State of Illinois
Pollution
Control
Board
James R
. Thompson
Center
100 W. Randolph
Street, Suite 11-500
Chicago,
Illinois 60601
http://www.ipcb.state.il.us/
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
In The Matter Of:
v.
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PCB 20
09 - 10
(For Board use only)
Joseph & Victoria Morr
i
ssey
Complainant(s),
Geoff Pahios and Alpine Automotive, Inc
Respondent( s)
••
Written
Discovery
Request
Now comes Joseph and Victoria Morrissey, Complainants
, and asks that Respondent,
Alpine Automotive
, Inc. provide the following information and/or documents:
1.
Please provide a written timetable/log of all tow operations at Alpine
Automotive Inc. (hereby referred to as "AAI"), during the last twelve (12) month period.
2.
Please provide Complainants with a copy of the written or oral operating
instructions provided to employees or contractors of AAI with regards to procedure o
f unloading
tow vehicles
, including but not limited to: the location on the property where the vehicles are
being unloaded
, the length oftow truck idle time, guidelines regarding the use of hydraulics and
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Electronic Filing - Received, Clerk's Office, November 13, 2008
3.
Please provide Compla
inant with the average frequency with which vehicles are
moved from the lot outside to the inside the building via the rear bay doors and vice versa.
4
.
Please provide Complainants with a list of actions taken by the respondent to
reduce noise.
5.
Please provide Complainants with copies of any written or oral instructions that
were issued to employees on measures/actions to reduce noise.
6.
Please provide Complainants with a copy of any written or oral instructions given
to employees to comply with OSHA and NIOSH requirements pertaining to hearing loss or
hearing conservation. Also, please include any manufacturers recommendations
of equipment
used on premises to prevent hearing loss.
7.
Please identify what type and brand of hearing protection is required or
encouraged for employees.
8
.
Please provide copies of any written or oral warnings to employees that studies,
like the Michigan State University study on Occupational Noise
, have stated that Auto Repair
Workers are at high risk for occupational hearing loss
.
9
.
Please provide Complainants with any and all noise studies that were conducted
during the initial Village Zoning hearings in 2005 and ongoing complaints from residents or in
response to Complainants recent filing with the IPCB;
(a)
What type ofstudy(ies)
were conducted;
(b)
Company/individuals
involved in the stud(ies) and their respective roles;
(c)
Measure( s) that were taken;
(d)
Conditions each of those measurements were taken under;
(e)
Date( s) of any and all studies;
(f)
What specific instructions AAI employees were given with regard to these
,.
study(ies)
Electronic Filing - Received, Clerk's Office, November 13, 2008
(g)
Please state all equipment used by Respondent, and his agents, to take
noise measurements at Respondent's
place of business, by make, model, serial number,
and date of last calibration traceable to the National Institute of Standards and
Technology (NIST).
10.
Please specifically identify on what date Respondent purchased Respondent's
property.
11.
Please specifically identify under what property classification AAI's property is
zoned and how AAI's business is classified.
Identify any facts, circumstances, documents or
other evidence, which relate in any way to any alleged use by AAI of its property in a manner
consistent with the zoning of that property.
12.
Please provide the name and address of each witness who will testify at the
hearing of this matter and state the subject of each witness's testimony.
13.
Please provide the name and address of each opinion witness who
' will offer any
testimony or opinion on behalf of Respondent, and state:
(a)
The subject matter on which the opinion witness is expected to testify;
(b)
The conclusions and/or opinions ofthe opinion witness and the basis
therefore, including reports of the witness, if any;
(c)
The qualifications of each opinion witness, including a resume, if any, and
(d)
The identify of any written reports of the opinion witness regarding this
occurrence.
14.
Please list the names and addresses of all other persons who have knowledge of
the facts of the incidents complained of and/or any other allegations contained in Petitioners'
Complaint and/or the damages claimed to have resulted, and/or Respondent's
defenses to
Petitioners' claims.
•
Electronic Filing - Received, Clerk's Office, November 13, 2008
15.
Have you (or anyone acting on your behalf) had any conversations with any
person at any time or overhear any statements made by any person at any time with regard to the
manner in which the incidents complained of occurred?
If the answer is "yes", please state the
following
:
(a)
Date(s) of such conversations and/or statements
(b)
Place of such conversations and/or statements
(c)
All persons present for the conversations and/or statements
(d)
Matters and things stated by the pe
rson
(e)
Whether the conversation was oral
, written and/or recorded, and
(f)
Who has possession ofthe statement if written and/or recorded
16.
Do you know of any statements made by any person, including but not limited to
police officers and/or village officials, relating to the incidents or the damages complained of by
Petitioners?
If so, give the name and address of each such witness and the date of the statement
.
State whether such statement was written and/or oral.
1
7.
Please identify all persons who assisted with or were consulted inthe preparation
of your responses to these Interrogatories, and indicate the Interrogatories with which each
person assisted or was consulted or provided information .
••
18.
Identi
fy every noise source on your property which can be heard or detected at
any location outside of any ofthe buildings or structures located on your property.
If the noise
source is mechanical, identify the machine by type, manufacturer
, model
, serial number and the
purpose for which each such machine is used. State the times at which each such machine is
operated and the date upon which each such machine was installed.
19
.
Please state what Respondent contends is a reasonable amount of noise (in
decibels or other uniform measurement), for it to produce at it
's facility on Ensell Road.
20.
Please provide building permit and/or plans for fencing installed around south
ventilation fan.
,.
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Electronic Filing - Received, Clerk's Office, November 13, 2008
21.
Please provide Complainants with the frequency and duration with which the
ventilation fan located on the south side of the building is in operation.
Specifically identify the
guidelines which dictate when the fan should be in operation, including but not limited to, type
of work being done, frequency of that work
, temperature thresholds inside building as well as
outdoors, etc. In addition, please provide a mechanical description of ventilation fan, including
make, model, serial number and date of installation.
21.
Please provide all OSHA and safety requirements pertaining to ventilation and
temperature inside the building.
22.
Please provide in writing, the frequency with which work is done with rear
(south) bay door(s) open, and any written and/or oral instructions given to employees with regard
to conducting work while rear bay door(s) is/are open. Specifically;
(a)
Type of work done when rear door(s) are open
(b)
Conditions under which work should be done with door(s) open
(c)
List of all equipment utilized when work is done with doort s) open.
28.
Please provide Complainant with all video footage that includes Complainants or
any other residents of Lakewood Meadow, secured from video cameras aimed at the
residents/residential
community to the north of AAI.
30.
P~ease provide Complainants with any written and/or oral instruction given to any
employee or agent of AAI, with regards to intimidating
and/or dissuading
any Lakewood
Meadow resident from recording noise levels from the Residents'
property
.
Including but not
limited to police involvement, anonymous internet communication, etc.
31.
Please provide a list of other noise sources in the area. Include noise source,
frequency, and any measurements.
•
Electronic Filing - Received, Clerk's Office, November 13, 2008
~ Respectfully submitted,
. Js
eph & Victori
rrissey
Victoria
MO;~
CERTIFICATION
I, Joseph Morrissey, on oath or affirmation, stat
e that I have read the foregoing and that
it is accurate t the best of my knowl
edg
e
.
Subs
cribed to and sworn before me
this
day
of
,
20
.
--------
Notary Public
My commission expires:
•
Electronic Filing - Received, Clerk's Office, November 13, 2008
CERTIFICATE OF SERVICE
I, the undersigned, on oath or affirmation, state that on
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I served the attached formal complaint and notice on the respondent by
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certified
mail (attach
copy of receipt
if available,
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registered
mail (attach copy of receipt if available,
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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:
RESPONDENTS
ADDRESS
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My commission expires:
Electronic Filing - Received, Clerk's Office, November 13, 2008
