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CLERKS OFFICE
Pollution Control
Board
100W. Randolph
Street, Suite
11-500
OCT 2 02003
Chicago, illinois 60601
STATE OF ILLINOIS
October
16, 2003
PollutIon Control Board
RESPONSE TO
COMPLAINANTS RESPONSE
TO
FORMAL COMPLAINT
#04-26; L. Erickson vs. L.
Van
Someren.
This
statement is issued on the suggestion ofa representative for the
State
ofillinois.
The above named
party
(Van Someren
)
did
not issue a response via
certified
mail on the
complainant party within the 30 day
response
time(and as yet
has
not
been
received) as
specified in the “Notice to Respondent Rules”
andthus
delayed the response of
this party.
If
Van
Someren
did
so, I
ask
that proof be shown of
confirmation
of
mailing via
a
tracking
receipt of
his
submission to
this
party within the time specified (i.e. prior to
10/16/03). I therefore request
that
the
board
consider
this
motion at the November 6
hearing
as
the delay
was
due
to failure
on the Respondent’s compliance. The
actual
response
was obtained
via
the ipcb web site to
hasten this
response.
Additionally, Please reviewthe
attached
statement from
Mr.
McCambndge at the State
ofillinois stating that
an
exception from the numeric standards does not
exempt the
noise.
The
party
(Van Wyk) who stated she was not disturbed is new to the area
and
resides
much further away than
this property
from the construction; Hers is a subjective opinion
and
may have
been coerced. Ifthere
is
any doubt
to. the noise levels, I can provide valid
proof at hearing of
actual
documentation from inside
our
neighboring property of
excessive
and
prolonged noise generated from the construction. Also, although the
builder failed to get responses from other neighbors, there
are
many living farther away
who
have been adversely affected by the noise.
Finally,
Even though Van Someren feels
this
is
“normal construction
noise”, if
this
occurred
daily over the
course
of
several months next
to
his
home, I wonder how cavalier
the response would be then.
L.
Erickson
rage
i
oi I
~s: Not.. r.g~dations
IDate:
7/110312:17:17 PM
Central
Da)light line
jFsom: tr~cambridge~ip~.statesfus (Mike McCembócipe)
iTo:
I812oo~aoLcorn
-
.
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It means that the
NUMERIC
standards ofPart 901
do not
~pIyb construthori~guipmeritwithout regard to time
of night or
day. That is not to say that the noise
~ exempted*crn ,egtiation. ISedion 900.102 proh~its“nçise
-pollution,”
and
Section
900.101 defnes
that as
“the emissiondsound
that ur~easonabIyitterferes with th4
ri~oymerd
of
life
or
with
arty
t.wful business
or adivity.”
Thus an exception from the
ni.anenc standards
i~1c$esnot
~xempt the noise.
v
cI812oo~aol.com 07/01/03 12:05PM
..
‘l’~”
V3L(SC~-
5
found the regulations- Does 901.107 “exceptions-
Sections 90L103-901.106
shall
not apply to sound
emitted for
construction”
mean there isno recourse or
that
construction
can occur at
any
hour and
to
the detsinent otte
neighborhood?
Does
section
415 ILCS
5/24 Sec.24
source
PA
76-2429 (IIflOi5 Compiled
Statutes
Envirorvnentaf Safety Act
ILCS)
still exist? ‘P40 person shall emit
beyond the
boundaries
of his property any
noise
that urweasoraly
ilerferswith
the enjoyment of life” apply?
Please
help
I812oo@aol.com
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Date:
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From:
“Mike
McCambrdge”crnccambridge©ipcb.state.ll.us
To: cl812oo@aol.com
Subject:
Re: Noise
regulations
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