ILLINOIS POLLUTION CONTROL BOARD
July
13,
1989
WILLIAM E. BRAINERD,
Complainant,
v.
)
PCB 88—171
DONNA HAGAN, DAVID BROMAGHIM,
and PHIL ROBBINS, d/b/a THE
)
GABLES RESTAURANT,
Respondent.
ORDER OF THE BOARD
(by R.
C. Flemal):
This matter comes before the Board on Respondent ts motion
filed June 12,
1989 for extension of the deadline set by the
Board in its Order
of April
27,
1989.
On July 7,
1989
Complainant
filed
a
tardy response expressing concern over an
extension during the summer months.
On April
27,
1989 the Board found,
inter alia,
that
Respondents
violated
35
Ill. Adm. Code 900.102 of the Board’s
noise regulations and ordered Respondents
to cease and desist
from violations of the Act and Board’s regulations.
Paragraph
three of that Order also included
a June
27,
1989 deadline date
for the installation and operation of noise abatement devices.
It
is this deadline date which Respondents request
be extended.
In support
of its motion, Respondent states
that on May 30,
1989
it received information on manufacturers of silencers from the
Gregory T.
Zak, Agency Noise Technical Advisor.
Respondent
further states that sufficient
time
is needed for competitive
bidding and installation of
the silencers which are presently
estimated to cost $2663.00.
Therefore,
Respondent
requests that
the deadline established
in paragraph three of the Board’s April
27, 1989 order be extended until September
27,
1989.
Respondent’s motion
for extension
is granted.
The Board
accordingly modifies
its April
27,
1989 order
to read as follows:
3.
On or before September
27,
1989,
Respondents
shall have
in functional operation noise
abatement devices sufficient to prevent future
violations of the kind alleged
by complainant.
IT
IS SO ORDERED.
11)1
51
—2—
Board
Member Jacob D. Dumelle concurred.
I,
Dorothy M. Gunn, Clerk of the Illinois Pollution Control
Board, h~rebycertify th
th
above Order was adopted on
the
/‘f~-
day of
__________________,
1989, by a vote
of
7—a
.
Ill
S
Control Board
101—52