RECEJVED
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
KS OFFICE
MAY
162005
NOTICE
OF FILD~G
TO:
Ms. Dorothy M. Gunn
Clerk ofthe Board
Illinois Pollution Control Board
100 West Randolph Street
Suite 11-500
Chicago, Illinois
60601
(VIA FIRST CLASS MAIL)
Carol Webb,
Esq.
Hearing Officer
Illinois Pollution
Control Board
1021 North Grand Avenue East
Post Office Box 19274
Springfield, Illinois
62794-9274
(VIA FIRST CLASS MAIL)
PLEASE TAKENOTICE that I have today filed with the Office ofthe Clerk of
the Illinois Pollution Control Board an original and nine copies ofa SUBSTITUTION
OF AFFfflAVITS~,
a áopy ofwhich is herewith served upon you.
Respectfully submitted,
Dated:
May 12, 2005
Thomas G. Safley
HODGE DWYER ZEMAN
3150
RolandAvenue
Post Office Box 5776
Springfield,
Illinois
62705-5776
(217) 523-4900
FLEX-N-GATE CORPORATION,
Respondent,
By:
MORTON F. DOROTHY,
)
)
Complainant,
)
STATE OF ILLINOIS
Pollution Control Board
)
v.
)
PCB No.
05-49
)
FLEX-N-GATE CORPORATION,
)
an Illinois corporation,
)
)
Respondent.
)
THIS FILING SUBMITTED ON RECYCLED PAPER
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 ofthe Board
Illinois Pollution
Control Board
100 WestRandolph 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
Mr. Morton F. Dorothy
804 East Main
Urbana, illinois
61802
by depositing said documents in the United States Mail in Springfield, Illinois, postage
prepaid, on May 12, 2005.
GWST:003/Fi1INOF and COS
—
Substitution2
RECE~VED
BEFORE THE ILLINOIS POLLUTION CONTROL BOeQ~RK’S
OFFICE
MORTON F. DOROTHY,
)
MAY
162005
)
STATE
OF
ILLINOIS
Complainant,
)
Pollution
Control Board
)
v.
)
PCB 05-49
)
FLEX-N-GATE CORPORATION,
)
an Illinois corporation,
)
)
Respondent.
)
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 ofJackie Christensen, original Affidavit ofAnthony Rice, and original
Affidavits ofGary Hinton to replace the facsimile copies ofsaid Affidavits that were
attached as Exhibits to Flex-N-Gate’s Responses to Complainant’s Motion to Compel
Response to Interrogatories and Motion to Compel Production ofDocuments.
Respectfully submitted,
•
FLEX-N-GATE CORPORATION
•
•
Respondent,
Dated:
May 12, 2005
By:__________________
On
oflts
Thomas G. Safley
HODGE DWYER ZEMAN
3150 Roland Avenue
Post Office Box 5776
Springfield, Illinois
62705-5776
(217) 523-4900
GWST:003/FillSubstitution ofAffidavits2
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
CHAMPAIGN COUNTY, ILLINOIS
R~
MORTONF. DOROTHY,
)
CLE
)
Complainant,
)
)
S1~~
~.
0n~rO ~oa~d
v.
)
PCB ~
)
FLEX-N-GATE CORPORATION,
)
an illinois corporation,
)
)
Respondent.
)
AFFIDAVIT OF JACKIE CHRISTENSEN
Jackie Christensen, being first duly sworn, deposes and states under oath, and if
sworn as a witness, would testify,
as follows:
1.
I have personal knowledge of the matters set forth in this
affidavit.
2.
I am employed by Flex-N-Gate Corporation (“Flex-N-Gate”) as
Environmental Manager at the facility at issue in the above-captioned matter.
3.
In light of Complainant’s Motion to
Compel Production of Documents, I
have searched Flex-N-Gate’s records again and have been unable to locate any work
order initiated by Afiba Martin for the plating line between August
5
and
8, 2004, or any
other work orders “for the third shift of August
4-5,
2004” other than the work order
previously produced to Complainant.
4.
Flex-N-Gate has produced to Complainant
all “maintenance work orders
for the plating line for August
5
through August 8, 2004.”
Under
penalties
as
provided
by
law
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 certifies as aforesaid that he verily believes
the same
to be true.
FURTHER AFFIANT SAYETH NOT.
~
Jackie Christensen
Subscribed and swor~i
to before
me this
____
day of
Y’\.&-”-~
,
2005.
~‘OFFIC1AL
SEALS’
Notary Public
GWST:003/FillAffidavit of
Jackie
Christensen
-
Response to MTC
-
RFPs
BEFORE THE ILLINOIS POLLUTION CONTROLBOARD
CHAMPAIGN COUNTY, ILLINOIS
wr~V~
R~’~~s
0~CE
MORTON
F.
DOROTHY,
)
CLEB~’
)
~p~y~62OO5
Complainant,
)
•
~
)
stP~
~
BO~~
V.
)
PCB
05-49
pol~Utt0fl
‘-
)
FLEX-N-GATE CORPORATION,
)
an illinois
corporation,
)
)
Respondent.
)
AFFIDAVIT OF ANTHONY RICE
•
Anthony Rice, being first duly sworn,
deposes and states under oath, and if sworn
as a witness, would testify,
as follows:
1.
I have personal knowledge of the matters set forth in this affidavit.
2.
I am employed by Flex-N-Gate Corporation (“Flex-N-Gate”) as Plating
Manager at the facility at issue in the above-captioned matter.
3.
In light of Complainant’s Motion to Compel Production ofDocuments, I
have reviewed my files, and I was unable to locate
any document hand-delivered by
Complainant to me on August 9, 2004, or on any other date, regarding “the incident” at
issue in
the above-captioned matter.
4.
Further, I have no recollection of Complainant hand-delivering to me, on
August 9, 2004,
or on any other date, any document regarding “the incident.”
5.
I do
have a document which Complainant delivered to me on or about
August 9, 2004, but this document relates to the Tank 17
CS pump, not to “the incident.”
Under
penalties
as
provided
by
law
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 certifies as aforesaid that he verily believes
the same to be true.
FURTHER AFFIANT SAYETH NOT.
Subscribed and sworn~to
before
me this
tC)
day of
~\
,
2005.
Notary Public
Vjckje L. Patton
Nt~~y
Public, State of
llIh~j~
C~imjssjor,
Ecp.
01/06/2007
GWST:003/FillAffidavit of Anthony Rice
-
Response to MTC
—
RFPs
BEFORE THE ILLINOIS POLLUTION CONTROLBOARD
CHAMPAIGN COUNTY, ILLINOIS
R E C E ~
V
E D
CLERK’S
OFFICE
MORTON F. DOROTHY,
MAY
162005
Complainant,
)
STATE
OF ILLINOIS
)
Pollution Control Board
v.
)
PCB 05-49
)
FLEX-N-GATE CORPORATION,
)
an illinois
corporation,
)
)
Respondent.
)
AFFIDAVIT OF GARY HINTON
Gary Hinton, being first duly sworn, deposes and states under oath, and if sworn
as a witness, would testify,
as follows:
1.
I have personal knowledge of the matters
set forth in this affidavit.
2.
I am employed by Flex-N-Gate Corporation (“Flex-N-Gate”) as Human
Resources Manager at the facility at issue in the above-captioned matter.
3.
The seven persons whom Flex-N-Gate identified in response to
Complainant’s Interrogatory No.
9 without providing home addresses and telephone
numbers are currently employed by Guardian West as “Team Leaders” or “Group
Leaders”.
4.
As
“Team Leaders” or “Group Leaders”, these persons are supervisors at
the facility at issue in the above-captioned matter.
Theirjob duties include, but are not
limited to, directing employees they supervise in theirjob duties, assessing those
employees’ job performance, completing performance appraisals of those employees,
participating in administering the facility’s discipline policy
with regard to facility
employees, communicating with top
management at the facility regarding issues
associated with the specific departments under their supervision and with individual
facility employees, and helping to develop and implement departmental
and individual
employee goals.
They advise top management at Guardian West regarding decisions
affecting their areas of responsibility at the facility at issue and give opinions that form
the basis of such decisions.
And, such decisions would not normally be made without
those persons’ advice or opinion.
Under penalties as provided by law 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 certifies as aforesaid that he verily believes
the same
to be
true.
FURTHER AFFIANT SAYETH NOT.
GaryHinton
Subscribed and swo
o before
me this
(C.)
day
______________,
2005.
Notary Public
•
My C~urnissionExp. 01/06/2007
GWST:003/Fil/Affidavit of GaryHinton
-
Response to MTC
—
Interrogs
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
CHAMPAIGN COUNTY, ILLINOIS
MORTON F. DOROTHY,
)
Complainant,
)
V.
)
PCB 05-49
O~
)
STh1~
00~t~o\~
r~i
FLEX-N-GATE CORPORATION,
)
an illinois
corporation,
)
)
Respondent.
)
AFFIDAVIT OF GARY HINTON
Gary Hinton, being first duly sworn, deposes and states under oath, and if sworn
as a witness, would testify, as follows:
1.
I have personal knowledge ofthe matters set forth in this affidavit.
2.
I am employed by Flex-N-Gate Corporation (“Flex-N-Gate”) as Human
Resources Manager at the facility at issue in the above-captioned matter.
3.
In light of Complainant’s Motion to Compel Production ofDocuments, I
have reviewed Flex-N-Gate’s personnel files relating to
Complainant,
and I was unable to
locate any document hand-delivered by Complainant to Mr. Tony Rice of Flex-N-Gate
on August 9, 2004, or on any other date, regarding “the incident” at issue in the above-
captioned matter.
Under penalties as provided by law 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 certifies as aforesaid that he verily believes
the same to be
true.
FURTHER AFFIANT SAYETH NOT.
iL
_
Gary Hinton
Subscribed and sworn
t
before
me this
IC)
day of______________,2005.
Notary Public
GWST:003/FillAffidavit of GaryHinton
-
Response to MTC
—
RFPs
RECER/ED
CLERK’S OFFICE
BEFORE
THE ILLINOIS POLLUTION CONTROL BOARD
MAY
162005
ADMINISTRATIVE CITATION
STATh OF ILLINOIS
Pollution Control Board
COUNTY OF SANGAMON,
5.
Patrick O’Keef,
Complainant,
Respondent.
)
)
)
)
)
AC
05-51
)
SCDPH 05-AC-i
)
ADMINISTRATIVE CITATION
)
)
NOTICE OF FILING AND PROOF OF SERVICE
The undersigned certifies that an original and the foregoing Motion for Voluntary
Dismissal of the Administration Citation was served upon the Clerk ofthe Illinois Pollution
Control Board, and one copy was served upon the following party ofrecord by enclosing same in
envelopes addressed to, and by delivering as specified below:
Dorothy Gunn, Clerk
—
U.S. Mail
Illinois Pollution Control Board
James
R. Thompson Center
100
W. Randolph St.,
Suite 11-500
Chicago, IL 60601
Stephen F. Hedinger
Attorney for Respondent, Patrick O’Keef
2601
South Fifth Street
Springfield, Illinois 62703
With postage fully prepaid, and by depositing said envelope in a U.S. Post Office Mail Box
in
Springfield,
Illinois before 5:30 p.m. on May 13, 2005
Sheri L. Carey
Assistant
State’s Attorney.
Sangamon County State’s Attorney
200
S.
9t1~
Street, Room 402
Springfield, Illinois 62701
(217)535-3100
~Ut
~
Sheri L. Carey.
THIS FILING IS SUBMITTED ON RECYCLED PAPER
RECE~VED
CLERK’S OFFICE
MAY
162005
BEFORE THE ILLiNOIS POLLUTION CONTROL BOARD
STATE
OF ILLINOIS
Pollution
Control
board
ADMiNISTRATIVE CITATION
COUNTY OF SANGAMON,
)
•
)
Complainant,
)
•
)
ACO5-5l
v.
)
ADMINISTRATIVE CITATION
)
SCDPH 05-AC-l
Patrick O’Keef,
•
)
)
Respondent.
)
MOTION FOR VOLUNTARY DISMISSAL OF
ADMINISTRATION CITATION
NOW COMES, the Complainant, COUNTY OF SANGAMON, by John Schmidt, States
Attorney of for Sangamon County, and represents to the Board as follows:
1.
On February
1, 2005,
the Complainant filed an Administrative Citation against the
Respondent.
2.
That the Complainant wishes files this Motion for Voluntary Dismissal of the
Administration Citation against the Respondent, Patrick O’Keefe.
Respectfully Submitted
SheriL.
Carey
Assistant State’s Attorney
Sangamon County State’s Attorney
200
s~
9th
Street, Room 402
Springfield, Illinbis
62701
(217)535-3100
COUNTY OF SANGAM~~
Assistant State’s
