ILLINOIS POLLUTION.CONTROL BOARD

September 5, 1985

BRUCE JACOBSON and

)

KATHERINE JACOBSON,

Complainants,

v.

PCB 85—30

)

KATHLEEN GIENCKE,

)

Respondent.

ORDER OF THE BOARD (by J. Anderson):

The complaint, filed March 5, 1985, alleges that

respondent’s use of a woodburning stove causes air pollution,

with smoke from the stove entering the complainants’ home.

Hearing was held in this matter on June 6, 1985, at which the

parties presented a proposed “consent order” for acceptance by

the Board. By Order of July 11, 1985, the Board declined to

accept the proposal as drafted, but further noted that unless the

Board had received “some filing indicating an intent to proceed,

within 45 days of this Order August 26, 1985), this matter will

be subject to dismissal.” By letter of August 27, the Jacobsons

requested that this matter “be removed from the Board’s agenda”

inasmuch as Ms. Giencke has sold her home and is relocating.

The Board construes the letter as a motion fox~voluntary

dismissal, which is granted. The Board also notes that the

Jacobsons are correct in their assumption that they are not

precluded from filing a similar complaint against the new owner

in the event that they believe woodburning by the new owner is in

violation of the Environmental Protection Act or the Board’s

rules.

IT IS SO ORDERED.

3. D. Dumelle concurred.

I, Dorothy N. Gunn, Clerk of the Illinois Pollution Control

Board, hereby certify th t the above Order was adopted on

the

5—~

day of _______________________, 1985, by a vote

Dorothy ri. Gtinn, Clerk

Illinois Pollution Control Board