ILLINOIS HOUSE OF REPRESENTATIVES

SPRINGFIELD OFFICE:

COMMITTEES:

267-S STRATTON BUILDING

ENVIRONMENT & ENERGY

SPRINGFIELD ILLINOIS 62706

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217/782-5981

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KANKAKEE DISTRICT OFFICE:

PUBLIC UTILITIES

135 5. SCHUYLER AVENUE

KANKAKEE. ILLINOIS 60901

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E-MAIL: jpnovak@keynet.nel

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ASS/STANT MAJORITYLEADER

September 2, 2003

J. PHILIP NOVAK

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122003

STATE REPRESENTATIVES 79TH DISTRICT

Illinois Pollution Control Board

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Brad Halloran, Hearing Officer

1-ollution Control Board

James R. Thompson Building, Suite 11-500

100 W. Randolph St.

Chicago, IL 60601

Dear Mr. Halloran:

I am writing this

eronbehalf~fmy constituent Ms. Barbara Stuart. I a~kthat this letter be an attachment

to her case file

It is my understanding that the reason that this noise complaint was filed is because of the use of propane

cannons to deter crows from melon crops. Ms. Stuart filed this case against her neighbor 1\’Ir. Franklin Fisher

for the use of such cannons. This area of Beecher is agricultural and residential. I do agree that, to the

residential citizens, the use of these cannons is a noise nuisance. However, for farmers this is one of few effective

permissible uses to protect their crop. Therefore, it leaves only one alterative for the residential citizens, and

that unfortunately is to go to the Illinois Pollution Control Board with a citizen enforcement case.

As the Representative of this area, I find this a very difficult situation when solutions between neighbors cannot

be worked out to accommodate both the resident for noise and the farmer to protect his crop. Both are entitled

to property rights under the law. I do commend Ms. Stuart for her efforts in taking this issue to the Pollution

Control Board. I see that this is the only way for resolve.

Mr. Halloran, as the PCB board case proceeds, I ask that all professional resGurcesfromthe Illinois E.P.A. to

the Illinois Department of Natural Resources to the U. S. Department of Agricultural Wildlife Services be

consulted to address this matter in making the decision that will affect both of these citizens and their quality of

life. For, if there is a violation of noise, we can correct and work together for alternative methods of crop

damage by birds.

Thank you in advance for your consideration of my request.

Sincerely,

Assistant M jority Leader

J.Philip Novak

State Representative

79th

District

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