BEFORE THE
ORIGINAL
ILLINOIS POLLUTION CONTROL BOARD
RECEIVED
CLERK'S OFFICE
FIRST SET OF REQUESTS TO PRODUCE OF PETITIONER, PEORIA DISPOSAL
COMPANY DIRECTED TO RESPONDENT, PEORIA COUNTY BOARD
NOW COMES Peoria Disposal Company ("Petitioner") by its attorneys, Brian J
.
Meginnes and George Mueller, and directs the Peoria County Board ("Respondent"), to
produce at the office of Elias, Meginnes, Riffle & Seghetti,
P.C ., 416 Main Street, Suite
1400, Peoria, Illinois, 61602, within twenty-eight (28) days of service of this request, or
at such other time and place as may be agreed upon by the attorneys for the parties
pursuant to Illinois Administrative Code Title 35, Section 101
.616, for inspection,
copying, reproduction and photographing the following documents, objects or tangible
things, to wit :
DEFINITIONS
1 .
Document.
"Document" shall mean all documents, objects and tangible
things, including every original (and any copy of any original and any copy which differs
in any way from any original) of every writing of every kind or description, whether
handwritten, typed, drawn, sketched, or printed, including, without limitation, computer-
generated or maintained data or reports, books, records, papers, pamphlets, brochures,
circulars, plans, correspondence, emails, communications, telegrams, memoranda,
notes, logs, notebooks, worksheets, reports, lists, analysis, appointment books, diaries,
GEORGE MUELLER
1
BRIAN J. MEGINNES
628 Columbus Street, Suite #204
416 Main Street, Suite #1400
Ottawa, Illinois 61350
Peoria, Illinois 61602-1611
(815) 431-1500 -Telephone
(309) 637.6000-Telephone
(815) 431-1501 - Facsimile
(309) 637.8514-Facsimile
a
eorge0muelleranderson .com
bmeginnes(d emrslaw
.co m
PEORIA DISPOSAL COMPANY,
)
:ju
0
2006
Petitioner,
)
STATE OF
ILLINOIS
V)
PCB 06-184
Pollution Control Board
(Pollution Control Facility Siting Appeal)
)
PEORIA COUNTY BOARD,
)
Respondent .
)
telephone bills and toll call records, expense reports, commission statements,
confirmation statements, checkbooks, cancelled checks, receipts, contracts,
agreements, instruments, assignments, applications, offers, acceptances, written
memorials of oral communications, photographs, photographic slides or negative films,
digital images, digital moving images and film strips to which Respondent now has or
has had access to in the past .
2 . Communication .
"Communication" includes all discussions,
conversations, interviews, meetings, negotiations, emails, instant messaging,
cablegrams, mailgrams, telegrams, telexes, cables, or other forms of written or verbal
intercourse, however transmitted, including reports, notes, memoranda, lists, agendas,
and other documents, the identity of person(s) to whom and by whom it was made, the
date it was made, the circumstances under which it was made, including but not limited
to the location where it was made, the date it was made, the means by which it was
made, and the form in which it was made .
3.
Relate To or Relating To . "Relate to" or "relating to" as used herein with
reference to a subject shall mean both of the following :
a.
Containing, comprising, consisting of, constituting, composed of,
stating, setting forth or recording, contradicting, referring to, relating to or in any
way pertaining to, in whole or in part, that subject ; and
b.
Describing, discussing,
reflecting, interpreting, identifying,
concerning, contradicting, referring to, relating to, or in any way pertaining to, in
whole or in part, that subject .
4 .
All and Any. As used herein "all" refers to any and all, and the term "any"
likewise refers to any and all
.
5.
And / Or . "And" as well as "or" shall be construed either conjunctively or
disjunctively as necessary to bring within the scope of this request any documents
which might otherwise be construed to be outside its scope .
GEORGE MUELLER
2
BRIAN J. MEGINNES
628 Columbus Street, Suite #204
Ottawa, Illinois 61350
(815) 431-1500-Telephone
416 Main Street, Suite #1400
Peoria, Illinois 61602-1611
(309) 637.6000-Telephone
(815) 431-1501 - Facsimile
(309) 637-8514-Facsimile
george©muelleranderson .com
bmeginnes(dDemrslaw.com
6 .
Any and all capitalized terms not defined herein should be ascribed the
meanings given them in the Petition for Review filed with the Pollution Control Board on
June 7, 2006, initiating this matter.
INSTRUCTIONS
1 .
Any word written in the singular shall be construed as plural and any word
written in the plural shall be construed as singular when necessary to facilitate complete
answers.
2 . All documentation requested is from November 9, 2005, to the date of
compliance with this request, unless otherwise specifically indicated . If the answer is
not uniformly applied to that entire period, each change within the period is to be
indicated with the date of such change .
3 .
If any document requested is withheld on the ground of privilege, provide
a log of all such documents, including : (a) a description of the subject of each such
document; (b) all persons who have knowledge of each such document, or any having
knowledge regarding each such document, including without limitation the author of any
document withheld ; (c) the date and circumstance of any communication of such
document, including without limitation the identification of the author(s),
any
addressee(s), indicated or blind carbon copy recipient(s), or other recipient(s)
; and (d)
all grounds relied upon for not providing each such document .
4 . If any document described by this request has been lost, destroyed,
discarded or otherwise disposed of, that document is to be identified as completely as
possible .
5.
If any information is redacted from a document produced pursuant to this
request, that information is to be identified and described generally, and all grounds
relied upon for not providing such information are to be fully set forth .
6.
If any document described by this request no longer exists, or is no longer
within your possession, custody or control, identify such document(s) .
7 .
Identify in writing each paragraph of this request for which no responsive
documents are produced .
GEORGE MUELLER
3
BRIAN J. MEGINNES
628 Columbus Street, Suite #204
Ottawa, Illinois 61350
(815) 431-1500- Telephone
416 Main Street, Suite #1400
Peoria, Illinois 61602-1611
(309) 637-6000 - Telephone
(815) 431-1501 - Facsimile
(309) 637-8514 - Facsimile
george@muelleranderson .com,
bmeginnes(d emrslaw.co m
8.
If, subsequent to your initial response, you come into possession of any
document(s) that is(are) responsive to any of the following requests, you are requested
to supplement the response accordingly
.
9.
Documents produced in response to these requests must be organized in
categories that correspond to the responsive request
.
DOCUMENTS TO BE PRODUCED
1 .
All documents in the possession or control of Respondent referring to the
Application that were not included in the Record filed with the Pollution Control Board
pursuant to Illinois Administrative Code Title 35, Section 107 .300 .
2 .
Any document received or created by any member of the Peoria County
Board referring to the Application that was not included in the Record filed with the
Pollution Control Board pursuant to Illinois Administrative Code Title 35, Section
107 .300 .
3.
All documents in the possession or control of Respondent referring to
Peoria Disposal Company that were not included in the Record filed with the Pollution
Control Board pursuant to Illinois Administrative Code Title 35, Section 107.300 .
4. Any document received or created by any member of the Peoria County
Board referring to Peoria Disposal Company that was not included in the Record filed
with the Pollution Control Board pursuant to Illinois Administrative Code Title 35,
Section 107 .300.
5.
All documents in the possession or control of Respondent received from
any member or representative of the Heart of Illinois Sierra Club that were not included
GEORGE MUELLER
4
BRIAN J. MEGINNES
628 Columbus Street, Suite #204
Ottawa, Illinois 61350
(815) 431-1500-Telephone
416 Main Street, Suite #1400
Peoria, Illinois 61602-1611
(309) 637.6000-Telephone
(815) 431-1501 - Facsimile
(309) 637.8514-Facsimile
george@muelleranderson.co
m
b meginnes@emrslaw.com
in the Record filed with the Pollution Control Board pursuant to Illinois Administrative
Code Title 35, Section 107.300 .
6.
Any document received by any member of the Peoria County Board from
any member or representative of the Heart of Illinois Sierra Club that was not included
in the Record filed with the Pollution Control Board pursuant to Illinois Administrative
Code Title 35, Section 107 .300.
7. All documents in the possession or control of Respondent received from
any member or representative of the organization Peoria Families Against Toxic Waste
that were not included in the Record filed with the Pollution Control Board pursuant to
Illinois Administrative Code Title 35, Section 107 .300 .
8 .
Any document received by any member of the Peoria County Board from
any member or representative of the organization Peoria Families Against Toxic Waste
that was not included in the Record filed with the Pollution Control Board pursuant to
Illinois Administrative Code Title 35, Section 107
.300 .
9 .
All documents in the possession or control of Respondent received from
any member or representative of the organization Citizens for Our Environment that
were not included in the Record filed with the Pollution Control Board pursuant to Illinois
Administrative Code Title 35, Section 107 .300.
10 .
Any document received by any member of the Peoria County Board from
any member or representative of the organization Citizens for Our Environment that was
not included in the Record filed with the Pollution Control Board pursuant to Illinois
Administrative Code Title 35, Section 107
.300.
GEORGE MUELLER
5
BRIAN J. MEGINNES
628 Columbus Street, Suite #204
Ottawa, Illinois 61350
(815) 431-1500- Telephone
416 Main Street, Suite #1400
Peoria, Illinois 61602-1611
(309) 637.6000-Telephone
(815) 431-1501 -
Facsimile
(309) 637-8514 - Facsimile
qeorqe(a),muelleranderson . corn
bmeginnes(d e mrslaw.co m
11 . All documents in the possession or control of Respondent received from
any member or representative of the organization River Rescue that were not included
in the Record filed with the Pollution Control Board pursuant to Illinois Administrative
Code Title 35, Section 107 .300 .
12 . Any document received by any member of the Peoria County Board from
any member or representative of the organization River Rescue that was not included in
the Record filed with the Pollution Control Board pursuant to Illinois Administrative Code
Title 35, Section 107.300.
13.
All documents in the possession or control of Respondent portraying the
PDC 1 landfill or any property located within one (1) mile of the PDC 1 landfill that were
not included in the Record filed with the Pollution Control Board pursuant to Illinois
Administrative Code Title 35, Section 107
.300 .
14. Any document received or created by any member of the Peoria County
Board portraying the PDC 1 landfill or any property located within one (1) mile of the
PDC 1 landfill that was not included in the Record filed with the Pollution Control Board
pursuant to Illinois Administrative Code Title 35, Section 107.300.
15 . All documents, including, without limitation, notes, drafts, memoranda,
correspondence and transcripts, considered by the Peoria County Board regarding the
Application.
16 .
All documents, including, without limitation, notes, drafts, memoranda,
correspondence and transcripts, available to the Peoria County Board in its
consideration of the Application .
GEORGE MUELLER
6
BRIAN J. MEGINNES
628 Columbus Street, Suite #204
Ottawa, Illinois 61350
(815) 431-1500 - Telephone
416 Main Street, Suite #1400
Peoria, Illinois 61602-1611
(309) 637-6000-Telephone
(815) 431-1501 - Facsimile
(309) 637-8514-Facsimile
georae(&.muelleranderson .com
bmeginnes(demrslaw .com
17 . All documents, including, without limitation, notes, drafts, memoranda,
correspondence and transcripts, considered by the staff of the Peoria County Board
regarding the Application .
18.
All documents, including, without limitation, notes, drafts, memoranda,
correspondence and transcripts, available to the staff of the Peoria County Board in
their consideration of the Application
.
19 . All documents in the possession or control of Respondent reflecting
membership of any member of the Peoria County Board in the Heart of Illinois Sierra
Club that were not included in the Record filed with the Pollution Control Board pursuant
to Illinois Administrative Code Title 35, Section 107
.300.
20 . Any document received or created by any member of the Peoria County
Board reflecting membership of any member of the Peoria County Board in the Heart of
Illinois Sierra Club that was not included in the Record filed with the Pollution Control
Board pursuant to Illinois Administrative Code Title 35, Section 107
.300
.
21 . All documents in the possession or control of Respondent reflecting
membership of any member of the Peoria County Board in the Sierra Club that were not
included in the Record filed with the Pollution Control Board pursuant to Illinois
Administrative Code Title 35, Section 107 .300 .
22 .
Any document received or created by any member of the Peoria County
Board reflecting membership of any member of the Peoria County Board in the Sierra
Club that was not included in the Record filed with the Pollution Control Board pursuant
to Illinois Administrative Code Title 35, Section 107 .300 .
GEORGE MUELLER
7
BRIAN J. MEGINNES
628 Columbus Street, Suite #204
Ottawa, Illinois 61350
(815) 431 .1500-Telephone
416 Main Street, Suite #1400
Peoria, Illinois 61602-1611
(309) 637.6000-Telephone
(815) 431-1501 - Facsimile
(309) 637-8514 - Facsimile
george(&muelleranderson
.com
bmeginnes(Demrslaw.com
23. All documents in the possession or control of Respondent reflecting
membership of any member of the Peoria County Board in the organization Peoria
Families Against Toxic Waste that were not included in the Record filed with the
Pollution Control Board pursuant to Illinois Administrative Code Title 35, Section
107 .300.
24. Any document received or created by any member of the Peoria County
Board reflecting membership of any member of the Peoria County Board in the
organization Peoria Families Against Toxic Waste that was not included in the Record
filed with the Pollution Control Board pursuant to Illinois Administrative Code Title 35,
Section 107 .300.
25. All documents in the possession or control of Respondent received from
or authored by Citizens for Our Environment that were not included in the Record filed
with the Pollution Control Board pursuant to Illinois Administrative Code Title 35,
Section 107 .300 .
26 .
Any document any member of the Peoria County Board received from
Citizens for Our Environment that was not included in the Record filed with the Pollution
Control Board pursuant to Illinois Administrative Code Title 35, Section 107 .300 .
27 . All documents in the possession or control of Respondent received from
or authored by River Rescue that were not included in the Record filed with the Pollution
Control Board pursuant to Illinois Administrative Code Title 35, Section 107 .300 .
GEORGE MUELLER
8
BRIAN J. MEGINNES
628 Columbus Street, Suite #204
Ottawa, Illinois 61350
(815) 431-1500- Telephone
416 Main Street, Suite #1400
Peoria, Illinois 61602-1611
(309) 637-6000-Telephone
(815) 431-1501
- Facsimile
(309) 837-8514-Facsimile
george(cDmuelleranderson.com
bmeginnes(ccbemrslaw.com
28 . Any document any member of the Peoria County Board received from
River Rescue that was not included in the Record filed with the Pollution Control Board
pursuant to Illinois Administrative Code Title 35, Section 107 .300 .
29 .
All documents in the possession or control of Respondent received from
or authored by Tom Edwards that were not included in the Record filed with the
Pollution Control Board pursuant to Illinois Administrative Code Title 35, Section
107.300 .
30 .
Any document any member of the Peoria County Board received from
Tom Edwards that was not included in the Record filed with the Pollution Control Board
pursuant to Illinois Administrative Code Title 35, Section 107
.300 .
31 .
All documents in the possession or control of Respondent received from
or authored by Kim Converse that were not included in the Record filed with the
Pollution Control Board pursuant to Illinois Administrative Code Title 35, Section
107 .300.
32 .
Any document any member of the Peoria County Board received from Kim
Converse that was not included in the Record filed with the Pollution Control Board
pursuant to Illinois Administrative Code Title 35, Section 107
.300 .
33. All documents in the possession or control of Respondent received from
or authored by Joyce Blumenshine that were not included in the Record filed with the
Pollution Control Board pursuant to Illinois Administrative Code Title 35, Section
107.300.
GEORGE MUELLER
9
BRIAN J
. MEGINNES
628 Columbus Street, Suite #204
Ottawa, Illinois 61350
(815) 431-1500-Telephone
416 Main Street, Suite #1400
Peoria, Illinois 61602-1611
(309) 637.6000-Telephone
(815) 431-1501 - Facsimile
(309) 637.6514-Facsimile
george((Dmuelleranderson .com
bmeginnes3 emrslaw.com
34 . Any document any member of the Peoria County Board received from
Joyce Blumenshine that was not included in the Record filed with the Pollution Control
Board pursuant to Illinois Administrative Code Title 35, Section 107
.300.
35. All documents in the possession or control of Respondent received from
or authored by Diane Storey that were not included in the Record filed with the Pollution
Control Board pursuant to Illinois Administrative Code Title 35, Section 107 .300 .
36 .
Any document any member of the Peoria County Board received from
Diane Storey that was not included in the Record filed with the Pollution Control Board
pursuant to Illinois Administrative Code Title 35, Section 107
.300 .
37 . All documents in the possession or control of Respondent received from
or authored by Jean Roach that were not included in the Record filed with the Pollution
Control Board pursuant to Illinois Administrative Code Title 35, Section 107 .300.
38 .
Any document any member of the Peoria County Board received from
Jean Roach that was not included in the Record filed with the Pollution Control Board
pursuant to Illinois Administrative Code Title 35, Section 107.300.
39 . All documents in the possession or control of Respondent received from
or authored by Amy Schlicksup that were not included in the Record filed with the
Pollution Control Board pursuant to Illinois Administrative Code Title 35, Section
107 .300 .
40 .
Any document any member of the Peoria County Board received from
Amy Schlicksup that was not included in the Record filed with the Pollution Control
Board pursuant to Illinois Administrative Code Title 35, Section 107
.300 .
GEORGE MUELLER
10
BRIAN J. MEGINNES
628 Columbus
Street, Suite #204
Ottawa, Illinois 61350
(815) 431 .1500-Telephone
416 Main Street, Suite #1400
Peoria, Illinois 61602-1611
(309) 637-6000-Telephone
(815) 431-1501 -
Facsimile
(309) 637.8514-Facsimile
george(dmuelleranderson.com
bmeginnes(dDemrslaw.com
41 . All documents in the possession or control of Respondent received from
or authored by Cara Rosson that were not included in the Record filed with the Pollution
Control Board pursuant to Illinois Administrative Code Title 35, Section 107 .300.
42 .
Any document any member of the Peoria County Board received from
Cara Rosson that was not included in the Record filed with the Pollution Control Board
pursuant to Illinois Administrative Code Title 35, Section 107.300.
43
. All documents in the possession or control of Respondent received from
or authored by Tessie Bucklar that were not included in the Record filed with the
Pollution Control Board pursuant to Illinois Administrative Code Title 35, Section
107.300.
44 .
Any document any member of the Peoria County Board received from
Tessie Bucklar that was not included in the Record filed with the Pollution Control Board
pursuant to Illinois Administrative Code Title 35, Section 107 .300 .
45 .
All documents in the possession or control of Respondent received from
or authored by Mayvis Young that were not included in the Record filed with the
Pollution Control Board pursuant to Illinois Administrative Code Title 35, Section
107.300.
46 .
Any document any member of the Peoria County Board received from
Mayvis Young that was not included in the Record filed with the Pollution Control Board
pursuant to Illinois Administrative Code Title 35, Section 107 .300.
GEORGE MUELLER
11
BRIAN J. MEGINNES
628 Columbus Street, Suite #204
Ottawa, Illinois 61350
(815) 431-1500- Telephone
416 Main Street, Suite #1400
Peoria, Illinois 61602-1611
(309) 637-6000 -Telephone
(815) 431-1501 - Facsimile
(309) 637-8514 - Facsimile
aeoraeW m uelleranderson.co m
bmeglnnes(d emrslaw .com
47 .
All documents in the possession or control of Respondent received from
or authored by Lisa Offutt that were not included in the Record filed with the Pollution
Control Board pursuant to Illinois Administrative Code Title 35, Section 107.300
.
48 .
Any document any member of the Peoria County Board received from
Lisa Offutt that was not included in the Record filed with the Pollution Control Board
pursuant to Illinois Administrative Code Title 35, Section 107 .300 .
49. All documents in the possession or control of Respondent received from
or authored by Peter Offutt that were not included in the Record filed with the Pollution
Control Board pursuant to Illinois Administrative Code Title 35, Section 107
.300.
50 . Any document any member of the Peoria County Board received from
Peter Offutt that was not included in the Record filed with the Pollution Control Board
pursuant to Illinois Administrative Code Title 35, Section 107
.300 .
Respectfully submitted,
Peoria Disposal Company, Petitioner
INNES
LLE
neys
BRIAN J. MEGINNES
416 Main Street, Suite #1400
Peoria, Illinois 61602-1611
(309) 637-6000 - Telephone
(309) 637-8514 - Facsimile
bmeglnnes(demrslaw.co m
BRIAN J .
GEORGE
906-0824
GEORGE
628 Columbus
MUELLERStreet,
Suite #204
12
Ottawa, Illinois 61350
(815) 431-1500- Telephone
(815) 431-1501 - Facsimile
qeome(d.muelleranderson . corn
STATE OF ILLINOIS
)
COUNTY OF PEORIA
Mr. David A . Brown
Black, Black & Brown
101 South Main Street
P
.O
. Box 381
Morton, Illinois 61550
(309) 266-9680 - Telephone
(309) 266-8301 - Facsimile
dbrown(a .blackblackbrown .co m
Public
GEORGE MUELLER
628 Columbus Street, Suite #204
Ottawa, Illinois 61350
(815) 431-1500 -Telephone
(815) 431-1501 - Facsimile
george( m uelleranderson.co
m
SS
ORIGINAL
AFFIDAVIT OF SERVICE & FILING
The undersigned being first duly sworn on oath, states that a copy of the
foregoing FIRST SET OF REQUESTS TO PRODUCE OF PETITIONER, PEORIA
DISPOSAL COMPANY DIRECTED TO RESPONDENT, PEORIA COUNTY BOARD
was served upon the following persons by enclosing copies of same in separate
envelopes, addressed as set forth below, and depositing said envelopes in a U .S .
Postal Service mailbox in Peoria, Illinois, on the 2nd day of August, 2006, before 5 :00
p .m ., with all fees thereon fully prepaid .
Illinois Pollution Control Board
Ms . Carol Webb, Hearing Officer
100 W. Randolph, Suite 11-500
Illinois Pollution Control Board
Chicago, Illinois 60601
1021 North Grand Avenue East
(312) 814-3620 - Telephone
P .O . Box 19274
(312) 814-3669 -
Facsimile
Springfield, Illinois 62794-9274
(217) 524-8503 - Telephone
webbc a(~.ipcb.state
.il.us
Subscribed and sworn to before me this 2nd day of August, 2006 .
RECEIVED
AUS 0
2006
Pollution
STATE OF
Control
ILLINOIS
Board
Mr. Kevin Lyons
Peoria County State's Attorney
324 Main Street, Room #111
Peoria, Illinois 61602
M
OFcc SEAL
JESSICAM ROOCEY
NOTARY Fueuc-STATE OF ILLINOIS
MY COMMISSION EXPF&S
: 061107
BRIAN J. MEGINNES
416 Main Street, Suite #1400
Peoria, Illinois 61602-1611
(309) 637.6000-Telephone
(309) 637.8514-Facsimile
b meginnes6Demrslaw.com
File No . 05611-105
Illinois Pollution Control Board
100 W. Randolph, Suite 11-500
Chicago, IL 60601
Ladies and Gentlemen :
Enclosed you will find two copies of a First Set of Requests to Produce of Petitioner,
Peoria Disposal Company Directed to Respondent, Peoria County Board and First Set of
Interrogatories of Petitioner, Peoria Disposal Company, Directed to Respondent, Peoria County
Board for the above referenced case
. Please file one copy and return one copy to me in the self
addressed envelope provided herein .
Thank you for your anticipated cooperation in this matter
.
Very truly yours,
JN/jmr
cc :
David A . Brown
Kevin Lyons
George Mueller
pebletter
ELIAS, MEGINNES, RIFFLE & SEGHETTI, P.C.
ATTORNEYS AT /AW
JOHN S . ELIAS
416 MAIN STREET, SUITE 1400
DAVID N . SCHELLENBERG
BRIAN 1 . MEGINNES
PEORIA, ILLINOIS 61602-1611
JANAKI NAIR
ROBERT M . RIFFLE
TELEPHONE : (309) 637-6000
SONYA A. PASQUINI
MICHAEL R . SEGHETTI
FACSIMILE: (309) 637-8514
CYNTHIA L . ELIAS, OF COUNSEL
TROY N. PUDIK
www.emrslaw.com
RE: Peoria Disposal Company v . Peoria County Board
PCB 06-184
ORIGINAL
RER
RKS OFFICE
August 2, 2006
A+ U1';
; 0
2006
Pollution
STATE OF
Control
ILLINOISBoard
