KYLE NASH,
Complainant,
V.
LOUIS JIMENEZ,
Respondent.
IN I HE MAI TER BEFORE THE
ILLINOIS POLLUTION CONTROL BOARD
PCB 07-97
(Citizens Enforcement – Noise)
RECEIVED
C
LERK'S OFFICE
STATE
01F6IL2LWIN7OIS
Pollute Control Board
NOTICE,
To:
?
Clerk
Illinois Pollution Control Board
100 West Randolph Street
Suite 11-500
Chicago, Illinois 60601
Bradley P. Halloran
Hearing Officer
James R. Thompson Center,
Suite 11-500
100 West Randolph Street
Chicago, Illinois 60601
PLEASE TAKE NOTICE that I have today filed with the Office of the Clerk of
the Illinois Pollution Control Board a
MOTION FOR SUMMARY JUDGEMENT and
AFFIDAVIT OF SERVICE ,
a copy of which is herewith served upon the assigned
Hearing Officer and the
Respondent.
ectfully subminCy,
t/11
Kyle
Nash
Pro Se
Dated: November
16 , 2007
1630 W. 33rd Place
Chicago, Illinois 60608-6202
773.744.1954
AFFIDAVIT OF SERVICE
RECEIVED
CLERK'S
OFFICE
NOV 1 E 2007
I, the undersigned, on oath or affirmation, state that on (month, day, year)
?
STATE. OF ILLINOIS
the respondent
November
by: (check
I ,
2007
appropriate
?
? I
line)served
the attached notice and motion for su
mmar011
urof
y
jud'arr
.
n
At
ard
X
1st class mail
to the address below:
RESPONDENTS ADDRESS:
Name
Lou
is Jimenez____
Street?
1628
W. 33rd Place
City, state, zip code ___Chicago, allisois 60608-6202
(list each respondent's name and address if m ltiple respondents)
Street 1630 W. 33rd Place
City, state, zip code
Chicago, Illinois 6060E-6202
Subscribed to and sworn before me
this /4
of
•2onA-0-4-Ai-bs—
?
20<Z./
Ca2NAnOACOASIEZNotary
Public
My commission expires
OFFICIAL SEAL
—CARMEN-PIERZCHALSKI
NOTARY PUBLIC
•
STATE OF ILLINOIS
MY COMMISSION EXPIRES:08119/09
State of Illinois
POLLUTION CONTROL BOARD
JAMES
R.
THOMPSON CENTER
100 W. RANDOLPH STREET, SUITE
11-500
CHICAGO, ILLINOIS
60601
RECEIVED
C
LERK'S
OFFICE
NOV 1 6
2007
STATE OF ILLINOIS
Pollutror,
Control Board
COMPLAINANT'S MOTION FOR SUMMARY JUDGMENT
AS A
MATTER OF LAW
BEFORE THE
ILLINOIS POLLUTION CONTROL
BOARD
Kyle Nash
(Insert your name(s) on lines
above),
Complainant(s),
PCB 07-97
(Citizens Enforcement - Noise)
(Insert name(s) of alleged polluter(s)
on lines above),
Respondent(s).
COMPLAINANT'S MOTION FOR SUMMARY JUDGMENT
AS A
MATTER OF LAW
Complainant, Kyle Nash, pro se requests that this Board rule, based upon the undisputed facts that Re-
spondent made no filing to dispute any claims made by the Complainant within the first sixty (60)
days following documented service to Respondent and 2) no Motion of Leave to File an Answer nor any
Answer to the Complaint were on file as of the September 20, 2007, phone status hearing. Respondent
stated on August 9, 2007, in the status hearing that his lawyer would be submitting appropriate docu-
ments post haste. Were I not acting pro se and therefore understood that
1
could at that point have done
so, I would have filed a Motion for Summary Judgment as a Matter of Law on post-service day #61. It
would have been submitted soon after the August 9, 2007, status hearing had I not been waiting for ser-
vice from the Respondent and then been hospitalized for a number of weeks.
STATEMENT OF FACTS RELEVANT TO THIS MOTION
Describe the type of pollution that you allege and the location of the alleged pollution.
Describe the duration and frequency of the alleged pollution.
Wind chimes. They have been variably placed on the front porch and in the back yard.
Over the years, we have experienced any number of difficult 24/7 noise problems with
these neighbors. The first documented incident was in 1997.
As best I can recall, the initial set of wind chimes was audible on their front porch in
August of 2004. At some point (I don't recall the date), that set of wind chimes was
moved 24/7 into their backyard. Another set of wind chimes was then hung 24/7 on
their front porch.
Whenever there is any kind of breeze noise can be heard. At those times, the noise can
be heard incessantly 24 hours a day often for days and days at a time. There may then
be a break of a day or so when there is no breeze but soon the noise begins all over
avant I wrote a number of letters respectfully requesting that the Respondent stop polluting
and also requested that the Center for Conflict Resolution (CCR) contact Respondent
so that we could avail ourselves of their free mediation services. CCR tried to contact the
Respondent three (3) times. The Respondent did not reply.
Describe any had effects that you believe the alleged pollution has or has had on
human health, on plant or animal life, on the environment, on the enjoyment of life or
property, or on any lawful business or activity:
I tie negative elects my two sons and I experience include, but are not limited to: pain and hearing latigue; exacerbated hearing
impairment problems including tinnitus; annoyance and interference with regular social behavior (e.g., increased irritation, agitation,
anxiety, frustration, and helplessness); interference with speech communication; sleep disturbance and the attendant consequences
of that on both long and short term bases; cardiovascular effects including heart palpitations and higher blood pressure, gastric,
digestive, and nutrition problems, negative hormonal responses (i.e., increased stress hormones) and their consequences on
metabolism and the immune system (e.g. headaches, nausea, increased illness); cognitive problems including loss of concentration
and memory difficulties; increased sense of alienation and hopelessness; and decreased performance and loss of productivity at work
and school.
(My older
son
and 1 work out of our home; my younger son is a college student who studies at home.)
My sons and I have experienced a marked loss of enjoyment of our lives and enjoyment of our property. As a result of this noise
pollution, we often don't want to come home anymore, we don't like being in our home when we are there. and we don't any longer
enjoy the neighborhood we've lived in and loved for almost 20 years now.
Page 2
I am seeking an order that the respondent stop polluting.
(Complainant's signature)
LEGAL DISCUSSION
List specific sections of the Environmental Protection
Act.
Board regulations. Board
order, or permit that you allege have been or are being violated:
TITLE VI. NOISE
Section 24. Acts Prohibited.
No person shall emit beyond the boundaries of his property any noise that unreasonably
interferes with the enjoyment of life or with any lawful business or activity,
so as to violate any regulations or standard adopted by
the Board under this Act.
ATTACHMENTS
/
ENCLOSURES
I. Letter
from The Center for
Conflict Resolution regarding their failure to get a response from the Respondent.
2. One (I) CD for both PC and Mac which includes:
A.
Two (2) .jpg photographs of the windchimes. (They may look small but they are extremely noisy.)
B.
One ( I ) .mp3 audio file of the combined chiming created by the Respondents' windchimes. (1 filed simul-
taneous complaints against both of my neighbors who live on either side of m
y home at a distance of only about
six
(6) feet on either side.) This recording was made on a mini hand recorder
without amplification
in the summer
of 2007 while standing in my living room. I cannot afford air-conditioning, so the windows were wide open.
During the winter months when my windows are closed, they chime with the sexact ame clarity but simply somewhat
muted. They can he distinctly heard in many rooms on both the first and second floors of my home.
CERTIFICATION
1,
?
Kyle Nash ?
,
on oath
or affirmation, state that I have read the foregoin g
and that it is accurate to the best of my
knowledge.
(Complain'ant's ature
\v,
Subscribed t and sworn before me
this ?
I (0 ?
day
of AttuR Ylti ,
20_01
Notary
ls-NCYKSti/
Public
My
commission expires:
OFFICIAL SEAL
CARMEN PIERZCHALSKI
NOTARY PUBLIC • STATE OF ILLINOIS
08/19/09
Page 3
urkman Pollard
Manager of Mediation Services
Center tor Conflict Resolution
4/12%2007
Kyle
Nash
1630 W. 33rd Place
Chicago, IL 60608
Re: Case No. RDR 07-0374
Dear Ms. Nash:
Our efforts to schedule a mediation session for you have been unsuccessful. Therefore,
our office cannot be of service in this case.
If you have further questions, please contact us. Our office hours are Monday through
Friday, 9:00 a.m. to 5:00 p.m. Please refer to the case number listed above when
calling. Any case manager will be able to assist you.
Sincerel
y,
11 East Adams. Suite 500, Chicago. IL 60603 312.922.6464 Fax 312 922.6463
An lihnois net-lor-proli corpoearlon esraiThenea by The Mena Fier Areeriatine