RECEIVED
CLERK’S
OFFICE
BEFORE
THE ILLINOIS POLLUTION CONTROL BOARDJUL
~2OO3
BARBARA
STUART and RONALD
)
STATE
OF ILLINOIS
STUART,
)
Pollution Control Board
Complainants,
)
)
v.
)
No.
PCB 02-164
)
Citizen Enforcement
FRANKLIN FISHER and
PHYLLIS
)
FISHER,
)
Respondents.
)
To:
Dorothy M.
Gunn
Barbara & Ronald Stuart
Bradley P. Halloran
Suite 11-500
213
E. Corning Road
Suite 11-500
100 W. Randolph
St.
Beecher, IL 60401
100 W. Randolph St.
Chicago, IL 60601
NOTICE OF FILING
PLEASE TAKE NOTICE that I have, on July
10, 2003, filed with the Office of the Clerk
of the Pollution Control Board the Respondent’s Motion for Site Visit, a copy of which is
herewith served upon you.
David G.
Harding
Lopez & Harding
Attorneys for Respondents
100 N. LaSalle St.,
Suite
1107
Chicago, IL 60602-3 803
(312) 782-3039
CERTIFICATE OF
SERVICE
I, David G. Harding, certif~i
that on
July
10,
2003, I served the attached Motion for Site
Visit by delivery to Dorothy M. Gunn at her
address as shown above,
and by pre-paid first
class mail upon all others to whom directed to their addresses as shown above.
THIS
FILING IS SUBMITTED ON RECYCLED PAPER
BEFORE THE ILLINOIS
POLLUTION CONTROL B~K~~F’~
BARBARA STUART and RONALD
)
JUL
9
2003
STUART
)
Complainants,
)
STATE
OF
ILLINOIS
)
Pollution
Control Board
v.
)
No.
PCB 02-164
)
Citizen Enforcement
FRANKLIN FISHER and PHYLLIS
)
FISHER,
)
Respondents.
)
MOTION TO DISMISS AS
FRIVOLOUS /
FOR FAILURE TO STATE A CAUSE OF ACTION
Respondent, Franklin Fisher, herein moves the Board, pursuant to 35
Ill.Adm.Code
§
101.632 to
conduct a site visit in order to
make a more comprehensive
record,
and in
support thereof, states as follows:
1.
The sound of which Complainants
have complained is produced in
a context.
2.
The presence ofgrowing crops, distance from Complainants to
source, nature
ofthe sound itself and the sounds
otherwise associated with the vicinity, is relevant to
the determination ofwhether there is
pollution under applicable standards.
3. On or about October
1 ofeach year, the context in which the sound is
produced is altered and the sound is no longer produced until the following year.
4. Winding up discovery, the setting of a hearing is imminent.
WHEREFORE, Respondents, Franklin Fisher and Phyllis Fisher, move the
Board
to conduct a site visit before the ~nd of September, 2003.
Respectfully submitted,
David G. Harding
Attorney for Respondents
100 N. LaSalle St., Suite 1107
Chicago, IL 60602-3803
(312) 782-3039
1