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CLERR’S OFF’~p

STATE OF ILLINOIS

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8

2003

100 W. RANDOLPH STREET, SUITE 11-500

STATE OF ILLINOIS

CHICAGO, ILLINOIS 60601

Pollution Control Board

NOTE:

All items must be completed. Ifthere is insufficient space to complete any item, additional

sheets maybe attached, specif~~ingthe number ofthe 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

PAUL AND DONNA FREDRICKSON,

)

husband and wife

)

)

Complainants

)

v.

)

PCB

___________

)

JEFF GRELYAK,

)

)

Respondent.

)

COMPLAINT

1.

The Complainants are Paul and Donna Fredrickson, husband and wife (hereinafter

“Complainants”),who currently reside at

8915

Ferris Road, Harvard, McHenry County, Illinois

60033.

2.

Complainants may be contacted at (815)943-3140 or (630)279-1942.

3.

Respondent is JeffGrelyak (hereinafter “Respondent”), who, upon information and

belief currently resides at 8919 Ferris Road, Harvard, Illinois 60033.

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4.

The activity which is causing the pollution is the continuous operation ofATV’s and

motorcycles upon the Respondent’s property which creates excessive and intolerable noise, dust, and

fumes which directly travel on and through Complainant’s property.

5.

The specific Sections ofthe Environmental Protection Act and/or Board regulations

which are being violated are:

i.

Noise: Title

35,

Subtitle H, Chapter I, Part 900.102 / Title 35, Subtitle H,

Chapter I, Part 901.102(a);

ii.

Air Pollution: Section 9A ofthe Environmental Protection Act.

6.

The pollution and its location are as follows:

i.

Noise: Horrific, excessive, intolerable noise created by the riding and

“revving” ofmotorcycles and ATV’s. The riding takes place on Respondent’s property and

along the property line betweenComplainant’s and Respondent’s properties. ‘Complainant’s

home is located 50 feet from said property line. The noise is so excessive, Complainants are

forced to closed all window and doors while the riding is taking place, and even then, the

noise is great enough to disrupt normal conversation, phone calls, watchingTelevision, and

other everyday activities.

ii.

‘

Dust: The motorcycles and ATV’s create dust that travels from the

Respondent’s property to Complainant’s property at all times that the motorcycles and

ATV’s are operating on Respondent’s property.

7.

Regarding the frequency and duration of the pollution, Respondents state that the

motorcycles and ATV’s have been operating forseveral years. There are motorcycles and/or ATV’s

operating from March through November on nearly every Saturday and Sunday and sometimes

weekdays as well. Motorcycles and/or’ ATV’s are being ridden during all daylight hours of these

days. There have been as many as 10 motorcycles and/or ATV’s operating on the property during

this time.

8.

The operation of the motorcycles and ATV’s on Respondent’s property forces

Complainants to leave their homeduring these times. The noise levels prohibit the quiet enjoyment

2

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of the Complainant’s property and have degraded the property value ofthe Complainant’s home.

These air and noise pollutants imposeupon the Complainants and have caused great mental anguish

and emotional stress. Complainants are unable to entertain guests at their home both outdoors and

indoors during the weekends whenmotorcycles and ATV’s are operating on Respondent’s property

and are unable to enjoy outdoor activities during these times. Complainants are being denied the

right to use and enjoy their own property due to the noise, dust, and fumes created by the

motorcycles and ATV’s.

9

The Complainants are requesting that the Board issue an Order directing that all

pollution generated on Respondent’s property by motorcycles and ATV’s be stopped and that the

Respondent be ordered to cease and desist from further violations of the applicable statutes and

regulations. The Complainants are entitled to enjoy their home without this unreasonable

interference and intrusion into their lives.

10.

There are no identical or substantially similar cases already pending against this

respondent for the aforementioned violations.

11.

This Complaint was prepared for Complainantsby MILITELLO, ZANCK & COEN,

P.C., attorney Jeremy W. Shaw (Ill. Atty. Reg. No. 6276809) 40 Brink Street, Crystal Lake, Illinois

60014. Telephone number: (815)459-8800.

Respectfully submitted,

COMPLAINANTS

P&LL,~

~

Paul Fredrickson

(7~

$2)

/7

Donna Fredrickson

3

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CERTIFICATION

Paul and Donna Fredrickson, on oath, or affinnation, state that we have read the foregoing and that it

is accurate to the best of our knowledge.

Paul Fredrickson

Donna Fredrickson

SUBS~RIBEDand SWORN to before me

this~~dayof ~

,2003

DE.~ORAHA ~AWAILLOT

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~FIcI~.S~”~N~ry

Public,~ ~fliIli~~l~

NOTARY PUBLIC

4

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NOTICE TO RESPONDENT

NOTE: THIS STATEMENT MUST BE INCLUDED IN THE

SERVICE

INFORMATION FOR RESPONDENT RECEIVING FORMAL COMPLAINT

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 process before the Board is found in the

Environmental Protection Act (Act) (415 ILCS 5/1

et seq.)

and the Board’s procedural rules

(35

Ill. Adm. Code 101 and 103). These can be accessed at the Board’s Web site

(www.ipcb.state.il.us). The following is a summary ofsome of the most important points in the

Act and the Board’s procedural rules and does not constitute legal advice or substitute for

provisions ofany statute, rule, or regulation:

Board

Accepting

Formal

Complaint

for Hearing; Motions

The Board will not accept this formal complaint for hearing if the Board finds that it is

either “duplicitous” or “frivolous” within the meaningof Section 31(d) ofthe Act (415 ILCS

5/31(d)) and Section 101.202 ofthe Board’s procedural rules (35 Ill. Adm. Code 101.202).

“Duplicitous” or “duplicative” means that an identical or substantially similar case is already

pending before the Board or in court.

See

35 Ill. Adm. Code 103.212(a) and item 10 ofthe

formal complaint.

“Frivolous” means that the formal complaint seeks relief that the Board does not have the

authority to grant, or fails to state a cause ofaction upon which the Board can grant relief. For

example, the Board has the authority to order a respondent to stop polluting and pay a civil

penalty, to implement pollution abatement measures, or to perform a cleanup or reimburse

cleanup costs. The Board does not have the authority, however, to award attorney fees to a

citizen complainant.

See 35

Ill. Adm. Code 103 .212(a) and items

5

and 9 ofthe formal

complaint.

Ifyou believe that this formal complaint is duplicitous or frivolous, you may file a

motion with the Board, within 30 days afterthe dateyou 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 duplicitous 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 duplicitous or frivolous, you must file a motion for

an extension of time within 30 days after service ofthe complaint. A motion for an extension of

time must state why you need more time and the amount ofadditional time you need. Timely

filing a motion alleging that the complaint is duplicitous 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).

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All motions filed with the Board’s Clerk must include an original, nine copies, and proof

of service on the other parties. Service may be made in person, by U.S. mail, or by messenger

service. Mail service is presumed complete four days aftermailing.

See

35 Ill. Adm. Code

101.300(c), 101.302, 101.304.

Ifyou do not respond to the Board within 30 days after the date on which the complaint

was served on you, the Board may find that the complaint is not duplicitous or frivolous and

accept the case for hearing. The Board will then assign a hearing officer who will contact you to

schedule times for telephone status conferences and for hearing.

See

35 Ill. Adm. Code

103.212(a).

Answer to Complaint

You have the right to file an answer to this formal complaint within 60 days afteryou

receive the complaint. If you timely file a motion alleging that the complaint is duplicitous or

frivolous, or a motion to strike, dismiss, or challenge the sufficiency ofthe complaint, then you

may file an answerwithin 60 days after the Board rules on your motion.

See

35 Ill. Adm. Code

101.506, 103.204(d), (e), 103.212(b).

The Board’s procedural rules require the complainant to tell you as respondent that:

Failure to

file

an answer to this complaint within 60 days may have severe

consequences. Failure to answer wifi mean that all allegations in the

complaint wifi be taken as if admitted for purposes of this proceeding. If

you have any questions about this procedure, you should contact the hearing

officer assigned to this proceeding, the Clerk’s Office or an attorney.

35

III.

Necessity of an Attorney

Under Illinois law, an association, citizens group, unit oflocal government, or corporation

must be represented before the Board by an attorney. In addition, an individual who is not an

attorney cannot represent another individual or other individuals before the Board. However,

even if an individual is not an attorney, he or she is allowed to represent (1) himself or herself as

an individual or (2) his or her unincorporated sole proprietorship.

See

35 Ill. Adm. Code

101.400(a). Such an individual may nevertheless wish to have an attorney prepare an answer

and any motions or briefs, and present a defense at hearing.

The Clerk’s Office will provide you, upon request, with a list of

pro bono

attorneys.

These individuals or organizations may, in certain circumstances, represent citizens before the

Board without charge. The Board does not review the qualifications ofthese attorneys and

makes no representations about their credentials, abilities, or willingness to act as your attorney.

No attorney on the list is required to, accept any particular case. Ifyou wish to contact any of

these attorneys, you must do so on your own.

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Costs

In defending against this formal complaint, you are responsible for your attorney fees,

duplicating charges, travel expenses, witness fees, and any other costs that you oryour attorney

mayincur. The Board requires no filing fee to file your answer or any other document with the

Board. The Board will pay any hearing costs

(e.g.,

hearing room rental, court reporting fees,

hearing officer expenses):

Ifyou have any questions, please contact the Clerk’s Office at (312) 814-3629.