ILLINOIS POLLUTION CONTROL BOARD
    February 3, 1994
    ANNE SHEPARD, JAMES VERHEIN,
    )
    and JEROLD LECKMAN,
    )
    Complainants,
    )
    V.
    )
    PCB 94—2
    (Enforcement)
    )
    NORTHBROOK SPORTS CLUB,
    )
    and VILLAGE OF HAINESVILLE,
    )
    )
    Respondents.
    ORDER OF THE BOARD (by M. Nardulli):
    On January 3, 1994, Anne Shepard, James Verhein, and Jerold
    Leckman (Shepard or complainants) filed a complaint against
    Northbrook Sports Club and the Village of Hainesville (Northbrook
    or respondents) alleging that Northbrook emits noise in violation
    of Sections 23 and 24 of the Environmental Protection Act (Act)
    (415 ILCS 5/23 and 24). On January 20, 1994, complainants filed
    a motion for waiver of filing requirements. Complainants
    requested a waiver of the regulation found at 35 Ill. Adm. Code
    103.123(a) which provides, in pertinent part, that proof of
    service shall be demonstrated by “registered or certified mail
    return receipt signed by respondent or his authorized agent.”
    Instead, complainants wish to demonstrate service by unsigned
    original return receipts and a photocopy of acknowledgement of
    certified mail service signed by respondents’ authorized agents.
    On January 19, 1994, attorney for Northbrook Sports Club
    filed an appearance and on Jar~iuary25, 1994, attorney for Village
    of Hainesville filed an appearance. Both appearances were
    general in nature and did not challenge sufficiency of service.
    Therefore, complainants’ motion concerning proof of service is
    moot. Accordingly, the Board hereby denies complainants’ motion.
    On February 1, 1994, complainants’ filed a motion for
    extension of time to reply to the Board’s order of January 20,
    1994, and a motion to compel admission of genuineness of
    documents, a request for documents and a request for admission of
    facts. Complainants’ seek until “14 days past respondents’ time
    to reply” to complainants’ motions to respond to the Board’s
    order. Complainants’ response to the Board’s January 20, 1994,
    order was to be received on or before February 9, 1994. On
    February 3, 1994, respondent Village of Hainesville requested
    that complainants’ motion for extension of time be denied and
    that complainants’ other motions be stricken.
    In general, a party has 7 days to respond to an opposing
    2
    party’s motion (35 Ill. Adm. Code 101.241(b)). In this case,
    Village of Hainesville has responded to the motion for extension
    of time, but Northbrook Sports Club has not. Although Northbrook
    Sports Club’s response time has not yet expired, the Board’s
    procedural rules allow the granting of a motion prior to
    expiration of the response time where undue delay or material
    prejudice would result (35 Ill. Adm. Code 101.241(b). The Board
    finds that a denial of the motion for an extension of time would
    create undue delay and material prejudice in this matter.
    The Board anticipates ruling on complainants’ pending
    motions at the next Board meeting. Should the Board grant those
    motions, complainants will need time to review the respondents’
    response.1 Therefore, the Board shall grant the extension of
    time until March 4, 1994. The Board will not rule on
    complainants’ motion to compel admission of genuineness of
    documents, request for documents and request for admission of
    facts, or Village of Hainesville’s motion that complainants’
    pending motions be stricken, at this time.
    IT IS SO ORDERED.
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control
    Boa~q, ~iereby certify~hat the above order was adopted on the
    t~~day of ________________________, 1994, by a vote of
    7—C
    .
    J
    -,
    2
    ~
    -~
    ~
    ~Dorothy M. pl~hn, Clerk
    Illinois PdlYution Control Board
    The Board emphasizes that it has not yet made a
    determination on complainants’ pending motions. Today’s order does
    not, in any way, forecast the Board’s ultimate resolution of the
    motions.

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