ILLINOIS POLLUTION CONTROL BOARD

March 25, 1993

JAMES N. TONNE and

JEANINE F. TONNE,

)

Petitioners,

PCB 93—44

v.

)

(Enforcement)

LEAMINGTON FOODS,

Respondent.

ORDER OF THE BOARD (by J. Anderson):

On March 2, 1993 James N. Tonne and Jeanine F. Tonne (Tonne)

filed a formal complaint against Leamington Foods (respondent).

The Tonnes allege that the refrigeration fans at respondents’ store

are emitting noise in violation of Sections 23 and 24 of the

Environmental Protection Act, 415 ILCS 5/23 and 24 (1992).’

The Board finds that this matter is not duplicitous or

frivolous. Accordingly, this matter is accepted for hearing.

IT IS SO ORDERED.

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

Board, hereby certify that the above order was adopted on the

____________

day of

7)-i

i~-~-~--s~-

,

1993, by a vote of

L~iDorothyN.4unn,~ Clerk

Illinois P~t1utionControl Board

1These sections were formally codified at Ill. Rev. Stat.

(1992), ch. 111½, pars. 1023 and 1024.