Li
State
Of
Illinois
Pollution
Control
Board
James
R
Thompson
Center
100
W
Randolph
Street
Suite
11-500
JAN
U
5
UU
FORMAL
COMPLAINT
POjIUtj
STATE
OF
Control
ILLINOIS
Board
Before
the
Pollution
Control
Board
In The
Matter
Of:
j
Jerrald
R
West II
j
I
J
Complainant(s)
-vs-
j
]
PCB2O
Nokomis
Quarry
Company
]
{for
Board
Use
Only}
P.O.
Box#90
Nokomis,
Ii 62075
]
AKA:
P.O.
Box
#500244
]
St
Louis,
MO.
63
150-0244
]
RESPONDENT {s}
NOTE:
If
you do
not
use
this formal
complaint
form
and
instead
type
and
draft
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
9
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:
Street
Address:
County:
State:
Phone
Number:
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2.
Place where you can be contacted
during
normal
business hours
(if
different from
above)
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3.
Name
and address of
respondent
(alleged polluter).
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Name:
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Street
Address:
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Address:
County:
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Phone Number:
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Phone
Number:
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4.
Describe the type of business or
activity that you aNege 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.
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5.
List
specific
sections
of
the Environmental
Protection
Act,
Board
regulations,
Board
order,
or
permit
that
you
allege
have
been
or
are
being
olatd
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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
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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)
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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 aôtivity
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h
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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 order
the respondent
to pay
your
attorney
fees
or any
out-of-pocket
expenses that you
incur by
pursuing
an
enforcement action))
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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)
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.)
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12.
Complainant
s signature)
CERTIFICATION
(optional
but
encouraged)
I,
7vrJd
A9
1,t1eI-
, on oath
or
affirmation,
state that
I have
read
the
foregoing
and
that
it
is accurate
to the
best
of
my
knowledge.
Subscribed
to
and
sworn
before
me
this
day
of
,20_.
Notary
Public
My
commission
expires:
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
Ill. Adm.
Code
101
and
103).
These
can be
accessed
at the
Board’s
Web
site
(www.ipcb.state.il.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
it is
either
“duplicative”
or “frivolous”
within the
meaning
of
Section
31(d)
of the
Act
(415
ILCS
5/31(d))
and
Section
101 .202
of the
Board’s
procedural
rules
(35
Ill. Adm.
Code
10t202).
“Duplicative”
means,
that
an identical
or
substantially
similar
case
is already
pending
before the
Board
or in
court.
See
35 Ill. Adm.
Code
103.212(a)
and item 10
of
the
formal
complaint.
“Frivolous”
means
that the formal
complaint
seeks
relief that
the Board
does not
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
polluting
and
pay a
civil
penalty,
to
implement
pollution
abatement
measures,
or
to
perform
a
cleanup
or reimburse
cleanup
costs.
The Board
does not
have
the authority,
however,
to
award
attorney
fees
to
a
citizen complainant.
See 35
Ill.
Adm.
Code
103.212(a)
and
items 5
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 hearing.
The motion
must state
the
facts
supporting
your belief
that
the
complaint
is
duplicative
or frivolous.
Memoranda,
affidavits,
and any
other
relevant
documents
may
accompany
the
motion.
If you
need
more
time
than
30 days
to
file
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 time
must state
why
you
need
more
time
and the amount
of
additional
time you
need. Timely
filing
a
motion
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
IJI.
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.
P3
/I
(Source:
Amended
at
20
III.
Reg.7605,
effective
May
22,
1996)
Section
212.209
Village
of
Winnetka
Generating
Station
(Repealed)
(Source:
Repealed
at
20111.
Reg.
7605,
effective
May
22,
1996)
Section
212.210
Emissions
Limitations
for
Certain
Fuel
Combustion
Emission
Units
Located
in
the
Vicinity
of
Granite
City
a)
No
person
shall
cause
or
allow
emissions
of
PM-10
into
the
atmosphere
to
exceed
12.9
ng/J
(0.03
lbs/mrnbtu)
of
heat
input
from
fuels
other
than
natural
gas
during
any
one
hour
period
from
any
industrial
fuel
combustion
emission
units,
other
than
in
an
integrated
iron
and
steel
plant,
located
in
the
vicinity
of
Granite
City,
which
area
is
defined
in
Section
21
2.324(a)(
1
)(C)
of
this
Subpart.
b)
Emission
units
shall
comply
with
the
emissions
limitations
of
this
Section
by
May
ii,
1993,
or
upon
initial
start-up,
whichever
occurs
later.
(Source:Amended
at
20
III.
Reg.7605,
effective
May
22,
1996)
SUBPART
K:
FUGITIVE
PARTICULATE
MATTER
Section
212.301
Fugitive
Particulate
Matter
No
person
shall
cause
or
allow
the
emission
of
fugitive
particulate
matter
froii-y
including
or
storage
activity,
that
is
visible
by
an
observer
looking
generally
toward
the
zenith
point
beyond
thepjoperty
line
of
the
sQuce.
(Source:
Amended
at
20
III.
Reg.7605,
effective
May
22,
1996)
Section
212.302
Geographical
Areas
of
Application
a)
Sections
212.304
through
212.310
and
212.312
of
this
Subpart
shall
apply
to
all
mining
operations
(SIC
major
groups
10
through
14),
manufacturing
operations
(SIC
major
groups
20
through
39
except
for
those
operations
subject
to
Subpart
S
of
this
Part
(Grain-Handling
and
Grain-Drying
Operations)
that
are
outside
the
areas
defined
in
Section
21
2.324(a)(
1)
of
this
Part),
and
electric
generating
operations
(SIC
group
491),
which
are
located
in
the
areas
defined
by
the
boundaries
of
the
following
townships,
notwithstanding
any
political
subdivisions
contained
therein,
as
the
township
boundaries
were
defined
on
October
1,
1979,
in
the
following
counties:
Cook:
All
townships
P
/,
(415
ILCS 5/3.115)
(was
415
ILCS
5/3.02)
Sec.
3.115.
Air
pollution.
“Air
pollution”
is the
presence
in the
atmosphere
of
one
or
more
contaminants
in sufficient
quantities and
of
such
characteristics
and
duration
as
to be
injurious
to human,
plant,
or
animal
life,
to
health,
or to
property,
or
to
unreasonably
interfere
with
the
enjoyment
of
iifeor
property.
(Source:
P.A.
92—574,
eff.
6—26—02.)
(415
ILCS
5/3.120)
(was
415
ILCS
5/3.03)
Sec.
3.120.
Air
pollution
control
equipment.
“Air
pollution
control
equipment”
means
any equipment or
facility
of
a
type
intended
to
eliminate,
prevent,
reduce
or
control
the
emission
of
specified
air
contaminants to the
atmosphere.
Air
pollution
control
equipment
includes,
but
is not
limited
to,
landfill
gas
recovery
facilities.
(Source:
P.A.
92—574,
eff.
6—26—02.)
Continuing
Recovery
Center
Awarded
$20,000
State
Grant
IRVING
-
The
Continuing
Recovery
Center
in
Irving
was
awarded
a
one-time
$20,000
state
grant
this
past
legislative
session,
and
CRC
leaders
were
able
to
say
‘Thanks”
on
Friday,
when
50th
Distriet
Senator
Vince
Demuzio
and
Brenda
Stanbury
from
the
Dept.
of
Human
Services
toured
the
facil
ity.
The
one-time
allotment
from
.-surplus
state
funds
was
used
to
purchase
a
van,
computer
and
refrigerator,
plus
do
tuckpoint
ing
on
the
center,
the
former
Irvingschool
building,
and
other
general
maintenance.
The
center,
which
currently
houses
14
individuals
and
has
a
waiting
list,
has
been
serving
the
homeless,
alcohol
and
substance
abuse
victims
for
11
years.
It
wasthe
state’s
first
recovery
cen
ter
and
is
one
of
only
three
oper
ating
now
in
Illinois.
Executive
Director
Jerrald
West
said
that
CRC
is
a
success
story,
with
24%
of
its
former
clients
staying
sober,
compared
to
a
national
average
of
3%.
West
thanks
the
Illinois
Dept.
of
Human
Services
Bureau
of
Homeless
Services
&
Supportive
Housing
as
well
as
the
Office
of
Alcoholism
and
Substance
Abuse
for
its
continued
contrac
tual
support
and
belief
in
the
CRC
mission.
Members
of
the
center’s
board
of
directors
are
Harold
Jurgena,
Cheryl
Sale,
Michael
Martinez,
Lyn
Lanter,
Billy
Smith,
Dr.
Doug
Byers,
Atty.
Warren
Benning
and
Jerrald
West.
Senator
Vince
Demuzio,
center,
chebks
out
dne
of
the
books
in
the
CRC
library
during
his
tour
of
the
facility.
Pictured
(l-r):
David
Keppler,
CRC
adviser;
Brenda
Hanbury
of
the
Illinois
Dept.
of
Human
Services;
Cheryl
Sale,
CRC
board
member;
and
Jerrald
West,
CRC
executive
director.
News
photo
