STATE OF ILLINOIS

EC~V~D

POLLUTION CONTROL BOARD

100 W.

RANDOLPH STREET, SUITE

11-500

CHICAGO, ILLINOIS 60601

SEP

2 7

2002

STArE

OF

LLL~JjS

NOTE:

All items must be completed.

If there is insufficient space to complete an

Control Board

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.

FORMAL COMPLAINT

BEFORE

THE

iTT INOIS

POLLUTION

CONTROL BOARD

Morry

Gabel,

Myra

Gabel,

)

Don Foreman,

Marsha

Foreman,

)

Keith

Pinsoneault

and

)

Tracy Pinsoneault

)

(Insert your name(s) on

lines

)

above),

)

)

Complainant,

)

v.

)

PCB_______

)

(For use by the Board)

The

Wealshire,

Inc.,

ani

)

Illinois

corporation

)

______________________________________________________

)

___________________________________________________________

)

(Insert names of alleged polluter(s)

)

on lines above),

)

)

)

Respondent.

)

1.

Your Name, Address and Phone:

Morry

Gabel

20

Ashford

Court

Lincoinshire,

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

&

Tecson,

P.C.

Attn:

Mitchell

S.

Feinberg

30

S. Wacker Drive,

Suite 2600

Chicago, Illinois

60606

Phone

(312)

855—4356

3.

Name and Address ofRespondent

(Alleged Polluter)

The Wealshire. Inc.

Attn:

Arnold Goldberg

150 Jamestown Lane

Lincoinshire,

Illinois 60069

Phone

(847) 883—9000

(if known)

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 Complainants properties.

The business

is an Alzheimer’s care facility.

5.

List

specific

Sections of

the Environmental Protection Act and/or

Board

regulations which you allege

(believe)

are being violated.

35

Iii. ~&dm.Code,

Subtitle H, Chapter

I,

Section 900.106

415 ILCS 5/24

(formally Ill.

Rev.

Stat.

1991, Ch. 111~,Par.1024)

35 Ill. Adm.

Code,

Subtitle H, Chapter

I,

Section 900.102

—~

35

Ill. Adm. Code.

Subtitle H,

Chapter I,

Section 901.102a

35

Ill. Adm.

Code,

Subtitle H,

Chapter I,

Section 901.102b

——

---

6.

Describe the type of alleged 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 operation of

the Air Conditioner Unit(s)

located on the North

side

of “The •Wealshire” located at

150 Jamestown Lane, Lincoinshire,

IL 60069.

The

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

find

c~nn,~i~~ts

of commercial size unit(s).

It consists

of

the motor,

fan and

accomyanying noise from the unit(s).

7. Describe the duration andfrequencyof the 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.________________________________________________

The noise pollution occurs year—round, almost constantly throughout the day and

night

(24

hours

per day), with the greatest f~equency,volume, and duration

during the summer.

---

8.

Describe any bad effects which you believe the alleged pollution has on human health, plant or

animal life, orthe environment.__________________________________________________________

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 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/orpay

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 devises be employed that would affirmatively reduce all

noise violations

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 discharge or emission.

None

known

to Complainants.

Complainants met with Mr.

Goldberg of Wealshire but

no resolution of the noise pollution has been achieved.

---

11. CERTIFICATION (Optional but encouraged)

Subscribed to

and

Sworh

before me this

I ~

day

of

~~&ç

,

2002W

having read the above do hereby swear and attest that I have read the

out the above form accurately and to the best of my knowledge.

My Commission Expires

ocr

~

---

NOTE:

THIS FORM MUSTBE INCLUDED IN

TIlE

SERVICETO RESPONDENT

INFORMATION

FOR

RESPONDENT RECEIVING COMPLAINT

The Board will not accept

this complaint

that has been served upon you if the case is determined to

be either duplicitous or frivolous.

Duplicitous means that a similar case is pending in another court

or in

another action

before

the Board.

The response to

question #10

in

the complaint

states

the

opinion ofthe Complainant(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.

For example, the Board has the authority

to order the Respondent(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 the complaint states the opinion of the Complainant(s) on this issue.

If you believe this

case is

duplicitous or frivolous,

please file a motion

with

the Board within

two

weeks from the date of service.

The motion must state the basis for which the motion

is made and 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

presumed completed fourdays after mailing.

If no response is received by the Board within two weeks, the Board,

at its

discretion, may find that

the complaint is not duplicitous

or frivolous

and may accept the case for hearing.

If you have any questions, please contact the Clerk’s Office, at (312) 814-3629.

---

CERTIFICATE OF SERVICE

The undersigned, being first sworn,

states that

an original copy of the complaint

and a copy

of the

notice of filing was mailed, or personally served, to the Respondent of this action at the below listed

address on this date

!~.e.f~.i~mb~r

V3,i~.by:(Check appropriate line)

____

Certified Mail (attach copy ofreceipt)

Registered Mail (attach copy ofreceipt)

____

Personal Service

RESPONDENT’S ADDRESS

NAME:

The

Wealshire

Inc.,

do

Arnold

Goldberg

STREET:

150

Jamestown

Lane

CITY,STATEANDZIP:

Lincolnshire,

IL

60069

/h4~ll~4

Complainant(s)

ORN to

before me

SIGNED ~

/

~

this date_______________________________

Notary

Public

I,

Phoebe

R. Bindiger

Notary

Public, State of

Illinois

My Commission Exp.

03/25/2006

---

?1L~0 3901 9844 7117 4051

TOThe

Wealshire,

Inc.

Attn:

Arnold

Goldberg

150 Jamestown Lane

Lincoinshire,

IL

60069

SENDER:

Mitchell

S.

Feinberg

GabelNoise PollutionMatter

REFERENCE:

PS

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RETURN

RECEIPT

SERVICE

Postage

Certified Fee

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Return

Receipt

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7~5

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Restricted

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Total Postage & Fees

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Coverage Provided

Do

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International

Mail

2.

Article

Number

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7160

3901

9~44

7117

4051

3.

Service

Type

CERTIFIED

MAIL

4

Restricted

Delivery?

(Extra

Fee)

Yes

1.

Article Addressed to:

The Wealshire,

Inc.

Attn: Arnold Goldberg

150 Jamestown Lane

Lincoinshire,

IL

60069

Gabel Noise Pollution

Matter

Domestic Return Receipt

Mitchell

S.

FeinbeFg

A.

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(Please

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Date of Delivery

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If

YES,

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address below:

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