RECE~V~D

CLERK’S

OFFICE

NOV

012004

STATE

OF

tLLINO~S

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LERKS OFFICE

NOV

131

2804

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STATE OF ILLINOIS

PoIIut!on

Control Bo~-

STATE OF ILLINOIS

)

)SS

COUNTY OF ADAMS

)

AFFIDAVIT

I, Walter Ward, being first duly sworn upon oath, depose and state:

1.

I have personal knowledge ofthe facts stated herein and

am over 21

years

old.

2.

I

am

a

resident of Hull,

Illinois,

and

I

live

on

property

adjacent

to

an

elevator owned and operated

by Archer

Daniels Midland Company which

I understand

is

the

subject of a

Formal

Complaint filed with

the Illinois

Pollution Control Board by Bonita and

Richard Saxbury.

3.

I have lived

in my current residence

since 2002.

4.

My home is closer to the elevator property than the home of Bonita and

Richard Saxbury.

5.

At the time I moved into my home, I knew I was moving in

next to

a grain

elevator

and

I

anticipated

that

there

would

be

some

noise

from

the

elevator.

6.

The

noise

from

the

elevator has

been

about

what

I

expected

from

the

elevator operation and

is no more noticeable than it was when I moved in.

7.

1

have

never

made

any

complaint

to

the

elevator,

the

Illinois

Environmental

Protection

Agency,

police

or

the

city

of Hull

regarding

noise from the elevator.

8.

I have never had

to

close

my windows

to

be

able

to

hear my

television,

hold a conversation or entertain in my home.

9.

I have

never had to

change my

plans

for entertaining

in

my

yard

due

to

noise from the elevator.

10.

The noise from

the elevator has never interfered with my daily

activities in

and around my house.

---

11.

I

have

never had

difficulty

falling

asleep

or

been

awakened

during the

night due to noise

from the elevator even

with the windows open.

12.

I have never experienced any physical or mental distress that

I attribute to

noise from the elevator.

13.

I have

never sought

medical treatment

due

to

any

distress

that

I would

attribute to noise at the elevator.

Further Affiant saith not.

JM,c/i

~

Name

Subscribed and

sworn to before me this

/

‘~

day ofDecember, 2003.

MA1~(MTN~4

NOTARYPUSLIC

STAlE OF LUNOIS

S

MY

CCMSS~ONE~1~24~1

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