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ILLIN4~4y~4~BOARD
MICHAEL A. PETROSIUS and Dana G.)
PETROSIUS
)
)
Complainants,
)
ILLINOIS STATE TOLL HIGHWAY
AUTHORITY
)
)
)
)
)
)
Respondent.
)
)
NOTICE OF FILING
To:
Carol Sudman
Hearing Officer
Illinois Pollution Control Board
600 South Second St. Suite 402
Springfield, Illinois 62704
REC~1VED
CLEF~K’SOFFICE
APR 12 2004
STATE OF ILLINOIS
Pollution Control Board
No. PCB 04-36
(Citizen’s Enforcement
Noise)
Victor Azar
2700 Ogden Avenue
Downers Grove, III. 60515
Please take notice that on the 9th day of April, 2004, Complainant Michael and Darla
Petrosius, by their attorney, Scott Dworschak, mailed for filing the attached
COMPLAINANT’S REQUEST TO PRODUCE with Dorothy M. Gunn, the Clerk of the
Illinois Pollution Control Board, James R. Thompson Center, 100 West Randolph St.
Ste. 11-500, Chicago, Illinois 60601
Scott Dworschak
Perkaus & Farley, LLC
1343 North Wells
Chicago, Illinois 60610
312-944-8200
BY: ~
Scott Dw rschak
CERTIFICATE OF SERVICE
The undersigned, an attorney, states that copies of the foregoing were served
upon the above named individuals at the above addresses by depositing the same in the
United States mail chute located at 1400 North Wells, Chicago, Illinois, 60610, on the
9th day of April, 2004 with proper postage prepaid.
V.
By:
Scott Dworschak
If IIiL~)II(tnth~\JiI/\lII
CLERK’SOFFICE
~
APR 122004
MICHAEL A. PETROSIUS and Darla G.)
STATE OF ILLINOIS
PETROSIUS
)
Pollution Control Board
)
Complainants,
)
)
v.
)
No. PCB 04-36
)
(Citizen’s Enforcement
ILLINOIS STATE TOLL HIGHWAY
)
Noise)
AUTHORITY
)
)
Respondent.
)
)
REQUEST TO PRODUCE TO THE RESPONDENT
NOW
COMES, the Complainants, Michael & Darla Petnosius, by their
attorney, Scott Dworschak, Penkaus & Farley, LLC, and pursuant to the Hearing
Officer Order of December 15, 2003 the Complainants submit the following
requests to produce:
DEFINITIONS AND INSTRUCTIONS
1.
Whenever appropriate, the singular form of a word should be
interpreted as plural.
2.
“And” as well as “or” shall be construed either disjunctively or
conjunctively, as necessary, to bring within the scope of this Request for
Production any documents which might otherwise be construed to be outside its
scope.
3.
With respect to any document which you withhold on any claim of
privilege, you should provide a statement signed by an attorney representing you
setting forth as to each document:
a.
The name(s) of the sender(s) of the document;
b.
The name(s) of the author(s) of the document;
c. The name(s) of all persons to whom copies or summaries
were sent or otherwise disclosed;
d. The job title and last known business and residence address
of every person
identified in (a), (b) and (c) above;
e. The date of the document;
f.
A brief description of the nature, format and subject matter of
each document;
g. The date on which said document, or any copy or summary
thereof, was delivered to your counsel or record; and
h.
The privilege under which the document is withheld.
4.
In producing the documents requested herein, you should indicate
the specific request(s) to which each document or group of documents is
produced. You should produce the requested documents as they are kept in the
usual course of business or organized and labeled to correspond with the
categories in this request.
5.
“Person” means and
includes, without limiting the generality of its
meaning, every natural person, corporate entity, partnership, association,
governmental body or agency.
6. “Document” means and includes 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; construction plans; construction
designs; maps; market studies and reports, book; records; minutes; letters;
3.
Documents, costs, CJP (construction improvement project) or MIP
(maintenance improvement project) numbers, regarding any noise wall
additions, deletions, or alterations performed on the 1-294 toll road
between 1990 and 2000.
4.
Any and all sound studies, noise meter readings, commissioned or
performed by Respondent’s employees or contractors within one mile, in
each direction, of the 75th Street interchange on the 1-294 toll road.
Response should include dB testing criteria and procedures relied upon by
the Respondent.
5.
Any and all criteria (policies, rules, regulations, statutes), in which the
Respondent relied in order to determine noise wall location and height for
noise wall installed along the 1-294 toll road between 1990 and 2000.
6.
Average Daily Traffic (ADT) numbers for the calendar years 1988 through
2003 for the 1-294 toIl road within one mile of the 75th Street interchange,
in both directions. ADT should also include all ramps to and from the 75th
Street interchange from the date of its construction through 2003.
7.
Toll revenues collected from the 1~294175thStreet interchange toll booths
for each year since the construction of the interchange.
8.
All agenda items brought before the Tollway Board of Directors regarding
noise wall policy, noise wall location and/or installation from 1988 to the
present.
9.
Documents which depict the physical location, number of lanes,
interchanges, on the 1-294 toll road within a two mile radius of the
residence at 7335 Maridon Road, Countryside, Illinois as the toll road
appeared in 1963.
10.
Documents which depict the physical location, number of lanes,
interchanges, on the 1-294 toIl road within a two mile radius of the
residence at 7335 Maridon Road, Countryside, Illinois as the toll road
appeared in 2003.
11.
Name and position of any Respondent employee that had the authority to
approve, deny, or alter the location of any noise wall by Respondent from
1990 to the present.
12.
Any expert reports, witnesses, and the qualifications of any experts, that
the Respondent intends to utilize at the hearing.
Respectfull submitted,
Scott Dwors~F~k
Perkaus & Farley, LLC
Attorney for Complainants
1343 North Wells
Chicago, Illinois 60610
312-944-8200