State of illinois

POLLUTION CONTROL BOA1U

JAMES

R.

THOMPSON CENTER

100

W.

RANDOLPH STREET, SUITE

11-500

CHICAGO, ILLINOIS

60601

BEFORE THE

ILLINOIS POLLUTION CONTROL BOARD

YORK

IIIGH NEIGHBORHOOD COMMTTTEE

(a voluntary organization)

)

Janet and Fred Hodge, Patricia and David

)

Bennett, Sheila and Mike Trant, Joe Vosicky,

)

Jean and Peter Conroy, Frank Soldano,

)

Joseph Reamer,

)

Elizabeth and Charles Laliberte

)

)

)

)

)

Complainant(s),

)

)

v.

)

PCB

-

)

(For Board use)

ELMLIURST PUBLIC SCHOOLS,

)

DISTRICT 205

)

)

)

Respondent(s)~

)

Page 1 of8

RECE~VED

CLERK’S OFFICE

NOV 152004

STATE OF ILLINOIS

Pollution Control Board

---

Your

name, street address,

county, state:

Name

Address

Phone

Janet Hodge

435

Elm Park, Elmhurst, IL 60126

(630) 279-9643

Fred Hodge

435

Elm Park, Elmhurst, IL 60126

(630) 279-9643

Patricia Bennett

346 Elm Park, Elmhurst, IL 60126

(630) 279-9349

David Bennett

346 Elm Park, Elmhurst, IL 60126

(630) 279-9349

Sheila Trant

251

Berkley, Elmhurst, IL 60126

(630) 941-1879

Mike Trant

251

Berkley, Elmhurst, IL 60126

(630) 941-1879

Joe Vosicky

345

Elm Park, Elmhurst, IL 60126

(630)

530-1542

Jean Conroy

448 Elm Park, Elmhurst, IL 60126

(630) 833-6246

Peter Conroy

448 Elm Park, Elmhurst, IL 60126

(630) 833-6246

Frank Soldano

446 Elm Park, Elmhurst, IL 60126

(630) 834-9978

Joseph Reamer

215 Fairview, Elmhurst, IL 60126

(630) 279-3016

Elizabeth Laliberte

481 Alma,

Elmhurst, IL 60126

(630) 832-9010

Charles Laliberte

481 Alma

Elmhurst, IL 60126

(630) 832-9010

2.

Place where you can be

Contact person:

contacted during normal

business hours (if different

David Bennett

from above):

222 N. LaSalle St.

Suite 2400

Chicago, IL 60601

Phone:312-609-7714

3.

Name and address ofrespondent

Dr. Joel W. Morris

(alleged polluter):

Superintendent

Elmhurst Public Schools

130 West Madison Street

Elmhurst, Illinois 60126-4838

Phone: (630) 834-4530

4.

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:

Operation ofair conditioner chillers and ventilation fans located on the roofnear the

northwest corner ofYork High School located at 355 W St. Charles Road, Elmhurst, IL

60126

Page 2

of8

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5.

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

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

415 ILCS 5/23 (formerly Ill. Rev. Stat. 1991, Ch. 1111/2, Par. 1023

415 ILCS 5/24 (formerly Ill. Rev. Stat. 1991, Ch. 1111/2 Par. 1024

35 Iii. Admin. Code, Subtitle H, Chapter 1, Section 900.102

35 111. Admin. Code, Subtitle H, Chapter I, Section 901.102,a)

35 Ill. Admin. Code, Subtitle H, Chapter I, Section 901.1 02,b)

35 Ill. Admin. Code, Subtitle H, Chapter I, Section 901.106

6.

Describe the type of pollution that you allege

(e.g.,

air, odor, noise, water, sewer back-

ups, hazardous waste) and the location ofthe alleged pollution. Be as specific as you

reasonably can in describing the alleged pollution:

Noise, as caused by the operation ofair conditioner chillers and ventilation fans located

near the northwest corner ofthe roofofYork High School, 355 W. St. Charles Road,

Elmhurst, IL 60126. The noise pollution source is located in the proximity to the

Complainants’ properties.

7.

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):

The noise pollution originated during the summer of2002, following the installation of

the air conditioner chillers and ventilation fans as part ofthe construction and

modernization ofthe York High School facility. Noise from the chillers has continued

during periods ofwarm weather when the chillers are in operation. Noise is generated

continuously during the day but has also been produced during early morning hours,

night time hours, and on weekends and holidays. The ventilation fans operate

continuously seven days a week, throughoutthe year.

Page 3 of8

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8.

Describe any bad effects that you believe the alleged pollution has or has 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:

The noise generated by the school constructed and operated by the Respondents has

resulted in an unreasonable interference with the use and enjoyment ofComplainants’

properties, endangerment ofthe physical and emotional health and well-being ofthe

Complainants.

9.

Describe the reliefthat you seek from the Board

(e.g.,

an order that the respondent stop

polluting, take pollution 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 your attorney fees or any out-of-pocket expenses that you incur by

pursuing an enforcement action)):

The Complainants request that the Board enter an Order directing the Respondents to

cease and desist from further violations ofapplicable statutes and regulations and, more

specifically, order the Respondents to permanently reduce the noise produced by the air

conditioner chillers and ventilation fans. Further, the Complainants requestthat the Board

enter an order according such further, or other, relief as it may deem appropriate in the

circumstances.

10.

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

before the Board or in another forum against this respondent for the same alleged

pollution (note that you need not include any complaints made to the Illinois

Environmental Protection Agency or any unit oflocal government):

None known to the complainants. Previously, Complainants registered their complaints

with the Superintendent of the School District. However no resolution ofthe noise

pollution issue has been achieved.

Page 4 of8

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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) himselfor herself as an

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

prefer having attorney representation.):

In reference to Item

1, all are representing themselves as individuals.

David Bennett and Joe Vosicky are attorneys and licensed and registered to practice law

in Illinois

Fred Hodge

David Bennett

/1~

-

(Complainant’s signature)

Joe Vosicky

Jean Conroy

Peter Conroy

,-‘.

1~j...

I

(Complaiit~nt’ssignature)

(Complaina~ssignature)

~CompIainant’s signature)

12. Janet Hodge

~z~t

~

(Complaizfant’s signature)

Patricia Bennett

?éT~

(liLt

~(Cornplam~ant’ssignature)

(

2

,-

•

____

)

______

__

(Complainant’s signature)

Sheila Trant

Mike Trant

-‘22’4L~.

~-~-~r

(Complainant’s signature)

PageS of

8

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Frank Soldano

(Complainant’s signature)

Joseph Reamer

~

-

(Complainant’s s~

nature)

Elizabeth Laliberte

-i~_~

.~2L

?

-tJ-~-

41 (Complain

s)sign~ture)

Charles Laliberte

I’

(Corn ainant’s signature)

Page

6 of8

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CERTIFICATION (optional but encouraged)

1, Janet Hodge on oath or affirmation, statethat I have read the foregoing and that it is

a~cua~ej~the best of y knowle ge.

~~nñplaiiiant’s signature)

I

1, Fred Hodge on oath or affirmation, state that I have read the foregoing and that it is

accurateto tbe best f my kn wledge.

(CoThplainant’s

~

signature)

4~z/

1. Patricia Bennett on oath or affirmation, statethat I have read the foregoing and that it is

accurate to thç~best of my k owledge.

~

(Complainant’s sign,~ure)

1, David Bennett on oath or affirmation, state that I have read the foregoing and that it is

,~~urateto the best ofthy~know1edge.

~

(Complainant’s signature)

1, Sheila Trant on oath or affirmation, statethat I have read the foregoing and that it is

accuratF to.thè best,ofmyknowledge.~

,~

(Complaiiiant’s signatur~)

I, Mike Trant on oath or affirmation, state that I have read the foregoing and that it is

accurat~V~tothq’bestVfp~yknowl~ódge.

(

omptainant s s gnature)

I

1, Joe Vosicky on oath or affirmation, statethat 1 have read the foregoing and that it is

accur~eto the best pfmy/knowled~c~

~‘~‘~-~r--’

~.

(Co~n1plainant’ssignature)

Subscribed to and sworn before me

this

~

~

~day

of )

.~

,

20(~~

~

L)))J/~)1j~t~

(~

Notary Public

My commission ~

3,

)~ccK

Page 7 of8

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CERTIFICATION (optional but

encouraged)

I, Jean Conroy on oath or affirmation, statethat 1 have read the foregoing and that it is

accurate to the best ofmy knowledge.

(Complainant’sL?~

signature)

C,-~_~t-~()

1~

I, Peter Conroy on oath or affirmation, statethat I have read the foregoing and that it is

accyfate ~othe b~stof my knowledge.

c~(

(Complainant s signamre)

read the foregoing and that it is

I, Joseph Reamer on oath

or affirmation, statethat I have read the foregoing and that it

is

accu,ial~eto ~ b~t.~fmy knowledge.

~-

v

ntj~laii1~nt’ssignature)

1, Elizabeth Laliberte on oath or affirmation, state that 1 have read the foregoing and that it is

ace ate to the best of m owLedge.

~

7~~4L

~z~iT

~ompluiAant’ssign~dre)

I, Charles Laliberte on oath or affirmation, state that I have read

the foregoing and that it

is

accurat~jo~hebestofmykn ledge.

(Complainant’s signat

Subscribed to and sworn before me

this

I~

day

of ~

~

~

,

20CU/

_)

-

L

~

1)1 ~

I ~

Notary Public

My commission expires:

_2~~

3

2\C-(

~‘

(Complainant’s signature)

Page 8 of 8

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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 RECE

WING

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 for general informational purposes only and

doesnot constitute legal advice or substitute for the provisions of any 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 of Section 31(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 103.212(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 ofaction 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, orto 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

5

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 afterthe date you were served with the complaint,

requesting that the Board not accept the complaint for hearing. The motion must statethe facts

supporting your beliefthat the complaint is duplicative orfrivolous. 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 oftime within 30 days after service ofthe complaint. A motion for an extension of

time must state why you need more time and the amount of additional time you need. Timely

filing a motion alleging that the complaint is duplicative or frivolous will stay the 60-day period

for filing an answerto the complaint.

See 35

Iii. 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, orby 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 after the date on which the complaint

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

accept the case for hearing. The Board will then assign a hearing officerwho will contact you to

schedule times for telephone status conferences and for hearing.

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 after you

receive the complaint. Ifyou timely file a motion alleging that the complaint is duplicative or

frivolous, or a motion to strike, dismiss, or challenge the sufficiency ofthe complaint, then you

may file an answer within 60 days after the Board rules on yourmotion.

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 of this 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 Ill.

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 or herself as

an individual or (2) his or her unincorporated sole proprietorship.

See 35

Ill. Adm. Code

10 1.400(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 abouttheir credentials, abilities, or willingnessto act as your attorney.

No attorney on the list is required to accept any particular case. If you wish to contact any of

these attorneys, you must do so on your own.