BEFORE THE ILLINOIS POLLUTION CONTROL BOAP~E
C
E ~
V
E 0
CLERK’S OFFICE
)
Complainant,
)
)
)
)
FLEX-N-GATE CORPORATION,
)
an Illinois corporation,
Respondent.
)
)
)
PCB No.
05-49
JUN 032005
STATE OF ILLINOIS
Pollution Control Board
NOTICE OF FILING
TO:
Ms. DorothyM. 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 TAKE NOTICE that I have today filed with the Office ofthe Clerk of
the Illinois Pollution Control Board an original and nine copies of a
SUBSTITUTION
OF AFFIDAVITS,
a copy ofwhich is herewith served upon you.
Respectfully submitted,
Dated: June 1,2005
Thomas G. Safley
HODGE DWYER ZEMAN
3150 Roland Avenue
Post Office Box 5776
Springfield, Illinois 62705-5776
(217) 523-4900
FLEX-N-GATE CORPORATION,
Respondent,
By:
MORTON F. DOROTHY,
)
v.
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 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
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 June 1, 2005.
T~jje
GWST:003/FiIINOF and COS
—
Substitution3
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
MORTON F. DOROTHY,
)
)
Complainant,
)
)
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 of Jackie Christensen, original Affidavit ofAnthony Rice, and original
Affidavit ofDenny Corbett to replace the facsimile copies of said Affidavits that were
attached as Exhibits to Flex-N-Gate’s Motion for Partial Summary Judgment as to Counts
II through VI Of Complainant’s Complaint and Motion for Summary Judgment as to All
Counts ofComplainant’s Complaint.
Respectfully submitted,
FLEX-N-GATE CORPORATION
Respondent,
Dated: June 1, 2005
By:_____________________
One fIts A o
Thomas G. Safley
I-lODGE DWYER ZEMAN
3150 Roland Avenue
Post Office Box 5776
Springfield, Illinois 62705-5776
(217) 523-4900
GWST:OO3IFiI/Substitution of Affidavits3
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
CHAMPAIGN COUNTY, ILLINOIS
MORTON F. DOROTHY,
)
)
Complainant,
)
)
v.
)
)
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 ofthe 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.
True and accurate copies of portions ofFlex-N-Gate’s FacilityEmergency
Response and Contingency Plan (“Plan”) are attached to Flex-N-Gate’s Motion for
Partial Summary Judgment as Exhibit D.
4.
The Plan was developed by Flex-N-Gate to address numerous types of
situations that could occur at the Facility, including, but not limited to, situations
involving “hazardous waste.”
5.
Thus, portions of the Facility’s “Emergency Response and Contingency
Plan” serve as:
the Facility’s “Contingency Plan” under Subpart D to 35 ill. Adm. Code
Part725;
the Facility’s “Emergency Response Plan” under the Occupational Safety
and Health Act (29 C.F.R.
§
1910.120(p)(8)(i));
and set out other procedures for the Facilityrelating to maintenance, security, etc.
6.
Section 6 of the Plan is not focused on “hazardous waste,” but rather, is
titled “Hazardous Material Spills,” and addresses any type ofhazardous substance at the
Facility, be it a waste or a product.
7.
Flex-N-Gate included its RCRA contingency plan within its OSHA
emergency response plan; this is why. the Facility’s Plan is titled “Emergency Response
and Contingency Plan.”
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.
c~t~jL
~
Jackie Christensen
Subscribed and sworn to before
~i~this
d
7
day of
./M
~c2
,
2005.
7’~L1Q
Notary
1
~-
h~
Public
A~.
GWST:003/Fil/Affidavit of Jackie Christensen
—
Partial MSJ
Gr~i’~NNE
M. CLAPPER
N~t~i’y
Pubflc, State of
IUino~s
My
ccmm~as~Ofl
expires
07/17/05
2
C
BI~F~Q~THE ILLINOIS POLLUTION CONTROL BOARD
~. ~
3
~U”
CHAMPAIGN COUNTY, ILLINOIS
MOR~9~
Complainant,
)
)
v.
)
PCB05-49
)
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 ofthe 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.
The diagram attached to Flex-N-Gate’s Motion for Summary Judgment as
to All Counts of Complainant’s Complaint (“Motion for Complete Summary Judgment”)
as Exhibit A roughly illustrates the layout ofthe Electroplating Line at the Facility.
4.
The tanks that make up the Electroplating Line are mounted on concrete
piers above a sloped, coated concrete floor.
5.
During the process of cleaning, plating, and rinsing, the bumpers are
dipped into the first tank, raised up, moved into position above the next tank, dipped into
that tank, etc.
6.
When a bumper is removed from a tank, some amount of the solution
which that tank contains remains on the bumper.
7.
The Electroplating Lineis engineered so that when bumpers are being
moved from tank to tank, the solution that remains on the bumpers after removal from a
tankmay fall from the bumpers and land on the floor ofthe room in which the Line is
located (hereinafter “Plating Room”).
8.
This process is intentional.
9.
The floor of the Plating Room is coated with epoxy and is sloped towards
the center of the room, where two concrete “pits” are located in the floor.
10.
The purpose of the slope ofthe floor is to direct the solution which falls
from the bumpers and lands on the floor into the “pits” in the center of the floor.
11.
The purpose of the coating on the floor is to make the floor impervious to
the materials that fall on it so that such materials are directed into the “pits” rather than
soaking into the floor.
12.
At leastpart ofthe floor is hosed down each shift in order to wash any
material that has fallen onto the floor into the “pits.”
13.
A pump is located at each “pit,” which pumps are used to transfer solution
that falls onto the floor into piping which leads to equipment in which wastewater from
the Facility is treated.
14.
These pumps do not run continuously.
15.
Rather, a level indicator in each pit automatically actuates each pump
when the material in the pit reaches a pre-determined level.
16.
This normally occurs several times each day.
17.
Thus, the longest period of time that material which falls to the floor
would remain in the pit normally would be a few hours.
2
18.
The Facility stores approximately 93 concentrated sulfuric acid in a bulk
storage tank which is located in a different room at the Facility than the Plating Room.
19.
Several pipes lead from this bulk storage tank to various other tanks at the
Facility, including a pipe that leads from the bulk storage tank directly to Tank No. 8 in
the Plating Room, which tank is part of the Electroplating Line.
20.
Tank No. 8 is an open-top tank and contains a solution of approximately
10 sulfuric acid and 90 water.
21.
Sulfuric acid is transferred from bulk storage to Tank No. 8 by means of a
pump that is located at the bulk storage tank, which pump is controlled by a button
located adjacent to Tank No. 8.
22.
Near Tank No. 8, the pipe from bulk storage approaches Tank No. 8
traveling horizontally at a level lower than the top ofthe tank (pipe segment 1), then
travels vertically to a level higher than the top of the tank (pipe segment 2), then travels
horizontally to a position over the top of the tank (pipe segment 3), then descends
vertically into the top of the tank (pipe segment 4).
23.
A valve is located in pipe segment 2, which valve must be opened to allow
material to be pumped from bulk storage to Tank No. 8.
24.
A fitting is located above this valve.
25.
The diagram attachedto Flex-N-Gate’s Motion for Complete Summary
Judgment as Exhibit F roughly illustrates the arrangement ofthis pipe, the “pipe
segments” noted above, and the location ofthe valve and fitting.
3
26.
On August
5,
2004, the pipe from bulk storage to Tank No. 8 separated at
the fitting located above the valve in the vertical portion of the pipe that is outside the
tank, i.e., in pipe segment 2.
27.
Flex-N-Gate has since determined that this separation occurred because
improper adhesive had been used to join the pipe to the fitting.
28.
The separation was not caused by a fire or explosion; the separation did
not cause a fire or explosion; and no fire or explosion otherwise occurred in connection
with the separation.
29.
The separation allowed a small quantity of sulfuric acid that was in the
portion of pipe segment 2 above the fitting, and potentially sulfuric acid contained in pipe
segments 3 and 4, to be released to the Plating Room floor.
30.
In addition, back siphoning could have occurred in this situation, which
could have allowed some amount ofthe approximately 10 sulfuric acid solution
contained in Tank No. 8 to be released to the floor as well.
31.
However, an examination of Tank No. 8 afterthe pipe separation indicated
that at most a small amount of solution from Tank No. 8 was back-siphoned and released
to the floor.
32.
At one time, a “day tank” was located in the Plating Room and used as
Complainant describes in his Complaint.
33.
Flex-N-Gate stopped using the day tank in this manner and re-plumbed the
system to the arrangement described in Flex-N-Gate’s Motion for Complete Summary
Judgment in December 2001, more than 2 1/2 years before the separation of the pipe on
August 5, 2004.
4
34.
On August 5, 2004, the day tank, while still present in the Plating Room
(it since has been removed completely) did not contain any substance of any kind, and the
separation of the pipe did not “empty the day tank,” as Complainant alleges in
paragraph 11 of Count VI ofhis Complaint.
35.
The pump that is used to transfer sulfuric acid from bulk storage to Tank
No. 8 was not operating when the pipe separated.
36.
Thus, sulfuric acid was not pumped from bulk storage through the
separation in the pipe and onto the floor.
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
m this~1 day of /1LLL4/
,
2005.
~~Public
GWST:OO3fFil/Affidavitof Anthony Rice —Complete MSJ
~ ~~CIALSEAL~1
~ GRATIENNE M. CLAPPER I
~ Notary Public, State of
llHnois
I
~miss~ne~sO7,17,O5
Anthony Rice
5
MORTON F.
BEFOREDOROTHY,TUE ILLINOIS POLLUTION
)
CONTROL BOARD
CLERK’S
JUN 032005
OFFI~E0
Complainant,
)
.
POS~1E~FILLINO~S
v.
)
PCBO5-49
)
FLEX-N-GATE CORPORATION,
)
an illinois corporation,
)
)
Respondent.
)
AFFIDAVIT OF DENNY CORBETT
Denny Corbett, 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 as Corporate Safety Director for Flex-N-Gate Corporation
(“Flex-N-Gate”).
3.
On August
5,
2004, a pipe in the Facility that carries a solution of
approximately 93 concentrated sulfuric acid! 7 water separated at a fitting, and a
small amount of acid drained out from the pipe onto the floor of a room inside the
Facility.
4.
No fire occurred at the Facility on August
5,
2004.
5.
No explosion occurred at the Facility on August 5, 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.
enny Corbett
Subscribed and sworn to before
methis~,9’7 dayof
/fltI2L/
,2005.
P~NotaryPubhc
~
GWST:003/FillAffidavit of Denny Corbett
—
Partial
MSJ
3
‘OFFICIALSEAL
I
C.
‘:~flENNEM. CLAPPER
I
r.:
.-j
Public, State of IllInois ~
c~rnlsslonexPir~17/O~J
2
