ILLINOIS POLLUTION CONTROL BOARD
    February 21, 2008
    KYLE NASH,
    Complainant,
    v.
    LOUIS JIMENEZ,
    Respondent.
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    PCB 07-97
    (Citizens Enforcement - Noise)
    ORDER OF THE BOARD (by N.J. Melas):
    This matter comes before the Board on complainant Kyle Nash’s (Nash) November 16,
    2007
    pro se
    motion for summary judgment in this citizen’s noise nuisance complaint.
    Respondent Louis Jimenez (Jimenez) has not filed a response.
    On March 26, 2007, Kyle Nash filed a complaint (Comp.) against Louis Jimenez.
    1
    Nash
    alleges that Jimenez violated the nuisance noise provision of Section 24 of the Environmental
    Protection Act (Act) (415 ILCS 5/24 (2006)). Nash further alleges the source of the allegedly
    offensive noise is the wind chimes on Jimenez’ front porch and back yard. The complaint
    concerns Nash’s property located at 1630 W. 33rd Place, Chicago, Cook County. The Jimenez
    property is located at 1628 W. 33rd Place, Chicago, Cook County.
    After review of the filings in this matter, the Board finds that it cannot consider Ms.
    Nash’s motion for summary judgment. As a threshold matter, the Board finds that the complaint
    as filed fails to state a claim on which relief can be granted. As recently as December 2007, the
    Board granted a motion to dismiss a similar case alleging, among other sorts of violations of the
    Act, violations of the nuisance noise provisions. In that case, the Board remarked that:
    “The appellate court has previously stated that Section 24 is not a general statutory
    prohibition.” Rulon v. Double D Gun Club
    , PCB 03-7, slip op. at 4 (Aug. 22, 2002),
    citing Shepard v. Northbrook Sports Club and the Village of Hainesville
    , 272 Ill. App
    3rd 764, 768, 651 N.E.2d 555, 558 (2nd Dist. 1995). Section 24 prohibits the
    emission of noise “
    so as to violate any regulation or standard adopted by the Board
    under this Act
    .” Shepard
    , 272 Ill. App. 3rd at 768, 651 N.E.2d at 558 (emphasis in
    original);
    see
    415 ILCS 5/24 (2006). “Section 24 is not a stand-alone provision, but a
    violation of certain Board noise regulations could result in a violation of Section 24.”
    1
    The Board also accepted for hearing another noisy wind chime complaint filed by Nash
    simultaneously with the filing of this one: Kyle Nash v. Karen Sokolowski, PCB 07-96 (July 26,
    2007). The Board directed the hearing officer to coordinate the management and hearing of
    these cases to the extent practicable. The Board is today also issuing an order in that case.
    2
    Rulon, PCB 03-7, slip op. at 4, citing Roti,
    et al
    . v. LTD Commodities, PCB 99-19,
    slip op. at 2 (Nov. 5, 1998).
    George R. Strunk v. Williamson Energy LLC (Pond
    Creek Mine #1), PCB 07-135, slip op. at 9-10 (Dec. 20, 2007).
    Consistent with prior case law, the Board will allow Ms. Nash an opportunity to amend
    her complaint.
    See, e.g.
    , George R. Strunk v. Williamson Energy LLC (Pond Creek Mine #1),
    PCB 07-135, slip op. at 9-10 (Sept. 20, 2007). The Board accordingly directs Ms. Nash to file an
    amended complaint complying fully with the Board’s procedural rules, including but not limited to
    those listed at 35 Ill. Adm. Code 103.204 and those pertaining to proof of service.
    But, if an
    amended complaint curing the noted deficiency is not filed within 30 days of the date of this
    order, this matter will be subject to dismissal.
    IT IS SO ORDERED.
    I, John T. Therriault, Assistant Clerk of the Illinois Pollution Control Board, certify that
    the Board adopted the above order on February 21, 2008, by a vote of 4-0
    ___________________________________
    John T. Therriault, Assistant Clerk
    Illinois Pollution Control Board

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