BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
YORK HIGH NEIGHBORHOOD
COMMITTEE (a voluntary organization)
Janet and Fred Hodge, Patricia and David
Bennett, Sheila and Mike Trant, Joe Vosicky,
Jean and Peter Conroy, Frank Soldano,
Joseph Reamer, Elizabeth and Charles
Laliberte
Complainants
And
ELMHURST PUBLIC SCHOOLS,
DISTRICT 205
Respondents
NOTICE OF FILING AND REQUEST FOR RELIEF FROM
HEARING REQUIREMENT
The Complainants and Respondent in this matter hereby file the attached proposed
Stipulation and Settlement Agreement and respectfully request relief from the hearing
requirement of Section 31(c)(1) of the Environmental Protection Act, 415 ILCS 5/3 1
(c)(1),
and
that the Pollution Control Board accept the attached Stipulation and Settlement Agreement
.
Respectfully submitted,
[SIGNATURE PAGE FOLLOWS]
CHICAGO/N1611255 .1
Case PCB 05-93
(Citizen's Enforcement-Noise)
RERKarv
MAR 19 2007
PollutionSTATE
OF
Control
ILLINOISBoard
Dated: February 27, 2007
YOR HIGH NEIGHBORHOOD
ELMHURST PUBLIC SCHOOL
EE
DISTRICT 20
By:
Thomas J . Posey
Franczek Sullivan PC
V7
9fJA
300 South Wacker Drive, Suite 3400
J~dseph V sicky, Pro Se
Chicago, IL 60606-6785
Patricia Bennett
Joseph Reamer
Frank Soldano
Sheila Trant
Mike Trant
Janet Hodge
Fred Hodge
Jean Conroy
Peter Conroy
Elizabeth Lalibertc
Charles Laliberte
CtIICAG01I 1611255 .1
YORK HIGH NEIGHBORHOOD
COMMITTEE (a voluntary organization)
Janet and Fred Hodge, Patricia and David
Bennett, Sheila and Mike Trant, Joe Vosicky,
Jean and Peter Conroy, Frank Soldano,
Joseph Reamer, Elizabeth and Charles
Laliberte
Complainants
And
ELMHURST PUBLIC SCHOOLS,
DISTRICT 205
Respondents
STIPULATION AND SETTLEMENT AGREEMENT
This Agreement entered into between the Complainants, York High Neighborhood
Committee, Janet and Fred Hodge, Patricia and David Bennett, Sheila and Mike Trant, Joe
Vosicky, Jean and Peter Conroy, Frank Soldano, Joseph Reamer, Elizabeth and Charles Laliberte
(collectively "Complainants"), and the Respondent, Elmhurst Public Schools, District 205 (the
"District"), in order to compromise, settle and resolve all disputes and differences relating to the
Complainants' Formal Complaint against the District that was filed before the Illinois Pollution
Control Board as Case No . PCB 2005-093 (the "Complaint") ;
WHEREAS, the District owns and operates the York Community High School ("York")
located at 355 W . St
. Charles Road, Elmhurst, IL 60126 ;
WHEREAS, Complainants claim that the chiller and cooling tower components of the air
conditioning system (the "Chillers") located on the roof of the academic building on the West
side of the York property emits sounds that exceed the applicable limits established by the
Illinois Environmental Protection Agency ;
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
Case PCB 05-93
(Citizen's Enforcement-Noise)
REEIVI
ED
MAR 19 2007
Pollution
STATE OF
Control
ILLINOIS
Board
CHICAGO/H1545445.5
WHEREAS, the District has installed new and different fan blades and motors in the
Chillers in an attempt to resolve these issues ; and
WHEREAS, the parties have agreed to compromise and settle any and all disputes or
causes of action based in whole or in part upon events occurring to the present date related to that
claim, including, but not limited to, all allegations raised in the Complaint, in order to
avoid the
potential expense and inconvenience of further proceedings ;
WHEREFORE, in consideration of the covenants contained herein, the Complainants and
the District agree as follows:
1 .
Operation of the Chillers . The District will operate the Chillers at York as
follows:
a.
The District is currently operating the Chillers in a manner that conforms
with the Daytime Limits for noise emissions outlined in 35 Ill . Admin.
Code § 900 .101, et seq.
The District will continue to operate the Chillers
in compliance with those provisions of the Code
;
b.
Subject to the exceptions contained in Paragraphs (c) and (d) below, the
District will not operate the Chillers between the hours of Ten O'clock
p.m. (10:00 p.m.) and Seven O'clock a.m. (7:00 a.m.) (the "Prohibited
Hours").
c.
In the event that the District implements modifications to the Chillers
and/or the area surrounding the Chillers that result in the Chillers coming
into compliance with the Nighttime Limits for noise emissions outlined in
35 Ill. Admin. Code § 900.101, et seq., it is understood that this
2
CHICAGO/#1545445 .5
CHICAGO/#1545445 .5
Agreement will no longer limit the District's right to operate the Chillers
during the Prohibited Hours; and
d.
In the absence of such modifications, the District shall be permitted to
operate the Chillers during the Prohibited Hours :
(1) Where doing so is necessitated by the occurrence of a special
event outside of the regularly scheduled academic day at York
relating to the education of District 205's students (including
graduation ceremonies and District 205 student athletic and social
events) so long as the District provides Complainants' designated
representative with at least seventy-two (72) hours notice that
such operation will occur. It is understood by the parties that
such events are expected to occur infrequently
; and
(2)
Where doing so is necessary: in response to an emergency
situation in order to protect the health and safety of the occupants
of York High School and/or to preserve the physical integrity of
the York facility where no feasible alternative to nighttime
operation is reasonably available . In the event of such operation,
the District will provide notice to Complainants' designated
representative as soon as is practicable, and will cease that
operation upon the earlier of the emergency subsiding or a
feasible alternative being implemented . It is understood that such
emergency situations shall not last more than forty-eight (48)
hours except in cases where a state of emergency has been
3
declared by a public body
. In the event that an emergency
situation requiring operation of the Chillers does last longer than
forty-eight (48) hours and a state of emergency has not been
declared, the District will
provide notice to Complainants'
designated representative as
to the need for continued operation
as soon as is practicable, and shall cease such operation as soon
as
reasonably possible .
2.
Time Records of Operation
. The District shall provide Complainants with
copies of the time records of operation that are automatically generated by the
York facility's
computerized climate control system that record the dates and hours of operation of the
Chillers
in a format that clearly indicates the dates and times of the system's operation . These time
records of operation will be provided to Complainants' designated representative within the
first
five days of the calendar month subsequent to the Effective Date of this Agreement.
3 .
Designated Representatives .
The Complainants' designated representative for
the purposes of this Agreement is Fred Hodge, 435 Elm Park Avenue, Elmhurst, Illinois
60126,
(630) 279-9643,
fnh435@aol .com
. The Complainants may change the designated representative
by written notice to the District
. The District's designated representative for the purposes
of this
Agreement is Dr. Lynn Krizic, Superintendent, 130 W
. Madison Street, Elmhurst, Illinois 60126,
(630) 617-2305 .
4
.
Enforcement of Agreement .
This Agreement shall be filed with the Illinois
Pollution Control Board as soon as
practicable after execution .
In the event that Complainants
believe that a breach of this Agreement has occurred, Complainants will notify the District of the
alleged breach in writing, specifying the nature of the alleged breach and the date and time that it
4
CHICAGO/# 1545445 .5
allegedly occurred
. The District will respond to Complainants' allegations in writing within
three (3) business days and will subsequently meet with Complainants at a mutually agreeable
date and time to discuss Complainants' allegations.
It is understood that if these written
exchanges and meetings do not suffice to resolve any dispute surrounding the alleged breach,
Complainants may pursue an appropriate action to enforce the Agreement in the courts of the
State of Illinois.
5.
Warranty/Covenant Not to Assert Claims .
Complainants warrant that, other
than the Complaint, they have no claims pending against the District with any court,
governmental or administrative
agency. Nothing in this Agreement shall prevent the
Complainants from reinstituting a proper proceeding, or otherwise seeking relief from the
Illinois
Pollution Control Board or the courts, in the event that in the future York's
noise emissions
exceed Illinois Environmental Protection Agency limits with respect to the Chillers that were the
subject of this dispute .
6.
Term of Agreement
. This Agreement shall remain in effect for a period of three
(3) years after the Effective Date (the "Initial Term")
. Following the expiration of the Initial
Term, the Agreement will automatically renew for a period of one (1) year (the "Renewal
Period") unless one of the parties gives the other party's designated representative written notice
of intent not to renew at least ninety (90) days before the expiration of the Initial Term
. If the
Agreement enters into a Renewal Period, it will automatically renew annually for a period of one
(1) year at the end of each Renewal Period, and shall continue to renew for successive one (1)
year Renewal Periods, unless one of the parties gives the other party's designated representative
written notice of its intent not to renew at least ninety (90) days before the expiration of the
then
applicable Renewal Period .
5
CHICAGO/#1545445 .5
7.
NoAdmission .
The parties mutually understand and agree that this Agreement
does not constitute any admission of fault, responsibility or liability on the part of the District
.
Further, this Agreement is entered into solely for the purpose of compromise and in an effort
to
resolve the Complaint
. This Agreement shall not be admissible in any proceeding as evidence
of
any violation of any law, statute or regulation, except as necessary to enforce the terms
of this
Agreement.
8.
Entire Agreement.
The terms of this Agreement constitute the entire Agreement
between the parties, and this Agreement supersedes any prior agreement executed between
the
parties to the extent that the prior agreement is inconsistent with this Agreement
.
9.
Severability .
The parties acknowledge and agree that the provisions of this
Agreement shall be deemed severable and the invalidity or unenforceability
of any provision
shall not affect the validity and enforceability of other provisions herein
. If any provision of this
Agreement is deemed unenforceable for any reason whatsoever, such provision shall be
appropriately limited and given effect to the extent that it may be enforceable, and all other
provisions of this Agreement shall remain fully enforceable
.
10. Governing Law.
The parties agree and acknowledge that this Agreement is to be
executed in the State of Illinois and shall be interpreted, construed and enforced under the
laws
of the State of Illinois
.
11 .
Counterparts .
This Agreement may be executed in counterparts by the parties
.
6
CHICAGO/#1545445 .5
12.
Effective Date. This Agreement shall be effective on the date it is signed by the
last party hereto.
YORK HIGH NEIGHBORHOOD
COMMITTEE
~
~- LG.
1 . et Hodge
Dated: 2/c?
116
7
David E. Bennett
Dated:
Peter
(Conroy
,9 JAX,
Dated: i
CHICAGO/# 1545445 .5
I
7
ELMHURST PUBLIC SCHOOLS
DISTRICT 205
Superintendent
Dated:
Dated:
"7
Jean Cbnro
~~
Dated:
1 /o 1
Charles Laliberte
Dated: `52
i;
_
Dated:
a
a'07
Frank Soldano
Dated
: Z-13 - 0
1
Mik Trant
Sheila
DatedJoseph
: TrantF
. Vosicky~~
CHICAGO/f11545445 .5
Dated: g
- P-1-0
7
8
