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ILLINOIS POLLUTION CONTROL BOARD
December 8, 2005
MICHAEL A. PETROSIUS and DARLA G.
PETROSIUS,
Complainants,
v.
THE ILLINOIS STATE TOLL HIGHWAY
AUTHORITY,
Respondent.
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PCB 04-36
(Citizens’ Enforcement – Noise)
HEARING REPORT
On December 5-6, 2005, a hearing in this matter was held at the James R.
Thompson Center in Chicago, Illinois. Attorney Scott Dworschak appeared on behalf of
the complainants. Attorney Victor Azar appeared on behalf of the respondent.
Witness Credibility
Seven witnesses testified during the hearing:
Mr. Michael Petrosius
Ms. Darla Petrosius
Ms. Zona “Bunny” Anderson
Mr. Rocco Zucchero
Mr. John Wagner
Mr. Greg Zak
Mr. William Barbel
Two members of the public made public comments:
Ms. Krista Dolgner
Ms. Pat Biegel
Based upon my legal judgment, experience, and observations at hearing, I find that the
credibility of witness is not an issue in this matter.
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Exhibits
The parties offered exhibits as evidence at hearing. An exhibit list itemizing the
offered exhibits and summarizing their status is attached to this order.
Briefing Schedule
The transcript is due on December 19, 2005, and the public comment deadline is
January 19, 2006. Complainant’s brief is due by February 6, 2006. Respondent’s brief is
due by March 27, 2006. Complainants’ reply, if any, is due by April 17, 2006. The
mailbox rule will apply.
IT IS SO ORDERED.
_____________________
Carol Webb
Hearing Officer
Illinois Pollution Control Board
1021 North Grand Avenue East
P.O. Box 19274
Springfield, Illinois 62794-9274
217/524-8509
webbc@ipcb.state.il.us
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PCB 04-36
December 5-6, 2005 Hearing
Exhibit List
Exhibit Description Status
Joint Exhibit #1 Aerial photo of site
Admitted
Joint Exhibit #2 Aerial photo of site
Admitted
Joint Exhibit #3 Aerial photo of site
Admitted
Complainants’ Exhibit #1 Photo of complainants’ house
Admitted
Complainants’ Exhibit #2 Photo of sound wall
Admitted
Complainants’ Exhibit #3 Photo from complainants’ yard
Admitted
Complainants’ Exhibit #4 Two photos: view of noise wall and view
from complainants’ road
Admitted
Complainants’ Exhibit #5 Photo of noise wall
Admitted
Complainants’ Exhibit #6 Two views of tollway taken with telephoto
lens (items appear larger than they actually
were from point of photographer)
Admitted
Complainants’ Exhibit #7 Photo of plaza
Admitted
Complainants’ Exhibit #8 Respondent’s Traffic Noise Policy
brochure
Admitted
Complainants’ Exhibit #9 Personal notes of witness Anderson
Not moved
Complainants’ Exhibit #10 Personal notes of witness Anderson
Not moved
Complainants’ Exhibit #11 Average daily traffic reports
Admitted
Complainants’ Exhibit #12 Log of complaints made to respondent
Admitted
Complainants’ Exhibit #13 Respondent’s 2005 budget
Admitted
Complainants’ Exhibit #14 Contract
Admitted
Complainants’ Exhibit #15 Intergovernmental agreement between
IDOT, the Village of Hodgkins, and
respondent
Admitted
Complainants’ Exhibit #16 Furnish noise abatement wall document Admitted
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Complainants’ Exhibit #17 Recommended final barrier heights and
locations for northbound I-294
Admitted
Complainants’ Exhibit #18 Witness Zak’s noise study. Pages 3-8
admitted; pages 1-2 not admitted due to
lack of disclosure in discovery.
Complainants made an offer of proof for
pages 1-2.
Partially
admitted
Complainants’ Exhibit #19 Videotape not admitted due to lack of
disclosure in discovery. Complainants
made an offer of proof.
Not admitted
Respondent’s Exhibit #1 Complainants’ contract for deed and 1995
appraisal
Admitted
Respondent’s Exhibit #2 Appraisal of complainants’ property-
original
Admitted
Respondent’s Exhibit #3 Appraisal of complainants’ property-
updated
Admitted
Respondent’s Exhibit #4 Statutory language from Toll Highway Act
Admitted
Respondent’s Exhibit #5 Respondent’s guideline for siting barriers
of tollway traffic generated noise
Admitted
Respondent’s Exhibit #6 Respondent’s draft guideline for siting
barriers of tollway traffic generated noise
Admitted
Respondent’s Exhibit #7 Federal noise policy
Admitted
Respondent’s Exhibit #8 Versar report
Respondent’s Exhibit #9 Tri-State Tollway Noise Monitor and
Model Prediction Results
Admitted
Respondent’s Exhibit #10 Noise monitoring data
Admitted
Respondent’s Exhibit #11 Photo of noise wall and drainage ditch
Admitted
Respondent’s Exhibit #12 Photo of noise wall and drainage ditch
Admitted
Respondent’s Exhibit #13 Photo of noise wall and drainage ditch
Admitted
Respondent’s Exhibit #14 Final pay estimate dated 2/7/95 for noise
abatement wall
Admitted
Respondent’s Exhibit #15 Draft summary of the noise wall evaluation
Admitted
Respondent’s Exhibit #16 IPCB noise regulations
Admitted
Respondent’s Exhibit #17 IPCB noise regulations
Admitted
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Respondent’s Exhibit #18 Noise study by CTE Engineers
Admitted
CERTIFICATE OF SERVICE
It is hereby certified that true copies of the foregoing order were mailed, first
class, on December 7, 2005, to each of the persons on the attached service list.
It is hereby certified that a true copy of the foregoing order was hand delivered to
the following on December 7, 2005:
Dorothy M. Gunn
Illinois Pollution Control Board
James R. Thompson Center
100 W. Randolph St., Ste. 11-500
Chicago, Illinois 60601
Carol Webb
Hearing Officer
Illinois Pollution Control Board
1021 North Grand Avenue East
P.O. Box 19274
Springfield, Illinois 62794-9274
217/524-8509
webbc@ipcb.state.il.us
PCB 2004-036
Michael A. and Darla G. Petrosius
7335 Maridon Road
LaGrange, IL 60525
PCB 2004-036
The Illinois State Toll Highway
Authority
2700 Ogden Avenue
Downers Grove, IL 60515
PCB 2004-036
Victor f. Azar, Ext 1540
The Illinois State Toll Highway
Authority
2700 Ogden Avenue
Downers Grove, IL 60515
PCB 2004-036
Scott Dworschak
Perkaus & Farley, LLC
1343 North Wells
Suite 100
Chicago, IL 60610
