RECE~!~E
~D
CLER~’,C
(~YcThr
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
SEP
2
6
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2222 ELSTON LLC, an Illinois
)
S1AI b
Oi~
it
L~fj(~v’
limited liability company,
)
)
Ojijf~n
Control Board
Complainant,
)
)
V.
)
PCB No.
03-55
)
PUREX
iNDUSTRIES,
NC.,
a Delaware
)
corporation, FEDERAL DIE CASTiNG
)
CO., an
Illinois corporation, FEDERAL
)
CHICAGO CORP., an Illinois corporation,
)
RAYMOND E. CROSS, an Illinois resident,)
BEVERLY BANK TRUST NO. 8-7611,
)
and LAKESIDE BANK TRUSTS NOS.
)
10-1087 AND 10-1343,
)
)
Respondents.
)
FEDERAL DIE
CASTING CO.’S FIRST SET OF INTERROGATORIES
TO COMPLAINANT
2222 ELSTON
LLC
Pursuant to
35
ILL. ADM. CODE
§
101.616 and
§
101.620, Respondent Federal Die
Casting, Co., an Illinois corporation, by its counsel, hereby request that Complainant 2222 Elston
LLC (“Elston” or “Complainant”) answer each of the following Interrogatories separately, fully,
in writing, and under oath within twenty-eight (28) days after service.
The Instructions and Definitions that appear below form an
integral part ofthese
interrogatories and must be read in conjunction therewith.
The Instructions set forth below are to
be followed in responding to these interrogatories.
Where any defined word orphrase is used in
an interrogatory, it is to
be interpreted as defined.
CH\63 1217.2
INSTRUCTIONS AND DEFINITIONS
A.
Responses
to these Interrogatories shall be supplemented and/or amended
as required by
35
ILL. ADM.
CODE
§
101.616(h).
B.
“You,” “Your,” “Complainant,” or “Elston” shall refer to 2222 Elston
LLC, and, individually and collectively, include all parent corporations, subsidiaries, affiliates,
predecessors-in-interest, successors-in-interest, and any present or former divisions, directors,
officers, employees (present and former),
attorneys, agents, consultants, contractors, or
representatives thereof.
C.
The singular shallbe construed to include the plural, and vice versa,
to
make the request inclusive rather than exclusive.
D.
The terms “any,” “all,” and “each”
shall be interchangeable as necessary
to call for the broadest possible response.
E.
“Relating to” means constituting, comprising, containing, consisting of,
evidencing, setting forth,
proposing, showing, disclosing, describing, discussing, explaining,
summarizing, concerning, reflecting, authorizing, or referring to,
directly or indirectly.
F.
The term “identify,” when used with reference to a natural person, means
to state his or her full name, business address, and telephone number—or ifhis or her business
address and telephone number are not known, his or her home address and telephone number and
job title(s).
Once a person has been so identified in an answer or response, that person may
thereafter be identified simply by name.
G.
The term “identify,” when used with reference to a business entity or
institution, means to state the business name(s) ofthat entity and the address ofits principal
place of business.
2
H.
The term “identify,” when used with reference to documents, means either
to produce such documents for inspection, orto
give, to the extent known, the:
(a)
type ofdocument;
(b)
general subject matter;
(c)
date ofthe document; and
(d)
author(s), addressee(s), and recipients.
I.
To the extent the response by Complainant to any Interrogatory references
documents that are alleged to be subject to a privilege, please identify the date, the author, the
recipient(s), the general subject matter ofthe document,
and the nature of the privilege asserted.
J.
The term “identify,” when used with reference to an oral communication,
means to
identify the means ofsuch communication (~g~
meeting, telephone conversation),
each person who participated in such communication (whether as speaker or hearer), the date,
time, and place of such communication, and a complete statement ofthe content ofthe
communication.
K.
The term “identify,” when used with reference to any other matter, means
to give a full and complete narrative description ofthe matter, omittingnothing necessary to
make your answer fully responsive to
the Interrogatory, including but not limited to, information
relating to
the date and place the matter occurred, the identity ofall persons present, the nature
and substance ofall communications occurring duringor in connection therewith, and any
documents relating or referring thereto.
L.
The term “person” means any natural individual, firm, corporation, limited
liability company, partnership, joint venture, governmental agency, association, trust, estate, or
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any other form of entity, together with any officers, directors, partners, trustees, employees, legal
representatives, or agents thereof.
SPECIFIC
DEFINITIONS
M.
The term “Site”
shall refer to that parcel ofproperty located at 2228 N.
Elston Avenue in Chicago, Illinois, legally described as:
Lots
1
to 4, inclusive, in block 4 in Fullerton’s addition to Chicago
being a subdivision ofthat part ofthe Southeast
1/4
ofSection 30,
Township 40 North, Range
14 East, ofthe third principal meridian
lying west ofthe north bend ofthe Chicago River and that part of
the north
V2
ofthe northeast ¼
of Section 31, Township 40 North,
Range 14 East ofthe third principal meridian, in Cook County,
Illinois.
N.
The term “contaminants” shall refer to the oils, solvents, varnish-related
products and by-products, PCB-containing materials, and petroleum-related products and by-
products, and any other materials that
are alleged in the Complaint to have been released or
disposed ofat or near the Site.
0.
The term “affiliate” shall mean, when used with respect to a specified
Person, another Person that, directly or indirectly, through one or more intermediaries, controls
or is controlled by or is under common control with the Person specified.
For the purposes of
this definition, the term “control” (including, with its correlative meanings, “controlled by” and
“under common control with”) shall mean possession, directly or indirectly, ofthe power to
direcfor cause the direction ofmanagement orpolicies (whether through ownership ofsecurities
or partnership or other ownership interests, by contract or otherwise).
P.
The term “response actions” shall refer to any and all actions taken to
address, investigate, remove, remediate, orotherwise cleanup any waste materials, pollutants, or
contaminants at or near the Site.
4
Q.
The term “Act” shall refer to the Illinois Environmental Protection Act,
415
ILL. COMP.
STAT.
5/1
et. seq.
R.
The term “Sales Contract” shall refer to
the August 3,
1999 Real Estate
Sales Contract for the sale of2222 N. Elston Avenue entered into by Baker Development•
Corporation and Lakeside Bank, as Trust No.
10-343 and Trust No. 10-1087, along with any and
all Riders and Exhibits attached thereto.
S.
The term “Escrow Agreement” shall refer to the Escrow Agreement by
and among Elston, Raymond Cross as beneficiary ofLakeside Bank Land Trusts No.
10-1343
and 10-1087, and
The First Commercial Bank as Escrow Agent, dated January 24, 2000.
INTERROGATORIES
Interrogatory No.
1.
Identify all
present and former officers, directors, and
shareholders of Elston.
Interrogatory
No.
2
Identify each present and former affiliate ofBiston.
Interrogatory No.
3
Identify each person who is or was a tenant of Elston at the
Site.
Interrogatory No.
4
Identify each person who has knowledge about the
negotiation, drafting, assessment, analysis, and/or execution of the Sales Contract and Escrow
Agreement.
Interrogatory No.
5
Identify each person who possesses knowledge abotit any
investigations, response actions, or any other environmental business related to the alleged
contaminants at or near the Site.
Interrogatory No. 6
Identify all facts related to your allegation that die casting
operations at or near the Site caused or contributed to the disposal
or release ofcontaminants at
5
the Site, including but not limited
to the alleged dates ofsuch disposal or release, the specific
person or persons responsible, and how such die casting operations resulted in the disposal or
release ofcontaminants.
Interrogatory No.
7
Identify all facts related to your allegation that any persons
stored, disposed of, or abandoned any contaminants in the underground storage tanks at the Site
between
1978
and 2000, including but not limited to the person(s) knowledgeable about such
storage, disposal, or abandonment, the dates ofsuch storage, disposal, or abandonment, and the
type and quantity ofeach contaminant allegedlystored, disposed of, or abandoned.
Interrogatory No. 8
Identify all facts related to any response actions conducted
at or near the Site, including but not limited
to the dates ofsuch actions, the person(s)
participating in or otherwise causing ordirecting the actions, the type of action taken, the cost of
each action taken, and the documents produced by such action.
Interrogatory No.
9
Identify all facts showing that the alleged releases of
contaminants between 1978 and 2000 actually caused water pollution, groundwater
contamination, or otherwise created a water pollution hazard in Illinois, including but not limited
to the location ofthe water body or bodies allegedly polluted orthreatened by contaminants
released between 1978 and 2000.
Interrogatory No.
10
Identify all facts relating to the alleged disposal ofused or
waste tires at ornear the Site between 1978 and 2000,
including but not limited to
the dates of
such alleged disposal, the person(s) knowledgeable about such disposal, the location ofsuch
disposal, and the persons responsible for such disposal.
6
Interrogatory No.
11
Identify each person who prepared, or participated in
preparing, any response to these Interrogatories and
Document Requests, orwho was consulted
in preparing any such response.
Interrogatory No.
12
Identify each communication between Elston and the State
ofIllinois (including any agencies, Boards, or subdivisions thereof), City of Chicago (including
any departments, divisions, and subdivisions thereof), and the United States Environmental
Protection Agency (including any subdivisions thereof), relating to the alleged contaminants at
or near the Site.
Interrogatory
No.
13
Identify the source (by account number, if applicable) of
all funds used to pay for any response actions by any party at or near the Site, including but not
limited
to any loans by affiliates or shareholders/owners ofElston.
Respectfully submitted,
Dated: September 26, 2003
FEDERAL DIE CASTiNG, CO.
By:
___________________
One ofthe attorneys for Federal Die
Casting,
Co.
Cary R. Perlman
Shorge K.
Sato
Latham & Watkins LLP
233
S. Wacker Drive
Suite 5800
Chicago, IL 60606
(312) 876-7700
7
CERTIFICATE OF SERVICE
I, Shorge K. Sato, an attorney, certify that I have served Federal Die Casting, Co.’s First
Set ofInterrogatories to
Complainant 2222 Elston LLC upon the parties on the attached service
list, in the manner indicated, this 26th day ofSeptember, 2003:
Shorge K.
Sato
8
SERVICE LIST
BY FEDERAL
EXPRESS
Craig V. Richardson, Esq.
Christopher J. Neumann, Esq.
Greenberg Traurig, L.L.P.
1200 Seventeenth St., Twenty-Fourth Floor
Denver, CO 80202
BY MESSENGER
Francis A. Citera
Daniel T. Fahner
Greenberg Traurig, P.C.
77 W. Wacker Dr., Suite 2500
Chicago, IL 60601
Robert L. Graham
Bill S. Forcade
Steven M. Siros
Jason E.
Yearout
JENNER & BLOCK (05003)
One IBM Plaza
Chicago, IL 60606
(312) 222-9350
Diane M. Pezanoski
Deputy Corporation Counsel
George D. Theophilos
Senior Counsel
Charles A. King
Assistant Corporation Counsel
Chicago Department ofLaw
30 N. La Salle St. Suite 900
Chicago, IL 60602
(312)742-0330
BradleyP. Halloran
Hearing Officer
Illinois
Pollution Control Board
James R.
Thompson Center
100
W. Randolph
St., Ste.
11-500
Chicago, Illinois 60601
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