ILLINOIS POLLUTION CONTROL BOARD
August 4, 2005
DORIS GLAVE and GLENN GLAVE,
Complainants,
v.
BRENT HARRIS, PATTY HARRIS and
WINDS CHANT KENNEL, INC.,
Respondents.
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PCB 02-11
(Citizens Enforcement - Noise)
VILLAGE OF GRAYSLAKE,
Complainant,
v.
WINDS CHANT KENNEL, INC.,
Respondent.
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PCB 02-32
(Citizens Enforcement - Noise)
(Consolidated)
ORDER OF THE BOARD (by T.E. Johnson):
This consolidated matter is before the Board on complaints filed by the Village of
Grayslake (Grayslake), and Doris Glave and Glenn Glave (Glaves). The complaints concern
allegations that the respondents violated the Environmental Protection Act (Act) (415 ILCS 5/1
et al.
(2004)), and Board noise regulations at a boarding kennel located in Grayslake, Lake
County.
On July 14, 2005, the parties filed a joint motion to stay. In the motion, the parties assert
that a settlement has been reached in this matter. Mot. at 1. The parties assert that respondents
have agreed to build an enclosed kennel at a different location on respondents’ property and have
agreed to cease using the existing kennel to house dogs or other noise-making animals. Mot. at
1-2. As a result, the complainants have agreed to dismiss their complaints with prejudice, but
not until the earlier of 21 days after the Village of Grayslake issues a certificate of occupancy or
May 2, 2006. Mot. at 2.
In the motion, the parties ask the Board to stay these proceedings until May 3, 2006, to
allow the construction of the new kennel. Mot. at 2. The parties assert that a stay protects the
complainants’ interests, that the enforcement cases have no decision deadline, and that a stay
would allow the implementation of the parties agreement, thereby conserving the parties’
resources. Mot. at 2-3.
2
Motions to stay proceedings must be directed to the Board, and accompanied by
sufficient information detailing why a stay is needed. 35 Ill. Adm. Code 101.514. In decision
deadline proceedings, a waiver of the decision deadline must accompany the motion.
Id
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The Board finds that the parties have satisfied the requirements set forth in Section
101.514 of the Board’s rules. Thus, the motion to stay the proceedings is granted. This
consolidated matter is hereby stayed until May 3, 2006. At the close of the stay, the parties must
file a status report in accordance with Section 101.514 of the Board’s rules.
See
35 Ill. Adm.
Code 101.514.
IT IS SO ORDERED.
I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, certify that the Board
adopted the above order on August 4, 2005, by a vote of 5-0.
Dorothy M. Gunn, Clerk
Illinois Pollution Control Board