BTL/1/2/03
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n
fl
Attorney No. 90068
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STATE OF ILLINOIS
.
.
~.YL
COUNTY OF COOK
)
STATE OF ILLINOIS
STATE OF ILLiNOIS
Pollution
Control Board
POLLUTION CONTROL BOARD
100 W. RANDOLPH STREET,
SUITE 11-500
CHICAGO, ILLINOIS 60601
MORRY GABEL, MYRA GABEL,
)
DON FOREMAN, MARSHA FOREMAN,
)
KEITH PINSONEAULT and TRACY PINSONEAULT.
)
)
Complainant,
)
)
vs.
)
No. PCB 03-38
)
THE WEALSHIRE, INC., an
)
ILLINOIS CORPORATION.
)
)
Respondent.
)
)
ANSWER
TO FORMAL COMPLAINT BEFORE THE
ILLINOIS POLLUTION CONTROL BOARD
NOW COMES the Respondent THE WEALSHIRE,
INC.,
by its attorneys Ash, Anos,
Freedman & Logan, L.L.C. and in response to
the Formal Complaint Before the Illinois Pollution
Control Board captioned above states:
1.
Your Name, Address and Phone:
Morry
Gabel, 20 Ashford Court, Lincoinshire, Illinois 60069, (847) 821-0447.
ANSWER:
Respondent makes no answer to paragraph number 1 since theparagraph is
informational.
2.
Place where you can be contracted during normal business hours (if different from above):
Morry Gabel, do Chuhak & Tecson, P.C., Attn: Mitchell S. Feinberg, 30S. Wacker
Drive, Suite 2600, Chicago, Illinois 60606 (312)
855-4356.
ANSWER:
Respondent makes no answer toparagraph number 2 since theparagraph is
informational.
3.
Name and Address ofRespondent (AllegedPolluter):
The Wealshire, Inc.,
Attn:
Arnold Goldberg, 150 Jamestown Lane, Lincoinshire,
Illinois
60069, (847) 883-9000.
ANSWER:
Respondent admits the information as to theRespondent’s address and
denies the remaining legal conclusions.
4.
Describe the type ofbusiness or activity which you allege (believe) is causing pollution (for
example, manufacturing company, grain, elevator, home repair shop):
The operating of
Air Conditioner Unit(s)
on the Respondents property (Northside)
closest to Complainants properties.
The business is an Alzheimer’s care facility.
ANSWER:
Respondentadmits that it has air conditioning condensing i.e.,
chiller units
on its property, which
is devoted to the care ofAltheimerpatients and deny
the remaining allegations ofparagraph 4 on each ofthem.
5.
List specific Sections ofthe Environmental Protection Act andlor Board regulations which
you allege (believe) arebeing violated:
35 Ill. Adm. Code, Subtitle H, Chapter I, Section 900.106;
415 ILCS 5/24 (formally Ill. Rev. Stat. 1991, CH.
111 1/2, Par. 1024);
35 Ill. Adm. Code, Subtitle H, Chapter I, Section 900.102;
35 Ill. Adm. Code, Subtitle H,
Chapter I, Section 901.102a
35 Ill. Adm. Code, Subtitle H,
Chapter I, Section 901.102b;
ANSWER:
Respondentfinds no Section 900.106 in thepublishedRegulations and
denies the remaining allegations and legal conclusions ofparagraph 5 and
each ofthem.
-2-
6.
Describe the type ofalleged pollution (for example air, odor, water, drinking water, sewer
back-ups) and the location ofthe allegedpollution.
Be as spec~flc
aspossible in describingthe
pollution discharge or emission.
Noise is caused by the operation ofthe
Air
Conditioner Unit(s) located on the
North
side of the “The Wealshire” located at 150 Jamestown Lane, Lincolnshire, IL 60069.
The noise pollution source is located in the proximity ofthe Complainant’s properties
and consists ofcommercial size unit(s).
It consists ofthe motor, fan and
accompanying noise from the unit(s).
ANSWER:
Respondent is informed that the condensingunits complained ofare sold
with the manufacturer’s spec~/ications
and met the local BOCA Code when
installed and denies that the condensing units generate noise in violation of
thestatute or administrative rules.
7.
Describe the duration and frequency ofthe alleged pollution.
Be as specific as possible
aboutwhen you first noticed the alleged pollution,
how frequently it occurs, and whether it is still
continuing; include dates andlor times ofday if available.
The noise pollution occurs year-round, almost constantly throughout the day and
night (24 hours per day), with the greatest frequency, volume, and duration during
the summer.
ANSWER:
Respondentdenies that the air conditioning condenser units ident~fIed
by the
Complainants in paragraph 4 and 5 operate year round and state
affirmatively thatthey are out ofservicefor approximately 7 months during
thefall/winter and early springand therefore deny the allegations of
paragraph
7 and each ofthem.
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 Air Conditioner Unit(s) operated by the Respondent has
resulted in an unreasonable interference with the use and enjoyment-of
Complainants’ properties, disturbance during the night of their sleep which
endangers the physical and emotional health and well-being ofthe Complainants’ and
depresses the value ofComplainants’
properties.
-3-
ANSWER:
Respondent denies the allegations and legal conclusions in paragraph
8 and
each ofthem.
9.
Describe the relief you wishthe Board to grant (for example, an order that the Respondent
stop polluting, perform a specific action, make a specific change in its operation, and/orpay a
money penalty; the Board caimot order Respondent to pay you money damages, attorney’s fees or
any out-of-pocket expenses which you incurby filing this complaint.
Complainants’ request that the Board enter an Order directing the Respondent to
cease and desist from further violations of applicable statutes and regulations and
more specifically relocate the Air Conditioner(s) to the opposite side oftheir building
where there are commercial, not residential properties
and/or vacant space.
In
the
alternative, sound barriers or devices be employed that would affirmatively reduce all
noise violations to levels not in violation or current laws.
Complainants’ request the
Board to enter such further, or other, relief it deems appropriate under the
circumstances.
ANSWER:
Respondentasks theBoard to assess the situation and determine that no
violations are occurring and enter an order denying reliefto the
Complainants.
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
to Complainants.
Complainants met with Mr. Goldberg ofWealshire
but no resolution of the noise pollution has been achieved.
ANSWER:
Respondentadmits thatthere are no known other Complainants other than
in this cause and admits that theRespondent’s staffhas met with thePlaint~sbut denies the legal
conclusion that there is any noise pollution generatedby the equzpment identified by the
Complainant’s.
-4-
11.
CERTIFICATION (Optional but encouraged)
Bruce T. Logan
Ash, Anos, Freedman & Logan, L.L.C.
77 West Washington Street
Chicago, IL 60602
312-346-1389
THE WEALSHIRE, INC., an Illinois
-5-
AFFIDAVIT
OF SERVICE
Theundersigned, being first duly sworn on oath, deposes and
says that she served the above
and
foregoing
Answer
To
Formal
Complaint
Before
The
Illinois
Pollution
Control
Board
by
mailing a copy to
Clerkofthe Board, State ofIllinois Pollution Control Board,
100 West Randolph,
Suite
11-500,
Chicago,
IL
60601,
to
Bradley
P.
Halloran,
Hearing
Officer,
Illinois
Pollution
Control Board,
James R.
Thompson Center, Suite
11-500,
100 West Randolph Street, Chicago, IL
60601,
and
to Mitchell
S. Feinberg, Chuhak & Tecson, P.C., 30 South Wacker Drive,
Suite 2600,
Chicago, IL
60606
and
depositing
same
in
the
U.S.
Mail
Chute
at
77
West Washington Street,
Chicago, Illinois 60602, at 5:00 P.M.
on January 2, 2003, with proper postage prepaid.
I~k~Tk
C~-~v~
Subscribed and sworn to before me
thi~~_~iday
ofJanuary, 2003.
NOTARYPUBLIC