BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
PEOPLE OF THE STATE OF ILLINOIS,
LISA
MADIGAN, Attorney General of
the State of Illinois,
Complainant,
v.
THOMAS P. MATHEWS, an individual,
Respondent.
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No. 07-133
(Enforcement-Water)
NOTICE OF FILING
TO:
James A. Campion
Campion, Curran, Dunlop
&
Lamb P.C.
8600 U.S. Highway 12, Suite 201
Crystal Lake, Illionis 60012
PLEASE TAKE NOTICE that today I have filed with the Office of the Clerk of the
Illinois Pollution Control Board by electronic filing the following First Set of Interrogatories, a
copy
of which is attached and hereby served upon you.
Respectfully submitted,
PEOPLE OF THE STATE OF ILLINOIS,
LISA
MADIGAN,
Attorney General of the
State
of Illinois
DATE: January 15, 2008
BY:
Andrew
dt~~
Armstrong
Assistant Attorney General
Environmental
Bureau
69 W. Washington St., 18th Floor
Chicago, Illinois 60602
312-814-0660
Electronic Filing - Received, Clerk's Office, January 15, 2008
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
PEOPLE OF THE STATE OF ILLINOIS,
LISA MADIGAN, Attorney General
of
the State of Illinois,
Complainant,
v.
THOMAS P. MATHEWS, an individual,
Respondent.
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No. 07-133
(Enforcement-Water)
COMPLAINANT'S FIRST SET OF INTERROGATORIES
TO RESPONDENT THOMAS P. MATHEWS
Complainant, PEOPLE OF THE STATE OF ILLINOIS, by LISA MADIGAN, Attorney
General
of the State of Illinois, pursuant to pursuant to Sections 101.616 and 101.620 of the
Illinois Pollution Control Board'sProcedural Regulations,
35 Ill. Adm. Code 101.616 and
101.620, and Illinois Supreme Court Rule 213, requests that Respondent, THOMAS
P.
MATHEWS, answer in writing, under oath, within twenty-eight (28) days after the service of
this request, the following interrogatories:
I.
INSTRUCTIONS
1.
Respondent, Thomas P. Mathews ("Respondent") is required, in answering these
interrogatories to furnish all information available to Respondent or his employees, agents,
contractors, experts, or consultants, or which is ascertainable by reasonable inquiry, whether or
not the requested information might be available from another entity.
2.
If an interrogatory has subparts, Respondent is required to answer each part
separately and in full.
Electronic Filing - Received, Clerk's Office, January 15, 2008
3.
If Respondent cannot answer an interrogatory in full, he is required to answer all
parts
of the interrogatory to the extent possible and specify the reason for his inability to provide
additional information.
4.
As to each interrogatory, or portion thereof, Respondent shall identify in the
answer every oral communication, document, or writing which relates to the interrogatory
or
response, whether or not such identification is specifically requested by the interrogatory.
5.
In answering each interrogatory, Respondent shall identify each document,
person, communication, or meeting which relates to, corroborates, or in any way forms the basis
for the answer given.
6.
Pursuant to Supreme Court Rule 213(e), Respondent is requested to serve upon
Complainant, in corrected, supplemented,
or augmented answers hereto, documents or other
forms
of information from whatever source which arguably tend to show that Respondent'sprior
answers are, might be, were or might have been in a sense incorrect, incomplete, potentially
misleading, or less than fully responsive or truthful.
7.
If dates are requested, the exact date should be given if possible. However, if the
exact date cannot be determined due to absence
or inadequacy of records, the best estimate
should be given to the interrogatory and labeled as such.
8.
In construing these interrogatories:
a.
the singular shall include the plural and the plural shall include the
singular; and
b.
a masculine, feminine or neuter pronoun shall not exclude the other
genders.
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9.
If Respondent encounters any ambiguity in construing any interrogatory or any
definition or instruction pertaining to any interrogatory, he shall set forth the matter deemed
"ambiguous" and the construction chosen or used in responding to the interrogatory.
10.
Unless otherwise stated, all Interrogatories refer to the time period from January
I, 2005 to the present.
11.
If Respondent answers an interrogatory by producing documents as authorized by
Illinois Supreme Court Rule 213(e), Respondent shall make the requested documents available
for inspection and copying at the Office
of the Illinois Attorney General, Environmental Bureau,
69 West Washington Street, 18th Floor, Chicago, Illinois.
12.
This discovery is deemed continuing, necessitating supplemental answers from
Respondent, or anyone acting on its behalf, when or
if it obtains additional information which
supplements or alters the answers now provided.
II.
CLAIMS OF PRIVILEGE
1.
With respect to any interrogatory which Respondent refuses to answer on a claim
of privilege, Respondent shall provide a statement signed by an attorney representing
Respondent setting forth for each such assertion
of privilege:
a.
the name and job title of every person involved in the conversation or
communication;
b.
the nature of the information disclosed;
c.
all facts relied upon in support of the claim of privilege;
d.
all documents related to the claim of privilege;
e.
all events, transactions, or occurrences related to the claim of privilege;
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Electronic Filing - Received, Clerk's Office, January 15, 2008
f.
the statute, rule, or decision which is claimed to give rise to the privilege
or the reason for its unavailability.
2.
If the objection relates to only part of an interrogatory, the balance of the
interrogatory should be answered in full.
III.
DEFINITIONS
1.
"Communication" shall mean, without limitation, any and all forms of
transferring information, including discussions, conversations, meetings, conferences,
interviews, negotiations, agreements, understandings, inquiries, correspondence, documents, or
other transfers
of information whether written or oral or by any other means, and includes any
document which abstracts, digests, transcribes or records any communication.
2.
"Complainant" shall mean the Complainant listed in the Complaint, the State of
Illinois, and any of its agents, representatives, or persons who acted as Complainant's
representative.
3.
"Complaint" shall mean the Complaint filed on June 8, 2007 in People v.
Mathews (07-PCB-133).
4.
"Document" shall be construed in its customary broad sense in accordance with
Supreme Court Rules 213(e) and 214 and shall include, but is not limited to, 'the original and any
non-identical copy, whether different from the original because
of notes made on said copy or
otherwise, or any agreement bank record or statement; book
of account, including any ledges,
sub-ledger, journal, or sub-journal; brochure; calendar; chart; check; circular; communication
(intra- or inter-company or governmental entity oragency or agencies); contract; copy;
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Electronic Filing - Received, Clerk's Office, January 15, 2008
correspondence; diary; draft of any document; graph; index; instruction; instruction manual or
sheet; invoice
job requisition; letter; license; manifest; manual; memorandum; minutes;
newspaper or other clipping; note; note book; opinion; pamphlet, paper; periodical or other
publication; photograph; print; receipt; record; recording report; statement; study; summary
including any memorandum, minutes, note record, or summary
of any (a) telephone, videophone
or intercom conversation or message, (b) personal conversation or interview, or (c) meeting or
conference; telegram; telephone log; travel or expense record; voucher; worksheet or working
paper; writing; any other handwritten, printed, reproduced, recorded, typewritten, or otherwise
produced graphic material from which the information inquired
of may be obtained, or any other
documentary material
of any nature, in the possession, custody or control of Respondent.
5.
"Identification" or "identity" shall mean:
a.
As to an individual, stating his or her:
1.
full and customarily used names;
11.
present business, residence addresses, and applicable phone
numbers;
111.
business or profession during the relevant time period;
IV.
every office, title or position held during the relevant time period;
and
v.
every employer during the relevant time period.
b.
As to any person other than an individual, stating:
1.
its legal name and any other name used by it;
11.
the form or manner of its organization (e.g.
partnership, corporation, etc.); and
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Electronic Filing - Received, Clerk's Office, January 15, 2008
111.
the state of its incorporation (if it is incorporated) and the address
of its principal place of business.
c.
As to a document, stating:
1.
the date of its creation, execution, and
receipt;
H.
its author or signatory;
HI.
its addresses and any other recipient;
IV.
its type or nature (e.g., letter, memorandum,
etc.);
v.
the identity of the custodian;
vi.
the identity
of the document; and
VH.
the present location of the document.
d.
As to any communication, event, incident, conversation, transaction or
occurrence, stating:
1.
the date;
ii.
the place where it took place and the manner
of its occurrence;
HI.
identification of all the participants;
IV.
its purpose and subject matter; and
v..:
a description of what transpired.
6.
"Illinois EPA" shall mean the Illinois Environmental Protection Agency.
7.
"Knowledge" shall mean first hand information and/or information derived from
any other source, including hearsay.
8.
"MCSWCD" shall mean the McHenry County Soil and Water Conservation
District.
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Electronic Filing - Received, Clerk's Office, January 15, 2008
9.
The tenns "or" and "and" in these Interrogatories shall be construed either
disjunctively or conjunctively so as to elicit any facts or infonnation which might otherwise be
construed as outside its scope.
10.
"Person" shall include, but is not limited to, any natural person; business or
corporation, whether for profit or not; finn, partnership, or other non-corporate business
organization; charitable, religious, education, governmental, or other non-profit institution,
foundation, body,
or other organization; or employee, agent, or representative of any of the
foregoing.
11.
"Present" shall mean as of the filing date of these Interrogatories.
12.
"Related to" or "relating to" shall mean anything which, directly or indirectly,
concerns, consists of, pertains to, reflects, evidences, describes, sets forth, constitutes, contains,
shows, underlies, supports, refers to in any way, is or was used in the preparation of, is appended
to, is legally, logically, or factually connected with, proves, disproves, or tends to prove or
disprove.
13.
"Respondent" shall mean Thomas P. Mathews and any of Respondent's
employees, agents, representatives, successors, or assigns, or any other person acting or believed
by Respondent to have acted on his behalf.
14.
"The Site" shall encompass all contiguous parcels
of property owned by
Respondent at the intersection
of Westmoor Drive and East Oakwood Drive in Wonder Lake,
McHenry County, Illinois, including, but not necessarily limited to, parcels owned by
Respondent with the Pennanent Property Index numbers ("PIN numbers")
of 09-18-452-007,
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Electronic Filing - Received, Clerk's Office, January 15, 2008
-008, -009, -010, -011,
~012,
-013, -014, -015, -016, -017, -018, -019 and 09-18-456-001, -002,
-003, -004.
INTERROGATORIES
INTERROGATORY
NO.1
Please identify for each interrogatory:
a.
The individual(s) answering these interrogatories on behalf of Respondent,
including his or her relationship to Respondent, and how long he or she has been
associated with Respondent.
b.
Each persof.l who provided information or who otherwise consulted, participated,
or assisted in connection with providing answers to these interrogatories, the
nature
of any such consultation or assistance, whether the information was based
on personal knowledge, and,
if not on the basis of personal knowledge, on what
basis it was provided.
ANSWER:
INTERROGATORY NO.2
Describe in detail each contiguous parcel of property owned by Respondent at the
intersection
of Westmoor Drive and East Oakwood Drive in Wonder Lake, McHenry
County, Illinois, including the address, legal description, and PIN number for each parcel.
ANSWER:
INTERROGATORY NO.3
a.
Describe every watercourse-including, but not limited to, any ditches-through
which water flows either permanently or intermittently, and that lies either on or
within twenty (20) yards distance from the Site, including for each watercourse its
location and directional flow.
b.
Describe every incident during which Respondent deposited, or allowed to be
deposited, soil and/or stone on the Site, including for each incident the distance
of
the deposited soil and/or stone from any watercourse referred to in subsection (a),
supra,
the identity of each person who deposited soil and/or stone, the date on
which such deposit occurred, and the amount of soil and/or stone deposited.
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Electronic Filing - Received, Clerk's Office, January 15, 2008
c.
Identify each date during which a pile of soil and/or stone was present on the Site,
including for each date the distance of each pile of soil and/or stone from any
watercourse referred to in subsection (a),
supra,
and the location and approximate
height
of each such pile of soil and/or stone.
ANSWER:
INTERROGATORY
NO.4
Describe each incident during which any piles of soil and/or stone on the Site were
graded, including for each incident whether such grading involved any amount of soil
and/or stone that either began or ended the incident within twenty (20) yards
of any ofthe
watercourses referred to in Interrogatory #3(a),
supra,
the identity of each person who
performed the grading, the date on which the grading was performed, the method used to
grade the piles, the location on the Site
of the piles that were graded, the end location of
soil and/or stone graded from the piles, and the reason that Respondent graded, or caused
the grading of, the piles.
ANSWER:
INTERROGATORY
NO.5
Describe in detail each incident during which Respondent installed any physical measure
intended to prevent soil, stone, and/or silt-laden stormwater from falling into any
watercourse referred to Interrogatory #3(a), including but not limited to silt fencing and
vegetation, including for each incident the identity
of each person who installed the
physical measure, the date(s) on which the measure was installed, the location
of the
measure, and the reason that Respondent installed, or caused the installation of, the
measure.
ANSWER:
INTERROGATORY
NO.6
Identify any communication between Respondent and any third party, including, but not
limited to, the Illinois EPA, the United States Army Corps
of Engineers, the MCSWCD,
the McHenry County Planning and Development Department, and the Village of Lake
Wonder, relating to the entry, or potential entry,
of any soil, stone, and/or silt-laden
stormwater from the Site into any watercourse referred to in Interrogatory #3(a),
supra.
ANSWER:
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Electronic Filing - Received, Clerk's Office, January 15, 2008
INTERROGATORY NO.7
Identify any communication relating to any concerns expressed and/or complaints made
by any person concerning the entry, or potential entry,
of any soil, stone, and/or silt-laden
stormwater from the Site into any watercourse.
ANSWER:
INTERROGATORY
NO.8
Describe the condition of the areas of the Site within twenty (20) yards of any
watercourse referred to in Interrogatory #3(a) on April 22, 2005, including in the
description the number and location
of any piles of soil and/or stone and the most recent
date on which the areas
of the Site within twenty (20) yards of any watercourse referred
to in Interrogatory #3(a) had been graded.
ANSWER:
INTERROGATORY
NO.9
Describe the condition of the areas of the Site within twenty (20) yards of any
watercourse referred to in Interrogatory #3(a) on April 27, 2005, including in the
description the number and location
of any piles of soil and/or stone and the most recent
date on which the areas of the Site within twenty (20) yards of any watercourse referred
to in Interrogatory #3(a) had been graded.
ANSWER:
INTERROGATORY NO. 10
Describe the condition of the areas of the Site within twenty (20) yards of any
watercourse referred to in Interrogatory #3(a) on May 5, 2005, including in the
description the number and location
of any piles of soil and/or stone and the most recent
date on which the areas of the Site within twenty (20) yards of any watercourse referred
to in Interrogatory #3(a) had been graded.
ANSWER:
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Electronic Filing - Received, Clerk's Office, January 15, 2008
INTERROGATORY NO. 11
Describe the condition of the areas of the Site within twenty yards (20) of any
watercourse referred to in Interrogatory #3(a) on July 28, 2005, including in the
description the number and location of any piles of soil and/or stone and the most recent
date on which the areas
of the Site within twenty yards (20) of any watercourse referred
to in Interrogatory #3(a) had been graded.
ANSWER:
INTERROGATORY NO.
12
Describe the condition of the areas of the Site within twenty (20) yards of any
watercourse referred to in Interrogatory #3(a) on August 5, 2005, including in the
description the number and location
of any piles of soil and/or stone and the most recent
date on which the areas
of the Site within twenty (20) yards of any watercourse referred
to in Interrogatory #3(a) had been graded.
ANSWER:
INTERROGATORY NO.
13
Describe the condition of the areas of the Site within twenty (20) yards of any
watercourse referred to in Interrogatory #3(a) on August 30, 2006, including in the
description the number and location of any piles of soil and/or stone and the most recent
date on which the areas
of the Site within twenty (20) yards of any watercourse referred
to in Interrogatory #3(a) had been graded.
ANSWER:
INTERROGATORY NO. 14
Describe the condition
of the areas of the Site within twenty (20) yards of any
watercourse referred to in Interrogatory #3(a) on May 11,2007, including in the
description the number and location
of any piles of soil and/or stone and the most recent
date on which the areas
of the Site within twenty (20) yards of any watercourse referred
to in Interrogatory #3(a) had been graded.
ANSWER:
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Electronic Filing - Received, Clerk's Office, January 15, 2008
INTERROGATORY NO. 15
If Respondent believes that no soil, stone, and/or silt-laden storm water from the Site ever
fell into any watercourse referred to in Interrogatory #3(a), describe in detail the factual
basis for Respondent'sbelief.
ANSWER:
INTERROGATORY NO. 16
a.
Identify each person having knowledge of any of the facts alleged in the
Complaint. Include any and all persons that Respondent intends to call as
witnesses at a trial, and, for each witness, describe the witness's relationship,
if
any, to Respondent, and the subjects on which the witness will testify.
b.
Identify any and all persons that Respondent intends to call as expert witnesses at
the trial, and, for each expert witness, identify the subjects on which the witness
will testify and the opinions Respondent expects to elicit.
ANSWER:
Respectfully submitted,
PEOPLE OF THE STATE OF ILLINOIS,
LISA MADIGAN,
Attorney General
of the
State of Illinois
MATTHEW
J. DUNN, Chief
Environmental Enforcement!
Asbestos Litigation Division
ROSEMARIE CAZEAU, Chief
Environmental Bureau
Assistant Attorney General
By:
~~~
ANDREW ARMSTRONG
Assistant Attorney General
Environmental Bureau
69 West Washington Street, 18th Floor
Chicago, Illinois 60602
(312) 814-0660
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Electronic Filing - Received, Clerk's Office, January 15, 2008
CERTIFICATE OF SERVICE
I, ANDREW ARMSTRONG, an Assistant Attorney General, do certify that I caused to
be served this 15th day
of January, 2008, the foregoing Notice of Filing and First Set of
Interrogatories upon the persons listed on said Notice of Filing by placing true and correct copies
of each in an envelope, first class postage prepaid, and depositing same with the United States
Postal Service at 69 West Washington Street, Chicago, Illinois, at or before the hour
of 5:00 p.m.
Electronic Filing - Received, Clerk's Office, January 15, 2008
