RECE1V~D

BEFORE THE ILLINOIS POLLUTION CONTROL BOARD

CLERK’S OFFICE

JAN

1

6

2004

PEOPLE OF THE STATE

OF

ILLINOIS,

J

STATE OF

ILIJNOIS

I

Pollution

Control Board

Complainant,

)

I

vs.

No. 04-7

(Enforcement-Air)

4832

5. \‘INCENNES,

L.P., an Illinois limited

J

partnership, and BATTEAST

CONSTRUCTION, INC., an Indiana

)

Corporation,

J

I

Respondents.

ANSWERS TO COMPLAINANT’S

FIRST REQUEST FOR PRODUCTION

OF

DOCUMENTS,

OBJECTS, ANDTANGIBLE THINGS ON RESPONDENT,

4832 S. VINCENNES, L.P.

Respondent, 4832

5. Vincennes, L.P. (VINCENNES), pursuant to Section

101.616 of the

Board’s Procedural Regulations, Hearing Officer Order dated October 21, 2003 and Illinois

Supreme Court Rule 213, answers Complainant’s First Request for Production of Documents,

Objects and Tangible Things as follows:

I.

REQUESTS

1.

All

documents that Respondents referred to, identified or relied upon in

responding to Complainant’s First Set of Interrogatories to Respondents.

See Attached.

2.

All documents that Respondents referred to, identified

or relied upon in

answering Complainant’s amended complaint.

See Attached.

3.

All

documents reflecting or relating to any environmental inspection and/or

environmental audit of the subject site within the past 3 years.

See Attached.

4.

All

statements, notes and correspondence obtained from any i~erson(s)

with

knowledge

of the subject matter of the Complainant’s amended complaint.

None.

5.

Respondents’ Federal and State income tax returns, including schedules for the

years 2001, 2002 and 2003.

See Attached.

---

6.

The most recent audit made of the financial condition of the Respondents.

See Attached.

7.

All documents that:

a.

reflect a business agreement or contract between \‘INCENNES and any

other party forrenovation andfor the removal

of asbestos containing

material at any location on the site; or for demolition of any structure on

the site;

b.

any modifications thereto;

See Attached.

8.

All drawings, studies, schematics, maps, plans, blueprints

or charts depicting the

site or illustrating any plans for its development, use or operation.

See Attached.

9.

All documents relating to the testing or characterization

of potentially asbestos-

containing material at the site during the years

2001 through the present date.

See Attached.

10.

ALl written notifications submitted to the Illinois EPA for asbestos renovation or

demotion projects scheduled to occur at the site fromJanuary

1, 2001 through

the present date.

See Attached.

11.

All

documents reflecting or relating to the removal, transfer or disposal of any

and all waste from the site during the periodJanuary 1,

2001 through the preseflt date.

See Attached.

12.

All documents reflecting or relating to any inspection

ancL”or environmental

audit

of the site

by

any person during the period 2001 through the present date.

See Attached.

13.

Any photographs

of the site or any portion thereof obtained

clu ring the period

January

1, 1995 through the present date.

See Attached.

---

14.

All documents VINCENNES intends to offer into evidence at trial.

MILLER & FERGUSON

By~2~~

,4.

~

One of its 4$rneys

/

Miller& Ferguson, #91662

9415 South State Street

Chicago, Illinois 60619

(773) 660-4300

3

---

RECE~VED

CLERK’S OFFICE

BEFORE THE

ILLINOIS POLLUTION CONTROL BOARD

JAN

162004

STATE OF ILLINOIS

Pollution Control

Board

PEOPLE OF THE STATE OF ILLINOIS,

I

I

Complainant,

I

I

vs.

I

No. 04-7

(Enforcement-Air)

4832

S. VINCENNES,

L.P., an Illinois limited

partnership, and BATTEAST

CONSTRUCTION, INC., an Indiana

3

Corporation,

I

Respondents.

I

ANSWERS TO COMPLAINANT’S FIRST SET OF INTERROGATORIES ON

RESPONDENT,

4832 S. VINCENNES, L.P.

Respondent, 4832

S. Vincennes,

L.P.

(VINCENNES), pursuant to

Section

101.616 of the

Board’s

Procedural

Regulations,

Hearing

Officer

Order

dated

October

21,

2003

and

Illinois

Supreme Court

Rule 213,

answers Complainant’s First Set

of Interrogatories as

follows:

INTERROGATORIES

1.

Please identify:

a.

The

individual(s)

answering

these

interrogatories

on

behalf

of

the

Respondent, including his or her relationship to Respondent, and how long

he or she has been associated with Respondent.

b.

Each

person

who

provided

information

or

who

otherwise

consulted,

participated

or

assisted

in

connection

with

providling

answers

to

these

interrogatories,

the nature of

any such

consultation

or

assistance, whether

the information was based on personal knowledge,

and if not on the basis

of

personal knowledge, on what basis

it

was provided.

c.

For each person identified in Answer to Interrogatories

No.

1(b), specify the

particular interrogatories

to which each such person

contributed.

ANSWER:

a.

Anthony Ferguson

—

President

Mayfair Development, Inc.

—

General Partner 4832

5. Vincennes,

b.

Gregory V.

c.

Interrogatories 3, 9 and

18

---

2.

Identify the

name,

address, phone number,

occupation,

and

responsibifities

of

any and all person

having knowledge

of the operations at the site and/or the facts pertaining to

any possible open dumping or dumping outside of the permitted area and any of the factsalleged

in the Complaint filed in People v. 4832

S. Vincennes,

L.P. and Batteast Construction Company,

~

PCB

04-07.

Include any and

all

persons that

Respondents intend

to

call as witnesses at

hearing, including their relationship, if any, to each.

ANSWER:

None.

3.

Pursuant

to

Illinois

Supreme

Court

Rule

213(f),

with

respect

to

any hearing

\vitnesses, please state the following:

a.

The name, address and employer of each witness;

b.

A summary of the relevant facts within the knowledge

of

or which said

witnesses

will

testify to; and

c.

A listing of any documents or photographs, which any such witness has

relied upon, wifi use or which may introduce into evidence in connection

with the testimony of saidwitness.

ANSWER:

a.

Gregory

V.

Miller

(Sixteen

Hundred

Investment

Ltd)

9415

S.

State

Street, Chicago, Illinois; and

Patrick

Curtin

(Department

of

Housing)

318

5.

Michigan

Avenue,

Chicago,

Illinois

b.

Mr.

Miller

&

Mr.

Curtin

will

testify

as

to

when

Respondent

received

notification

from

the

Illinois

Environmental

Protection

Agency

of

the

environmental

hazards.

Mr.

Mifier

wifi

further

testify

as

the

actions

of

Respondent during the time periods stated in the subject complaint.

c.

Report

from

PGK

Environmental

Testing

&

Consulting

to

Batteast

Construction dated March 19, 2002.

4.

Furnish

the

identity

and

addresses

of

all

expert

witnesses

who will

testify at

trial for Respondents, together with the subject matter

on which each expert witness is expected

to

testify; the conclusions and opinions of each expert witness and

the

basis therefore; and the

qualifications of each expert witness and a copy of

all reports of such witnesses.

ANSWER:

None,

---

5.

With respect to any witness(es) interviewed

by

Respondents who Respondents

do not intend to call to

testify at hearing, state the name and address of any such witness, state

whether

a

transcript

of

any interview

with

said

witness

was

prepared,

or

a

memorandum

prepared

in

connection

with

any

such

interview,

and

provide

a

summary

of

the

facts

and

opinions relevant to this proceeding which were secured from saidwitness.

ANSWER:

None.

6.

Pursuant

to

Illinois

Supreme

Court

Rule

213(g),

identify

any and

all opinion

witnesses that Complainant have interviewed and/or expects to call at hearing.

Specify:

a.

The subject

matter

on which the opinion witness

is expected to testify

as

well

as

the

conclusions,

opinion

and/or

expected testimony

of

any

such witness;

b.

The

qualifications, including,

but

not

limited

to,

the

opinion

witness’

educational

background, practical

experience

in

the

area

he

or she

is

expected to testify in, any articles and papers he or she has written, any

and

all

seminars

and

post

graduate

training

he

has

received,

his

experience,

if

any,

as

a

teacher

or

lecturer

and

his

or

professional

appointments and associations;

c.

The identity

of each document examined, considered,

or relied upon by

him or her to form his or her opinions;

ci.

All proceedings

in which

each

opinion witness has

previously

testified

as an opinion witness; and

e.

Any and all reports of the opinion witness.

ANSWER:

None.

7.

‘With regard to VINCENNES, state:

a.

The date and state of formation;

b.

The

names

of

all

partners,

limited

and

general of

the

partnership,

the

percent ownership and the dates when they became partners;

c.

The relationship between the partners, if any.

3

---

a.

The

limited

partnership

was

created

on

or

about

April,

2000

in

Illinois.

b.

4832

S.

Vincennes,

L.P.

consists

of

Mayfair

Development,

Inc.,

as

general partner and Apollo Housing Group, LLP

(Apollo)

partner.

The

percentage

of

ownership

is

.OO1

and

.99

c.

The partners became partners in the partnership at its inception.

8.

Describe

the nature of the relationship between VINCENNES and BATTEAST

from August 1,

2001 to the present.

ANSWER:

Batteast

Construction was

hired

by the

Respondent

as the

general contractor for

the rehabilitation work performed on 4832

S. Vincennes, Chicago, Illinois.

9.

Please describe any conversations with Iffinois EPA personnel by agents

of the

Respondents,

especially

those

with

Joe

Zappa

between

the

dates

on January

31,

2002

and

February 5, 2002, including the time, date, place, who was

present, what was said, and whether

any written notes

or memoranda exist relating to the conversation.

ANSWER:

Joe

Zappa left

several

telephone

messages

during

the

period

stated

for

Gregory

Miller.

These

messages left

a return telephone number

that was a cellular phone number.

There was no office number given.

There was a telephone conversationbetween

Mr. Zappa

and

Mr.

Miller

during

that

period

in

which

Mr.

Zappa

informed

Mr.

Miller

of

the

environmental

conditions

stated

in

the

complaint.

During that

conversation,

Mr.

Miller

requested a written request to stop work or verification of Mr. Zappa’s identity.

10.

State

whether

from

August

1,

2001

through

the

present

date,

VINCENNES

operated,

occupied, used, maintained and/or controlled the site, and describe the nature of such

operation,

occupancy,

use

maintenance

and/or

control

and the

time

period(s)

corresponding

thereto.

The site was owned by Respondent during the period in question.

11.

Identify

all

persons

and entities who

have owned,

operated,

occupied,

used,

maintained and/or controlled the site from August 1,

2001 through the present date, and describe

the

nature of

such

ownership, operation,

occupancy,

use,

maintenance and/or

control and

the

time period(s) corresponding thereto.

ANSWER:

4

---

The Respondent was the only owner of site during theperiod in question.

12.

Describe in

detail

any and

all uses of the site

during the period August

1,

2001

through the present date.

ANSWER:

The

subject

site

is

being

rehabilitated

by

Batteast

Construction,

Inc.

during the

period in question.

The scope of work is detailed in the scope of work from NIA Architects.

13.

Describe

in

detail

VINCENNES’

role

in

the

activities

at

the

site

that

are

the

subject matter

of the complaint herein, including

any contractual arrangements for renovation,

with

the

City or

BATTEAST,

VINCENNES’ supervision

of

or

participation in

any renovation

activity

at

the

site

from

August

1,

2001

through

the

present

date,

and

identify

any written

contract or agreement for the performance of such work.

ANSWER:

Respondent was and

is

the

owner

of said site

and

entered into

a

contract

for the

renovation of said site.

Respondent did

site.

14.

State

whether

\‘INCENNES,

its

agents

or

attorneys

have

knowledge

or

information concerning the

existence of any statements,

oral

or written,

not

in

VINCENNES’

possession that pertains in any

way

to the matters alleged in the amended complaint.

If so, state:

a.

The type of statement, e.g., ~vritten, reported, shorthand,

oral, recorded;

b.

The

full

name

and residence and business

address of each person who

provided the statement; and

c.

The

full

name and

residence and business

address

of

each person who

has possession of the original or anycopy of the statement.

ANSWER:

None.

15.

State

whether

any

photographs

were

taken

of

the

scene

of

the

occurrences

alleged in the amended complaint.

If so, state:

a.

By whom, when and how many photographs were taken;

b.

\‘\Tho now has possession

of said photographs; and

c.

The nature of the photographs.

None.

5

---

16.

State

the

date

and

substance

of

all

written

and

oral

communications within

VINCENNES, to or from the Illinois

EPA, or to or from other persons,

regarding the subject

of

the

violations alleged

in the amended complaint other than stated in

Answer

No.

9.

Identify all

documents

containing

such

communications.

Identify

VINCENNES

personnel

and any other

persons involved in such communications.

ANSWER:

None.

17.

State

whether

VINCENNES,

or

any

person

or

entity

acting

on

behalf

of

\‘INCENNES,

confirmed

the

presence

of

asbestos

in

or

around

the

site

prior

to

the

commencement

of

the

asbestos

removal

activity

that

Complainant

alleges

commenced

in

February, 2002.

If your answer is in the affirmative, please identify or describe.

a.

The

locations

at

the

site

from

which

samples

were

obtained,

the

sampling methods

utilized, the parameters or contaminants

tested for,

and the results obtained.

Please attach a copy of all results;

b.

The testing method(s) by which the presence of asbestos was confirmed;

c.

The

laboratory

that

performed the

sampling

and

the

laboratory

that

performed the analysis; and

d.

All persons

or entities with knowledge

of the

sampling

and study and

the basis

of their knowledge.

ANSWER:

None.

18.

Identify any studies

or

evaluations

performed

from January

2001

through

the

present date

by,

or

for, VINCENNES

regarding the presence or

extent of asbestos at the site, or

any plan or recommendation for remediation of identified asbestos contamination.

Identify any

documents

relating

to

such

studies,

evaluations, plans

or

recommendations, and

any persons

having knowledge

of any facts of such studies, evaluations, plans or recommendations.

6

---

ANSWER:

The

Respondent

is

aware

of

and

is

in

possession

of

a

report

from

PGK

Environmental Testing & Consulting dated March 19, 2002.

to Complainant pursuant to its production request.

Respectfully submitted,

MILLER & FERGUSON

~

2~

R

One of its a(

rneys

/

Miller & Ferguson, #91662

9415 South

State Street

Chicago, Illinois 60619

(773) 660-4300

(

---

RECE

WED

CLERK’S OFFICE

JAN

162004

STATE OF ILLINOIS

Pollution Control Board

Verification

I, Anthony B. Ferguson, being first

duly sworn on oath, deposes and states pursuant to

735

ILCS 5/1-109

that he is the above and foregoing Respondent and certifies that the statements

set forth

in

this instrument are

true

and

correct,

except

as

to

matters

therein

stated to

be on

information and belief and as to such matters

the undersigned certifies as aforesaid that he verily

believes the same to be true.

Anthony B. Fe~~on

/

Miller &

Ferguson, #91662

9415 South

State Street

Chicago, Illinois 60619

(773) 660-4300

8