State of Illinois
Pollution Control Board
James R. Thompson Center
100 W. Randolph Street, Suite 11-500
Chicago, Illinois 60601
http:/iwww .ipcb.state.ii
.usi
FORMAL COMPLAINT
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
In The Matter Of:
)
Robert Habeeb
)
Complainant(s),
)
v.
)
)
)
)
The Coach House Restaurant
)
Respondent(s)
01-t Iq
PCB2C
(For Board
-
use only)
RECEIVEDCLERK'S
OFFICE
MAY 1 E 2007
Pollution
STATE OF
Control
ILLINOISBoard
Note
: If you do not use this formal complaint form and instead draft and type your own,
it must contain all of the information requested by this form
. All items must be
completed
. If there is insufficient space to complete any item, you may attach additional
sheets, specifying the number of the item you are completing
. Once completed, you
must file the original and nine copies of the formal complaint, notice to respondent, and
certificate of service with the Clerk of the Board at the above address
.
1
. Your Contact Information
Name
:
Robert Habeeb
Street Address:
428 S rin wood Drive
Roselle Illinois 60172
County:
State:
Phone Number
:
2.
Place where you can be contacted during normal business hours (if
different from above)
Name:
First Hospitality Group
Street Address:
9700 West H' •
s'ns Road Suite 800
County:
State :
Phone Number: (847 )299- 9040
3.
Name and address of respondent (alleged polluter)
Name:
The Coach House Restaurant
Street Address
:
County:
State :
Phone Number:
Cook
Illinois
(630)307-8518
Rosemont Illinois 60018
Cook
Illinois
300 North Roselle Road
Roselle Illinois 60172
Cook
Illinois
(630)893-
0110
4.
Describe the type of business or activity that you allege is causing or
allowing pollution
(e.g.,
manufacturing company, home repair shop)
and give the address of the pollution source if different than the
address above
I would like to lodge a complaint and request that you take action with
respect to a business premise known as "The Coach House Restaurant"
located within your jurisdiction . The Coach House is located in
unincorporated Cook County and operates as a Tavern/ Restaurant Licensed
to serve alcoholic beverages, and offers both recorded and live
entertainment . It is well known as the subject of numerous complaints and
enforcement actions relating to its facilities and manor of operation
. In spite
of this "The Coach House" regularly promotes its music until 3 :30 am
(sometimes outdoors) at sound levels well in excess of those permissible
under the code, creating a nuisance to homeowners in the adjoining
residential area. Noise complaints are handled by the Cook County
Sheriff's Office but routinely reoccur evidencing a blatant disregard of the
public welfare on the part of management
.
5. List specific sections of the Environmental Protection Act, Board
regulations, Board order, or permit that you allege have been or are
being violated
Sections 9 .4 and 9 .33 of the Cook County Illinois Environmental Control
Ordinance(i.e
. Boisterous Use and Public/Private Nuisance)
6.
Describe the type of pollution that you allege (e.g., air, odor, noise,
water, sewer back-ups, hazardous waste) and the location of the
alleged pollution . Be as specific as you reasonably can in describing
the alleged pollution
Noise/ Public Nuisance
Respondent currently maintains a late night liquor license and emits loud
noise between the hours of 11 :00 p.m . until 4 :00 a.m. Most significantly
the respondent permits excessively pronounced "bass" style music and
disruptive parking lot noise . Also the Respondent's employees dump the
facility's garbage (bottles) behind the building in metal receptacles
throughout the night until 6 :00 a.m.
7. Describe the duration and frequency of the alleged pollution . Be as
specific as you reasonably can about when you first noticed the
alleged pollution, how frequently it occurs, and whether it is still
continuing (include seasons of the year, dates, and times of day if
known)
Respondent conducts business seven (7) nights per week and is licensed to
operate as a tavern until 4 :00 am. The alleged violations are fairly frequent
throughout that period but become more pronounced during periods when
the respondent offers recorded or live entertainment, particularly Thursday
through Saturday night/morning
. Violations can include minor disturbances
such as
the practice of disposing of glass bottles into a metal dumpster late
at night to significant disturbances over a long period of time that are the
result of playing music at a high decibel and boisterous disturbances from
patrons gathering in the parking lot
. There have been numerous fights and
other incidents occurring in the Respondent's parking lot .
8.
Describe any bad effects that you believe the alleged pollution has
or has had on human health, on plant or animal life, on the
environment, on the enjoyment of life or property, or on any lawful
business or activity
The Respondent's business adjoins a residential area . The alleged pollution
is a pervasive nuisance to the citizens who reside in that area
. Effects
include breach of peace and the health effects caused by disruption of sleep
or rest. Neighbors cannot sleep with their windows open
. Even with closed
windows the noise can be heard vividly through the closed double-paned
windows in my home. My youngest daughter (20 months) is often awoken
during the night due to the sounds from the Respondent's facility even
though her bedroom is on the other side of the house
.
9.
Describe the relief that you seek from the Board (e .g., an order that
the respondent stop polluting, take pollution abatement measures,
perform a cleanup, reimburse cleanup costs, change its operation, or
pay a civil penalty (note that the Board cannot orderr the respondent
to pay your attorney fees or any out-of-pocket expenses that you
incur by pursuing an enforcement action))
I respectfully request that you direct the appropriate enforcement officials
to investigate the operations of this business and take every action available
under the law to bring "The Coach House" into regular compliance with
regulations promulgated by the County and State . I believe that this
business clearly is in violation of both the letter and intent of the
environmental control ordinance and indeed presents a public nuisance .
Complainant requests that the board order respondent to cease and desist
any and all business practices that create a disturbance or create pollution
b noise in an wa
A similar action was taken in Burbank, Illinois against "Champps" which
required noise absorbing ceiling tiles and all doors closed
. This should be
the minimum of what is required for The Coach House as well as an
acceptable level of their bass music which actually vibrates the walls of my
home
. Further, their practice of disposing of waste should only be allowed
during normal business hours during the day
.
10.
Identify any identical or substantially similar case you know of that is
already pending before the Board or in another forum against this
respondent for the same alleged pollution (note that you need not
include any complaints made to the Illinois Environmental Protection
Agency or any unit of local government)
I know there have been numerous complaints against this Respondent with
the Cook County Sheriffs Office and Village of Roselle Police
Department .
11 .
State whether you are representing (a) yourself as an individual or
(b) your unincorporated sole proprietorship
. Also, state whether you
are an attorney and, if so, whether you are licensed and registered
to practice law in Illinois
. (Under Illinois law, an association, citizens
group, unit of local government, or corporation must be represented
before the Board by an attorney
. Also, an individual who is not an
attorney cannot represent another individual or other individuals
before the Board
. However, an individual who is not an attorney is
allowed to represent (a) himself or herself as an individual or (b) his
or her unincorporated sole proprietorship, though the individual may
prefer having attorney representation .)
I have retained The Law Office of William A
. Huff to represent me. The
contact person there is Robert Huff and his information is as follows
:
The Law Office of William A
. Huff
10450 South Western Avenue
Chicago, Illinois 60643
(7,73) 881-1100
(773
8 -1101(facsimil)
12 .
(Complainant's signature)
N
NOTICE TO RESPONDENT
NOTE: THIS STATEMENT MUST
BE INCLUDED IN THE SERVICE OF
THE
FORMAL COMPLAINT ON THE RESPONDENT
INFORMATION FOR RESPONDENT RECEIVING FORMAL COMPLAINT
Please take notice that today I filed with the Clerk of the Illinois Pollution Control
Board (Board) a formal complaint, a copy of which is served on you along with this
notice
. You may be required to attend a hearing on a date set by the Board
.
Information about the formal complaint process before the Board is found in the
Environmental Protection Act (Act) (415 ILCS 5/1 et seq .) and the Board's procedural
rules (35 III . Adm. Code 101 and 103)
. These can be accessed at the Board's Web site
(www.ipcb.state
. it.us). The following is a summary of some of the most important points
in the Act and the Board's procedural rules
. It is provided for general informational
purposes only and does not constitute legal advice or substitute for the provisions of
any statute, rule, or regulation
:
Board Accepting Formal Complaint for Hearing
; Motions
The Board will not accept this formal complaint for hearing if the Board finds that
= ~~ "' p!!cati e" or "frivolous" within the meaning of Section 31(d) of the Act (415
iLCS 5/3i(d)) and Section 1
0 i .202 of the Board's procedural rules (35 III
. Adm . Code
pending before the board or in court . See 3o iii
. Adrn. Coue 103 .2 i2la/ and item id of
the formal complaint .
rnvoious means that the tormai cornpiaint seeks relief tnat the tsoard ooes riot
have the authority to grant, or fails to state a cause of action upon which the Board can
grant relief
. For example, the board has the authority to order a respondent to stop
perform a cleanup or reimburse cleanup costs
. 1 tie board does not have the authority,
however, to award attorney fees to a citizen complainant
. See 35 tit . Adrn
. Code
103 .212(a) and items S and 9 of the formal complaint
.
If you believe that this formal complaint is duplicative or frivolous, you may file a
motion with the board, within 30 days after the date you were served with the complaint,
requesting that the Board not accept the complaint for heating
. i tie motion must state
the facts supporting your belief that the complaint is duplicative or frivolous
.
Memoranda, atfidavits, and any other ieievant documents may accompany 'Lire motion
.
If you need more time than 30 days to We a motion alleging that the complaint is
duplicative or frivolous, you must file a motion for an extension of time within 30 days
after service of the complaint
. A motion for an extension of lime must slate why yuu
need more time and the amount of
additional lime yuu need. i irneiy filing a
inuiion
alleging that the complaint is duplicative or frivolous will stay the 60-day period for filing
an answer to the complaint
. See 35 III . Adm . Code 103 .204, 103 .212(b) .
All motions filed with the Board's Clerk must include an original, nine copies, and
proof of service on the other parties . Service may be made in person, by U .S . mail, or
by messenger service . Mail service is presumed complete four days after mailing
. See
35 III . Adm . Code 101 .300(c), 101 .302, 101 .304 .
If you do not respond to the Board within 30 days after the date on which the
complaint was served on you, the Board may find that the complaint is not duplicative or
frivolous and accept the case for hearing . The Board will then assign a hearing officer
who will contact you to schedule times for telephone status conferences and for
hearing . See 35 III . Adm . Code 103 .212(a).
Answer to Complaint
You have the right to file an answer to this formal complaint within 60 days after
you receive the complaint
. If you timely file a motion alleging that the complaint is
duplicative or frivolous, or a motion to strike, dismiss, or challenge the sufficiency of the
complaint, then you may file an answer within 60 days after the Board rules on your
motion . See 35 III . Adm . Code 101
.506,103 .204(d), (e), 103 .212(b).
The Board's procedural rules require the complainant to tell you as respondent
that:
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 purposes
of this proceeding
. If you have any questions about this procedure,
you should contact the hearing officer assigned to this, proceeding,
the Clerk's Office or an attorney. 35 III . Adm. Code 103 .204(f) .
Necessity of an Attorney
Under Illinois law, an association, citizens group, unit of local government, or
corporation must be represented before the Board by an attorney
. In addition, an
individual who is not an attorney cannot represent another individual or other individuals
before the Board . However, even if an individual is not an attorney, he or she is allowed
to represent (1) himself or herself as an individual or (2) his or her unincorporated sole
proprietorship . See 35 III . Adm . Code 101 .400(a) .
Such an individual may nevertheless
wish to have an attorney prepare an answer and any motions or briefs, and present a
defense at hearing
.
Costs
In defending against this formal complaint, you are responsible for your attorney
fees, duplicating charges, travel expenses, witness fees, and any other costs that you or
your attorney may incur. The Board requires no filing fee to file your answer or any
other document with the Board .
The Board will pay any hearing costs (e .g., hearing
room rental, court reporting fees, hearing officer expenses) .
If you have any questions, please contact the Clerk's Office at (312) 814-3629 .
ve ea
Complainant's signature)
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Subscribed to and sworn before me
his
1/ day
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, on oath or affirmation,
the fo going and that it is accurate to the best of my knowledge .
+CERTIFICATION
(optional but encouraged)
My commission expires: 0/C
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AL SEAL
THERESE A STUCKEY
NhTAPV PUBLIC - STATE OF ILLINOIS
;OMMISSION EXPIRES
.04110111
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CERTIFICATE OF SERVICE
I, the undersigned, on oath or affirmation, state that on 6/11t-4 ` /
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, 20
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,
I served the attached formal complaint and notice on the re*ondent by
/ certified mail (attach copy of receipt if available,
V otherwise you must file receipt later with Clerk)
registered mail (attach copy of receipt if available,
otherwise you must file receipt later with Clerk)
messenger service (attach copy of receipt if available,
otherwise you must file receipt later with Clerk)
personal service (attach affidavit if available,
otherwise you must file affidavit later with Clerk)
at the address below:
RESPONDENT'S ADDRESS
:
Name TR
C0c.,
(list
City,
Streetstate,
each
3UU
respondent's
zip
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codeP name
and address if multiple
2 -
respondent)
Complainant's signature
Subscribed t and sworn before
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state,
me
`Izazip
code
this
day
f
Notary Public
THERESE A`
STUUCKEY
NOTARY
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COMMISSION
PUBLIC -STATE
EXPIRESOF
:01110117ILLINOIS
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