BEFORE
THE iLLiNOIS POLLUTION CONTROL BOARD
CLERK’S
OFFICE
Martin E.
& Kathy L.
Geber
)
JUN
112003
)
STATE
OF. ILLINOIS
)
Pollution
Control Board
Complainants,
)
)
v.
)
PCB 03-96
)
Clayton Moushon
)
12025 N. Knoxville
)
Dunlap, Illinois 61525
)
)
Carri Scharf Trucking and Materials, Co.
)
P.O. Box
305
)
Bloomington, Illinois
6 1702-0305
)
)
Respondents.
)
PLEASE TAKE NOTICE THAT TODAY WE FILED WITH THE Clerk ofthe Illinois
Pollution Control Board an
amended complaint, a copy ofwhich is served on you along
with this notice.
Section 103.204,
Section 103.206.
For the purpose of adding respondent
parties. You may be required to attend a hearing on a date set by the Board.
AMMENDED
COMPLAINT
1.
We claim that the noise, and vibrations generated from the gravel operation
adjacent
to our residence is an
enormous nuisance. It has severely disrupted the enjoyment of
our home and our neighbors homes
alike. We have witnessed minor structural
damage to our home. We also
feel the resale value ofour home has been negatively
effected. The property emitting the noise is owned by East
Side Materials L.L.C., and
operated by Carri Scharf Materials
Co. We allege the respondents are in violation of
Act 415 ILCS
5/24.
Act 415 ILCS
5/25.
35111.
Adm. Code 900.101.
35111. Adm.
Code
900.102.
35111.
Adm.
Code 900.104.
2.
We have been documenting the noise since the operation started in July of2002.
The
noise typically awakens us between 6:00-6:3Oam and lasts until
5:00-6:OOpm Monday
thru Friday. On Saturday worktypically starts at 6:00am and lasts until
12:O0noon.
Sunday work is not restricted, but we have rarely witnessed any substantial noises.
3.
The
noise
is constant with very
few interruptions.
At times household items rattle
in our home from the vibrations. We have documented noise from the various types
ofequipment used in the gravel operation. Examples ofthe most offensive noises are:
Large wheel-loaders operating and loading semi-trucks, at times within 50 feet ofour
property. Track-type tractors and large off-road dump trucks operating in close
proximity ofour property. The gravel processing equipment
elevated
and supported
by steel structures) used to separate, clean, and crush the aggregate, the closest being
located approximately 300 feet from
our back door.
4.
We feel it was very poor planning and judgement to place the main operation of the
mining facility directly behind our home. We seek full compliance to Illinois
Pollution Control Board Code.
We see no suitable relief except for the expedient
moving ofthe main operation to a more remote location.
Thank you for yourtime in this matter.
‘Notice to Respondent’
Failure
to
file
an
answer
to
this
complaint
within
60
days
may
have
severe
consequences. Failure to answer will
mean that all allegations
in
the complaint
will
be taken as if admitted for the purposes ofthe proceeding. Ifyou have any questions
about
this
procedure,
you
should
contact
the
hearing
officer
assigned
to
this
proceeding, the Clerk’s Office or an attorney. 35111. Adm. Code 103.204(1).
PROOF OF SERVICE
We
the complainants, the undersigned
statesthat the foregoing AMMENDED
COMP1~LNT,
was served via certified mail to each ofthe following parties on this date
ofJune~~2003.
TO:
Carol
Sudman
Hearing Officer
Illinois Pollution Control Board
600
S.
Second Street, Suite 402
Springfield, IL 62704
Ms.
Dorothy M. Gunn
Illinois Pollution Control Board
James R.
Thompson Center
100 W. Randolph Street, Suite 11-500
Chicago, IL 60601
Martin E.
Geber
Kathy L.
Geber
116 Donald Court
East Peoria, IL 61611
Telephone: (309) 699-7894
Carri Scharf Materials, Co.
P.O. Box305
Bloomington, IL 6 1702-0305
East Side Materials, L.L.C.
c\o Clayton W. Moushon
12025
N. Knoxville
Dunlap, IL 61525
/1(14/AID
2
Martin E.
& Kathy L. Geber