ILLINOIS POLLUTION CONTROL BOARD
February 15, 2001
STEPHEN M. LARDNER,
Complainant,
v.
DOMINICK'S FINER FOODS, INC., THE
LANDOWNER OF LONGMEADOW
COMMONS, WASTE MANAGEMENT,
MUNDELEIN DISPOSAL, and BFI,
Respondents.
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PCB 00-92
(Enforcement – Noise, Citizens)
ORDER OF THE BOARD (by M. McFawn):
On December 1, 1999, Stephen Lardner (complainant) filed a complaint against a
Dominick’s Finer Foods (Dominick’s). The complaint alleged that Dominick’s operation of a
loading dock at its 1150 W. Maple Ave. site, in Mundelein, Illinois, in close proximity to
complainant’s property was in violation of 415 ILCS 5/23 and 5/24, and 35 Ill. Adm. Code
900.102(a) and (b). The complaint alleged that trucks arrived at the loading dock at 12 midnight,
and 3:00 a.m., and that compressor noises from refrigerator trailers parked at the loading dock
turned on every 15 minutes, for a duration of about five minutes, 24 hours a day.
On February 2, 2000, complainant filed an amended complaint that added the Landowner
of Longmeadow Commons, Waste Management, Mundelein Disposal, and BFI as respondents.
The amended complaint alleged the same noise violations as the original, but also added waste
pick up noises, allegedly occurring as early as 4:00 a.m., several times a week.
On January 17, 2001, complainant and Mundelein Disposal filed a stipulation and
proposal for settlement as to Mundelein Disposal with the Board. The stipulation and proposed
settlement were not served on the remaining respondents. In the proposed settlement,
complainant agrees to release and waive claims he may have against Mundelein Disposal for
those violations alleged in the amended complaint. In return, Mundelein agrees to commence
waste pickup only between 7:00 a.m. and 7:00 p.m. The stipulation does not call for any cash
penalty. Mundelein Disposal denies the violations, and further states that the provisions of 415
ILCS 5/24 or 35 Ill. Adm. Code 900.102 do not apply to Mundelein Disposal while doing
business at the Longmeadow Commons Shopping Center.
Pursuant to Section 31(d) of the Environmental Protection Act (Act), once the Board
determines that a complaint is neither duplicitous nor frivolous, it shall schedule a hearing
(415 ILCS 5/31(d) (1998)). The Board cannot waive this statutory requirement that a hearing be
held.
1
If the parties desire the Board to enter the stipulation and proposed settlement agreement
on the record, it must be presented at hearing. However, if complainant and Mundelein Disposal
do not wish the stipulation and proposed settlement agreement entered into the record, the
complainant may file a motion to dismiss Mundelein Disposal from the complaint.
In addition, as noted above, the parties did not serve the stipulation and proposal for
settlement on respondents Dominick's Finer Foods, Inc., the Landowner of Longmeadow
Commons, Waste Management, and BFI. Section 101.304(b) provides that the duty to serve all
documents filed with the Clerk of the Board rests with the filing party. 35 Ill. Adm. Code
101.304(b). Pursuant to Section 101.304(d), the Board may dismiss a proceeding, and subject
parties to sanctions, if service is not timely made. 35 Ill. Adm. Code 101.304(d)
However, at this time, the Board will not accept the stipulation and proposed settlement.
The parties are free to re-present this or any other stipulation at hearing.
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 15th day of February 2001 by a vote of 7-0.
Dorothy M. Gunn, Clerk
Illinois Pollution Control Board
1
Section 31(c)(2) of the Act specifically allows the parties to file a stipulation and proposal for
settlement accompanied by a request for relief from the hearing requirement when a complaint
has been filed on behalf of the Agency or by the People of the State of Illinois. 415 ILCS
5/31(c)(2) (1998).
