RECEIVED

BEFORE THE ILLINOIS POLLUTION CONTROL BOARD

CLERKS OFFICE

JAN

21

2004

PEOPLE OF

THE STATE OF

ILLNOIS,

)

STATE OF ILLINOIS

BY

LISA MADIGAN,

ATTORNEY GENERAL

)

Pollution Control

Board

OF THE STATE

OF ILLINOIS,

)

)

COMPLAINANT,

)

PCB

No.

02-186

vs.

)

(ENFORCEMENT

-

AIR)

PERFETTI VAN MELLE U.S.A.

INC.,

)

A DELAWARE

CORPORATION,

)

)

RESPONDENT.

NOTICE OF FILING

PLEASE

TAKE

NOTICE

that

I

have today

filed with

the

Office

of the

Clerk

of the

Pollution

Control Board

Respondent ~ First Set of Interrogatories

and Requests for Production

of Documents to Complainant,

a copy ofwhich is herewith served upon you.

Respectfully submitted,

PERFETTI VAN MELLE USA, INC.

By:

~

Dated:

January 20, 2004

Jon S. Faletto

Attorney for Respondent

Howard & Howard Attorneys, P.C.

One Technology Plaza, Suite 600

211

Fulton Street

Peoria, IL

6 1602-1350

(309) 672-1483

g:\t-v\van melle\caa (2)\p1d\noto~fi1ing_O

1-1 6-04.doc

THIS FILING IS SUBMITTED ON RECYCLED PAPER

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RECEIVED

BEFORE

THE ILLINOIS POLLUTION CONTROL

BOAB~ERKS

OFFICE

JAN

21

200k

PEOPLE OF THE STATE OF ILLINOIS,

)

BY

LISA MADIGAN,

ATTORNEY GENERAL

)

STATE OF ILLINOIS

OF THE

STATE OF ILLINOIS,

)

Pollution

Control

Board

)

COMPLAINANT,

)

PCBNo.02-186

vs.

)

(ENFORCEMENT

-

AIR)

PERFETTI VAN MELLE U.S.A. INC.,

)

A

DELAWARE CORPORATION,

)

)

RESPONDENT.

RESPONDENT’S FIRST SET OF INTERROGATORIES AND

REOUESTS FOR PRODUCTION OF DOCUMENTS TO COMPLAINANT

Pursuant

to

the General Rules of the

Illinois Pollution

Control Board

(hereafter “Board”),

specifically Section 101.616

(35

Ill. Admin. Code

101.616), and

the January 7, 2004

Order entered

by

Hearing

Officer

Bradley

P.

Halloran,

Respondent

serves

the

attached

Intenogatories

and

Requests

for Production of Documents

upon

the

Complainant.

You

are

to

answer the attached

separately,

fully, in

writing, and under

oath.

You

should

deliver

a true

copy of your

answers or

objections to the undersigned attorney in accordance with Hearing Officer Halloran’s November 18,

2003

and

January

7,

2004

Orders

that

require

responses

to

written discovery

to

be

served

on

or

before March

15,

2004.

INSTRUCTIONS FOR INTERROGATORIES

Respondent,

by

and

through

the undersigned attorney,

propound the attached questions

to

you under the provisions ofSection

101.616

(35

Ill.

Admin.

Code

101.616).

You are notified that

your answers

maybe offered in evidence at the trial ofthis lawsuit.

THIS FILING IS

SUBMITTED ON RECYCLED PAPER

1

---

In

answering

these

Interrogatories,

furnish

all

information

available

to

you,

including

information in

the possession of your attorneys or their investigators and

all persons acting in your

behalfand not

merely such information known of you or of your own personal

knowledge.

If you

cannot answer the Intenogatories

in full after exercising due

diligence to

secure the information,

so

state in your answer and, to

the extent possible,

answer stating

whatever information or knowledge

you have.

The

questions

which

follow

are

to

be

considered as continuing,

and

you

are requested to

provide by way

of supplemental answers

hereto

such additional

information

as

you

or

any

other

person acting

on

you behalf may

hereafter obtain

which

will augment

or otherwise

modi~’your

answers

given

below.

Such

supplemental responses

are

to

be

filed

and

served

upon

this

party

immediately upon receipt ofsuch information.

INSTRUCTIONS FOR REOUESTS FOR PRODUCTION OF DOCUMENTS

You

are required to

serve

upon

Respondent

by

and

through

the

undersigned

attorney,

a

written response which shall state, with

respect to

each item

or category of items,

that

inspection

and

copying will be permitted as requested.

The documents shall be produced as they are kept in

the regular course of business, or shall

be organized and labeled by you to correspond to

any items

or categories of items

in

this

request.

All

objections

to

any

item

or

categories of items

or parts

thereof, and the reasons for such objection, shall be specifically stated in your response.

With

respect

to

any

documents

responsive

to

this

request which

you

have

declined

to

produce by reason ofany claim ofprivilege or immunity, please state (1) the author and recipient, if

any, of such document;

(2) the

date of the document;

(3) a

description of the nature

and

subject

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---

matter ofthe document;

(4) the grounds upon which the privilege is asserted; and

(5)

the name and

address ofthe present custodian of the document.

In accordance with

Hearing Officer

Halloran’s November

18,

2003

and

January

7,

2004

Orders, production is requested on or before March

15,

2004,

at the law

firm ofHoward

& Howard

Attorneys,

P.C., One Technology Plaza, Suite 600,

211

Fulton

Street, Peoria,

IL

6 1602-1350 or at

such other location as may be agreed upon by the parties.

DEFINITIONS

As used herein, the following terms shall have the meaning indicated below.

A.

‘Persons”

means

natural

persons,

corporations,

partnerships,

sole

proprietorships,

associations or any otherkind ofentity or its agents, servants,

and employees.

B.

“You” and

“your” means the parties to

whom these questions

are directed

as well as

agents,

employees, attorneys, investigators, subsidiaries, affiliates and all other ‘persons” acting for

said party.

Provided,

however,

the inclusion of attorneys

is

not

meant

to

and

does not

seek

any

information or documents protected by the attorney-client privilege or the work product doctrine.

C.

“Respondent” is defined as the Respondent named in this administrative proceeding,

and

any ofits agents, servants,

employees, subsidiaries, or affiliates.

D.

The

term “documents” shall mean writings of every kind,

source,

and

authorship,

both

originals

and

all

non-identical

copies

thereof,

in

your

possession,

custody,

or

control,

known by you to

exist irrespective of whether the writing is

intended for or transmitted

to

any

other

person

or

entity,

including

without

limitation

any

government

agency,

department,

administrative

entity,

or personnel.

The

term

shall include

handwritten,

typewritten,

printed,

photocopied,

photographic,

or

recorded

pictures,

sound

recordings,

films,

tapes,

calculations,

THIS FILING IS SUBMITTED ON RECYCLED PAPER

3

---

permit

reviewer

notes,

and

information

stored

in,

or

accessible

through,

computer

or

other

information

storage

or

retrieval

systems,

together

with

the

codes

and/or

programming

instructions

and other materials necessary to understand that

use such systems.

For purposes of

illustration and

not limitation, the term shall include:

Affidavits, agendas,, agreements, analyses,

announcements,

bills,

statements

and

other

records

of

obligations

and

expenditures,

books,

brochures,

bulletins,

calendars,

canceled

checks,

vouchers,

receipts

and

other

records

of

payment,

charts,

drawings,

checkbooks,

circulars,

collateral

files

and

contents,

contracts,

corporate

by-laws,

corporate

charters,

correspondence,

credit

files and

contents,

deeds of trust,

deposit

slips,

diaries, drafts,

files,

guaranty

agreements,

instructions,

invoices,

ledgers, journal

balance sheets, profit and loss statements, and other sources offinancial data, letters,

logs, notes,

or memoranda of telephonic or face-to-face conversations, manuals, memoranda of all kinds,

to

and

from

any

persons,

agencies,

or entities;

minutes,

minute

books, notes,

notices, parts,

lists,

papers,

press

releases,

printed

matter

(including

published

books,

articles,

speeches,

and

newspaper clippings);

purchase orders, records ofadministrative, technical,

and financial actions

taken

or

recommended;

reports,

safety

deposit

boxes

and

contents

and

records

of

entry,

schedules,

security

agreements,

specifications,

statement

of

bank

accounts,

statements,

interviews,

stock

transfer

ledger,

technical

and

engineering

reports,

evaluations,

advice,

recommendations,

commentaries,

conclusions,

studies,

test

plans,

manuals,

procedure,

data,

reports,

results,

and

conclusions;

summaries, notes,

and

other records

and

recordings

of any

conferences,

meetings,

visits,

statements,

interviews

or

telephone

conversations;

telegrams,

teletypes and other communications sent or received, transcripts of testimony, UCC instruments,

work

papers

and

all

other

writings,

the

contents

of

which

relate

to,

discuss,

consider,.- or

otherwise refer to

the

subject matter of the particular discovery requested.

The term shall

also

THIS FILING IS

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matter ofthe

document; (4) the grounds upon which the privilege

is asserted; and

(5)

the name and

address ofthe present custodian ofthe document.

In accordance with

Hearing Officer Halloran’s

November

18,

2003

and

January

7,

2004

Orders, production is requested on or before March

15,

2004, at the law firm ofHoward &

Howard

Attorneys, P.C., One Technology Plaza, Suite 600,

211

Fulton Street, Peoria,

IL

61602-1350 or at

such other location as may be agreed upon by the parties.

DEFINITIONS

As used herein, the following terms

shall have the meaning

indicated below.

A.

“Persons”

means

natural

persons,

corporations, partnerships,

sole

proprietorships,

associations or any other kind ofentity or its agents,

servants, and employees.

B.

“You” and

“your” means the parties to whom these questions are directed

as well as

agents,

employees,

attorneys, investigators, subsidiaries, affiliates and all other “persons”

acting for

said

party.

Provided,

however,

the

inclusion

of attorneys is

not

meant to

and

does

not

seek

any

information or documents protected by the attorney-client privilege or the -work product doctrine.

C.

“Respondent”

is defined as the Respondent named in this administrative proceeding,

and any ofits agents, servants, employees, subsidiaries, or affiliates.

D.

The term “documents” shall mean writings of every kind, source,

and

authorship,

both

originals

and

all

non-identical

copies

thereof,

in

your

possession,

custody,

or

control,

known by you to

exist

irrespective of whether the writing

is

intended for or transmitted to

any

other

person

or

entity,

including

without

limitation

any

government

agency,

department,

administrative

entity,

or personnel.

The

term shall

include

handwritten,

typewritten,

printed,

photocopied,

photographic,

or recorded

pictures,

sound

recordings,

films,

tapes,

calculations,

THIS

FILING IS

SUBMITTED

ON RECYCLED PAPER

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permit

reviewer

notes,

and

information

stored

in,

or

accessible

through,

computer

or

other

information

storage

or

retrieval

systems,

together

with

the

codes

andlor

programming

instructions

and

other materials necessary to

understand that

use such systems.

For purposes of

illustration and

not limitation, the term shall include:

Affidavits, agendas, agreements, analyses,

announcements,

bills,

statements

and

other

records

of

obligations

and

expenditures,

books,

brochures,

bulletins,

calendars,

canceled

checks,

vouchers,

receipts

and

other

records

of

payment,

charts,

drawings,

checkbooks,

circulars,

collateral

files

and

contents,

contracts,

corporate

by-laws, corporate

charters, correspondence,

credit

files and

contents,

deeds of trust,

deposit slips,

diaries, drafts,

files, guaranty

agreements,

instructions,

invoices,

ledgers, journal

balance sheets, profit and loss statements,

and

other sources of financial data,

letters,

logs, notes,

or memoranda of telephonic

or face-to-face

conversations, manuals, memoranda of all

kinds,

to

and

from

any persons,

agencies,

or entities; minutes,

minute

books,

notes,

notices, parts,

lists,

papers,

press

releases,

printed

matter

(including

published

books,

articles,

speeches,

and

newspaper clippings); purchase orders, records of administrative, technical,

and financial actions

taken

or

recommended;

reports,

safety

deposit

boxes

and

contents

and

records

of

entry,

schedules,

security

agreements,

specifications,

statement

of

bank

accounts,

statements,

interviews,

stock

transfer

ledger,

technical

and

engineering

reports,

evaluations,

advice,

recommendations,

commentaries,

conclusions,

studies,

test

plans,

manuals,

procedure,

data,

reports,

results,

and

conclusions;

summaries,

notes,

and

other

records

and

recordings

of any

conferences,

meetings,

visits,

statements,

interviews

or

telephone

conversations;

telegrams,

teletypes and other communications sent or received, transcripts oftestimony, UCC instruments,

work

papers

and

all

other

writings,

the

contents

of which

relate

to,

discuss,

consider,

or

otherwise

refer to

the

subject matter of the particular discovery requested.

The term shall also

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FILING IS

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include data or information

that

exists

in

electronic

or magnetic form.

To

the extent

that

such

information

exists

in

electronic

or magnetic

form,

this

information shall

be

produced

in

hard

copy form (printed on regular paper).

The term

“documents”

also

includes

all

such documents, as defined above, whether in

the

actual possession or under the

actual or constructive control of the individual who

is requested to

produce such documents.

The

term

“documents”

also

includes

documents which

are

considered

privileged.

If

a

“document” is considered privileged, such document shall be identified by the type ofthe document,

its subjectmatter,

its author, its date, present location ofthe custodian of document, and the grounds

alleged for the claim of“privilege.”

E.

In those instances when requested information is

stored only on computer hardware

or software

or

other data compilations,

the

responding

party should

either

produce the raw data

along with all codes and programs

for translating it into usable form, or produce the information in a

finished usable form that includes all necessary glossaries, keys, and indices for interpretation ofthe

material.

F.

The conjunctions

“and”

and

“or”

are interchangeable

and

the

meaning

is

always

“andlor.”

G.

“Including” shall mean “including, but not limited to.”

H.

“Communication”

shall

mean any method

or means by

which information,

oral or

written,

is

exchanged,

including,

but

not

limited

to,

any

telephone

conversation,

meeting,

discussion,

letter,

facsimile,

telex,

telegram,

electronic

mail

or

any

other

means

by

which

information was received by you, ortransmitted by orto you.

THIS

FILING IS

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I.

“Constructive Control”

is defined to

include, but not be

limited to,

all documents (as

defined above)

in the possession or under the control of other individuals

or entities other than the

party

requested

to

produce

same,

when

such

other

individuals

are

subcontractors,

attorneys,

relatives, corporations or partnerships

owned or controlled by the party, banks, safety-deposit boxes

and otherplaces designed for the safe-keeping ofrecords or personal property.

J.

“Identify” should be interpreted as requiring the

following:

with respect to

persons,

the

person’s

full

name,

last known

address

and

telephone

number;

with

respect

to

non-natural

persons

(e.g.

a

corporation),

its

name, registered

agent, address

of its

principal place

of business,

registered

address

(if different

from

principal place of business)

and

principal business

activity.

With

respect

to

documents

or

things,

the

term

“Identify”

should

be

interpreted

as

requiring

sufficient information regarding the item

so that the party seeking

discovery can locate

and identify

the

object as readily as the party from whom it is being sought.

K.

“Reference to

Documents”

In those instances when the responding party chooses to

answer a request for information by referring to

a specific

document or record,

it

is

requested that

the specification

be

in

sufficient

detail

to

permit

the requesting party

to

locate

and

identify

the

records

and/or documents from

which the answer is

to be

ascertained, as readily

as

can the party

served with the request.

L.

“Document

Destruction”

It

is

requested

that

all

documents

andlor

other

data

compilations

that

might

impact on

the subject

matter of this

litigation

b.e

preserved

and

that

any

ongoing

process

of

document

destruction

involving

such

documents

cease.

In

the

event

a

responsive

document

has

been

destroyed

or

is

no

longer

in

the

possession

or

control

of the

Complainant,

it

is

requested

that

the

Complainant

identify

the

document

and

explain

any

such

circumstances.

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PAPER

6

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M.

“Complainant”

is defined

as the Complainant named in

this proceeding,

and

any of

their officials, representatives, agents, servants, employees, subsidiaries, or affiliates.

N.

The abbreviation “IEPA” shall refer to the Illinois Environmental Protection Agency

and the term “Agency” shall mean the Illinois Environmental Protection Agency.

0.

The terms “Volatile Organic Material” or “VOM” used in these Interrogatories and

Request to Produce are as defined by Section 211.7150 ofthe Board’s Air Pollution Regulations (35

Ill.

Admin. Code 211.7150).

P.

The

terms

“major

modification”

and

“net

emissions

increase”

used

in

these

Interrogatories

and

Request

to

Produce

are

as defined by

Section

203.207

(35

Ill.

Admin.

Code

203.207)

and

Section

203.208

(35

Ill.

Admin.

Code

203.208),

respectively,

of the

Board’s

Air

Pollution Regulations.

-

Q.

The

term

“lowest

achievable

emission

rate”

used

in

these

Interrogatories

and

Request to

Produce is defined by Section 203.126 ofthe Board’s Air Pollution Regulations

(35 Ill.

Admin. Code 203.126).

R.

References

to

“Buffalo

Grove

Facility”

and

“Facility”

shall

mean

the

buildings,

structures,

process

equipment,

non-process

equipment

and

ancillary

equipment

located

at

the

common address of 151

Hastings Lane, Buffalo Grove, Lake County,

Illinois,

and that

is referred to

in the Complainant’s Complaint as the “facility.”

If

Complainant

finds

the

meaning

of any

term

in

these

Interrogatories

unclear,

then

Complainant should assume a reasonable meaning,

state what that assumed meaning is, and answer

the

Interrogatory

on

the

basis

of that

assumed

meaning.

Unless

the context

or usage

indicates

otherwise,

all

terms

should

be

assumed

to

have

been

used

in

a

maimer

consistent

with

the

allegations contained in Complainant’s Complaint as filed in this cause.

THIS FILING

IS SUBMITTED ON RECYCLED PAPER

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INTERROGATORIES AND

REQUEST TO PRODUCE

INTERROGATORY

NO.

1:

Please

identify

each

person

who

participated

in

preparing

the

answers to these Interrogatories.

ANSWER:

INTERROGATORY NO.

2:

Please list the name,

address, and telephone number of any person

who is expected to be called to testify at trial.

ANSWER:

-

INTERROGATORY NO.

3:

Please list the anticipated subject matter oftestimony to be given by

the persons identified in the above stated INTERROGATORY NO.

2.

ANSWER:

INTERROGATORY

NO.

4:

Please

identify

all

equipment,

processes,

operations

or

activities

capable of emitting

Volatile Organic

Material

or VOM that

were

in

existence or present at the

Buffalo Grove facility for the time periods:

(a)

prior to November

1,

1999;

(b) after December

1,

1999; and (c) at thepresent time.

ANSWER:

THIS FILING IS

8

---

REQUEST

TO PRODUCE NO.

1:

Please produce

all

documents relating

to

or evidencing your

answerto the above stated INTERROGATORY NO.

4.

INTERROGATORY

NO.

5:

Please

state the

actual

and

potential

emissions

of VOM,

on

an

hourly and annual basis,

from all

equipment, processes, operations or activities capable of emitting

VOM that were in

existence or

present at the Buffalo Grove facility for the time periods:

(a) prior

to November

1, 1999;

(b) after December

1,

1999; and (c) at the present time.

ANSWER:

REQUEST

TO

PRODUCE NO.

2:

Please produce all

documents relating

to

or evidencing your

answer to the above stated INTERROGATORY NO.

5.

INTERROGATORY NO.

6:

Please

identify

all

dates

on

which

the

owner

or

operator

of the

Buffalo Grove

facility was required to

submit

an

application or request

for, obtain

or have

in

its

possession

a

permit,

approval

or

other

governmental

authorization

to

construct

or

install

any

structure, process, equipment, operation or activity

at the Buffalo Grove facility and

for each such

date,

identify

all

such required

permits,

approvals,

or

other governmental

authorizations,

for

all

relevant time

periods.

ANSWER:

REQUEST

TO PRODUCE NO.

3:

Please produce

all

documents relating to or evidencing your

answerto

the above stated INTERROGATORY NO.6.

THIS FILING IS

SUBMITTED

ON RECYCLED PAPER

9

---

INTERROGATORY NO. 7:

Please identify

the date or dates on

which the owner or operator of

the

Buffalo

Grove facility was required to

submit

an application

for participation

in the

Emissions

Reduction Marketing System

(“ERMS”)

regulatory program developed pursuant to

Section

9.8

of

the

Illinois Environmental

Protection

Act

(415 ILCS

5/9.8),

and

apply

for,

obtain

or have

in

its

possession

Allotment

Trading

Units

(“ATU5”),

and

identify

the

amount

or

number

of

ATUs

required for the Buffalo Grove facility, for all relevant time periods.

ANSWER:

RE9UEST

TO

PRODUCE NO.

4:

Please produce all

documents relating to

or evidencing your

answer to the above stated INTERROGATORY NO.7.

INTERROGATORY NO. 8:

Please

identify

all

dates

on

which

the

owner

or operator

of the

Buffalo

Grove facility was required to

submit

an

application

or request

for,

obtain

or have

in

its

possession “emission offsets” for VOM emissions as that term is defined at Section 203.12 1

(35

Ill.

Admin.

Code 203.121), and within the meaning of Section 203.303

(35 Ill.

Admin.

Code 203.303)

of the Board’s Air Pollution

Regulations,

and

identify

the

quantity of all

such

“emission offsets”

required forthe Buffalo Grove facility, for all relevant time periods.

ANSWER:

REOUEST TO PRODUCE NO.

5:

Please produce

all documents relating to

or evidencing your

answer to the above stated INTERROGATORY NO.

8.

THIS FILING IS

SUBMITTED ON RECYCLED PAPER

10

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INTERROGATORY

NO.

9:

With

respect

to

the

allegations

contained in

Paragraph

25

of the

Complaint

that

the

Buffalo

Grove

facility

is

a

“major

stationary

source,”

please

identify

all

equipment, processes, operations and

fugitive emissions, which alone or in combination, emitted

or

had

the potential

to

emit

more than

25

tons

of VOM per

year for the time

periods:

(a)

prior to

November

1,

1999;

(b)

after December

1,

1999;

and

(c)

at

the present

time.

For each piece of

equipment, process or operation so identified, please provide the following:

a)

all

information,

including

emission

factors,

emission tests,

and

any, calculations

or

formulas,

relied

upon in

determining the

actual

and potential

emissions of VOM for each

piece ofequipment, each process or each operation;

b)

all

rules, regulations, policies

or guidance relied upon in determining the potential

to

emit;

c)

all

persons in the employ or retained by Complainant who determined or assisted in

the

determination

of

the

emissions

or

potential

to

emit

for

the

equipment,

process

or

operation.

d)

the maximum

capacity of each piece

of equipment,

process

or operation

to

emit

VOM under its physical and operational design.

e)

Any physical or operational limitations

on

the maximum capacity

to

emit

VOM,

including

production

limitations

and

air

pollution

control

equipment,

for

each

piece

of

equipment.

For fugitive emissions identified, please provide the following:

f)

all

information,

including

emission

factors,

tests,

calculations,

or

guidance

relied

upon in determining the actual

and potential emissions of VOM for each fugitive source;

THIS FILING IS

SUBMITTED ON RECYCLED PAPER

11

-

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g)

all

persons in the employ or retained by Complainant who determined or assisted

in

the determination ofthe emissions or potential to emit from

fugitive VOM sources.

ANSWER:

REQUEST TO PRODUCE

NO.

6:

Please produce all

documents relating to

or evidencing your

answer to the above stated INTERROGATORY NO.

9.

INTERROGATORY NO.

10:

With

respect to

the allegations contained in

the Complaint and the

subject matter thereof, please state the following:

a)

All

information,

including

emission factors,

emission tests,

and

any

calculations

or

formulas, relied upon in determining that a “major modification” or “net emissions increase”

ofVOM occurred at any time at the Buffalo Grove facility;

b)

Identify the date such “major modification” or “net emissions increase” occurred at

the Buffalo Grove

facility,

and

as

of that

date,

what

Complainant

maintains would

have

been the “lowest achievable emission rate” applicable to such “major modification;”

c)

What permit,

approval or other governmental

authorization, if any,

was required for

the “major

modification,”

and

the

factual

basis

why such

“major

modification”

was not

subject

to

the

exemption

set

forth

at

Section

203.2 11

of

the

Board’s

Air

Pollution

Regulations (35 Iii.

Admin. Code 203.211).

d)

Identify each person on

behalfof Complainant with factual information concerning

the

“major

modification”

or

known

to

have

been

involved

in

the

assessment

and/or

determination that a “major modification” or “net emissions

increase” occurred at any

time

at the Buffalo Grove facility.

THIS FILING IS

SUBMITTED ON RECYCLED PAPER

12

-

-

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e)

Any physical or operational

limitations

on

the maximum

capacity

to

emit

VOM

from such “major modification”

ANSWER:

-

REQUEST

TO PRODUCE NO.

7:

Please produce

all

documents relating

to

or evidencing your

answer to the above stated INTERROGATORY NO.10.

INTERROGATORY

NO.

11:

To

the extent

not

already

provided

in

response

to

the preceding

Interrogatories, please state the basis for the assertions

in Paragraph 20 of Count I ofthe Complaint

that

Respondent

operated “two

(s)

capol

coating

lines

and baths,

new emissions

sources, without

having obtained and Illinois EPA operating permit” in violation ofthe Act.

ANSWER:

-

REQUEST

TO

PRODUCE NO.

8:

Please produce

all

documents relating to

or evidencing your

answer to the above stated iNTERROGATORY NO.

11.

INTERROGATORY

NO.

12:

Identify

any

equipment,

operations

or

activities

at

the Buffalo

Grove

facility

and

all

relevant

facts

that

cause

Complainant

to

believe

that

said

equipment,

operation or activities meet the regulatory definition ofthe term “coating line”

at Section 211.123 of

the Board’s Air Pollution regulations (35 Ill. Admin.

Code 211.123).

ANSWER:

THIS FILING IS SUBMITTED

ON RECYCLED PAPER

-

13

---

RI~QUESTTO

PRODUCE

NO.

9:

Please produce all

documents relating to

or evidencing your

answer to the above stated INTERROGATORY NO.

12.

INTERROGATORY NO.

13:

In reference to

the allegations in Count II ofthe Complaint, please

identify all information known to Complainant which cause Complainant to believe that the Buffalo

Grove

facility

had

ever

been,

or

is

currently

subject

to

the

Clean

Air

Act

Permit

Program

(“CAAPP”)

developed

pursuant

to

Title V of the

Clean Air Act,

for the time

periods:

(a)

prior

to

November

1, 1999;

(b) afterDecember

1,

1999; and (c) at the present time.

ANSWER:

REQUEST TO PRODUCE

NO.

10:

Please produce all documents relating to or evidencing your

answer to the above stated INTERROGATORY NO.

13.

-

INTERROGATORY NO.

14:

In reference to the allegations in Count III ofthe Complaint, please

identify all information known to

Complainant which cause Complainant to believe

that the Buffalo

Grove

facility had

ever been, or

is

currently

subject

to

the ERMS

regulatory

program developed

pursuant to

Section 9.8 of the Illinois Environmental Protection Act (415 ILCS

5/9.8),

for the

time

periods: (a) prior to November

1,

1999; (b) after December

1, 1999; and (c) at the present time.

ANSWER:

-

REQUEST TO PRODUCE

NO.

11:

Please produce all documents relating to

or evidencing your

answer to the above stated INTERROGATORY NO.

14.

THIS FILING IS

SUBMITTED ON RECYCLED PAPER

14

---

INTERROGATORY NO.

15:

In reference to the allegations in Count IV ofthe Complaint, please

identify

all

information

known

to

Complainant

which

causes

Complainant

to

believe

that

the

Buffalo Grove facility had ever been, or is currently subject to the requirements ofPart

203 “Major

Stationary

Sources Construction

And

Modification”

of

the

Board’s

Air

Pollution

Regulations

(35

Ill.

Adrnin

Code

Part

203),

applicable

to

a new major

source

or

major

modification,

for the

time

periods: (a) prior to November

1, 1999; (b) after December

1, 1999;

and (c) at the present time.

ANSWER:

REQUEST

TO

PRODUCE NO.

12:

Please produce all documents relating

to or evidencing your

answer to the above stated INTERROGATORY NO.

15.

INTERROGATORY NO.

16:

Does Complainant maintain that Respondent, in order to come into

compliance with

any

violations which

are alleged by Complainant

to

be

continuing, is

required to

submit

any

new

permit

applications,

modify

or

supplement

any

pending

applications,

obtain

“emission offsets,”

obtain

“allotment trading units” or install

any

emission control equipment not

already in existence or contemplated under any pending permit application?

If so, then please describe with

particularity the

permits

that must

be

applied

for,

the manner

in

which

any

application must

be modified

or

supplemented,

the

amount

of any emission offsets or

allotment trading units and the additional emission control equipment required.

ANSWER:

REOUEST TO PRODUCE NO.

13:

Please produce all documents relating to or evidencing your

answer to the above stated INTERROGATORYNO.

16.

THIS FILING IS SUBMITTED ON RECYCLED PAPER

15

---

INTERROGATORY NO.

17:

Please itemize

the penalties

which

Complainant

seeks

to

recover

for each violation asserted in the

Complaint,;

identity the manner or means by which

Complainant

determined the penalty amounts to

be sought (including but not limited to, the manner in

which any

statutory

criteria, policy

or guidance

was employed

in

determining the penalty

amounts);

identify

the

relevant

facts

considered

in

the

making

the penalty

determinations

and

in

employing

such

statutory criteria, policy or guidance; and identify the manneror method employed in attributing any

economic benefit accruing to Respondent by reason ofthe violations asserted.

ANSWER:

-

REQUEST

TO PRODUCE NO.

14:

Please produce all documents relating to or evidencing your

answer to the above stated INTERROGATORY NO.

17.

INTERROGATORY

NO.

18:

To

the

extent

not

already

disclosed

in

response

to

these

Interrogatories, please identify the nature ofthe injunctive relief sought by Complainant.

ANSWER:

REQUEST

TO

PRODUCE

NO.

15:

Please

produce

any

and

all

documentation

relating

to

physical inspections

of the Buffalo Grove facility by any representative ofthe Complainant

or the

IEPA at

any

time and whether or not such inspections were related to

the violations

alleged in the

Complainant’s Complaint.

THIS FILING

IS

SUBMITTED ON RECYCLED PAPER

16

---

REQUEST

TO

PRODUCE

NO.

16:

Please produce

any

and

all

documentation

relating

to

physical inspections

of the Buffalo Grove facility by any representatives of the Complainant or the

IEPA

and investigations ofthe Buffalo Grove facility or the Respondent by any representatives of

the Complainant or the IEPA with respect to the violations alleged in the Complainant’s Complaint.

REQUEST

TO

PRODUCE

NO.

17:

Please produce

any

and

all

documentation relating

to

a

permit

application

submitted by

Petitioner, or

by

any

agent or representative

of Petitioner,

on

or

about

April

4,

2000,

including

JEPA

review

notes,

calculations,

internal

IEPA

agency

communications,

correspondence

and

preliminary

and

final

determinations

on

such

permit

application.

REQUEST

TO

PRODUCE

NO.

18:

Please

produce

any

and

all

documentation relating

to

a

permit

application

submitted

by

Petitioner,

or by

any

agent

or representative of Petitioner,

on

or

about

July

25,

2000,

including

JEPA

review

notes,

calculations,

internal

IEPA

agency

communications,

correspondence

and

preliminary

and

final

determinations

on

such

permit

application.

REQUEST

TO

PRODUCE

NO.

19:

Please

produce

any

and

all

documentation

relating

to

a

permit

application

submitted

by Petitioner,

or by

any

agent or representative

of Petitioner,

on

or

about

February

6,

2002,

including

IEPA

review

notes,

calculations,

internal

IEPA

agency

communications,

correspondence

and

preliminary

and

final

determinations

on

such

permit

application.

THIS FILING IS

SUBMITTED ON RECYCLED PAPER

17

---

Respectfully submitted,

HOWARD & HOWARD

By:

~

Dated: January 20, 2004

Jon S. Faletto

Attorney for Respondent

Howard & Howard Attorneys, P.C.

One Technology Plaza, Suite

600

211

Fulton Street

Peoria, IL

61602-1350

THIS FILING

IS SUBMITTED ON RECYCLED PAPER

18

---

CERTIFICATE OF SERVICE

I, the undersigned,

hereby certify that on this

20th

day of January,

2004,

I have served the

attached

RESPONDENT’S

FIRST

SET

OF

INTERROGA TORIES

AND

REQUESTS

FOR

PRODUCTION OFDOCUMENTS

TO

COMPLAINANT,

by depositing

same via

first-class U.S.

mail delivery to:

Dorothy M. Gunn, Clerk

Illinois Pollution Control Board

James R. Thompson Center

100 WestRandolph, Suite 11-500

Chicago, IL

60601

Joel J.

Sternstein

Assistant Attorney General

Environmental Bureau

Office of the Illinois Attorney General

188 West Randolph Street,

20th

Floor

Chicago, IL

60601

-

Jon S. Faletto

-

Howard & Howard Attorneys, P.C.

One Technology Plaza, Suite 600

211

Fulton Street

Peoria,

IL

61602

(309) 672-1.483

jen;g:\t-v\van melle\caa

(2)\pld\interrog&reqjoproduce_O 1-1 6-04.doc

Honorable Bradley J. Halloran

Hearing Officer

Illinois Pollution Control Board

James R. Thompson Center

100

West Randolph, Suite

11-500

Chicago, IL

60601-3218

Jo~~~ttomeyforRespodent

THIS FILING IS

SUBMITTED ON RECYCLED PAPER

19