State ofIllinois

FORMAL COMPLAINT
LALMALLEY

State ofIllinois

POLLUTION CONTROL BOARD

JAMES R. THOMPSON CENTER

100 W. RANDOLPH STREET, SUITE

11-500

CHICAGO, ILLINOIS 60601

FORMAL COMPLAINT

REC~iV~

CLERK’S OFFiCE

SEP 0 2 2003

STATE OF ILLINOIS

Pollution Control Board

BEFORE THE

ILLINOIS POLLUTION CONTROL BOARD

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Note: If you do not use this formal complaint form and instead draft and type your own, it must

contain all of the information requested by this

form.

All items must be completed. Ifthere 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 formal complaint, notice to respondent, and certificate of service with the Clerk of the Board

at the above address.

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(Insert your name(s) on lines

above),

Complainant(s),

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Respondent(s).

Your

name, street address,

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contacted during normal

business hours (if different

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from above):

Phone: __________________________________

Nameandaddressofrespondent

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(alleged polluter):

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Describe the type ofbusiness or activity that you allege is causing or allowing pollution

(e.g.,

manufacturing company, home repair shop) and give the address ofthe pollution

source if different than the address above:

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List specific sections ofthe Environmental Protection Act, Board regulations, Board

order, or permit that you allege have been or are being violated:

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Describe the type ofpollution that you allege

(e.g.,

air, odor, noise, water, sewerback-

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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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 ofthe year, dates, and times of

day if known):

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Describe any bad effects that you believe the alleged pollution has orhas had on human

health, on plant or animal life, on the environment, on the enjoyment oflife or property,

or on any lawful business or activity:

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Describe the relief that you seek from the Board

(e.g.,

order that the respondent stop

polluting, takepollution abatement measures, perform a cleanup, reimburse cleanup costs,

change its operation, or pay a civil penalty (note that the Board cannot order the

respondent to pay yourattorney fees or any out-of-pocket expenses that you incur by

pursuing an enforcement action)):

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

before the Board or in another forum against this respondent forthe 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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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 are licensed and registered to practice law in Illinois. (Under Illinois law, an

association, citizens group, unit oflocal government, or corporation must be represented

before 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) himself or herselfas an

individual or (b) his or her unincorporated sole proprietorship, though the individual may

prefer having attorney representation.):

(Complainant’s signature)

CERTIFICATION (optional but encouraged)

on oath or

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

knowledge.

(complainant’s signature)

Subscribed to and sworn before me

this

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day

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My commission expires: ‘Yc9J

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NOTICE TO

RESPONDENT

NOTE: THIS STATEMENT MUST BE INCLUDED IN THE SERVICE OF THE

FORMAL

COMPLAINT ON THE RESPONDENT

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 ofwhich 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 ofthe most important points in the

Act and the Board’s procedural rules. It is provided forgeneral informational purposes only and

does not constitute legal advice or substitute for the 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 “duplicative” or “frivolous” within the meaning ofSection 3 1(d) ofthe Act (415 ILCS

5/31(d))and

Section 101 .202 ofthe Board’s procedural rules

(35

Ill. Adm. Code 101 .202).

“Duplicative” means that an identical or substantially similar case is already pending before the

Board or in court.

See

35 Ill. Adm. Code 103.2 12(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 of action 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 103.2 12(a) and items

and 9 ofthe formal

complaint.

Ifyou 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 your belief 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 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 duplicative or frivolous will stay the 60-day period

for filing an answer to the complaint.

See

35 111. Adm. Code 103.204, 103.212(b).

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

ofservice 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 after mailing.

See 35

Ill. Adm. Code

101.300(c), 101.302, 101.304.

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

was served on you, the Board may find that the complaint is not duplicative orfrivolous and

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

schedule times for telephone status conferences and forhearing.

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 duplicative or

frivolous, or a motion to strike, dismiss, or challenge the sufficiency

the 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 will mean that all allegations in the

complaint will be taken as if admitted for purposes ofthis 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.

Adm. Code 103.204(f).

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 orherself 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.

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 or your attorney

may incur. 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.

CERTIFICATE OF SERVICE

I, the undersigned, on oath or affirmation, state that on (month, day, year)

,42~j~~cS7 c2~’

I served the attached formal complaint and notice on the

respondent by: (check’appropriate line)

_____

certified mail (attach copy of receipt if available, otherwise you must file

receipt later with Clerk)

______

registered mail (attach copy~’ofreceipt if available, otherwise

you must file receipt later with Clerk)

_____

messenger service (attach copy ofreceipt if available, otherwise you must

file receipt later with Clerk)

______

personal service (attach affidavit if available, otherwise you

must file affidavit later with Clerk)

at the address below:

RESPONDENT’S ADDRESS:

Complaina~?~signature

Street

City, state, zip code

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Subscribed to and sworn before me

this

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day

__________________

20~

otary Public

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LALMALLEY

NOTARY PUBLIC. STATE OF ILLINOIS

MY COMMISSION EXPtRES:04/261°4~

Name

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Street

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City, state, zip code

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(list each respondent’s name and address if multiple respondents)

My commission expires: ‘~~/

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Page 1 of I

- -

Subj:

Re: NoIse regulations

Date:

7/110312:17:17 PM Central

Daylight

Tine

From: mccambndge~ipcb.~ate.iI.us(MikeMcCambridge)

- £‘r~’—

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To: I812oo~ao!.com

Itofmeansnight

orthatday.theThatNUMERICis not tostandardssay that theof

Partnoise901is

exempteddo

not

applybconstructio~uipmentfrom

regiiation. 1S~on

900.102withoutprohibitsregard‘boiseto

time

—pollution,”

and

Section 900.101 defnes that as “the emission diound that urrea onablyxiterferes with th~

enjoyment

of Ufe or with any lawful business or activity” Thus, an ex~ptionfrom the riurnenc standards c~4esnot

~-~exemptthenoise.

I812oo@aol.com

07/01/03 12:05PM’

Found the regulations- Does 901.107 “exceptions- Sections 901103-901.106

shall not apply to sound emitted for

construction”

mean there is no recourse or

that construction can occur at any hour

and

to the detriment ofthe

neighborhood?

Does section 415 ILCS 5/24 Sec.24 source P.A. 76-2429 (IllInois Compiled

Statutes Environmental Safety Act ILCS) still exist? ‘?~operson

shall

emit

beyond the boundaries of his property any noise that unreasonably ilerferswith

the enjoyment of life” apply?

Please help

181 2oo~aoLcorn

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Date: Tue, 01 Jul2003 12:13:30 -0500

- From: “Mike McCambridge”cmccambridge@ipcb.state.iI.us~

To: ‘cl812oo@aol.com

Subject: Re: Noise regulations

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Wednesday, July

02,

2003 AmeiicaOnline: 1812oo