Milton and
Virginia
Kamholz
I
Ii
‘
1306 Sullivan
Road
U \.-
1
Woodstock,
Illinois
60098
Phone:
(815)
568
6166
STATE
OP
ILL
iNOjs
oIIut
Con
trol
Board
May 15,
2002
BY
CERTIFIED
MAIL
RETURN REQUESTED
Illinois Pollution
Control
Board
Attention:
Clerk
of the
Board
James
R Thompson
Center, Suite
11-500
100
W Randolph
Street
Chicago,
Illinois
60601
Re:
PCB 02-41 Karnholz
v.. Sporleder
Dear
Clerk of
the Board,
Enclosed, please
find
a
Notice
of
Filing,
for a
Motion
To
Compel
for answers
to
Complainant’s
Interrogatories
from the
Respondents
Lawrence
and
Mariann
Sporleder.
This is filed
by the Complainants,
Milton
and Virginia
Kamholz, and
directed
to
Hearing Officer
Bradley
Halloran.
Proof of Service
is also
enclosed.
Please
find one original
of the Motion,
along
with four copies,
as
stated
in Section 10
1.302
(h)
(1)
of the Pollution
Control
Board’s
Procedural
Rules.
Sincerely
yours,
1/t-
44/
Milton
and
Virginia Kamholz
Milton and Virginia
Kamholz
1306
Sullivan
Road
Woodstock,
Illinois
60098
(815) 568
6166
CLER1<
OFPTCE
M4Y
i
iLLINOIS
POLLUTION
CONTROL
BOARD
+
MILTON
and
VIRGINIA
KAMHOLZ
)
STATE
OF
ILLINOIS
Pollutto,,
Control
Board
Complainants
)
PCB
02-41
)
(Citizen’s
Enforcement
case
Air,
Noise)
v.
)
)
LAWRENCE
and
MARIANN
SPORLEDER
)
)
Respondents
)
NOTICE
OF
FILING
To:
The
Clerk
of
the
Board
Illinois
Pollution
Control
Board
100
W.
Randolph
Street
James
R
Thompson
Center
Suite
11-500
Chicago,
Illinois
60601
Bradley
P.
Halloran
Hearing
Officer
Illinois
Pollution
Control
Board
100
W.
Randolph
Street
James
R
Thompson
Center
Suite
11-500
Chicago,
Illinois
60601
Joseph
Gottemoller,
attorney
for
the
Respondents
One
North
Virginia
Street
Crystal
Lake,
Illinois
60014
PLEASE
TAKE
NOTICE
that
I
have
today
filed
with
the
Office
of
the
Clerk
of
the
Pollution
Control
Board,
a
Motion
to
Compel,
for
the
Respondent’s,
Lawrence
an
Mariann
Sporleder
“Request
to
Produce”
and
for
the
“Interrogatories
To
Be
Answered
By
The
Respondents.
This
filing
is
being
issued
by
the
Complainants,
Milton
and
Virginia
Kamholz,
and
is
directed
to
Hearing
Officer
Brad
Halloran.
copy
is
herewith
served
upon
you.
Milton
and
Virginia
KamhoIComplainan
May
15,
2002
Milton
and
Virginia
Kamholz
1306
Sullivan
Road
Woodstock,
Illinois
60098
BEFORE
THE
ILLINOIS
POLLUTION
CONTROL
BOARD
CU!RWS
O
MJY
16
2002
MILTON
C.
AND
VIRGINIA
L.
KAMHOLZ
)
1ATEOPIWNOIS
PoI!t,
0
Control
Board
Complainants
)
)
PCB
02-41
)
(Citizen’s
Enforcement
—
Air,
Noise)
v.
)
)
)
LAWRENCE
and
MARIANE
SPORLEDER
)
)
)
Respondents
)
MOTION
TO
COMPEL,
FOR
RESPONDENTS
ANSWERS
TO
COMPLAINANTS
REQUEST
TO
PRODUCE
Complainant’s
Milton
and
Virginia
Kamholz,
come
before
you
with
a
MOTION
TO
COMPEL
for
Respondents
Lawrence
and
Mariann
Sporleder’s
response
to
Complainant’s
Request
to
Produce,
pursuant
to
the
Boards
Procedural
Rules,
Subart
F,
Sec.
101.614
regarding
“Production
of
Information,”
and
Sec.
101.616
(h)
regarding
“Discovery.
Question
#
1
Regarding
question
and
answer
to
#1
of
The
Request
to
Produce,
Complainants
accept
the
Respondents
response,
however
there
is
a
concern
that
nothing
was
presented
at
this
time,
regarding
previously
known
information.
Respondents
should
take
this
opportunity
to
respond
at
this
time,
if
possible.
Question
#
2
Again,
the
response
raises
concern
regarding
the
lack
of
response
for
previously
known
evidence.
The
Complainants
do
not
understand
the
response,
“Investigation
continues.”
Some
previously
known
evidence
or
information
regarding
this,
was
due
on
May
31
We
understand
and
respect
that
Duty
to
seasonably
supplement
applies.
This
motion
to
compel,
gives
them
an
opportunity
to
respond
differently
if
they’d
like
to.
Based
on
the
fact
that
nothing
was
presented,
we
request
that
you
consider
and
record
Complaint’s
concerns,
and
motion
to
compel
if
possible
to
do
so.
Complainants
are
not
seeking
sanctions,
just
timely
information.
Milton
and
Virginia
Kamholz
1306
Sullivan
Road
Woodstock,
Illinois
60098
(815)
568
6166
Respectihily
submitted,
CLERKS
OFFICE
BEFORE
THE
ILLINOIS
POLLUTION
CONTROL
BOARD
iy
I
2002
MILTON
C.
AND
VIRGINIA
L. KAMHOLZ
)
STATE
OF
IWNOIS
)
Pollu
Hon
Control
Bocr
Complainants
)
)
PCB 02-4
1
)
(Citizen’s
Enforcement
— Air, Noise)
v.
)
)
)
LAWRENCE
and
MARIANE
SPORLEDER
)
)
)
Respondents
)
MOTION
TO COMPEL
ANSWERS
TO
INTERROGATORJES
Complainants Milton
and
Virginia
Kamholz
bring before
you a motion
to
compel
answers
to
the
complaint’s
interrogatories
pursuant
to the
Board’s
Procedural
Rules,
Subpart
F,
Section
101.616
(a) (b)
(d)
(e)
(g)
and
(h).
Following
are
the
reasons
for
this request.
Interrogatory
#
1.:
Insufficient
response.
The
question
asks
for
names
and
addresses.
Please
use
this
opportunity
to answer
the
question.
Interrogatory
# 2:
Incomplete
answer:
Respondents
should
use
this opportunity
to
amend
their
response.
Section
101.616(h)
of
the Boards
Procedural
Rules.
Interrogatory
#
3:
Evasive
answer.
Please
answer
(a)
Interrogatory
#
4.
Insufficient,
evasive
response.
The
question
states
the fact
that it’s
a rule you’ve
imposed.
The
question
asks why?
Interrogatory
#
5
OK
Interrogatory
#
6
OK
Interrogatory
# 7
Incorrect
information.
Respondents
should
use this
opportunity
to amend
this
answer.
Interrogatory
#
8
Unresponsive
:
Complainants
do not
understand
why,
or
agree
to, the
reasoning
that
this
question
is beyond
the scope
of permissible
questions.
Pursuant
to
Subpart
F, Sec.
101.616
(a) and
(b)
the question’s
answer
will
support
the complainant’s
claims
of
frequent
and
continious
,riding,
and
is
relevant
to the
case.
The
question
does not
ask for
any private
or damaging
personal
information.
It’s
no
secret
to anyone
that
the boys
live there.
“Living
there,
as
opposed
to visiting,
makes
a huge
difference
in
the
riding
patterns.
Complainants
request
that
this
question
be answered.
PLEASE
NOTE:
I WILL
CHANGE
TillS
OUESTION
TO
READ:
Has
your
grandson
Kelly,
ever
had
occasion
to live with
you
in your
home,
over
the
past
10
years?
Yes
or No?
Interrogatory
#
9
OK
Interrogatory
#
10
This
answer
is incomplete.
Complainants
accept
it
as
is.
Interrogatory
#
11
Answer
accepted.
Pg 2
Interrogatory
# 12
Insufficient and
incorrect answer.
Evasive. Please read and answer. Complainants
know
when you
responded, they ask why
you
didn’t respond to earlier attempts
to
deliver.
Interrogatory
#
13
Unresponsive answer. Complainants do not understand why, or
agree with your
reason
as
to why this question is beyond the scope of permissible
questions.
Sec.
101.616
(a)
and
(b)
Complainant
requests
an answer to this question. It’s not a
privacy
matter. It’s big, and
every one can see
it, including
any
prospective buyer of our property. It’s
107
fret
from
the
dividing property line. Your
intent is important to us, and to
our
lives.
We are retired, and want to make plans. Complainant Milton
will be 67 years old this
June, and he
would
like to know if you
intend
to have a dirt bike track of this
magnitude on your
property. This information is also to Virginia. This information
is relevant
to
the
case
and this question
deserves
an
answer. On what grounds would a question like this be
protected from an
answer?
Please respond.
Interrogatory # 14
OK
Interrogatory # 15
OK
Interrogatory
#16
Ifyou do
supplement, Complainants would appreciate addresses.
Interrogatory # 17
OK
This motion to compel answers to
interrogatories is respectfully submitted on
May 15, 2002.
Complainants do
not seek sanctions ,just timely answers
and information.
Sincerely
+dt1
/øfhf3
Milton d
Virginia
Kamholz.
Milton and Virginia
Kamholz
1306
Sullivan Road
Woodstock, Illinois
60098
(815) 568
6166
VERIFICATION BY CERTIFICATION
Under penalties as provided by law pursuant to Section 109 of the
Code
of Civil
Procedure, the
undersigned
certifies that the statements
set forth in this instrument are true, correct, and complete, except
as to
matters
therein stated
to
be on
information
and
belief
and as to such matters the undersigned certifies
as
aforesaid
that he
verily believes
the same to be true.
;&
Milton
Kamholz
(Virginia
Kamholz
SUBSCRIBED AND SWORN TO
Bef
me this /ffday
of
(Notary public
/
SHERALYNN
F.
THUROW
Notary
Public,
State
of
Illinois
My
Commission
Exp.
02/05/2005
RECEIVED
BEFORE
THE
ILLINOIS POLLUTION
CONTROL
BOARDCLIS
flFP
MIW
16
2002
MILTON
C.
and
VIRGINIA
L. KAMHOLZ
)
STATE
OF
IWNOIS
)
Pollution
Control
Board
Complainants
)
)
v.
)
PCBO2-41
)
(Citizens
Enforcement
—
Air,
Noise)
LAWRENCE
and
MARIANE
SPORLEDER
)
)
Respondents
)
)
RESPONDENTS’
ANSWERS
TO
COMPLAINANTS’
REOUEST TO
PRODUCE
Now
come
the
Respondents,
LAWRENCE
and
MARLkNE
SPORLEDER,
and in
answer
to
Complainants’
Request
to
Produce,
provide
the
following:
1.
With
regard
to the
motorized
vehicles
that
have
been
ridden,
and
or
operated,
on
your
property from
within
70
to
160
feet
of
the complainant’s
residence,
during
the
past
10
years,
please
provide
documentation
relating
to,
and
confinnation
of, factory
installed
mufflers
for
each
vehicle.
ANSWER:
Respondents
are
not
in
possession
of any
documentation
relating
to,
and
conlinnation
of,
factory
installed
mufflers
for
each
vehicle.
Respondents
reserve
the
right
to
supplement
their
answer.
VERIFICATION
BY CERTIFICATION
Under
penalties
as provided
by law
pursuant
to
Section
109
of
the Code
of Civil
Procedure,
the
undersigned
certifies
that
the
statements set forth in
this instrument are
true,
correct,
and
complete,
except
as to
matters therein
stated
to
be on information
and belief and
as to
such
matters
the
undersigned
certifies
as aforesaid
that he verily believes
the
same
to
be true.
r)1
MARTANE
SPORLEDE
SUBSCRIBED
AND
SWORN
TO
before
me this
day
of
MADSEN, SUGDEN
& GOTTEMOLLER
Attorneys
for
Respondents
One
North
Virginia Street
Crystal
Lake,
IL
60014
(815)459-5152
2.
Please provide
any
documentation,
which
will
form the
basis
of
your
denials
of
complainant’s
allegations
of air and
noise
pollution
violations.
ANSWER:
Investigation continues.
CLERI<’S
OFpr
BEFORE
THE
ILLINOIS
POLLUTION
CONTROL
BOARD
‘
1
6
2002
STATE
OF
IWNOJS
PoJ!tj
MILTON
C.
and
VIRGINIA
L.
KAMHOLZ
)
0
Con
trol
B
Oar
)
Complainants
)
)
v.
)
PCB02-4
1
)
(Citizens
Enforcement
—
Air,
Noise)
LAWRENCE
and
MARIANE
SPORLEDER
)
)
Respondents
)
)
RESPONDENTS’
ANSWERS
TO
COMPLAINANTS’
INTERROGATORIES
Now
come
the
Respondents,
LAWRENCE
and
MARIANE
SPORLEDER,
and
in
answer
to
Complainants’
Request
to
Produce,
provide
the
following:
(1)
Please give
the
names
and
addresses
of
the
people
who
have
ridden
or
operated
a
motorized
vehicle
on
your
property
during
the
past
10
years
with
in
a
range
of
70
to
160
feet
of
the
complainant’s
residence.
ANSWER:
Friends
of family
and
family including
Lawrence
and
Mariann
Sporleder.
We
cut
grass
up
by
the
fence
line
and
use
the
ATV
to
water
the
evergreens
that
we
planted.
(2)
Please give
the
following
information
about
all
of
the
motorized
vehicles,
on
or
off
road,
that
have
been
operated
on
your
property
within
the
range
of
70
to
160
feet
of
the
complainants’
residence,
during
the
past
10
years.
(a)
The
model
of
the
vehicle
(b)
The
manufacturer
of
the
vehicle
(c)
The
year
of
the
vehicle
(d)
The
engine
size
of
the
vehicle
(e)
The
engine
type
(2
cycle
or
4
cycle)
ANSWER:
1996
Kawasaki
— KX250-2cycle
1993
Polaris
—350
Trail
Boss-2cycle
1993
Suziki-RM
250-2
cycle
Two
4
cycle
go-karts
Respondents
reserve
the
right
to
supplement
their
answer.
•1
(3)
Please
state
which
vehicles
are,
or
were,
equipped
with
(a)
factory
installed
muffler
(b)
a
spark
arrester
ANSWER:
All
vehicles
have
standard
factory
equipment.
A
spark
arrester
is
not
required
for
the
type
of
riding
the
vehicles
were
used
for.
(4)
Please
state
why,
since
the
year
2000,
do
you
only
allow
the
operation
of
the
motorized
vehicles
to
take
place
between
the
daytime
hours
of
10
am
and
8
pm?
ANSWER:
The
time
frame
was
a
rule
we
imposed
on
the
riders.
(5)
During
the
past
10
years,
have
you
ever
had
a
designated
area
on
your
property
that
was
of
a
certain
oval
or
round
shape,
free
of
sod,
and
used
specifically
for
the
purpose
of
riding
recreational
vehicles
on
it?
ANSWER:
Yes.
(6)
During
the
past
10
years,
were
you
ever
made
aware
of,
and
asked
to
address
a
noise
problem
that
was
being
caused
by
the
operation
of
a
motorized
vehicle
on
your
property?
ANSWER:
Yes
(7)
During
the
past
10
years,
has
the
complainant,
any
member
of
the
complainants’
family,
or
anyone
else,
operated
a
motorcycle,
ATV,
go
kart,
or
any
other
off
the
road
vehicle,
either
on
their
ownproperty,
or
on
yours?
Is
so,
please
state:
(a)
The
name
and
address
of
operator
(b)
Date
and
time
of
operation
(c)
The
type
of
vehicle
operated
ANSWER:
Complainants
operated
a
golf
cart,
and
lawn
tractor
over
the
last
10
years.
Children
of
complainants’
rode
mini-bikes
(8)
During
the
past
10
years,
have
your
2
grandsons,
Donald
and
Kelly,
lived
with
you
in
your
home?
If
so
please
state:
(a)
The
years,
and
how
many
months
of
each
year
stated:
ANSWER:
The
interrogatory
is
beyond
the
scope
of
permissible
questions,
and
Respondent
object
on
those
grounds.
(9)
Were
you,
and/or
the
operators
other
vehicles,
aware
that
the
complainants
were
taking
decibel
readings
while
the
riding
was
taking
place?
ANSWER:
No
(10)
Please
give
the
names
and
addresses
of
the
riders
and
drivers,
operating
motorized
vehicles
on
your
property
on
Mother’s
Day,
May
13,
2001.
ANSWER:
Don
Peterson,
Woodstock,
IL
Matt
Mullin,
Woodstock,
IL
Tammy
Lane,
McHenry,
IL
Clayton
Lane,
McHenry,
IL
Alyssa
Lane,
McHenry,
IL
SpencerLane,
McHenry,
IL
Mariarm
Sporleder,
Woodstock,
IL
Kelly
Krampotich,
Woodstock,
IL
(11)
Of
all
of
the
motorized
vehicles
that
have
been
operated
on
your
property
during
the
past
10
years,
within
the
range
of
70
to
160
feet
of
the
complainant’s
residence,
were
any
of
them,
or
are
any
of
them
now,
EPA
legal?
ANSWER:
Yes
(12)
Please
state
the
reason
for
not
responding,
as
directed,
to
the
complainant’s
complaint
last
September,
October,
November,
and
December,
of
2001,
and
up
to
the
end
of
February,
of
2002?
ANSWER:
Notice
was
first
received
in
December,
via
personal
delivery.
At
which
time
we
responded
after
the
February
7,
2002
telephone
conference.
-
I
(13)
Is
the
newly
excavated
area, cleared
of
sod,
and
strategically
placed
dirt
mounds,
on
your
property,
the
beginning
of
a
new
dirt bike
track?
ANSWER:
The
interrogatory
is
beyond the
scope
of
permissible
questions,
and
Respondent
object
on
those
grounds.
(14)
Have
you
discussed
the
complainant’s
noise
and air
allegations
with
your
friend
and
neighbor,
Mr.
Price?
ANSWER:
Yes.
(15)
What
did you
tell
Sheriff
Deputy,
Anthony
Pena,
when
he
came
to
talk
to
you
on
the
evening
of
Wednesday,
May
16, 2002,
regarding
the
noise
complaint
of
Mother’s
Day,
May
13, 2001?
Please
state
what
you
told
him
about
the
complainants?
ANSWER:
Respondents
do
not
have
any
recollection
of
what
was
said
during
the
conversation.
If
a
report
was
written,
one
can
be
obtained
from
the
Sheriff’s
Department.
(16)
Please
provide
the
name
and
addresses
of
each
witness
who
will
testify
at
trial,
and
state
the
subject
matter
of
each
witness’
testimony.
ANSWER:
Tammy
and
Clayton
Lane,
McHenry,
Illinois
Don
Peterson,
Woodstock,
Illinois
Matt
Mullin,
Woodstock,
Illinois
Mariann
and
Larry
Sporleder,
Woodstock,
Illinois
Each
witness
will
testify
to
the
history
and
their
involvement
of
operating
motorized
vehicles
on
Respondents’
property.
If
so
questioned,
each
witness
will
testify
to
the
type
of
vehicle
they
have
operated
on
Respondent’s
property.
Respondents
reserve
the
right
to
supplement
their
answer.
(17)
Please
provide
the
name
and
address
of
each
opinion
witness
who
will
offer
any
testimony,
and state:
(a)
The
subject
matter
on
which
the
opinion
witness
is
expected
to
testify;
(b)
The
conclusions
andlor
opinions
of
the opinion
witnesses
and
the
basis
thereof
including
reports
of
the
witnesses,
if
any;
(c)
The
qualifications
of
each
opinion
witness,
including
a
curriculum
vitae
and/or
resume,
if
any;
and
(d)
The
identity
of
any
written
reports
of
the
opinion
witnesses
regarding
this
occurrence.
ANSWER:
Investigation
continues.
VERIFICATION
BY
CERTIFICATION
Under
penalties
as provided
by law pursuant
to
Section
109
of
the Code
of Civil
Procedure,
the
undersigned
certifies that
the
statements
set forth in
this
instrument
are
true,
correct,
and
complete,
except
as
to
matters
therein
stated to be
on
information
and
belief
and as to
such
matters
the
undersigned
certifies as
aforesaid
that he
verily believes
the same
to be true.
L
WRENCE
SPOR EDER
N
MARIANE
SPORLEDER
SUBSCRIBED
AND
SWORN
TO
before
me this
‘
day
of
N
ublic
-I
MADSEN,
SUGDEN
&
GOTTEMOLLER
Attorneys
for
Respondents
One
North
Virginia
Street
Crystal
Lake, IL
60014
(815)459-5152
BEFORE
THE
ILLINOIS
POLLUTION
CONTROL
BOARD
MILTON
C.
and
VIRGINIA
L.
KAMHOLZ
)
)
Complainants
)
)
v.
)
PCBO2-41
)
(Citizens
Enforcement
—
Air,
Noise)
LAWRENCE
and
MARIANE
SPORLEDER
)
)
Respondents
)
)
PROOF
OF
SERVICE
TO:
Milton
and
Virginia
Kaniholz
1306
Sullivan
Rd
Woodstock,
IL
60098
I,
KEITH
SLOAN,
on
oath
state
that
I
mailed
Respondents
Answers
to
Interrogatories
and
Request
to
Produce
to
the
party
to
whom
it
is
directed
by
re,gular
mail
by
depositing
the
same
in
the
U.S.
Mail
at
Crystal
Lake,
Illinois,
on
the
,
day
of
,4iA
,
2002,
at
approximately
5:00
p
.m.
with
proper
postage
prepaid.
KEITH
SLOAN
SUBSCRIBED
AND
SWORN
TO
before
me
this
day
of
vY),Th-1
,2002
-
PATRICIA
A
SCHMITT
Y
PUBUC,
STATE
OF
IUJN
Notary
Public
MY
COMMteSON
EXPmE8:O7l2e,o
MADSEN,
SUGDEN
&
GOTTEMOLLER
Attorneys
for
Respondents
One
North
Virginia
Street
Crystal
Lake,
IL
60014
(815)459-5152
BEFORE
TIlE
ILLINOIS
POLLUTION CONTROL
BOAR])
MILTON
and VIRGINIA KAMHOLZ
Complainants
LAWRENCE
and
MARIANE
SPORLEDER
Respondents
)
)
)
)
)
PCB
02---41
(Citizen’s
Enforcement,
Noise,
Air)
)
)
)
)
)
)
)
PROOF
OF
SERVICE
I,
the
undersigned,
on oath,
state
that
I served
the attached
Notice
of
Filing,
to
the
Clerk
of
the
Board
,and
a Motion
to
Compel
,for
Request
to
Produce,
and
Interrogatories
to
be
answered
by
Respondents,
directed
to
Hearing
Officer
Bradley
Halloran,
upon
the
following
persons
by Certified
Mail
on this
date
of
May
15,
2002.
The
Clerk
ofthe
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
Bradley
P. Halloran,
Hearing
Officer
Illinois
Pollution
Control
Board
James
R. Thompson
Center,
Suite
11-500
100
W. Randolph
Street
Chicago,
Illinois
60601
“OFFICIAL
SEAL”
SHERALyNN
F.
THUROW
Notary
Public,
State
of
Illinois
My
Commission
Exp.
02/05/2005
Milton
and
Virginia
Kamholz
1306
Sullivan
Road
Woodstock,
Illinois
60098
(815) 568
6166
v.
SUBSCRIBED
AI%D
SWORN
TO
BEFORE
ME
TIllS
OF