Ii J
I
NO
I
S
POLLUTT ON
CONTI~OI
I3OAld)
September
9,
I~)~)I
J)ALE
D~’I”ILAl~l~
and
)
I) El~ORAH
DETTLAFF
,
Complainants
PCI3
92-~2~
V.
(Enforcement.)
EDUAPDO
P.
13OADO and
EPB PARK SERVICES,
INC.,
Respondents.
ORDER OF
THE
BOARD
(by B.
Forcade):
This matter
comes
before the Board on a “Notion for
Reconsideration”
filed on August
2,
1993 by Dale Dettlaff and
Deborah Dettlaff
(Dettlaffs).
The respondents filed a response
to the motion for reconsideration on August
12,
1993.
The Dettlaffs petition the Board to reconsider its order of
July
1,
1993 which found no violation of the Board’s noise
regulations and dismissed the matter.
The Dettlaffs claim that
several facts in the record were overlooked by the Board which
led to error
in the Board’s decision.
In particular the
Dettlaffs claim that the Board overlooked evidence concerning the
Dettlaffs use of the property,
the sound measurements taken by
the police department, the ownership of the property by Deborah
Dettlaff’s family for fifty years, modifications to the park and
testimony from other neighbors and police officers.
The respondents contend that the motion for reconsideration
should be denied.
Respondents argue that the Board thoroughly
considered the record and that the decision was not in error.
The Board denies the motion for reconsideration.
The Board
fully considered the evidence in the record and properly weighed
all the evidence
in making its decision.
The evidence as
presented
in the motion for reconsideration does not compel the
Board to reconsider
its decision of July
1,
1993.
This docket
is
hereby closed.
IT
IS SO ORDERED.
Section
41
of
the
Environmental Protection Act,
(415 ILCS
5/41
(1992)), provides for appeal of
final orders
of the Board
within 35 days.
rI~he
Rules of the Supreme Court
of
Illinois
esta
b
1
i sb
f i
I
i nq
requ
i rements
2
I,
Dorothy
t4.
Gunn,
Clerk of the Illinois Pollution Control
Board,
hereby certify that t~eabove order was adopted on the
7~/
day
of
~
~
,
1993,
by
a vote of
-
a,
J•
-,
Dorothy N.
GUnn,
Clerk
Illinois Pollution Control Board