ILLINOIS POLLUTION CONTROL BOARD
    October 10,
    1991
    JOSEPH
    B.
    STRATTON,
    and
    )
    PAMELA
    J.
    STRATTON,
    )
    )
    Complainants,
    V.
    )
    PCB 90—108
    (Enforcement)
    CHARLES M. ROCK,
    and
    )
    LITTLE OAESAR’S PIZZA,
    )
    )
    Respondents.
    ORDER OF THE BOARD
    (by J.
    C. Marlin):
    This matter comes before the Board on the August 26,
    1991
    letter from Complainants requesting additional relief from the
    Board’s Order entered on May 9,
    1991.
    In the May 9,
    1991 Opinion
    and Order, the Board found that the noise emitted from two units
    located on Respondents’ roof constituted an unreasonable
    interference with the use and enjoyment of Complainants’ property
    in violation of Section 24 of the Environmental Protection Act
    (Ill. Rev.
    Stat.
    1989 ch.
    111 1/2, par.
    1024)
    and 35
    Ill. Adm.
    Code 900.102.
    The Board ordered Respondents to take several
    steps to attain compliance with the Board regulations and to
    cease and desist from any further noise violations no later than
    July 31,
    1991.
    The Complainants originally filed their letter with the
    Board on August
    12,
    1991.
    Due to service deficiencies,
    they
    refiled the letter with proper service upon Respondents on August
    26,
    1991.
    The letter alleges that Respondents have erected noise
    barriers which contain approximate one inch gaps every four
    inches and have an approximate ten inch gap at the bottom.
    This
    description is supported by a photograph of the roof units and
    barrier.
    Although the Board’s procedural rules do not provide for
    this situation, the Board will reopen this case
    in the interest
    of administrative economy.
    The Board grants the motion and
    orders this case reopened.
    The Respondents are hereby ordered to file a response with
    the Board.
    Specifically, the reply shall contain a description
    of the respondents’ actions with regards to the requirements of
    2(a),
    (b),
    (c), and
    (d)
    of the Board’s Order of May 9,
    1991.
    The
    reply
    is to be filed in the Board’s offices no later than October
    31,
    1991.
    126—425
    IT IS SO ORDERED.
    Board Member J.
    D.
    Duinelle dissented.
    I, Dorothy M.
    Gunn, Clerk of the Illinois Pollution Control
    Board,~J3erebycertify tha~~
    above Order was adopted on the
    /~“
    day of
    _______________,
    1991,
    by a vote of
    ,5__—
    I,’
    Control Board
    126—426

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