BEFORE THE ILLINOIS POLLUTION CONTROL
BOARDCLERR~OFFICE
MICHAEL A. PETROSIUS AND
)
NO
V 1 4 2O~3
DARLA G. PETROSIUS,
))
POllUti0flSTATE
OFControlIWNOISB
Complainants,
)
oar
)
v.
)
PCB04-036
)
(Enforcement)
)
THE ILLINOIS STATE TOLL
)
HIGHWAY AUTHORITY,
)
)
Respondent.
)
NOTICE OF FILING
TO:
Michael A. Petrosius
7335
Maridon Road
LaGrange, IL
60525
PLEASE
TAKE
NOTICE that I have today filedwith the Office ofthe Clerk ofPollution
Control Board the ANSWER
TO
FORMAL COMPLAINT ofThe Illinois State Toll Highway
Authority, a copy ofwhich is herewith served upon yo
By:
________
Victor F. Azaik3
Assistant Attorney General
Illinois State Toll Highway Authority
2700 Ogden Avenue
Downers Grove, IL 60515-1703
(630) 241-6800, extension 1540
CERTIFICATE OF
SERVICE
I, the undersigned, on oath, state that I have served on the date ofNovember 14, 2003, the
attached NOTICE
OF FILING
and ANSWER
TO
FORMAL
COMPLAINT
by causing a
copy to be delivered via Messenger to the Office ofthe Clerk ofPollution Control Board and via
U.S. Mail, postage prepaid, at 2700 Ogdôn Avenue, Downers Grove, Illinois
60515,
upon
Michael A. Petrosius, 7335 Maridon Road, LaGrange, IL~0525.
and SWORN to
Sandra D. Aguilár
Notary Public, State of Illinois
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
CLEI~R’S
OFFfC~
NOV
MICHAEL A. PETROSIUS AND DARLA G. PETROSIUS,
STATE OF
ILLINOIS
I~OllUt~QflCon troi Bo
Complainants,
ard
v.
PCB 04-036
(Enforcement)
THE ILLINOIS STATE TOLL HIGHWAY AUTHORITY,
Respondent.
ANSWER TO FORMAL COMPLAINT
Now comes the Respondent, the ILLINOIS STATE TOLL HIGHWAY AUTHORITY,
(Respondent) by its attorney, Lisa Madigan, Attorney General ofthe State of Illinois, and forits
Answer to the Formal Complaint, states as follows:
1. The Respondent based upon information and belief admits paragraph 1 that Complainant
resides at 7335 Maridon Road, LaGrange, Illinois.
2. The Respondent admits paragraph 3 that its name is the Illinois State Toll Highway Authority
and that its Central Administration building is located at 2700 Ogden Avenue, Downers
Grove, Illinois 60515.
3. The Respondent based upon information and beliefadmits paragraph 4 that part ofits
operation consists of“Toll collectionlentrance ramp, running northbound along property line
onto 294 tollway.”
4. The Respondent denies paragraph
5
that it violated
“35
Ill. Adm. Code, Subtitle H, Chapter I,
Section 900.102.”
5.
The Respondent has insufficient knowledge to form a belief ofparagraph 6 that “Noise is
caused by traffic along south side ofproperties and consists ofmany types ofnoises- revving
of semi-truck motors uphill on 75th street northbound entrance/toll collection ramp- Jake
breaking of semi truck motors slowing down to allow ramp traffic to enter tollway- Empty
containers/dumpsters driving over numerous bumps and holes causing bouncing on
pavement- All car and truck tires speeding along property line causing excessive roaring
noise.”
6. The Respondent denies paragraph 7, that alleges “The noise pollution was noted immediately
on taking occupancy ofthe propertry. The pollution is continuous, Twenty-fourhours per
day, Seven days a week. The noise is so frequent that the IPCB db requinnent’s are violated
every minute, ofevery hour ofevery day ofthe year. The Hodgkins industrial park, which
includes UPS’s largest trucking terminal is the majority oftruck traffic along ourproperty. It
is very frequent and increases every year.”
7. The Respondenthas insufficient knowledge to form a belief ofparagraph 7, that alleges “The
noise generated by the toll collection ramp has resulted in an unreasonable interference with
the use and enjoyment ofour property. The noise during the night interferes with our sleep
which endangers the physical and emotional health and well-being ofour children and our
selves. The toll collection ramp along ourproperty decreases the value ofour property.”
8. The Respondent denies the allegations in paragraph 9, that alleges, “We request that the
board enter an order directing the respondents to re-install the soundwalls to miximum sic
lengths and heights to minimize noise entering our property. The original sound study taken
when the ramp was built stated a wall 18 feet above the road was recommended. The current
soundwall is Four feetbelow toliroad, and admittedly built in error and knowingly left as is
by toliway.”
9. That the Respondenthas insufficientknowledge to form a belief ofparagraph 10, that “None
known. Previously had meeting with tollway representatives explaining that their employee
admitted the wall was built incorrectly and was not stopping noise. However, no resolution
ofthe noise pollution problemhas been achieved.”
WHEREFORE, the ILLINOIS STATE TOLL HIGHWAYAUTHORITY prays the Court to
dismiss this action, and moves for the entry ofjudgment in its favor and against the plaintiff.
Illinois State Toll Highway Authority
By:_________
Victor F.
ar
Assistant Attorney General
Victor F. Azar
Assistant Attorney General
Illinois State Toll Highway Authority
2700 Ogden Avenue
Downers Grove, IL 60515-1703
(630) 241-6800 Extension 1540