1. THIS FILING SUBMITTED ON RECYCLED PAPER
  1. NOTICE OF FILING
  2. CERTIFICATE OF SERVICE
  3. SUBSTITUTION OF AFFIDAVITS
THIS FILING SUBMITTED ON RECYCLED PAPER
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
MORTON F. DOROTHY,
)
)
Complainant,
)
)
v.
)
PCB No. 05-49
)
FLEX-N-GATE CORPORATION,
)
an Illinois corporation,
)
)
Respondent.
)

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NOTICE OF FILING
TO:
Ms. Dorothy M. Gunn
Carol Webb, Esq.
Clerk of the Board
Hearing Officer
Illinois Pollution Control Board
Illinois Pollution Control Board
100 West Randolph Street
1021 North Grand Avenue East
Suite 11-500
Post Office Box 19274
Chicago, Illinois 60601
Springfield, Illinois 62794-9274
(VIA ELECTRONIC MAIL)
(VIA ELECTRONIC MAIL)
PLEASE TAKE NOTICE that I have today filed with the Office of the Clerk of
the Illinois Pollution Control Board a
SUBSTITUTION OF AFFIDAVITS,
a copy of
which is herewith served upon you.
Respectfully submitted,
FLEX-N-GATE CORPORATION,
Respondent,
Dated: June 23, 2006
By:/s/ Thomas G. Safley
One of Its Attorneys
Thomas G. Safley
HODGE DWYER ZEMAN
3150 Roland Avenue
Post Office Box 5776
Springfield, Illinois 62705-5776
(217) 523-4900
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, JUNE 23, 2006

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CERTIFICATE OF SERVICE
I, Thomas G. Safley, the undersigned, certify that I have served the attached
SUBSTITUTION OF AFFIDAVITS upon:
Ms. Dorothy M. Gunn
Clerk of the Board
Illinois Pollution Control Board
100 West Randolph Street
Suite 11-500
Chicago, Illinois 60601
Carol Webb, Esq.
Hearing Officer
Illinois Pollution Control Board
1021 North Grand Avenue East
Post Office Box 19274
Springfield, Illinois 62794-9274
Via electronic mail on June 21, 2006; and upon:
Mr. Morton F. Dorothy
104 West University, SW Suite
Urbana, Illinois 61801
by depositing said documents in the United States Mail in Springfield, Illinois, postage
prepaid, on June 23, 2006.
/s/ Thomas G. Safley
Thomas G. Safley
GWST:003/Fil/NOF and COS – Substitution – Motion for Sanctions
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, JUNE 23, 2006
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
MORTON F. DOROTHY,
)
)
Complainant,
)
)
v.
)
PCB 05-49
)
FLEX-N-GATE CORPORATION,
)
an Illinois corporation,
)
)
Respondent.
)

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SUBSTITUTION OF AFFIDAVITS
NOW COMES Respondent, FLEX-N-GATE CORPORATION (“Flex-N-Gate”),
by and through its attorneys, HODGE DWYER ZEMAN, and files the attached original
Affidavit of Kevin Jeffries and original Affidavit of Anthony Rice to replace the copies
of said Affidavits that were attached as Exhibits to Flex-N-Gate’s Motion for Sanctions
or, in the Alternative, for Summary Judgment.
Respectfully submitted,
FLEX-N-GATE CORPORATION
Respondent,
Dated: June 23, 2006
By:/s/ Thomas G. Safley
One of Its Attorneys
Thomas G. Safley
HODGE DWYER ZEMAN
3150 Roland Avenue
Post Office Box 5776
Springfield, Illinois 62705-5776
(217) 523-4900
GWST:003/Fil/Substitution of Affidavits – Motion for Sanctions
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, JUNE 23, 2006
BEFORE
LIMO
M ORTON F. DOROTHY,
)
Complainant,
)
v.
)
PCB 05-49
-N-GATE C
ois corporation
spondent.
)
VIN
effries,
being first duty sworn,
deposes and states under oath, and
if sworn
as
follows:
I have personal knowledge
of the matters set forth in this affidavit.
2.
loved as Environmental Director
for Flex-N-Gate Corporation
("Flex-N-Gate").
3.
The electroplating line at the
foci
of
Flex-N-Gate's Motion for Sanctions
or, in
motive, for Summary
Judgment ("Motion
far Sanctions"),
0
p ages 20 and 21 of Flex-N-Gate's
Motion for
iolved in treating
wastewater at
st 2004,
the material out of which suc
constructed,
and the purpose of each
piece o
/was
of equipment.
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, JUNE 23, 2006
March 2005.
All
of this equipment (hereinafter
"Wastewater Treatment
Equipment") i
located on-site,
within the bo
ty.
attached
to Flex-N-Gate's Motion for Sanctions
as Exhibit H
roughly
illustrates the layout
of the wastewater treatment
system.
8.
Following dewatering,
("POTW") operated
by
cluids are
of
ced into a satellite
accumulation
to 90-day
accumulation containers,
where
10.
a true and
accurate copy of
a main
's wastewater,
-N-Gate considers
the sludge to be exec
12. The wastewater
that the Facility treats and
d
13.
f which au
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, JUNE 23, 2006
14. The sludge that the Facility's
Wastewater- Treatment
us waste as defined in 35 111. Admin.
15.
acility's
wastewater treatment sludge "has not
generates
art L) of this Part under 35111.
Adm. Code 720.120 and 7201.122."
16.
the F006 sludge that the treatment
of the wastewater creates;
(b) is "designed to contain an accui
by lax pursuant to Sec°fir,o 1-109 of the Code
Subscribed and sworn to
r
me this
of
Civil
Procedure, the undersigned certifies that the
!ateinents
set forth
in this instrument are true and
correct? except as t(-,
therein s,,ated
to be on information and
belief and as to such matter:-, Lire undo-r,.I?ný,d
onearthen materials (e.g., wood,
forced Plastic
these "nonearthen materials ... vrovide structural sumort."
°ily believes the same
T SAYETH
before
?awau
YVONNE R D ROWN
Frýunmin Gr i1nt/
,.4y C,'rnmissinn
Evpir 6
Sr i;tý:-mYr:r
23, "WY
G
WST:003IFil/Affidavit of Kevin Jeffries - Motion for Sanctions
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, JUNE 23, 2006
LINOIS POLLUTION
CONTROL
BOARD
CHAMPAIGN COUNTY, ILLINOIS
MORTON
Complainant,
v.
FLEX-N-GATE
CORPORATION,
an Illinois corporation,
Respondent.
PCB 05-49
AFFIDAVIT OF ANTHONY RICE
Anthony Rice, being first duly swo
ould testify, as follows:
eposes and states under oath, and if sworn
I have
personal
knowledge
of the matters set forth in this affidavit,
at the facility at
Corporation ("Flex-N-Gate") as Plating
The
diagram
attached to Flex-N-Gate's Motion for
Sanctions or,
in the
Judgme
Sanctions"), as Exhibit E roughly
of
the
Electroplating
Line at the Faci
4.
The tanks that make up the Electroplating Line a
piers
above a sloped, coated concrete floor.
concrete
rocess of cleaning, plating, and rinsing, the bumpers are
a
that tank, etc.
b.
ved from a tank, some amount of the solution
which
that tank contains rem
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, JUNE 23, 2006
7.
The Electroplating Line is engineered so that when bumpers are being
ved from tank to tank, the solution that remains on the bumpers after removal
froth
a
tank may fall from the bumpers and land on the floor of the room in which the Line is
located (hereinafter "Plating Roo
8.
This
process
is intentional.
The
The purpose of
the
slope of the floor is to direct the solution which falls
the center of the room, where two concrete "pits" are located in the floor.
the materials
2.
of the
floor is hosed
down
eac
onto the.
13. A pump is located
at each
"pit," which pumps
are
used
to transfer
solution
that falls onto the floor
the Facility is treated.
14.
to equ
i
15.
Rather, a level indicator in each pit automatically actuates each pump
or of the Plating Room is coated with epoxy and is sloped towards
ands on the floor into the "pits" in the center of the floor.
The purpose of the coating on the
floor
is to
make
the floor
impervious to
ials are directed into the
al in the pit reaches a pre-determined level.
al times each day.
17.
erial which falls to the floor
would remain in the pit normally would be a few hours.
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, JUNE 23, 2006
Under penalties as provided bylaw 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
and as to such matters the undersigned
cer
NT SAYLTH
NOT.
Anthony Rice
c
Subscribed and sworn
to
before
day of
aforesaid
that he verily believes the same
to
be
true.
Notary Public
G WST.003/Fil/Affidavit of
Anthony
Rice-
Motion for sanctions
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, JUNE 23, 2006

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