State ofIllinois

POLLUTION CONTROL

Bo1tiw

JAMES

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THOMPSONCENTER

100 W. RANDOLPH STREET,

SUITE

11-500

CHICAGO, ILLINOIS

60601

FORMAL COMPLAINT

RECEIVED

CLERK~SOFFICE

JUN

132005

STATE OF ILLINOIS

Pollution Control Board

BEFORE THE

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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 certificate ofservice with the Clerk ofthe Board

at the above address.

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(Insert yourname(s) on lines

above),

Complainant(s),

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(Insert name(s) ofalleged polluter(s)

on lines above),

Respondent(s).

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1.

Your name, street address,

county, state:

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Place where you can be

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3.

Name and address ofrespondent

(alleged polluter):

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4.

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

(e.g.,

manufacturing company, home repairshop) and give the address ofthepollution

source if different than the address above:

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5.

List specific sectionsofthe Environmental Protection Act, Board regulations, Board

order, orpermit that you allege have been or are beingviolated:

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6.

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 tI~

duration and frequency ofthe alleged pMlution.

Be as specific as you

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

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

day ifknown):

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8.

Describe any bad effects that you believe the alleged pollution has orhas 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 reliefthat 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 incur by

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 whetheryou 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 theBoard.

However, an

individual who

is not an attorney is allowed to represent (a) himself orherselfas an

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

prefer having attorney representation.):

12.

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(Complainant’s signature)

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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(Complainant’s signature)

Subscribed

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and sworn before me

this

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Notary Public

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CAROLLNERI

NOTARY PUBLIC, STATE OF ILLINOIS

My commission expires:

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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 ofwhich 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

ILCS

5/1

etseq.)

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.iLus).

The following is a summary ofsomeofthe most important points in the

Act and the Board’s procedural rules.

It is provided for general informational purposes only and

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

Board

Accepting

Formal

Complaint for Hearing;

Motions

The Board will not accept this formal complaint forhearing if the Board finds that it is

either “duplicative” or“frivolous” within the meaningofSection 31(d) oftheAct

(415

ILCS

5/31(d))

and Section

101.202 ofthe Board’s procedural rules

(35

Iii. Adm.

Code

101.202).

“Duplicative” means that an identical or substantially similar case is already pendingbefore 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 seeksreliefthat the Board does not have the

authority to

grant, or fails to stateacause 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, orto perform a cleanup orreimburse

cleanup costs.

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

citizen complainant.

See

35

III. Adm.

Code 103.212(a) and items

5

and 9 of the 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 forhearing.

Themotion must state the facts

supporting yourbelief that the complaint is duplicative or frivolous.

Memoranda, affidavits, and

any otherrelevant documents may accompany the motion.

Ifyou need more time than 30 days

to

file a motion alleging that the complaint is duplicative or frivolous,

you must file a motion for

an extension oftime within 30 days afterservice ofthecomplaint.

A motion for an extension of

time must statewhy you need more time and the amount ofadditional time you need. Timely

filing a motion allegingthat 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, 103.2 12(b).

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SENDEF~

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SECT/ON

COtv~PLETZ

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or on the

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