PAUL and DONNA
husband and wife
Jeff Grelyak,
V.
THE ILLINOIS POLLUTION CONTROL BOAI~D
FREDRICKSON,
Complainants
Respondent.
)
)
)
)
)
)
)
)
NOTICE OF FILING
PLEASE TAKE NOTICE that I have today filed with the Office of the Clerk of the Pollution
Control Board Respondent’s Answer in this matter.
~eorge W. Tinkham
attorney for Respondent
ARDC reg. #2836149
1119 S. 6th Street
Springfield, IL 62703
(217) 523-8300
CERTIFICATE OF SERVICE
I, the undersigned, certify that I have this day served the attached Answer by mailing first class
upon the following persons:
Illinois Pollution Control Board
Attention: Clerk
100 W. Randolph Street
James R. Thompson Center
Suite 11-500
Chicago, Illinois 60601
Jeremy W. Shaw, Esq.
40~Brink Street
Crystal Lake, Illinois 60014
Date: 19 December 2003
Illinois Pollution Control Board
Attention: Bradley P. Halloran, Hrg. Officer
100W. Randolph Street,
James R. Thompson Center
Suite 11-500
Chicago, Illinois 60601
kG’eorge W. Tuikham
RECEIVEI~
CL~RK~5OF~1(.F
DEC 22 2UO~
STATE OF ILLINOI~
Pollution Control Board
fr
‘-S
-
RECEIVEJJ
CL1~RK’5OFFr~
THE ILLINOIS POLLUTION CONTROL BOARD
DEC 22 2003
PAUL and DONNA FREDRICKSON,
)
husband and wife
)
STATE OF IWNOIS
Complainants
)
Pollution Control Board
)
v.
)
PCBO4-19
)
Jeff Grelyak,
)
Respondent.
)
-
ANSWER
COMES NOW Respondent Jeffrey S. Grelyak by counsel and answers the complaint filed
against him in this matter as follows:
-
1.
Respondent accepts as true the allegations made ~nparagraph I of the Complaint fHed in
this matter.
2. Respondent accepts as true the allegations made in paragraph 2 of the Complaint filed in
this matter.
3. Respondent, accepts as true the allegations made in paragraph 3 of the Complaint filed in
this matter, except that Respondent’s full first name is “Jeffrey.”
4. Respondent denies the allegations in paragraph 4 of the Complaint filed in this matter.
Specifically, Respondent denies there is a continuous operation of ATVs and motorcycles
on Respondent’s property and that said operation creates excessive and intolerable noise,
dust, and fumes. Respondent lacks sufficient knowledgeto determine whether the alleged
noise, dust, and fumes directly travel on and through Complainants’ property; but demands
strict proof of such allegation.
5. Respondent denies that he is violating, or has violated, any part of the Environmental
Protection Act and/or Board regulations as alleged in paragraph 5.
6. Respondent denies the allegations in paragraph 6 of the Complaint filed in this matter,
except that Respondent lacks sufficient knowledge to determine the distance of
Complainants’ property; but demands strict proof of such allegation and that Respondent
admits ATV and motorcycle riding does take place on Respondent’s property.
7. Respondent admits the allegation in paragraph 7 of the Complaint filed in this matter that
motorcycles and ATVs have been operating on Respondent’s property for more than one
year. He admits said vehicles are sometimes ridden on weekdays. He denies that riding
takes place on his property nearly every Saturday and Sunday from March through
Fredrickson v. Grelyak, PCB #04-19
P~nswer;page 2 of 2
November. He denies these vehicles are ridden during all daylight hours on the days of
operation. Respondent admits that there may have been as many as 10 ATV5 or motor-
cycles operating on his property at the same time at some date in the past.
8. Respondent denies the allegations in paragraph 8 of the Complaint filed in this matter.
9. Respondent denies the allegations in paragraph 9 of the Complaint filed in this matter that
ATV or motorcycle operations on his property generate pollution, constitute violations of any
statutes or regulations, and cause unreasonable interference and intrusion into the lives of
Complainants.
10. Respondent lacks sufficient knowledge respond to the aflegation in paragraph 10 of the
Complaint filed in this matter; but demands strict proof of such allegation
11.
Respondent accepts as true the allegations made in paragraph 11 of the Complaint filed in
this matter.
Respecifully submitted,
Jeffrey S. Grelyak, Respondent
By/4~~~t~
eorge W. Tinkham
his attorney
-
ARDC reg. # 2836149
George W. Tinkham
1119 S. 6th Street
Springfield, Illinois 62703
(217) 523-8300