BTL/1/8/04

Attorney No.

90068

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STATE OF ILLINOIS

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COUNTY OF COOK

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Polumow

CONTROL ~14Rb

BEFORE

THE

ILLINOIS POLLUTION CONTROL BOARD

MORRY GABEL, MYRA GABEL,

)

DONFOREMAN, MARSHA FOREMAN,

)

KEITH PINS ONEAULT and TRACY PINSONBAULT.

)

)

Complainant,

)

)

vs.

)

No. PCB 03-3 8

)

THE WEALSUIRE, INC., an

)

ILLINOIS CORPORATION.

)

)

Respondent.

)

NOTICE OF

FILING

BradleyP. Halloran

Mitchell S. Feinberg

Hearing Officer

Chuhak & Tecson, P.C.

Illinois Pollution Control Board

30 South Wacker Drive

James R. Thompson Center, Suite 11-500

Suite 2600

100 West Randolph Street

Chicago, IL 60606

Chicago, IL 60601

PLEASE

TAKE NOTICE

that on

the

861

day of January,

2004,

there was

filed with

the

Illinois

Pollution

Control

Board

Respondent’s

Responses

To

Complainants’

First

Request

For

Production Of Documents, a copy ofwhich is attached and herewith served upon you.

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Ash, Anos, F~dm~n

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Bruce T. Logan

Ash, Anos, Freedman & Logan, L.L.C.

77 West Washington Street

Chicago, IL 60602

312-346-1389

Attorneys for Respondent

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RECEfl/ED

AFFIDAVIT

OF SERVICE

‘JAN

8

2004

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POLWl1O~

CONTROL

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The undersigned, being first duly sworn on oath, deposes and says that she served the above

and foregoing Notice of Filing and Responses to Complainants’ First Request

For Production ofDocuments by mailing a copyofeach pleading to:

Bradley P. Halloran

Mitchell S. Feinberg

Hearing Officer

Chuhak & Tecson, P.C.

Illinois Pollution Control Board

30 South Wacker Drive

James R. Thompson Center

Suite 2600

Suite 11-500

Chicago, IL 60606

100 West Randolph Street

FAX 312-444-9027

Chicago, IL 60601

FAX 312-814-3669

and depositing same in theU.S. Mail Chute at 77 West Washington Street, Chicago, Illinois 60602,

at 5:00 P.M. on January

8, 2004, with proper postage prepaid.

Subscribed and sworn to before me

this

‘~“

,4ay ofJanuary, 2004

1/

NOTARY PUBLIC

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BTL/1/6/04

Attorney No. 90068

STATE OF ILLINOIS

)

RECER/ED

)

COUNTY OF COOK

)

rJAN

8

2004

STATE OF ILLINOIS

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POLLUTION CONTROL BOARD

POLLLmON

CONTROL

~OAR1

100 W. RANDOLPH STREET,

SUITE 11-500

CHICAGO, ILLINOIS

60601

MORRY GABEL, MYRA GABEL,

)

DONFOREMAN, MARSHA FOREMAN,

)

KEITH PINSONEAULT and TRACY PINSONEAULT.

)

)

Complainant,

)

)

vs.

)

No. PCB 03-38

)

THE WEALSHIIRE, INC., an

)

ILLINOIS CORPORATION.

)

)

Respondent.

)

)

FIRST REQUEST FOR PRODUCTION OF DOCUMENTS

NOW COMES the Respondent,

THE WEALSHIRE,

INC., an Illinois

Corporation, and in

response to the Complaintants’

First RequestFor Production OfDocuments, states as follows:

1.

Copies of any

and all blue prints and

related documents

for The Wealshire,

Inc.,

specifically

including

any blue prints

relating

to

the complained of air conditioning

units

and

fans, the building and premises.

RESPONSE:

These will be producedto the extent they canbe located.

2.

All documents and written instructions in your possession,

control, or custody on

measures to reduce the noise of the complained ofair conditioning units and fans.

RESPONSE:

See

the

materials

from

O’Neill

Engineered

Systems

(herein

“O’Neill Materials”).

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3.

Any and

all

documents relating

to

any sound

level measurements taken on

your

property of any

sound or noise of any kind which emitted

from the Wealshire, Inc.’s property,

including, but not limited to the results ofany such testing of the air conditioners at issue.

RESPONSE:

See the O’Neill Materials.

4.

Any

and

all

documents

relating

to

any

complaints

you

may

have received

or

conversations regarding any complaints related to any noise from your facility.

RESPONSE:

None

other than

the

formal

Complaint,

though we are

trying

to

locate a

letter

that

may have been sent

by

one of the

Complainants prior

to

the

filing

of the

formal Complaint.

5.

Any and

all

documents

in

your possession,

control,

or

custody,

relating to

any

complaints made to

any governmental agency regarding any noise from your facility.

RESPONSE:

None other than the formal Complaint.

6.

Any

and

all

documents,

materials, warranties,

instructional

materials,

invoices,

pamphlets or otherwise relating to

the air conditioner unit, fans and materials.

RESPONSE:

This will be produced.

7.

Any and

all

information,

copies of communication or other documents received

from Trane, the manufacturer of the air conditioning units at issue,

and/or any supplier ofTrane.

RESPONSE:

See O’Neill Materials.

8.

Any and documentation or estimates you may have obtained regarding the cost to

relocate the air conditioners at issue to

another area away from the residential housing.

RESPONSE:

None.

9.

Copies

of any

and

all

plans

and

specifications you

may have received for any

sound barriers or other devices that would

affirmatively reduce all

noise violations

to

levels not

in violation ofcurrent laws.

RESPONSE:

See O’Neill Materials.

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