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
Nash _ .
)
(Insert your name(s) on lines
)
above).
)
Complainant(s),
)
PCB 61 A1
(For Board use)
Louis Jimenez )
(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 be 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.
RECEIVED
CLERK'S OFFICE
MAR 2 6 2007
STATE OF ILLINOIS
Pollution Control Board
Your name, street address,
Kyle Nash _-------
:
Place where you can be
contacted during normal
business hours (ildifferent
from above) :
Name and address of respondent Louis Jimenez
(alleged polluter) :
Chicago,
1628 W.
Illinois33rd
Place
Phone(if
known)
: 77360608-6202.847.3766
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 Chica•n
Cook County
Illinois
Phone :
773.744 .1954
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
:
_Seetion
TITLE VI24_.
Acts
NOISEProhibited
.
No person shall emit beyond the boundaries_of
hisproperty any
noise that unreasonably
interferes with the enjoyment of
life or with any lawful business or activity,
so
as to violate any regulations or standard
adopted by the Board under this Act
.
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
ofthe 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 if known):
Over the years, we have experienced any number of difficult 24/7 noise problems with
these neighbors
. The first documented incident was in 1997
.
As best I can recall, the initial set of wind chimes was audible on their front porch in
August of 2004
. At some point (I don't recall the date), that set of wind chimes was
moved 24/7 into their backyard
. Another set of wind chimes was then hung 24/7 on
their front porch.
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
ary
bad effects that you believe The ,llezetl prllu`.ion
has or h?s had oil
human health, on plant or animal life, on the environment, on the enjoyment of life or
property, or on any lawtil business or activity
:
The negative effects my two sons and I 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))
:
I am seekingan
order that the r
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 knowledge of any identical or similar cases as described above
.
if.
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 representing myself as an individual
. I_am not an attorney
.
12.
(Complauta
s
osignature)
. k&K,
CERTIFICATION (optional but encouraged)
I, Kyle
Nash
,
on oath
or affirmation, state that I have read the foregoing and that it is accurate to the best of my
knowledge
.
)1\
(Complaina
\~~
is signature)
~_
Subscribed to and sworn before me
this
day
of')'Y1/I
,2007.
My commission expires : 1(- /c/-V
"OFFICIAL SEAU'
Lourdes Izaguirre
Notary pubt
:;
-,rate
of Illinois
My Commission Exp
. 08/14/2009
CERTIFICATE OF SERVICE
1, the undersigned, on oath or affirmation, state that on (month, day, year)
March 25, 2007
9 :00 PM
,
I served the attached fonnal 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)
X 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 Louis
Jimenez
Street
Notary Public
My commission expires :
1679 W
. 33rd Place
City, state, zip code
Chicago. Illinois 60609-6202
Subscribed t~ ltd sworn before me
this
day
of /LY/
, 20p7
/~
Street
1630 W. 33rd Place
City, state, zip code
,' .
.o,
Illinois 60609-6707.
(list each respondent's name and address if multiple res rants)
MARTINA VILLANUEVA
NOTARY PUBLIC, STATE OF ILLINOIS
MY COMMISSION EXPIRES 4 .9.2007
Sincerely
.
Kyle Nash
Homeowner
[Click here and type your name]
[Click here and type job title]
