ILLINOIS POLLUTION CONTROL BOARD
    October
    1,
    1992
    YOLANDA PRICE,
    Complainant,
    v.
    )
    PCB 92—119
    (Enforcement)
    )
    SOUTH SHORE VILLA
    )
    CONDOMINIUMS, and QUALITY
    )
    MANAGEMENT
    SERVICE, INC.,
    )
    )
    Respondents.
    ORDER OF THE BOARD
    (by 3.
    C. Marlin):
    On
    August
    20,
    1992,
    Yolanda
    Price
    filed
    this
    complaint
    alleging
    a
    noise
    nuisance
    in
    violation
    of
    35
    Iii.
    Adin.
    Code
    900.102.
    Ms.
    Price alleges that operation
    of the boiler by the
    respondents,
    the
    condominium
    association
    and
    the
    management
    service, cause an unreasonable level of noise in the condominium
    unit which she owns and in which she lives.
    By order
    of September
    3,
    1992,
    the Board on its
    own
    motion
    directed the parties to brief the issue as to whether the Board has
    jurisdiction
    in this matter in
    light of the Board’s holding
    in
    Bruce
    Nesbitt v. the 100 Bellevue Place Condominium Association,
    PCB 92—48
    (May 21,
    1992), appeal voluntarily dismissed,
    No. 1—92—
    2128,
    (1st Dist., September 10,
    1992).
    The parties were directed
    to file simultaneous briefs addressing this jurisdictional issue on
    or before September 25,
    1992.
    Ms.
    Price filed her response on September 25,
    1992.
    On the
    same day, respondents filed a motion for extension of time in which
    to respond through October 16, 1992.
    In support, the motion states
    that
    “the
    Board’s
    order
    was
    only
    recently
    received
    by
    (respondents),
    on
    account
    of
    having
    been
    mailed
    to
    a
    wrong
    address”.
    Complainant has not responded to the. motion.
    The Board notes that its September 3 order was mailed to the
    address provided by complainant.
    Upon return of the order to the
    Board,
    the Clerk’s office contacted complainant’s
    counsel, who
    provided what appears to be the correct address.
    Although the response time for respondents’ motion has not
    run, the Board will rule upon the motion to prevent further “undue
    delay”
    in the
    progress
    of
    this action
    (see
    35
    Ill.
    Adm.
    Code
    101.241(b)).
    The respondents’
    motion
    for extension of time to
    respond to the Board’s September 3,
    1992 order is granted through
    October 16,
    1992.
    0 36~0V~3
    2
    IT IS SO ORDERED.
    I,
    Dorothy N. Gunn,
    Clerk of the Illinois Pollution Control
    Board, hereby certify that the above order was adopted on th
    /-‘~
    day of
    _________________,
    1992, by a vote of
    7~
    ~
    ~Thorothy
    M.,4inn,
    clerk
    Illinois ~1ution
    Control Board
    Ot36-0V4’4

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