BTL/3/10/03
Attorney No.
90068
t1i1~i’~fli\
f
r\
Ii
STATE OFILLINOIS
~
COUNTY OF COOK
)
M~R
1
2
2003
STATE OF ILLiNOIS
STATE OF ILLINOIS
POLLUTION CONTROL BOARD
pollution
CofltT0t
Board
100 W. RANDOLPH STREET, SUITE 11-500
CHICAGO, ILLINOIS
60601
MORRY GABEL, MYRA GABEL,
)
DON FOREMAN, MARSHA FOREMAN,
)
KEITH PINSONEAULT and TRACY PINSONEAULT.
)
)
Complainant,
)
)
vs.
)
No. PCB 03-38
)
THE WEALSHIRE, iNC., an
)
ILLINOIS CORPORATION.
)
)
Respondent.
)
)
ANSWER
TO
AMENDED
FORMAL COMPLAINT BEFORE THE
ILLINOIS POLLUTION CONTROL BOAR)
NOW COMES the Respondent THE WBALSHIRE,
INC.,
by its
attorneys Ash, Anos,
Freedman & Logan, L.L.C. and in response to the AmendedFormal Complaint Before the Illinois
Pollution Control Board captioned above states:
1.
YourName, Address and Phone:
Morry
Gabel, 20 Ashford
Court, Lincohishire, Illinois 60069, (847) 821-0447.
ANSWER:
Respondentmakes no answer to paragraph number 1 since theparagraph is
informational.
2.
Place where you can be contracted during normalbusiness hours (if different from above):
Morry Gabel, do Chuhak & Tecson, P.C., Attn:
Mitchell S. Feinberg, 30S. Wacker
Drive, Suite 2600, Chicago, Illinois 60606 (312)
855-4356.
ANSWER:
Respondent makes no answer to paragraph number2 since theparagraph is
informational.
3.
Name and Address ofRespondent (Alleged Polluter):
The Wealshire, Inc., Attn: Arnold Goldberg, 150 Jamestown Lane, Lincoinshire,
Illinois 60069, (847) 883-9000.
ANSWER:
Respondentadmits the information as to the Respondent’s address and
denies the remaining legal conclusions.
4.
Describe the type ofbusiness 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 Complainants properties.
The business is an Alzheimer’s care facility.
ANSWER:
Respondent admits that
it
has air conditioning condensing i.e., chiller units
on its property, which is devoted to
the care ofAltheimer patients and deny
the remaining allegations ofparagraph 4 on each ofthem.
5.
List specific Sections ofthe Environmental Protection Act and/orBoard regulations which
you allege (believe) are being violated:
35
Iii. Adm. Code, Subtitle H, Chapter I, Section 900.106;
415 ILCS 5/24 (formally Ill. Rev. Stat. 1991, CH.
111
1/2, Par. 1024);
35 Ill. Adm. Code, Subtitle H, Chapter I, Section 900.102;
35 Iii. Adm. Code, Subtitle H, Chapter I, Section 901.102a
35 Iii. Adm. Code, Subtitle H, Chapter I, Section 901.102b;
ANSWER:
Respondentfinds no Section 900.106 in thepublishedRegulations and
denies the remaining allegations and legal conclusions ofparagraph 5 and
each ofthem.
-2-
6.
Describe the type ofalleged pollution (for example air, odor,water, drinking water, sewer
back-ups) and the location ofthe alleged pollution.
Be as specific as possible in describing the
pollution discharge or emission.
Noise is caused by the operation of the
Air
Conditioner Unit(s) located on the North
side of the “The Wealshire” located at 150 Jamestown Lane, Lincolnshire, IL 60069.
The noise pollution source
is
located in the proximity ofthe Complainant’s properties
and consists of commercial size unit(s).
It consists ofthe motor, fan and
accompanying noise from the unit(s).
ANSWER:
Respondent is informed thatthe condensing units complained ofare sold
with the manufacturer’s specifications and met the local BOCA Code when
installed and denies that the condensing units generate noise in violation of
thestatute or administrative rules.
7.
Describe the duration and frequency ofthe alleged pollution.
Be as specific as possible
about when you first noticed the allegedpollution, how frequently it occurs, and whether it is still
continuing; include dates and/or times ofday if available.
The noise pollution occurs year-round, almost constantly throughout the day and
night (24 hours per day), with the greatest frequency, volume,
and duration during
the summer.
ANSWER:
The Complainants ‘prior allegation was that the
“noise pollution occurs
year-round”.
They have now amended that to coincide with theAnswer
previouslyfiled by the Respondent which statedthat the condensing units
complained ofare out ofservicefor approximately 7 months during thefall,
winter, and early spring.
The units are enclosed by masonry walls 20’by
53’and 8-1/2’ high.
They are in closerproximity to the Respondent’s
healthcarefacilities than to the Complainants
‘
homes, but have resulted in
no complaints by residents.
At the time ofinstallation, they met the Building
Code requirements ofthe
Village ofLincolnshire.
Therefore,
the
Respondentdenies the allegations and legal conclusions ofParagraph 7
and each ofthem.
8.
Describe any bad effects which you believe the allegedpollution has on humanhealth, plant
or animal
life, orthe environment.
-3-
The noise generated 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 their sleep which
endangers the physical and emotional health
and well-being ofthe Complainants’ and
depresses the value of Complainants’ properties.
ANSWER:
Respondentdenies the allegations and legal conclusions in paragraph 8 and
each ofthem.
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-pocket expenses 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 specifically 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 devices be employed thatwould/affirmatively reduce all
noise violations to levels not in violation or current laws.
Complainants’
request the
Board to enter such further, or other, relief it deems appropriate under the
circumstances.
ANSWER:
Respondentasks theBoard to assess thesituation and determine that no
violations are occurring and enter an order denying reliefto the
Complainants.
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 discharge or
emission.
None known
to Complainants.
Complainants met with Mr. Goldberg ofWealshire
but no resolution ofthe noise pollution has been achieved.
ANSWER:
Respondent admits that there are no known other Complainants other than
in
this cause and admits that theRespondent’s staffhas met with thePlaintiffs but denies the legal
conclusion that there is any noise pollution generated by the equz~ment
ident~fied
by the
Complainant’s.
-4-
11.
CERTIFICATION (Optional but encouraged)
THE WEALSHIRE, iNC., an Illinois Cørporation
~
By:
~-1sh, Anos, Freedman & ~7~L.L.C.
/
Bruce T.
Logan
Ash, Anos, Freedman & Logan, L.L.C.
77
West Washington Street
Chicago, IL 60602
312-346-1389
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