ILLINOIS POL1,UTION CONTROL BOARD
November
2,2006
DAL.E L. STANHIBEL,
)
1
Complainant,
1
vs.
)
)
TOM MAT Nbla TOM'S
) PCB
07-17
VEGETABLE MARKET
)
(Citizens Enforcement-Air, Noise)
1
Respondent.
)
1
1
)
AFFIDAVIT
I, Thomas C. Halat, on oath, hereby affirm:
1.
That I
am the Respondent in the above entitled and mattes and I am
President of Tom's Farm Market and Greenhouses. Inc.
2.
Tom's Farm Market and Greenhouses, Inc. does not do business as Tom's
Vegetable Market as alleged in the Complaint in this matter incorporated herein
by reference.
3.
I, as an agent of Tom's Farm Market and Greenhouses, Inc. obtained
nuisance animal removal permits
from the Illinois Conservation PoliceIIllinois Department of
Natural Resources to allow for the use of propane canons as a way to remove
redwing black birds
ffom the properly.
4.
No propane canons were utilized at any other time besides those times
authorized by said permits, copies of which are attached hereto and incorporated by reference as
group exhibit A.
5.
All permits obtained were in full force and effect for all dates and
times in which propane canons were utilized and propane cannons were specifically authorized
as a device able to be utilized under all permits. In 2005, propane cannons were utilized in the
southern portion of the property located at 10214 Algonquin Road, Huntley, Illinois 60142
which is adjacent to the property
ofthe complainant, from August 4,2005 to September 4,2005.
No cannons were utilized at that location in August prior to the issuance
ofthe permit nor were
any utilized after the permit expired on September 4,2005, as no need for animal removal
existed at the time.
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, JANUARY 9, 2007
6.
In 2006, propane cannons were only utilized for removal of redwing black
birds during the period of time authorized by the permit, September 8,2006 to October 8,2006.
No propane cannons were utilized before or after
these dates in 2006 as no need for animal
removal existed because the sweet
corn planted in that area was not attracting redwing black
birds prior to September 8,2006 and
the crops were picked prior to October 8,2006.
FURTHER AFFM SAYETH NOT
Respectfully Submitted,
Thomas
C.
Halat
Thomas
C. Halat
SUBSCRIBED and SWORN to
before me this
day
of
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Notary ~&lic
>-
Notary Public. State of Illinois
FRANKS, GERm
&
Mc
Attorneys for Respondent
19333
E. Grant Hwy, P.O. BOX 5
Marengo, Illinois 601 52
Telephone: (8 15)-923-2107
~ax:-(8
15)-923-2107
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ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, JANUARY 9, 2007
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, JANUARY 9, 2007
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ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, JANUARY 9, 2007
