2009 Interrogatories

NORTH CAROLINA
MECKLENBURG COUNTY
ASHLAND INC.,
Petitioner,
V.
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL
RESOURCES'. DIVISION OF WATER
QUALITY,
Respondent.
IN' THE OFFICE OF
ADMINISTRATIVE HEARINGS
CASE NUMBER 09-EHR-2999
I'Lirsmail to 26 N.C.A.C. 3 ).01 12(b), Petitioner Ashland Inc. ("Ashland"), by and through
its undersigned counsel, serves -upon Respondent, North Carolina Department of Environment
and Natural Resources, Division of Water Quality ("NCDENR"), the following Interrogatories
and Requests for Production of Documents pursuant to Rules 26, 33 and 34 of the North
Carolina Rules of Civil Procedure.
Pursuant to 26 N.C.A.C. 3,0112(f), Respondent shall, within fifteen (15) days of receipt
of this notice requesting discovery:
1. Move for relief from the request;
2. Provide the requested information or material; or
3. Offer a schedule for reasonable compliance with the request.
Pursuant to Rule 216. these discovery requests shall be continuing in nature and
Respondent is required to serve supplemental answers as additional information or documents
may be come available.
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DEFINITIONS
Unless indicated otherwise, the following definitions are applicable throughout these
Interrogatories and Requests for Production of Documents and are incorporated into each
specific Interrogatory and Request:
1. The words "Respondent', "You", "Your" or "NCDENR" mean Respondent,
North Carolina Department of Environment and Natural Resources, Division of Water Quality,
and its agents or representatives.
2. "Petitioner.' and "Ashland" refer to Ashland Inc.
3. The phrase "Charlotte Facility" refers to the real property and improvements
located at 3930 Glenwood Drive, Charlotte, North Carolina where Ashland conducts business
operations.
4. "Stornnwater Permit means National Pollutant Discharge Elimination System
Permit No. NCS00031 S.
S. "And" or "or" shall be construed either conjunctively or disjunctively to bring
within the scope of these Interrogatories and Requests any information which might otherwise be
construed to be outside their scope.
6. "Document" is used in its customary broad sense. It means the original and all
copies of anything written, printed or electronically recorded, included but not limited to
electronic mail messages, electronic spreadsheets and electronic databases, voice recordings,
photographs, typed or graphic matter of any kind or nature however produced or reproduced and
whether or not claimed to be privileged or otherwise excludable from discovery.
7. "Connnnlnicate" or "communication" means the conveyance or transmittal of
information, whether oral or written, and whether in the form of facts, ideas, inquiries,
negotiations, conferences, discussions or otherwise with any person or entity whatsoever.
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8. "Person(s)" means all natural and legal persons, including without limitation
individuals, corporations, joint ventures, partnerships, trustees, sole proprietorships,
unincorporated associations, and any agency, division, subdivision, branch or department of any
local, state or federal government.
9. "Identify", when used in reference to a Natural person, means to provide the
person's name, last known home and business addresses, last known home and business
telephone numbers, present employer, and job title. When used in reference to a person that is a
corporation, partnership, proprietorship, association, business, or other such group, "Identify"
means to provide the person's full name, address, telephone number, form of organization, and a
description of its business activities. "Identify", when used in reference to the document, means
to provide a brief description of the document, including its date, author(s), addressee(s), known
recipient(s), form (that is, letter, invoice, blueprint, etc.), subject matter, and the present
custodian of each copy of the document having notations unique to such copy. "Identify", when
used in reference to all oral communication, means to state the date of the comniLulication and
the place or places where the communication occurred, to identify each person who took part in
or heard the communication, to provide a description of the subject matter of the conu-nunication,
and to identify each document that refers or relates to or evidences the communication.
1. Identify the person answering these Interrogatories and any persons, other than
legal counsel, who contributed to the development or, preparation of the answers to these
Interrogatories.
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2. Do you contend that storlmwater discharges from Ashland's Charlotte Facility are
"stormwater discharges associated with industrial activity" as that term is defined in 40 C.F.R.
§ 122.26(b)(14)? If so:
(a) Describe with specificity the basis for this contention, including but not
limited to all facts on which this contention is based;
(b) Identify all persons with Imowledge of facts or other information on which
this contention is based and describe with specificity the knowledge of each such person;
and
(c) Identify all docurr,ents regarding, referring or relating in any way to this
contention.
3. If you do not contend that stormwater discharges from Ashland's Charlotte
Facility are "stormwater discharges associated with industrial activity" as that tern is defined in
40 C.F.R. § 122.260(b)(14), please state with specificity the basis on which you contend that the
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analytical monitoring requirements in Part II. Section B of the Stormwater Permit can be
included as a requirement in the Stormwater Permit.
(a) Describe with specificity the basis for this contention, including but not
limited to all facts on which this contention is based;
(b) Identify all persons with knowledge of facts or other information on which
this contention is based and describe with specificity the lulowledge of each such person;
and
(c) Identify all documents regarding, referring or relating in any way to this
contention.
4. Have you determined that the stonnwater discharge from the Charlotte Facility
contributes to a violation of a water quality standard? If so:
(a) Describe with specificity the factual and other bases for this
determination.
(b) Identify each person (i) involved in making this determination, (ii) having
knowledge relating to this determination and/or (iii) involved in reviewing information
regarding the Charlotte Facility in making this determination and describe with
specificity each such person's involvement and/or knowledge.
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(c) Identify all documents regarding, referring or relating in any way to this
determination.
5. Have you determined that the stormwater discharge from the Charlotte Facility is
a significant contributor of pollutants to waters of the State or the United States. If so:
(a) Describe with specificity the factual and other bases for this
determination.
(b) Identify each person (i) involved in malting this determination, (ii) having
knowledge relating to this determination and/or (iii) involved in reviewing information
regarding the Charlotte Facility in making this determination and describe with
specificity each such person's involvement and/or knowledge.
(c) Identify all documents regarding, referring or relating in any way to this
determination.
1;;71#11,
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6. Dave you determined that stormwater controls are needed for the discharge of
stormwater from the Charlotte Facility based on waste load allocations that are part of any total
maximum daily load? If so:
(a) Describe with specificity the factual and other bases for this
determination.
(b) Identify each person (i) involved in making this determination, (ii) having
knowledge relating to this determination and/or (iii) involved in reviewing information
regarding the Charlotte Facility in malting this determination and describe with
specificity each such person's involvement and/or kiowledge.
(c) Identify all documents regarding, referring or relating in any way to this
determination.
7. Identify any and all written or oral communications between you and the United
States Environmental Protection Agency regarding the Storinwater Permit or stormwater
discharges from the Charlotte Facility.
RESPONSE:
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8. Identify any and all -written or oral communications with any persons other than
the United States Enviromnental Protection Agency regarding the Storrnwater Permit or
stonnwater discharges from the Facility.
RESPONSE:
9. Identify any and all persons known to you who participated in, or consulted,
provided input, responded to comments or otherwise were involved in the development and
issuance of the Stormwater Permit or any drafts of the Stormwater Permit.
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10. Identify any and all documents relied on in preparation of responses to these
Interrogatories or containing information relevant to these Interrogatories.
I 'am, MW
11. Identify each expert witness whom you intend to call at the hearing in this matter
and, as to each such witness:
(a) Identify the subject platter as to which the witness is expected to testify.
(b) Describe with specificity the opinions as to which each expert is expected
to give and the factual and any other basis for each opinion.
(c) Identify each and every document relied upon by each expert witness in
reaching the opinions expected to be proffered at the hearing.
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I . All documents Identified or referred to in your response to the foregoing
Interrogatories.
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This the day of July, 2009.
Benne C. Hutson
N.C. State Bar No, 13295
MCGUIREWOODS LLP
201 North Tryon Street, Suite 3000
Charlotte, NC 28231
Telephone: [phone]
Facsimile: [phone]
Attorneys for Petitioner Ashland Inc.
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This is to certify that the foregoing PETITIONER'S FIRST SET OF
INTERROGATORIES AND FIRST REQUEST FOR PRODUCTION OF DOCUMENTS
TO RESPONDENT has been duly served upon Respondent by depositing a copy thereof in the
United States Mail, first-class, postage prepaid, addressed to:
John A. Payne
Assistant Attorney General
North Carolina Department of Justice
9001 Mail Service Center
Raleigh, North Carolina 27699-9001
This the day of July, 2009.
Bertne C. Hutson
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