And THE WILLIAMSON COUNTY BOARD,
PEOPLE OF WILLIAMSON COUNTY ex rel
STATE'S ATTORNEY CHARLES GARNATI,
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
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JUN 3 0 2008
•
Petitioners,
V.
?
Case No. PCB 2008-93
Permit Appeal-Land
KIBLER DEVELOPMENT CORPORATION,
MARION RIDGE LANDFILL, INC., and
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY,
Respondents.
NOTICE OF FILING AND PROOF OF SERVICE
The undersigned certifies that an original and three copies of the foregoing Interogatories
and Requests to Produce directed to Petitioners and of this Notice of Filing and Proof of Service,
were served upon the Clerk of the Illinois Pollution Control Board, and one copy to each of the
following parties of record and hearing officer in this cause by enclosing same in an envelope
addressed to:
John Therriault, Acting Clerk
Illinois Pollution Control Board
James R. Thompson Center
100 W. Randolph St., Suite 11-500
Chicago, IL 60601
Melanie Jarvis
Division of Legal Counsel
Illinois Environmental Protection Agency
1021 N. Grand Ave. East
P.O. Box 19276
Springfield, IL 62794-9276
Jennifer Sackett Pohlenz
Querrey & Harrow
75 West Jackson Boulevard
Suite 1600
Chicago, IL 60604-2827
Michael J. Ruffley
Assistant State's Attorney
200 Jefferson
Williamson County Courthouse
Marion, IL 62959
Carol Webb, Hearing Officer
Illinois Environmental Protection Agency
1021 North Grand Avenue East
P.O. Box 19276
Springfield, IL 62794-9276
with postage fully prepaid, and by depositing said envelopes in a U.S. Post Office Mail Box in
Springfield, Illinois before 5:30 p.m. on the
26th
day of June I
9 8.
Copies were also served via
fax and email before 8:30 p.m. on June 25, 2008.
Hedinger Law Office
2601 South Fifth Street
Springfield, IL 62703
Telephone: (217) 523-2753
Fax: (217) 523-4366
eThe
–oF
Ap.
edi • e
This document prepared on recycled paper
5
RECEIVED
CLERK'S OFF/CE
JUN 3 0 2008
STATE OF ILLINOIS
Pollution Control
Board
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
PEOPLE OF WILLIAMSON COUNTY ex rel
)
STATE'S ATTORNEY CHARLES GARNATI,
)
And THE WILLIAMSON COUNTY BOARD,
)
Petitioners,
v.
?
Case No. PCB 2008-93
Permit Appeal-Land
KIBLER DEVELOPMENT CORPORATION,
)
MARION RIDGE LANDFILL, INC., and
)
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY)
Respondents.
RESPONDENTS' FIRST SET OF INTERROGATORIES
NOW COME Respondents, KIBLER DEVELOPMENT CORPORATION and
MARION RIDGE LANDFILL, INC., through their undersigned attorney, and hereby
request that Petitioner PEOPLE OF WILLIAMSON COUNTY ex rel STATE'S
ATTORNEY CHARLES GARNATI answer the following Interrogatories separately and
fully, in writing under oath or certification within fourteen (14) days of the receipt hereof,
in accordance with the hearing officer order in this case, at Hedinger Law Office, 2601
South Fifth Street, Springfield, Illinois 62703
DEFINITIONS AND INSTRUCTIONS
1.
In construing and responding to these Interrogatories, the following words
and phrases, unless otherwise indicated, shall have the following meanings:
a.
"Person" means any individual, firm, association, corporations,
company, partnership, joint venture, business organization, or any other entity,
including, without limitation, any party to this action
b.
"Document" shall have the meaning given to it in Illinois Supreme
Court Rule 201(b)(1).
c.
"Petitioner" shall mean the Petitioner named herein to whom
these interrogatories are directed, along with its employees, officers. divisions,
departments, agencies, affiliates, attorneys, and any other person(s) acting or
purporting to act on its behalf. "Petitioner" also means "you."
d.
"Illinois EPA" shall mean the Illinois Environmental Protection
Agency.
e.
"Williamson County Board" means the other Petitioner herein,
along with its employees, officers. divisions, departments, agencies, affiliates,
attorneys, and any other person(s) acting or purporting to act on its behalf.
f
"Kibler Development", and "Marion Ridge Landfill" shall mean
respectively Kibler Development Corporation and Marion Ridge
Landfill, Inc., Respondents herein, along with its predecessors,
affiliates, divisions, parents, subsidiaries, successors, associates,
directors, officers, agents, employees, servants, attorneys, and any
other person(s) acting or purporting to act on its behalf.
g.
"The landfill", "the subject landfill", "landfill", "site", or "facility"
means the sanitary landfill or solid waste disposal site that is the subject of this
proceeding, located in Williamson County, Illinois.
h.
"Refer, " "refers to," "referring to," "relates," "relates to,"
"relating to," "concerns," "concerning," "associated," and "associated with" shall
be interpreted to encompass that which is legally, logically, factually, or in any
way connected to, in whole or in part, the subject matter identified so as to be
2
included within the scope of discovery set forth in Supreme Court Rule 201.
i.
"And" as well as "or" shall be construed either disjunctively or
conjunctively as necessary to bring within the scope of a request any document which
might otherwise be construed as outside its scope.
J
.
The singular form of any and all words shall include the plural,
and the plural shall include the singular.
k. "Communication" means any transfer or exchange of information
or ideas which is made orally, electronically, by document, or otherwise, and
which occurs in a face-toface meeting, by telephone, by mail, by personal
delivery, or by any other means.
1. "Statement," when used in connection with a witness, shall include
any and all oral or written communications of any kind or nature, whether formal
or in formal, and whether made in the context of a formal or informal interview,
telephone conversation, computer e-mail, or any other format, including but not
limited to any discussions, interviews, responses to questions, volunteered
information or unsolicited reports.
m. "Possession, custody, or control" shall mean joint or several
possession, custody, or control not only by the person to whom this request for
production is addressed, but also joint or several possession, custody, or control by each
or any other person acting or purporting to act on that person's behalf, whether as
employee, contractor, attorney, accountant, agent, sponsor, spokesman, or otherwise.
2.
Please produce the answers to these interrogatories, along with the
requested documents, at the offices of Hedinger Law Office, 2601 South Fifth Street,
3
Springfield, Illinois, 62703, on or before the day required.
3. For any responsive document that previously was in your possession,
custody, or control but is no longer in your possession or custody or subject to your
control, or which was known to you but is no longer in existence, please state what
disposition was made of such document or what became of it.
4.
For any responsive document that is withheld from production based on a
claim of privilege, please provide the following information in a privilege log.
a.
the name of the author(s) of the document and the employer of
such author(s);
b.
the name of each recipient of the document, including all persons
to whom a copy was sent and persons with knowledge of the contents of the
document, and each recipient's employer;
c.
the name of each person who participated in the preparation of the
document;
d.
the date on which the document was first created and the date the
document bears, if different; and
e.
the specific basis for the privilege claimed with respect to the
document.
5.
These interrogatories are continuing; supplemental answers must be
served between the date these interrogatories are answered and the time of the hearing in
this matter.
6.
Please produce all original responsive documents, as well as
nonconforming copies and any copies with markings or other matter not appearing on the
4
face of the original, including blind copies for persons other than the recipient shown on
the document.
INTERROGATORIES
INTERROGATORY NO. 1:
Please identify all persons who assisted with the
preparation of your responses to these Interrogatories, whom you or your attorney(s) or
other agents consulted in the preparation of your responses to these interrogatories,
and/or who otherwise provided any information used in the preparation of your responses
to these Interrogatories, indicate the Interrogatories with which each such person assisted
or was consulted or provided information, and please identify all documents consulted in
the preparation of your answers to these interrogatories and indicate the interrogatory for
which each such document was consulted in preparation of an answer.
ANSWER:
INTERROGATORY NO. 2:
Identify all facts you relied upon in each paragraph
for the Petition For Review you filed in this case, including all factual matter,
consultation, opinions and all other information pertinent to the allegations made, and
identify all documents constituting or relating to such information.
ANSWER
INTERROGATORY NO. 3:
Please provide the names and addresses of each
individual with knowledge of any fact identified in your answer to Interrogatory No. 2
above.
ANSWER
5
INTERROGATORY NO. 4: Pursuant to Illinois Supreme Court Rule
213(f)(1), please provide the name and address of each witness who will testify at
hearing in this matter and state the subject of each witness's testimony.
ANSWER:
INTERROGATORY NO. 5: Pursuant to Illinois Supreme Court Rule 213(f)(2)
and (3) , please provide the name and address of each independent and controlled expert
witness who will offer any testimony and state all information required by Supreme
Court Rule 213(f)(2) and (3), including:
(a)
The subject matter on which the opinion witness is expected to testify;
(b)
The conclusions and/or opinions of the opinion witness and the basis
therefor, including reports of the witness, if any;
(c)
The qualifications of each opinion witness, including a curriculum vitae
and/or resume', if any;
(d)
The identity of all documents and other things that provide the basis for
the person's opinions, or on which the person relied in developing his or her opinions;
and
(e)
The identity of any written reports of the opinion witness regarding this
occurrence, and any and all other documents that constitute, contain, report or otherwise
related to the person's opinions.
ANSWER:
6
HEDINGER LAW OFFICE
2601 S. Fifth St.
Springfield, Illinois 62703
(217) 523-2753 phone
(217) 523-4366 fax
Respectfully Submitted,
KIBLER DEVELOPMENT
CORPORATION and MARION RIDGE
LANDFILL, INC.,
Respondents,
By their attorney,
HEDINGER LAW 01-1-ICE
BY:
This pleading is being submitted on recycled paper.
7
BEFORE THE ILLINOIS POLLUTION CONTROL B
9
WC
C
LERK'S
EIVED
OFFICE
JUN 3 0 2008
STATE OF
ILLINOIS
).
Pollution Control Board
Petitioners,
)
v.
) Case No. PCB 2008-93
) Permit Appeal-Land
KIBLER DEVELOPMENT CORPORATION,
)
MARION RIDGE LANDFILL, INC., and
)
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY)
Respondents.
)
RESPONDENTS' FIRST REQUEST FOR PRODUCTION OF DOCUMENTS
NOW COME Respondents, KIBLER DEVELOPMENT CORPORATION and
MARION RIDGE LANDFILL, INC., through their undersigned attorney, and hereby
request that Petitioner WILLIAMSON COUNTY BOARD produce the following
documents, under oath or certification within fourteen (14) days of the receipt hereof, in
accordance with hearing officer order, at Hedinger Law Office, 2601 South Fifth Street,
Springfield, Illinois 62703
DEFINITIONS AND INSTRUCTIONS
1.
In construing and responding to these requests, the following words and
phrases, unless otherwise indicated, shall have the following meanings:
a.
"Person" means any individual, firm, association, corporations,
company, partnership, joint venture, business organization, or any other entity,
including, without limitation, any party to this action
b.
"Document" shall have the meaning given to it in Illinois Supreme
Court Rule 201(b)(1).
PEOPLE OF WILLIAMSON COUNTY ex rel
STATE'S ATTORNEY CHARLES GARNATI,
And THE WILLIAMSON COUNTY BOARD,
c.
"Petitioner" shall mean the Petitioner to whom these requests are
directed, along with its employees, officers. divisions, departments, agencies,
affiliates, attorneys, and any other person(s) acting or purporting to act on its
behalf. "Petitioner" also means "you."
d.
"Illinois EPA" shall mean the Illinois Environmental Protection
Agency.
e.
"People of Williamson County" means the other Petitioner herein,
along with its employees, officers. divisions, departments, agencies, affiliates,
attorneys, and any other person(s) acting or purporting to act on its behalf.
f.
"Kibler Development", and "Marion Ridge Landfill" shall mean
respectively Kibler Development Corporation and Marion Ridge
Landfill, Inc. , Respondents herein, along with their predecessors,
affiliates, divisions, parents, subsidiaries, successors, associates,
directors, officers, agents, employees, servants, attorneys, and any
other person(s) acting or purporting to act on their behalf.
g.
"The landfill", "the subject landfill", "landfill", "site", or "facility"
means the sanitary landfill or solid waste disposal site that is the subject of this
proceeding, located in Williamson County, Illinois.
h.
"Refer," "refers to," "referring to," "relates," "relates to,". "relating
to," "concerns," "concerning," "associated," and "associated with" shall be
interpreted to encompass that which is legally, logically, factually, or in any way
connected to, in whole or in part, the subject matter identified so as to be included
within the scope of discovery set forth in Supreme Court Rule 201.
2
i.
"And" as well as "or" shall be construed either disjunctively or
conjunctively as necessary to bring within the scope of a request any document which
might otherwise be construed as outside its scope.
J
.
The singular form of any and all words shall include the plural,
and the plural shall include the singular.
k. "Communication" means any transfer or exchange of information
or ideas which is made orally, electronically, by document, or otherwise, and
which occurs in a face-to face meeting, by telephone, by mail, by personal
delivery, or by any other means.
1. "Statement," when used in connection with a witness, shall include
any and all oral or written communications of any kind or nature, whether formal
or in formal, and whether made in the context of a formal or informal interview,
telephone conversation, computer e-mail, or any other format, including but not
limited to any discussions, interviews, responses to questions, volunteered
information or unsolicited reports.
m. "Possession, custody, or control" shall mean joint or several
possession, custody, or control not only by the person to whom this request for
production is addressed, but also joint or several possession, custody, or control by each
or any other person acting or purporting to act on that person's behalf, whether as
employee, contractor, attorney, accountant, agent, sponsor, spokesman, or otherwise.
2.
Please produce the requested documents at the offices of Hedinger Law
Office, 2601 South Fifth Street, Springfield, Illinois, 62703, on or before the day
required.
3
3. For any responsive document that previously was in your possession,
custody, or control but is no longer in your possession or custody or subject to your
control, or which was known to you but is no longer in existence, please state what
disposition was made of such document or what became of it.
4.
For any responsive document that is withheld from production based on a
claim of privilege, please provide the following information in a privilege log.
a.
the name of the author(s) of the document and the employer of
such author(s);
b.
the name of each recipient of the document, including all persons
to whom a copy was sent and persons with knowledge of the contents of the
document, and each recipient's employer;
c.
the name of each person who participated in the preparation of the
document;
d.
the date on which the document was first created and the date the
document bears, if different; and
e.
the specific basis for the privilege claimed with respect to the
document.
5.
These requests are continuing; supplemental production must be served
between the date these requests are answered and the time of the hearing in this matter.
6.
Please produce all original responsive documents, as well as
nonconforming copies and any copies with markings or other matter not appearing on the
face of the original, including blind copies for persons other than the recipient shown on
the document.
4
REQUEST FOR PRODUCTION
REQUEST NO. 1:
Any and all documents relied upon by you in drafting your Petition
For Review in this case.
ANSWER:
REQUEST NO. 2: Any and all documents relating to the retention of any Special
Assistant State's Attorney for this matter or any other matter relating to the landfill,
and/or relating to the retention of any other consultants with respect to this matter or the
landfill.
ANSWER:
REQUEST NO. 3: Any and all documents in any way relating to or pertaining to Kibler
Development Corporation and Marion Ridge Landfill, Inc. concerning any and all
allegations, assertions or claims made within or in relation to the Petition For Review in
this matter.
ANSWER:
REQUEST NO. 4: Any and all documents relied upon, or which you intend to introduce,
refer to, mention, or in any other way relate to the hearing in this matter.
REQUEST NO. 5: All documents from, to, or concerning the Federal Aviation
Administration (FAA), the Williamson County Airport, any hospital located in
5
Williamson County, any subdivision or individuals within any subdivision located within
Williamson County, and any citizens group, not-for-profit organization, or
unincorporated association, in any way referring to or relating to, or in any way involving
or mentioning, Kibler Development, Marion Ridge Landfill, the landfill, or the permit
that is the subject matter of this action or any predecessor permits.
Respectfully Submitted,
KIBLER DEVELOPMENT
CORPORATION and MARION RIDGE
LANDFILL, INC.,
Respondents,
By their attorney,
HEDINGER LAW 01-1-ICE
2601 S. Fifth St.
Springfield, Illinois 62703
(217) 523-2753 phone
(217) 523-4366 fax
This pleading is being submitted on recycled paper.
6
