CLERK’S OFFft~E
STATE OF ILLINOIS
A ~
POLLUTION
CONTROL BOARD
~‘
2005
JAMES
R.
THOMPSON CENTER
STATE
OF
ILL!f\JQIs
100 W.
RANDOLPH STREET, SUITE
11-500
Pollution Contro’ Board
CHICAGO, ILLINOIS
60601
DEFENDANT’S
ANSWER TO FORMAL COMPLAINT
BEFORE THE
ILLINOIS POLLUTION CONTROL BOARD
YORK HIGH NEIGHBORHOOD COMMITTEE
)
(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 2005-093
)S
ELMHURST PUBLIC
SCHOOLS,..
)
DISTRICT 205,
)
)
Respondent(s).
)
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
ANSWER:
District
205
submits that no responsive pleading is
necessary.
258434.1
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
ANSWER:
District 205
submits that no responsive pleading is necessary.
3.
Name and address ofrespondent
Dr. Joel W. Morris
(allegedpolluter):
Superintendent
Elmhurst Public Schools
130
WestMadison Street
Elmhurst, Illinois 60126-4838
Phone: (630) 834-4530
ANSWER:
District
205
admits
that
Dr.
Joel
W.
Morris
is
the
Superintendent
at
District
205
and
that
the
address
and
contact
information
set
forth
in
Paragraph
3
is
correct.
Further
responding
to
Paragraph
3,
District 205
states
that
it
is
represented
by
counsel,
Franczek
Sullivan
P.C.,
in
this
matter.
4.
Describe the type
of business or
activity that
you
allege
is
causing or
allowing
pollution
(e.g.,
manufacturing company, home repair shop)
and give the address of the pollution
source if different than the address above:
Operation
of air
conditioner chillers
and
ventilation
fans
located
on
the
roof near the
northwest corner ofYork High School located at
355
W.
St. Charles
Road, Elmhurst, IL 60126
ANSWER:
District
205
admits
that
the
Complaint
in
the
above-captioned
matter
concerns
the
operation
of air
conditioner
chillers
and
ventilation
fans
located
at the
address
set
forth
in
Paragraph
4.
As
set
forth
in
greater
detail
below,
District
205
denies
the
allegation
that
it
is
causing
or
allowing any pollution.
-2-
258434.1
5.
List
specific
sections
of the
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.
111
1/2,
Par.
1023
415 ILCS 5/24 (formerly Ill.
Rev. Stat.
1991, Ch.
111
1/2
Par. 1024
35 Ill.
Admin.
Code, Subtitle H, Chapter I, Section 900.102
35 Ill. Admin.
Code, Subtitle H, Chapter I, Section
901.102,a)
35
Ill.
Admin.
Code, Subtitle H, Chapter I, Section 901.102,b)
35
Ill. Admin. Code,
Subtitle H, Chapter I, Section 901.106
ANSWER:
District 205 denies that it has violated any of the statutes or regulations set
forth in Paragraph 5 and denies that it has violated any Board order.
6.
Describe the type ofpollution that you alleged
(e.g.,
air, odor, noise, water, sewer
back-ups,
hazardous
waste)
and
the location
of the alleged
pollution.
Be
as
specific
as
you
reasonably can in describing the alleged pollution:
Noise, as caused by the operation of air conditioner chillers
and
ventilation fans located
near the northwest corner ofthe roof ofYork High
School,
355
W.
St.
Charles Road,
Elmhurst,
IL 60126.
The noise pollution source is located in the proximity to the Complainants’ properties.
ANSWER:
District
205
admits
the
allegation
in
Paragraph
6
that
the
Complaint
concerns alleged noise pollution purportedlycaused by the operation ofair
conditioner chillers
and ventilation
fans located near the northwest corner
of the roof of York
High School.
District
205
denies the
allegation
in
Paragraph
6
that
the
noise
pollution
source
is
located
in
sufficient
proximity to all of the individual Complainants’ properties.
7.
Describe the duration and
frequency of the
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 ofday if known):
The noise
pollution
originated during the
summer of 2002,
following the installation of
the air conditioner chillers and
ventilation fans as part ofthe construction
and modernization of
the York High
School
facility.
Noise from
the chillers has continued
during
periods of warm
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, throughout the year.
-3-
258434.1
ANSWER:
District
205
admits
the
allegation
in
Paragraph
7
that
the
alleged
noise
pollution
at issue in the Complaint originated during the summer of 2002
following
the
installation
of the
air conditioner
chillers
and
ventilation
fans.
Responding
to
the
allegations
in
Paragraph
7
concerning
alleged
noise pollution
generated by the air conditioner chillers, District 205 states
that:
the
level
of
noise
generated
by
the
air
conditioner
chillers
is
substantially
less
that
that
asserted
by
Complainants;
District 205
has
appreciably
decreased
the
operations
of
the
chillers,
including
at
night-time, weekends and holidays,
in
an effort to decrease any noise
they
may generate;
and
District 205
has taken other measures
to
decrease
the
operation
of the
chillers,
including
increasing
the temperature
levels
in
York
High
School
during
the
summer
months.
Responding
to
the
allegations in Paragraph 7 concerning alleged noise pollution generated by
the ventilation fans, District 205
states that the level ofnoise generated by
the
ventilation
fans
is
substantially
less
than
that
asserted
by
Complainants.
Further,
District
205
affirmatively
states
that:
(1) continuous operation of the ventilation
fans is
a necessary component
ofthe overall operations ofYork High School; (2) continuous operation of
the ventilation
fans
is
necessary for safety purposes;
(3) District
205
has
taken numerous meaningful steps to
abate any noise that may be generated
by the ventilation
fans,
such as installing costly sound
attenuators
in
Fall
2004,
and modifying the
size
and
volume of ventilation fans in December
2004.
-4-
258434.1
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 of Complainants’ properties,
endangermentofthe physical and
emotional health and well-being ofthe Complainants.
ANSWER:
District 205 denies the allegations in Paragraph
8.
9.
Describe the reliefthat you seek from the Board
(e.g.,
an order that the respondent
stop
polluting,
take
pollution
abatement
measures,
perform
and
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
of
applicable
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
request the Board enter an
order according such further, or other, reliefas it may deem appropriate in the circumstances.
ANSWER:
District
205
denies
that
the
Complainant
is
entitled
to
any
relief
and
submits
that
Complainants
are
specifically
not
entitled
to
the
relief
requested in Paragraph
9.
Further,
District
205
affirmatively states
that:
diminishing the current ventilation
levels will
adversely affect those who
use and occupy York High
School, and
sufficient ventilation
is necessary
to
safeguard against
other substantial
safety risks;
granting the requested
relief is
prohibitively expensive, as the School
District
has
limited
funds
remaining in its building bonds; District
205
already has taken substantial
measures to
abate
any noise generated by the chillers and ventilation fans
at issue in
the Complaint
(see
Answer to Paragraph
7);
and
the particular
relief Complainants
seek is unduly vague and ambiguous.
-5-
258434.1
10.
Identify any
identical or substantially similar
case
you
know of that
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 of local government):
None known to the complainants.
Previously,
Complainants
registered their complaints
with
the Superintendent
of the School
District.
However no
resolution
of the noise pollution
issue has been achieved.
ANSWER:
District
205
is
not
aware
of any
identical
or
substantially similar
case
against
it
pending before
the
Board
or
in
another
forum
for
the
same
alleged pollution.
Further responding to
the allegations in Paragraph
10,
District 205
states that Superintendent Morris has met with Complainants
or
their representatives
on
numerous
occasions
--
in
fact,
on
over
ten
occasions
--
and
has
directed
the
implementation
of
costly
measures
designed
to
abate
any
alleged
noise
generated
by
the
air
conditioner
chillers
and ventilation fans at issue in this matter.
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 alleged
to
represent
(a)
himself
or
herself
as
an
individual
or
(b)
his
or
her
unincorporated
sole
proprietorship, through 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.
ANSWER:
District 205 is represented in this matter by Franczek Sullivan P.C.
-6-
258434.
1
WHEREFORE,
Defendant
ELMHURST
PUBLIC
SCHOOLS,
DISTRICT
205
respectfully submits
that
Complaint
should
be dismissed
with prejudice
and
that
Complainants
are not entitled
to any relief.
Respectfully submitted,
ELMHURST PUBLIC SCHOOLS,
DISTRICT 205
By:______
One
Its Attorneys
Steven J. Pearlman
Franczek Sullivan P.C.
300 South Wacker Drive
Suite 3400
Chicago, Illinoi.s
60606-6783
(312)786-6128
-7-
258434.1
CERTIFICATE OF SERVICE
The undersigned,
an
attorney,
hereby
certifies
that
he
caused
a
copy of the
foregoing
ANSWER TO COMPLAINT
to be served upon the following individuals by regularU.S. Mail,
proper postage prepaid, on this 10th day of January, 2005:
Janet Hodge
435 Elm Park, Elmhurst,
IL 60126
Fred Hodge
435 Elm Park, Elmhurst,
IL 60126
Patricia Bennett
346 Elm Park, Elmhurst,
IL 60126
David Bennett
346 Elm Park, Elmhurst,
IL 60126
Sheila Trant
251
Berkley, Elmhurst, IL 60126
Mike Trant
251
Berkley, Elmhurst,
IL 60126
Joe Vosicky
345
Elm Park, Elmhurst, IL 60126
Jean Conroy
448 Elm Park, Elmliurst, IL 60126
Peter Conroy
448 Elm Park, Elmhurst, IL 60126
Frank Soldano
446 Elm Park, Elmhurst,
IL 60126
Joseph Reamer
215 Fairview, Elmhurst,
IL 60126
Elizabeth Laliberte
481
Alma, Elmhurst, IL 60126
Charles Laliberte
481
Alma, Elmhurst, IL 60126
Steven J. Peariman
-8-
258434.1
