RE
    CE ~VED~
    CLER1~SOFFICE
    THE ILLINOIS POLLUTION CONTROL BOARD
    ~
    1 9 2003
    PAUL and DONNA FREDRICKSON,
    )
    STATE OF ILLINOIS
    husband and wife
    )
    Pollution Control Board
    Complainants
    )
    )
    V.
    )
    PCB04-19
    Jeff Grelyak,
    )
    Respondent.
    )
    NOTiCE OF FILING
    PLEASE TAKE NOTICE that I have today filed with the Office of the Clerk of the Pollution
    Control Board the following:
    1. my appearance as attorney for Respondent Jeffrey S. Grelyak,
    2. Motion to Dismiss on behalf of Respondent Jeffrey S. Grelyak,
    3. Motion for Leave to File Instanter.
    Ge~geW. Tin kham
    attorney for Respondent
    ARDC reg. #2836149
    423 W. Vine Street
    Springfield, IL 62704
    (217) 753-2737
    THE ILLINOIS POLLUTION CONTROL BOARD
    PAUL and DONNA FREDRICKSON,
    )
    husband and wife
    )
    Complainants
    )
    )
    v.
    )
    PCB04-19
    )
    Jeff Grelyak,
    )
    Respondent.
    )
    CERTIFICATE OF SERVICE
    I, the undersigned, certify that I have today served the attached Appearance, Motion to Dismiss,
    Motion for Leave to File
    Instanter,
    and Notice of Filing to the persons listed below by the
    methods indicated:
    1. Illinois Pollution Control Board by telefax and by mail,
    2. Complainants by mail, and
    3. Jeremy W. Shaw, Esq., attorney for Complainants.
    The signed original and nine duplicate copies were mailed to the Board by placing said
    documents in an envelope with proper postage affixed and by giving said envelope to a Postal
    Service employee at a post office in Springfield, Illinois. Said envelope being addressed to:
    Illinois Pollution Control Board
    Attention: Cerk
    100 W. Randolph Street
    James R. Thompson Center
    Suite 11-500
    Chicago, Illinois 60601
    Likewise the other copies were placed in envelopes with proper postage affixed and mailed at a
    US post office in Springfield, Illinois. Those envelopes were addressed to:
    PAUL and DONNA FREDRICKSON
    Jeremy W. Shaw, Esq.
    8915 Ferris Road
    40 Brink Street
    Harvard, Illinois 60033
    Crystal Lake, Illinois 60014
    Date: 17 September 2003
    G orge W. Tinkham,
    attorney for Respondent
    ARDC reg. # 2836149
    423 W. Vine Street
    Springfield, IL 62704
    (217) 753-2737
    CLERK’S OFFICE
    SEP 192003
    THE ILLINOIS POLLUTION CONTROL BOARD
    PoJIutjSTATE0~OFControlILLINOISBoard
    PAUL and DONNA FREDRICKSON,
    )
    husband and wife
    )
    Complainants
    )
    )
    v.
    )
    PCB04-19
    )
    Jeff Grelyak,
    Respondent.
    MOTION FOR LEAVE TO FILE
    INSTANTER
    COMES NOW Respondent Jeffrey S. Grelyak by counsel and asks the Illinois Pollution Control
    Board to allow the filing of his Motion to Dismiss
    instanter.
    In support of this Motion,
    Respondent states that he received the Complaint initiating this proceeding on or about 18
    August 2003. Although Respondent believes the U.S. Postal Service will post mark the
    envelopes containing said Motion with today’s date, he is not certain that will happen. If the
    envelopes have a later date, Respondent would like his Motion to Dismiss to be accepted.
    Furthermore, a facsimile copy of the Motion to Dismiss has been sent telephonically to the Clerk
    of the Board pursuant to authorization of Bradley Halloran, the hearing officer assigned to this
    case. Respondent asks that the telefax copy be accepted and considered by the Board until
    such time as the hard copies arrive by mail.
    A telefax copy of an affidavit by Respondent supporting this Motion is attached.
    G~6rgeW.Tinkham,
    attorney for Respondent
    ARDC reg. # 2836149
    423 W. Vine Street
    Springfield, IL 62704
    (217) 753-2737
    BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
    PAUL and DONNA FREDRICKSON,
    )
    husband and wife
    )
    Complainants
    )
    )
    v.
    )
    PCBO4-19
    )
    Jeff Grelyak,
    )
    Respondent.
    APPEARANCE
    I hereby file my appearance in this proceeding, on behalf of Jeffrey Grelyak,
    Respondent.
    George W. Tinkham
    attorney for Respondent
    ARDC reg. #2836149
    423 W. Vine Street
    Springfield, IL 62704
    (217) 753-2737
    THE ILLINOIS POLLUTION CONTROL BOARD
    CLERK’S
    OFFICE
    PAUL and DONNA FREDRICKSON,
    )
    SEP
    192003
    husband and wife
    )
    STAT
    Complainants
    )
    ~
    ~~EOFILLINOIS
    )
    ollutIon Control Board
    v.
    )
    PCBO4-19
    Jeff Grelyak,
    )
    Respondent.
    MOTION TO DISMISS
    Comes now, George W. Tinkham attorney for Respondent Jeffrey Grelyak, and moves the
    Illinois Pollution Control Board to dismiss the Complaint, in whole or in part, in this matter for the
    following reasons:
    1. The Complaint does not state the time or dates on which the alleged pollution occurred.
    Without this essential information, Respondent is unable to determine what activities and
    conditions were taking place on or near his property that might tend to affect the
    environment.
    2. The Complaint fails to identify what law prohibits the alleged noise pollution. Reference is
    made to “Title 35, Subtitle II, Chapter J, Part 900.102
    I
    Title 35, Subtitle H, Chapter I, Part
    900.102(a).” This citation is incomplete because it does not indicate whether the provisions
    allegedly violated are statutory (i.e., part of the Illinois Compiled Statutes) or regulatory (i.e.,
    found in the Illinois Administrative Code). Unless Respondent is informed of what laws he
    has supposedly violated, he cannot answer or defend against charges made against him.
    3. Although the Complaint does state which statute (~9(a)of the Illinois Environmental
    Protection Act) Respondent allegedly violated by causing air pollution, the Complaint does
    not state how Respondent may have caused a violation. §9(a) prohibits air pollution which
    violates “regulations or standards adopted by the Board under this Act... .“ Nowhere in the
    Complaint is there an indication of which specific regulations or standards have been
    violated.
    4. Illinois is a “fact-pleading” state. A complaint must state facts sufficient to bring its claims
    within the scope of the cause of action asserted. Vernon v. Schuster, 179 III.2d 338, 688
    N.E.2d 1172 (1997). §101.100(b) of the Board’s General Rules (35 III. Adm. Code
    101.100(b)) states that “the Board may look to the Code of Civil Procedure and the
    Supreme Court Rules for guidance where the Board’s procedural rules are silent.” Because
    the Illinois Supreme Court has ruled that a complaint must state sufficient facts to support
    the claims made, Respondent respectfully asks this Board to do likewise. In this matter,
    Complainants have not alleged sufficient facts to support a finding of impermissible air- or
    noise pollution.
    Fredrickson v. Grelyak, PCB 04-19
    -2-
    Motion to Dismiss
    5. A complaint so devoid of discernible facts as that of Complainants should be considered
    frivolous and without merit.
    NOW THEREFORE, Respondent requests that the Illinois Pollution Control Board dismiss the
    complaint in this matter and close this proceeding.
    Respectfully submitted,
    Jeff
    S. Grelyak
    By:
    G or
    W. Tinkham, his attorney
    Date: 17 September 2003
    George W. Tinkham
    attorney for Respondent
    ARDC reg. #2836149
    423 W. Vine Street
    Springfield, IL 62704
    (217) 753-2737

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