State of Illinois

Pou .urioN

CoNrI~o~.

Bo~\R1

J.~MES

R~THO~1F’SON

CEr’a’ER

100

W.

RANDOLPh

S’lREE’r,S UFIE

11-500

CIIICACO,

fl.LINOIs

b0691

RECENVED

CLERK’S OFFtCE

JUN

2

It

2005

Pollution Control Board

BEFORE iii

E

iLL(No

IS

POLLUTION CONIRO L

BOARI)

(Insert

your name(s) on lines

above),

Complainant(s),

.

\,.

:~

~

(Insert

name(s) of alleged polluter(s)

)

on

lines above),

)

Note:

If you

do

not use

this

fi~rmal

complaint

ftrni and instead draft and type your own,

it

must

Contain

all ofthe information requested by this

firm.

All items must be completed.

If there is

insufficient

space to

complete any item, you

may attach additional

sheets, specifying the number

of the item

you are completing.

Once completed, you must file the original

and nine copies of

the 1.ormal complaint, notice to

respondent, and certificate of service with

the Clerk of the Board

at the above address.

)

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PCi3O~

n

)

(For Board use)

)

)

)

Respondent(s).

)

)

---

Your name, street address.

county,

state:

2.

Place where you can

he

contacted during

normal

business hours (if

cl

ilièrent

from

above):

3.

Name and address of respondent

(alleged polluter):

Phone:

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Phone:

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Phone:

70r

(if known)

4.

Describe the type ofbusiness or activity that you

allege is causing or allowing pollution

(c.g., manufacturing company,

home repairshop) and give the address of Ihe pollution

source

if

different

than

the address above:

ki~re

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---

5.

List specilie sections of the Environmental

Protection Act,

Board regulations,

Board

•

order, or permit that

you

allege

have been or are being violated:

6.

Describe the type of poflution

that you

allege

(e.g.,

air, odor, noise, water,

sewer back-

ups,

hazardous waste)

and

the location ofthe alleged pollution.

Be as specific as you

reasonably

can in describing

the alleged

pollution:

~

~

-~-•-—-.——.-

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~

7.

Describe the duration and frequency ofthe alleged

pollution.

Be as

specific as you

reasonably can

about when

you first noticed

the

alleged pollution, how

frequently it

•occurs,

and

whether it is still

continuing (include seasons

of

the year, dates, and

times of

clay

if known):

•

•

•

•

•

oc

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~—-~-----—----—-—.——

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---

8.

Describe any

had

effects that

YOLI

believe the alleged pollution has or has had on human

health, on

plant or animal

life, on

the environment, on

the enjoyment of life or property,

or on any lawful business or activity:

/4~c

/Qc/

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k~?)~7,

.--——--——.-,—-.---..——..---~—.----~--/.-——-.---~-—

—

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9.

Describe the relief that you seek from

the Board

(e.g.,

an order that the respondent stop

1)011 Utillg, take

1)011 ution

abatement measures, pertoiiii

a

cleanup,

reimburse cleanup costs,

change its operation, or pay

a civil

penalty (note that the Board cannot order the

respondent to pay your attorney fees or any out-of-pocket expenses

that you

incur by

pursuing an

enforcement action)):

-.--.~-—~—.-—--•

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10.

Identify any identical or sUbstantially similar case you know ofthat is already pending

•

before the Board or in another ibrum against this respondent for the same alleged

pollution (note

that

you need not include any complaints made to the Illinois

Environmental Protection Agency

or any

unit oflocal government):

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.--~--—__

-.—.~---~----~---*--~-__

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---

11.

State whether

you

are representing (a) yourself as an individual or

(b)

your

unincorporated sole proprietorship.

Also, state whether you

are an

attorney

and.,

if so,

whether you

a.re licensed and registered

to practice law in Illinois.

(Under Illinois law,

an

association, citizens group, unit of local government, or corporation must be represented

befbre the Board by an attorney.

Also, an

individual who is

not an attorney cannot

represent another individual or other individuals before the Board.

However, an

individual who is not an

attorney is

allowed to represent (a)

himselfor herself as an

individual or (h) his

or her unincorporated sole proprietorship, though

the individual may

prefer having attorney representation.):

12.

(Complainant’s signature)

CERTIFICATION

(optional

but encouraged)

1,

~

_~_~_.~_~__,

on oath or

affirmation, state that I have read the foregoing and that it is accurate to the

best ofmy

knowledge.

-

(Complainant’~—siguature)

Subscrihed~~nd

sworn

bcfhre me

this

~

day

~

Not~I~N~hlic

/

Lq1~

~

My commission expire~/J

I

---

C.ERTIFLCArFE OF SERVICE

1, the undersigned

on oath or affirmation, slate that on (month, day, year)

,

I served

the attached fonnal complaint and

notice oii the

respondent by:

(cVeck a~ro

ate line)

-.

certified mail (attach copy of receipt if available, otherwise

you must

lile

receipt later with Clerk)

-

registered

mail (attach copy ofreceipt if available, otherwise

you must file receipt later with Clerk)

messenger service (attach. copy of

receipt

if available, otherwise you must

11 Ic receipt later with Clerk)

—

personil

su vu.c (~ittich

athd

ivit

ii

av iihtblc

otlict

~

I

Sc

yOU

must

tile affidavit later with Clerk)

at the address below:

RESPONDENT’S ADDRESS:

Naipe

--

—.-.—

Street

City,state,zipcode

—-.-——--.--—-——--—---—-.--•.--.•-——

(list each respondent’s name

and. address if multiple respondents)

Complainant’s signature

Street

—--.-..•-—--._—•.

—---.-

Subscrihed~and sworn before me

this

day

ot~~

~

,

2l~~

My

conitu iss

ion

expircs~~~

Ctty, state, Zip

Code

---

NOTICE TO RESPONDENT

INUrE:

THIS

STATEMENT MUST

BE INCLUDED IN

THE SERVICE OF THE

FORMAL COMPLAINT ON THE

RESPONDENT

INFORMATION

FOR

RESPONDENT

RECE.IVENG FORMAL

COMPLAI N

Please take notice that today

I

filed with the Clerk

ofthe Illinois

Pollution

Control

Board

(Board) a formal complaint,

a copy of which is served on you

along with this notice.

You may

be required

to attend

a hearing on

a date

set by the

Board.

Information

about the Formal complaint proee~s

before the Board is fbund in the

Environmental Protection Act (Act)

(415 ILCS 5/i

et

seq.)

and the Board’s procedural

rules (35

Ill.

Adm.

Code

101

and

103).

These can

he

accessed at the

Board’s

Web sil:e

(www,ipch.slatc.itus).

The following is

a summary of some of the most important points in the

Act and the Board’s procedural rules.

It is provided for general

informational purposes only and

does

not constitLite legal

advice or substitute for the provisions of

any

statute, rule,

or regulation:

Board Acceptii~g

Formal Complaint for 1Ica~j~jo;

Motions

The

Board

will

not accept this

fori:nal

complaint for hearing if the Board finds that

it is

either “duplicative” or “frivolous” within the meaning ofSection 31(d) of the Act (415

•ILCS

5/31 (ci)) and

Section

101.202 ofthe Board’s

procedural rules (35 lii.

Adm.

Code

101.202).

“Duplicative” means that an

identical

or

substantially similar case is

already pending before the

Board or in court.

See

35

III. Adm. Code

103.212(a) and

item

10 ofthe tbrmal complaint.

“frivolous” means that the formal complaint seeks reliefthat the Board does not

have l:he

authority to giant, oi

fails to state a

cause

of action upon which the Boatd can grant icliet

Foi

exariiple. the Board has the authority to order

a respondent to stop polluting and pay a

civil

penalty, to

implement pollution abatement measures, orto

perform a

cleanup or reimburse

cleanup costs.

‘‘he

Board does not have the authority, however, to award attorney fees to

a

citizen complainant.

See 35

111. Adm.

Code

103.212(a) and

items

5

and

9 ofthe formal

complaint.

If you believe that this formal complaint

is duplicative or frivolous,

you may file a

motion

with

the Board, within

30 days

after the date

yOU

were served

with the complaint,

requesting that the Board

not accept the complaint for hearing.

The motion

must state the facts

supporting yourbelief

that the complaint is

duplicative or frivolous.

Memoranda, affidavits,

and

any other relevant documents may accompany the motion.

Ifyou need more time than

30 days

to file a motion

alleging that the complaint

is duplicative or frivolous, you must

file a motion for

an extension oftime

within 30 days after service ofthe complaint.

A motion

For an extension of

time must state why you need more time anti the amount ofadditional

time

you

need.

Timely

filing a

motion alleging that the complaint is duplicative or frivolous will stay the 60—day period

for filing an

answer to the complaint.

See

35

Ill. Adm.

Code

103.204,

103.212(b).

---

CLERK’S OFFICE

JUN 2k

2005

ST~0’~o~