BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
CERK'EpVI3Q
PEORIA DISPOSAL COMPANY,
)
Nov
1 3 2006
Petitioner,
STATE OF ILLINOIS
)
06-184
RD az~
Pollution Control Board
V.
(P ution Control Facility Siting
Appeal)
PEORIA COUNTY BOARD,
Respondent .
)
RESPONDENT PEORIA COUNTY BOARD'S RESPONSE TO SECOND SET OF
REQUESTS TO ADMIT OF PETITIONER, PEORIA DISPOSAL COMPANY
NOW COMES Respondent, Peoria County Board, by and through its attorneys
David A . Brown, and hereby responds to Petitioner's Second Set of Requests to Admit
as follows:
1977 . The document attached hereto as Exhibit D, titled "Final Findings of Fact,"
is a true and accurate copy of Deposition Exhibit #35, identified by Karen Raithel under
oath, on September 28, 2006 .
Response: Admitted.
1978
. The document titled "Final Findings of Fact" (Exhibit D hereto) was not
filed in the Peoria County Clerk's office prior to May 8, 2006 .
Response:
Admitted .
1979 . The document titled "Final Findings of Fact" (Exhibit D hereto) was not
filed in the Peoria County Clerk's office prior to May 13, 2006 .
Response:
Admitted
.
1
1980
. The document titled "Final Findings of Fact" (Exhibit D hereto) was not
filed in the Peoria County Clerk's office prior to June 7, 2006 .
Response :
Admitted.
1981 . The document titled "Final Findings of Fact" (Exhibit D hereto) was not
filed in the Peoria County Clerk's office prior to Peoria Disposal Company's appeal to
the Pollution Control Board
.
Response : Admitted.
1982
. The document titled "Final Findings of Fact" (Exhibit D hereto) was not
filed by the County Board as part of the Record before the Pollution Control Board in
this case.
Response : Admitted.
1983. The document titled "Final Findings of Fact" (Exhibit D hereto) was not
tendered or sent to Peoria Disposal Company prior to document production
in this
appeal, on August 30, 2006 .
Response :
Admitted.
1984. The document titled "Final Findings of Fact" (Exhibit D hereto) was not
received by Peoria Disposal Company prior to document production in this appeal, on
August 30, 2006
.
Response :
Respondent lacks sufficient knowledge and/or information to admit
or deny the truth of the statement set forth in paragraph #1984 . However,
Respondent has no information which would suggest the document was received
by Peoria Disposal Company before that date .
1985
. The document titled "Final Findings of Fact" (Exhibit D hereto) was not
posted on the Peoria County website
.
Response
: Admitted .
2
1986 . The document titled "Final Findings of Fact" (Exhibit D hereto) was never
made public by the County Board .
Response
: Admitted .
1987
. The "purple color coded findings" referenced at the April 6, 2006, meeting
of the Peoria County Board (see Transcript, pg . 5, lines 2-6) were not filed in the Peoria
County Clerk's office prior to May 8, 2006
.
Response: Denied . The document was part of the County Clerk's County
Board files .
However, Respondent admits it was not included in the landfill
application related files.
1988
. The "purple color coded findings" referenced at the April 6, 2006, meeting
of the Peoria County Board (see Transcript, pg . 5, lines 2-6) were not filed in the Peoria
County Clerk's office prior to May 13, 2006 .
Response
: Denied . The document was part of the County Clerk's County
Board files
. However, Respondent admits it was not included in the landfill
application related files.
1989 . The "purple color coded findings" referenced at the April 6, 2006, meeting
of the Peoria County Board (see Transcript, pg
. 5, lines 2-6) were not filed in the Peoria
County Clerk's office prior to June 7, 2006 .
Response : Denied . The document was part of the County Clerk's County
Board files .
However, Respondent admits it was not included in the landfill
application related files .
1990 . The "purple color coded findings" referenced at the April 6, 2006, meeting
of the Peoria County Board (see Transcript, pg . 5, lines 2-6) were not filed in the Peoria
County Clerk's office prior to Peoria Disposal Company's appeal to the Pollution Control
Board
.
3
Response : Denied . The document was part of the County Clerk's County
Board files . However, Respondent admits it was not included in the landfill
application related files .
1991 . The "purple color coded findings" referenced at the April 6, 2006, meeting
of the Peoria County Board (see Transcript, pg
. 5, lines 2-6) were not filed by the
County Board as part of the Record before the Pollution Control Board in this case .
Response : Admitted . However, Respondent further states that it has, or will
shortly, file a motion with the Pollution Control Board to supplement to Record so
as to include the proposed findings of fact utilized and referenced by the County
Board during the April 6, 2006, meeting .
1992
. The "purple color coded findings" referenced at the April 6, 2006, meeting
of the Peoria County Board (see Transcript, pg . 5, lines 2-6) were not tendered or sent
to Peoria Disposal Company prior to document production in this appeal, on August 30,
2006 .
Response: Denied . To the best of Respondent's knowledge, copies of the
proposed findings of fact were provided to the parties and the public at the April
6, 2006, meeting . However, copies provided to the public at the hearing were not
color coded.
1993 . The "purple color coded findings" referenced at the April 6, 2006, meeting
of the Peoria County Board (see Transcript, pg. 5, lines 2-6) were not received by
Peoria Disposal Company prior to document production in this appeal, on August 30,
2006.
Response: Denied . To the best of Respondent's knowledge, copies of the
proposed findings of fact were provided to the parties at the April
6, 2006,
meeting
. However, copies provided to the public at the hearing were not color
coded.
4
1994. The "purple color coded findings" referenced at the April 6, 2006, meeting
of the Peoria County Board (see Transcript, pg . 5, lines 2-6) were not posted on the
Peoria County website .
Response :
Admitted.
1995. The "purple color coded findings" referenced at the April 6, 2006, meeting
of the Peoria County Board (see Transcript, pg . 5, lines 2-6) were never made public by
the County Board .
Response : Denied . To the best of Respondent's knowledge, copies of the
proposed findings of fact were provided to the parties and otherwise made public
at the April 6, 2006, meeting .
However, copies provided to the public at the
hearing were not color coded .
1996 . The "pink color coded findings" referenced at the April 6, 2006, meeting of
the Peoria County Board (see Transcript, pg . 5, lines 7-11) were not filed in the Peoria
County Clerk's office prior to May 8, 2006
.
Response: Denied . The document was part of the County Clerk's County
Board files . However, Respondent admits it was not included in the landfill
application related files.
1997. The "pink color coded findings" referenced at the April 6, 2006, meeting of
the Peoria County Board (see Transcript, pg . 5, lines 7-11) were not filed in the Peoria
County Clerk's office prior to May 13, 2006.
Response
: Denied
. The document was part of the County Clerk's County
Board files . However, Respondent admits it was not included in the landfill
application related files .
1998. The "pink color coded findings" referenced at the April 6, 2006, meeting of
the Peoria County Board (see Transcript, pg
. 5, lines 7-11) were not filed in the Peoria
County Clerk's office prior to June 7, 2006 .
5
Response : Denied . The document was part of the County Clerk's County
Board files . However, Respondent admits it was not included in the landfill
application related files .
1999 . The "pink color coded findings" referenced at the April 6, 2006, meeting of
the Peoria County Board (see Transcript, pg . 5, lines 7-11) were not filed in the Peoria
County Clerk's office prior to Peoria Disposal Company's appeal to the Pollution Control
Board .
Response
: Denied
. The document was part of the County Clerk's County
Board files . However, Respondent admits it was not included in the landfill
application related files.
2000. The "pink color coded findings" referenced at the April 6, 2006, meeting of
the Peoria County Board (see Transcript, pg . 5, lines 7-11) were not filed by the County
Board as part of the Record before the Pollution Control Board in this case
.
Response:
Admitted
. However, Respondent further states that it has, or will
shortly, file a motion with the Pollution Control Board to supplement to Record so
as to include the proposed findings of fact utilized and referenced by the County
Board during the April 6, 2006, meeting .
2001 . The "pink color coded findings" referenced at the April 6, 2006, meeting of
the Peoria County Board (see Transcript, pg . 5, lines 7-11) were not tendered or sent to
Peoria Disposal Company prior to document production in this appeal, on August 30,
2006.
Response : Denied
. To the best of Respondent's knowledge, copies of the
proposed findings of fact were provided to the parties at the April
6, 2006,
meeting . However, copies provided to the public at the hearing were not color
coded.
6
2002 . The "pink color coded findings" referenced at the April 6, 2006, meeting of
the Peoria County Board (see Transcript, pg . 5, lines 7-11) were not received by Peoria
Disposal Company prior to document production in this appeal, on August 30, 2006
.
Response : Denied .
To the best of Respondent's knowledge, copies of the
proposed findings of fact were provided to the parties at the April
6, 2006,
meeting . However, copies provided to the public at the hearing were not color
coded .
2003. The "pink color coded findings" referenced at the April 6, 2006, meeting of
the Peoria County Board (see Transcript, pg . 5, lines 7-11) were not posted on the
Peoria County website .
Response : Admitted .
2004 . The "pink color coded findings" referenced at the April 6, 2006, meeting of
the Peoria County Board (see Transcript, pg . 5, lines 7-11) were never made public by
the County Board .
Response: Denied. To the best of Respondent's knowledge, copies of the
proposed findings of fact were provided to the parties and otherwise made public
at the April 6, 2006, meeting . However, copies provided to the public at the
hearing were not color coded .
2005. The "yellow color coded findings" referenced at the April 6, 2006, meeting
of the Peoria County Board (see Transcript, pg . 5, lines 12-16) were not filed in the
Peoria County Clerk's office prior to May 8, 2006 .
Response : Denied . The document was part of the County Clerk's County
Board files .
However, Respondent admits it was not included in the landfill
application related files .
2006 . The "yellow color coded findings" referenced at the April 6, 2006, meeting
of the Peoria County Board (see Transcript, pg . 5, lines 12-16) were not filed
in the
Peoria County Clerk's office prior to May 13, 2006
.
7
Response : Denied
. The document was part of the County Clerk's County
Board files . However, Respondent admits it was not included in the landfill
application related files.
2007. The "yellow color coded findings" referenced at the April 6, 2006, meeting
of the Peoria County Board (see Transcript, pg
. 5, lines 12-16) were not filed in the
Peoria County Clerk's office prior to June 7, 2006 .
Response: Denied
. The document was part of the County Clerk's County
Board files . However, Respondent admits it was not included in the landfill
application related files.
2008
. The "yellow color coded findings" referenced at the April 6, 2006, meeting
of the Peoria County Board (see Transcript, pg . 5, lines 12-16) were not filed
in the
Peoria County Clerk's office prior to Peoria Disposal Company's appeal to the Pollution
Control Board .
Response : Denied . The document was part of the County Clerk's County
Board files . However, Respondent admits it was not included in the landfill
application related files .
2009. The "yellow color coded findings" referenced at the April 6, 2006, meeting
of the Peoria County Board (see Transcript, pg . 5, lines 12-16) were not filed
by the
County Board as part of the Record before the Pollution Control Board in this case
.
Response: Admitted . However, Respondent further states that it has, or will
shortly, file a motion with the Pollution Control Board to supplement to Record so
as to include the proposed findings of fact utilized and referenced by the County
Board during the April 6, 2006, meeting .
2010
. The "yellow color coded findings" referenced at the April 6, 2006, meeting
of the Peoria County Board (see Transcript, pg
. 5, lines 12-16) were not tendered or
sent to Peoria Disposal Company prior to document production in this appeal, on
August 30, 2006 .
8
Response :
Denied. To the best of Respondent's knowledge, copies of the
proposed findings of fact were provided to the parties and otherwise made public
at the April 6, 2006, meeting .
However, copies provided to the public at the
hearing were not color coded
.
2011
. The "yellow color coded findings" referenced at the April 6, 2006, meeting
of the Peoria County Board (see Transcript, pg . 5, lines 12-16) were not received by
Peoria Disposal Company prior to document production in this appeal, on August 30,
2006.
Response
: Denied
. To the best of Respondent's knowledge, copies of the
proposed findings of fact were provided to the parties and otherwise made public
at the April 6, 2006, meeting .
However, copies provided to the public at the
hearing were not color coded .
2012 . The "yellow color coded findings" referenced at the April 6, 2006, meeting
of the Peoria County Board (see Transcript, pg
. 5, lines 12-16) were not posted on the
Peoria County website.
Response
: Admitted.
2013
. The "yellow color coded findings" referenced at the April 6, 2006, meeting
of the Peoria County Board (see Transcript, pg
. 5, lines 12-16) were never made public
by the County Board .
Response: Denied
. To the best of Respondent's knowledge, copies of the
proposed findings of fact were provided to the parties and otherwise made public
at the April 6, 2006, meeting . However, copies provided to the public at the
hearing were not color coded .
9
Respectfully submitted,
Peor
u
oard, Re
DA ID A. BROWN, one of its
Attorneys
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 .
10
Dated: /Lnrw r
7
, 2006.
Black, Black & Brown
Attorneys at Law
101 S . Main Street
P.O. Box 381
Morton, IL 61550
Phone: (309) 266-9680
Patrick Urich, Peoria County Administrator
Fax: (309) 266-8301
PEORIA DISPOSAL
BEFORE
COMPANYTHE
ILLINOIS POLLUTION CONTROL BO$R
CLERKS
D
E
OFFICE
,
V
E D
[EC~
- _ _
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~~~fffD""~V
NOV
1 11
2006
Petitioner,
PCB 06-184
STATE OF ILLINOIS
v
.
Pollution Control Board
)
(Pollution Control Facility Siting
Appeal)
PEORIA COUNTY BOARD,
)
Respondent
.
)
AFFIDAVIT OF SERVICE
The undersigned, being duly sworn upon oath, states that a copy of the
attached Respondent Peoria County Board's Response to Second Set of
Requests to Admit of Petitioner, Peoria Disposal Company, 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 Ph 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
Dated : November
S
, 2006.
David A. Brown
Subscribed and sworn to before me, a Notary Public, in the County and
State as aforesaid, this
day of
Wemher ,
2006.
HEATHER
oFIFIa^tA
.
s
FEENEY
NOTARY PUBLIC- STATE OF ILLINOIS
Notary Public
MY COMMISSION EXPIRES
562067
