BEFORE
HE ILLINOIS POLLUTION CONTROL BOARD
PEOPLE OF THE STAT LLINOIS,
Complainant,
J. McDANIEL, INC., an Illinois corporation,
Respondent.
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)
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PCB No. 05-110
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(Enforcement - Water)
NOTICE
OF FILING
TO: Ms. Dorothy
M. Gunn
Clerk of the Board
Illinois Pollution Control Board
100 West Randolph Street
Suite 11-500
Chicago, Illinois
60601
(VIA ELECTRONIC
MAIL)
C arol Webb, Esq.
n g Officer
Illinois Pollution Control Board
1021 North Grand Avenue East
Post Office Box 19274
field,
Illinois 62794-9274
FIRST CLASS
MAIL)
that I have today filed
with the Office of the Clerk of
ollution Control Board RESPONDEN
a copy of which
is herewith served upon you.
Respectfully submitted,
J. McDANIEL, INC.,
Respondent,
By: lsl Edward W. Dwyer
Dated: September 15, 2006
Edward W. Dwyer
HODGE DWYER ZEMAN
3150 Roland Avenue
L ING SUBMITTED ON RECYCLED
PAPER
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, SEPTEMBER 15, 2006
CERTIFICATE OF SERVICE
I, Edward W. Dwyer, the undersigned,
certify that I have served the attached
RESPONDENT'S
DISCLOSURE OF OPINION WITNESS
Ms. Dorothy M. Gunn
Clerk of the Board
Illinois
Pollution Control Board
100
West
Randolph Street
Suite
11-500
Chicago, Illinois 60601
v ia electro
il on
September 15, 2006; and upon:
C arol Webb, Esq.
Illinois Pollution Control
Board
orth Grand Avenue East
Post Office Box 19274
Javonna Homan,
inois 62794-9274
Office of
the Attorney General
State of
Illinois
Environmental Bureau
500 South Second Street
inois
62706
by depositing said documents in the United
States Mail in Spring
prepaid, on September
15, 2006.
F C,SI.00l
/Fill'NOF & COS - Disclosure of Opinion witness
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, SEPTEMBER 15, 2006
BEFORE THE ILLINOIS
POLLUTION CONTROL
BOARD
E OF THE STATE
OF ILLINOIS,
Complainant,
}
}
}
PCB No. PCB 05-110
J. McDANIEL,
INC., an Illinois corporation,
}
Respondent.
}
RESPONDENT'S
DISCLOSURE
OF OPINION WITNESSES
COMES NOW the
Respondent, J. McDANIEL,
INC. ("
through its attorneys,
opinion
witnesses:
ify as to the incidents in both
McLean and Danville, Illinois,
onmental
Protection Agency
Manager, Engineering
and Assessment
Office
of Emergency Response
1021 North Grand
Avenue East
Yarrington
g field, Illinois 62794
Mr. Yarringtor
which are the
subject of the Complaint.
He ca
ions made during the
violati
iel"), by and
ER
ZEMAN, and hereby provides this
list of
rding J. McDaniel's
notice ("VN") process.
He can also testi
's long-term response to the
incidents.
1021 North Grand Avenue
Post Office Box
19276
Illi
Dan Bowen
Emergency Responder
Office of Emergency
Response
ois 62794
y
including his observations
while responding to the sites.
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, SEPTEMBER 15, 2006
Ralph Foster
Senior
Emergency Responder
Office of Emergency Response
Illinois Environmental
Protection Agency
1021 North Grand
Avenue East
P ost Office
Box 19276
Springfield, Illinois 62794
Mr. Foster cars testify as to the
incidents in both McLean and Danville, Illinois, including
h is observations
while responding to the sites.
James P. O'Brien
3950 Guilford
Road
Springfield,
Illinois 62711
Mr. O'Brien can testify as to the
cide n both McLean and Danville, Illinois,
McDaniel's response
actions to the incidents, and
G. 'rod Rowe
66 Fox Mill Lane
tals during
the VN process.
can testify as to the incidents in both McLean
and Danville, Illinois, including
his observations of the response
actions taken by McDaniel.
David
Leach
209 South Hamil
McLean, Illinois
61754
Mr. Leach can testify as to the incident in
Department's actions in response
to
inois, including the McLean Fire
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, SEPTEMBER 15, 2006
Charles
Brutlag
Senior Emergency Responder
Office of Emergency Response
Illinois Environmental
Protection Agency
1021 North
Grand Avenue East
P ost Office
Box 19276
Springfield, Illinois 62794
Mr. Brutlag can testify
as to the incident in McLean,
Illinois, including his observations
while
responding to the site and
the response actions taken by McDaniel.
Captain Bobby
Lillard
Danville
Fire Department
1111 North Griffin Street
Danville, Illinois 61832
nt
Fire Chief John High
Danville
Fire Department
1111 North Griffin Street
Danville, Illinois 61832
ille
1111 North Griffin Street
Danville, Illinois 61832
(last known address)
Captain
Lillard, Assistant Fire Chief
High, and Captain Kxauel can
incident in Danville, Illinois,
including the Danville Fire Department's
response to the
ident.
Ed Miller
D anville/Vermilion
County Emergency Management Agency
2 East South
Street
Danville, Illinois 61832 (last known address)
Ted Fisher
Danville/Vermilion
County Emergency Management Agency
2
East South Street
Danville, Illinois 61832
Messrs.
Danv
11e, Illino
their observ
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, SEPTEMBER 15, 2006
Dan Fulscher
Logan
County Emergency Services
911 Pekin Street
Lincoln, Illinois 62656
r can testify as to the incident at McLean, Illinois and the response taken by
Logan County Emergency Services.
Bob Caplinger
Bodine Environmental Services
5330 East Firehouse Road
Decatur, Illinois 62521
Joel Chapman
Bodine Environmental Services
4203 Constitution Drive
Peoria, Illinois 61602
Messrs. Caplinger and Chapman can testify as to the response actions taken by McDaniel
at both the McLean a
further testify regarding site
conditions, any impact to the environment, and costs incurred by McDaniel for
remediation of the sites.
Dave Moon
Terracon Environmental, Inc.
135 Ambassador
Drive
ille, Illinois 60540
(last
known
address)
Mr. Moon can test
o the response actions taken by McDaniel for the Danville
her
testify regarding site conditions, any impact to the
ment, and costs incurred by McDaniel for remediation of the site.
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, SEPTEMBER 15, 2006
Mr. Shaw
can testify as to the actions taken
by McDaniel in response to the McLean,
Illinois incident.
her testify
regarding site conditions, any
impact to the
environment, and
costs incurred by McDaniel for
rernediation of the site.
Joseph Zgurzynski
ECS Claims Administrators
600 Eagleview
Boulevard
Exton,
Pennsylvania 19341 (last known
address)
Mr. Zgurzynski can testify as
to the McLean, Illinois incident,
including actions ECS and
McDaniel have
authorized contractors to perform
since the incident occurred.
Raymond R. Allen
XL Environmental,
Inc.
520 Eagleview
Boulevard
Post Office
Box 636
Exton,
Mr. Allen can testify as to
cident occurred.
Mr.
Chris Fisher
XL Insurance
600 Eagleview Boulevard
Exton, Pennsylvania
1
ean, Illinois incident, including
actions XL
Mr. Fisher
can testify as to the actions XL
Insurance and McDaniel's have aut
contractors to perform at both
the McLean and Danville, Illinois sites.
Jerry
L. McDaniel
McDaniel Transportation
utton Drive
Mr. McDaniel can testify as to McDaniel's
responses to both the McLean and
Danv
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, SEPTEMBER 15, 2006
Becky Perlaky
A dvantage Management Group
4895 Dressler Road #100
Canton, Ohio 44718
Ms. Perlaky can testify as to both incidents, including McDaniel's responses to the VNs,
the actions McDaniel
authorized contractors to perform since the incidents, and the costs
incurred by McDaniel. She can further testify regarding McDaniel's safety and training
programs for its drivers.
Tom Thomas
Terminal Manager - Tremont
700 East Division
Peoria Heights, IL 61614 (last known address)
Thomas can testify as to McDaniel's responses to the incident at McLean, Illinois
and McDaniel's immediate response.
Sue
Doyle
Crawford and Company
7820 North University
Suite 106A
Peoria, Illinois 61614
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, SEPTEMBER 15, 2006
Ms. Doyle can testify as to the incident at McLean,
Illinois.
She can
further testify as to
the actions taken by Crawford Insurance on XL Insurance's behalf, as well as the
statements she ob ned from witnesses to the McLean,
Illinois incident.
Respectfully submitted,
J. MCDANIEL, INC.,
Respondent
By: /s/ Edward W. Dw_yer
One of Its Attorneys
D ate: September 15, 2006
Edward W. Dwyer
Monica T. Rios
ZEMAN
3150 Roland Avenue
Post Office Box 5776
Springfield, Illinois 62705-5776
ECSI:001/Fil/Revised Disclosure of Opinion Witnesses
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, SEPTEMBER 15, 2006