ILLINOIS POLLUTION CONTROL BOARD
    February 17,
    1994
    SCOTT
    AND
    KAREN THOMAS,
    )
    )
    Complainants,
    PCB 91—195
    V.
    )
    (Enforcement)
    CARRY COMPANIES OF ILLINOIS,
    )
    Respondent.
    ORDER OF THE BOARD
    (by E. Dunham):
    This matter is before the Board on a complaint filed by
    Karen and Scott Thomas (complainants) on October 16,
    1991.
    On
    August 5,
    1994, the Board found that the noise and dust emanating
    from respondent’s property unreasonably interfered with
    complainants’ enjoyment of life.
    Respondent was ordered to study
    the economic reasonableness and technical feasibility of any
    control options which it may deem appropriate to reduce the noise
    and dust emissions from its facility.
    These studies were filed
    on December 1,
    1993.
    Complainants were to have filed a response
    to the studies no later than January 15, 1994.
    Accompanying
    their response, complainants’ filed a motion for a four day
    extension of time to file the same on January 19,
    1994; the
    motion was granted on February 3,
    1994.
    On January 27,
    1994,
    respondents filed a motion for leave to file reply instanter.
    Complainants have not responded to that motion.
    In general, the Board’s procedural rules do not allow a
    party to file a reply as a matter of right.
    However, the Board
    may permit a party to reply to prevent material prejudice.
    (35
    Ill. Adm. Code 101.242)
    Since the information contained in the
    reply may assist the Board in its ultimate resolution of this
    matter, the Board hereby grants respondent’s motion to file its
    reply instanter.
    IT IS SO ORDERED.
    R.C. Flemal dissented.
    I, Dorothy
    M. Gunn,
    Clerk of the Illinois Pollution Control
    Board,
    do hereby certif
    that the above order was adopted on the
    /7~Z-~
    day of
    _____________,
    1994,
    by a vote of
    5—/
    ~
    //L~
    Dorothy M. ,ø,i~inn, Clerk
    Illinois P6~lutionControl Board

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