REC.~~VED
CLERK’S oFr!CF~
BEFORE THE ILLINOIS POLLUTION CONTROL
BOARD
JUL
152003
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
Chicago, IL 60601
NOTICE OF FILING
PLEASE TAKENOTICE that
I
have, on July
15, 2003, filed with the Office ofthe Clerk
ofthe Pollution Control Board the Respondent’s Motion for Site Visit, recaptioned as
such, but otherwise identical to that filed July 10, 2003, a copy ofwhich is herewith
served upon you.
(7~r~
David G. Harding
Attorneys for Respondents
100 N. LaSalle St., Suite
1107
Chicago, IL
60602-3803
(312) 782-3039
CERTIFICATE OF SERVICE
I, David G. Harding,
certify that on July
15, 2003,1 served the attached Motion for Site
Visit by delivery to Dorothy M. Gunn and Bradley Halloran at their 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
RECEIVED
CLERK’S
OFFICE
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
JUL
15
2003
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.
)
MOTION FOR SITE VISIT
Respondent, Franldin Fisher, herein moves the Board, pursuant to 35
Ill.Adm.Code
§
10 1.632 to conduct a site visit in order to make a more comprehensive
record, and in support thereof, states as follows:
1. The sound ofwhich 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
longerproduced until the following year.
4. Winding up discovery, the setting ofa hearing is imminent.
WHEREFORE, Respondents, Franklin Fisher and Phyllis Fisher, move the
Board to conduct a site visitbefore the end ofSeptember, 2003.
Respectftilly submitted,
G. Harding
Attorney for Respondents
100 N. LaSalle St., Suite
1107
Chicago, IL 60602-3803
(312) 782-3039
1