VIA HAND-DELIVERY

~~:

SWANSON, MARTIN

BELL

M1~Y

?003

~flAii~. OF u~j~p’~DlrectDial Line

ATTORNEYS AT LAW

“~i 2 923-8260

ONE

IBM PLAZA

•

SUITE 2900

OIlUtIon Control Board

330 NORTH WABASH • CHICAGO, ILLINOIS 60611

Writer’s E-mail Address

(312)

321-9100

•

FAX

(312) 3210990

eharvey©smbtrials.com

May 1,2003

VIA HAND-DELIVERY

Ms. Dorothy M. Gunn

Clerk of the Board

Illinois Pollution Control Board

100 West Randolph Street, Suite 11-500

Chicago, IL 60601

RE:

CityofKankakee v. County of Kankakee

PCB Nos. 03-125, 03-1 33, 03-1 34, and 03-135(cons.)

Dear Ms. Gunn:

Enclosed please find the original affidavit of Ester Fox, a faxed copy of which was

filed with the Board as Exhibit B to the County’s Motion to Quash Notice to Produce Ester

Fox (directed to the hearing officer). As I have already filed the required number of copies

with the Board when filing the motion on April 29, 2003, I have included only the original

affidavit with this letter.

Please call me if you have any questions.

Very truly yours,

Enclosure

cc:

Service List

(see attached, via U.S. Mail)

(w/out enclosure)

c~)

DUPAGE COUNTY OFFICE • 2100 MANCHESTER ROAD • BUILDING C, SUITE 1420 • WHEATON, ILLINOIS 60187 • (630) 653-2266 • FAX (630) 653-2292

LAKE COUNTY OFFICE • 404 WEST WATER • P.O. BOX 890 • WAUKEGAN, ILLINOIS 60079-0890 • (847) 625-5550 • FAX (847) 625-5555

PFR 30 ‘03 11~45FR SWANSON MARTIN 

BELL

312 321 0990 TO 18159398831   

P.02~02

AFFIp~yg_9F~ESTER FOX

I, Ester Fox, being over the age of 2i and having been sworn, hereby states the

following, based on personal knowledge:

1. I am the Chief Deputy Clerk,, Kankakee County, Illinois. As part of my job

responsibilities, I assisted persons who came to the Clerk’s Office, inquiring

about the siting application filed by Waste Management of Illinois, Inc.

2. I have some recollection 01: Mr. George Mueller, attorney for Mr. Karlock, visiting

the Clerk’s Office prior to the beginning of the local hearings on the application. I

do not remember the date of that visit.

3. Mr. Mueller asked to see everything filed as part of the siting application. I

showed him everything of which I was aware.

4. Much later, on or about the first day of the County’s hearings on the application

(November 16, 2002), 1 learned that WMII had filed its operating record with the

Clerk’s office as part of its application. I was unaware of the existence of that

operating record when Mr. Mueller visited the Clerk’s Office.

5. I did not purposefully fail to show Mr. Mueller any portion of the application, but

showed him everything of which I was aware.

I do not remember any

subsequent contact or inquiry to the Clerk’s Office (after his visit to the Clerk’s

Office) by Mr. Mueller regarding the siting application, or any portion thereof.

6. From May 2 through May 10, 2003, I will be out of state on a long-planned trip,

and am unable to appear at the heariigs set for May 5 though 9, 2003.

7. I am competent to testify to the above.

Further affiant sayeth naught.

Ester

Fox

Sworn t~eforeme this

day of April, 2003.

J1’z~o71

0FFIcIAL SEAL”

SHARON P. GEIGER

Notary Public — State of IllinoIs

My Commission Expires

2(22/07

TDTPL FPGE.@2 **