RECE~VED

CLERK’S OFFICE

NOV

232004

PCB 04-79 (CITIZENS ENFORCEMENT--NOISE)

STATE OF ILLiNOIS

Pollution Control Board

BONITA SAXBURY AND

RICHARD SAXBURY

COMPLAINANTS

ARCHER DANIELS MIDLAND, HULL,

ILLINOIS DIVISION

RESPONDENT

ANSWER TO POST-HEARING BRIEF OF ARCHER DANIELS MIDLAND

•

Ms.

Bonita K. Saxbuiy would like to correct my name in all correspondence.

My correct name

is Ms.

not Mrs.----I am dWorced and retained my maiden

name

Saxbury.

Richard Saxbuiy is my brother..

•

We would like to make clear once and for all,

that Richard Saxbury and Bonita

Saxbuty were equally involved in the complaint and all the proceedings.

Archer

Daniels Midland,

(hereafter known as ADM),

ADM attorney Lee Cunningham

doesn’t seem to understand this fact, butIt is true.

Bonita,

do the typing as

Richard does not type.

Also, Mr.

Cunningham,

in his letter,

said that Bonnie,

which is me, Bonita,

was representing them,

meaning

us,

the Saxbuiys.

I would

like to clarify that also, I did the speaking on the phone in the teleconferences

and at the hearing, because Richard has a hearing problem and he was afraid

that he would nothear eveiything orhear it incorrectly.

Mr.

Cunningham does

not seem to understand these facts ordoes not want to understand them..

•

And with the above paragraph in mind,

and the posthearing brieffrom ADM, I

would like to question why Mr.

Cunningham,

attorney forADM,

seems to

have a

probem with me,

Bonita, and seems to address all the complaint to me.

This is

an untruth and a total fabrication.

•

I WILL REPEAT,

THE SAXBURYS, RICHARD AND RON/TA ARE IN THIS

COMPLAINT TOTALLYAND EQUALLY, NOTAS MR. CUNNINGHAM HAS

SAID

THROUGHOUT HIS BRIEF,

THATITIS ONLYBONITA.

BONITA,

RESENT THAT IMPLICATION DEEPLY AS THAT IS NOT ONLYAN

UNTRUTH, BUTAN OUTRIGHTLIE.

•

Itis true that Richard does wear a hearing aid part of the time, but he is not

totally deaf,

and even ifhe

were,

a totallydeaf person can pick up vibrations,

and believe us, there are plenty of vibrations to get from ADM,

Hull Division. His

hearing loss is the type that if someone is talking and there

is music or

something in the background,

then he has trouble understanding what the

person

is saying.

He can hear the noise at the elevator loud and clear.

•

In reference to the citizen’s comments----Walterand Barbara Ward (PCI)----

Russell Gill (PC2)

Jean Cox (PC3)

Robert and Betty Co/grove

(PC4)

These

before mentioned people did not have the intestinal

fortitude to go to the hearing, stand up and be counted and be subject to cross

examination.

Instead, they slipped their letters and affidavits through the back

door, underthe guise of citizen comments.

/ am certain

that

Mr.

Cunningham

had something to

do with those tactics,

as he had told me over the telephone

that

“a couple of them would be at hearing’~

but not one of them showed up at

the hearing.

I would also like to say that the citizen’s comments made by the

above people are questionable,

because of the fact that Mr.

Colgrove was a

farmer,

Ms.

Cox was raised on a

farm, and all of them have friends that are

farmers,

therefore their comments are tainted, being predujuciaL

I really doubt

that any of the above mentioned people would have even known anything about

the complaint

until ADM representatWes went knocking on their doors,

affidavits

in hand,

and obviously accompanied bya company notary. It does seem odd

that all the citizen’s comments are

dated on the same day--perhaps they were

just stamped the same day--or could it be that Mr.

Cunningham was behind that

also.

•

We could have involved some of our neighbors,

but we chose not to involve

them, as it was ourproblem.

ADM was nothonorable enough to take this way

of thinking.

don’t believe in turning neighboragainst neighbor asADM has

done.

They brought out the big guns as I have said before and

will say again,

squash the bug, the people

that have the courage to stand up to

them.

•

Although much has been said about the HullADM Elevator being essential to

the area,

we would like to

comment;

AS WE UNDERSTAND THE LAW, AND

THIS HAS BEEN VERIFIED BY SEVERAL ATTORNEYS OF LAW,

IFNOISE

POLLUTION BOTHERS ONE PERSON AND AFFECTS THEIR LIFESTYLE

AND ENJOYMENTOFLIFE,

THEN THAT/SALL THATIS NECESSARY TO

FILEA COMPLAINTAND GETDUE PROCESS AND

THE RIGHT

CONCLUSION.

•

would like to add----RICHARD AND BONITA SAXBURY GREW UP ON A

FARM ALSO.

BUT THIS IS NOTA FACTOR IN THE NOISE POLLUTION WE

ARE EXPERIENCING FROM THEADM FACILITY.

NOISE POLLUTION IS

NOISE POLLUTION ANY WAY YOU CUT IT---WHETHER YOU HAVE THE BIG

GUNATTORNEYS OR YOU

TAKE ON THE TASK OF COMPLAINT FORMS.

HEARINGS,

BRIEFS,

ETC.

•

There

was no contrary testimony from the Saxbuiy’s (as Mr.

Cunningham

inferred)

that was not a compliment from Richard Saxbuiywhen he said,

“I

would trade this noise for the noise we had before”

Richard Saxbuiy meant

that the noise that is coming from the fan is different than before butmore

disturbing.

There are different noises coming from the fans but theyare just as

real and obnoxious and

disturbing as before.

•

It seems strange

to us that when some of the ADM employees,

including Mr.

Cunningham,

were running up and down the street,

turning the fans on and off,

that the fans weren’t very loud at all.

It is only when they are gone that the fans

are turned on loud--full blast.

•

As we have mentioned and Mr.

Cunningham has seen fit to bring up again, we

are not attorneys.

/ do thank Mr.

Cunningham forthe comment about my,

Bonita, not being an attorney and not totallyknowledgeable about the

proceedings and procedures,

and that the Saxbury posthearing response,

albeit less formal than Mr.

Cunningham’s response,

was appropriate.

/ never

pretended

to be an expert, but between Richard and myself,

we did the very

bestthat we could do.

We know nothing about the tactics used by the ADM

attorney Mr.

Cunningham.

We, the Saxburys, do not need an attorney, because

we are not involved in any wrong doing.

•

We chose

to file the complaint onjust noise pollution, but we could have thrown

in airpollution,

as we have corn husks all overourpatio at times,

and we have

wheat growing beside our home.

Therefore,

we do not think there is any

question of the validity of our complaint of noise pollution.

Itjust all adds up,----

and that good neighbor thing that Mr.

Cunningham likes to talk aboutjust

doesn’t fly in the course of things.

addition, why would a person or persons

put themselves through all the stress of filing a complaint, etc., if there were not

a huge problem.

We,

the Saxburys,

are both retired and did not need the stress

of all it takes to get the complaint process through to the finish.

The noise that

the ADM elevatorputs out is stress enough.

•

Reference to Mr.

Cunningham’s saying that Richard Saxbury does notleave the

home,

because of the noise,

without Bonita,

that is also untrue.

There are many

times when I,

Bonita,

have to just take some Tylenol and go to bed because of

the noise, therefore Richard does go alone.

Also, that comment proves that Mr.

Cunningham isjust throwing anything and everything out there to

confuse the

situation,

as there is no possible way he would know when we leave

home,

alone or together.

•

It is not the Saxbury’sproblem that the elevator, because of the grain storage,

is necessary to

keep the grain cooL

That is their problem.

•

Yes,

I, Bonita wasjust sixteen years of age when my family moved to Hull,

Illinois.

During the years / was married,

and later dWorced and worI~ing

away

from the area.

I came home at least every three months or more ofbn.

In the

latteryears,

/ transferred closer to home because of the illness of myparents,

and / was home every weekend, sometimes during the week, and vacation

times.

•

/ would like to know how Mr.

Cunningham can say that in the 1980’s, there was

much more noise at the elevatorbecause of the dryers,

he wasn’t around then

and ADM didn’t own the elevator.

Mr. Dimmitt,

who had something to do

with

the elevatorat that time,

might have told him that this was so,

but Mr. Dimmitt,

at hearing, underoath,

told some untruths.

•

ADM says that,

when running the fans,

it is only between eight AM and five PM,

but that is when most people,

including us, are up and around and when the

noise affects us.

•

As to the fans,

the top fans didn’t bother us and they were notinvolved in the

complaint.

As to the fan behind the office,

not only I,

Bonita, butRichard can

hearit go on and off, so as you can

see,

he is not totally deaf.

And that fan also

is not a problem.

•

The sound from

the fan in question, and we are not engineers,

we do not know

the symetics of the fans.

We only know that they are noise pollution, not as Mr.

Cunningham would have you to believe,

an aggravation

to only Bonita..

•

Mr.

Cunningham says that the elevator fans were not on on Christmas Eve Day

2003, that isjust not so,

we were home on

that day and were verysurprised

that the fans were on.

On that Christmas Eve Day, 2003,

the fans ran all day

long and were so loud that we had to leave our home for hours to get away from

the unbearable noise.

Who could make a mistake about the fans being on,

particularly on that very sacred day,

Christmas

Eve Day, that would be very

memorable.

The fans were on.

As Mr.

Dimmitt and Mr.

Thompson told

untruths,

underoath,

at the hearing,

why would they not lie about that, and I

am sure that Mr.

Cunningham didn’t drive from Decatur to note whether the fans

were on or not.

Mr.

Cunningham was nothere to hear the noise from the fans

and he disputes that they were

on, so we can only assume that he does not

know the truth.

The two ADM employees,

Mr.

Thompson and Mr.

Dimmitt,

cannot be counted on to tell the truth, as said before, they told untruths at the

hearing while underoath.

/ would hope that Mr.

Cunningham did notknow that

there were untruths told,

underoath,

at hearing, because that is an outright

offense of the ethics of an attorney of law.

Although, in one letter to the

Saxbutys,

Mr.

Cunningham attributed a comment to Mr.

Dimmitt that Mr.

Dimmitt, himself,

at hearing,

disputed.

•

We,

Bonita and Richard Saxbury welcome a site

visit, but ONLY if the Pollution

Board can make certain that ADM turns the fans on full force,

as theydo nearly

all the time that theydo turn them on. Therefore, if the fans are turned on

full

force,, the Pollution Board will understand that there is a significant problem.

Until this complaint was filed, the fans were on nearly every day, running at full

force.

•

We,

Bonita and Richard Saxbury would like

to express our thanks to Ms.

Sudman for her fairness and concern in dealing with this pollution problem.

•

We,

also,

in sending this last brief to the Pollution Board,

would like to express

our thanks to all of you, and pray thatjustice will be served.

•

Below is a quote from former U.S.

Surgeon General Stewart---

•

Calling noise a nuisance is like calling smog an inconvenience. Noise must be

considered a hazard to the health

ofpeople everywhere.

Dr.

William H. Stewart,

Former US Attorney General

cL~

Bomta K. Saxbury