BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
WESLEY BRAZAS, JR., ) PCB No. 06-131
)
Petitioner, )
) Appeal from IEPA decision
vs. ) granting Modified NPDES Permit
)
JEFFREY R. MAGNUSSEN, )
PRESIDENT, VILLAGE OF )
HAMPSHIRE, AND THE )
ILLINOIS ENVIRONMENTAL )
PROTECTION AGENCY, )
)
Respondents. )
REQUEST FOR PRODUCTION OF DOCUMENTS
TO: Mr. Wesley J. Brazas, Jr.
44 W 331 Big Timber Road
Hampshire, IL 60140
NOW COMES the Respondents JEFFREY R. MAGNUSSEN, VILLAGE PRESIDENT
and VILLAGE OF HAMPSHIRE, and for their Request for Production of Documents, hereby
request that Petitioner provide copies of, or produce for copying, on or before May 8, 2006, the
following documents related to his Petition for Review of a Decision by the Illinois
Environmental Protection Agency:
DEFINITIONS
A. As utilized herein, the term "documents" as used in this request includes but is not
limited to papers, photographs, films, recordings, memoranda, e-mail messages, books, records,
accounts, communications, written, typed, printed, transcribed, filed or graphic matter of every
kind and description, originals, copies or originals, or copies, drafts, carbon copies, printouts,
letters, correspondence, telegrams, transcripts, notes, statements, reports, memoranda (including
those of telephone or other conversations), minutes, agenda, communications, plans
specifications, diagrams, drawings, working papers, financial statements and records, accounting
data, property records, travel records, purchase orders, invoices, receipts, checks, checkbooks,
bank accounts, legal documents, stenographic notes, photostats, photographs, computer
printouts, films, microfilms, summaries, discs, reels, tapes, computer programs or other forms of
mechanical or electrical transcription of information, tables, diary entries, schedules, desk
calendars or pads, appointment books, and time sheets or records.
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, APRIL 14, 2006
B. The words "and" as well as "or" are to be construed either disjunctively or
conjunctively so as to bring within the scope of this request any matters which otherwise might
be construed as outside its scope.
C. The term "relating to in any way" means in any way logically or factually
connected with the matter set forth.
D. To the extent that production of any document or documents is withheld by
reason of the assertion of any privilege or otherwise, submit to the Defendants in writing the
following information regarding each such document:
i. The subject matter of such document;
ii. the date of such document
iii. the identity of the preparer of such document;
iv. the identity of each receipt, or addressee, to whom said document or any copy
thereof was shown, mailed or delivered; and
v. the specific basis upon which such document was withheld.
E. The obligation to produce the documents requested herein is intended to be of a
continuing nature so that, if at any time after compliance with this request the party responding
to this Request for Production of Documents comes into possession of any falling within the
scope of this request for production of documents, the Plaintiff should furnish such document or
documents to the Defendants promptly after receipt.
F. The obligation to produce documents requested herein extends to any and all
documents in the possession of the Plaintiff, his counsel, agents, employees, advisors, or any and
all persons or other entities acting or purporting to act on his behalf. If any documents were, but
no longer are, in the Plaintiff's possession or control, supply the information requested in
Paragraph D above.
DOCUMENTS TO BE PRODUCED
1. A copy of your current or last held Professional Engineering License or
Registration with the State of Illinois and/or any other governmental entity, including any
correspondence, memoranda, notes, notices, or other documentation pertaining to suspension,
revocation, discipline censure, or other disciplinary action pertaining to said license or
registration.
2. Any and all correspondence, letters, memoranda, notes, or other written
documentation submitted to the Illinois Environmental Protection Agency relating to the
application of the Village of Hampshire for modification of its NPDES permit to allow discharge
from its wastewater treatment facility as expanded to 1.5 mgd treatment capacity.
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, APRIL 14, 2006
3. Any and all letters, correspondence, notes, or other written memoranda describing
the delivery of EMS services to your location in or around the Village of Hampshire and
Hampshire Township, including but not limited to call out reports and routes designated to be
taken or actually taken by EMS vehicles in response to same.
4. Any and all correspondence, letters, notes, reports, tests, and other written
memoranda relating to the water quality of Hampshire Creek.
5. Any and all letters, correspondence, notes, reports, studies, tests, written
statements, affidavits, or other written memoranda relating to the amount of radium contained in
water produced by any of the Village wells.
6. Any and all letters, correspondence, notes, studies reports, tests, written
statements, affidavits, or other written memoranda including governmental regulations or rules
that impose on the IEPA “an affirmative duty to insure that receiving waters are not degraded
due to the single effect of a permit applicant, and/or to insure the cumulative effects of all
permits on said receiving waters maintained the quality of waters that is better than water quality
standards and/or prevents unnecessary deterioration of waters of the state.”
7. Any and all letters, correspondence, notes, reports, studies, tests, applications,
affidavits, or written statements or other written memoranda, including any other NPDES permit
issued by IEPA, which evidence “typical NPDES permits” stating pollutant limits as load limits
in lbs/day and concentration limits in mg/l.
8. Any and all letters, correspondence, notes, studies reports, tests, written
statements, affidavits, or other written memoranda, including governmental regulations or rules,
that impose on the IEPA that would require the Village of Hampshire and/or IEPA to perform a
study, prior to the issuance of a modified NPDES permit “assuring that the increase in discharge,
when combined with other sources, will not cause a violation of any applicable water quality
standard (as otherwise required by Special Condition 5).”
9. Any and all letters, correspondence, notes, studies reports, tests, written
statements, affidavits, or other written memoranda, including governmental regulations or rules,
that require the Village of Hampshire to report on radium “present in substantial quantities” in
the effluent of its wastewater treatment facility.
10. Any and all letters, correspondence, notes, studies, reports, tests, written
statements, affidavits, or other written memoranda which evidence that the increase in discharge
from 1.5 mgd DAF and 4.17 mgd DMF “without evaluation of the results of Special Condition 9
parameters unnecessarily jeopardizes the water quality of Hampshire Creek.”
11. Any and all letters, correspondence, notes, studies, reports, tests, affidavits,
written statements or other written memoranda relating to the average daily flow rate in the
Village’s wastewater treatment facility.
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, APRIL 14, 2006
12. Your Affidavit that your response is complete in accordance with this request.
VILLAGE OF HAMPSHIRE,
By: ______________________________________
Mark Schuster
Schnell, Bazos, Freeman, Kramer, Schuster
& Vanek
CERTIFICATE OF MAILING
TO: Mr. Wesley J. Brazas, Jr.
44 W 331 Big Timber Road
Hampshire, IL 60140
The undersigned states that he/she mailed a copy of the above Request for Production to
the party indicated above, by sending same by e-mail transmission, and by depositing same,
postage prepaid, in a U.S. Postal Box, with any and all attachments, in Elgin, Illinois on April 14,
2006.
____________________________________
Subscribed and sworn to before me
this _____ day of __________, 2006.
______________________________
Notary Public
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, APRIL 14, 2006
Hamp/NPDES/Document Req.
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, APRIL 14, 2006