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~

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2003

STATE

OF

Pollution

Con trol Eoard

STATE OFILLINOIS.

•

100 W. RANDOLPH STREET, SUITE 11.500

CHICAGO, ILLINOIS 60601

NOTE:

All items must be completed.

Ifthere is insufficient space to complete any item,

additional sheets may be attached,

specifying the number of the item you are completing.

Once

completed, you must file the original and nine copies with the Board.

AMENDED

FORMAL COMPLAINT

BEFORE THE

•

ILLINOIS

POLLUTION

CONTROL BOARD

Morry Gabel, Myra.:Gabel,

)

Don Foreman, Marsha Foreman

)

Keith Pinsoneault and

)

Tracy Pinsoneault

)

(Insert

your

name(s)

on lines•

)

~ibove),

)

Complainant,

V.

__________________

The Wealshire,

Inc., and

Illinois corporation

(Insertnames of alleged polluter(s)

on lines above),

Respondent.

1.

Your Name; Address and Phone:

____________________________

)

)

)

)

)

)

)

)

)

)

)

)

)

)

PCB

O~-32

(For

use by the Board)

Morry Gabel

20 Ashford Court

Lincolnshire~Illinois 60069

Phone~(847)821—0447

---

2.

Place where you can be

contacted during

normal

business hours (if different

from above):

Morry Gabel

do Chuhak & Tecaon, P.C.

Attn:

Mitchell S,Feinberg

• 30 S. Wacker Drive, Suite 2600

Chicago, Illinois 60606

Phone

(312) 855—4356

3.

Name andAddress ofRespondent

(Alleged Polluter)

The Wealshire. Inc.

Attn:

Arnold Goldberg

150 Jamestown Lane

Lincoinshire, Illinois 60069

Phone

(847)

883—9000

(if

knowii)

4.

Describe the type of business or activity which you allege (believe) is causing pollution (for example,

manufacturing company, grain elevator, home repair shop)

The operating of Air Conditioner Unit(s) on the Respondents property (Northside)

closest to Complainantsproperties.

The business is an .Alzheinier’s care facility.

5.

List specific Sections of the Environmental Protection Act and/or Board regulations which

you allege

•

(believe)arebeiñg violated.

35 Iii.

~clm.

Code,

Subtitle H, Chapter

I, Section 900.101

415 ILCS

5/24

(formally Ill. Rev.

Stat.

1991,

Ch.

111k, Par.

1024)

35

III.

Adm.

Code,

Subtitle H,

Chapter

I,

Section 900.102

35 Ill.

Adni.

Code.

Subtitle H, Chapter

1, Section 901.102a

35 Ill

Adm,

Code, Subtitle H,

Chapter

I,

Section 901.102b

---

6.

Describe the type ofalleged pollution (for example air, odor, noise, water, drinking water, sewer

back-ups) and the location of the alleged pollution.

Be as specific as possible in

describing the

pollution discharge or emission.________________________________________________________

Noise

is caused by the bperation of the Air Conditioner Unit(s) located on

the

North

side of “The Wepishire” located at 150 Jamestown Lane, Lincoinshire, IL 60069.

The

noise pollution source is located in the proximity of the Complainants’ properties

~nd

r’ong(s,tg

of commercial size unit(s).

It consists of the motor, fan and

accompanying noise from the unit(s)

.

•

7.

Describe the duration

and

frequency ofthe alleged pollution.

Be as specific as possible about when

you first noticed the alleged pollution, how frequently it occurs,

and whether it is still continuing;

include dates and/or times of day if available._______________________________________________

~Yhenoisepollution

occurs in the Spring,

Summer,

and early Fall,

and almost

constantly

throughout the day and night

(24 hours/day), with the greatest

frequency, volume,

and duration during

the summer, and especially on those days

with the highest temperatures.

---

8.

Describe any bad effects which you believe the alleged pollution has on human

health, plant or

animal life, orthe environment,________________________________________________________

The

noise

~enerated

by

the

Air

Conditioner

Unit(s)

operated

by

the

Respondent

has

resulted

in

an

unreasonable

interference

with

the

use

and

enjoyment

of

Complainants’

properties,

disturbance

during the night of the1z~sleep which endangers

the physical

and

emotional

health

and

well—being of the Complainants’ and depresses the value of

Complainants’ properties.

9.

Describe the relief you wish the Board to grant (for example, an

order that the Respondent stop

polluting, perform a specific action,

make

a specific change in its operation,

and/or pay a money

penalty; the Board cannot order Respondent to pay you money

damages,

attorney’s fees or any out-of-

pocketexpenses which you incur

by filing this complaint.

Complainants’ request that the Board enter an Order directing the Respondent

to cease

and desist from further violations of applicable statutes

and• regulations and more

~pec~ifieally

relocate

the

Air

Conditioner(s)

to the opposite side of

their building

where

there

are

commercial, not residential. properties and/or vacant space.

In the

alternative,

sound

barriers

or

devises

be

employed

that

would

affirmatively

reduce

all

noi~eviolations

to

levels

not

in violation

of. current laws.

Complainants’ request the

Board

to

enter

such

further,

or

other,

relief

it

deems

appropriate

under

the

circumstances..

10.

State whether you know

if there is

any court or other forum in which you

are

or anyone.else is suing

or complaining

against this Respondent for the same alleged pollution

di~schargeor emission.

None

known

to

Complainants.

Complainants

met

with

Mr.

Goldberg

ofWealshire

but

no

resolution

of

the

noise

pollution

has

been

achieved.

•

•

:

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11. CERTIFICATION

(Optional but encouraged)

j

Morry

Gabel

having read the above do hereby swear

and

attest

that I have read the

foregoing and I have filled

out the above form accurately

and

to the best of my knowledge.

:~

..

(

~

.

Subscribed to and Sworn

me this~P~~day

2003

Public

10

My Commission Expires

PhoebeR. Bindiger

Notary

Public, State

of illinois

MyCommissionExp. 03/25/2006

---

NA~

RECE~~JED

CLFRrc’5

OFF~CF

FEB

2

5

2003

STATE

OF

ILLIN

O~S

Pollution

control Board

The undersigned, being first sworn,

states than an original copy ofthe amended complaint and a

copyofthe notice offiling was mailed, orpersonally served, to the Respondent ofthis action at the

below listed address on this date

February

25,

2003

by:

(Check appropriate line)

Certified Mail (attach copy ofreceipt)

Registered Mail (attach copy of receipt)

X

Personal Service

RESPONDENT’SADDRESS

NAME:

Bruce T. Logan/Lawrence Freedman do

Ash, Anos, Freedman & Logan,

L.L.C.

STREET:

77 West Washington Street

-

Suite 1211

CITY, STATE AND ZIP:

Chica~i

TT

60602

SIGNED AND SWORN to before me

this date

~-fib

~v~i

~~15

c2t~i~

Notary Public

~SEAL”

~

Phoebe R. Bmdiger

~

~

Notary

Public, State of

Illinois

~,~~missionEx~.

03/25/2006

0

---

NOTE:

THIS FORM

MUST

BE

INCLUDED

IN THE

SERVICE

TO

RESPONDENT

INFORMATION

FORRESPONDENT RECEIVINGCOMPLAINT

The Board will not accept this complaint thathas been servedupon you if the case is determined to

be either duplicitous or frivolous. Duplicitous means that a similarcase is pending in another court

or in another action before the Board.

The response to question #10 in the complaint states the

opinion oftheComplainant(s) on

this issue.

Neither

can

the Board accept

the complaint

if the action

is frivolous.

Frivolous means that the

requested relief is beyond the Board’s authority to

grant.

Forexample, the Board has the authority

to order theRespondent(s) to cease

and

desist the polluting activity

and

order a fine

after

following

certain

procedures.

The Board does not have the authority for example

to

grant

monetary

compensation to the Complainant for damage to

health

or

property.

Also, the

Board cannot order

the polluting activity to cease while the case is pending, except under

special

circumstances.

The

response to question

#9

in thecomplaint states the opinion ofthe Complainant(s) on this issue.

If you believe this case is duplicitous or frivolous, please file a motion with theBoard within two

weeksfromthe dateof service. Themotionmust state the basis forwhich the motion is madeand a

concise statement of the relief sought. Memoranda, affidavits, and

any

other relevant documents

should accompany the motion.

If more time than two weeks

is

necessary

to gather supporting

evidence, please indicate this within the two weeks

and state your reasons as well as the amount of

additional time needed.

Upon good cause, the Board may grant an extension

at

its

next Board

meeting.

Ten (10) copies of the motion must be filed with the Clerk of the Board with proof of

service.

Service

may

be

done either personally or by First Class United States mail.

Mail service is

presumedcompletedfourdays after mailing.

Ifno response is receivedby the Board within twoweeks, theBoard, at its discretion, mayfind that

thecomplaint is not duplicitous or frivolous and may accept thecase for hearing.

Ifyou haveany questions, please contact the Clerk’s

Office, at (312) 814-3629.