MORTON F. DOROTHY,
)
)
Complainant,
)
FLEX-N-GATE CORPORATION,
)
an Illinois Corporation,
)
)
)
)
No. PCB 05-049
Respondent.
CERTIFICATE OF SERVICE
I, the undersigned, certify that, on the Z~Sday of May, 2005, I served the listed
documents, by first class mail, upon the listed persons:
AFFIDAVIT IN SUPPORT OF MOTIONS TO COMPEL
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
100W. Randolph
Suite 11-500
Chicago, Illinois 60601
Carol Webb
Hearing Officer, IPCB
1021 North Grand Avenue East
Post Office Box 19274
Springfield, IL 62794-9274
Morton F. Dorothy, Complainant
Morton F. Dorothy
804 East Main
Urbana IL 61802
BEFORE THE ILLINOIS POLLUTION CONTROL BOARDRECE~VED
CHAMPAIGN COUNTY, ILLINOIS
CLERK’S OFFICE
vs.
MAY 272005
STATE OF ILUNOIS
PollUt~OflControl Board
217/384-1010
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
CHAMPAIGN COUNTY, ILLINOIS
CLERK’S OFFICE
MORTON F. DOROTHY,
)
MAY 272005
Complainant,
)
STATE OF ILLINOIS
)
Pollution Control Board
vs.
)
No. PCB 05-049
)
FLEX-N-GATE CORPORATION,
)
an Illinois Corporation,
)
)
Respondent.
AFFIDAVIT IN SUPPORT OF MOTIONS TO COMPEL
Complainant Morton F. Dorothy is filing the attached affidavit in support of the
following motions to the hearing officer: Motion to Compel Response to lnterrogatories;
Motion to Compel Respondent to Admit The Truth of Certain Facts; Motion to Compel
Production of Documents.
‘F ~)
~oTh
-,
Morton F. Dorothy
State of Illinois
)
)
ss
County of Champaign
)
AFFIDAVIT
1.
Complainant has filed a complaint with the
Occupational Safety and Health
Administration (OSHA) concerning the same incident that is the subject of the
complaint in this action.
2.
Complainant is not a party to the OSHA proceeding concerning this incident.
Complainant has not been allowed to attend hearings, testify, present evidence
or examine witnesses.
3.
Complainant never had direct access to the emergency response and
contingency plan prior to the August 5 incident. Complainant instead received
training from respondent as to how to deal with emergencies pursuant to the
plan. Request 18 is directed at obtaining the training materials. The training
materials are obviously relevant to respondent’s interpretation of the plan.
4.
The first work order produced was initiated by Larry Kelly at 07:28 on 08-05-04.
However, Afiba Martin’s statement, produced elsewhere, refers to a work order
he initiated several hours earlier. That work order has not been produced. Nor do
any other work orders appear for third shift of August 4-5, 2004, during which
shift the incident happened.
5.
Denny Corbett was a witness to some of the events in this incident. It is
reasonable to expect that he will be called as a witness at the hearing, in which
case his credibility will be an issue. Complainant is aware that Denny Corbett
has made several false statements, including statements made in writing to
OSHA in its investigation of this incident. One of these statements concerns
“threat letters that if we did not hire this employee back he would make it difficult
for Guardian West by calling local and federal agencies”.
6.
Complainant hand-delivered a written account of the incident to Tony Rice on or
about August 9, 2004.
~
Morton F. Dorothy, Complainant
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~.ki?~/day of May, 2005,
‘~NotaryPubljV’
Morton F. Dorothy
~
804
East Main
Sand~
~•
McCall
I
Urbana IL 61802
~ NOL,puh1~c,Stat~?~61~
217/384-1010
