ILLINOIS POLLUTION CONTROL BOARD
    March
    3,
    1994
    JAMES M. TONNE and
    )
    JEANINE
    F.
    TONNE,
    )
    Complainant,
    PCB 93—44
    v.
    )
    (Enforcement)
    LEANINGTON FOODS,
    )
    Respondent.
    ORDER OF THE BOARD
    (by E. Dunham):
    On March
    2,
    1993, James M. Tonne and Jeanine
    F.
    Tonne
    (Tonnes) filed a formal complaint against Leamington Foods
    (respondent).
    The Tonnes allege that the refrigeration fans at
    respondent’s store are emitting noise in violation of Sections 23
    and 24 of the Environmental Protection Act (415 ILCS 5/23 and 24
    (1992)).
    On July 13,
    1993,
    the hearing officer entered an order
    postponing hearing in this matter indefinitely.
    The hearing
    officer’s order also stated that respondent’s business had been
    sold and that the equipment at issue has not been operating.
    The
    hearing officer ordered the parties to report on the status of
    this matter by October
    6,
    1993.
    No status reports were filed
    with the hearing officer or the Board.
    Considering these facts and the parties’ inaction in this
    matter, the Board
    believes that this matter
    is subject to
    dismissal for want of prosecution.
    The Board hereby orders the
    complainants to show cause why this matter should not be
    dismissed.
    Complainants shall file their reply by April
    15,
    1994.
    Failure to comply with this order may result
    in this
    matter being dismissed at the Board’s meeting on April 21,
    1994.
    IT IS SO ORDERED.
    I, Dorothy M. Gunn,
    Clerk of the Illinois Pollution Control
    Board, hereby certify that the above order was adopted on the
    ~/~-
    day of
    ~
    ,
    1994, by a vote of
    ~
    ~
    Dorothy M. Gt4,
    Clerk
    Illinois Pol~j’tionControl Board

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