BEFORE THE ILLINOIS POLLUTION CONTROL BOARD ~ECE~JED
NOTICE OF DISCOVERY DEPOSITION
DEPOSITION RIDER
AFFIDAVIT OF SERVICE

BEFORE THE ILLINOIS POLLUTION CONTROL BOARD ~ECE~JED

CLERK’S OFFICE

BYRON SANDBERG,

)

DEC

12003

Petitioner,

)

STATE OF ILLINOIS

)

Pollution Control Board

vs.

)

CITY OF KANKAKEE, ILLiNOIS, THE CITY)

OF KANKAKEE, ILLiNOIS CITY COUNCIL,) Case No. PCB 04-33

TOWN AND COUNTRY UTILITIES, NC.,

)

and KANKAKEE REGIONAL LANDFILL,

)

L.L.C.,

)

Respondents.

)

NOTICE OF DISCOVERY DEPOSITION

On December 1, 2003, at 1:30 p.m., via telephone, at Marilynn Mrozynski, C.S.R., One

Dearborn Square, Suite 510, Kankakee, Illinois, by dialing 877/232-4392 and using Participant

Code number 858042, the deposition of Christopher W. Bohlen will be taken before a notary

public (Marilynn Mrozynski

—

815/439-1390)

on oral interrogatories for discovery in this case,

and at that time the deponent shall produce all the documents requested on the attached rider.

Dated: t

Respectfully Submitted,

On behalfofthe COUNTY OF KANKAKEE,

ILLNOIS, and EDWARD D. SMITH,

KANKAKEE COUNTY STATE’S

ATTORNEY,

By: Hinshaw & Culbertson

Richard S.fr6rter

One of I~IAttorneys

HINSHAW AND CULBERTSON

100 Park Avenue

P.O. Box 1389

Rockford, Illinois 61105-1389

815/490-4900

7O38~339v1827167

DEPOSITION RIDER

Identify and produce any and all documents, letters, or memoranda which were

read, reviewed, or examined by you or the City of Kankakee regarding the Town and Country

Utilities, Inc. Landfill Siting Application, which either are or are not a part of the public record

ofthe hearing.

All communications, reports, correspondence, and other documents received or

sent by the City ofKankakee to or from Town and Country Utilities, Inc. regarding the plarming,

development, and siting ofthe facility.

All notes, minutes, and other documents of all communications, phone calls and

meetings between Town and Country Utilities, Inc. and you or the City ofKankakee, Illinois, the

Kankakee City Council or their agents relating to the planning, development, and siting ofthe

facility.

Any and all documents relied upon or reviewed by or received by you the City of

Kankakee, its officers, Department heads, supervisors and staff or the Kankakee City Council

(including but not limited to its consultants, attorneys or experts) concerning or relating to the

landfill or siting of the landfill which are not contained in the application or the City of

Kankakee public record.

Any and all documents, agendas, computer messages, telephone message memos,

which reference, mention, memorialize or in any way relate to any communications between you

or the City ofKankakee and Town and Country Utilities, Inc.

Any and all documents, correspondence, memoranda, e-mail, computer messages,

telephone message memos, or other evidence, items, records or things in any way referencing or

memorializing any communication of anyone with Hearing Officer Boyd, which are not part of

the public record, including any and all drafts of the Hearing Officer’s report or

recommendations that were reviewed or amended by the City of Kankakee, or the Applicant.

270386339v1 827167

Any and all agendas, documents, correspondence, memos, e-mails, computer

niessages or the like authored, generated or drafted by any City Council member concerning the

Application.

Any and all documents, correspondence, exhibits, memoranda, writings or

recordings in any way referencing the deliberation or consideration of the Application or any

condition upon approval suggested, considered or imposed by Hearing Officer Boyd or the City

Council, its members, agents, employees, attorneys and staff.

Any and all communications, documents, memoranda, recordings, agendas;notes,

or evidence concerning any communication between you or the City ofKankakee and Town and

Country Utilities, Inc., which refers or relates to any potential or actual lawsuit, dispute or claim

against the County of Kankakee, including, but not limited to any declaratory judgment action

filed by the City against the County, any injunctive action filed by the City against the County,

any County siting hearing, any civil action or other lawsuit filed against the County, or an appeal

ofany of the aforementioned actions or claims.

10.

Any and all communications between you or the City of Kankakee or Town and

Country Utilities, Inc. and Mr. Michael Watson or Mr. Merlin Karlock, or any agent or employee

of said individuals or any agent, employee, consultant or person affiliated with any company that

Mr. Watson or Mr. Karlock are affiliated with in any way, concerning the County ofKankakee

or an action, suit or proceeding of which the County is a party or participant.

11.

All correspondence, contracts or other communications between each opinion

witness or other witness and you or the City of Kankakee in connection with the subject matter

ofthis action.

12.

All transcripts, statements, articles, writings or other documents or tangible items

which City ofKankakee may use at hearing in direct or cross-examination of any witness.

13.

All releases, covenants or other agreements, promises or understandings

(including any document reflecting or referring to the same) with respect to the subject matter of

370386339v1 827167

this action, which is not contained in the Landfill Siting Application nor admitted into evidence

at the City ofKankakee hearing on the Application.

14.

Any and all documents or things set forth or referred to in Respondent’s answers

to interrogatories propounded by this or any Petitioner, or which Respondent or Respondent’s

counsel consulted to prepare said answers.

15.

Any and all communications, documents, reports, recommendations, memoranda,

c-mails, evidence or the like in any way referencing authored, received by or sent to Mr.

Yarborough, Ph.D.

16.

Any and all communications, documents, c-mails, reports or recommendations

between you, the City ofKankakee, the City Council or its agents, attorneys, staff and employees

and Hearing Officer Boyd.

17.

Any and all documents or evidence in any way memorializing that a report from

Mr. Yarborough, Ph.D. was made part of the City public record at any time.

470386339v1 827167

AFFIDAVIT OF SERVICE

The undersigned hereby under penalty ofperjury under the laws of the United States of

America, certifies that on

\‘L(~.03

she served a copy ofthe foregoing

upon:

Dorothy M. Gunn, Clerk

Illinois Pollution Control Board

James R. Thompson Center

100 West Randolph Street, Suite 11-500

Chicago, IL 6060 1-3218

Attorney George Mueller

• 501 State Street

Ottawa, IL 61350

(815)

433-4705

(815) 433-4913 FAX

Donald J. Moran

Pederson & Houpt

161 N. Clark Street, Suite 3100

Chicago, IL 6060 1-3242

(312) 261-2149

(312) 261-1149 FAX

Kenneth A. Leshen

Leshen & Sliwinski, P.C.

One Dearborn Square, Suite 550

Kankakee, IL 60901-3927

(815) 933-3385

(815)

933-3397 FAX

Christopher W. Bohien

200 E. Court Street, Suite 602

P.O. Box 1787

Kankakee, IL 60901

(815)939-1133

(815) 939-0994 FAX

L. Patrick Power

956 N. Fifth Avenue

Kankakee, IL 60901

(815) 937-6937

(815)

937-0056 FAX

Byron Sandberg

109 Raub St.

Donovan, IL 60931

byronsandberg(2i~starband.net

S70386339v1 827167

Bradley P. Halloran, Hearing Officer

Illinois Pollution Control Board

James R. Thompson Center, Suite 11-500

100 W. Randolph Street

Chicago, IL 60601

(312) 814-8917

(312) 814-3669 FAX

Via Facsimile

and by depositing a copy thereof, enclosed in an envelope in the United

States Mail at Rockford, Illinois, proper postage prepaid, before the hour of5:00 P.M., addressed

asabove.

G~~&

~/Iz&_

HNSHAW & CULBERTSON

100 Park Avenue

P.O. Box 1389

Rockford, IL 61105-1389

(815) 490-4900

cc:

Marilynn Mrozynski, C.S.R.

670386339v1 827167