State of Illinois

POLLUTION CONTROL BOARD

JAMEs

R. THOMPSON CENTER

100 W.

RANDOLPH

STREET, SUITE11-500

CHICAGO,

ILLINOIS

60601

FORMAL COMPLAINT

RECE~VED

CLERK’S OFFICE

JUN

102005

SE~~ard

BEFORE THE

ILLINOIS POLLUTION CONTROL BOARD

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(Insert yourname(s) on

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above),

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(Insert name(s) of alleged polluter(s)

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PCB

(For Board use)

Respondent(s).

)

Note:

Ifyou do not use this formal complaint form and instead draft and type your own, it must

contain all ofthe information requested by this form.

All

items must be completed.

Ifthere is

insufficient space to complete any item, you may attach additional sheets, specifying the number

ofthe item you are completing.

Once completed, you must file the original and nine copies of

the formal complaint, notice to respondent, and certificateofservice with the Clerk of the Board

at the above address.

---

1.

Your name, street address,

county, state:

2.

Place where you can be

contacted during normal

business hours (if different

from above):

3.

Name and address ofrespondent

(alleged polluter):

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Describe the type ofbusiness or activity that you allege is causing or allowing pollution

(e.g.,

manufacturing company, home repair shop) and give the address ofthepollution

source if different than the address above:

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5.

List specific sections ofthe Environmental Protection Act, Board regulations, Board

order, or permit that you allege have been or are being violated:

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Describe the type ofpollution that you allege

(e.g.,

air, odor, noise, water, sewer back-

ups, hazardous waste) and the location ofthe alleged pollution.

Be as specific as you

reasonably can in describing the alleged pollution:

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Describe the duration and frequency ofthe alleged pollution.

Be as specific as you

reasonably can about when you first noticed the alleged pollution, how frequently it

occurs, and whether it is still continuing (include seasons ofthe year, dates, and times of

day if known):

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8.

Describe any bad

effects that you believe the alleged pollution has or has had on human

health, on plant

or animal life, on the environment,

on the enjoyment oflife or property,

or on any lawful business or activity:

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9.

Describe the relief that you seek from the Board

(e.g.,

an order that the respondent stop

polluting, take pollution abatement measures, perform a cleanup, reimburse cleanup costs,

change its operation, or pay a civil penalty (note that the Board cannot order the

respondent to pay your attorney fees or any out-of-pocket expenses that you incurby

pursuing an enforcement action)):

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10.

Identify any identical or substantially similar case you know ofthat is already pending

before the Board or in

another forum against this respondent forthe same alleged

pollution (note that you need not include any complaints made to

the Illinois

Environmental Protection Agency or any unit oflocal government):

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---

11.

State whether you are representing (a) yourself as

an individual or (b) your

unincorporated sole proprietorship.

Also, state whether you

are an

attorney

and, if so,

whether you are licensed and registered to

practice law in Illinois.

(Under Illinois law,

an

association,

citizens group, unit oflocal government, or corporation must be represented

before the Board by an

attorney.

Also, an individual who is not an attorney cannot

represent another individual or other individuals before the Board.

However, an

individual who is not an

attorney is allowed to represent (a) himself or herselfas an

individual or (b) his or her unincorporated sole proprietorship, though the individual may

prefer having attorney representatiOn.):

CERTIFICATION (optional but encouraged)

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on oath or

affirmation, state that I have read the foregoing and that it is accurate to the best ofmy

knowledge.

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signature)

Subscribed to and sworn before me

this

day

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CAROLLNERI

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NOTARY PUBLIC,

STATE OF ILLINOIS

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My commission expires:

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CERTIFICATE OF SERVICE

1, the undersigned,~oath or affirmation, state that on (month, day, year)

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I served the attached formal complaint and notice on the

respondent by:

(check appropriate line)

-

____

certified mail (attach copy ofreceipt if available, otherwise

you must file

receipt later with

Clerk)

______

registered mail (attach copy of receipt if available, otherwise

you must file receipt later with Clerk)

_____

messenger service (attach copy ofreceipt if available, otherwise you must

file receipt later with Clerk)

-

_____

personal service (attach affidavit if available, otherwise you

must file affidavit later with Clerk)

at the address below:

Subscribed to and sworn before me

this

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of

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RESPONDENT’S ADDRESS:

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City, state, zip code

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(list each respondent’s name and address if multiple respondents

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My commission expires:

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UNITED

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desired.

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Print your name and address on

the

reverse

so that we can return the card

to you.

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to the back of the mailpiece.

or on the front if space permits.

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delivery address below:

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print your name, address,

and ZIP+4 in this box•

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---

NOTICE

TO RESPONDENT

NOTE:

THIS STATEMENT

MUST BE INCLUDED IN

THE SERVICE OF THE

INFORMATION FOR-RESPONDENT RECEIVING

FORMAL COMPLAINT

Please take notice that today I filed with the Clerk ofthe Illinois Pollution Control

Board

(Board) a formal complaint,

a copy of which is served on you along with this notice.

You may

be required to attend a hearing on a date set by the Board.

Information about the formal complaint process before the Board is found in the

Environmental Protection Act

(Act)

(415

ELCS

5/1

et seq.)

and the Board’s procedural rules

(35

Ill. Adm.

Code

101

and

103).

These can be accessed at the Board’s Web site

(www.ipcb.state.il.us).

The following is a summary of some ofthe most important points in the

Act and the Board’s procedural

rules.

It is provided for general infonnational purposes only and

does not constitute legal advice or substitute for the provisions ofany statute, rule, or regulation:

Board Accepting Formal Complaint for Hearing; Motions

The Board will not accept this formal complaint for hearing if the Board finds

that it is

either “duplicative” or “frivolous” within the meaning of Section

3 1(d) ofthe Act

(415

ILCS

5/31(d))

and Section

101.202 ofthe Board’s procedural rules

(35

Iii. Adrn. Code

101.202).

“Duplicative” means that

an identical or substantially similar case is already pending before the

Board or in court.

See

35 Ill. Adm. Code

103.2 12(a) and item 10 ofthe formal complaint.

“Frivolous” means that the formal complaint seeks relief that the Board does not have the

authority to grant, or fails to state acause ofaction upon which the Board can grant relief.

For

example, the Board has the authority to order a respondent to stop polluting and pay a civil

penalty, to

implement pollution abatement measures, or to perform a cleanup or reimburse

cleanup costs.

The Board does not have the authority, however, to award attorney fees to

a

citizen complainant.

See

35

Ill.

Adm.

Code 103.212(a) and items

5

and

9 ofthe formal

complaint.

Ifyou believe that this formal complaint is duplicative or frivolous, you may file a

motion with the Board, within 30 days afterthe date you were served with the complaint,

requesting that the Board not accept the complaint for hearing.

The motion must state the facts

supporting yourbelief that the complaint

is duplicative or frivolous.

Memoranda, affidavits, and

any other relevant documents may accompany the motion.

Ifyou need more time than 30 days

to file a motion alleging that the complaint is

duplicative orfrivolous,

you must file a motion for

an extension oftime within 30 days after service ofthe complaint.

A motion for an extension of

time must state why you need more time and the amount ofadditional

time you need.

Timely

filing a motion

alleging that the complaint

is duplicative or frivolous will stay the 60-day period

for filing

an answer to the complaint.

See 35

III. Adm. Code

103.204,

103.212(b).