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cL.m~K’som~
~
CONTROL BOARDQCT
14, ~
PEOPLE OF THE
~
Complainant,
)
V.
)
NATIONAL MATERIAL L. P., an
Illinois limited partnership,
dlb/a NATIONAL LAMINATION
COMPANY, and. NM HOLDING, INC.,
a Nevada corporation,
NOTICE
OF FILING
TO:
Cyrus Tang, President
NM Holding, Inc.
3773 Howard Hughes Parkway, Suite 350N
Las Vegas, NV 89109
Bradley P. Halloran, Hearing Officer
Illinois
Pollution Control Board
James R. Thompson Center
100 W. Randolph Street, Suite 11-500
Chicago, IL 60601
MarkJ.
Steger
Michele Sibley Gonzales
Holland
& Knight LLC
131
5. Dearborn Street,
30th Floor
Chicago,
IL 60603
(312) 236-3600
Paula Becker Wheeler
Assistant Attorney General
Office ofthe Attorney General
Environmental Bureau
188 W. Randolph Street, Suite 2001
Chicago, IL 60601
Dorothy M.
Gunn
Illinois Pollution Control Board
James R. Thompson Center
100 W.
Randolph Street,
Suite 11-500
Chicago, IL 60601
HOLLAND
& KNIGHT LLC
BYk~Jk&T)
~LQb’
One of Its Att
STATE
OF ILLINOIS
Pollution
Control Board
)
)
)
)
)
)
PCB 0 1-02
(Enforcement)
Respondents.
PLEASE TAKE NOTICE that
on October 14, 2003, the undersigned filed the
attached Respondent’s First
Set of Interrogatories and First Requests
to Produce on
Complainant with the Clerk of the Pollution Control Board.
A copy of this document
is
attached and served upon you herewith.
**S~MITTEDON RECYCLED
PAPER**
CERTIFICATE OF SERVICE
The undersigned,
an attorney,
states that
he caused a copy ofthe Notice of
Filing and Respondent’s
First
Set ofInterrogatories
and First Requests to Produce
on Complainant to be served on all parties ofrecord via facsimile and U.S. mail in
properly addressed envelopes with postage prepaid on October 14,
2003.
~che1eSibley Gon
1
s
~ 716344_vi
(~\o\~(~\
‘~UI
t~\\)U~
CLERK’S
OFFICE
B1~Ø
I~1~F~ll~
0
OLLUTION CONTI~
~94~
PEOPLE
OF THE
STATE OF ILLINOIS,
)
STATE OF ILLINOIS
Pollution
Control
Board
Complainant,
)
)
v.
)
No.
PCB
01-02
)
NATIONAL MATERIALS L.P., an
)
(Enforcement)
Illinois limited partnership,
)
dlb/a NATIONAL LAMINATION
)
COMPANY, and NM HOLDING, INC.,
)
a Nevada corporation,
)
)
Respondents.
)
RESPONDENTS’ FIRST SET OF INTERROGATORIES ON
COMPLAINANT
Respondents,
NATIONAL MATERIALS L.P.
dlbla
NATIONAL
LAMINATION
COMPANY (“NLC”), and NM HOLDING, (collectively referred to as
“Respondents”), by their attorneys, Holland & Knight LLC, pursuant to Illinois
Supreme
Court Rule 213 propounds the following Interrogatories
to Complainant,
People ofthe State ofIllinois by Lisa Madigan, Attorney General ofthe State
of
Illinois (“Complainant”) to be answered in writing and under oath within
twenty-eight days.
DEFINITIONS
AND
INSTRUCTIONS
A.
The “Respondents” means or refers to National Materials
L.P.,
dlb/a
National Lamination Company, and NM Holding, Inc., their representatives, agents,
officers, directors, employees, assigns, attorneys, and all other persons acting or
purporting to act on its behalf, unless the context otherwise requires.
B.
“NLC” means or refers to National
Materials L.P.,
d/b/a National
Lamination Company, its representatives, agents, officers, directors, employees,
assigns,
attorneys,
and all other persons acting or purporting to act on its behalf,
unless the
context otherwise requires.
C.
“NM Holding” means or refers to NM Holding, Inc., its representatives,
agents, officers, directors, employees, assigns, attorneys, and all other persons acting
or purporting to act on its behalf, unless the context otherwise requires.
D.
“Complainant” or “you” or “your” means or refers to People ofthe State of
Illinois by Lisa Madigan, Attorney General ofthe sTate ofIllinois, its employees,
agents, or contractors, and attorneys and all other persons acting or purporting to
act on its behalf, unless the context otherwise requires.
E.
“IEPA” means or refers to the Illinois
Environmental
Protection
Agency, its representatives,
agents,
officers, employees,
directors, assigns, attorneys
and all other persons acting or purporting to act on its behalf, unless the context
otherwise requires.
F.
“Person” means and includes a natural person, partnership, joint
venture, corporation,
association,
estate, trust
or any other entity recognized
in law,
and shall include the owners,
beneficiaries,
officers, directors, employees,
agents,
trustees, parents,
subsidiaries,
affiliates, assigns, predecessors and
successors of
such “person.”
G.
“Document” means and includes “document” as defined in Supreme
Court Rule 214, and any copy or summary of any document that
is not identical to
the original and, without limiting the generality ofits meaning,
all retrievable
information
in computer storage in printed form, telegrams,
reports, invoices, bills,
contracts, market studies
and reports, books, records, minutes,
letters, papers,
charts, transcripts,
statements,
interviews, files, graphs, indices, data-sheets,
data
processing cards or readable
computer produced interpretations
thereof, data
processing tapes or readable computer produced interpretations
thereof,
memoranda,
survey, studies, speeches,
policy statements,
photostats,
microfilms,
tape recordings, periodicals
and working papers in your possession or control or in
the possession or control ofyour agents, employees or attorneys wherever located.
H.
Communication” means and
includes any method for transmitting
words, information or thought whether orally or in writing regardless
ofhow
delivered.
I.
“Facility” refers
to the property
located at 555 Santa
Rosa Drive, Des
Plaines, Cook County, Illinois
and includes the improvements thereon.
2
J.
“FESOP” means and refers to Federally Enforceable State
Operating
Permit.
K.
“VOM” means and refers to volatile
organic material
or volatile organic
compound as defined by Illinois Environmental statutes.
L.
“Board” means and refers to the Illinois Pollution
Cotnrol Board, its
representatives,
agents, officers, employees, directors, assigns, attorneys and all
other persons acting or purporting
to act on its behalf, unless the context otherwise
requires.
M.
The singular form of any noun or pronoun includes, when appropriate,
the plural thereof;
the use ofthe masculine gender includes, where appropriate, the
feminine gender; and the use of any neutral gender noun
or pronoun includes, when
appropriate, the masculine and
feminine genders.
N.
In answering these Interrogatories, furnish all information that
is
available to you
by whatever means, and not merely such information known to
your own personal knowledge.
0.
Ifyou cannot answer any Interrogatory
in full, after exercising
due
diligence to secure the information
to do so, so state and answer to the extent
possible, specifying your inability
to answer, and stating what information or
knowledge you may have concerning the unanswered
portions.
P.
Ifyou are asked
to identify a person, state with respect to each:
1.
The person’s full name;
2.
All other names
by which the person may be known;
3.
The person’s last known:
a.
Business address;
b.
Business telephone number;
c.
Residence Address;
d.
Residence
telephone number; and
e.
Occupation and professional or business
titles.
4.
All present
or past relationships
such person has/had with any
and all Defendants
and/or persons identified as witnesses or as
persons who have knowledge ofmatters
involved in this
case.
Q.
Ifyou are asked
to identify a document, state with respect to each such
document:
1.
The identity of the person or persons who signed it or in whose
name it was issued;
2.
The identity of the person or persons to whom it was addressed;
3
3.
The nature and substance ofthe document with sufficient
particularity to enable it to be identified;
4.
The identify of the person who has custody or control ofthe
document;
5.
The date ofthe document and the date the document was
executed, if different from the date it bears;
6.
the relationship the document bears to any and all
of the
Defendants and
persons identified as witnesses or having
knowledge ofthe matters involved
in this case;
7.
Ifthe document or a copy is not in your control or possession,
state the identify
and most recent known address ofthe person
who has custody or control of the document;
8.
Whether you will make the document available for inspection
and copying;
9.
Any
other identifying information sufficient to enable the
document to be made the subject of a request or motion to
produce for inspection.
10.
Ifthe document exists in an electronic format, state its location,
including identifying information of the computer or system,
such as the computer serial number, where the electronic
information is located sufficient to enable the electronic
information
and computer or system
to be made the subject of a
request or motion to produce for inspection.
R.
Identify any statements,
information and/or documents known to you
and requested by any ofthese interrogatories which you claim to be work product or
subject to any common law or statutory
privilege, and with respect to each
interrogatory,
specify the legal basis
for the claim as required by Illinois Supreme
Court Rule 201(n).
S.
In accordance with Illinois Supreme
Court Rule 2 13(i), you are directed
to timely supplement or amend the answers to these interrogatories.
INTERROGATORIES
1.
Identify the person(s) who answered these interrogatories,
and who
responded to Respondents’ production requests, who furnished information
and
from whom information and/or documents were sought and, for each such person,
identify each answer for which that person provided information.
4
2.
Pursuant
to Illinois Supreme
Court Rule 213(f) (1)
—
(3), provide the
name and address ofeach witness who will testify at hearing or trial and all other
information required for each witness.
3.
Identify all other persons (other than yourself and persons identified
in
answers to Interrogatories
2 and 3) who have knowledge offacts relating to the
subject matter
ofthe Complainant’s Complaint and
Complainant’s First Amended
Complaint.
4.
Identify any person interviewed or otherwise communicated
with by
Complainant relating to the allegations in the Complaint and/or First Amended
Complaint, not previously disclosed in answer to Interrogatory
Numbers 1-3, and
state whether a transcript,
memorandum, or other notes of such interview
exists
and
if yes, identify the person(s) who have possession of such documents,
and
provide a summary ofthe facts and opinions relevant to this proceeding which were
discussed.
5.
Define with specificity the phrase
“NLC’s metal fabricating operations”
as that phrase is used in Complainant’s
First Amended Complaint, including
specifying the machines,
equipment, number, and location within the Facility of
“NLC’s metal fabricating operations”.
6.
State
all
“emission
sources” you claim are located at the Facility that
are at issue in this
proceeding, including specifying the name and type of
5
equipment, machine, numbers
ofthe same, and location within the Facility ofthe
same.
7.
State
all
“Existing emission sources” you claim are located at the
Facility that are at issue in this proceeding, including specifying the name and type
of equipment, machine, numbers ofthe
same, and location within the Facility ofthe
same.
8.
State
all
“New emission sources” you claim are located at the Facility
that are at issue
in this proceeding,
including specifying the name and type of
equipment,
machine, numbers
ofthe same, and location within the Facility of the
same.
9.
State all
“Specified Air Contaminants”
you claim are located at, exist,
are emitting at, the Facility that are at issue in this proceeding, including
specifying the name, type, amount,
and the manner, date and person(s) involved
with measuring the same.
10.
State with specificity the machines,
equipment or other items located
at the Facility that you claim:
(a) has/have caused or contributed to air pollution;
(b) is/are
capable of causing
or contributing
to air pollution
and
identify
the person(s) with knowledge
of or who possesses
documents
relating
to
the same.
6
11.
List with specificity the machines, equipment or other items located at
the Facility that
you claim were constructed, installed or operated at the Facility
without required IEPA or other agency permits
and the date(s) of such construction,
installation or operations.
12.
State the date and manner in which you first became aware of the
violations
alleged in Complainant’s
First Amended Complaint.
13.
State
the VOM you claim is emitted
from the Facility
and that
is at
issue in this proceeding,
specifying the name, type, amount,
and the manner, date
and person(s) involved
with measuring, recording or estimating
the same.
14.
State the date Respondents
submitted its FESOP application
and its
CAAPP permit application; and the date the FESOP was issued and the date the
IEPA issued the CAAPP permit.
15.
State
the date(s)
on
which you claim the
Facility
emitted
volatile
organic material in an amount equal to or greater
than
100 tons per year and
identify the name, type, and amount
of such alleged emissions,
and state the
manner, date and person(s) involved
with measuring or otherwise recording ir
estimating the same and/or who has documents relating to the same.
16.
State with specificity all alleged actions of Respondents that
you claim
constitute a physical change or change in the method ofoperation
that resulted in a
significant net emissions increase
ofVOM that
is at issue
in this
proceeding, state
7
the amount of “significant net emissions increase ofVOM”, the manner and date(s)
oftesting, recording or estimating
the same, and identify the person(s) with
knowledge and/or documents relating to the same.
17.
Identify all person(s) with knowledge of or information
or documents
relating to the allegations set forth at paragraph 33
of Count V ofthe First
Amended Complaint.
18.
Set forth the manner in which any penalties for the violations in the
First Amended Complaint are computed, including the total
amount ofthe penalty
you claim should be imposed upon
(a) NLC, (b) NM Holding, and (c) Respondents
and identify the person(s) with knowledge, information and/or documents relating
to the same.
NATIONAL MATERIAL L.P.,
cl/b/a NATIONAL LAMINATION COMPANY
and NM HOLDING, INC.
By:~\J~QQJj~~
UiQ~Qii’~
One of their Attorn
s
Mark Steger
Michele
E. Sibley Gonzales
Holland & Knight LLC
131
S. Dearborn
Street,
30th Floor
Chicago, IL 60603
Atty.
No. 37472
# 723137_v2
8
R?
?
?
~V?
CLERK’S OFFICE
CONTROL
UJWU~D~
2003
STATE OF ILLINOIS
PEOPLE
OF
Pollution
Control Board
Complainant,
)
)
v.
)
No. PCB
01-02
)
NATIONAL MATERIALS L.P., an
)
(Enforcement)
Illinois limited partnership,
)
cl/b/a NATIONAL LAMINATION
)
COMPANY, and NM HOLDING, INC.,
)
a Nevada corporation,
)
)
Respondents.
)
RESPONDENTS’
FIRST
REQUESTS
TO PRODUCE
ON COMPLAINANT
Respondents,
NATIONAL MATERIALS L.P.
cl/b/a
NATIONAL
LAMINATION COMPANY (“NLC”), and NM HOLDING, (collectively referred to as
“Respondents”), by their attorneys, Holland & Knight LLC, pursuant
to Illinois
Supreme
Court Rule 214, submit the following requests for production of documents
to the Complainant,
People of the State of Illinois by Lisa Madigan, Attorney
General of the State of Illinois,
to be answered by written
response and by
producing the requested documents for inspection and/or copying at the offices of
Holland & Knight,
LLC,
131 South Dearborn,
30th Floor,
Chicago, Illinois
60603
together with an affidavit stating that production is complete, within twenty-eight
days.
)
DEFINITIONS AND INSTRUCTIONS
A.
The “Respondents” means or
refers
to National
Materials
L.P.,
cl/b/a
National
Lamination Company, and NM Holding, Inc., their representatives, agents,
officers, directors, employees, assigns, attorneys, and all other persons acting or
purporting to act on its behalf, unless the context otherwise requires.
B.
“NLC” means or refers to National
Materials L.P., cl/b/a National
Lamination Company, its representatives,
agents, officers, directors, employees,
assigns, attorneys, and all other persons acting or purporting to act on its behalf,
unless the context otherwise requires.
C.
“NM Holding” means or refers
to NM Holding, Inc., its representatives,
agents, officers, directors, employees, assigns, attorneys, and all other persons acting
or purporting to act on its behalf, unless the context otherwise requires.
D.
“Complainant” or “you” or “your” means or refers to People of the State of
Illinois by Lisa Madigan, Attorney General ofthe sTate ofIllinois, its employees,
agents,
or contractors,
and attorneys and all other persons acting or purporting to
act on its behalf, unless the context otherwise requires.
E.
“IEPA” means or refers
to the Illinois Environmental
Protection
Agency, its representatives,
agents,
officers, employees, directors, assigns, attorneys
and all other persons acting or purporting
to act on its behalf, unless the context
otherwise requires.
F.
“Person” means and includes a natural person, partnership, joint
venture, corporation,
association,
estate, trust
or any other entity recognized
in law,
and shall include the owners,
beneficiaries,
officers, directors, employees, agents,
trustees, parents,
subsidiaries, affiliates, assigns, predecessors
and successors of
such “person.”
G.
“Document” means and includes “document” as defined in Supreme
Court Rule 214, and any copy or summary of any document that
is not identical
to
the original and, without limiting the generality of its meaning,
all retrievable
information
in computer storage in printed
form, telegrams, reports, invoices, bills,
contracts, market studies
and reports, books, records, minutes,
letters, papers,
charts, transcripts,
statements,
interviews, files, graphs, indices, data-sheets,
data
processing cards or readable computer produced interpretations
thereof, data
processing tapes or readable computer produced interpretations
thereof,
memoranda,
survey, studies, speeches,
policy statements,
photostats,
microfilms,
tape recordings, periodicals and working papers in your possession or control or in
2
the possession or control of your agents, employees or attorneys wherever located.
H.
Communication” means and includes any method for transmitting
words, information or thought whether orally or in writing regardless of how
delivered.
I.
“Facility” refers to the property located at 555 Santa
Rosa Drive, Des
Plaines, Cook County, Illinois
and includes the improvements thereon.
J.
“FESOP” means and refers to Federally Enforceable State Operating
Permit.
K.
“VOM” means and refers to volatile organic material or volatile
organic
compound as defined by Illinois Environmental statutes.
L.
“Board” means and refers to the Illinois Pollution Cotnrol Board, its
representatives,
agents, officers, employees,
directors, assigns, attorneys and all
other persons acting or purporting to act on its behalf, unless the context otherwise
requires.
M.
The singular form of any noun or pronoun includes, when appropriate,
the plural thereof;
the use ofthe masculine gender includes, where
appropriate, the
feminine gender; and the use ofany neutral gender noun or pronoun includes, when
appropriate, the masculine
and feminine genders.
N.
In responding to these Requests to Produce, furnish
all information
that is available to you by whatever means, and not merely such information known
to your own personal knowledge.
0.
Ifyou cannot answer any Request to Produce in full, after exercising
due diligence to secure the information to do so, so state and answer to the extent
possible, specifying your inability
to answer, and stating what information or
knowledge you may have concerning
the unanswered portions.
P.
Identify any statements,
information
and/or documents known to you
and requested by any ofthese requests to produce which you
claim to be work
product or subject to any common law or statutory privilege, and with respect to
each request to produce, specify the legal basis for the claim as required by Illinois
Supreme
Court Rule 201(n).
S.
In accordance with Illinois Supreme
Court Rules, you are directed to
timely supplement or amend the answers to these requests to produce.
3
DOCUMENT REQUESTS
1.
Produce all documents that relate to the answers filed by you in response
to Respondents First
Set of Interrogatories To Complainant.
2.
Produce
all documents that
you intend to offer for introduction into
evidence at the hearing and/or trial ofthis case.
3.
Produce all documents that you intend to use at any depositions in this
case.
4.
Produce
all documents that
you intend
to use in any fashion at the
hearing and/or trial ofthis case.
5.
Produce all documents that relate to the allegations in Complainant’s
Complaint.
6.
Produce all documents that
relate to the allegations in Complainant’s
First Amended Complaint, not previously produced in response to Request to Produce
No.
5.
7.
Produce all photographs, models, slides, films, motion
pictures,
videotapes or other depictions ofthe Facility or any portion thereof.
8.
Produce all documents relating to any work done by any persons,
including but not limited to, environmental consultants, who were consulted or
retained at any time during one year prior to the filing of this action and the present,
for the purpose ofproviding information, advice or opinions relating to the allegations
set forth in the Complaint or First Amended Complaint.
9.
Produce all documents relating to any work done by any persons at any
4
time during one year prior to the filing of this action and the present, with
respect to
computing a penalty for the violations alleged in the Complaint and or the First
Amended Complaint.
10.
Produce any and all documents relating to any environmental inspection
and/or enviornmental
audit of the Facility.
11.
Produce all environmental pemit applications submitted by NLC, NM
Holding or Respondents from January 1997
to the present and all documents relating
thereto, including any and all agency file materials concerning the same.
12.
Produce any and all communications between your office, IEPA, USEPA
and NLC, NM Holding or Respondents concerning the Facility dated January
1997 to
the present.
13.
Produce all documents relating to the environmental conditions at the
facility from 1997
to the present.
NATIONAL MATERIAL L.P.,
cl/b/a NATIONAL LAMINATION
COMPANY
and
NM HOLDING, INC.
~
One oftheir Att
ne
s
Mark Steger
Michele E.
Sibley Gonzales
Holland & Knight LLC
131
5. Dearborn Street,
30th
Floor
Chicago, IL 60603
(312) 236-3600
Atty. No. 37472
# 1285997_vi
5
