SEASONS.
HOSPICE &
PAI IIAIIVF AR]
State of Illinois
POLLUTION CONTROL. BOARD
JAMES R.
TDOMPSON CENTER
100 W. RANDOLPH STREET, SUITE 11-500
CHICAGO, ILLINOIS 60601
RECEIVED
CLERK'S
OFFICE
MAR 0 7 2008
STATE OF
ILLINOIS
Pollution Control
Board
FORMAL COMPLAINT
BEFORE THE
ILLINOIS POLLUTION CONTROL BOARD
_Kyle_Nash
(Insert your name(s) on lines
above).
Complainant(s),
PCB
o1- R
(For Board use)
Karen Sokolowski
(Insert name(s) of alleged polluter(s)
on lines above),
Respondent(s).
Referrals
1-800-379-5105
•
OF,te
51D (69(CSi
4650
N. Port Washington Rd.,
PC
Nldwatikee
AO
VI 53212
-Cq
Your name, street address.
county,
Kyle
state:
Nash
1610 W 33rd Place
,
Chicago
Cook County
Phone:
111744 1954
Place where you can be
contacted during normal
business hours (if different
from above):
Phone:
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.
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
Section
No person
24
shall
Acts
emit
Prohibited.
beyond the
boundaries
of his property 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.
Section 900.102 Prohibition of Noise Pollution
No person shall cause or allow the emission of sound beyond the boundaries of his property, a:
property is defined in Section 25 of the Illinois Environmental Protection Act, so as to cause
noise pollution in Illinois, or so as to violate any provision of this Chapter.
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:
NOISE:
Source: Wind Chimes (metal)
Size: Several different wind chimes in sizes urging from twelve (12) to eighteen (18) inches.
Location: These windchimes have variably been hanging on the front porch and/or in the back
yard. The houses in our neighborhood, including both houses involved in this matter are only
about six (6) feet apart. These neighbors have air conditioning-their windows are closed all year.
As we cannot afford air conditioning, our windows are open 6 months out of 12. However, these
windchimes can be heard even when our windows are fully shut during the winter months.
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 if 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.
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. The windchimes remain up 365 days of the year.
Describe 9ry bad effects that you believe the alleged pcillution has or has had on
human health. on plant or animal life, on the environment, on the enjoyment of life or
property, or on any lawctil
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.
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 seeking
an
order that the respondent 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 knowledge of any identical or similar cases as described above.
except PCB 07-
96.
1 2
\I
lk
4
(Complaint 's signaturi
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.):
dimiepresenting myselfAsaninsthditlith I am not an atto Y.
CERTIFICATION (optional but encouraged)
Kyle Nash
on oath
or affirmation, state that I have read the foregoing and that it is accurate to the best of my
knowledge.
(Comp ainanl signa
Subsernto and sworn before me
this
day
o
20O$'
OFFICIAL SEAL
CARMEN PIERZCHALSKI
NOTARY PUBLIC - STATE
OF ILLINOIS
MY COMMISSION EXPIRES:08/19109
My
Arttiacommission
expires:
Notary Public
NOTICE TO RESPONDENT
NOTE: THIS STATEMENT MUST BE INCLUDED IN THE SERVICE OF THE
FORMAL COMPLAINT ON THE RESPONDENT
INFORMATION FOR RESPONDENT RECEIVING FORMAL COMPLAINT
Please take notice that today I tiled with the Clerk of the Illinois Pollution Control
Board (Board) a formal complaint, a copy of which is served on you along with this notice.
You may he required to attend a hearing on a date set by the Board.
Information about the formal complaint process before the Board is found in the
Environmental Protection Act (Act) (415 ILCS 5/I
el seq.)
and the Board's procedural rules
(35 III. Adm. Code 101 and 103). These can he accessed at the Board's Web site
(www.ipcb.state.il.us). The following is a summary of some of the most important points in
the Act
and the Board's procedural rules. It is provided for general informational purposes
only and does not constitute legal advice or substitute for the provisions of any statute, rule,
or regulation:
Board Accepting Formal Complaint for Hearing; Motions
The Board will not accept this formal complaint for hearing if the Board finds that it
is either "duplicative" or "frivolous" within the meaning of Section 31(d) of the Act (415
ILL'S
5/31(d)) and Section 101.202 of the Board's procedural rules (35 III. Adm. Code
101.202). "Duplicative" means that an identical or substantially similar case is already
pending before the Board or in court.
See
35 III. Adm. Code 103.212(a) and item 10 of the
formal complaint.
"Frivolous" means that the formal complaint seeks relief that the Board does not
have the authority to grant, or fails to state a cause of action upon which the Board can grant
relief. For example, the Board has the authority to order a respondent to stop polluting and
pay a civil penalty, to implement pollution abatement measures, or to perform a cleanup or
reimburse cleanup costs. The Board does not have the authority, however, to award attorney
fees to a citizen complainant.
See
35 Ill. Adm. Code 103.212(a) and items 5 and 9 of the
formal complaint.
If you believe that this formal complaint is duplicative or frivolous, you may file a
motion with the Board, within 30 days after the date you were served with the complaint,
requesting that the Board not accept the complaint for hearing. The motion must state the
facts supporting your belief that the complaint is duplicative or frivolous. Memoranda,
affidavits, and any other relevant documents may accompany the motion. If you need more
time than 30 days to file a motion alleging that the complaint is duplicative or frivolous, you
must file a motion for an extension of time within 30 days after service of the complaint.
A
motion for an extension of time must state why you need more time and the amount of
additional time you need. Timely tiling a motion alleging that the complaint is duplicative
or frivolous will stay the 60-day period for tiling an answer to the complaint.
See
35 III.
Adm. Code 103.204, 103.212(b).
All motions filed with the Board's Clerk must include an original, nine copies, and
proof of service on the other parties. Service may be made in person, by U.S. mail, or by
messenger service. Mail service is presumed complete four days after mailing.
See
35 III.
Adm. Code 101.300(c), 101.302, 101.304.
If you do not respond to the Board within 30 days after the date on which the
complaint was served on you. the Board may find that the complaint is not duplicative or
frivolous and accept the case for hearing. The Board will then assign a hearing officer who
will contact you to schedule times for telephone status conferences and for hearing.
See
35
III. Adm. Code 103.212(0.
Answer to Complaint
You have the ri ght
to file an answer to this formal complaint within 60 days after you
receive the complaint. If you timely file a motion alleging that the complaint is duplicative
or frivolous, or a motion to strike, dismiss, or challenge the sufficiency of the complaint,
then you may file an answer within 60 days after the Board rules on your motion.
See
35 III.
Actin. Code 101.506, 103.204(d), (e), 103.212(b).
The Board's procedural rules require the complainant to tell you as respondent that:
Failure to file
an answer to this
complaint within 60 days may have
severe consequences. Failure to answer will
mean that all allegations in
the complaint will be taken as if admitted for purposes of this
proceeding. If you have any
questions about this procedure. you should
contact the
hearing officer assigned to this proceeding, the Clerk's
Office or an attorney. 35 Ill.
Adm. Code 103.204(t).
Necessity of an Attorney
Under Illinois law, an association, citizens group, unit of local government, or
corporation must be represented before the Board by an attorney. In addition, an individual
who is not an attorney cannot represent another individual or other individuals before the
Board. However, even if an individual is not an attorney, he or she is allowed to represent
(1) himself or herself as an individual or (2) his or her unincorporated sole proprietorship.
See
35 III. Adm. Code 101.400(a). Such an individual may nevertheless wish to have an
attorney prepare an answer and any
Costs
In defending against this formal complaint, you are responsible for your attorney
fees, duplicating charges, travel expenses, witness fees, and any other costs that you or your
attorney may incur. The Board requires no filing fee to file your answer or any other
document with the Board. The Board will pay any hearing costs (e.g.. hearing room rental,
court reporting fees, hearing officer expenses).
If you have any questions, please contact the Clerk's Office at (3
12)
814-3629.
/if'
CERTIFICATE OF SERVICE
RECEIVEDCLERK'S
OFFICE
MAR 0 7 2008
STATE OF ILLINOIS
Pollution Control
Board
I, the undersigned, on oath or affirmation, state that on (month, day, year)
March 7
,
2008?
,
I served the attached formal complaint and notice on
the respondent by: (check appropriate line)
X certified mail (attach copy of receipt if available, otherwise you must
file receipt later with Clerk)
Copy of the receipt is attached.
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
Sokolow_ski
Street 1634
W
(list
City,
each
state,
respondent's
zip code name
Chicav
and address
twilsas_booa-6202
if multiple res
?
ents)
Complainant's stature
Street 1630 W. 33rd Place
City, state, zip code Chicago,
Illinois_ 60608-6202
Subscribed to and sworn before me
this t
rak
day
of Thia-4-64--
, 200
alavywASCait-f
Notary Public
OFFICIAL SEAL
CARMEN PIERZCHALSKI
__NOTARY-RIALIC-ErTATE-08-1a1NOPS`
MY COMMISSION EXPIRES 08/19/09
My commission expires:
For delivery information visit our website at www.uspe.com;i
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CNICACii IL 60608
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U.S. Postal Service ,-
CERTIFIED MAIL RECEIPT
(Domestic Mail Only; No Insurance Coverage Provided)
freet, Apt. No.,
4 ftCi-N1
SokA. ?
or PO Box No.
Sincerely, Kyle Nash
Homeowner
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