ILLINOIS POLLUTION CONTROL BOARD

January 25, 1990

THOMAS & LISA ANNINO

)

Complainants,

v.

)

PCB 87—139

(Enforcement)

BROWNING-FERRIS INDUSTRIES

)

OF ILLINOIS,

Respondent.

ORDER OF THE BOARD (by J.D. Dumelle):

This matter comes before the Board upon its own motion. On

August 18, 1988, the Board adopted an Interim Opinion and Order

finding that Browning-Ferris Industries of Illinois (BFI) violated

Ill. Rev. Stat. (1987) ch. lii 1/2 par. 1023, 1024, and 35 Ill.

Adm. Code 900.102 and directing BFI to comply with a list of 22

items. Items 20, 21, and 22 required BFI to respond to the Board

with certain information no later than October 15, 1988. On

October 17, 1988, BFI filed its response.

BFI states that the first 19 items set out in the Board Order

are steps that BFI instituted in 1980 and which have continued to

the present. BFI responded adequately to the remaining 3 items.

BFI states that since the hearing in this matter on January 13,

1988, it has received no complaints regarding sound levels from the

condominium residents. BFI requests the Board to consider the lack

of recent complaints and BFI’s own action and conclude that no

further action is needed by BFI.

The Board notes that there has been no activity in this

proceeding for

quite

some time. The Board hereby requests a status

report from the Complainants, Thomas and Lisa Annino. The

Petitioners are directed to inform the Board as to whether there

remain any issues left to be resolved and/or whether this

proceeding should be dismissed. If there is no response to this

Order by February 28, 1990, this proceeding shall be subject to

dismissal.

IT IS SO ORDERED.

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

Board, here~ycertify that th bove Opinion and Order was adopted

on the

~

~-‘~-

day of

___________________,

1990, by a vote of

Dorothy M.y~3unn, Clerk,

Illinois Pollution Control Board

107—185