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    \
    r
    232003
    ILLINOIS
    POLLUTION
    CONTROL
    BOARD
    STAft.
    (W
    LL1NOIS
    Pollution
    Control
    Board
    MILTON
    and
    VIRGINIA
    KAMHOLZ
    )
    )
    COMPLAINANTS
    )
    PCB
    02-41
    )
    (Citizen’s
    Enforcement
    case Air,
    Noise)
    )
    v.
    )
    )
    LAWRENCE
    and
    MARIANE
    SPORLEDER
    )
    )
    )
    RESPONDENTS
    )
    NOTICE
    OF
    FILING
    To:
    The Clerk
    of
    the Board
    Illinois
    Pollution
    Control Board
    100 W.
    Randolpph
    Street
    James
    R
    Thompson
    Center
    Suite 11-500
    Chicago, Illinois
    60601
    To:
    Bradley
    0.
    Halloran
    Hearing
    Officer
    Illinois
    Pollution Control
    Board
    100 W.
    Randolph
    Street
    James
    R
    Thompson
    Center
    Suite 11-500
    Chicago,
    Illinois
    60601
    To:
    Joseph
    Gottemoller,
    attorney for
    the
    Respondents
    Madsen,
    Sugden,
    and
    Gottemoller
    One
    North
    Virginia
    Street
    Crystal
    Lake,
    Illinois 60014
    (815)
    459 5152
    PLEASE
    TAKE
    NOTICE
    that
    I have today
    filed
    with
    the
    Office of the
    Clerk of the
    Pollution
    Control
    Board,
    and to
    Hearing
    Officer
    Bradley Halloran,
    the Complainant’s
    Reply Brief.
    This
    filing is
    being
    issued
    by
    the
    Complainants,
    Milton
    and
    Virginia
    Kamholz,
    and
    is directed
    to
    the Board,
    and to
    Hearing
    Officer
    Bradley
    Halloran.
    A copy
    is herewith
    served
    upon
    you.
    Milton
    and
    Virginia
    Kaolz
    , Compinants
    Milton and
    Virginia
    Kamholz
    1306
    Sullivan
    Rod
    Woodstock,
    Illinois 60098
    (815)
    568
    6166
    January 21,
    2003

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    BEFORE
    TNE
    ILLiNOIS
    POLLUTION
    J[1’dLrü[b
    CONTROL
    BOARD
    2
    3
    2003
    )
    S.a.tiE
    OF
    ILLINOIS
    )
    Pollution
    Control
    Board
    MILTON
    C. and
    VIRGINIA
    L. KAMHOLZ
    )
    )
    Complainants
    )
    BCB
    02-41
    )
    (Citizen’s
    Enforcement-
    Air,
    Noise)
    v.
    )
    )
    LAWRENCE
    and MARIANE
    SPORLEDER
    )
    )
    Respondents
    )
    )
    COMPLAINANT’S
    REPLY BRIEF
    NOW
    COME
    the complainants,
    MILTON
    and
    VIRGINIA
    KAMHOLZ,
    on their
    own behalf,
    to reply
    to RESPONDENT’S
    SUPPORTING
    BRIEF,
    and
    in
    support
    of
    their own position,
    submit
    the following
    brief.
    ALLEGED
    VIOLATIONS
    Complainants
    allege
    that the
    Respondents
    violated
    Section
    9 (a)
    of the Environmental
    Protection
    Act,
    (Act) (415
    ILCS
    5/9 (a),
    (Act)
    (415 ILCS
    5/24 (2000),
    and Sections
    900.102,
    900.102(a),
    of the
    Board
    regulations.
    (35
    Ill.
    Adm.
    Code
    900.102,
    901.102(a).
    These
    alleged
    violations occurred
    due to the
    riding
    of dirt bikes,
    ATVs,
    go-carts,
    a
    truck,
    and numerous
    cars.
    Section
    9(a)
    of
    the
    Act, states,
    No person
    shall cause or
    threaten
    or
    allow
    the discharge
    or
    emission of
    any
    contaminant
    into
    the
    environment
    in
    any
    state,
    so
    as to
    cause
    or tend
    to cause air
    pollution
    in Illinois.
    415 ILCS
    5/9
    (a)
    (2000)
    Section
    3.02 of
    the
    Act defines
    “air
    pollution”
    as: 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
    life
    or property.
    415 ILCS
    5/3.02
    (2000)

    2
    Section
    900.102
    of the
    Board
    regulations
    provides
    that:
    No person
    shall cause
    or
    allow the
    emission
    of sound
    beyond
    the boundaries
    of
    his
    property,
    as
    property
    is
    defined
    in
    Section
    25
    of the
    (Act),
    so
    as
    to
    cause
    noise
    pollution
    in
    Illinois,
    or
    so as
    to
    violate
    any
    provision
    of
    this Chapter.
    35 ILL.
    Adm.
    Code
    90 1.102.
    Section
    900.101
    of the Board
    regulations
    defmes
    “noise
    pollution”
    as:
    The
    emission
    of
    sound that
    unreasonably
    interferes
    with
    the
    enjoyment
    of
    life
    or with
    any lawful
    business
    or
    activity.
    35
    III.
    Adm.
    Code
    900.101
    Section
    901.102(a)
    of
    the
    Board”s
    regulations
    prohibits
    emitting
    sound
    above
    numeric
    limits
    during
    daytime
    hours
    from
    a
    source
    on
    Class
    A, B,
    or
    C land
    to any
    receiving
    Class
    A
    land. See
    Ill.
    Adm
    Code
    901.102(a)
    FACTS
    A formal
    complaint
    containing
    these
    alleged
    violations,
    was served
    upon
    the
    Respondents
    on November
    11, 2001.
    The
    Board
    accepted
    the
    complaint,
    and
    on November
    19,
    2002,
    a
    hearing
    was held.
    The
    Complainants
    decided
    not
    to
    file
    a
    brief,
    however
    the Respondents
    did
    file
    one.
    The following
    is
    our response
    to
    their
    brief,
    and
    to
    their
    alleged
    established
    facts.
    Page 3,
    Paragraph
    1, under
    FACTS,
    MR.
    GOTTEMOLLER,
    respondents
    attorney,
    states
    that
    the 1993
    Polariis
    350
    ATV,
    is
    a
    required
    piece
    of
    machinery,
    needed
    for
    maintenance
    purposes.
    REPLY
    By saying
    nothing
    more
    than this
    about
    the ATV,
    he
    implies
    that this
    is
    the
    main and
    only
    purpose
    for this
    vehicle.
    Complainants
    allege
    that this
    ATV
    is used
    once
    or
    twice a
    year for
    maintenance
    purposes,
    and the
    rest
    of
    the time
    it
    is
    used by
    the grandson
    to
    rod around
    on,
    as
    he desires.
    Kamholz
    made
    numerous
    attempts
    to
    establish
    this
    fact.
    Tr.
    275,
    291, 292.
    As
    the
    videos
    show,
    the ATVs
    are
    ridden
    often, and
    are
    responsible
    for
    much
    of the noise,
    dust,
    and
    smelly
    exhaust
    fumes,
    that are
    being complained
    about.
    It
    is
    obviously
    a
    desired
    piece
    of
    equipment,
    not
    a required
    piece
    of
    equipment.

    3
    MR.
    GOTTEMOLLER
    also states
    that the surrounding landowners
    use similar vehicles,
    ride them
    in
    the
    ditch line parallel
    with
    Sullivan
    Road,
    and asks SPORLEDER
    if KAMHOLZ complains
    about them.
    (Tr.
    285, and 286) SPORLEDER
    answers
    on line
    7, and adds,
    “nor
    the neighbors to the north
    who has a
    dirt bike”
    REPLY:
    Here
    again he
    implies
    something that does not
    exist the way it
    is intended
    to
    make one
    believe. The
    Kamholzs’
    haven’t ever complained
    because
    there’s
    simply nothing to complain
    about.
    There
    are no
    violations of the
    law involved. The west
    neighbor is
    a 68
    acre farm, and an ATV
    drives past in the
    ditch
    line
    once or twice a year.
    They do
    not rod
    around. The north neighbor
    owns a dirt
    bike,
    but doesn’t ride it.
    SPORLEDER
    tries to paint a
    different picture.
    Page 3,
    Paragraph
    2, contains
    four misleading
    statements. It reads: Further
    , it was
    established that over the
    past sixteen years,
    SPORLEDER
    allowed their
    grandchild
    to
    operate mini-bikes
    and
    motorcycles
    on their
    own
    property. That the
    vehicles were
    factory
    built(Tr287).
    The time allowed
    for said
    operation
    was set
    by
    SPORLEDER from
    11:00 am to 8:00
    p.m.
    and
    that the
    grandchild
    owns
    one
    dirt bike at the
    time
    of hearing.
    Tr256)
    In addition, it
    was undisputed
    that
    SPORLEDER has not
    allowed the
    use
    of any truck
    or
    car
    on the
    property
    itself since 1997.
    REPLY
    The use of the
    word grandchild,
    implies one
    small child. It should read
    grandchildren,
    other family
    members, and
    friends. Only
    mini- bikes and motorcycles
    are
    mentioned
    as
    the vehicles
    ridden over the past
    16 years.
    For the
    record, it’s
    been
    dirt bikes, ATVs, go carts,
    a
    truck and
    a couple of
    cars.
    Mini bikes
    haven’t been
    ridden
    over there for a long time.
    “Vehicles
    are
    factory
    built” is a true
    enough statement,
    but
    we
    still question
    the
    extremely
    high
    decibel readings
    on
    the
    ATV?
    (Exhibit # 15,
    and
    video tape.
    )
    The
    time
    allowed for
    riding was 10:00 am,
    not
    11:00 am.
    The 11:00
    am
    time
    stated
    by
    MRS.
    SPORLEDER,
    (Tr
    255)
    was an
    error,
    and gave
    us an hour
    of reliefthat we
    never really got. MR.
    SPORLEDER
    states
    10:00
    am
    which is
    correct, (Tr.299)
    The fact that the
    grandchild owns
    1 dirt bike at time of
    hearing. (Tr
    256)
    implies
    again
    that
    we are talking about a child
    instead of a
    21 year old adult
    man. One
    dirt
    bike
    implies
    that
    this is the only
    vehicle this person
    rides.
    Our
    video
    shows different.
    The truck has
    not been
    driven
    on the
    property
    since
    1997,
    but not because MR.
    SPORLEDER
    disallowed it. It
    was
    simply
    because
    the
    grandson
    that drove it
    turned 16 in
    June
    of 1997,
    and got a
    driver’s
    license. The
    offense still
    occurred, and
    was
    stated in
    the
    complaint
    because it was a part of
    the ongoing violations
    of that time
    period. It also
    shows
    a pattern
    of
    behavior.

    4
    PAGE
    3, PAR
    3 states
    SPORLEDER
    testified
    that
    their grandson
    would
    educate
    himself
    by
    working
    on
    the dirt
    bikes
    and
    br trucks,
    and
    by doing
    so,
    he
    would
    learn
    how to
    fix
    motors,
    and learn
    other
    mechanical
    skills (Tr253)
    and that
    they
    allowed
    the
    riding
    so that
    their grandson
    would
    keep
    out of
    trouble
    (Tr 270-27
    1 and
    because
    of
    the rural
    nature
    of
    the
    area,
    there
    was not
    of other
    activity
    for an
    adolescent
    (Tr.286)
    REPLY:
    In SPORLEDER’S
    attempts
    to justify
    their
    grandson’s
    activity,
    KAMHOLZ
    can
    only
    refer
    to
    the fact
    that their
    grandson
    quit school
    as soon
    as
    he turned
    16.
    (Tr
    83) If education
    was so important
    to
    the
    SPORLEDERS,
    it
    seems he
    would have
    finished
    his
    education
    in school.
    That
    also would
    help
    to
    keep
    him
    out of trouble.
    There
    are
    many activities
    in
    rural
    areas, this
    was just
    their
    choice. SPORLEDERS
    tried
    to
    make
    his riding
    appear to
    be about
    learning,
    instead
    of fun
    and frolic.
    KAMHOLZ
    objected
    to this
    questioning
    (Tr
    251-252-253-
    and 254).
    Whether
    he was
    learning
    or
    not, had
    nothing
    to
    do with
    the
    way
    he
    rodded
    around
    the property.
    It had
    nothing
    to do with
    the
    noise,
    dust,
    and smelly
    exhaust
    fumes
    he
    was
    creating.
    PAGE
    3,
    LAST
    PAR.;
    states
    After
    receiving
    the
    KAMHOLZ
    complaint,
    and
    learning
    that
    an
    action
    was
    pending,
    the
    grandson
    has
    not
    ridden
    a dirt
    bike
    or
    ATV on
    the property.
    Further,
    SPORLEDER
    attempted
    to
    resolve
    the
    alleged
    problem
    by
    restricting
    the
    riding of
    dirt
    bikes
    and ATVs
    so
    that the riding
    (
    PAGE
    4)
    avoided
    the abutting
    corner
    of the
    KAMHOLZ
    property.
    Additionally,
    evergreen
    trees
    were
    planted
    to
    buffer
    the sound
    of the
    vehicles.
    (Tr 259-260)
    SPORLEDER
    testified
    that the
    riding
    did
    not
    cause
    noise,
    which
    bothers
    them
    (Tr 286),
    and that
    SPORLEDER
    entertained
    guests
    while
    the
    riding
    took place
    (Tr 288-
    89)
    REPLY:
    The
    riding
    did continue
    after
    the
    complaint
    was
    received
    as seen
    on video
    # 3.
    The complaint
    was
    served
    upon
    the
    SPORLEDERS
    by
    messenger,
    on November
    11, 2001.
    This
    is
    a matter
    of record,
    even
    though
    SPORLEDERS
    still
    maintain
    that
    it
    was
    not served
    until
    December.
    The
    riding stopped
    for
    the
    winter,
    in 2001,
    and
    did
    not resume
    in
    2002.
    There
    was
    absolutely
    no
    attempt
    to resolve
    the alleged
    problem
    by
    restricting
    the
    riding
    to
    avoid
    the abutting
    corner
    of
    the
    Kamholz
    property..
    Video
    shows
    this.
    Exhibit
    #
    13,
    the diagram
    of the
    properties,
    shows
    the
    diagonal
    path,
    and
    it states
    right
    on there,
    that
    sometimes
    the
    boys
    ride
    in
    that
    direction.
    It’s
    always
    been
    that
    way, and
    they
    did it on
    their own.
    High
    decibel
    readings
    (Tr 218,222,223,
    and
    exhibit
    #
    15
    )
    shows
    that
    the
    diagonal
    path didn’t
    ,and
    wouldn’t
    make
    a difference
    in
    the
    noise.
    MR.
    ZAK
    testified
    that
    the noise
    distance
    of
    75
    A weighted
    300 to
    400
    feet
    away,
    and
    as
    high
    as 90 close
    to the
    property
    line
    .(Tr
    218)
    He speaks
    of
    noise
    variations
    in (Tr
    221-222-

    5
    Top
    of
    Page
    4 con’t
    and
    223)
    The
    wide range
    of
    readings
    take
    in
    SPORLEDER’S
    entire
    property.
    MR.
    and
    MR
    SPORLEDER
    both
    testified
    that
    evergreens
    were
    planted
    to
    buffer
    the
    noise.
    (Tr
    259-260
    301-302.)
    There
    are
    4 evergreens
    approximately
    8 feet
    tall,
    and
    another
    6 tiny
    evergreens
    approximately
    3
    feet tall.
    The first
    row
    was planted
    In 1997,
    and
    were
    about
    3
    feet
    tall
    at the
    time.
    They are
    now
    8
    feet.
    The
    second
    row
    was
    planted
    in
    2000.
    They
    are
    now 3
    feet tall.
    I
    video
    from
    my
    window,
    and
    I had
    a clear
    view
    of the
    riding.
    If
    the line
    of vision
    is
    not obscured,
    the
    path
    of
    sound
    waves
    will
    not
    be obscured.
    Please
    see
    exhibit
    # 14,
    Photos
    #23
    , 26,
    and 29.,
    taken
    in 2001...
    These
    trees
    are
    not
    a sound
    barrier
    by any
    stretch
    of the
    imagination,
    but
    definitely
    misleading
    testimony.
    Page
    4
    Par. 2
    states:
    In
    their
    complaint,
    KAMHOLZ
    complained
    that the
    alleged
    violations
    were
    on
    a
    continued
    basis
    since
    1993.
    Testimony
    revealed
    that
    they
    have not
    spoken
    with
    SPORLEDER
    since
    1993
    (Tr
    248)
    Moreover
    it
    was
    in
    1993
    that Kamholz
    complained
    that
    SPORLEDER
    had
    improperly
    burned
    material
    in
    violation
    of County
    Code.
    (Tr
    248)
    REPLY
    (Tr
    248-249)
    MRS
    SPORLEDER
    states
    that
    our
    last
    conversation
    was in
    1993
    when the
    burning
    STARTED.
    This
    is wrong.
    Our
    conversation
    stopped
    when
    the
    burning
    STOPPED,
    which
    was
    in JULY
    of
    1995.
    There
    were
    still
    many
    conversations
    between
    1993
    and
    1995.
    Many
    were
    to
    request
    that
    MR.
    SPORLEDER
    please
    stop
    burning
    noxious
    smelling
    materials.
    (Tr
    26 1-262-263-264-265-292
    293 294)
    The
    alleged
    violations
    listed
    in
    our complaint
    did
    start
    in 1993,
    (Question
    # 7 of
    the Complaint)
    however
    they
    were
    not
    of
    a
    serious
    nature
    until
    1995
    with
    the
    arrival
    of
    the
    first
    dirt
    bike.
    Burning
    was
    not
    an issue
    in our
    complaint
    because
    that
    was
    settled
    by
    the
    McHenry
    County
    Health
    Department.
    We
    didn’t
    even
    know at
    that
    time
    that
    we
    were going
    to
    have
    a
    dirt
    bike
    and
    ATV
    problem
    in
    the near
    future.
    The
    burning
    issue was
    resolved
    before
    the dirt
    bike
    came.
    SPORLEDERS
    stopped
    speaking
    to KAMHOLZS,
    when
    the
    county
    made
    them
    stop
    burning.
    That
    had
    nothing
    to
    do
    with this
    complaint.
    PAGE
    4 Par
    3
    states:
    Further
    testimony
    showed
    that
    KAMHOLZ
    made
    no
    attempt
    to
    contact
    SPORLEDER
    and resolve
    the
    alleged
    riding
    problem.
    (Tr
    289) Moreover,
    SPORLEDER
    testified
    on cross
    examination
    by
    KAMHOLZ
    that
    they
    would
    have
    stopped
    the riding
    if KAMHOLZ
    had
    contacted
    SPORLEDER (Tr
    269)
    REPLY:

    6
    Page 4 Par.
    3con’t
    REPLY:
    KAMHOLZ
    maintains
    that
    SPORLEDER
    did indeed
    know
    of the problem.
    It’s
    a
    matter
    of record that
    MRS SPORLEDER
    signed
    for
    a registered letter
    on August
    10,
    1996, which
    spelled
    it all
    out
    for them.
    The letter
    told them
    that their
    noise was driving
    the KAMHOLZS’
    crazy, and
    asked
    them to please
    stop.
    (See exhibit
    #
    6, the
    letter, with
    signed
    receipt.)
    MRS
    SPORLEDER
    testified
    to
    MR.
    GOTFEMOLLER,
    that KAMHOLZ
    never
    contacted them.
    SPORLEDER
    states that if
    KAMHOLZ
    would
    have called,
    and
    tried talking
    in a nice manner,
    SPORLEDER
    would have
    had
    them stop riding
    over there. (Tr 258).
    SPORLEDER
    DIDN’T
    HAVE
    THE DIRT
    BIKE iN 1993.
    The noise was
    not an issue in 1993.
    That was
    the burning
    time period,
    and
    phone calls
    didn’t
    help that
    situation.
    SPORLEDER
    S stopped speaking
    to
    KAMHOLZS
    after
    the County
    Health
    Department
    made them
    stop burning
    in July of 1995, and
    that was
    the
    reason for
    the
    letter rather than
    a
    phone
    call.
    PAGE 4
    PAR. 4 states: Video
    evidence
    was also
    introduced
    by
    KAMHOLZ.
    SPORLEDER directs the
    Board to important
    facts
    revealed
    by
    the video.
    A portion
    of the video involves
    the driving of a pick
    up,
    which
    has not occurred
    in over five years
    as previously
    stated. More importantly,
    Kamholz make
    the
    following
    comments
    while
    the video tape:
    “ATVs
    and mini
    bikes
    are no
    problem.”
    Tr 90.
    It has been
    a
    long
    time
    since we had riding
    goin on,this bike
    is
    a little quieter:
    (Tr
    90) “he went
    up
    on the other
    side.
    That
    is good. It is not
    so
    loud
    when he goes
    up there” (Tr
    91)
    REPLY
    Regarding the
    comments about
    the
    pick
    up truck,
    Kamholz
    doesn’t know
    what
    SPORLEDER means
    here.
    KAMHOLZ acknowledges
    the fact that the
    truck
    stopped
    riding around
    the property in 1997.
    However this fact by
    no means minimizes
    the truck
    activity
    during that time
    period. I was
    a
    very
    stressful
    period of time and was
    in
    serious violation
    of
    dust and
    smelly exhaust
    fumes. (The noise wasn’t
    as bad as
    the dirt bikes, and ATVs)
    This
    activity
    displayed
    a pattern
    of behavior that
    was worsening each
    year
    as the
    offenders got
    older.. As far
    as
    the comments make
    by MRS. KAMHOLZ
    on the videos,
    Kamholz
    tried
    to explain them as MR.
    GOTTEMOLLER
    brought
    them
    up, but MR.
    GO1TEMOLLER wouldn’t
    allow
    it.
    (Tr 89,
    90,
    91, 92) KAMHOLZ
    did
    get
    an
    opportunity to explain
    later, (Tr 95, 96,
    97,
    126,)
    and
    on Tr 128, KAMHOLZ
    said, “years
    back
    the Atvs
    didn’t
    bother
    us” The kids
    were smaller then. Now
    we
    get 90 decibel readings
    on
    an ATV
    that’s 100 feet
    away from
    you,
    spinning around kicking
    up dust and
    expelling
    exhaust
    fumes.
    Also, they
    aren’t
    riding
    mini bikes any
    more.
    MR ZAK
    testifies
    about intensity
    and
    variation of
    sound levels,
    (Tr
    218
    and 221)

    7
    PAGE
    4
    LAST
    PAR. States: Further,
    the video does
    not show any
    dust
    accumulation,
    nor
    exhaust
    pollution.
    In fact
    KAMNOLZ
    have
    their windows
    and
    door
    exposed
    to the
    natural
    air during the video.
    REPLY
    _There are many
    references
    to dust
    and
    smelly
    exhaust in
    the
    videos and through
    out the transcript. (Tr
    71,
    75,
    80,
    83, 85, 124,
    155,
    156, 175,
    177, 190, 277, 297)
    PAGE 5 PAR. 1 states:
    Finally,
    the
    video shows
    only
    a limited number of
    days. (9dates are listed)
    REPLY
    There
    are
    a
    lot
    more than
    9
    days of riding
    on the video. There
    are 33 different
    days
    of riding
    activity
    on
    the videos,
    covering
    a period
    of time from
    June 1997 to November
    of 2001. Video #
    4
    was taken
    in
    2002,
    but shows no riding. This
    shows only that
    the
    vehicles
    are
    being loaded
    up
    and hauled away for riding
    in
    an appropriate place.
    Testimony
    of MRS. KAIvIHOLZ
    states that there was
    a lot of riding
    that
    took place,
    without
    video. (Tr 88)
    Page 5 Par. 2 and
    3 states:Section 9(a)
    Under the
    Act and Board
    regulation,
    and “air violation
    has
    occurred if the complainant
    has proven the
    the complained
    of... air pollution
    has unreasonable interfered
    with the complainant’s
    enjoyment of
    life....” Detlafv.
    Boado
    &
    Epb Park
    services, Inc. PCB
    92-26
    (1993),
    In Detlaf the
    only air pollution evidence
    produced
    at hearing
    was
    smoke rising from
    a cooking
    area
    in a neighboring
    park.
    The Board
    concluded
    that
    the complainants did not
    produce adequate
    evidence
    of an unreasonable
    interference
    due to the smoke.
    REPLY
    KAMHOLZ
    does
    not
    see the relevance of this
    to our case.
    Kamholz maintains
    that the dust and smelly
    exhaust fumes that are
    emitted from SPORLEDER’
    S
    vehicles,
    comes onto their
    property, comes into
    their
    house,
    and
    does
    interfere with their enjoyment
    of life
    and property.
    Page
    5 Par
    4 states:
    The
    present
    case is very
    similar
    to Detlafwith regard
    to air pollution.
    Complainants
    produced twelve
    witness,
    eight
    of which did not
    provide any testimony
    to
    air
    pollution.
    As to the
    KAMHOLZS’,
    MRS KAIVIHOLZ
    testified that
    you can see a little
    dust
    behind
    the car” when referrring
    to a
    picture
    (Tr 80) She further
    concluded,
    without
    support,
    that
    “when
    you see ruts
    like that you know,
    there
    is
    dust” (Tr 92-93) Her
    testimony is devoid
    of any fumes,
    exhaust, or dust caused
    by Sporleder,
    which
    unreasonable interferes
    with the enjoyment
    of her property.
    REPLY
    Complainants
    produced 12 witnesses,
    5 (not
    8)
    of
    which did
    not directly address
    air pollution. Those
    5
    did
    however testify
    to
    the
    activity,
    which we
    know
    creates
    dust,
    and exhaust fumes. All
    12
    witnesses
    testified
    to the activity that produces
    the
    pollutants
    of noise,
    dust,
    and exhaust fumes. Video
    and pictures

    8
    Page
    5
    Par.
    4
    con’t
    show
    ruts
    and
    grass-less
    areas.
    Testimony
    of
    SPORLEDER
    admits
    to dust.
    (Tr
    277,
    and
    297)
    Other
    mentions
    of dust,
    (Tr.
    71,75,
    80, 83,
    124,
    155,
    156,
    159,
    175, 177,
    190,
    198)
    There
    ar many
    mentions
    of
    smelly
    exhaust
    both
    in
    the
    video,
    and
    in testimony.
    We
    know
    how
    unpleasant
    exhaust
    fumes
    are,
    and if
    you
    are smelling
    them,
    you
    are not
    going
    to enjoy
    yourself
    until
    the smell
    goes
    away.
    You cannot
    enjoy
    your
    recreation
    room
    or you
    deck
    and patio,
    if
    they
    smell
    of exhaust.
    Page 5
    Last
    Par. And
    top of
    Page
    6. states:
    MR.
    KAMHJOLZ
    testified
    that
    he
    could
    not
    relax
    because
    the
    riding
    was
    taking
    place
    (Tr
    189)
    When
    asked,
    he
    replied:
    “I
    guess
    it was
    stress
    caused,
    caused
    a
    stressful
    feeling.
    Q.
    Because
    of’?
    A.
    The noise,
    probably
    mostly.
    I
    probably
    wasn’t
    as
    close
    to the
    dust and
    fumes
    because
    usually
    I
    was
    working
    towards
    the
    other
    end
    of the
    property.
    MR.
    GOTTEMOLOLER
    states:
    ‘By his
    own
    admission,
    MR.
    KAMHOLZ
    demonstrates
    that he
    was not
    near
    the allege
    dust
    or
    fumes,
    and
    that he
    was enjoying
    his property
    by working
    the
    land.
    REPLY
    By
    his own
    admission,
    MR
    KAMHOLZ
    demonstrates
    that he
    does
    not enjoy
    his
    property,
    because
    of
    noise,
    dust,
    and
    smelly
    exhaust
    fumes.
    (Tr
    190,
    192)
    He
    can
    not
    enjoy
    his
    rec
    room,
    take
    a
    nap,
    or watch
    a
    ball
    game
    on
    his
    one
    day a
    week
    off
    work.
    When
    he
    works
    toward
    the other
    end
    of the
    property,
    dust
    and
    fumes
    are
    not a problem.
    The
    dust and
    fumes
    come
    onto
    our
    patio
    and
    into
    our house.
    It
    doesn’t
    go
    towards
    the other
    end
    of the
    property.
    Page
    6
    Par
    istates
    The
    next
    witness
    who
    testifies
    to any
    air
    pollution
    is
    Natalie
    Secor.
    Her
    entire
    air
    pollution
    testimony
    consists
    of the
    following
    at Tr.
    159.
    Q.
    Have
    you
    ever
    seen
    dust
    or smelled
    exhaust
    fumes
    while
    the riding
    takes
    place.
    A.
    Yes
    There
    is nothing
    in
    Ms.
    Secors’s
    testimony
    which
    demonstrates
    that
    the
    dust
    and/or
    fumes
    unreasonably
    interferes
    with
    the KAMHOLZ’S
    enjoyment
    of
    their
    property.
    In
    fact,
    Ms.
    Secor
    does
    not
    even
    testif,’
    that
    the
    fumes
    smell
    bad...
    REPLY
    MRS.
    SECOR
    testified
    that
    she did
    see dust
    and
    smell
    fumes
    while
    the
    riding
    took
    place.
    (Tr
    159)
    She
    saw
    it, and
    she smelled
    it.
    That
    means
    it exists.
    Exhaust
    does not
    smell
    good,
    and dust
    gets
    breathed
    in
    before
    it
    settles.
    The next
    paragraph
    is the
    same
    type of
    testimony,
    only done
    by
    Mike
    Dworzynski.
    He
    was
    asked
    the
    same
    question
    by
    MR
    GOTTEMOLLER,
    and
    the same
    answer
    was given.
    (Tr
    175,
    177)
    KAMHOLZ contends
    that
    this is
    air pollution.
    We
    know what
    exhaust
    fumes
    smell
    like,
    and
    we know
    what
    dust
    looks
    like.
    No one
    likes
    having
    someone
    throwing
    it at
    you.

    9
    Page
    6,
    Last
    Par.
    States
    KAMHOLZ
    never
    put
    forth
    evidence
    or
    testimony,
    which
    demonstrates
    that
    SPORLEDER
    has
    violated
    Section
    9(a)
    of
    the Act.
    As
    a result,
    the
    Board
    must
    find
    that KAMHOLZ
    has
    not
    met
    their
    burden
    as to
    this
    allegation.
    REPLY:
    Again,
    The
    testimony
    of
    qualified
    witnesses,
    ALL
    of
    whom
    have
    noses,
    who
    testified
    to
    smelly
    exhaust
    fumes,
    and dust,
    is
    what
    KAMHOLZ
    has
    offered.
    The
    knowledge
    that
    the activity
    does
    take
    place,
    and
    does
    create
    dust
    and
    smelly
    exhaust
    fumes,
    is
    what
    KAMHOLZ
    offered.
    While
    there
    are
    no technical
    numbers
    or
    readings
    offered,
    Kamholz
    believe
    they
    have
    shown
    sufficient
    proof
    of
    air
    pollution
    , that
    prove
    to
    be an
    annoyance
    and
    a
    nuisance
    that
    definitely
    interferes
    with
    the
    enjoyment
    of
    their
    lives
    and
    property.
    We
    trust
    that the
    Board
    will agree
    with this
    conclusion.
    Page
    7
    Par.
    1,2,3,4
    MR.
    GOTTEMOLLER
    states:
    that
    MR.
    GREG
    ZAK,
    (complainant’s
    expert
    witness)
    did
    not
    record
    any
    decibel
    reading
    from
    the
    KAMHOLZ
    property,
    nor
    did
    he witness
    any
    of
    the alleged
    violations.
    Also,
    that
    the
    equipment
    used
    to record
    these
    decibel
    readings
    did
    not
    satisfy
    the
    requirements
    For
    measuring
    sound
    measurements
    required
    by Section
    951.105.
    KAMFIOLZ
    wishes
    the
    Board
    to
    believe
    that
    Sporleder
    did violate
    901.102(a)
    and
    that
    KAMHOLZ
    has
    sustained
    their
    burden.
    Gottemoller
    further
    states:
    “As
    a
    result
    of
    the
    record
    being
    devoid
    of
    a
    violation
    of
    901.102(a),
    the Board
    must
    find
    for
    the
    Sporleder
    on
    this charge.
    REPLY
    MR.
    ZAK
    saw
    the
    activity
    on
    video
    tape,
    which
    provides
    a dependable
    and
    accurate
    accounting
    of
    the
    activity.
    What
    you see
    is
    what
    you
    see.
    Nothing
    can
    change
    this.
    Having
    dealt
    with
    this
    type
    of
    situation
    for
    many
    many
    years,
    does
    quali1,’
    him
    to make
    judgment
    upon
    what
    he
    sees,
    and
    hears.
    Video
    recordings
    are
    acceptable
    evidence,
    and
    are
    used
    in
    every
    field
    of
    media
    and
    police
    work
    in
    today’s
    world.
    The
    radio
    Shack
    decibel
    noise
    meter
    is also
    an
    acceptable
    and recommended
    instrument
    for
    the
    purpose
    used.
    Mr
    Zak
    advised
    Kamholz
    on
    the
    use
    of
    this
    instrument,
    and
    viewed
    on video
    the actual
    operation
    of
    it.
    Mr.
    Zak’s
    testimony,
    (Tr
    207,208,
    209,
    210).
    Mr
    ZAK
    did
    an on
    site inspection
    of
    the
    properties,
    and
    found
    that
    things
    were
    as
    they
    appeared
    on
    video.
    KAMHOLZ
    has
    provided
    the Board
    with
    an abundance
    of
    evidence,
    and
    “Yes”,
    Kamholz
    does
    want
    the
    Board
    to
    see
    that
    SPORLEDER
    has
    violated
    Sec.
    901.102(a),
    and
    trust
    that
    they
    will
    find
    in favor
    of
    the
    KAIvIHOLZ
    complaint.
    Page
    8
    Par.
    1,2,3,4,
    states:
    The
    definition
    of
    noise
    pollution,
    which
    appears
    at the
    beginning
    of
    this
    Brief,
    so
    I will
    not
    repeat
    it.
    Sounds
    must
    objectively
    affect
    the
    complainant’s
    life
    or business
    activity,”
    The
    unreasonableness
    of
    noise
    must
    be
    determined
    in
    light
    of
    the
    factors
    set
    forth
    in Section
    33©
    of
    the
    Act.
    (415
    ILCS
    5/33
    ©
    Detlaff
    Par
    2
    Addressing
    each
    factor
    under
    33(a)
    it is
    clear
    that
    KAM}IOLZ life
    and
    enjoyment
    of
    the property
    has
    not
    been
    interfered
    with
    unreasonably.
    REPLY

    10
    Page
    8 Par
    1,2,3,4,
    con’t
    1)
    Character
    and
    Degree
    of
    Injury
    The
    complaint alleges
    that
    the noise
    from SPORLEDER
    occurred
    on
    a
    continuous
    basis,
    and
    caused
    harm
    to
    their
    physical
    and mental
    health.
    Specifically,
    KAMHOLZ
    allege
    that they
    suffered
    from sore
    throats, headaches,
    and
    that the
    odor from
    the exhaust
    fumes has infiltrated
    their
    home.
    However
    the record
    is silent
    as to any
    physical ailments
    suffered
    by KAMHOLZ.
    No
    physician
    reports
    were
    tendered;
    no testimony
    as
    to
    physical
    injury
    was offered..
    No
    witness testified
    that
    they
    physically suffered
    from
    the alleged
    pollutants
    from
    SPORLEDER.
    Page 8
    Par 1,2,3,4
    REPLY
    1)
    Character
    and Degree
    of Injury:
    The record
    is
    not
    silent.
    The charges
    are
    clearly stated
    in the complaint,
    and
    the
    testimony
    of 12 witnesses
    stating
    that
    the
    noise is excessive,
    and
    interferes
    with the enjoyment
    of life
    and property.
    These
    allegations
    are
    as real as they
    can possibly
    get. The
    video clearly
    shows
    terrible
    abuse
    to the
    complainants,
    due to the
    noise that’s
    being
    generated
    on the
    SPORLEDER’S
    property
    and flowing
    over onto
    the KAM}{OLZ
    property.
    Mr.ZAK’S
    Testimony
    that This level
    of
    noise
    would
    have
    a significant
    impact on
    ones life, and
    that it’s’ ONE
    OF THE MOST
    SIGNIFICANT
    SOUND
    IMPACTS
    I HAVE
    SEEN
    IN MANY MANY
    YEARS’ (Tr
    223 and 231)
    This is powerfiul
    testimony
    coming
    from a noise
    expert of
    30 years. The
    noise
    is real,
    and the noise
    is
    loud. Decibel
    readings
    also
    support
    this fact.
    Kamholz is
    not going to
    run off to see
    a
    doctor
    every time
    a
    sore
    throat or
    headache
    occurs because
    of the riding.
    Kamholz
    realizes where
    the
    ailment
    is
    coming from,
    and that
    it
    will go
    away
    when
    the
    air
    clears.
    This does not
    make it any
    less
    of a
    headache
    or sore
    throat.
    Kamholz
    hosted
    only a couple
    parties during
    the
    ten years
    in question.
    (She
    used
    to host quite
    a
    few) Both
    were spoiled
    by the SPORLEDER
    activities.
    One
    during the burning
    time
    period, when
    the
    guests had to
    leave
    because
    of
    noxious
    burning
    by SPORLEDER.
    (Tr
    294)
    We
    couldn’t
    even
    escape
    into
    the house because
    the smell
    had
    come
    in through
    the windows.
    The other
    was
    interrupted
    by the
    riding
    activity. I stopped
    having
    parties (other
    than
    family)
    after
    that.
    Page
    8 Par. 5
    states:
    Moreover, the
    riding
    is not
    continuous.
    The riding
    does not
    occur
    in
    the
    early
    morning
    hours, nor
    does
    the
    riding
    take
    place
    late at night.
    The evidence
    also demonstrates
    only nine
    days
    of riding
    activity.
    Out
    of
    a ten
    year period, nine
    days is not
    continuous
    in nature.
    REPLY
    This paragraph
    is in
    error.
    It’s right
    that the riding
    didn’t take
    place in the
    early morning
    or late at
    night,
    but
    the
    rest of it
    is wrong
    and misleading.
    The videos
    are NOT
    of riding
    activity over
    a
    10
    year
    period. They
    are
    from 1997
    to
    2001.
    That’s 4
    years. There
    are
    33
    days
    of riding
    activity, not
    9.
    There is also
    testimony

    11
    Page
    8, Par
    5
    con’t
    REPLY
    by
    MRS
    KAMHOLZ
    that there
    was a
    lot of
    riding
    that
    was not
    on
    video.
    (Tr88).
    As
    far
    as
    the
    morning
    and
    night
    time
    limits,
    when
    were
    the
    KAMHOLZ’S
    supposed
    to
    entertain,
    or enjoy
    their
    lives or
    property?
    Do
    You
    have
    a
    cook
    out
    or watch
    a
    ball game
    before
    10 am
    or
    after 8pm.
    Do
    you
    take
    a nap
    or
    plan
    your
    outside
    activity
    before
    lOam
    or
    after
    8pm?
    Page
    8
    Last
    paragraph
    states:
    The complaint
    also
    alleges
    a loss
    in
    Kamholz
    property
    value.
    In order
    to
    support
    this claim,
    KAMHOLZ
    called
    LILLIAN
    CARAUCIO,
    a licensed
    real estate
    agent,
    as a witness.
    MRS.
    CARACIO
    never
    witnessed
    the
    live
    riding
    of any
    vehicles
    by
    SPORLEDERS
    (Tr
    56).
    Because
    she
    had
    not
    seen
    the
    riding
    activity
    in
    person,
    MRS
    CARAUCTO
    had
    to
    speculate
    if
    someone
    would
    PAGE
    9
    Purchase
    a
    piece
    of
    property
    which
    was
    adjacent
    to land
    where
    mini-bikes
    and ATVs
    were
    ridden
    (Tr
    58).
    The
    Board
    should
    take notice
    that
    the
    speculation
    is
    not
    even
    with regard
    to
    the KAMHOLZ
    property,
    but
    rather
    a piece
    of
    property
    in the
    abstract.
    REPLY
    Witness
    Caraucio
    was
    not speculating,
    but was
    voicing
    an
    opinion,
    which
    she
    had
    the right
    to
    do in order
    to
    answer
    the
    question
    asked
    of
    her.
    (Tr
    54)
    . KAMHOLZ
    asked
    CARAUCIO
    what she
    based
    her
    opinion
    on.
    (Tr
    58)
    Caracio
    has
    15 years
    experience
    in
    selling
    homes,
    and
    she
    established
    the
    fact
    that the
    riding
    of
    dirt
    bikes
    next
    door
    to
    a piece
    of property
    for sale,
    could
    be
    detrimental
    to
    the
    sale of
    that property.
    Page
    9
    Paragraph
    2,3,
    states
    MOREOVER,
    when
    asked
    by KAMHOLZ if
    an interested
    party
    in the
    KAMHOLZ
    property
    would
    be
    dissuaded
    by
    the
    riding
    of
    the vehicles,
    MRS.CARAUCIO
    responded,
    ‘WELL,
    I can’t
    say
    that
    every
    buyer
    would
    say
    that’
    (Tr
    610. Further
    still, in
    her own
    written
    opinion,
    Mrs.
    Caraucio
    stated
    that
    the riding
    of
    dirt
    bikes
    “with
    in
    70 feet
    of the
    subject
    property
    could
    be
    detrimental
    to
    the
    sale of
    this
    property.”
    (Tr
    64) The
    testimony
    of MRS
    CARAUCIO
    brought
    out
    the fact
    that
    alleged
    problem
    caused
    by
    SPORLEDER
    is
    subjective
    to
    KAMHOLZ.
    When
    asked
    why
    KAMHOLZ
    did
    not
    purchase
    another
    piece
    of property,
    Ms.
    CARAUCIO
    stated
    that
    the
    neighboring
    property
    had
    motorbikes.
    (Tr
    58)
    Then
    on
    cross
    examination,
    she testified
    that
    two buyers
    were
    interested
    in purchasing
    the
    KAMHOLZ
    property
    so
    that
    they
    could
    ride
    their
    motorcycles
    on
    the
    property
    (Tr 66-67)
    The record
    is
    silent
    as to
    any
    physical
    damage
    to
    the
    property,
    to
    KAMHOLZ,
    and
    with regard
    to
    any
    loss property
    value.
    As
    a
    result,
    the
    character
    and
    degree
    of injury
    is
    non-existent,
    and
    the
    general
    welfare
    of the
    party
    and
    property
    is
    not
    harmed.
    REPLY
    MR
    GOTTEMOLLER
    uses
    only part
    of
    CARAUCIO’S
    answer
    to leave
    a
    misleading
    thought.
    (Tr
    61)
    She
    says “Well
    I
    can’t
    say
    that every
    buyer
    would
    say that.”
    The
    rest
    of it reads,
    “But
    ifthe
    bikes
    were
    running
    up and
    down
    and making
    a
    lot of
    noise,
    they
    would
    be more
    inclined
    to walk
    away,.”
    MR
    GOTTEMOLLER
    states
    that
    the
    alleged
    problem
    caused
    by
    SPORLEDER
    is subjective
    to
    KAMHOLZ.
    Not
    at all.
    The
    violations
    that
    have
    taken
    place
    next
    door
    are
    very
    real,
    and
    living
    with
    these
    problems,
    is

    12
    reality. Why
    would we
    buy a
    home
    that would
    offer
    us
    the
    same
    problem
    we
    have now?
    That would
    be
    a
    stupid
    thing to
    do.
    Further, MRS
    CARAUCIO
    did
    not
    testi1,’ that
    two buyers
    were
    interested
    in purchasing
    the KAMHOLZ
    property. (Tr
    66-67)
    She said “A”
    piece of property
    where
    they
    could ride
    their
    motorcycles.
    Our
    property
    was not on
    the market,
    and
    she
    knew they would
    not
    be
    able
    to
    ride their
    motorcycles
    on our
    property.
    They
    would
    be
    in violation
    of the law,
    just as SPORLEDERS
    are. MRS.
    CARAUCIO
    went
    on
    to
    say
    “I
    also knew
    it would be
    very difficult
    to
    find
    a place
    for
    what
    they wanted.
    People
    don’t
    want
    motorcycles
    running
    around
    too
    close to their
    homes”
    (Tr 67)
    It
    is
    the professional
    opinion of
    MRS
    CARAUCIO
    that this
    activity could
    be detrimental
    to
    the sale of our
    property.
    KAMHOLZ
    thinks so
    also,
    and hopes
    that
    the
    Board
    agrees.
    Page Last
    paragraph
    9 states:
    2)
    Social and
    economic
    Value of Pollution
    Source:
    Testimony
    at trial
    revealed
    that the
    KAMI-IOLZ
    children
    operated
    similar bikes
    in
    the
    past (Tr 160)
    In
    fact,
    a Kamholz
    witness,
    Mike
    Dworzynski
    testified
    that he
    rode motorbikes
    when
    he was younger,
    and that
    he
    currently
    allows
    his
    children
    to ride on
    their property
    in Belvidere,
    Illinois (Tr
    179) Moreover,
    other
    residents
    in the
    area also use
    similar
    vehicles
    for recreational
    and
    maintenance
    purposes,
    (Tr 285-86)
    REPLY
    KAMHOLZ
    children
    did
    not
    operate
    similar
    bikes
    in
    the past.
    KAMHOLZ
    children
    operated
    a
    MINT
    bike
    over 25
    years
    ago,
    for
    a short period
    of time.
    There
    are
    no
    similarities
    to the activities
    going
    on next door
    on
    the SPORLEDER
    property.
    You
    do
    not see any
    MINI
    bikes
    on our video.
    You do not
    see children
    on
    our video.
    Our riding
    took
    place
    during
    a different
    time,
    under
    very different
    circumstances,
    and
    has
    nothing
    to do with
    our
    case. KAMHOLZ
    and
    SPORLEDER
    were the
    only homes
    on Sullivan Road.
    Our
    son was, and
    is
    handicapped..
    He never
    rode aggressively.
    The
    bike
    was
    quiet,
    and offended
    no
    one..
    The
    bike was parked
    in
    the barn
    after
    little
    use,
    25 years
    ago, and it hasn’t
    been touched
    since.
    Our
    complaint is
    about
    now,
    and violations
    ofthe law.
    There were no
    violations
    or laws broken
    25 years
    ago.
    Further,
    what
    our son in
    law did when
    he was
    young
    has
    nothing
    to do
    with us, or our
    case,
    and
    what
    he does
    with
    his children
    has
    nothing
    to do
    with
    this
    case.
    Our grandchild
    doesn’t ride
    here,
    because we
    won’t
    allow
    it.
    Times
    are
    different.
    The other
    residents
    in this
    area
    are
    not violating
    any laws. As
    said
    before,
    the
    west
    neighbor
    is
    a 68 acre
    farm. You
    may see
    them
    pass by
    a couple times
    a
    year.They
    do
    not rod
    around.
    The
    neighbor
    to
    the
    north has
    a dirt bike,
    BUT
    does NOT
    ride it.

    13
    Page 10 Par
    land 2 states In addition
    to the complainant’s
    witnesses
    enjoying
    the social
    benefit of such
    activity,
    SPORLEDER
    testified
    that
    the
    ATV
    is
    used for yard
    maintenance,
    and for entertaining
    their
    granchildren
    (Tr
    257).
    SPORLEDER
    also
    testified
    that their grandson
    would
    educate
    himself
    by working
    on the dirt
    bikes
    and
    br trucks,
    and
    by doing so,
    he would learn
    how to fix motors, and
    learn other
    mechanical
    skills. (Tr 253),
    and that they allowed the
    riding
    so that
    their
    grandson
    wouild
    keep
    out
    of
    trouble
    (Tr 270-71, and
    because of the rural nature
    of
    the area there
    was not of
    other activity for
    an
    adolescent (Tr 286)
    The social
    value
    in the rural
    setting is very high
    as evidenced
    by
    the number of
    participants. It
    is clear from
    the
    record
    that
    SPORLEDER
    are
    not alone
    in
    this activity.
    Riding
    motorbikes
    is and activity
    that the
    KAMHOLZ children,
    in-laws and grandchildren
    have
    engaged
    in as
    well as many neighbors.
    REPLY
    This has
    already been addressed
    earlier
    in
    this brief. Every
    statement above is either
    misleading
    or
    untrue.
    For
    MR. GOTI’EMOLLER
    to imply that the
    past
    lives
    of KAMHOLZS’
    mature adult
    witnesses have
    anything
    to do with this
    case is ludicrous.,
    and is nothing
    more than
    a
    diversion
    from the wrong doings
    of
    his
    clients.
    .The
    fact that MR GREG
    WRIGHT rode
    a
    street
    legal motorcycle
    30 years
    ago has nothing
    to
    do
    with
    our complaint. Mr. SECOR
    rode a street
    legal motorcycle
    22 years
    ago,
    which
    has no bearing on
    this case.
    MIKE DWORZYNSKI
    used to ride
    dirt bikes
    at a legal
    dirt bike
    track,
    and he now takes his
    son
    there. He also can allow
    his
    son to ride
    on their property,
    because there
    are no laws being violated.
    What
    has
    that got to do
    with
    our case? I
    do
    not allow
    this child to ride
    on
    our property,
    because it
    would
    violate
    the
    law. Because these
    men rode motorcycles
    in
    a
    legal
    manner
    at
    one
    time in their lives, has nothing
    to do
    with our complaint,
    and SPORLEDER’
    S illegal activity.
    SPORLEDER
    states that they allowed
    the
    grandson
    to ride so he’d stay
    out
    of
    trouble.
    It doesn’t make sense
    to allow him to break
    the law
    to
    stay out
    trouble.. You can’t
    justify bad or illegal behavior
    this way.
    Kamholz
    does
    not
    want
    to take this
    enjoyment
    away
    from
    the SPORLEDER
    family and
    their
    friends,
    they just want them to
    take the activity
    to
    a proper
    and
    legal
    place to
    do
    it.
    Once
    a
    year for yard maintenance
    does not quali1,’
    the ATV
    as a maintenance vehicle.
    This is a
    recreational
    vehicle
    that
    the grandson rods
    around
    on, creating
    dust, smelly
    flumes,
    and noise. That’s the
    truth,
    and the
    video proves
    it. SPORLEDER
    uses his
    Allis Chalmers
    tractor
    for
    maintenance,
    not
    his ATV.
    KAMHOLZ
    agrees
    that
    education is
    a good thing, however,
    The riding
    activity that takes place
    next
    door
    has absolutely
    nothing
    to do with education.
    The
    boy
    quit school
    at age
    16. This does not display
    a
    concern
    for education.
    Rodding
    around on
    loud,
    obnoxious, smelly
    vehicles,
    has nothing to
    do
    with
    education.
    As
    far as
    activities
    in
    a
    rural
    area being limited,
    that’s all in how
    you look at life. There
    are many choices,

    14
    and SPORLEDERS
    just
    happened
    to
    choose this one.
    The
    SPORLEDRES ARE alone
    in this
    activity. To
    say that “there are MANY
    neighbors
    involved, is an
    untrue statement.
    The “2” neighbors
    previously
    mentioned,
    have already
    been explained.
    One
    has a 68
    acre farm, and
    drives past in
    the ditch line possibly
    2
    times
    a
    year,
    and
    the
    other does
    have a dirt bike, BUT
    does NOT
    ride it. This is
    the truth.
    SPORLEDER’
    S
    illegal,
    and
    inconsiderate
    behavior
    simply
    cannot,
    and
    should not
    be justified.
    PAGE
    10
    Paragraph
    3 and 4
    states:
    3)
    Suitability
    of
    the
    Source: The properties
    in question are
    in
    a
    rural
    setting, with
    many
    ofthe lot
    sizes
    being five
    acres or greater.
    The physical
    character
    of the
    land is
    most
    suitable
    for the
    engaged
    activity.
    The
    Board is not
    considering
    motorbike
    riding
    in a
    highly congested
    neighborhood,
    with half-acre
    lots, with
    twenty feet between
    homes. The
    tone of the complaint
    and
    requested
    relief,
    is that
    the
    KAMHOLZ
    want
    to live in
    a
    quite residential
    area. The area is
    zoned as Estate
    property,
    and the riding of
    motorbikes is
    a permissible
    activity. However,
    if KAMHOLZ
    desire a tranquil
    place to live,
    perhaps a private
    community
    would
    better suit
    them.
    In other
    words,
    KAMHOLZ
    want the
    spaciousness
    of a five-acre
    parcel,
    but
    they do not
    want
    to
    deal with
    other aspects of
    owning such land.
    REPLY
    The physical
    character of the land
    is not at all suitable
    for the riding
    of loud dirt bikes,
    ATVs and
    go
    carts.
    This
    possibility
    exists only if
    you do not have
    a neighbor.
    5 acres may sound like
    a
    lot
    of land, but
    the
    property
    is
    only 385 feet wide.
    This does not
    give enough
    space
    for these vehicles to
    ride
    without emitting
    noise,
    dust, and fumes, onto
    the
    next door
    neighbor’s
    property.
    Place
    a house
    50 feet from
    the dividing
    property
    line, and
    the suitability is
    non existent. The
    videos, the decibel
    readings, the testimony
    of the
    witnesses,
    especially
    the expert
    noise
    witness, MR.
    ZAK,
    all support
    this
    conclusion.
    We
    DO
    live in a
    quiet residential
    area. It couldn’t
    get any quieter.
    (See MR ZAK’S testimony
    Tr 210)
    The riding of dirt bikes,
    ATVs,
    and
    go
    carts have
    disrupted
    the
    quietness
    of the area.
    We moved here 31
    years ago. This is our
    home.
    We were
    the first family
    on Sullivan
    Road
    excerpt for the 2 farms.
    The area
    has been extremely quiet
    for
    all these
    years,
    until SPORLEDER’
    S
    grandsons and their friends
    started
    riding loud
    recreational vehicles.
    They
    are
    the offenders, and
    they
    are the ones who
    are in
    violation
    of the
    law.
    Because we don’t like
    excessive
    noise,
    dust, and
    smelly
    exhaust fumes,
    MR. GOTTEMOLLER
    suggests that we
    move to a more
    suitable neighborhood.
    SPORLEDER AND
    MR.
    GOTTEMOLLER
    want
    the
    riding
    to
    resume.
    KAMHOLZ
    thinks the riding
    should
    be
    stopped,
    and
    the
    neighborhood would
    then
    be quiet again. If
    the riding
    were
    to resume, KAIVIHOLZ
    still
    believe
    they would
    not be able to sell their
    home.
    Look at the video, and
    decide ifthat’s the
    kind
    of neighbor
    anybody would
    like
    to have.

    15
    Page
    10
    Par.
    5
    states
    :
    4)
    Techniocal
    practicability
    and
    economic
    reasonableness
    of
    control
    :
    Because
    the area
    in question
    is rural,
    and
    therefore
    without
    many
    natural
    or
    man
    —made
    barriers
    to
    block
    sound,
    it
    would
    be economically
    burdensome
    to require
    SPORLEDER
    to install
    a
    devices
    to
    (Page
    11)
    eliminate
    the
    sound.
    Additionally,
    KAMHOLZ
    has
    not
    come
    forth
    with
    the
    type
    of
    barriers,
    the
    location
    of
    barriers,
    and
    the
    cost
    of
    such
    barriers.
    Without
    this
    information,
    the Board
    cannot
    determine
    the
    feasibility
    of
    such
    action.
    The
    record
    does
    reflect
    that SPORLEDER
    has
    planted
    trees
    to
    absorb
    some
    of
    the
    sound,
    and
    that
    they
    have
    avoided
    riding
    on
    certain
    portions
    of
    their
    land.
    (Tr259).
    However,
    to
    require
    SPORLEDER
    to eliminate
    all
    use
    of
    the
    vehicles
    would
    be unreasonable
    and
    unjust
    to
    SPORLEDER.
    REPLY
    As
    stated
    in
    the
    previous
    paragraph,
    the
    area
    is not
    at
    all
    suitable
    for these
    vehicles.
    The
    above
    topic
    for
    discussion,
    helps
    to
    confirm
    this
    fact.
    No
    barrier
    solutions
    were
    offered
    because
    there
    are
    no
    AFFORDABLE
    ones
    possible.
    (The
    length
    of
    the
    dividing
    property
    line
    is
    545
    feet
    long.)
    Witness
    GREG
    ZAK
    touched
    on this
    in
    his
    testimony.
    (Tr234-235)
    The
    best
    and
    oniy
    workable
    solution
    to this
    problem,
    has
    been
    found
    by the
    SPORLEDERS
    themselves.
    That
    is
    to
    load
    the
    vehicles
    up
    and
    haul
    them
    to
    a
    suitable
    riding
    place.
    They
    have
    been
    doing
    this
    for
    a year
    now,
    and they
    have
    shown
    that they
    have
    the
    ways
    and
    means
    to do
    so.
    (See
    video
    # 4)
    As
    discussed
    supra,
    To
    state
    that SPORLEDERS
    have
    planted
    trees
    to buffer
    the
    sound,
    is
    again,
    very
    misleading.
    The
    few
    small
    trees
    that have
    been
    planted
    do
    not
    even
    obstruct
    the
    view,
    much
    less
    any
    sound.
    The
    last video
    of
    the
    riding
    activity,
    was
    taken
    from
    inside
    my
    recreation
    room
    in
    November
    of
    2001.
    (Video
    #
    3)
    As
    you can
    see,
    there
    is no
    obstruction
    of
    our vision
    because
    of
    the
    trees.
    Page
    11
    Par.
    3
    and
    4:
    5)
    Subsequent
    Compliance
    states:
    As
    discussed
    supra,
    SPORLEDER
    has
    modified
    their
    activity,
    including
    not
    riding
    on
    the
    property
    for
    the
    last
    year.
    However, SPORLEDER
    does
    have
    right
    to
    enjoy
    his property,
    and
    the
    riding
    may
    resume.
    MOREVER, had
    KAMHOLZ
    CONTACTED
    SPORLEDER
    ten
    years
    ago
    to address
    the
    alleged
    pollution,
    this
    matter
    would
    have
    been
    resolved
    in
    a
    more
    neighborly
    fashion.
    REPLY
    As
    already
    explained,
    There
    was
    NO
    modification
    of
    riding
    before
    it stopped
    in
    November
    of
    2001,
    and
    modification
    wouldn’t
    have
    helped
    anyway
    (Tr
    218)
    The
    riders
    rode
    the
    entire
    property,
    with
    the heaviest
    riding
    done
    along
    the
    property
    line.
    High
    decibel
    readings
    were
    recorded
    from
    all
    locations
    of
    the
    property.
    See
    video,
    and
    decibel
    readings.
    KAIvIHOLZ
    also
    have
    the
    right
    to
    enjoy
    their
    property,
    and
    should
    not
    have
    to endure
    the
    negative
    results
    of
    SPORLEDERS
    behavior.
    SPORLEDER
    CAN
    and
    should
    enjoy
    their
    property.
    There
    are
    many
    to
    do
    this
    other
    than
    riding.
    His
    pleasure
    should
    not
    be at
    the
    expense
    of
    someone
    else’s
    freedoms.
    His
    activity
    and
    pleasures
    hurt
    other
    people,
    and
    this
    is wrong..
    We
    all
    must
    obey
    the
    laws
    that
    are
    written,
    for
    our own
    good
    as
    well
    as
    for
    the
    good
    of
    others.
    This
    is
    understood
    by
    most
    people.

    16
    Pane
    11
    Par 3 and
    4
    Subsequent
    Compliance con’t
    REPLY CON’T
    This too has
    afready
    been discussed
    earlier in this brief.
    (See
    first REPLY Page
    6)
    Review: The riding
    activity
    was
    not a
    problem
    10 years ago. There was
    a
    problem
    at that time, but it had nothing to
    do
    with
    this complaint. Many phone calls were
    made about that problem, all of which
    fell on deaf ears. The
    SPORLEDERS were notified of the riding
    activity
    problem
    by a
    registered letter
    on August 10 of 1996.
    Pane 11 Par
    5
    Conclusion
    on Unreasonable Interference: The record
    does
    not
    show
    any
    physical harm
    to
    KAMHOLZ
    person
    or property. Moreover,
    the complainants allowed similar activity
    to
    occur on their
    property
    in
    the past. Further, other residents in
    the neighborhood engage in like activity.
    There is no
    evidence of diminution in value
    of the KAMHOLZ property. In
    fact the record shows that others would
    purchase
    the
    property
    to
    ride
    motorbikes. The video tapes show
    that windows to the KAMHOLZ property
    are open, and
    that
    MRS. KAMHOLZ
    is speaking at
    a
    normal level
    without any throat ailments. The tapes
    also show that the television can be heard while
    the
    riding
    is taking place. SPORLEDER contend
    that
    KAMHOLZ
    have
    not met their burden of proof
    to show that the riding has objectively unreasonably
    interfered
    with the enjoyment of their property.
    REPLY
    All of the
    above
    statements have
    been addressed, previously in this brief. In response
    to
    the
    last
    paragraph, the
    burden
    of proof has been met. This was done
    through the testimony of 12 witnesses, the
    registered
    letter of Aug.
    10
    th
    1996, the complaint, the work,
    the time,
    the money, the frustration, the videos,
    the decibel readings, the elimination
    of a social life at our home, the
    years of dealing with this abuse, and
    the
    desperation. The fear of not
    being able to sell our house,
    and
    the
    fear of having to continue to live this
    way. KAMHOLZ contend that
    they have indeed met their burden of
    proof.
    PAGE 12
    Par. 1
    CONCLUSION: This
    case is not the type of case that should
    be
    in front
    of the Board.
    Rather, it is a dispute between two neighbors. A dispute that began
    with
    something other than riding
    motorbikes and ATVs.
    The
    animosity
    displayed by KAMHOLZ
    arises from a burning issue which
    occurred
    ten years ago. Because SPORLEDER did not commit any
    burning violations, that matter was
    dismissed
    by a
    court
    of law. Unable
    to
    prosecute
    the
    burning
    issue, KAMHOLZ found another
    SPORLEDER activity that bothered them. KAMFIOLZ
    became fixated on the activities of SPORLEDER
    but
    never once made any effort to communicate with Sporleder.
    Instead KAMHOLZ videotaped
    SPORLEDER,
    and
    complained
    to anyone who would listen: the sheriff;
    county
    board, and now
    the
    Pollution Control
    Board. However
    the activity engaged in by SPORKEDER is not pollution.
    The record is
    devoid of any evidence
    of an
    air pollution violation, or noise pollution under Section 901.102(a).
    Moreover, there is
    insufficient
    evidence to support
    the remaining allegation: that the riding unreasonably
    interferes
    with the
    KAMHOLZ enjoyment
    of the property in an objective manner. It is clear from
    the
    record
    that the
    operation of motorbikes
    has fallen
    out of Kamholz favor. Kamholz allowed their children
    to
    ride
    on
    their
    property in the
    past, but they no longer allow it. They desire
    to
    move,
    but
    will
    not purchase a
    piece of property, because the neighbors
    may
    own motorbikes. The KAMHOLZ in-laws
    own and ride
    motorcycles
    on their property,
    but
    will
    not
    do so when Kamholz come and visit. However, the
    subjective
    dislike of motorbikes and ATV’s is not
    the standard the
    Board is required
    to use.
    Objectively,
    KAMHOLZ
    has not proven that the activity engaged
    by
    SPORLEDER
    unreasonably
    interferes with their
    enjoyment of
    the property. As
    discussed
    supra other
    people
    were
    interested in purchasing the KAMHOLZ property
    to
    engage in similar
    activity.
    Moreover other neighborhood residents
    operate motorbikes and ATVs. What
    KAMHOLZ defines
    as pollution
    is acceptable and
    desired behavior by others.

    17
    REPLY
    Oh
    how wrong
    can wrong
    get?
    This
    case
    does
    belongs
    in front
    of
    the Pollution
    Control
    Board,
    because
    it’s
    all
    about
    pollution.
    Air
    and noise
    pollution,
    being created
    by unreasonable,
    inconsiderate,
    neighbors
    who
    have
    no
    concept of
    proper
    social behavior
    towards
    their
    fellow
    man.
    It is
    not
    about
    a
    dispute
    of 10
    years
    ago.
    That
    is what
    SPORLEDERS
    and MR.
    GOTFEMOLLER
    would like
    the
    Board
    to think.
    From
    the
    very
    beginning
    of this
    case,
    that’s what
    they have
    tried
    to
    turn
    this into,
    and have
    you
    believe.
    MR
    (3OTTEMOLLER’
    S opening
    statement
    at
    the hearing
    was
    about
    the
    “dispute”
    They
    have nothing
    to
    fall
    back on
    without
    the burning
    dispute.
    They
    have
    said many
    misleading
    and
    untruthful
    things,
    and
    KAMHOLZ
    can
    only
    hope
    for
    the
    sake of
    their
    case, that
    this has
    been
    an
    obvious
    pattern
    through
    out the
    entire time
    of
    this
    ordeal.
    The
    SPORLEDERS
    absolutely
    did commit
    burning
    violations.
    Not a
    few, but
    many
    over
    a period
    of
    3 years.
    The
    Mchenry
    County
    Health Department
    handled
    the situation,
    and
    ordered
    Sporleder
    to stop
    the burning
    of illegal
    materials.
    The
    burning
    issue
    was
    never
    in
    a
    court of
    law as stated.
    We
    were
    not trying
    to
    prosecute
    anything
    or any
    body.
    We
    just reported
    the
    offense
    and
    the
    county
    simpiy
    shut
    him
    down.
    That was
    the
    end
    of it. Our
    complaint
    and
    present
    case is
    not
    supposed
    to
    be
    about,
    and
    is not
    about the
    burning
    dispute.
    To state
    that
    the
    KAMHOLZS’
    displayed
    animosity,
    is an
    unkind
    and unnecessary
    judgment
    on the
    part
    of the
    SPORLEDERS
    and
    MR.
    GOTTEMOLLER,
    and
    to state that
    KAMJ-IOLZ
    becameJirated
    on
    the
    activities
    of the
    SPORLEDERS,
    is another
    untrue
    judgment
    call.
    We
    put up
    with
    the noxious
    burning
    for
    3
    years
    before
    regretfully
    having
    to
    report
    them.
    They
    received
    many pleas
    from
    us
    to stop,
    and fair
    warning
    of
    the report
    date. They
    chose
    to
    ignore
    us.
    We
    have
    put
    up with
    the
    present
    problem
    seriously
    since
    1995
    and
    we
    are just
    now
    doing
    something
    about
    it, after an
    attempt
    to
    stop
    it
    failed.
    Again,
    they chose
    to ignore
    us. Their
    lack
    of
    social manners,
    has
    forced
    our
    hand both
    times.
    We are tolerant
    people,
    but
    will
    seek help
    when necessary.
    We
    have
    sought
    help
    through
    other
    avenues
    before
    coming
    before
    the
    Board.
    We
    now
    find
    ourselves
    before
    you
    struggling
    with
    many
    SPORLEDER
    implications,
    and
    untruths,
    as we
    seek
    a
    solution.
    SPORLEDER
    wants
    to
    resume
    riding,
    the
    very activity
    that brought
    them
    here in
    the
    first
    place. To
    resume
    riding
    would
    be to
    resume
    the
    violations.
    The
    rest of
    the
    CONCLUSION
    in SPORLEDER’S BRIEF,
    is
    repetitive
    and
    has
    already
    been addressed.

    18
    CONCLUSION
    KAMHOLZ can hardly believe that the
    word
    “conclusion”
    is on the page before me. This whole thing
    started in
    earnest
    back on Mother’s Day of200l.
    That was the day we decided that something had to be
    done.
    That was the
    first
    step
    of many
    that
    brought
    us here to our conclusion page. Many pages have
    passed by before this one,
    during the
    past year and a half. In our opening statement at our recent hearing,
    I stated that we were seeking a return to a peaceful, and normal life, which would offer some tranquillity in
    our home. We return to that request now. We ask the Board to hear our plea, and grant us our needed
    relief.
    We are
    confident
    that
    our burden of proof
    has been met, that the law will prevail, and that the Board
    will
    find in favor of
    KAMHOLZ.
    Milton and Virginia Kamholz
    1306
    Sullivan Road
    Woodstock, Illinois 60098
    (815)-568-6166
    Respectfully
    submitted,

    PCB
    02---41
    (Citizen’s
    Enforcement,
    Noise,
    Air)
    CVD
    CLERK’S
    OP1CE
    JPiN
    2
    3
    2003
    STAFE
    (J
    lLui’OlS
    Pollution
    Control
    Board
    PROOF
    OF SERVICE
    I, the undersigned,
    on
    oath, state that
    I served
    on the date
    of
    /
    ?c
    2
    &3,
    the attached
    Notice
    of
    Filing,
    and Complainant’s
    REPLY
    BRIEF,
    by certified
    mail, upon
    the
    following
    persons.
    The
    Clerk of the
    Board
    Illinois
    Pollution
    Control Board
    James
    R. Thompson
    Center,
    Suite 11-500
    100 W. Randolph
    Street
    Chicago,
    Illinois 60601
    Joseph
    Gottemoller
    One North
    Virginia
    Street
    Crystal
    Lake, Illinois
    60014
    Milton
    and Virginia
    Itholz
    Bradley
    P.
    Halloran,
    Hearing
    Officer
    Illinois
    Pollution
    Control
    Board
    James
    R.
    Thompson Center,
    Suite
    11-500
    100
    W.
    Randolph
    Street
    Chicago,
    Illinois 60601
    %
    ‘‘i
    (Notary
    Public
    Milton and
    Virginia
    Kamholz
    1306
    Sullivan
    Road
    Woodstock,
    Illinois
    60098
    (815) 568
    6166
    ‘OFFICIAL
    SEAL”
    SHERALYNN
    F.
    THUROW
    Notary
    Public,
    State
    of
    illinois
    ,isson
    Exp.
    02/05/2005
    BEFORE
    THE
    ILLINOIS
    POLLUTION
    CONTROL
    BOAR])
    ))
    MILTON
    and VIRGINIA
    KAMHOLZ
    )
    Complainants
    )
    )
    v.
    )
    )
    )
    LAWRENCE
    and
    MARIANE
    SPORLEDER
    )
    )
    Respondents
    )
    SUBSCRIBED
    AND
    OF

    CIFRT<plCE
    J1N
    2
    3
    2003
    SlATE
    OF
    ILLINOIS
    Pollution
    Control
    Board
    Milton and
    Virginia
    Kamholz
    1306 Sullivan
    Road
    Woodstock,
    Illinois
    60098
    (815)
    568 6166
    January21,
    2003
    Clerk of the
    Board
    State
    of Illinois
    Pollution
    Control
    Board
    100
    W.
    Randolph
    Street
    Suite 11-500
    Chicago,
    Illinois
    60601
    RE:
    PCB 02-41
    Dear Clerk
    of the
    Board,
    Enclosed,
    please
    find
    an
    original
    and
    9
    copies
    of
    a
    Notice of Filing,
    and a
    Complainant’s
    Reply
    Brief.
    Also
    please find
    a
    notarized
    Proof
    of Service
    for said mailing.
    Sincerely
    yours,
    Milton
    and
    Virginia
    Kamholz

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