BEFORE
THE
ILLINOIS
POLLUTiON
CONTROL
BOARD
IN
THE
MATTER
OF:
)
SEP
2
4
)
2008
JOSEPH
&
VICTORIA
MORRISSEY,
)
OF
ILLINOIS
ntrol
Board
Complainants,
)
)
v.
)
PCB
09-10
)
GEOFF
PAHIOS
and
ALPINE
)
AUTOMOTIVE,
)
)
Respondents.
)
NOTICE
OF
FILING
To:
Joseph
&
Victoria
Morrissey
Illinois
Pollution
Control
Board
32
S.
Chestnut
Court
James
R.
Thompson
Center,
#11-500
Hawthorn
Woods,
Illinois
60047
100
W.
Randolph
St.
Chicago,
Illinois
60601
PLEASE
TAKE
NOTICE
that
on
September
24,
2008,
the
undersigned
filed
with
the
Clerk
of
the
State
of
Illinois
Pollution
Control
Board,
James
R.
Thompson
Center,
100
W.
Randolph
St.,
Suite
11-500,
Chicago,
Illinois
60601,
the
Respondent’s
Answer
to
the
Formal
Complaint,
a
copy
of
which
is
attached
hereto
and
hereby
served
upon
you.
)
A
//
Paul
3.
Oleksak
Attorney
At
Law
100
Atkinson
Road,
Suite
11
OF
Grayslake,
Illinois
60030
(847)
543-9000
Attorney
Number
Bruce
A.
Slivnick
Attorney
At
Law
707
Lake
Cook
Road,
Suite
316
Deerfield,
Illinois
60015
(847)
714-0503
Attorney
Number
6181410
Certificate
of
Service
Bruce
A.
Slivnick,
an
attorney
hereby
certify
that
I
served
this
Notice
and
Answer
to
each
person
to whom it
is directed
by
depositing
the
same
in
the
Regular
First
Class
U.S.
Mail
from
Deerfield,
Illinois
60015
prior
to
5:00
p.m.
on
September
24,
2008.
BRUCE
A.
SLIVNICK
Attorney
at
Law
707
Loke
Cook
Road,
Suite
316
Deerfield,
Illinois
60015
Bruce
A.
Slivnick
Of
Counsel
Telephone:
(847)
714-0503
Todd
A.
Heller
Facsimile:
(847)
714-0504
Andrea).
Beer
Email:
bruce@thellerlaw.com
CLERK’S
OFFICE
Yano
Margolin
September
24.
2008
SEP
2
‘t
2008
STATE
OF
ILLINOIS
Mr.
Bradley
P.
Halloran.
Hearing
Officer
pollution
Control
Board
Illinois
Pollution
Control
Board
James
R.
Thompson
Center,
#11-500
100
W.
Randolph
St.
Chicago.
Illinois
60601
Re:
In
the Matter
of
Morrissey
and
Alpine
Automotive.
PCB
09-10
Dear
Mr.
Halloran:
This
letter should
serve
as
my
appearance
on
behalf
of
the
Respondents
in
this
matter.
My
address
is
as
set
forth above.
Thank
you
for
your
cooperation
in
this
matter.
Very
truly
yours.
Bruce
A.
Slivnick
BEFORE
THE
ILLINOIS
POLLUTION
CONTROL
BOARD
CLERK’S
OFFICE
IN
THE
MATTER
OF:
)
SEP
2
42008
JOSEPH
&
VICTORiA
MORRISSEY,
))
Pollution
STATE
OF
Control
IWNOIS
Board
)
Complainants,
)
)
v.
)
PCB
09-10
)
GEOFF
PAHIOS
and
ALPINE
)
AUTOMOTIVE,
)
)
Respondents.
)
ANSWER
TO
FORMAL
COMPLAINT
NOW
COMES the
Respondents,
GEOFF
PAHIOS
and
ALPINE
AUTOMOTIVE,
INC.
improperly
noted
as
ALPINE
AUTOMOTIVE,
by
and
through
their
attorneys,
Paul
J. Oleksak
and
Bruce
A. Slivnick
and
as
and
for
its
Answer
to the
Complainant’s
Formal
Complaint
state
as
follows:
1. ANSWER:
The
Respondents
lacks
sufficient
knowledge
of
the
allegations
of
Paragraph
1
of the
Formal
Complaint
and
therefore
neither
admits
nor
denies
the
same,
but
demands
strict
proof
thereof.
2.
ANSWER:
There
are
no
allegations
in
Paragraph
2
therefore
no
responsive
pleading
is
required.
3.
ANSWER:
The
Respondents
admit
only
that
Alpine
Automotive,
Inc.
operates
a
business
at
1320
Ensell Road,
Lake
Zurich, Illinois
60047 with
a telephone
number
of
(847)
438-
7770
and
that
Geoff Pahios
is
the
President of
Alpine
Automotive,
Inc.
and
is
a shareholder
in
said
corporation.
The
Respondents
deny
the
remainder
of
the
allegations
of
Paragraph
3
of
the
Formal
Complaint.
4.
ANSWER:
The
Respondents
admit
only
that
they
operate
an
automotive
and
truck
repair
facility that
operates
from
7:00
a.m.
through
5:00
p.m.
on
Monday
through
Friday
with
very
little
work
being
done
between
7:00
a.m.
and
9:00
a.m.
The
Respondents
further
admit
only
that
Alpine
Automotive,
Inc.
does
towing
on
an
on-call
basis
at night
and
obtained
a special
use
permit
to
operate
all
aspects
of
the
business
from
the
Village
of
Lake
Zurich.
The
Respondents
deny
the
remainder
of
the
allegations
of
Paragraph
4
of
the
Formal
Complaint.
5.
ANSWER:
The
Respondents
deny
that
they
have
violated
any
of
the
statutes
or
administrative
regulations
set
forth
in
Paragraph
5 of
the
Formal
Complaint
and
further
deny
that
they
have
violated
any
orders
of
the
Illinois
Pollution
Control
Board.
6.
ANSWER:
The
Respondents
admit
only
that
the
Complaint
makes
allegations
of
noise
pollution.
The
Respondents
specifically
deny
the
remaining
allegations
of
Paragraph
6
and
each
and
every
subdivision
of Paragraph
6
of
the
Formal
Complaint.
The
Respondents
further
affirmatively
state
that
with
respect
to Subdivision
1
of
Paragraph
6 that
in a
meeting
facilitated
by
the
Village
of Lake
Zurich, the
Complainants
agreed
that
vehicles
brought
in
after
10:00
p.m.
that
are
able
to move
under
their
own
power
are
to
be
dropped
off
on the
west
side
of
the
building
and
then
moved
to
the
rear
lot.
7.
The
Respondents
admit
only
that
the
business
has
been
located
at
the
present
location
since
July
1,
2007
and
that
Alpine
Automotive,
Inc.
operates
an
automobile
and
truck
repair
facility
that
has
a ventilation
fan
that
is
necessary for
the
safety of its
employees,
and
that
towing
is
done
on
an
on-call basis.
The
Respondents
specifically
deny
the
remaining
allegations
of
2
Paragraph
7
and
each
and every
subdivision
of
Paragraph
7 of
the
Formal
Complaint
and
specifically
that
Alpine Automotive
Inc.’s
operations
violate
any statutory
provisions
of
the
State
of
Illinois
and/or
administrative
regulations
or
orders
of
the
Illinois
Pollution
Control
Board.
8.
The
Respondents
deny
each
and
every
allegation
of
Paragraph
8
of
the
Formal
Complaint.
9.
The
Respondents
deny
that
the
Complainants
are
entitled
to
any of
the
relief
requested
in
Paragraph
9 of
the
Formal
Complaint.
10.
The Respondents
admit
that
there
are
no
identical
or
substantially
similar
cases
pending
either
before
the
Illinois
Pollution
Control
Board or
any
similar
forum
against
them
for
the
same
alleged
pollution.
11.
The
Respondents
admit
that
Joseph
and Victoria
Morrisey
are
representing
themselves
in
this
matter.
The
Respondents
further
state
that
they
are
being
represented
by
attorneys,
Paul
J.
Oleksak
and
Bruce
A.
Slivnick
both
of
whom
are
licensed
to
practice
law
in
the
State
of
Illinois.
WHEREFORE,
the
Respondents,
GEOFF
PAHIOS
and
ALPINE
AUTOMOTiVE,
respectfully
prays
that this
Honorable
Pollution
Control
Board
deny
the relief
sought
in
the
Complainants’
Formal
Complaint,
dismiss
the
Formal
Complaint
with
prejudice,
and
for
any
and
such other
further
relief
that this
Board
deems
just
and
appropriate
under
the
circumstances.
FIRST AFFIRMATIVE
DEFENSE
1.
The industrial
park
at
which
the
Respondents
business
was
located
has
been in
that
present
location
and operating
for
more
than thirty
(30)
years and
the
Complainants
had
their
house
built
approximately
ten
(10) years
ago. As
such,
the
Complainants
have
“come
to
the
3
nuisance.”
and
should
not
be
heard
to
complain
of
noise
emanating
from
either
the
Respondent’s
or
other
locations
within
the industrial
park.
WHEREFORE,
the
Respondents,
GEOFF
PAHIOS
and
ALPINE
AUTOMOTIVE,
respectfully
prays
that
this
Honorable
Pollution
Control
Board
deny
the
relief
sought
in
the
Complainants’
Formal
Complaint,
dismiss
the
Formal
Complaint
with
prejudice,
and
for
any
and
such
other
further
relief
that
this
Board
deems
just
and
appropriate
under
the
circumstances.
Respectfully
submitted,
GEOFF
PAHIOS
and
ALPINE
AUTOMOTIVE,
INC.
7
By:______________
Attorneys
for
Respondent
Paul
J. Oleksak
Attorney
At
Law
100
Atkinson
Road,
Suite
I 1OF
Grayslake,
Illinois
60030
(847)
543-9000
Attorney
Number
Bruce
A.
Slivnick
Attorney
At
Law
707
Lake
Cook
Road,
Suite
316
Deerfield,
Illinois
60015
(847)
714-0503
Attorney
Number
6181410
4
Certification
I,
Geoff
Pahios,
on
oath
or
affirmation,
state
that
I have
read
the
foregoing
and
that
it
is
accurate
to the
best
of
my
knowledge.
Geoff
Pahios
Subscribed
to
and
Sworn
to
before
me
this2(fay
oft14iUO8.
NOTARY
PUI3LIC
OFFiGAL
SEAL
.
GOZK
NOTARY
PUBLIC,
STATE
OF
fLU4O!S
MY
COMMISSiON
EXPIRES
1O-21.2O9