ILLINOIS POLLUTION
CONTROL BOARD
April
18,
1996
MR. & MRS.
DON WILLIAMS,
)
MR. & MRS.
THOMAS MORRIS &
)
MR. & MRS.
PETER BIZIOS,
)
)
PCB 96-186
Complainants,
)
(Enforcement
-
Noise)
)
v.
)
)
SCHAUMBURG PARK
DISTRICT,
)
)
Respondent.
)
ORDER OF THE BOARD (by E.
Dunham):
On April
3,
1996,
Schaumburg Park District (Park District) filed a
“Motion to
Extend
Time
to Answer and to
Delay the Setting of Hearing”.
The complainants did not
file a
response to the motion.
The Park District requests that the date by
which it has to answer the complaint be
extended to
a date sometime after May 29,
1996
and
that any hearing not be set until at least
30 days thereafter.
The Park District contends that the additional time is
needed to review
proposals from noise control experts
and
to perform testing.
The complaint
in this matter was filed on March
5,
1996.
On March 21,
1996,
the
Board
ordered the parties to
submit briefs
to the Board by May 3,
1996 on whether the
complained of activity
is
an
“organized amateur or professional sporting activity” and whether
the claim alleges violations of the Act which
fall within the Board’s purview.
The Board has
requested these briefs
to
determine if this matter is
duplicitous or frivolous
before accepting
this matter for hearing.
The Board grants
the respondent’s motion for an extension of time to file its
answer.
The respondent shall file an answer to
the complaint on
or before June
14,
1996.
After receipt
of the briefs, if the Board determines that this matter
is not duplicitous or frivolous
and accepts
this matter for hearing,
a hearing officer will be assigned
to this case and set this matter for
hearing in accordance with Board practices after conferring with the parties.
The assigned
hearing officer shall inform the clerk ofthe Board ofthe time and location ofthe hearing at least
40 days in advance ofhearing so that public notice ofhearing may be published.
IT IS SO
ORDERED.
2
I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board,
hereby certify
that
the above order was adopted on the
/fZZ
day of
~
,
1996, by
a vote of
K2~ A.
Thorothy
M. 9~n, Clerk
Illinois PoU~i~bn
Control Board