R pectfully
submitted
Kyle
Pro Se
s
IN THE MATTER BEFORE THE
ILLINOIS POLLUTION CONTROL BOARD
KYLE NASH,
Complainant,
V.
LOUIS JIMENEZ,
Respondent,
PCB 07-97
(Citizens Enforcement Noise)
NOTICE
To:
?
Clerk
Illinois Pollution Control Board
100 West Randolph Street
Suite 11-500
Chicago,
Illinois
60601
Bradley
P. Halloran
Hearing Officer
James R. Thompson Center,
Suite 11-500
100 West Randolph Street
Chicago, Illinois 60601
PLEASE TAKE NOTICE that I have today filed with the Office of the Clerk of
the Illinois Pollution Control Board an
AMENDED
MOTION FOR SUMMARY JUDGEMENT and
AFFIDAVIT OF SERVICE ,
a copy of which is herewith served upon the assigned?
-
Hearing Officer and the
Respondent.
Dated:
July 29, 2008
1630 W. 33rd Place
Chicago, Illinois 60608-6202
773.744.1954
COMPLAINANT'S MOTION FOR SUMMARY JUDGMENT AS A MATTER OF LAW
Complainant, Kyle Nash, pro se requests that this Board rule, based upon the undisputed facts that Re-
spondent made no filing to dispute any claims made by the Complainant within the first sixty (60)
days following documented service to Respondent and 2) no Motion of Leave to File an Answer nor any
Answer to the Complaint were on file as of the September 20, 2007, phone status hearing. Respondent
stated on August 9, 2007, in the status hearing that she would be submitting a leter to the IPCB
post haste. Were I not acting pro se and therefore understood that I could at that point have done
so, I would have filed a Motion for Summary Judgment as a Matter of Law on post-service day #61. It
would have been submitted soon after the August 9, 2007, status hearing had I not been waiting for ser-
vice from the Respondent and then been hospitalized for a number of weeks.
Writing my motions pro se led to an error which required me to submit an amended motion within 30 days
of the Board's ruling. I did that within the time alloted. I am now filing this Amended Motion for Summary Judgement.
STATEMENT OF FACTS RELEVANT TO THIS MOTION
Describe the type of pollution that you allege and the location of the alleged pollution.
Describe the duration and frequency of the alleged pollution.
Wind chimes. They have been variably placed on the front porch and in the back yard.
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.
The second (backyard) windchime was
removed several weeks after the Respondent was served. The Respondent removed the front porch
chime after the initial status hearing on August 9, 2007, indicating that she would be sending a letter
to the IPCB post haste. As of the September 20, 2007, status hearing
no Motion of Leave to
File an Answer nor any Answer to the Complaint were on file nor
had I been served in any way.
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.
I wrote a number of letters respectfully requesting that the Respondent stop polluting
and also requested that the Center for Conflict Resolution (CCR) contact Respondent
so that we could avail ourselves of their free mediation services. CCR tried to contact the
Respondent three (3) times. The Respondent did not reply.
Describe
any bad effects that you believe the alleged pollution 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 lawful business or activity:
The negative effects my two sons and 1 expenence 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.
Page 2
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LEGAL DISCUSSION
List specific sections of
the En‘rironmental
Protection Act, Board regulations. Board
order, or permit that you allege have been or arc being violated:
TITLE VI. NOISE
Section 24. Acts Prohibited.
No person shall emit 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 b
y
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, as
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.
I am seeking an order that the respondent stop polluting.
o plainant's signature)
ATTACHMENTS
/
ENCLOSURES
NOTE: Please use the attachments submitted with original Motion for Summary Judgement
I. Letter from The Center for Conflict Resolution regarding their failure to
g
et a response from the Respondent.
2. One (1) CD for both PC and Mac which includes:
A.
Two (2) .jpg photographs of the windchimes. 'They may look small but they are extremely noisy.)
B.
One (1) .mp3 audio file of the combined chiming created by the Respondents' windchimes. (1 filed simul-
taneous complaints against both of my neighbors who live on either side of my home at a distance of only about
six (6) feet on either side.) This recording was made on a mini hand recorder
without amplification
in the summer
of 2007 while standing in my living room. I cannot afford air-conditioning, so the windows were wide open.
During the winter months when my windows are closed, they chime with the exact same clarity but simply somewhat
muted. They can be distinctly heard in many rooms on both the first and second floors of my home.
CERTIFICATION
?
Kyle Nash ?
,
on oath
or
affirmation, state that I have read the foregoing and that it is
accurate to
the best of my
kn wledge.
(Complai ant's signature)
Notary Public
My commission expires:
.=::7-7/0
"OFFICIAL SEAL"
MARIA E. GRANADO
Notary Public, State of Illinois
My Commission Expires Fob. 10
) 2010
Page 3
and sworn before me
day
.20 or
Notary Publi
My commission expires:
—7
"OFFICIAL SEAL"
MARIA E. GRANADO
Notary Public, State of Illinois
y Commission Expires Feb. 10, 2010
CERTIFICATE OF SERVICE
I, the undersigned, on oath or affitination, state that on (month, day, year)
July 28, 2008
,
I served the attached notice and
AMENDED
motion for summary judgement
to the respondent by:
certified
mail (attach copy of receipt if available, otherwise ou must
file receipt later with Clerk)
(,
J1/4
S" "PC.-
e:3
a-crt
registered mail (attach copy of reclipt 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)
K
er:...ciCi
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personal service (attach affidavit if available, otherwise you I
must file affidavit later with Clerk)
e
to the address below:
RESPONDENT'S ADDRESS:
Name Louis
Jimenez
Street
1628
W. 33rd Place
City, state, zip code
Chicago
Illinois 60608-6202
(list each respondent's name and ad ress if multiple resp
ents)
Complainant sture
Street 1630 W. 33rd Place
City, state, zip code Chicago, Illinois 60608-6202