ILLINOIS POLLUTION CONTROL BOARD
    April
    22,
    1993
    VILLAGE OF MATTESON,
    )
    )
    Complainant,
    v.
    )
    PCB 90—146
    (Enforcement)
    DISCOVERY SOUTH GROUP,
    LTD.,
    )
    MUSIC CENTER ASSOCIATES LIMITED
    )
    PARTNERSHIP and TINLEY PARK
    )
    JAM
    CORP.,
    )
    Respondents.
    ORDER OF THE BOARD
    (by B.
    Forcade):
    On March
    29,
    1993,
    respondents
    (Theatre)
    filed
    a motion for
    clarification of the Board’s February 25, 1993
    order.
    The
    Village of Matteson
    (Natteson)
    filed its response
    to the motion
    on April
    5,
    1993.
    On April
    6,
    1993,
    Theatre filed a motion for
    leave to file a reply and its reply to Matteson’s response.
    The
    Board grants Theatre leave
    to file its reply.
    On April
    15,
    1993,
    Discovery South Group, Ltd filed
    a “Motion for Leave to File
    Stipulation and Amended Appearance”.
    The motion for leave to
    file
    is granted and the Board accepts the filing of the
    stipulation and the amended appearance.
    Theatre seeks clarification of the following issues from the
    Board’s final order dated February 25,
    1993.
    1.
    On page
    28 of the order Stephen Mccarthy was misspelled.
    Page
    37 and
    39 refer to testimony by Mike McCarthy which
    should be changed to Stephen Mccarthy.
    2.
    A sentence was omitted from the bottom of page
    51 continuing
    to the top of page
    52.
    3.
    Theatre requests that the requirement that “Theatre shall
    provide the complainants with a copy of the sound monitoring
    report for each concert event within 3 days of such event”
    on page 50 and
    57 be changed to “within
    3 working days of
    such event.”
    4.
    The order should be clarified to reflect that Discovery
    South Group is the only proper respondent to this action.
    Theatre argues that many concerts occur
    on Fridays and
    Saturdays and consultants do not perform data analysis during
    weekends.
    Theatre contends that
    3 working days
    is consistent
    with the procedure used with prior monitoring.
    Theatre contends
    that World Music Theatre
    is a building and not a legal entity.
    Theatre also contends that Jam Productions Ltd.
    is a talent
    O1~I-O!77
    2
    booking Agency but does not book talent for World Music Theatre.
    Theatre asserts that Discovery South Group,
    Ltd.
    is solely
    responsible for the management of the theater and
    is therefore
    the proper party.
    Matteson contends that the court of first hearing loses
    jurisdiction after 30 days from entry of a final order.
    (Midwest
    Bank and Trust Co.
    v. Village
    of Lakewood
    (1983),
    113 Ill.
    App.
    3d 962,
    447 N.E.2d 1358.)
    Matteson in its response presented no
    objection to clarification of the first three issues but objected
    to dismissing any of respondents.
    In its reply, Theatre seeks to name the proper entities as
    respondents.
    Theatre contends that the proper respondents are
    Discovery South Group,
    Ltd.
    (theater’s operator)
    ,
    Music Center
    Associates Limited Partnership
    (theater’s owner),
    and Tinley Park
    JAM Corp.
    (the booking agent for theater).
    Theatre contends that
    it has previously informed counsel for Matteson that Discovery
    South Group,
    Ltd.
    was
    the only properly named respondent
    in the
    petition.
    Theatre maintains that this matter can be settled by
    the Board on the present motions and that delaying resolution of
    this matter will cause the expenditure of additional time and
    money.
    The stipulation entered by Matteson and Discovery South
    Group states that the parties have agreed that the proper
    respondents should be Discovery South Group,
    Ltd., Music Center
    Associates Limited Partnership and Tinley Park JAM Corp.
    Further, the parties agree that World Music Theatre,
    JAM
    Productions and Gierczyk’s Development,
    Inc.
    should be dismissed
    from the action and removed from the caption.
    The stipulation
    also states that Music Center Associates Limited Partnership and
    Tinley Park JAM Corp. waive their due process right to have
    participated
    in the Board’s hearings and acknowledge they are
    fully and completely bound by all Board orders entered
    in this
    matter.
    Considering the filing of the stipulation, Matteson has
    withdrawn the objections
    presented
    in its response and agrees to
    a change of the respondents.
    The Board finds that it has jurisdiction to review this
    motion.
    The Board’s procedural rules allow for the correction of
    clerical mistakes or errors at any time.
    (35 Ill.
    Adm. Code
    103.241.)
    Therefore,
    the motion for clarification is properly
    before the Board.
    As Matteson does not object to clarification
    of the first three issues in the motion and the parties have
    entered a stipulation on the fourth issue, the Board grants the
    motion for clarification.
    The Board notes that on page
    37 and
    39 of the February 25,
    1993 order Mike Mccarthy should be changed to Stephen Mccarthy.
    The Board further notes that the correct spelling
    is Stephen and
    was misspelled
    on page
    28 of the order.
    01L41-0178
    3
    A sentence was inadvertently omitted from the final order on
    page 51.
    The last paragraph on page
    51 should have read
    (the
    portion which was mistakenly omitted from the final order
    is
    underlined)
    Based on the nature of this violation and the
    history of this proceeding,
    the Board finds
    it
    appropriate to assess
    a penalty at this time.
    While
    the Board finds merit
    in imposing an incremental
    penalty to deter future violations,
    due to the
    particulars of the present situation an automatic
    incremental penalty may be inappropriate.
    Section
    42(a)
    of the Act allows the Board to impose a penalty,
    not to exceed $50,000 for each violation and an
    additional penalty, not to exceed $10,000 for each day
    the violation continues.
    In determining the
    appropriate amount of any penalty the Board reviews the
    factors
    in Section 42(h)
    of the Act.
    The requirement that “Theatre shall provide the complainants
    with
    a copy of the sound monitoring report for each concert event
    within
    3 days of such event’t on page 50 and 57 should be changed
    to “within 3 working days of such event.”
    As the stipulation represents that the parties have agreed
    to the change in respondents,
    the Board grants clarification on
    this issue.
    The Board will add Music Center Associates Limited
    Partnership and Tinley Park
    JAM
    Corp. as respondents
    in this
    matter.
    The Board also dismisses World Music Theatre and
    JAM
    Productions,
    Ltd. as respondents in this matter.
    The stipulation
    notes that Gierczyk Development,
    Inc.
    should be dismissed from
    this proceeding and removed from the caption.
    The Board notes
    that Gierczyk Development,
    Inc. was dismissed from this
    proceeding
    in the Board’s April 25,
    1991 Interim Opinion and
    Order for lack of service and that the caption was subsequently
    modified.
    The Board has modified the caption in this order to
    reflect the change
    in respondents as agreed to by the parties.
    IT IS SO ORDERED.
    I, Dorothy N.
    Gunn,
    Clerk of the Illinois Pollution Control
    Board, I~erebycertify that the above order was adopted on the
    ~~day
    of
    ____________________
    ,
    1993,
    by a vote of
    ~
    -o
    •
    I,
    ~
    ~.
    Dorothy M. ,21,~nn, C1er~c
    Illinois PoJ/Lution Control Board
    OIL~I
    -0179

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