CLERR’S
OFFrCE
SEP 2 5
2003
STATE
OF ILLINOIS
STATE OF
ILLINOIS
POLLUTION CONTROL BOARD
POllUtion Control Board
100 W. RANDOLPH STREET,
SUiTE
11-500
CHICAGO, ILLINOIS 60601
NOTE:
All items must be completed. If there is insufficient space to complete any item,
additional sheets may be attached, specifying the number of the item you are completing.
Once completed, you must file the original and nine copies with the Board.
FORMAL COMPLAINT
BEFORE THE
ILLINOIS
POLLUTION
CONTROL BOARD
Michael A. Petrosius
)
Darla G. Petrosius
________________________________________________________________
)
________________________________________________________________
)
(Insert your name(s) on lines
)
above),
)
)
Complainant,
)
v.
)
PCB__________
)
(For use by the Board)
The Illinois State Toll
)
Highway Authority
)
___________________________________________________________
)
________________________________________________________________
)
(Insert names of alleged polluter(s)
)
on lines above),
)
)
)
Respondent.
)
1. YourName,AddressandPhone:
Michael A. Petrosius
7335
Maridon Road
LaGrange IL 60525
Phone
708—354—5048
2.
Placewhereyoucanbe
Mobile
Phone
contacted during normal
business hours (if different
___________________________
from above):
Phone
708—473—7722
3. NanieandAddressofRespondent
The
Illinois State Toll
(Alleged Polluter)
Highway
Authority
2700
Ogden Avenue
Downers Grove IL 60515
Phone 630—241—6800
(if known)
4. Describe the
type
of business or activity
which you allege (believe) is causing pollution (for
example, manufacturing company,
grain
elevator, home repair shop)
Toll collectjon/enterance ramp, running northbound ~lor~g prnp~-r1-y
line onto 294 tollway.
5. List specific Sections of the Environmental Protection Act
andlor Board regulations which you
allege (believe)
are
being violated.
_________________________________________________________
35 Ill. Adm._Code, Subtitle H, Chapter I, Section 900.102
c
6. Describe the type of alleged pollution (for example air, odor, noise, water, drinking water, sewer
back-ups) and the location of the alleged pollution. Be as specific as possible in describing the
pollution discharge or emission.________________________________________________________
Noise is caused by traffic
along south
side of properties and
consists
of many types of noises— revving of semi—truck motors
uphill
on 75th street northbound entrance/toll collection ramp—
Jake breaking of semi truck motors slowing down to allow ramp traffic
to enter tollway— Empty semi containers/dumpsters driving over numerous
bumps and holes causing bouncing on pavement— All car and truck
tires speeding along
property
line causing excessive roaring noise.
7. Describe the duration and frequency of the alleged pollution. Be as specific as possible about when
you first noticed the alleged pollution, how frequently it occurs, and whether it is still continuing;
include dates and/or times of day if available.______________________________________________
The noise pollution was noted immediately on taking occupancy of
the property. The pollution is continuous, Twenty—four hours per
day, Seven days a week. The noise is so frequent that the IPCB db
requirement’s
are violated every minute, of every hour of every day
of the year. The Hodgkins industrial park, which includes UPS’s
largest trucking terminal is
the majority of truck traffic along
our property. It
is very frequent and increases
every year.
8. Describe any bad effects which you believe the alleged pollution has
on
human
health,
plant or
animal life, or the environment.__________________________________________________
The noise generated by the toll collectiOn ramp has resulted in an
unr~asonable interference with the use and
enjoyment of our property~
The noise during the night interferes with our sleep which endangers
the physical and emotional health and well-being of our children
and ourselves. The toll collection ramp along our property
decreases the value of our property.
9. Describe the relief you wish the Board to grant (for example, an order that the Respondent stop
polluting, perform a specific action, make a specific change in its operation, and/or pay a money
penalty; the Board cannot order Respondent to pay you money damages, attorney’s fees or any out-
of-pocket expenses which you incur by filing this complaint.
We
request that the board enter an order directing the respondents
to re-install the soundwalls to miximum lenghts and heights to
minimize
noise entering
our propert~.
The original sound study
taken when the ramp was built stated a wall 18 feet above the road
was
recommended.
The current soundwall is Four feet below toliroad,
and admittedly built in error and knowingly left as is by toliway.
10. State whether you know
if there is
any court or other forum in which you are or anyone else is
suing or complaining against this Respondent for the same alleged pollution discharge or emission.
None known. Previously had meeting with tollway representatives
explaining that their employee admitted the wall was built
incorrectly and was not stopping noise. However, no resolution
of
the noise pollution problem has been achieved.
11. CERTIFICATION (Optional but encouraged)
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having read the above do hereby swear and attest that I have read the
forgoing and I have filled out the above form accurately and to the best of my knowledge.
~é~Z~1~
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Subscribed to ai)d Sworn
before me
this
~‘1
~
day
ofS~P/P,i~/X/’i-9~_2_O.O~
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Notary Public
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•
NOTE: THIS FORM MUSTBE INCLUDED IN ThE SERVICE TO RESPONDENT
INFORMATION FOR RESPONDENT RECEIVING COMPLAINT
The Board will not accept this complaint that has been served upon you if the case is detem~1nedto
be either duplicitous or frivolous. IJuplicitous means that a similar case is pending in another court
or In another action before the Board. The response to question #10 in the complaint states the
opinion of the Complainant(s) on this issue.
S
Neither
can the Board accept the complaint if the action is frivolous.
Frivolous
means that the
requested
relief
is beyond the Board’s authority to grant. For example, the Board has the authority
to order the Respondent(s) to cease and desist the polluting activity and
order
a fine after following
certain procedures. The Board does not have the authority for example to grant monetaly
compensation to the Complainant for damage to health or property. Also, the Board cannot order
the polluting activity to cease while the case is pending, except under special circumstances. The
response to question #9 in the complaint states the opinion of the Complainant(s) on this Issue.
• If you believe this case is duplicitous or frivolous, please file a motion with the Board within two
weeks from the date of service. The motion must state the basis for which the motion is made and
a concise statement of the relief sought. Memoranda, affidavits, and any other relevant documents
should accompany the motion. If more time than two weeks is necessaly to gather supporting
• evidence, please indicate this within the two weeks and state your reasons as well as the amount of
additional time needed. Upon good cause, the Board may grant an extension at Its next Board
meeting.
Ten (10) copies of the motion must be filed with the Clerk of the Board with proof of service.
Service may be done either personally or by First Class United States mail. Mail service is
presumed completed four days after mailing.
If no response is received by the Board within two weeks, the Board, at its discretion, may fInd that
the complaint is not duplicitous or frivolous and may accept the case for hearing.
Lf you have any questions, please contact the Clerk’s Office, at (312) 814-3629.
CERTIFICATE OF SERVICE
The undersIgned, being first sworn, states, that an original copy of the complaint and a copy of the
notice of filing was mailed, or personally served, to the Respondent of this action at the below
listed address on this date
1- / ?
-
()3
by: (Check appropriate line)
___
Certified Mall (attach copy of receipt)
Registered Mail (attach copy of receipt)
____
Personal Service
S
RESPONDENT’S ADDRESS
NAME:
1i/~ .2t4/ho,5
S1a& 70/f
‘f”.
LC~t
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STREET:
~9’7oo
CITY,STATEANDZIP:
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•
________
Complainant(s)
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-
-‘—-—S
Notary Public
Ii
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KRISTA R DOLGNER ~
NOTARY PUBLIC, STATE OF WNO*S~
ION EXP~ES:OV~j
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UNITED S~7ES
POS~iLSE!
C/ICE
***** WELCOME TO
*****
WILLOW SPRINGS P0
WILLOW SPRINGS, IL 60460—1371
09/19/03 09:14AM
Store USPS
Trans 5
Wkstn sys5003
Cashier KNFTHT
Cashier’s Name
BARB
Stock Unit Id
SIABARB
PD Phone Number 708—839—6949
USPS II
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Total Cost:
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Total
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Change Due
Cash
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Return Reciept Fee
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Postage
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ID:
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09/19/03
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or on the front If space permits.
1. ArtIcle
Addressed to:
~c1Ue.
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2:U.i/1O1S
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SFPI 2
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•
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Insured Mail
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Express Mall
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4. Restricted Delivery?
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0 Yes
2.ArticleNumber
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200L
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PS Form 3811,Aügust 2001
âs~ne~tIcReturn.RecelPt
PLACE STICKER AT
OFTHE RETURNA~
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Agent
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Addressee
PS Form 3800, June 2002
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