1. NOTICE OF FILING
      2. CERTIFICATE OF SERVICE
      3. ILLINOIS POLLUTION BOARD
MICHAEL A. PETROSIUS and DARLA G.
PETROSIIJS
Complaintants,
V.
ILLINOIS STATE TOLL HIGHWAY
AUTHORITY
Respondent.
RECE~VED
CLERK’S OFFICE
)
FEB 21f 2004
)
STATE OF ILLINOIS
Pollution Control Board
)
No. PCB
04-36
)
(Citizens’ Enforcement Noise)
)
)
)
)
)
)
)
)
NOTICE OF FILING
To:
Carol Sudman
Hearing Officer
Illinois Pollution Control Board
600 S. Second St., Suite 402
Springfield, IL 62704
Michael A. and Dana G. Petrosius
7335 Maridon Road
LaGrange, IL
60525
• Please take notice that on the 23~’day of February, 2004, Respondent ILLINOIS STATE TOLL
HIGHWAY AUTHORITY mailed for filing the attached INTERROGATORIES
TO THE
PLAINTIFF,
REQUEST
TO PRODUCE TO THE PLAINTIFF
AND
REQUEST FOR
ADMISSION OF FACTS
with Dorothy
M.
Gumi, the Clerk ofthe Illinois Pollution Control
Board, Illinois Pollution Control Board, James R. Thompson Center, 100
W.
Randolph St., Ste.
11-500, Chicago, IL 60601,
LISA MADIGAN, 33616
Attorney General ofIllinois
By:
Victor F. A~ar
Assistant Attorney General
Illinois Toll Highway Authority
2700 Ogden Avenue
Downers Grove, IL 60515
(630) 241-6800 (x1540)
CERTIFICATE OF SERVICE
The undersigned, being first duly sworn upon oath, deposes and states that copies ofthe
foregoing were served upon the above named individuals at the above addresses by depositing
the same in the United States mail chute located at 2700 Q.gden Aye, D~W~iersGrove, IL
60515
on the 23rd day ofFebruary 23, 2004, with
ILLINOIS POLLUTION BOARD
and SWORN to before me
• 2004.
OFFICIAL SEAL
LOPRIE 1. CATAUDEU.A
Notary Public
-
State of Illinois
My Commission ExpIres Nov 2L 2006
•
AECEWEDCLERK’S
OFFICE
ILLINOIS POLLUTION CONTROL BOARD
FEB 242004
•
STATE OF ILLINOIS
MICHAEL A. PETROSIUS and DARLA G.
)
Pollution Control Board
PETROSIUS,
Complainants,
v.
)
PCB 04-36
(Citizens’ Enforcement
—
Noise)
THE ILLINOIS STATE TOLL HIGHWAY
AUTHROITY,
Respondent.
INTERROGATORIES TO THE PLAINTIFF
NOW COMES
the Respondent, the Illinois State Toll Highway
Authority, by their attorney Lisa Madigan, Attorney General of
the State of Illinois, and pursuant to the Hearing Officer Order
of December 15, 2003 the Illinois State Toll Highway Authority
submits the following interrogatories:
1. State the full names of all residents of 7335 Maridon Road,
LaGrange, Illinois as well as dates of birth of each
resident as well as marital status.
2. State the full name and current residence address of each
person who witnessed or claims to have witnessed the
alleged noise.
3. State the date the Plaintiffs purchased the residence.
4. State the date the residence at 7335 Meridon Road,
LaGrange, Illinois was constructed.
5. State whether the Plaintiffs obtained an appraisal of the
residence located of 7335 Maridon Road, LaGrange, Illinois.
If yes, please date the date of any appraisal.
6. State the date the Plaintiffs first detected alleged noise.
7. State the date the Plaintiffs first complained of the
alleged noise.
8. State the length of time from when the Plaintiffs first
detected the alleged noise and filed their complaint with
the Illinois Pollution Control Board.
9. State the reason for the length of time between the first
detection of the noise and the filing of the Complaint with
the Illinois Pollution Control Board.
10. As a result of the alleged noise, state any other legal
actions taken.
11. Describe in detail the sources of the noise.
12. Describe the methodology and equipment used to determine
that the Pollution Control Board’s dB ~equirements were
violated and the Pollution Control Board’s dB criteria
referred to in Paragraph 7 of your complaint.
13. Describe the methodology of isolating the complained of
noise from the noise from the rail yard, truck facility and
other sources.
14. Describe for each resident of 7335 Maridon Road, LaGrange,
Illinois the physical injuries caused by the alleged noise
pollution.
15. With regard to the physical injures arising from the noise
pollution for each resident state:
(a) The name and address of each attending physician
and/or health care professional and date(s) of
treatment;
(b) The name and address of each consulting physician
and/or other health care professional and the
date(s) of treatment;
(c) The name and address of each person and/or
laboratory taking any tests and the date of
testing; and
(d) The name and address of any hospitals if
hospitalization was required and the date of
hospitalization.
16. Describe for each resident of 7335 Maridon Road, LaGrange,
Illinois the emotional or psychiatric and/or psychological
injuries caused by the alleged noise pollution state, if
any, the name of any psychiatric, psychological and/or
emotional injury claimed and the name and address of each
psychiatrist, physician, psychologist, therapist and/or
health care professional rendering you treatment for the
alleged noise pollution and the date(s) of treatment.
17. State the name(s), addresses, phone numbers and
qualifications of any experts retained by the Plaintiffs
which they intend to have testify or provide evidence.
18. Were any photographs, movies, videotapes and sound
recordings taken by you or someone else on your behalf of
the complained of sound wall or alleged noise pollution?
If the answer to this interrogatory is in the affirmative,
state the following:
(a) The date(s) and time(s) the photograph, movie,
video tape, sound recording and/or sound
measurement was taken;
(b) The name, address and occupation of the person
taking them; and
(c) The name and address of the person who now has
custody of them.
19. Was there any dB readings taken either in the inside or
outside of the residence located at 7335 Maridon Road,
LaGrange, Illinois? If the answer to this interrogatory is
in the affirmative, state the followin~:
(a) The date(s), time(s), location(s) and duration of
the dE readings that were taken;
(b) The name and address of the manufacturer and
model number of the dB testing equipment used;
(c) The name and address of the person calibrating
the dE equipment;
(d) The dB testing criteria and protocol used by the
tester;
Ce) The name, address, occupation and qualifications
of the person taking them; and
(f) The name and address of the person who now has
custody of the dB readings, criteria and
calibration.
20. Do the residents of 7335 Maridon Road, LaGrange, Illinois
utilize the complained of 1-294 and entrance ramp at
75th
Street? If yes, how frequently are the utilized?
21. Do the residents of 7335 Maridon Road, LaGrange, Illinois
have common carriers deliver merchandise, mail or other
items that would require the use of the complained of 1-294
and entrance ramp at
75th
Street? If yes, how frequently
are they utilized?
Respectfully submitted,
Victor F. zar
Assistant Attorney General
Attorney for the Defendant
Illinois State Toll Highway Authority
2700 Ogden Avenue
Downers Grove, Illinois 60515
~C~VEDCLERK’S
OFFICE
ILLINOIS POLLUTION CONTROL BOARD
•
FEB 2~2UO4
MICHAEL A. PETROSIUS and DARLA G.
)
STATE OF ILLINOIS
PETROSIUS,
)
Pollution Control Board
Complainants,
v.
)
PCB 04-36
(Citizens’ Enforcement
-
Noise)
THE ILLINOIS STATE TOLL HIGHWAY
AIJTHROITY,
Respondent.
REQUEST TO PRODUCE TO THE PLAINTIFF
NOW COMES the Respondent, the Illinois
State Toll Highway
Authority, by their attorney Lisa Madigan, Attorney General of
the State of Illinois, and pursuant to the Hearing Officer Order
of December 15, 2003 the Illinois State Toll Highway Authority
submits the following requests to produce:
1. The deed to the residence located at 7335 Maridon Road,
LaGrange, Illinois.
2. The sales contract for the residence located at 7335 Maridon
Road, LaGrange, Illinois
3. Any and all appraisals of the residence located at 7335
Maridon Road, LaGrange,
Illinois.
4. Any and all sound studies commissioned or requested by the
Plaintiffs for the residence located at 7335 Maridon Road,
LaGrange, Illinois.
5. Any expert reports and the qualifications of any experts
that the Plaintiffs intend to utilize at the hearing.
Respectfully submitted,
Victor F. ar
Assistant Attorney General
Attorney for the Defendant
Illinois State Toll Highway Authority
2700 Ogden Avenue
Downers Grove, Illinois 60515
RECE~VE~
CLERK’S OFFiCE
ILLINOIS POLLUTION
•
CONTROL BOARD
~rQ’~l~2OQ4
I
MICHAEL A. PETROSIUS and DAR.LA G.
)
PollutionSTATE
OFControlILLINOISBoard
PETROSIUS,
Complainants,
v.
)
PCB 04-36
(Citizens’ Enforcement
—
Noise)
THE ILLINOIS STATE TOLL HIGHWAY
AUTHROITY,
Respondent.
REQUEST FOR
ADMISSION OF
FACTS
NOW COMES the Respondent, the Illinois State Toll Highway
Authority, by their attorney Lisa Madigan, Attorney General of
the State of Illinois, and pursuant to the Hearing Officer Order
of December 15, 2003 the Illinois State Toll Highway Authority
requests the admission of the truth of the following relevant
facts.
1. That the 1-294 toll highway was constructed and operational
prior to the construction of the residence located on 7335
Maridon Road, LaGrange, Illinois.
2. That the
5th
Street entrance ramp on the 1-294 was
constructed and operational prior to the Plaintiffs,
Michael A. Petrosius and Dana G. Petrosius purchased the
residence located at 7335 Maridon Road, LaGrange, Illinois.
3. That the Plaintiffs, Michael A. Petrosius and Darla G.
Petrosius purchased the residence located on 7335 Maridon
Road, LaGrange, Illinois after the sound wall was
constructed.
4. That the Plaintiffs, Michael A. Petrosius and Darla G.
Petrosius occupied the residence located on 7335 Maridon
Road, LaGrange, Illinois after the sound wall was
constructed.
5. That the noise levels have not increased significantly
since the Plaintiffs, Michael A. Petrosius and Darla G.
Petrosius purchased and occupied the residence located at
7335 Maridon Road, LaGrange, Illinois.
6. That the Plaintiffs, Michael A. Petrosius and Darla G.
Petrosius inspected the residence located at 7335 Maridon
Road, LaGrange, Illinois prior to purchasing and occupying
said residence.
7. That the purchase price of the residence located at 7335
Maridon Road, LaGrange, Illinois made by Michael A.
Petrosius Request to Admit
January 2, 2004
Page 2 of2
PetrosiUs atid Darla G. Petrosius reflected its location and
the sound levels at the residence at the time of purchase.
8. That the Plaintiffs, Michael A. Petrosius and Dana G.
Petrosius were aware of the location and the noise levels
of the residence located at 7335 Maridon Road, LaGrange,
Illinois at the time of purchase.
9. That the Plaintiffs, Michael A. Petrosius and Darla G.
Petrosius were aware that there was a trucking facility
near the interchange at the time the residence located at
7335 Meridon Road, LaGrange Illinois was purchased by them.
10. That the Plaintiffs, Michael A. Petros±usand Darla G.
Petrosius were aware that there was a rail yard that
handled freight trains near their residence, located at
7335 Meridon Road, LaGrange Illinois at the time of
purchase.
11. That the Plaintiffs, Michael A. Petrosius and Dana G.
Petnosius notice a reduction of noise between the two sides
of the sound wall.
12. That the Plaintiffs, Micahel A. Petrosius and Dana G.
Petrosius utilize the complained of entrance ramp
personally.
13. That the Plaintiffs, Micahel A. Petrosius and Darla G.
Petnosius have common carriers utilize the complained of
entrance ramp when delivering items to their home.
Respectfully submitted,
Victor F. A~r
Assistant Attorney General
Attorney for the Defendant
Illinois State Toll Highway Authority
2700 Ogden Avenue
Downers Grove, Illinois 60515

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