State of Illinois
POLLUTION CONTROL BOARD
JAMES R . THOMPSON CENTER
100 W . RANDOLPH STREET, SUITE 11-500
CHICAGO, ILLINOIS 60601
FORMAL COMPLAINT
BEFORE THE
ILLINOIS POLLUTION CONTROL BOARD
_Kyle Llash_
)
(Insert your name(s) on lines
)
above).
)
Complainant(s),
PCB
(For Board use)
Karen Sokolowski )
(Insert name(s) of alleged polluter(s)
)
on lines above),
)
Respondent(s) .
)
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 he completed
. If
there is insufficient space to complete any item, you may attach additional sheets, specifying
the number of the 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 .
RECEIVEDCLERK'S
OFFICE
MAR 2 0 2007
Pollution
STATE OF
Control
ILLINOISBoard
Your name, street address,
county,
Kyle Nashstate
:
_
2.
Place where you can be
contacted during normal
business hours (if different
from above) :
3.
Name and address of respondent Karen
Sokolowski
(alleged polluter)
:
1634 W
. 33rd Place
Chicago, Illinois
60608-6202
Phone: 773.8903838
(if known)
4.
Describe the type of business 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 than the address above
:
Residential wind chimes
.
1630 W 33rd Place, C:hicagn
Cook County
PhoneIllinois
:
773_.7441954 _
Phone:
5.
List specific sections of the Environmental Protection Act, Board regulations, Board
order, or permit that you allege have been or are being violated :
TITLE VI. NOISE
4ection 24. Acts Prohibited
No person shall emit beyond the boundaries of
hisproperty any noise that unreasonably
interferes with the enjoyment of life or withany lawful business or activity,
so as to violate any regulations or standard adopted by the Board under this A
ct__
6.
Describe the type of pollution that you allege (e.g., air, odor. noise, water, sewer
back-ups
. hazardous waste) and the location of the alleged pollution . Be as specific
as you reasonably can in describing the alleged pollution :
Wind chimes . They have been variably placed on the front porch and in the back yard.
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 of the year, dates, and times
of day i f known):
As best I can recall, the wind chimes first became audible in the spring of 2006 . They
then remained up 24/7 until shortly before the winter holidays of 2006
. They were put
back up again 24/7 in late February - early March 2007 . A second wind chime was put
up 24/7 in their back yard in mid-March, 2007. Both remain there today .
Whenever there is any kind of breeze noise can be heard
. At those times, the noise can
be heard incessantly 24 hours a day often for days and days at a time
. There may then
be a break of a day or so when there is no breeze but soon the noise begins all over
again. Yes, the noise does continue .
8.
Describe ?ry bad effects that you believe the =!llehed pcalu
:ion has or has had Oil
human health, nil plant or animal life, on the environment, on the enjoyment of life or
property, or on any lnw9'l business or activity
:
The negative effects my two sons and 1 experience include, but are not limited
to: pain and hearing fatigue ; exacerbated hearing
impairment problems including tinnitus
; annoyance and interference with regular social behavior (e.g ., increased irritation, agitation,
anxiety, frustration, and helplessness)
; interference with speech communication ; sleep disturbance and the attendant consequences
of that on both long and short term bases
; cardiovascular effects including heart palpitations and higher blood pressure ; gastric,
digestive, and nutrition problems, negative hormonal responses (i .e
., increased stress hormones) and their consequences on
metabolism and the immune system (e .g . headaches, nausea, increased illness)
; cognitive problems including loss of concentration
and memory difficulties ; increased sense of alienation and hopelessness
; and decreased performance and loss of productivity at work
and school
. (My older son and I work out of our home ; my younger son is a college student who studies at home .)
My sons and I have experienced a marked loss of enjoyment of our lives and enjoyment of our property . As a result of this noise
pollution, we often don't want to come home anymore, we don't like being in our home when we are there, and we don't any longer
enjoy the neighborhood we've lived in and loved for almost 20 years now
.
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)) :
,spondent stop polluting--
10.
Identify any identical or substantially similar case you know of that 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) :
I have no knowled e of a
entical or similar cases as described above.
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 of local 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 renresentin
m self as an individual . I am not an attorney.
12 .
(Complaman 's signal re)
CERTIFICATION (optional but encouraged)
1, Kyle
Nash
on oath
or affirmation, state that I have read the foregoing and that it is accurate to the best of my
knowledge .
(Compl~COmpai n
sssignature)ignamren 's
Subscribed to and sworn before me
this
4{\
day
of
q
,20D~
a
My commission expires : ~-/
1-
"OFICIAL
SEAL"
Lourdes Izaguirre
Notary Pub,.,
State of Illinois
My Commission Exp. 08/14/2009
Street
CERTIFICATE OF SERVICE
I, the undersigned, on oath or affirmation, state that on (month, day, year)
March 75, 7.007 7. 30 PM
,
I served the attached formal complaint and notice on
the respondent by: (check appropriate line)
certified 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 Karen
Sokolowski
1634 W. 33rd Place
City,
(list
state,
each respondent's
zip code name
Chi ca
and
o,
address
Illinois
if
60608-6202multiple
respondents)
Complainaig~nature'
wU \
Street 1630 W. 33rd Place
City, state, zip code
Subscribed
and sworn before me
this ;2,0 day
of /i'~'~~
,2007
Notary P
My commission expires : y C7
,' Illinois 60608-6202
NOTARY
MYMARTINA
COMMISSIONPUBLIC,
VILLANUEVASTATE
EXPIRESOF
ILLINOIS4.9-2C^'
Sincerely .
Kyle Nash
Homeowner
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