any event, incident, conversation,

transaction or occurrence, stating:

i.  the date;

ii. the place where it took place and the manner

of its occurrence;

iii. identification of all the participants;

iv. its purpose and subject matter; and

v. a description of what transpired.

6. “Person” shall include, but is not limited to, any

natural person; business or corporation, whether for profit or

not; firm, partnership, or other non-corporate business

organization; charitable, religious, education, governmental, or

other non-profit institution, foundation, body, or other

organization; or employee, agent, or representative of any of the

foregoing.

7. “Or” shall mean and/or wherever appropriate.

8. “Related to” or “relating to” or “in relation to” shall

mean anything which, directly or indirectly, concerns, consists

of, pertains to, reflects, evidences, describes, sets forth,

constitutes, contains, shows, underlies, supports, refers to in

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

legally logically or factually connected with, proves,

disproves, or tends to prove or disprove.

9. “Relied upon” shall mean being or having been depended

upon or referred to or being or having been arguably appropriate

for such reliance.

10. The term “knowledge” means’first hand information

and/or information derived from any other source, including

hearsay.

11. “Illinois EPA” means the Illinois Environmental

Protection Agency.

12. “FESOP” shall mean Federally Enforceable State

Operating Permit.

.13.  “VOM” shall mean volatile organic material or volatile

organic compound.

14. “Board” shall mean the Illinois Pollution Control

Board.

15. “Dryer *1” shall mean the Dryer installed at the

facility prior to 1981 that is still in operation at the

facility.

16. “Dryer 

#211 

shall mean the Dryer installed at the

facility in 1996.

17. “Current” or “Present” means the filing date of these

Requests for Admissions of Facts.

18. All terms not specifically defined herein shall have

their logical ordinary meaning, unless such terms are defined in

the Act or the regulations promulgated thereunder, in which case

the appropriate or regulatory definitions shall apply.

Production Request No. 1

Produce all documents, contracts, that list duties, titles, and

responsibilities for all employees, operators, and/or consultants

for Draw Drape Cleaners Inc. at all times relevant to the

Complaint filed in this matter.

ANSWER:

Production Request No. 2

Provide all documents identifying any and all corporate officers

for Draw Drape Cleaners, Inc., their titles and responsibilities

including, but not limited to, Articles of Incorporation, Bylaws,

Annual Reports and Minutes at all times relevant to the Complaint

8

filed in this matter.

ANSWER:

Production Request No. 3

Provide all documents identifying any and all corporate officers

for American Drapery Cleaners and Flameproof ers, Inc., their

titles and responsibilities including, but not limited to,

Articles of Incorporation, Bylaws, Annual Reports and Minutes at

all times relevant to the Complaint filed in this matter.

ANSWER:

Production Request No. 4

Provide all documents for all sources of the following persons’

incomes from 1996 through today including, but not limited to,

federal and state tax returns; IRA statements; 401(k) statements;

SEP (Simplified Employee Pension) statements; social security

checks, receipts, or statements; pension checks, receipts, or

statements; annuity statements; mutual fund statements; account

records from any financial institution; W-2s; W-4s; copies of

checks; check stubs; stock certificates; titles; deeds; and

rental or leasing agreements or contracts. (If Respondent must

order any of these records, i.e. tax returns from the IRS or the

Illinois Department of Revenue, state the documents that

Respondent ordered, the date Respondent ordered the document, and

when Respondent expects to receive the document.)

a)  Richard Zell

Steven Press

c)  Audrey Press

Draw Drape Cleaners,

Inc.

American Drapery Cleaners & Flameproof ers, Inc.

ANSWER:

Production Request No. 5

Provide all documents related to the following persons’ accounts

held individually, or jointly with one or more member of those

persons’ immediate families, at any financial institution,

including but not limited to banks, savings and loans, trust

companies, credit unions, mutual fund companies, and brokerage

companies where those persons held, or currently hold, assets

beginning 1996 through the present, including, but not limited

to, deposit and withdrawal slips, electronic transfer notices,

checks, direct deposit notices, and monthly and annual account

statements.

a)  Richard Zell

b)  Steven Press

c)  Audrey Press

d)  Draw Drape Cleaners, Inc.

e)  American Drapery Cleaners & Flameproofers, Inc.

ANSWER:

Production Request No. 6

It is hereby requested that Respondent and/or its attorneys, in

compliance with this production request, furnish an affidavit

stating whether the responses to this production request are

complete in accordance with this production request and as

provided for in Supreme Court Rule 214.

10

Respectfully submitted,

PEOPLE OF THE STATE OF ILLINOIS,

ex

rel. 

LISA MADIGAN,

Attorney General of the

State of Illinois

MATTHEW J. DUNN, Chief

Environmental Enforcement/

Asbestos Litigation Division

ROSEMARIE CAZEAU, Chief

Environmental Bureau

Assistant Attorney General

By:

_____

JOEL J. STE STEIN

Assistant Attorneys General

Environmental Bureau

188 W. Randolph St. 20th Fl.

Chicago, Illinois 60601

(312) 814-6986

H:\comnion\Environmental\JOEL\Case Documents\Draw Drape\Discovei-y\produce-docs2.wpd

11

CERTIFICATE OF SERVICE

I, JOEL J. STERNSTEIN, an Assistant Attorney General,

certify that on the 19th day of September, 2003, I caused to be

served by First Class Mail the foregoing COMPLAINANT’S SECOND

REQUEST FOR PRODUCTION OF DOCUMENTS, OBJECTS, AND TANGIBLE THINGS

ON RESPONDENT DRAW DRAPE CLEANERS, INC. to the parties named on

the attached service list, by depositing same in postage prepaid

envelopes with the United States Postal Service located at 100

West Randolph Street, Chicago, Illinois 60601.

JOEL J. STERNSTEIN