State ofIllinois

POLLUTION CoNTROL BOARD

JAMES

R.

THOMPSON

CENTER

100W.

RANDOLPH

STREET, SUITE

11-500

CHICAGO,

ILLINOIS 60601

RECEIVED

CLERK’S OFFICE

JUL

152005

STATE OF ILLINOIS

Pollution Control Board

BEFORE THE

ILLINOIS POLLUTION

CONTROL

BOARD

(Insert your name(s)

on lines

above),

Complainant(s),

V.

Attorney’s Title Guaranty Fund Inc

)

PCB______

)

(For Board use)

)

)

)

)

)

)

)

)

Note:

If you do not use this formal complaint form and instead draft and type your own,

it must

contain all

of the information requested by this form.

All items must be completed.

If there 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 of service with the Clerk of the Board

at the above address.

FORMAL

COMPLAINT

Lawrence Keith Padgett

_______________

Charlotte Ann Padgett________________

)

)

)

)

)

)

)

)

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

on lines above),

Respondent(s).

---

Your

name, street address,

Lawrence

Keith Padgett

county,

state:

#1

Lyndhurst Place

Champaign,

IL

61820

Phone:

(217) 359-6932

2.

Place where

you can be

______________________________

contacted during normal

business hours (if different

__________________________________

from above):

Phone:

_______________________

3.

Name and address of respondent

Attorneys’

Title Guaranty Fund

Inc

(alleged polluter):

Attn: Jerry Gorman

__________________________

2408

Windsor Place

_________________________

Champaign,

Illinois 61820

__________________

Phone (217) 359-2000

(if known)

4.

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 of the pollution

source if different thaji the address above:

The

operating ofair conditioning unit on the respondents property (west side),

closest

complainants

property.

The

business is an

office/business facility.

---

5.

List specific sections of the Environmental

Protection Act, Board regulations, Board

order,

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

35

III. Adm. Code,

Subtitle

Fl, Chapter

1,

Section 900.106

415

ILCS

5/24 (formally

111,

Rev. Stat.

1991,

Ch.

1111/2, Par.

1024)

________________

35

III. Adm.

Code,

Subtitle H, Chapter 1,

Section 900.102

_______________________

35111.

Adm.

Code, Subtitle H, Chapter!, Section 901.102a______________________

35

Ill. Adm.

Code, Subtitle H, Chapter 1, Section

901.1 02b

_______________________

6.

Describe the type of pollution 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:

Noise is caused by the operation of the Air Conditioner Unit located on the West side of

Attorney Title Guaranty

Fund Inc.

located at 2408 Windsor Place, Champaign,

III 61820.

The noise pollution source is located in the proximity of the Complainant’s property and

consists of a commercial

size unit.

It consists of(6 motors),

(6 fans), huge condensing

coil

and accompanying noise from the unit.

___________

_______________________

7.

Describe the duration and frequency of the 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):

The noise pollution occurs year-round,

almost constantly throughout the day and

night

(24 hours per day

),

with the

greatest frequency, volume and duration during the summer.

---

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 of life or property,

or on any lawfiul business or activity:

The noise generated by the Air Conditioner Unit operation by the Respondent has

resulted in

an unreasonable interference with the use and enjoyment of Complainant’s

property, disturbance during the night of their sleep which endangers the physical and

emotional health and well-being ofthe Complainant’s and depresses the value of

Complainant’s property. ___________________________________________________

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 incur

by

pursuing an

enforcement action)):

Complainant’s request that the Board enter an Order directing the Respondent to cease

and desist from further violations of applicable statues and regulations and more

specifically relocate the Air Conditioner to the opposite side oftheir building wherethere

are commercial

,

not residential properties.

In the alternative, sound barriers or devises he

employed that would affirmatively reduce all

noise violations to levels not in violation of

current laws. Complainant’s request the Board

to enter such further, or other, relief it

deems appropriate

under the circumstances.

________________________________________

---

10.

Identify any identical or substantially similar case you know ofthat

is already pending

before the Board or in another forum against this respondent for the same alleged

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

Environmental Protection Agency or any unit of local government):

None known

to Complainants.

______________________________________________

---

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 herself as an

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

prefer having attorney representation.):

I am representing myselfas owner of I

Lyndhurst Place, Champaign, Illinois

12.

(Complainant’s signature)

CERTIFICATION (optional

but encouraged)

I,

L4trfit~vc4c

/Cc,7w

f4/fl26rr

____________

affirmation, state that

I have read the foregoing and that

it is accurate to the best of my

knowledge.

(Complainant’s signature)

‘C—

Subscribed to and sworn

before me

this

day

11-I

NoS’y Public

/

on oath or

My commission expires:

I/9~

dAdS

---

NOTICE TO RESPONDENT

NOTE:

THIS STATEMENT MUST BE INCLUDED IN THE SERVICE OF THE

FORMAL COMPLAINT ON

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 ILCS

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.iI.us).

The following is a summary of some ofthe most important point5j 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 of any statute, rule, or regulation:

Board Accepting Formal Complaint for Hearin2;

Motions

The Board will

not accept this formal complaint for hearing ifthe Board finds that it is

either “duplicative” or “frivolous” within the meaning of Section 31(d) ofthe Act

(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 pending before the

Board or in

court.

See 35

III. Adm. Code

103.212(a) and item

10 of the formal complaint.

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

authority to grant, or fails to state a cause 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 of the formal

complaint.

If you believe that this formal complaint is duplicative or frivolous,

you may file a

motion with the Board, within

30 days after the date you were served with

the complaint,

requesting that the Board not accept the complaint

for hearing.

The motion must state the facts

supporting your belief 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 or frivolous, you must file a motion for

an extension of time 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 allegingthat the complaint is duplicative or frivolous will

stay the 60-day period

for filing an

answer to the

complaint.

See

35111. Adm.

Code

103.204,

103.212(b).

---

All motions filed with the Board’s Clerk must include an original, nine copies,

and proof

of service on the other parties.

Service may be made in person, by U.S. mail, or by messenger

service.

Mail service is presumed complete four days after mailing.

See

35

Ill. Adm. Code

101.300(c),

101.302,

101.304.

Ifyou do not respond to the Board within 30 days after the date on which the complaint

was served on you, the Board may find that the complaint

is not duplicative or frivolous and

accept the case for hearing.

The Board will then assign a hearing officer who will contact you

to

schedule times for telephone status conferences and for hearing.

See

35 Ill.

Adm. Code

103.2 12(a).

Answer to Complaint

You have the rightto

file an

answer to this formal complaint within 60 days after you

receive the complaint.

If you timely file a motion alleging that the complaint is duplicative or

frivolous,

or a motion

to strike, dismiss,

or challenge the sufficiency ofthe complaint, then you

may file an answer within

60 days after the Board rules on your motion.

See

35

Ill.

Adm. Code

101.506,

103.204(d), (e),

103.212(b).

The Board’s procedural rules require the complainant to tell you as respondent that:

Failure to file an answer to

this

complaint within

60 days may have severe

consequences.

Failure to answer will mean that all allegations in the

complaint will be taken as

if admitted

for purposes of this

proceeding.

If

you have any questions about this procedure, you should

contact the hearing

officer assigned

to this proceeding, the Clerk’s Office or an attorney.

35

Ill.

Adm. Code 103.204(0.

Necessity

of an Attorney

Under Illinois law, an association, citizens group, unit oflocal government, or corporation

must be represented before the Board by an attorney.

In addition, an individual who is not an

attorney cannot represent another individual or other individuals before the Board.

However,

even if an individual is not an attorney, he or she is allowed to represent (1) himself or herselfas

an individual or (2) his or her unincorporated sole proprietorship.

See

35

Ill. Adm.

Code

101.400(a).

Such

an individual may nevertheless wish to have an attorney prepare an answer

and any motions or briefs,

and present a defense at hearing.

Costs

In defending against this formal complaint, you are responsible for your attorney fees,

duplicating charges, travel expenses,

witness

fees,

and any other costs that you or your attorney

may

incur.

The Board requires no filing fee to

file your answer or any other document with the

Board.

The Board will

pay any hearing costs

(e.g.,

hearing room rental, court reporting fees,

hearing officer expenses).

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

---

NOTE:

TIltS FORM MUST BE

INCLUDED IN THE

SERVICE TO RESPONDENT

INFORMATION

FOR

RESPONDENT RECEIVING COMPLAiNT

The

Board

will not accept this complaint

that has been served upon you if the ease 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

gnnt.

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 pmperty.

Also,

the Board cannot outer

the polluting activity

to cease while the ease is pending, except under special circumstances.

The

response to question

#9

in the complaint states the opinion ofthe 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 ofservice.

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 morn

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.

Ifno response is received by the Board within two weeks, the Board, at its discretion. may find that

the complaint

is

not duplicitous or frivolous

arid may accept the case forhearing.

Ifyou have any questions,

pleasecontact the Clerk’s Office,

at (312)

814-3629.

---

CERTIFICATE

OF SERVICE

I, the undersigned, on oath or affirmation,

state that on (month, day, year)

Yc/LY

£dooc

respondent

I served the attached formal complaint and notice on the

mail

(attach copy of receipt 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 of receipt 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:

RESPONDENT’S ADDRESS:

Name

---

Attorneys’

Title Guaranty

Fund,

Inc

Street

---

2408 Windsor Place

City, state, zip code

Champaign, Illinois 61820

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

Subscribed to and

sworn before me

t~i~

‘94AJ

~

Complainant’s signature

Street

#1

Lyndhurst

Place____________________

City, state, zip code

--

Champaign. IL 61820

r5~ALsE~r1

JANE

F

1-lOGAN

NOTARY

PUBLiC

STATE Of

lUINOtS

by:

‘(check appropriate

line)

My commission expires:

11-i2- ~~&S

---

SENDER:

COMPLETE

THIS SECTION

•

Complete Items

1, 2,

and

3. Also complete

Item 4 It

Restricted DelIvery

Is

desired.

•

Print your name and address on the teverse

so that we

can

return

the card to you.

•

Attach this

card to the back of the mailpiece,

or on the front it space

permIts.

U-

U.S.

Postal

Service~~

CERTIFIED MAIL1~RECEIPT

(Domestic Mail Only; No Insurance Coverage Provided)

Poeta9e

certllted roe

Return Receipt Fee

~Endorsewtentflequke4

Roekictad

Delivery Fee

tEr~orseTh~

flequIrer~

lbtaiPoetaQe&PeeI

S

07/11/05

2.30

1.75

$

4.88

sentto-

—

aiP.t..@?.~~±d4sr

.Zt

~

COMPLETE

THIS SECTION ON

DELIVERY

1.

MIclo Addressed to:

t#k

C.L.kY~.+j

rk~4

~

Serr~

&-t~rn’4h

A.

Fy&nsa’

X

75

I

CT

C

Addressee

S.

(~ecoived

by

(Pitted

Name)

C.

Date

of

Do

ivory

7-13--

D.

Is delivery addretliltferent

from

ten, 1?

C

Yes

If

YES, entor

delivery address

below:

El

No

3.

ServIce

lype

~

Certliled Mall

El

Express

Mall

C

Registered

C

Return Receipt for

Morchahdlse

C

Insured

Mall

C

c.o.o.

4.

RestrIcted Delivery?

(Ext.u

Pee)

(3

Yes

2.

Ntlcle Number

(7iansfer 11pm service

7004

2510

l~Sj_______________________________________________________________

0005

7229

4419

PS Form

3811,

February 2004

Domestic

Return

Receipt

1o2595-o2-M-154o

nj

ni

N

U.)

a

a

a

ci

r1

LI)

nj

n2~

C

C

N

CaaEIG~~I

AL

U~$tJ.

~