RECEIVED
CLERK’S ‘OFFICE
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD JUN 232005
CHAMPAIGN COUNTY, ILLINOIS
MORTON F. DOROTHY,
)
)
Complainant,
)
)
FLEX-N-GATE CORPORATION,
an Illinois Corporation,
Respondent.
)
CERTIFICATE OF SERVICE
I, the undersigned, certify that, on the jo day of June, 2005, I served the listed
documents, by first class mail, upon the listed persons:
COMPLAINANT’S MOTION FOR PARTIAL SUMMARY JUDGMENT AS TO COUNT I
Thomas G. Safley
Hodge Dwyer Zeman
3150 Roland Avenue
Post Office Box 5776
Springfield, IL 62705-5776
Dorothy M. Gunn, Clerk
Illinois Pollution Control Board
James R. Thompson Center
100 W. Randolph
Suite 11-500
Chicago, Illinois 6060.1
( ~~—;:)o ~o~7\-i~-/
Carol Webb
Hearing Officer, IPCB
1021 North Grand Avenue East
Post Office Box
19274
Springfield, IL 62794-9274
Morton F. Dorothy
104 W University, SW Suite
Urbana IL 61801
217/384-1010
vs.
STATE OF ILLINOIS
Po~lutiOflControl Board
)
No. PCB 05-049
)
)
)
)
Morton F. Dorothy, Complainant
RECEIVED
CLERK’S OFFICE
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
CHAMPAIGN COUNTY, ILLINOIS
JUN 232005
STATE OF ILLINOIS
MORTON F. DOROTHY,
)
Pollution Control Board
)
Complainant,
)
)
vs.
)
No. PCB 05-049
)
FLEX-N-GATE CORPORATION,
)
an Illinois Corporation,
)
)
Respondent.
COMPLAINANT’S MOTION FOR PARTIAL
SUMMARY JUDGMENT AS TO COUNT I
Complainant Morton F. Dorothy, pursuant to 35
III. Adm. Code 101.516(a),
moves for partial summary judgment as to Count I ofthe complaint against respondent
Flex-N-Gate Corporation, and as reason says as follows:
Par.
I of Count I of the Complaint alleges:
Respondent is operating a hazardous waste treatment and storage facility
without a RCRA permit or interim status, in violation of Section 21(f) of the
Act and 35 III. Adm. Code 703.121(a).
2.
Complainant has attached an affidavit stating that respondent is conducting
hazardous waste treatment and storage operations at the Guardian West facility.
3.
Respondent has admitted, pursuant to complainant’s Request to Admit, that it is
treating hazardous waste on-site and that it does not have a RCRA permit or
interim status:
Flex-N-Gate admits that it is “a large quantity generator of hazardous
waste.” Flex-N-Gate admits that it treats some of its hazardous waste “on-
site in tanks,” but denies that it treats all of its hazardous waste “on-site in
tanks.” Flex-N-Gate admits that it does not have “a RCRA permit or
interim status”. To the extent that Request to Admit No~8 makes any
other statements of fact, Flex-N-Gate denies the same. (Response to
Request to Admit, par. 8)
4.
Respondent has also made the following admission:
Respondent claims exemption from the RCRA permit requirement
pursuant to 35 III. Admr Code 703.123(a) and 722.134(a) with respect to
one or more wastes generated by the Guardian West facility. (Response
to Supplemental Request to Admit, par. ‘1)
5.
Although respondent admits that it claims exemption from the RCRA permit
requirement pursuant to 35 III. Adm. Code 703.123(a) and 722.134(a), it has not
alleged such exemption in its answer to Count I, and is therefore not allowed to
introduce evidence showing compliance with those provisions as a defense to
Count I.
6.
There is no genuine issue of fact as to Count I.
WHEREFORE complainant prays:
I.
That the Board flnd that there is no genuine issue of fact as to Count I.
2.
That the Board find that respondent Flex-N-Gate Corporation is operating a
hazardous waste treatment and storage facility without a RCRA permit or interim
status, in violation of Section 21(f) of the Environmental Protection Act and 35 III.
Adm. Code 703.121 (a).
3.
That the Board grant summary judgment in favor of complainant, and against
respondent, as to Count I.
4.
That the Board, defer ruling as to penalty until the completion of hearings as to
the remaining counts of the complaint.
M ~
-~
o
~
Morton F. Dorothy, Complainant
State of Illinois
)
)
ss
County of Champaign
)
AFFIDAVIT
Complainant Morton F. Dorothy makes the following affidavit in support of his
motion for partial summaryjudgment as to Count I:
I.
Respondent, Flex-N-Gate Corporation, is conducting hazardous waste treatment
and storage operations at the Guardian West facility
2.
Respondent has admitted, pursuant to complainant’s Request to Admit, that it is
treating hazardous waste on-site and that it does not have a RCRA permit or
interim status
3.
There is no genuine issue of fact as to Count I.
~ro
tJ
e ~
i1~~
The undersigned, a notary public in and for the aforesaid County and State,
certifies that the above person appeared before me and signed the foregoing document
on the
c2O~’
day of June, 2005,
iv
~F1CIATEA~LEY
M. KRALL
Notary Public
P~~yPublic, $tbt~of Ilfinois
My Commission Expires 11(26(06’
Morton F. Dorothy
104 West University
Urbana, IL 61801
217/384-1010
