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KANKAKEE DISTRICT OFFICE:
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E-MAIL: jpnovak@keynet.nel
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ASS/STANT MAJORITYLEADER
September 2, 2003
J. PHILIP NOVAK
~
122003
STATE REPRESENTATIVES 79TH DISTRICT
Illinois Pollution Control Board
~‘1AiEOF ILUNQIS
Brad Halloran, Hearing Officer
1-ollution Control Board
James R. Thompson Building, Suite 11-500
100 W. Randolph St.
Chicago, IL 60601
Dear Mr. Halloran:
I am writing this
eronbehalf~fmy constituent Ms. Barbara Stuart. I a~kthat this letter be an attachment
to her case file
It is my understanding that the reason that this noise complaint was filed is because of the use of propane
cannons to deter crows from melon crops. Ms. Stuart filed this case against her neighbor 1\’Ir. Franklin Fisher
for the use of such cannons. This area of Beecher is agricultural and residential. I do agree that, to the
residential citizens, the use of these cannons is a noise nuisance. However, for farmers this is one of few effective
permissible uses to protect their crop. Therefore, it leaves only one alterative for the residential citizens, and
that unfortunately is to go to the Illinois Pollution Control Board with a citizen enforcement case.
As the Representative of this area, I find this a very difficult situation when solutions between neighbors cannot
be worked out to accommodate both the resident for noise and the farmer to protect his crop. Both are entitled
to property rights under the law. I do commend Ms. Stuart for her efforts in taking this issue to the Pollution
Control Board. I see that this is the only way for resolve.
Mr. Halloran, as the PCB board case proceeds, I ask that all professional resGurcesfromthe Illinois E.P.A. to
the Illinois Department of Natural Resources to the U. S. Department of Agricultural Wildlife Services be
consulted to address this matter in making the decision that will affect both of these citizens and their quality of
life. For, if there is a violation of noise, we can correct and work together for alternative methods of crop
damage by birds.
Thank you in advance for your consideration of my request.
Sincerely,
Assistant M jority Leader
J.Philip Novak
State Representative
79th
District
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