ILLINOIS POLLUTION CONTROL BOARD
    July 21,
    1994
    MARK
    AND
    JEANNE DORUFF,
    )
    WILLIAM AND
    MARLA
    BOLEN,
    )
    RALPH
    AND
    KAREN NUZZO, GARY
    )
    AND VALERIE BRAUN, ROMAN
    )
    AND
    GERI
    MALUK,
    JAGVIR
    AND
    )
    VICKI SINGH, ARTHUR
    AND
    )
    NELLIE REYES, AND
    DAN
    RODRIGUEZ
    )
    )
    Complainants,
    )
    v.
    )
    PCB 93—204
    (Enforcement)
    BLOOMINGDALE ELEMENTARY
    )
    SCHOOL DISTRICT
    13
    AND
    )
    FMG,
    INC.,
    )
    Respondents.
    ORDER OF THE BOARD
    (by C.
    A. Manning):
    On November
    1,
    1993, Mark and Jeanne Doruff ~
    ~
    initiated
    this action by the filing of a formal complaint against
    Bloomingdale Elementary School District 13
    (School District)
    and
    FGM,
    Inc.
    On July 19,
    1994, the parties filed a stipulation and
    proposal for settlement accompanied by a request for relief from
    the requirements of Section 31(a)(1)
    of the Environmental
    Protection Act
    (Act) that proposed stipulated settlements be
    presented at public hearing.
    (415 ILCS 5/31(a)(1)
    (1992).)
    Section 31(a) (2)
    of the Act provides that certain actions
    concerning stipulated settlements must take place “whenever a
    complaint has been filed on behalf of the Agency or by the People
    of the State of Illinois”.
    The Board will not apply the
    requirements in this case,in which this action is brought by
    private individuals.
    The settlement proposed by the parties (Motion,
    Ex.
    A)
    requires the School District to take specified noise abatement
    measures “as soon as is possible,
    but
    in no event later than
    December
    31,
    1994”.
    The parties also presented a letter from
    Greg Zak, the Noise Technical Advisor from the Bureau of Land of
    the Illinois Environmental Protection Agency
    (Motion,
    Ex.
    B).
    In
    the letter,
    Mr. Zak opines “compliance is most likely to be
    achieved by implementing” the suggested “solution 3” which the
    School District proposes to utilize.
    Under these circumstances, the Board finds the settlement
    agreement acceptable under 35
    Ill.
    Adin.
    Code 103.180.
    This
    settlement agreement in no way affects respondent’s
    2
    responsibility to comply with any federal,
    state or local
    regulations, including but not limited to the Act and the Board’s
    pollution control regulations.
    This action is dismissed and the docket is closed.
    IT IS SO ORDERED.
    I, Dorothy M.
    Gunn,
    Clerk of the Illinois Pollution Control
    Board, hereby c
    if
    that the above order was adopted on the
    á’/~—’~
    day of
    _____________,
    1994,
    by a vote of
    ~
    /
    Dorothy M. $~nn,Clerk
    Illinois PqJ/lution Control Board

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