ILLINOIS POLLUTION CONTROL BOARD
    September 27,
    1990
    BRIAN
    3.
    PETER,
    )
    Complainant,
    PCB 89—151
    v.
    )
    (Enforcement)
    )
    GENEVA MEAT
    AND
    FISH
    MARKET
    and
    )
    GARY PIKULSKI,
    Respondent.
    ORDER OF THE BOARD
    (by R.
    C.
    Flemal):
    On
    September
    17,
    1990,
    Respondent
    filed
    a
    motion
    for
    additional
    time to submit
    a report
    to the
    Board
    to demonstrate
    compliance with the applicable Board noise regulations.
    By Board
    Order issued August
    30,
    1990,
    the report was due to be filed not
    later than September 15, 1990.
    Respondent requests until November
    15, 1990 to file the report.
    As reason for the request, Respondent
    claims
    inability
    to
    obtain
    the report
    within
    the
    time
    period
    allowed by the Board.
    On
    September
    18,
    1990,
    Complainant
    filed
    an
    objection to
    Respondent’s
    motion,
    stating
    that
    Respondent
    has
    received
    extensions of time on July
    3
    and August
    30,
    1990.
    Complainant
    requests that the Board deny Respondent’s request for extension of
    time and that the Board “proceed with such enforcement penalties
    instanter as this Board determines necessary and just”.
    The intent
    of Complainant’s motion appears to be an attempt to indicate by
    many extensions that there has been delay on the part of Respondent
    to come into compliance.
    The Board notes that on April
    27,
    1990,
    Respondent filed
    a
    report with the Board describing abatement procedures.
    Such report
    was ordered by the Board and was due to be filed April
    30,
    1990.
    On June
    14,
    1990,
    Respondent
    further alleged compliance with the
    applicable noise regulations, as
    it believed the report indicated
    such
    compliance,
    but
    requested
    additional
    time
    to
    demonstrate
    compliance.
    No response was
    filed by Complainant.
    On July
    3,
    1990, the Board granted Respondent additional time to demonstrate
    compliance with Board noise regulations.
    The Board further notes that its August 30, 1990 Order was in
    response to a motion to dismiss filed by Respondent, not a motion
    for
    additional
    time.
    Respondent had requested
    that the
    Board
    dismiss this proceeding,
    claiming that the April
    27,
    1990 report
    it submitted showed substantial compliance with the Board’s noise
    regulations.
    Complainant did not respond to the motion to dismiss.
    The Board found that the report showed that reductions in the noise
    levels
    had
    been
    achieved,
    but
    that
    non-compliance
    with
    the
    regulations
    is still
    indicated.
    Upon ruling that Respondent was
    115—87
    2
    not
    in
    compliance,
    the
    Board gave Respondent
    additional time to
    demonstrate compliance.
    The Board
    finds that
    Respondent could have honestly believed
    that
    it was
    in compliance.
    The record indicates that Respondent
    has made efforts to comply by timely submitting a report describing
    abatement procedures and installing abatement devices.
    The Board
    does note that Respondent has not given reasons for its difficulty
    in obtaining its report demonstratinq compliance.
    Although
    reluctantly,
    the
    Board
    grants
    Respondent’s motion
    for additional
    time,
    but only
    until
    November
    1,
    1990.
    In
    an
    effort
    to
    prevent any
    future
    delay,
    the
    Board states that this
    shall
    be
    the last extension granted.
    Respondent
    shall
    submit
    a
    report to the Board and C~~‘plainant
    ~ich demonstrates compliance
    ~ith all applicable
    Boarc
    regulatic
    not later tnan November
    1,
    1990.
    IT IS SO ORDERED.
    I,
    Dorothy N.
    Gunn,
    Clerk
    of
    t
    .e Illinois Pollution Control
    Board, hereby certify that the above Order was adopted on the
    day of
    _________________,
    1990,
    by a vote of
    ___________
    Dorothy
    M.
    Gunn, Clerk
    Illinois Pollution Control Board
    I
    1
    ~

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