24—Nov-2009
10:00
AM
MB
Financial
Bank
16302572421
r.
STATE
OF
ILLINOIS
POLLUTION
CONTROL
BOARD
op
JAMES
R.
THOMPSON
CENTER
°‘
Cof
N,
8
100
W.RANDOLPH
STREET,
SUITE
11-500
CHICAGO,
IL
60601
PETER
ARENDOVICH
)
)
Complainant,
)
PCB2009-102
v
)
)
ILLINOIS STATE
TOLL
)
HIGHWAY
AUTHORITY,
)
)
Respondent.
NOTICE
01
FILLiNG
illinois
Toll
Highway
Authority
2700
Ogden
Avenue
Dovners
Grove
IL.
60515
Rober
T-Lane
Please
take
notice
that
on
24
day
of
November
The
Complainant
APPEARANCE
FOR
RESPONDING
FOR
DISMISS
OF
FIRST
AMENDED
COMPLAINT
was
filled
with
the Clerk
of
the
illinois
Pollution
Control
Board,
at
James
K.
Thompson
Center
100
W.
Randolph
Street,
Suite
11
500,
Chicago
,ll1.
60601,
a
copy
of
which
is
attached
hereto
and
hereby
served
upon
you.
E
CERTIFICATE
OF SERVICE
I,
Peter
Arendovich,
deposes
and
states
that
a
copy
of the
foregoing
was
served
upon
the
above
named
by first
class
mail
on
the
24th
day
of
November
,2009
a
eter
Arendovich
1388
Gordon
Ln.
Lemont ii.
60439
630-2S7-8753
24-Nov--2009
10:00
AM
MB
Financial
Bank
16302572421
2/3
STATE OF
ILLUb4OIS
POLLUTION
CONTROL
BOARD
JAMES
R. THOMPSON CENTER
100
W.RANDOLPH
STREET,
SUITE
11-500
CHICAGO,
IL
60601
PETER
ARENDOVICH
)
)
Complainant,
)
PCB2009-102
v
)
)
ILLJNOIS
STATE
TOLL
)
HIGHWAY AUTHORITY,
)
)
Respondent.
RESPONSE
TO
MOTION
STRiKE
AND
DISMISS
FIRST
AMENDED COMPLAINT
FILED
OCTOBER 19,
2009
Answer
to
dismissal
The
Defendant,
In
their
motion
to
dismiss
the
first
amended
complaint
is
solely
based
on
legal
technicalities,
not
addressing
the
specific
cause
for
the
complaint.
The
Complainant has
presented
technical
support,
outlining
that
ISHTA
engineers
should
have
followed
the
guidelines prescribed
by
FHWA
and
the
IDOT
Highway
Traffic
Noise
Assessment
Manual,
Proper
engineering
should
have
been
utilized
with
concern
of
the
local
residents
in
the
immediate
area
of
the
th
135
Street
bridge
in
Lemont,
IL.
In
paragraph 10 of
the
Motion
for
Dismissal
of the
first
amended
complaint
, the
Defendant
is
liberating
his
Agency
from
culpability
by
deflecting
the
technical
negligence
to
FHWA
Even
though
ISTHA
engineering
was
negligent
to
overlook
such
gross
errors,
FHWA
was
negligent
for not
taking
ownership
and
responsibility
for
inspecting
the completed
work
of
ISTHA’s
Veterans
Highway
and
verifying
the
proper
implementation
of
the
EIS.
ISHTA
knowing
FHWA
does
not
follow
up
on
EIS,
continued
to
improperly
proceed
with
the work
of
the
135
th
Street
bridge
in Lemont,
IL
without
FHWA
oversight.
The
complaint
is
based
on
the severe
noise
pollution,
lack
of ownership
and
the
responsibility
to remedy
the
noise
pollution.
In
this case,
ISHTA
is
the neighbor and
ISHTA’s
facility
is
generating
severe
noise
pollution
toward
the Complainant’s
property.
The
Complainant
is
a
citizen
whose
government,
under
the
constitution, must
protect
the
rights
of
its citizens
against
24-Nov-2009
10:00
AM
MB
Financial
Bank
16302572421
3/3
harm.
Section
900
102
of Noise
Pollution
are
the
rules and
guides
set by
our
government.
The
rules must
be
upheld.
Section
900
W2
ofnoise
pollution
states:
No person
shall
cause
or
allow
the
emission
of
sound beyond
the
boundaries
ofhis
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.
And
an
additional
violation.
The Illinois
Constitution
states
SECTION
1.
INHERENT
AND
INALIENABLE
RIGHTS
All
men are
by
nature
free
and
independent
and have
certain
inherent
and
inalienable
rights
among
which
are
life,
liberty
and
the
pursuit
of
happiness.
To secure
these
rights
and
the
protection
of
property,
governments
are
instituted
among
men,
deriving
their
just
powers
from
the
consent
of
the
governed.
The Complainant
has
been
a
resident
ofhis
property
for
18
years
with the
ability
to
exercise
his
constitutional
right
ofthe
pursuit
of happiness.
ISHTA
on November
1, 2008
established
business
which
generates
large
amounts
of revenue,
violating
23 CFR
Part
772,13(o)
and
23
USC
109(h)
and 35
III. Mm.
Code,
Subtitle
H.
Chapter
I, Section
900.102
by
failing
to
provide
the
required
noise
abatement
policies
and
procedures
required
under
the
provisions
of
both
federal
and
state
law
causing
physical
and
emotional
stress
to
the Complainant.
The
Complainant
has
fulfilled
his
responsibility
by
presenting
technical
data
prepared
by an
acoustical
engineer
in
the
paragraph
#5
indicating
consistent
violation
of”
Title 23
Noise
Standard
“.
Be it
know
that
IlOT
published
a
Highway
Traffic
Noise
Assessment
Manual
presenting
specifications
to
minimize
noise
pollution
issues
along with
several
solutions
to remedy
severe
noise pollution. ISHTA,
the Defendant
continues
to
disregard
the
law
by not
providing
remedies
to the
violations
in this
complaint.
ISHTA
has
chosen
to
avoid
responsibility
by
invoking
the
“jurisdiction
of
the
Pollution
Control
Board
“.
WERE
FORE
The
Injured
citizen
of no
fault
of
his own.
Respectfully
request
the
honorable
board
to
issue an
order
for
ISHTA
to
comply
with
Section
900
102 as
property
defined
in
setion
25
of the
Illinois
Environmental
Prtctiøn
Act.
Respectfully Submitted.
/ Peter
Arendovich,
The
injured
eitizen