NUL)—Ub~U~ O~J 41

Hu-HIHN; IiU~LLL~

LhL±LJUN

NUV

CU~RJ~’S6 OFFICF

2003

~.

L~/ 1.3

STATE OF

I

P)~TITIONER’SIT~RROGATORIES

Poii~0~

co LLINOIS

fltro/Bo~7d

NOW COME

the COUNTY

OF KANKAKEE

and

EDWARD

D.

S~flTH~,

STATE~S

ATTORNEY OF KANKAKEE

COUNTY, Petitioners in the

above matter, pursuant to

the Rules

of the Lflinois

Pollution Control

Board, and su&mit the following

Interrogatoxies to the

Respondent, the TOWN AND COUNTRY

UTUJTIES, INC.

pEP2N~TIONs

A.

‘Town and CountiyUtilities, Jni~”

refex~to

Town and Country Lftili~es,inc~..and-

-

Kankakee Regional Lan.dñll,

L.LC. and

their

r.espectiv,e agents,.

.

.att~

directors, officers,

~ployees,

eorjsultants,

experts,

withesses, representatives arid

all

p~sons

or entities

who have acted or purported

to

act

on their

respective

behalves.

. .

B.

“City of Karikake&’

refers to

the City

of

Kanka~eeand

the City of Kankakee,..

illinois City Council and its members and their

respective agents, employees,

stag

consultants, experts, ~ttomeys,

elected or appointed

of~icig1s,

and afl

persons

or entities

who

have

acted

or

purported

to

act

o~

theirrespective bebives.

C.

“County”

refers

to

?etjtjoner, :Kankakee County, its

agents; employees and all

persons

or

~tities

who

have acted or

puljorted to act on ~tsbehalf,

including, but

n~t

1~mited

to, State’s Attorney of

Kankakee County Edward

)D.

Smitk

.. .

D.

“Cozmxiunicatiozf’

means,

without limiting

the

generality ofits

meai~ing,any

form

of communication

between two

or more

persons, inclucUng

hut

not ‘imited to,,

correspondence, e-mails,

conversations, phone

calls, reports, documents, and

memoranda

.

-

7~~1114v1~226u2

---

~: 41

HUI-f-NHN

IVILIbLLbJ.

LhthLL’IJN

E.

“Landfill Siting Application” means Respotdent’s Application

seeking

approval

for a

proposed facility

to. be

located within the corporate boundaries

of

the City

of

. .

Kankakee, Kankakee County, Illinois,

which is

the subject

of

this matter.

F.

“Document”

means, without limiting

the

generality

of

its meaning, writings,

papers, or

tangible things

of

any kind and nature whatsoever in the possession

or

subject

to the control of

the Responderit~

its

agents, experts, witnesses,

employees

or

attorneys,

including

letters, handwritten

notes.

calendar pads, appointment

.

books,

notepads,

notebooks, coire~ondence of any

kind, pg~tcard.s,

memorandum, telegrams,

telexes,

e-niails, internal

communications of any kind,

annual

or other

reports, thianciai statements,

billing

statements, payment

authorizations,

canceled checks, books,

records, ledgers, journals, minutes

ofall

meetings, contracts, agreements, appraisals, anaIysi~,charts,

graphs,

bulietir,

speeches,

reports, data sheets, data tapes, or readable

computer interpretations

.th.ereof, computer

programs,

software or any medium

containing cámputer,

programs,

circulars, pamphlets,

notices,

statements, stenographic

notes,

surveys,

microfilm,

microfiche, tape

and disk recordings, photo~tafs, plw±ographs,

drawings, transparencies,

overlays, periodicals, sketches,

illustrations, blueprints,

plans, and personal

interviews, wherever

located, iricludin~~fiñ~l

~

~,I.

earlier versions and

non-identical copies ofany of

the

above, and au thm

ions”

ofthe foregoing,

including

binders, notebooks,

folders and

files.

G.

“Facility”

shall refer to the proposed

landfll

which is the

subject

of the

application

filed

by Town and

Countrywith the

City of

Kankakee.

7Ouj~74V1

---

NOLJ—2IS—2~3 ~9

41

HuFF-MAN; MULLLEH; CHEEDUN

p. ~i4’13

I.

“Refer or relate” means

anything which directly

or

in.directly ,conc,erns,, consists.

....

of pertains

to, reflects,

evidences, describes, sets forth, constitutes, contains,..~.:

shows,

underlies,

supports, or refers to in

any

way, or was used in the

preparation

o~

appended to, legally, logically,

or

factually connectedwith.,

pipves,

disproves;

or

tend

to prove or

disprove.

I.

The

singular and plural

form

shall

be construed interchangeably so as to

bring

within the

scope of these

requests any dncuments which might. otherwise

be

-

construed

outside their scope.

.

J.

The words “and”

and

“or”

shall

be

construed conjectively and disjunctively as

necessary

to

bring within this

document request all

information that might

otherwise

be

cona~uedas outside their scope.

XNSTRUCTIONS

1.

Continuing Response,s

This document request

shall be

deemed

to be

continuing

in nature

and

if, after

serving your responses, additional iuformatipu becomes

known

or available to you,

that

is responsive to this document request, then

you

are required

to

reasonably supplement

or

amend your

responses.

2.

Wo7*

Product

or

Privileges,

With respect to each document,

oral statement,

or

communication

which you

claim

is

privileged

or

subject

to

the

woik product

docirine,

identify

the document, statement or

communications

to the fuilest

extent,

including the

date, maker, and recipient,

the general subject mafter, and

the

basis

ofthe claim of

pri’vilege

or work product.

7O3~1114v1Z2~O~

---

NOU—0S—2~O3 09:42

HOFFMAN; MUELLER; CREEDON

p 05-’

13

In

accordsrice

with the

foregoing defnitions and instructions,

please

answer

following:

•

I~’~TE1~ROGATORiES

INT~EROGATORY

NO.1: Identity

all

persons

who

provided information regarding

or assisted in

answ~ng

these interrogatories.

ANSWER

)NTEBROGATORY

NO.2: Please

identify all persons

of Town

&

Country tJ~ilitiès,

Inc.

who met, talked, or communicated

with

the City of

Kankakee

~rior~o the

filing

of the

Landfill Siting

Application

on

March

7, 2003 relathig to the

planning,

development

and sItii~g

of

the Facility, and

for each

such indIvidual,

please:

..

(a)

identify the

individual

by name

and title and identify what type

of

communication took place (written.,

oral,

telephone, e-mail, ~

(b).

the subject xn.atter of

each

such

communication;

(c)

describe

and delineate the

exact

statenaen~

made du!±ag

the course ofeach

such communication;

(d)

identify dat; iime and

duration ofeach such

communication;

.

-

(e)

identify

the locatIon ofeach such communication;

and

..

(1)

identify all persons

present at such

communication..

•

L

7~8j174’i1~

---

NOI.~—06—2~309:42

HOFFMRN MUELLER; CREEDON

p.

06713

ANSWER:

INTERROGATORY NO.3:

Identify all persons

of

Town and Cnuntry

Utilities,

Inc.

~

~et, taiked, or otherwise comznunicated

with

the City of ICankake~’af~i1the

filing ~

•

Landfill Siting Application

on

March

7, 2003, relating to the

County ôf’Kazikakee

or

any

•

pending

br

contemplated

lawsuit or action with àr

against

the County

ofKankakee, and for

each

•

such

individual,

please:

•....

-

~

-•

•

(g)

identify

the

individual

by

name and title and identify

wb~t

type

of

communication

took place (written, oral, telephone,

e-mail,

etc.);

(h)

the

subject matter

ofeach such communication;

(1)

describe

an.d delineate

the exact statements

made during the course

of

each

such. communication;

U)

identify

date,

time

and duration of

each

such con

nunication.;

(k)

identify the

location of

each suchcommunication. and

(1)

identify all

persons present

at such

communication.

ANSWER.

INTERROGATORY NO. 4:

?ursuant

to

the

testimony of Mr;

Werthinnu

there were

—

— ..—

—..

meetings anti communications between

the experts, witnesses, employees, agents or consultan~

of Town

and Countiy Utilities, In,c. with City personnel, including City staf~after

the

filing

of

• -

the Application. and before the

Section 39.2

hearings

for each such

communication,

please:

7Q3~117Lv1222~O2

---

NoU—0~.--2~O~09:42

HOFFMi~N; MUELLER; CREEDON

F. 07/ i~

(a)

identify the individual(s)

involved in the

communications

by

name and

title and identify

what

type

of

communication took place. (written, oral,

--

-

-

telephone.

e-mail, etc.);

•

- •.

.•.

(1,)

the

subject matter of

each such communication;

~c)

describe

and delIneate

the

exact statejxients made

during

the.course

of

each

-

such communication;

(d.)

identIfy the dare, time and duration

of

each such communication;

(e)

identify

the location ofeach

such communication; and

(f)

identify all

persons present

at such

comrnurjicarion,

ANSWER:

LNTERROG~TORYNO. 5:

Identify all Kankakee City O~cials or personnel,

corlsultar1t~

or employees that

had any

involvement

in,

made any recommendations, proposed any

conditions, or made

any

dec1s~ons

regarding the

August 19, 2003 decision

~antirig approval

of

Town and. Country Utilities,

Inc.~s

Siting Application, and

for

eachsuch individual, please:

(a)

identify the individual

by name and title and identify

what type

of

-

communication took

place (written., oral, telephone,

e-mail, etc.);

(b)

describe the

nature and extent of the person’s involvement;

(c)

identify all

documents reviewed

by such person

regarding the August t~,

2003, decision granting

approval

ofthe

Siting Application;

7O~1174v~e22602

---

Nou—~G--2OD3 D9:42

HOFFMRN; MUELLER; CREEDON

F.~B—13

•

(d)

identify au documents generated

by such personnel having involverrient

in,

making

re ommendations or decisions regarding the August 19. 2003.

~

granting

approval ofthe Siting Application.

.

ANSWER:

INTERROGATORY NO. 6:

Identify all individuals

from

the City

of

Kankakee or

Town and

CountTy Utilities, Xnc.

who met, talked,

wrote,

or otherwise communicated with

•

Hearing Officer

Boyd before

or-after the filing

of the

Landfill

Siting Application on March 7,

2003,

please:

(a)

id~tjfy

the

individual

by

name and title and iden.tify what type

of

communication

took place

(written, oral, telephone, e-mail,

etc.);

(b)

the

subject matter

of

each

such

communication;

(c)

describe and delineate the

e~cactstatements made duxin~g

the course of

each

such commlnhi

cation;

(d)

identify the

dat;

time and duration

of

each

such

communication;

-

(e)

identify

the location ofeach

such communication; and

(±) identify all per-sons present at such

couication.

ANSWER:

INTEEROGATORY NO~

1;

Identify wheth~Towa and County Utilities, Inc.

is aware

of

any communications Kankakee City

Council Menibers with Mayoi Green cr an~

other

City at’

70331~74v1~22602

---

NO~—DS2~3~9:42

HOFFMRN MuELLE1~ CREEDON

P.~9/13

Karikakee

employee, agent,

attorney, staff member

or other City Council

member after

the

fling

-.

of the

Landñil Siting

Application on

March

7, 2003

relating to the

planning, deveippment

and.

siring ofthe

Facility, and

for

each such

individual, please;

.

.

(a)

identify the individual

by

name aird

title

and identify what

.

type

of

con~muncac)r1

took place (wdtten,

oral, telephon; e-mail,

etc.);

(b)

th.e subject matter

of each

~uchcommunication

•

(c)

describe and delineate

the exact statern~ts

made

during.the course

of each

suchcon~n,.unication;

.

-

(d)

identify the date,

time and duration

ofeach

su~,cimmunica~ou;,

•

(e)

identify

the location ofeach such

comrxtunicatioii; and

(t)

identify all persons present at such communication~

ANSWER:

IINTERROGATORY NO.8:

Identify each and every witness, consultant,

~

person associated

with

Town.

and Country

Utilities,

Inc., all

I’~ankakeeCity Council Members

who met, talked, or otherwise

communicated with City Department

Heads, supervisors,

sta~

emp1o~reesorcon ltant.s before or after the :fihing ofthe

Land.?.U

Siting app~catiçu

o~Mar~b7,

j--. • -

-•

2003, relatitig to

the planning,

development

and siting

of the

FaàilIty, and for e~hsuch

•

•

• -.

individi~al,

plea-se:

7O3M~14~v~

622~C2

---

NOU—OS—2~3~9

43

HOFFMAN; MUELLER; CREEDON

p~1~/

13

•

(a)

identify

the

individual

by

name and title and

identify what t~,eof

- -- -•

(b)

hecomnl)aunicatjol-1subject

matter

tookof

each

place

such,(written,communication;oral,

telephorio, c-maiL

etc.);

(c)

describe and delineate

the

exact statemen~made dunin.g

the course of

each

•

such

communication;

.

-

.

•

- •-

(d)

identify the date, time and

durationof

each such communication;

(e)

identify the location of

each such, communication; and

(If)

identify

all

persons

present at

such oo~manication.

ANSWER;

•

INTERROGATORY NO. 9:

Identify all

communications

of

Heaiing O~cer~oyd

with

the

Town and Country Ulilities, Inc.

or

its

attorneys or

agunts

before or after the

~1ing,of

the La~d.ñllSiting

Application on March 7, 2003,

and

for each such corimiun

atiom~,p~ea~se:

•

(a)

identify

what

type

of communication occwred (written, oral, telephone,

e-

.

..

-

(b)

the subject matter ofeach such communication;

• -

-

(0)

des~be

and delineate

the exact sm~ts m~é~

the c~á~eof è~

.

such

communication;

-

• •

(ci)

identify

the

dat; time

and duration of each

such

communication;

7O3Ell74y1 822~O2

---

NOL—~6—2ø~3~9: 43

HOFFMAN; MUELLER; CREEDON

F. 11713

(e)

identify

the

location

of

each

such

comniuthcatjon;

and

•

(f)

identify

all

persons

present

at such

communicaticia

ANSWZR:

INTERROGATOI~YNO. 1O~ Identify all

co~znunicarians

by

I~eaiixig

Officer Boyd

.~

.‘•

with any other

person before or after th,e

filing

of the

Landfill

Siring

Application

on

March 7,

2003,in

any

way relating to the planning;, development

and’siting

ofa solid

waste ~.an.agement

• facility,

or his

recommendations

‘or

opinions

concerning

the

same

and

for

each

such

•

•

•.

.•

•

:onmuthc~tion,ple~e:

•.

(a)

identify

what

type

of

coinmunicatiori

occurred (written,

oral,

telephone, e-

mail,

etc.).

(b)

the subject matter of each such

communication;

.

(c)

describe

and

delineate the

exact statements made during

thecourse ofeach

such

communication;

(d)

identify the date, time

amid duration

ofeach such

commiinic~tion;

(e)

identify the location of

each suth

communication;

and

(1)

identify all

persons present

at such

com~unicati9n.

ANSWER;

INTERROGATORY NO. 11:

Identify all

To~

and Country Utilities, Inc. personnel

that bad

any involvement in, had any

communications,

made any recommendations~

or made

any

~3UI~?~vI*226C~

---

NOU—~S—2~3~9:

43

HOFFMAN; MUELLER; CREEDON

F. 12’13

decisions regarding

any

civil action

brought

by

the City

of

Kankalcee against the County

of

Ka.nkakee, including,

bat not limited to, any

declaratoxy

jud~nentor

injunctive action, and. for

each such

individual

,

please:

(a)

identify the individual

by

name and title and identify

what

type

of

communication

took place

(written, oral, telephone, e-mail, etc.);

(b)

he subject

matter

of

each

such

communication;

(c)

describe and delIneate

the exact

stateme:nts made during the course

ofeach

•

such

communication;

.

•.

•

S

(d)

identify

the

date, time and duration

ofeach such

communication;

(e)

identify the

location ofeach such communication;

and

(0

identify

all

persons present at

such communication.

ANSWER:

•

LNTERROGATORY NO. 12:

Identify each and evemy communication

that Town and

Country

Uti1itie~,Inc. had

which

led

it to conclu.de that

Judith Skates

was

the

only

owner

entitled,

to notice

concerning

the

Bradshaw/Slcates property, and

for

each

such

communication,

please:

(a).

identify what type

of

communication, occurred (written, óral~

telephone, e-

ma)l,etc.);

• .

.

(b)

the

subject matter

ofeach

such conimunication.;

•

(c)

describe anddelineate the exact

statem~itsrnar.Ie

during the

course

such communication;

7O3~ll74~i

~22~O2

---

~9:43

HDFFM~N; MUELLER; CREEDON

S

•

(d)

identify

the dat; time

and duration

ofeach

such

communication;

(e)

identify the

location ofeach such

communication; and

(f)

identify all persons presentat such cómnrunication.

ANSWER:

Th~TEBROGATORYNO. 13:

Please identify each witness you expect to

present to

tify at

bearing, and

state

the

subject of

each witness’ testimony anilideutify any

documexit;az.y~,

witness will utilize in

his or her

testimony.

ANSWER:

~ated: October 17, 2003

RtfUltYSUbrnlttOd,

S

~

~DWA:RDD.SIVU HY

A’~

COTJNIY..:.

•

STATh’S ATTORNEY

DEmtOIJ~

OF

KA1~AK~E

S

•

By:

HINSHAW & CULBERTSON

S

•_

S

Richard

S.

Porter

One

of

Its Attorneys

•

S

EUNSHAW AND CULBERTSON

.~Q.Bpx1~9

R~c~~61105-1389

815-490-4900

7QJ~71i4~22~Q2

TflT~

P1~

---

hUrhI

JHN,

iIUtLLtJ-,

~

C~,ER~S

CE ~

OFFICE

V

ED

~. U.L’ i.~

Law Offices

of

NOV

62003

GEIOKGEIVfLIELLEKI

~ThTCOF~jJ4g~

Pof/~tj0~Control Board

501 State

Street

Ottawa,

IL

61350-3578

TeEe.pILorw

(815) 433-4705

•

Far;

(815) 433-4913

e-mai(~

gr@wI.eopenwest.

con~

FACStMILE TRANSMITTAL SHEET

t(~:

—

BradleyP. Halloran,Heanng Officer

FROM

George Mueller

COMPANY:

Illinois Pollution

Control Board

11/6/2003

MX NUMBER:

312/814—3669

TOTAL NO OF PAGES INCLUDING COV~It:

13

PhONE

312/814-8917

SEN

)~R’SREFER~NCtLNUMBER:

.

RE:

Byron Sandberg

v. The City of

Kankanee,

et at

.

YOUR REFERENCE NUMBER

PCB 04-33, PCB

04-34,

PCB

04-35

fl URGENT

L~’1~oR

REVIEW

~ PLEASE COMMENT

0 PLEASE REPLY

0 PLEASE RJ~CYCLE

Following

please

~nd Intcxrogatories

directed to Town &

Country Utilities

by the

County

of

Krnkakcc,

which

were

inadvertently

not attached

to

the Mo~onto Strike Interrogatories that my office

mailed to you on Octobcr

22,2003.

orge Mueller

SlthtLr6ari.

Office~

3015

shSLLry~.

NapervUCe, IL

60564

Pfwne~:

(630) 904-3505

~.

‘4~