RECEIVED
State of Illinois
CLERK’S
OFFICE
PoLLuTIoN CONTROL
BOARD
9
JAMES R. THOMPSON
CENTER
100W.
RANDOLPH
STREET, SUITE 11-500
STATE
OF
ILLINOIS
CHICAGO,
ILLINOIS 60601
pollution
Control
Board
FORMAL COMPLAINT
BEFORE THE
ILLINOIS POLLUTION
CONTROL
BOARD
Peter
Arendovich
)
)
)
)
(Insert your
name(s) on lines
)
above),
)
)
Complainant(s),
)
v.
)
PCB____________
)
(For
Board
use)
The
Illinois
State
Toll Highway Authority
)
)
)
)
(Insert name(s) of
alleged polluter(s)
)
on lines above),
)
)
Respondent(s).
)
Note:
If you do not use this
formal
complaint
form and instead
draft and type your
own, it
must
contain
all of the information
requested by this form.
All items
must
be
completed. If
there is
insufficient
space to complete
any
item,
you may
attach additional
sheets, specifying
the number
of the item
you are completing.
Once
completed,
you
must file
the
original
and
nine
copies
of
the formal
complaint,
notice
to
respondent,
and
certificate of service
with
the Clerk
of the Board
at
the above
address.
Your name,
street
address,
Peter
Arendovich
county, state:
1388 Gordon
Lane
Lemont,
IL 60439
Phone:
630
257-8753
2.
Place where
you
can be
Phone:
Cell 630-788-8264
contacted during
normal
business
hours
(if different
from above):
3.
Name
and address
of respondent
The Illinois
State Toll
Highway
Authority
(alleged
polluter):
2700 Ogden
Avenue
Downers
Grove, IL.
60515
Phone:
630-241-6800
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:
The
business causing
the
noise
pollution
is
the
profit
making
government
agency
known
as
the
Illinois State
Toll
Highway
Authority.
The
noise pollution
is caused
by
the 1-355
extension
(Veterans
Highway)
between
the
l35
Street Bridge
and Archer
Avenue.
5.
List specific
sections
of the
Environmental
Protection
Act, Board
regulations,
Board
order,
or
permit that
you allege
have
been
or
are
being
violated:
35 Ill. Adm.
Code,
Subtitle H,
Chapter
I,
Section 900.102
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:
The
noise
pollution
is caused
by the
traffic along
the
I -355
extension
(Veterans
Highway)
in
the
area between
l
35
Street
and
Archer
Avenue,
specifically
on
the
135
th
Street
Bridge.
The
135
th
Street Bridge
is
540 feet
long and
does
not
have a
sound
barrier.
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):
The noise
pollution
was immediately
noticeable
after the
1-355 Toliway
(Verterans
Highway)
was
opened
on November
11,
2007. The
noise
pollution
is
continuous,
24
hours per
day,
seven
days
a week. The
noise
is
so
frequent
that
the IPCB
db
requirements
are violated
every
minute of
every
day
of the year.
The
noise becomes
more
intense
as
large trucks
are crossing
the bridge
at
high
speeds
during
the early morning
hours and
late
in
the
night.
8.
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 noise
generated
by the
1-355 Toliway
has resulted
in
an unreasonable
interference
with
the
use
and
enjoyment
of my property
and
other properties
in the
area.
The noise
during
the
night interferes
with
our
sleep
which
endangers
the
physical
and emotional
health
and
well-being
of the
families
in this area.
9.
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)):
We request
that
the
board
enter
an
order directing
the
respondents
to
install
a
sound
barrier
wall
from the beginning
of the
bridge
on
135
th
Street
up to
Archer
Avenue
at
a
height
that
will
minimize
noise
entering our
property.
Currently,
there is
a short
wooden
wall
of 240 feet
in length
and
an average
of
10
feet
high
on the
bridge or
aproximately540
feet in
length.
The remaining
300
feet
on the
l
35
Street
Bridge
does
not
have
any
sound
barrier
installed.
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):
None
known.
11.
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.):
I am
representing myself as
an individual.
I,
, on oath
or
affirmation,
state
tht
I have read
the
foregoing and
that
it is accurate
to the best of my
knowled
(Zi
2€J4
OFFICIAL
SEALS
Brian
Paone
Notary
Public,
State
of
Illinois
Will
County
My
Commission
Expires
July
7,
20
)
12.
CERTIFICATION
(optional
but
encouraged)
(Con1ainant’s
signatu)
/
Subscribed to and
sworn before me
this
‘7t4
day
of_____
Notary
Public
My
commission expires:
7_
o/O
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
filed 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
be 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
5/1 et seq.) and
the
Board’s
procedural
rules
(35
Ill.
Adm.
Code 101 and 103).
These
can
be 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 ILCS
5/31(d)) and
Section 101 .202 of the
Board’s
procedural
rules
(35 Ill.
Adm.
Code
101.202).
“Duplicative”
means
that
an
identical
or substantially
similar
case is already
pending before the
Board or in court.
See 35 Ill. 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
filing a motion alleging
that
the
complaint
is
duplicative
or frivolous
will
stay
the
60-day
period
for
filing an answer to the
complaint.
See 35 Ill.
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
Ill. 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 Ill. Adm. Code
103.212(a)
Answer to Complaint
You
have the
right 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. Adm.
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(f).
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
Ill. Adm. Code
101.400(a). Such
an
individual may nevertheless wish to have an attorney
prepare
an answer
and
any
motions or briefs, and
present
a
defense at hearing.
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 (312)
814-3629.
CERTIFICATE OF SERVICE
I, the
undersigned, on oath or affirmation,
state
that on (month,
day,
year)
A
1
94/L
27
,
c’
9’
, I served the attached formal
complaint and
notice on the
resfondent
by:
(check appropriate line)
X
certified mail (attach
copy
of receipt if available, otherwise
you must file
receipt
later with
Clerk)
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:
77TG
City, state, zip code
c(2
/
C’2
:7it
O/
Y
(list each
respondent’s
name
and address
if multiple respondents)
c?’J
6%1
Street
j
2
?
o
City, state, zip code
L
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cf37
Subscribed to and sworn before me
this
,277Lf
day
of
_‘-,
V
, 2Of
&
OFFICIAL
SEAL”
Notary
Bnan
Paone
missionExpiresJulY72
Public
State
of
Illinois
Will
County
?
Name
L) iV
(0 LS
Street
270
2J
N,
di’ñy
4
frffa
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7
(ainant’s signature
Notary Public
My
commission expires:
