RECEIVED

CLERK’S

OFFICE

BEFORE THE

JAN 29 2OO~

ILLINOIS POLLUTION CONTROL BOARD

o rd

PAUL AND DONNA FREDRICKSON,

)

husband and wife

)

)

Complainants

)

)

v.

)

PCBO4-19

)

JEFF GRELYAK,

)

)

Respondent.

)

RESPONSE

TO

RESPONDENT’S

ANSWER

The Complainants, by and through their attorneys, MILITELLO, ZANCK &

COEN, P.C., and for a Response to Respondent’s Answer, hereby state as follows.

1.

In response to paragraph 4 ofRespondent’s Answer, Complainants have

witnessed use ofATV’s and motorcycles on Respondent’s property on most weekends

throughout the year and at times during the week.

2.

Inresponse to paragraph

5

ofRespondent’s Answer, Respondent’s use ofATV’s

and motorcycles on his property generates noise levels in excess ofallowable noise levels

under Title

35,

Subtitle H, Chapter 1, Part 900.102 and Title

35,

Subtitle H, Chapter 1,

Part 901.102(a) for Class A property as defined under the Standard Land Use Coding

System.

3.

In response to paragraph 6 ofRespondent’s Answer, Complainants state that the

ATV’s and motorcycles operating on respondent’s property travel along a clearly marked

property line dividing Respondent’s property from the Complainant’s property at a

distance ofno more than 10 feet.

4.

In response to paragraph 7 ofRespondent’s Answer, Complainants have

documented the operation ofATV’s and motorcycles on Respondent’s property. ATV’s

and motorcycles operate on Respondent’s property on nearly every weekend and some

weekdays throughout the year. On most weekends there are at least 3 bikes and/or

ATV’s operating on Respondent’s property and often times as many as

15.

5.

In response to paragraph 8 ofRespondent’s Answer, Complainant’s are unable to

entertain guests, enjoy outdoor activities, or carry-on other normal activities oftheir

personal lives at their property due to the intolerable noise, dust, fumes, and interference

caused by the operation of ATV’s and motorcycles on Respondent’s property.

---

6.

In response to paragraph 9 ofRespondent’s Answer, upon information and belief,

Respondent has done nothing to diminish noise levels from ATV’s and motorcycles, nor

to diminish the dust created by the operation ofATV’s and motorcycles which travels

onto Complainant’s property and throughout the neighborhood.

Respectfully submitted,

Paul and Donna Fredrickson, Complainants

~

~er

Sa

Attorney f rComplainants

Jeremy W. Shaw

MILITELLO, ZANCK & COEN, P.C.

40 Brink Street

Crystal Lake, Illinois 60014

(815)

459-8800