BTL/10/23/03
Attorney No. 90068
RECEIVED
CLERFc’S
OFFICE
OCT
2
3
2003
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
STATE
OF
ILLINOIS
Pol/~tjo~
Control Board
MORRY GABEL, MYRA GABEL,
)
DON FOREMAN, MARSHA FOREMAN,
)
KEITH PINSONEAULT and TRACY PINS ONBAULT.
)
)
Complainant,
)
)
vs.
)
No. PCB 03-38
THIE WEALSHRE,
INC.,
an
ILLINOIS CORPORATION.
)
)
Respondent.
)
NOTICE OF FILING
Bradley P. Halloran
Hearing Officer
Illinois Pollution Control Board
James R. Thompson Center, Suite 11-500
100 WestRandolph Street
Chicago, IL 60601
Mitchell S. Feinberg
Chuhak & Tecson, P.C.
30 South Wacker Drive
Suite 2600
Chicago, IL 60606
PLEASE TAKE NOTICE that on the
_____
day of October, 2003, there was filed with the
Illinois Pollution
Control Board
Respondent’s
Reply In
Support
Of Motion For
Stay,
a
copy of
which is attached and herewith served upon you.
THE WEALSHIRE, INC.
Bruce T. Logan
Ash, Anos,
Freedman &
Logan, L.L.C.
77 WestWashington Street
Chicago, IL 60602
312-346-1389
Attorneys for Respondent
c/~_
/
-
-
~
/
/
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—
By:
Ash, Anos, Ef~edn*~
& Logan, L.L.C.
STATE OF ILLINOIS
COUNTY OF COOK
)
ss.
)
)
)
AFFIDAVIT
OF SERVICE
The undersigned, being first duly sworn on oath,
deposes and says that she served the above
and foregoing Notice of Filing and Reply In Support OfMotion For Stay by mailing a copy to:
BradleyP. Halloran
Mitchell S. Feinberg
Hearing Officer
Chuhak & Tecson, P.C.
Illinois Pollution ControlBoard
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 the U.S. Mail Chute at 77 West Washington Street, Chicago, Illinois 60602,
at 5:00 P.M. on October 23, 2003, with proper postageprepaid and by faxing a copy to the numbers
indicated above on October 23, 2003.
Subscribed and sworn to before me
this,~?~_~day
ofOctober, 2003
OTU~LCTEO~~9
ARY PUBLIC
BTL/10/9/03
AttorneyNo. 90068
STATE OF ILLINOIS
)
RE
CE
~
V~
j:~
)
ss.
CLERK’S
OFFICE
COUNTY OF COOK
)
OcT
2
3
2003
STATE OF ILLINOIS
STATE OFILLj~~J~
POLLUTION CONTROL BOARD
“~11utiOfl
Controj
Board
100 W. RANDOLPH STREET, SUITE 11-500
CHICAGO, ILLINOIS 60601
MORRY GABEL, MYRA GABEL,
)
DON FOREMAN, MARSHA FOREMAN,
)
KEITH PINSONEAULT and TRACYPINSONBAULT.
)
)
Complainant,
)
)
vs.
)
No.PCBO3-38
)
THIE WEALSBIERE, INC., an
)
ILLINOIS CORPORATION.
)
)
Respondent.
)
)
REPLY IN SUPPORT
OF
MOTION FOR STAY
NOW
COMES the Respondent,
THE
WEALSHIRE,
INC., by
its
Attorneys,
Ash,
Anos,
Freedman& Logan, L.L.C., and presents the following in support ofits Motion for Stay:
1.
Attached
hereto
and
incorporated
herein
is
the
Affidavit
of
Ralph
Chapman,
Operations Director for The Wealshire, Inc.
It is Mr.
Chapman’s opinion that the air conditioning
system’s compressor fans cannot be safely operated oncethe system is winterized.
2.
The Complainants’ Response refers to
a new report ofMr. Zak that apparently has
not
been provided
to
the Respondent.
The Respondent has been provided with
a December 31,
2002 report.
That purports to measure the sound levels from the Complainants’ porches, but
does
not make any recommendations for modifications to the system,
except for
“..
.constructing
an
acoustic enclosure that
is air tight,
except for intake afld exhaust silencers around the chiller.”
As
stated in Mr. Chapman’s Affidavit, the manufacturer does not allow the system to be enclosed and
will void the warranty.
This means the proposed modification by the Complainants
is impossible
to implement and the Respondent is acting responsibly with its modifications.
WHEREFORE,
the Respondent, THE
WEALSHIRE,
INC.,
requests
a stay to
allow it to
complete its
modifications
and
that
it be
given
an
opportunity to
conduct its
own independent
sound testing in order to prevent an unreasonable and arbitrary hardship upon theRespondent.
Bruce T. Logan
Ash, Anos, Freedman & Logan, L.L.C.
77 West Washington Street
Chicago, IL 60602
312-346-1389
Attorneys for Respondent
-2-
THE WEALSHIRE, INC.
By:
L.L.C.
BTL/10/20/03
Attorney
No. 90068
STATE OF ILLINOIS
)
)
ss.
COUNTY
OF COOK
)
STATE
OFILLINOIS
POLLUTION CONTROLBOARD
100W. 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.
)
)
AI~I~IDAV1T
OF RALP1T (TE4PMAN
NOW COMES RALPH CHAPMAN,
being frst duly sworn on oath, and deposes and
says:
1.
That if called
upon
in
open Court to
testify
to the matters
stated herein, I would be
competent to so testify.
2.
I am the Operations Director of The Wealshire, Inc.
I have personal knowledge ofthe
water
based
air
conditioning
system,
and
in
the
past
months
I
have
been
personally
involved
in
modifying the system.
3.
In
order
to
quiet
the
system,
The
Wealshire
undertook
an
extensive
program
of
automating
the
system
that
was
previously
run manually.
This
summer
in
working with
O’Neill
Engineered Systems,
we installed jackets to quiet the equipment and we are currently
in
the process of
installing additional modifications, including sound absorption panels and a deflective
shield.
We hope
to have this completed before the end ofthe month.
4.
I have been informed that the
Complainants’
expert, Greg Zak, has stated that the fans
for the compressor can be run even though the system has been winterized.
5.
Neither myselfnoranyone on my staff has ever run the fans with the system shut down.
Based on my experience, it would take a modification to the
electrical system ofthe air conditioning
system in order to manually use the fans.
It is my opinion that this poses an unnecessary electrical and
fire hazard
and
could
potentially
damage
the
entire
system.
I
am not
able to
recommend
to
the
ownership that we start the compressor fans with the system shut down.
6.
I personally contacted the manufacturer ofthe system concerning the possibility ofthily
enclosing
the
system
based
on
the
comment
of Greg
Zak.
Both
Trane
and
its
recommended
engineering firm,
O’Neill Engineered
Systems,
stated that
Trane would
void
the warranty and both
recommended against any attempt to fully enclose the system.
O’Neill Engineered Systems designed
the
sound absorption panels with
the belief that the sound
absorption panels will significantly improve
the decibel level ofthe system.
Further Affiant sayeth not.
~
(2~
RALPH CHAPMAN
Subscribed and sworn to before me
Bruce T. Logan
Ash, Anos, Freedman & Logan, L.L.C.this ~
I
day ofOctober, 2003.
77 West Washington Street
Chicago, IL 60602
Attorneys forRespondent
NOTARY PUBLIC
~
OFRC~1ALSEAL
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~ SHARON
LOIS
CUTLER ~
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