Milton
C.
and
Virginia
L. KamhoLz
1306
Sullivan
Road
Woodstock,
II. 60098
Phone:
815 5686166
September
4, 2001
RECEIVED
CL1RK
OPFC
SEP
262001
STATE
OF
1LLINOIS
Pollution
control
Board
BY
CERTIFIED
MAIL
RETURN RECEIPT
REQUESTED
Clerk
of the
Board
State
of Illinois
Pollution
Control
Board
100
W. Randolph
Street
Chicago,
Ii. 60601
Dear Sir or
Madam,
D/
Enclosed
is an
original
copy of a
formal complaint
filed by
us, on
our own
behalf, in
response
to a
source of
noise and
air pollution,
at
a location next
to our property.
Also
enclosed,
please
find
nine
photocopies
of the
original
complaint,
and
of the
original Certificate
of
Service
sent
with
the original
complaint
to the
Respondent.
An
original
copy
of the complaint
was served,
along
with
a copy ofthe
“Information
for
Respondent
Receiving
Complaint,”
via certified
mail
to the
Respondent
cited
in the complaint,
and
a copy of the
receipt
for
such
certified mail
service
is attached
to
the
executed
original of
the
Certificate
of Service.
If you have
any
questions,
or need any
additional
information,
I can be reached
at
my
home
at
any
time,
815 568
6166.
Thank
you for your
time and
consideration
in
this matter.
I
will
look
forward to
hearing
from you.
Sincerely
yours,
Milton
C. and Virginia
L.
Kamholz
cc:
Lawrence
and Mariane
Sporleder
1316
Sullivan Road
Woodstock,
Illinois
60098
Mr.
Greg Zak
Noise
Solutions
by Greg
Zak
36
Birch
Drive
Chatham,
II. 62629
Enclosure(s)
Milton
C.
and Virginia
L. Kamholz
1306
Sullivan
Road
Woodstock,
Illinois
60098
Phone:
8155686166
September
5,
2001
BY
CERTIFIED
MAIL
/
Return
Receipt
Reiuested
/
Lawrence
and
Mariane
Sporleder
1316 Sullivan
Road
Woodstock,
Illinois
60098
Re:
Noise
and
Air
Pollution
Dear
Mr.
and
Mrs.
Sporleder,
Enclosed,
please
find
a complaint
which we
are
filing
with
the
Pollution
Contol
Board,
together
with a
statement
entitled
“Information For Respondent
Receiving
Complaint.”
Respondent’s
attendence
at
a
hearing,
at a date
set by the
Board,
may
be required.
Sinceyy
Milton
‘and
Virginia
L. Kamholz
cc:
Greg
Zak,
INCE
RECEIVED
CL!RK
STATE OF ILLINOIS
SE
P
2
6
2001
POLLuTION CONTROL BOARD
100 W. RANDOLPH STREET, SUITE 11-500
ATE
OF
ILLINOIS
CHICAGO, ILLINOIS 60601
PollutIon
Control
Board
NOTE: All items must be completed. If there is insufficient
space to
complete any item,
additional
sheets may
be attached, specifying the number of the item you are completing. Once
completed,
you
must file the original and nine copies with the Board.
FORMAL
COMPLAINT
BEFORE THE
ILLINOIS POLLUTION CONTROL BOARD
Milton
C. and
Virginia
L.
Kamholz
)
)
)
)
(insert your name(s) on
lines
above)
)
)
Complainant,
)
)
PCB
47/
)
(For
use
by
the Board)
v.
)
)
)
Lawrence and Mariane
Sporleder
)
1316 Sullivan Road
)
Woodstock, Illinois 60098
)
)
(Insert names of alleged
polluter
(s)
)
on lines above)
)
Respondent.
)
)
)
1.
Your Name, Address, and Phone::
)
Milton C. and
Virginia L. Kamholz
1306
Sullivan
Road
Woodstock, Illinois 60098
Phone: 8155686166
2. Place
where
you can
be
SAME
contacted during
normal
business hours
(if different
from
above)
3.
Name and
Adress
of Respondent
Lawrence
and Mariane
Sporleder
(Alleged
Polluter)
13
16 Sullivan
Road
Wpodstock,
Illinois
60098
Phone:
815 568
6831
(if
known)
4. Describe
the
type
of
business
or activity
which you
allege
(believe) is
causing pollution.
(for
example,
manfacturing
company,
grain
elevator,
home
repair shop)
“ACTIVITY
t
’
The inconsiderate,
continuious
riding
of dirt
bikes,
AWs
and
go carts. The
mentioned
vehicles
create
excessive, intolerable
noise,
offensive,sickening,
smelly exhaust
fumes,
and
in
dry
weather,
annoying
dust.
5.
List specific
Sections
of the
Environmental
Protection
Act and/or
Board
rcgulations
which
you
allege
(believe)
are being
violated.
Noise:
Title
35;
Subtitle
H:
Chapter
I:
Part
900.102 I Title
35:
Subtitle H:
Chapter
I: Part 901.102
(a)
Air
Pollution:
Title
35: Subtitle
B:
Chapter
I:
Subchapter
a: Part 201:
Subpart
A: Section 201.102
Air Contaminant:
Air Pollution:
Title
35: Subtitle
B:
Chapter
I: Subchapter
1:
Part 243:
Subpart
A:
243
102
(a)
Section 9
A of
the environmental
protection
act.
6.
Describe
the type
of alleged
pollution
(for
example,
air,
odor,
noise,
water,
drinking
water,
sewer
back-ups)
and
the
location
of the
alleged
pollution.
Be
specific
as
possible
in describing the
pollution
discharge
or
emission.
“NOISE”:
Horrific,
excessive,
intolerable
noise
created
by
the
riding
and
“revving”
of
dirtbikes.
Riding
takes
place
on Respondents
property,
(5acres)
close
to the
dividing
property
line.
Our home
is located
50
feet north
of
the dividing
property
line.
Our
recreation
room
windows
face
the
property
line.
The
noise is
so
excessive
and
loud,
we
cannot
even
have
a conversation
on
the
phone,
or
hear
our
TV.
We
cannot
have
our windows open,
or
use
our patio
and
screened
in
porch.
“ODOR” : Extremely
offensive,
irritating,
exhaust
fumes
emitted
from
dirt
bikes,
atv’s
and
go
carts.
Fumes
make
our
house
smell
bad,
causes
sore
throats,
and headaches.
Must
keep
windows
closed,
and
can’t
go
outside
while
they
are
riding.
Entire
living
area
is
consumed
with
noise
and
fumes.
“DUST”
All
mentioned
vehicles
create
annoying
dust
during
dry
weather.
Atv’s
and
go carts
are
worse.
Respondents used
to
have
a
dirt
track.
They
do
have a
jump
area
directly
in line
with
our
windows.
This
sends
exhaust
fumes
and
revving
noise
directly
at us.
7.
Describe
the
duration
and
frequency
of
the
alleged
pollution.
Be
specific
as
possible
about
when
you
first
noticed
the
alleged
pollution,
how
frequently it occurs,
and whether
it is still
continuing;
include
dates
and/or
times
of
day
if
available.
The
first Atv
started
way
back
in
the
early
90’s.
Noise
wasn’t
so
bad,
and
dust
was
only
a
problem
occasionaly.
Dust
became
worse
when
the
appearance of a
dirt track
came
about.
Go
carts
also
arrived.
Got
alittle
noiser,
and
alittle
dustier.
October
of
1995
came
the
arrival
of
the FIRST
DIRTBIKE.
School
hours
were
the
ONLY
quite
hours
during
the
week,
and
weekends
were
horrible.
Constant
riding
morning
till
night.
August,
1996,
We sent
a
registered
letter
requesting
relief
from
this
activity.
Response to
letter
was
more
riding
and
Revving,
especially
near
window
area.
A
month
or
so
later,
the
bike
broke
down,
and the
next
toy
was
a
Pick
Up
Truck.
This was
driven
around
their
property
and
close
to
dividing
property
line,
just
the
same
as
the dirt
bike
had been
ridden.
Friends
came
and
there
would
be
drag
races
between
truck
and
car,
up
and
down,
and
all
around.
Noise,
Fumes,
and
Dust
were
the
pollutants
we
put
up with
on
a
daily
basis.
Approx.
one
year later,
the
rider turned
16, quit
school,
and for
awhile
school
hours
were
no longer
quiet.
Some
quiet
times
were
enjoyed
for
a time,
but a
younger
grandson
moved
in
with
Respondents,
and
riding
started
all
over
again.
Atv’s
and go
carts.
Approx.
the
end
of
April
of this
year,
2001,
This
younger
boy
got
his first
dirtbike.
He
rides
all weekend
from
10 am.
to
8pm.
School
hours
were
quiet,
but
riding
took
place
every
day
when
not
in school.
ALL
DAY
on
weekends.
MOTHER’S
DAY
2001.
3
dirtbikes,
and a
ATV
RIDING
UP
AND
DOWN
70
FEET
FROM
OUR
WiNDOWS.
Noise
was
earpiercing
and
horribly
unbelievable.
Fumes
were
gagging.
Called
county
rep.
and
they
couldn’t
even hear
me
talk.
(I
was
inside
my
house)
They
told me
to call
Sheriff.
I
did.
Riding
stopped,
No
further
action
taken.
Riding
started
again
later
that
day
jearly
evening.)
and
continued
until
8pm.
Presently,
riding
is
minimal
and of
short
duration.
Sunday,
August
26th
was
a bad
day.
A
dirtbike
and
a
Atv
most
of
the day.
Older
boy
back
home
with
Respondents,so
when
he’s
not working,
riding
can
take
place
at
any time.
Younger
boy
appears
to
be
gone
from
Respondents
home
presently,
but
he visits
alot.
He
rides
when
he’s there.
He’s
only
about
13
years
old,and
there
are
more
younger
grandchildren.
This
is
what
they
do
for
fun,
and
there
is
no
end
in sight
for
relief
from
these
polluntants.
They
are
not
about
to changetheirways.
8. Describe bad
effects which
you
believe
the alleged pollution
has on human
health, plant or
animal
life, or the
environment.
“HUMAN
HEALTH” Since
1993, the
Respondents
have
created
the
polluntants
of
NOISE and AIR,
in such an inconsiderate
manner,
as to
have it
cross
our dividing
property
lines,
and
impose
upon
us,
“their” noise
and
“their” odors.
This has
caused us
great
anguish,
as we cannot
escape
their
intrusions. There is no
relief or
safe
haven for
us. The interior
of our home is
contaminated with “their”
pollutants, and our
patio,
deck, screened
porch,
and back
yard, is unusable
when they are having
“fun”. This creates
fustration
beyond
belief. This creates
anger, an emotion that
will cause
emotional stress. We cannot
have a
cookout,
entertain
friends
“OR”
family. Our
family
doesn’t
even want
to
come here, because
of this
problem.
(Mother’s
Day,
one of my daughters
and her
family,
wouldn’t come
after
hearing
the
bikes
on the phone.
The other daughter and
her
family
only
stayed
an
hour. This means
our
5
grandchildren
weren’t here
either.)
This is not
right
or fair.
Imagine
having
5
beautiful
acres
of
land, a nice home,
and
a
will
to simply
enioy
life,
and having it completely
ruined
because
the
respondents
grandchildren want to
RIDE.
RIDE,
RIDE. We deal with alot
of
emotional
problems
because of
this.
Our property value is
next to
nothing.
Who would buy our
place
with this
kind of
activity
going
on? No
one!
9. Describe the
relief
you
wish
the
Board to grant
(for example, an
order that the
Respondent
stop
polluting,
perform a specific action,
make a
specific
change
in it’s operation,
and/or pay
a
money
penalty;) The
Board
cannot order Respondent
to pay
you money damages, attorney’s
fees,
or
any
out of
pocket expenses
which
you
incur
by
filing this complaint.
We
request
that
“ALL”
mentioned pollunants
be
stopped.
We
request
that the board
enter
an
“Order”,
directing the
Respondents
to cease
and desist from further
violations
of
applicable
statutes
and
regulations.
Due
to our home’s
positioning
on our
property,
and being close to
the
dividing
property
line,
the
polluting
and
offending
activities
must
be
stopped,
as
there is no possibility
of
acceptance
of
any
more
of these
polluntants at
any
time of the
day. We
have lived
here for 31
years, and the
Respondent’s have
lived on their
property
for 30 years.
Polluntant
problems started
approx. 10 years ago,
and we
simply
can’t tolerate
anymore.
We
need and
deserve
to
get
our lives
back. We need and
deserve
to
be
able to have a
peaceful existance, and to
be able to
enioy
our home.
This is more important
than their need
to have
this
form of
activity.
We
NEED to have
our
Property
value
returned
to
us.
We have worked
hard all of our
lives, and it
is
not right that
we cannot even sit
on our deck with
a cool drink, or
open our windows to
enjoy a
cool
breeze. We
have
planted
over 400 trees on our
property,
but
can’t
enjoy
being
outside to
walk
amoung
them.
They
have stolen
our
rights and
property
value
away from
us. We ask
the
Board to
help
us
and
enable
us to enjoy our rights
to a
“normal”
life.
10.
State
whether
you
know if
there
is any
court
or other
forum in which you
are, or anyone else
is
suing
or complaining
against
this Respondent
for the same alleged
pollution
discharge
or emission.
None
11.
CERTIFICATION
(Optional,
but encouraged)
I, Milton
C. and Virginia L.
Kamholz, having
read the above,
do hereby swear and
attest that I
have
read
the
forgoing, and
I have filled
out the above form accurately,
and to
the best of my
knowledge.
Subscribed
to
and
sworn before me this
p
of
f
,2001.
Notary PubIl—
My
Commission expires
OFFICIAL
SEAL’
EDITH
A. DARLING
,4
Notary
Pubhc, State
of Illinois
*
My
Commission
Expires
02J26/02
NOTE:
THIS FORM
MUST
BE
INCLUDED
IN
THE SERVICE
TO
RESPONDENT
INFORMATION
FOR
RESPONDENT
RECEIVING
COMPLAINT
The
Board
will
not
accept
this
complaint
that
has
been
served
upon
you
if
the
case
is
determined
to
be
either
duplicitous
or
frivolous.
Duplicitous
means
that
a
similar
case
is
pending
in
another
court
or
in
another
action
before
the
Board.
The
response
to
question
#10
in
the
complaint
states
the
opinion
of
the
Complainant(s)
on
this
issue.
Neither
can
the
Board
accept
the
complaint
if
the
action
is
frivolous.
Frivolous
means
that
the
requested
relief
is
beyond
the
oard’s
authority
to
grant.
For
example,
the
Board
has
the
authority
to
order
the
Respondent(s)
to
cease
and
desist
the
polluting
activity
and
order
a
fine
after
following
certain
procedures.
The
Board
does
not
have
the
authority
for
example
to
grant
monetary
compensation
to
the
Complainant
for
damage
to
health
or
property.
Also,
the
Board
cannot
order
the
polluting
activity
to
cease while
the
case
is
pending,
except
under
special
circumstances.
The
response
to
question
#9
in
the
complaint
states
the opinion
of
the
Complainant(s)
on
this
issue.
If
you
believe
this
case
is
duplicitous
or
frivolous,
please
file
a motion
with
the
Board
within
two
weeks
from
the
date
of
service.
The
motion
must
state
the
basis
for
which
the
motion
is
made
and
a
concise
statement
of
the
relief
sought.
Memoranda,
affidavits,
and
any
other
relevant
documents
should
accompany
the
motion.
If
more
time
than
two
weeks
is
necessary
to
gather
supporting
evidence,
please
indicate
this
within
the
two
weeks
and
state
your
reasons
as
well
as
the
amount
of
additional
time
needed.
Upon
good
cause,
the
Board may
grant an
extension
at
its
next
Board
meeting.
Ten
(10)
copies
of
the
motion
must
be
filed
with
the
Clerk
of
the
Board with
proof
of
service.
Service
may
be
done
either
personally
or
by
First
Class
United
States
mail.
Mail
service
is
presumed
completed
four
days
after
mailing.
If
no
response
is
received
by
the
Board
within
two
weeks,
the
Board,
at
its
discretion,
may find
that
the
complaint
is
not
duplicitous
or
frivolous
and
may
accept
the
case
for
hearing.
If
you
have
any
questions,
please
contact
the
Clerk’s
Office,
at
(312) 814-3629.
Milton and
Virginia Kamholz
1306 Sullivan Rd.
Woodstock, TI.
Phone: 815 568 6166
September 24,
2001
Clerk
of the
Board
State of Illinois
Pollution Control Board
100 Randolf Street
Chicago, Ii. 60601
Re: Certificate of Service
Dear Sir or Madam,
Our complaint was unable to be delivered on September 6, 2001, and the Respondents ignored the notice
of a “certified
mailing”.
They
refused
to pick the mailing up, and it was returned to us on September 21,
2001, after the
proper
waiting period of 15 days. We have been informed that this can be considered
“Delivered” and go ahead with
a
remailing of our complaint, via regular first class mail.
That is what I’m
going to do today, September 24 th, along with your envelope containing
an
original
copy of our
formal
complaint, and 9 photocopies. I’ve held your envelope back since September
5th, as I wanted to enclose
the copy of the
receipt with
the
Certificate
of Service. Since I am unable to
do
this, I’m attaching
a copy
of the
original
envelope showing
the
Postal
Stamp declaring the mailing “UNCLAIMED”. This is the
only receipt
the
Postal Clerk
would give me.
We
trust that our information concerning this next
mailing
procedure
is correct, and that this complaint
can move forward. If we are wrong, please let
us
know,
and we will make the necessary correction
immediately.
We can be reached
at
our home phone
number most anytime. Again, we thank you for your
time and consideration in this matter.
Sincerely yours,
Milton and Virginia Kamholz
(J
CERTIFICATE
OF
SERVICE
The undersigned,
being
first sworn,
states
that
an original
copy
of the
complaint
and a copy
of the
notice of
filing, was
mailed, or person3tlly
served,
to the
Respondent
of this action
at the below
listed address
on
this
date
1
/’
$
/
by:(Check
appropriate
line)
_
Certified
Mail
(attach copy
of
receipt)
Registered
Mail
(attach
copy of
receipt)
Personal
Service
RESPONDENT’S
ADDRESS
NAME:
Lawrence
and
Mariane
Sporleder
STREET:
1316
Sullivan
Road
c
iltcdid
Virginia
L. Kamfi’
Complainant
(s)
CITY, STATE,
AMD ZIP:
Woodstock,
Illinois
60098
SIGNED
AND
SWORN
to before
this
date
Notary Public
OFFICIAL
SEAL
EDiTH
A.
DARLING
Notary
Public,
State
of
Illinois
My
Commissofl
Expires
02126102
so
that
we
can
return
the
card
to
you.
Attach
this
card
to
the
beck
of
the
mailpiece,
or
on
the
front
if
space
permits.
t.
Article
Addressed
to:
x
j9&i?i,ee.
-r
1l1i1,qii’
ôj
jedee
IZ$f
4
R
U
Agent
C
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0.
Is
delivery
address
different
tmrn
tern
1?
U
Yes
If
YeS,
ester
delivery
address
below:
C
No
?odfoc
IoQ’
3.
Service
Type
..çertitied
Mail
C
Express
Mail
C
Registered
C
Return
Receipt
tor
Merchandise
C
lssered
Mail
C
COD.
2.
Article
Number
(Transfer
from
service
label)
7001
0368
PS
Form
3811.
March
2001
—
4.
Restricted
Delivery?
(Evtma
Fee)
0002
1944
0373
Domestic
Return
Receipt
DYes
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I
p
5
7D01
0360
0002
1944
0373
UNITED
S7TES
P057L
SERVICE
*****
WELCOME
TO
*****
W000STOCK
W000STOCK,
IL
60098—9998
09/05/01
11:32AM
Store
USPS
Trans
13
Wkstn
sys5003
Cashier
RKDHOB
Cashier’s
Name
Yolanda
StockUnitId
YOLANDAWIN
PD
Phone
Number
815-338—0630
1.
First
Class
4.17
Destination:
60098
Weight:
1.EOoz
Postage
Type:
PVI
Total
Cost:
4.17
Base
Rate:
0,57
SERVICES
Certified
Mail
2.10
Return
Receipt
1.50
Subtotal
4.17
Tr+a]
4.17
5.00
nge
Due
Cash
0.83
Number
of
Items
Sold:
1
Thank
You
again!
C
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3
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(0
0
0
0
3
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os
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UNITED
TiTES
-
POSTiLSEflU/CE
*****
WELCOME
TO
*****
WOODS
TO
OK
WOODSTOCK,
IL
60098—9998
09/24/01
11:42AM
Store
USPS
Trans
3
Wkstn
sys5002
Cashier
RZCM6B
Cashier’s
Name
Stephanie
Stock
Unit
Id
STEPHANIEWIN
P0
Phone
Number
815-338-0630
0.75
1.
First
Class
Destination:
Weight:
Postage
Type:
Affix.
Post.:
Total
Cost:
Base
Rate:
SERVICES
Cert
of
Mailing
60098
1
,5Ooz
Affixed
—0.57
1
.32
0.57
0.75
0.75
0.75
1
.00
0.25
Subtotal
Total
Cash
Change
Due
Cash
Number
of
flems
Sold:
1
Thank
You
Please
come
again!