ILLINOIS POLLUTION CONTROL BOARD
June
30,
1988
CITIZENS OF BURBANK,
Complainants,
v.
)
PCB 84—124
OVERNITE TRANSPORTATION COMPANY,
Respondent.
ORDER OF THE BOARD
(by
B.
Forcade):
This matter
is before the Board on the May 26,
1988 Motion
for Reconsideration or Request
for Hearing of Overnite Trans-
portation Company
(hereinafter
“Overnite”),
as supplemented June
13,
1988.
That motion seeks
reconsideration of the Board’s April
21,
1988 Opinion and Order
requiring Overnite
to complete two
phases
of noise
emissions mitigation measures recommended
in the
June 16,
1986 and July
3,
1986 reports by ETA,
Inc.,
a consulting
firm retained by Overnite.
By its June
16,
1988 Order,
the Board
granted
30 days for the Citizens
of Burbank
(hereinafter
“Citizens”)
to respond
to Overnite’s motion.
The Citizens
responded by a letter dated June 27,
1988, received by the Board
June
29,
and copied
to Overnite’s attorney.
In addition, on June
30,
1988,
the Board received another citizen objection
to
reconsideration.
The Board proceeds
to deny both reconsideration
and additional hearings.
As stated by the Board in its June
16 Order,
Overnite fails
to provide any additional
information not previously considered
by this Board.
Contrary to Overnite’s assertions,
the Board did
not require “additional noise reduction procedures”
by its April
21,
1988 Opinion and Order.
Rather,
that order merely required
Overnite
to adopt
the recommendations of
its consulting
engineers,
ETA,
Inc.,
as originally mandated by the Board’s
January
8,
1987 Interim Order.
The Citizens’
response to this motion indicates that
Overnite’s emissions are not adequately mitigated with only
partial compliance with the January
8,
1987 and April
21,
1988
Board orders.
The response also implies that Overnite’s partial
compliance efforts may have deteriorated since the time of the
September
17,
1987 amended final
report.
It
is sufficient
for the purposes
of this present proceeding
that Overnite comply with the Board’s January
8,
1987 Interim
Order and April
21,
1988 Opinion,
and that Overnite adopt the
September 17,
1987 noise mitigation recommendations
of
its
90—4 7 1
—2—
consultants,
ETA,
Inc.
The Motion for Reconsideration
or
Request
for Hearing
is hereby denied.
IT
IS SO ORDERED
Board Members J.
Theodore Meyer and J.
Anderson dissented.
I, Dorothy M.
Gunn, Clerk
of the Illinois Pollution Control
Board, hereby certify
/
at the above Order was adopted on
the
,.3otT~ day of ________________________,
1988, by a vote
of
~
.
/L~
Dorothy M~Gunn, Clerk
Illinois Pollution Control Board
90—472