BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
RECEIVED
CLERK'S OFFICE
NOV 1 u
20(16
STATE OF ILLINOIS
Petitioner,
D
Pollution Control Board
B 06-184
v .
(Pollution Control Facility Siting
Appeal)
PEORIA DISPOSAL COMPANY,
PEORIA COUNTY BOARD,
)
Respondent .
)
RESONDENT, PEORIA COUNTY BOARD'S PARTIAL RESPONSE
TO FIRST
SET OF REQUESTSTS
TO ADMIT OF PETITIONER, PEORIA DISPOSAL
COMPANY (Requests 1 through 81)
NOW COMES
Respondent, Peoria County Board, by and through its
attorneys David A . Brown, and hereby responds as
follows :
(Any and all capitalized terms not defined herein should be ascribed
the
meanings given them in the Petition for Review)
.
Admissions Regarding Exhibit Volume
for Depositions
1 .
Exhibit 1(A) in the Exhibit Volume for Depositions previously tendered to counsel
for the County Board is a true and accurate copy of the Certificate of Record on Appeal,
dated
July 27, 2006 (with cover letter and Index), filed in this appeal by the County Board
.
Response:
Admitted .
2.
Exhibit 1(B) in the Exhibit Volume for Depositions previously tendered to counsel
for the County Board is a true and accurate copy of the Certificate of Supplemental
Record on
Appeal, dated August 17, 2006 (with cover letter and Index), filed in this appeal
by the County
Board .
Response:
Admitted .
3.
Exhibit 2 in the Exhibit Volume for Depositions previously tendered to counsel for
the County Board is a true and accurate copy of the Staff Report, dated March 27, 2006, filed with
the Peoria County Clerk on March 28, 2006 .
Response:
Admitted .
4.
Exhibit 2 in the Exhibit Volume for Depositions previously tendered to counsel for
the County Board is a copy of pages C12093-198 of the Record filed in this appeal by the County
Board, and is missing C12156-57 and C12160-61
.
Response :
Admitted .
5.
Exhibit 3 in the Exhibit Volume for Depositions previously tendered to counsel for
the County Board is a true and accurate copy of the Supplemental Staff Report, dated April 3,
2006 .
Response:
Admitted .
6.
Exhibit 3 in the Exhibit Volume for Depositions previously tendered to counsel for
the County Board has not been filed in the Record submitted to the Pollution Control Board in this
appeal .
Response :
Admitted
. However, Respondent states that it has filed a Motion with the
Pollution Control Board to supplement the Record to include this document as part of the
Record on appeal
.
7.
Exhibit 4 in the Exhibit Volume for Depositions previously tendered to counsel for
the County Board is a true and accurate copy of the Transcript of the April 3, 2006 Site Hearing
Subcommittee Meeting (without index) .
Response :
Admitted .
8.
Exhibit 4 in the Exhibit Volume for Depositions previously tendered to counsel for
the County Board is a copy of pages C13353-88 of the Record filed in this appeal by the County
Board .
Response :
Admitted .
9.
Exhibit 4 in the Exhibit Volume for Depositions previously tendered to counsel for
the County Board was not placed in the files of the Peoria County Clerk for review by the public
during the siting process .
Response :
Denied
. Said document was in the files of the Peoria County Clerk and
was available for review and viewing by the public as part of the Peoria County Clerk's
regular County Board files
. However, Respondent admits that it was not held with the
application related files .
10.
Exhibit 4 in the Exhibit Volume for Depositions previously tendered to counsel for
the County Board was not tendered to the Peoria Disposal Company during the siting process
.
Response :
Respondent admits that it did not tender the document specifically to
Peoria Disposal Company during the siting process . However, Respondent states the
document was available to the Peoria Disposal Company and all other members of the
public, both on the County's website as well as in the County Clerk's office .
11 .
Exhibit 4 in the Exhibit Volume for Depositions previously tendered to counsel for
the County Board was first made available to the public when it was posted on the County's
website .
Response :
Admitted .
12 .
Exhibit 4 in the Exhibit Volume for Depositions previously tendered to counsel for
the County Board was first made available to the Peoria Disposal Company when same was
posted on the County's website .
Response :
Admitted .
13.
Exhibit 5 in the Exhibit Volume for Depositions previously tendered to counsel for
the County Board is a true and accurate copy of the April 6, 2006 Regional Pollution Control Site
Hearing Committee Meeting (without index) .
Response :
Admitted
.
14.
Exhibit 5 in the Exhibit Volume for Depositions previously tendered to counsel for
the County Board is a copy of pages C13410-44 of the Record filed in this appeal by the County
Board .
Response :
Admitted
15 .
Exhibit 5 in the Exhibit Volume for Depositions previously tendered to counsel for
the County Board was not placed in the files of the Peoria County Clerk for review by the public
during the siting process
.
Response :
Denied
. Said document was in the files of the Peoria County Clerk and
was available for review and viewing by the public as part of the Peoria County Clerk's
regular County Board files
. However, Respondent admits that it was not held with the
application related files .
16 .
Exhibit 6 in the Exhibit Volume for Depositions previously tendered to counsel for
the County Board is a true and accurate copy of a Memorandum regarding the PDC Expansion
Vote, dated April 26, 2006 (two copies)
.
Response :
Admitted .
17 .
Exhibit 6 in the Exhibit Volume for Depositions previously tendered to counsel for
the County Board is a copy of pages C13459-60 and C13625-26 of the Record filed in this appeal
by the County Board .
Response :
Admitted .
18.
Exhibit 6 in the Exhibit Volume for Depositions previously tendered to counsel for
the County Board was not placed in the files of the Peoria County Clerk for review by the public
during the siting process .
Response :
Admitted .
19.
Exhibit 7 in the Exhibit Volume for Depositions previously tendered to counsel for
the County Board is a true and accurate copy of a typed page with packet titled "Special
Conditions" attached thereto .
Response :
Admitted .
20.
Exhibit 7 in the Exhibit Volume for Depositions previously tendered to counsel for
the County Board is a copy of pages C13606-11 of the Record filed in this appeal by the County
Board .
Response :
Admitted .
21 .
Exhibit 7 in the Exhibit Volume for Depositions previously tendered to counsel for
the County Board was not placed in the files of the Peoria County Clerk for review by the public
during the siting process .
Response :
Denied. Said document was in the files of the Peoria County Clerk and
was available for review and viewing by the public as part of the Peoria County Clerk's
regular County Board files
. However, Respondent admits that it was not held with the
application related files .
22 .
Exhibit 7 in the Exhibit Volume for Depositions previously tendered to counsel for
the County Board was not tendered to Peoria Disposal Company during the siting process
.
Response :
Admitted .
23 .
Exhibit 8 in the Exhibit Volume for Depositions previously tendered to counsel for
the County Board is a true and accurate copy of an email from Patrick Urich to JoAnn Thomas
and Megan Fulara .
Response :
Admitted .
24.
Exhibit 8 in the Exhibit Volume for Depositions previously tendered to counsel for
the County Board is a copy of page C13612 of the Record filed in this appeal by the County
Board .
Response :
Admitted .
25.
Exhibit 8 in the Exhibit Volume for Depositions previously tendered to counsel for
the County Board was not placed in the files of the Peoria County Clerk for review by the public
during the siting process .
Response :
Admitted .
26.
Exhibit 8 in the Exhibit Volume for Depositions previously tendered to counsel for
the County Board was not tendered to Peoria Disposal Company during the siting process
.
Response :
Admitted .
27.
Exhibit 9 in the Exhibit Volume for Depositions previously tendered to counsel for
the County Board is a true and accurate copy of an agenda
.
Response:
Admitted .
28.
Exhibit 9 in the Exhibit Volume for Depositions previously tendered to counsel for
the County Board is a copy of page C13613 of the Record filed in this appeal by the County
Board .
Response :
Admitted .
29.
Exhibit 9 in the Exhibit Volume for Depositions previously tendered to counsel for
the County Board was not placed in the files of the Peoria County Clerk for review by the public
during the siting process .
Response :
Denied
. Said document was in the files of the Peoria County Clerk and
was available for review and viewing by the public as part of the Peoria County Clerk's
regular County Board files
. However, Respondent admits that it was not held with the
application related files .
30.
Exhibit 10 in the Exhibit Volume for Depositions previously tendered to counsel
for the County Board are true and accurate copies of "Citizens Remarks" cards, dated May 3,
2006 .
Response :
Admitted .
31 .
Exhibit 10 in the Exhibit Volume for Depositions previously tendered to counsel
for the County Board are copies of pages C13614-24of the Record filed in this appeal by the
County Board .
Response :
Admitted .
32.
Exhibit 11 in the Exhibit Volume for Depositions previously tendered to counsel
for the County Board is a true and accurate copy of a document titled "Recommended Findings of
Fact," filed with the Peoria County Clerk on April 27, 2006
.
Response :
Admitted
.
33.
Exhibit 11 in the Exhibit Volume for Depositions previously tendered to counsel
for the County Board is a copy of pages C13627-40 of the Record filed in this appeal by the
County Board .
Response :
Admitted .
34.
Exhibit 12 in the Exhibit Volume for Depositions previously tendered to counsel
for the County Board are true and accurate copies of two Agenda Briefings dated April 26, 2006
.
Response :
Admitted .
35.
Exhibit 12 in the Exhibit Volume for Depositions previously tendered to counsel
for the County Board are copies of pages C13641 and C13642 of the Record filed in this appeal
by the County Board .
Response :
Admitted .
36.
Exhibit 12 in the Exhibit Volume for Depositions previously tendered to counsel
for the County Board was not placed in the files of the Peoria County Clerk for review by the
public during the siting process
.
Response
:
Denied . Said document was in the files of the Peoria County Clerk and
was available for review and viewing by the public as part of the Peoria County Clerk's
regular County Board files
. However, Respondent admits that it was not held with the
application related files .
37.
Exhibit 13 in the Exhibit Volume for Depositions previously tendered to counsel
for the County Board is a true and accurate copy of a document titled "Special Conditions" with
certain portions thereof highlighted .
Response :
Admitted .
38.
Exhibit 13 in the Exhibit Volume for Depositions previously tendered to counsel
for the County Board is a copy of pages C13643-47 of the Record filed in this appeal by the
County Board .
Response :
Admitted .
39.
Exhibit 13 in the Exhibit Volume for Depositions previously tendered to counsel
for the County Board was not placed in the files of the Peoria County Clerk for review by the
public during the siting process .
Response : Denied . Said document was in the files of the Peoria County Clerk and was
available for review and viewing by the public as part of the Peoria County Clerk's regular
County Board files
. However, Respondent admits that it was not held with the application
related files .
40.
Exhibit 13 in the Exhibit Volume for Depositions previously tendered to counsel
for the County Board was not tendered to the Peoria Disposal Company during the siting process
.
Response :
Admitted .
41 .
Exhibit 14 in the Exhibit Volume for Depositions previously tendered to counsel
for the County Board is a true and accurate copy of the Transcript of the May 3, 2006 Meeting of
the Peoria County Board, and four pages of charts with hand-written notes thereon
.
Response :
Admitted .
42.
Exhibit 14 in the Exhibit Volume for Depositions previously tendered to counsel
for the County Board is a copy of pages C13711-34 of the Record filed in this appeal by the
County Board .
Response :
Admitted .
43
.
The Transcript of the May 3, 2006 Meeting of the Peoria County Board, included
in Exhibit 14 in the Exhibit Volume for Depositions previously tendered to counsel for the County
Board, was not placed in the files of the Peoria County Clerk for review by the public during the
siting process .
Response :
Denied
. Said document was in the files of the Peoria County Clerk and
was available for review and viewing by the public as part of the Peoria County Clerk's
regular County Board files, However, Respondent admits that it was not held with the
application related files .
44.
The Transcript of the May 3, 2006 Meeting of the Peoria County Board, included
in Exhibit 14 in the Exhibit Volume for Depositions previously tendered to counsel for the County
Board, was not tendered to the Peoria Disposal Company during the siting process
.
Response :
Respondent admits that it did not tender the document specifically to
Peoria Disposal Company during the siting process . However, Respondent states the
document was available to the Peoria Disposal Company and all other members of the
public, both on the County's website as well as in the County Clerk's office.
45.
The Transcript of the May 3, 2006 Meeting of the Peoria County Board, included
in Exhibit 14 in the Exhibit Volume for Depositions previously tendered to counsel for the County
Board, was first made available to the public when it was posted on the County's website .
Response
:
Respondent is not able to determine whether the transcripts from the
May 3, 2006, Meeting of the Peoria County Board was first made available in the Clerk's
offce or on the County website
.
46 .
The Transcript of the May 3, 2006 Meeting of the Peoria County Board, included
in Exhibit 14 in the Exhibit Volume for Depositions previously tendered to counsel for the County
Board, was first made available to the Peoria Disposal Company when same was posted on the
County's website .
Response
: Respondent is not able to determine whether the transcripts from the May 3,
2006, Meeting of the Peoria County Board was first made available in the Clerk's office or
on the County website .
47.
The Transcript of the May 3, 2006 Meeting of the Peoria County Board, included
in Exhibit 14 in the Exhibit Volume for Depositions previously tendered to counsel for the County
Board, was first posted on the County's website on May 12, 2006
.
Response:
Admitted .
48.
The four pages of charts with hand-written notes thereon, included in Exhibit 14
in the Exhibit Volume for Depositions previously tendered to counsel for the County Board, were
not placed in the files of the Peoria County Clerk for review by the public during the siting
process .
Response :
Denied
. Said document was in the files of the Peoria County Clerk and
was available for review and viewing by the public as part of the Peoria County Clerk's
regular County Board files
. However, Respondent admits that it was not held with the
application related files .
49.
The four pages of charts with hand-written notes thereon, included in Exhibit 14
in the Exhibit Volume for Depositions previously tendered to counsel for the County Board, were
not tendered to the Peoria Disposal Company during the siting process .
Response :
Admitted .
50.
Exhibit 15 in the Exhibit Volume for Depositions previously tendered to counsel
for the County Board is a true and accurate copy of a Print-out from Clerk's website, dated
August 15, 2006 .
Response :
Denied
. The Print-out appears to be a true and accurate copy of a print-
out from the County's website dated August 15, 2006, and not the Clerk's website .
51 .
Exhibit 18 in the Exhibit Volume for Depositions previously tendered to counsel
for the County Board is a true and accurate copy of an email dated March 3, 2006, from Megan
Fulara to Karen Raithel .
Response :
Admitted .
52.
Exhibit 18 in the Exhibit Volume for Depositions previously tendered to counsel
for the County Board was produced by Megan Fulara during her discovery deposition in this
appeal
.
Response
:
Admitted .
53.
Exhibit 19 in the Exhibit Volume for Depositions previously tendered to counsel
for the County Board is a true and accurate copy of an email dated November 9, 2005, from
Karen Raithel to Megan Fulara .
Response :
Admitted .
54.
Exhibit 19 in the Exhibit Volume for Depositions previously tendered to counsel
for the County Board was produced by Megan Fulara during her discovery deposition in this
appeal .
Response :
Admitted .
55 .
Exhibit 20 in the Exhibit Volume for Depositions previously tendered to counsel
for the County Board is a true and accurate copy of a document titled "Timeline for Review of
Peoria Disposal Company's Application for Site Review
."
Response :
Admitted .
56 .
Exhibit 20 in the Exhibit Volume for Depositions previously tendered to counsel
for the County Board was produced by Megan Fulara during her discovery deposition in this
appeal .
Response :
Admitted .
57 .
Exhibit 21 in the Exhibit Volume for Depositions previously tendered to counsel
for the County Board is a true and accurate copy of a document titled "Subpart C
: Filing of Local
Record," with certain handwritten notes thereon
.
Response :
Admitted .
58 .
The handwritten notes on Exhibit 21 in the Exhibit Volume for Depositions
previously tendered to counsel for the County Board were made by Megan Fulara
.
Response:
Admitted .
59.
Exhibit 21 in the Exhibit Volume for Depositions previously tendered to counsel
for the County Board was produced by Megan Fulara during her discovery deposition in this
appeal .
Response :
Admitted .
60 .
Exhibit 22 in the Exhibit Volume for Depositions previously tendered to counsel
for the County Board is a true and accurate copy of an email dated June 23, 2006, from Lyn
Schmidt to Megan Fulara .
Response :
Admitted .
61 .
Exhibit 22 in the Exhibit Volume for Depositions previously tendered to counsel
for the County Board was produced by Megan Fulara during her discovery deposition in this
appeal
.
Response :
Admitted .
62.
Exhibit 23 in the Exhibit Volume for Depositions previously tendered to counsel
for the County Board is a true and accurate copy of a packet of copies produced in discovery by
Carol Trumpe .
Response :
Admitted .
63.
Exhibit 25 in the Exhibit Volume for Depositions previously tendered to counsel
for the County Board is a true and accurate copy of a packet of notes produced in discovery by
Phil Salzer .
Response :
Admitted .
64 .
Exhibit 26 in the Exhibit Volume for Depositions previously tendered to counsel
for the County Board is a true and accurate copy of an email dated April 5, 2006, from Ted
Converse to Brian Elsasser .
Response
:
Admitted .
65.
Exhibit 27 in the Exhibit Volume for Depositions previously tendered to counsel
for the County Board is a true and accurate copy of a newsletter promulgated by the Sierra Club,
produced by G
. Allen Mayer in discovery .
Response :
Denied. Exhibit 27 appears to be a list of emails produced by G
. Allen
Mayer in discovery, and not the Sierra Club newsletter .
66.
Exhibit 28 in the Exhibit Volume for Depositions previously tendered to counsel
for the County Board is a true and accurate copy of a list of emails dated June 23, 2006,
produced by G . Allen Mayer in discovery .
Response :
Denied
. Exhibit 28 appears to be a copy of a newsletter promulgaged by
the Sierra Club, and produced by G
. Allen Mayer in discovery, and not the list of e-mails .
67.
Exhibit 29 in the Exhibit Volume for Depositions previously tendered to counsel
for the County Board is a true and accurate copy of an email dated May 3, 2006, from Melva
Hunter to David Williams .
Response :
Admitted .
Admissions Regarding Documents Attached Hereto
68.
Exhibit A attached hereto consists of true and accurate copies of a cover letter
and a check delivered to the Peoria County Clerk on November 9, 2005 .
Response :
Admitted .
69.
Exhibit A was received by the Peoria County Clerk on November 9, 2005, with
the application for siting approval prepared by the Peoria Disposal Company.
Response :
Admitted .
70.
Exhibit A bears the signature of Megan Fulara .
Response :
Admitted
.
71 .
Megan Fulara was Deputy County Clerk on November 9, 2005 .
Response
:
Admitted
.
72 .
Megan Fulara signed Exhibit A on November 9, 2005,
Response :
Admitted .
73.
The application for siting approval prepared by the Peoria Disposal Company
was delivered to the Peoria County Clerk on November 9, 2005
.
Response :
Admitted .
74.
The application for siting approval prepared by the Peoria Disposal Company
was received by the Peoria County Clerk on November 9, 2005
.
Response :
Admitted .
75.
Exhibit B attached hereto is a true and accurate copy of a receipt created or
generated by the Peoria County Clerk on November 9, 2005
.
Response :
Admitted .
76.
Exhibit B was created or generated by Megan Fulara .
Response :
Admitted .
77.
Exhibit B records the receipt by the Peoria County Clerk of a check in the amount
of $50,000
.00 on November 9, 2005 .
Response :
Admitted .
78.
Exhibit C attached hereto is a true and accurate copy of the check received by
the Peoria County Clerk from Peoria Disposal Company on November 9, 2005
.
Response
:
Admitted .
79.
Exhibit B records the receipt by the Peoria County Clerk of the filing fee for the
application for siting approval prepared by the Peoria Disposal Company .
Response :
Admitted .
80.
The filing fee for the application for siting approval prepared by the Peoria
Disposal Company in the amount of $50,000 was delivered to the Peoria County Clerk on
November 9, 2005 .
Response
:
Admitted .
81
.
The filing fee for the application for siting approval prepared by the Peoria
Disposal Company in the amount of $50,000 was received by the Peoria County Clerk on
November 9, 2005.
Response:
Admitted .
VERIFICATION
Under the penalties as provided by law pursuant to Section 1-109 of the Code of
Civil Procedure, the undersigned certifies that the statements set forth in this instrument
are true and correct, except as to matters therein stated to be on information and belief or
that he has no knowledge sufficient to form a belief as to the truth of the allegations and
as to such matters the undersigned certifies as aforesaid that he verily believes the same
to be true .
Dated : 2006.
Respectfully submitted,
Peoria County Board,
Respondent
DAVID A
. BROWN,
Attorneys
Patrick Urich, Peoria County Administrator
Black, Black & Brown
Attorneys at Law
101 S. Main Street
P .O
. Box 381
Morton, IL 61550
Phone: (309) 266-9680
Fax : (309) 266-8301
ReC EIV
BEFORE THE ILLINOIS POLLUTION CONTROL BO9&c's
oFFIE
D
PEORIA DISPOSAL COMPANY
)
r ~"r
13 2006
Pollution
STg7-F OF
Control
ILLINOISBoard
(113 06-184
Ilution Control Facility Siting
Appeal)
Petitioner,
V .
PEORIA COUNTY BOARD,
Respondent.
Dated
: November
K'
, 2006.
AFFIDAVIT OF SERVICE
The undersigned, being duly sworn upon oath, states that a copy of the
attached Respondent Peoria County Board's Partial Response to First Set of
Requests to Admit of Petitioner, Peoria Disposal Company (Requests 1 through
81),
was served upon the following persons by enclosing such documents in
separate envelopes, addressed as follows, and depositing said envelopes in the
U.S
. Postal Service mail box at Morton, Illinois on the day
of November,
2006, before 5:00 p.m .,
with all fees thereon fully prepaid and addressed as
follows:
Carol Webb
George Mueller, P.C .
Hearing Officer
Attorney at Law
Illinois Pollution Control Board
628 Columbus Street, Suite 204
1021
North Grand Avenue East
Ottawa, IL 61350
P
.O
. Box 19274
Springfield, Illinois 62794-9274
Brian J . Meginnes
Elias, Meginnes, Riffle & Seghetti, P .C.
416 Main Street, Suite 1400
Peoria, IL 61602
David A. Brown
Subscribed and sworn to before me, a Notary Public, in the County and
State as aforesaid, this ?' day of AIOUT , 2006 .
OFFICIAL SEAL
HEATHER A
. FEENEY
NOTARY PUBLIC -STATE OF ILLINOIS
MY COMMISSION EXPIRES 562007
4ktww L1`r1M1 ?f4
Notary Public
