ILLINOIS POLLUTION CONTROL BOARD
    June 23,
    1992
    JOSEPH B.
    STRATTON and
    )
    PAMELA
    J.
    STRATTON,
    )
    Complainants,
    )
    )
    v.
    )
    PCB 90—108
    (Enforcement)
    CHARLES
    M.
    ROCK
    and
    )
    LITTLE
    CAESAR’S
    PIZZA,
    )
    Respondents.
    ORDER OF THE BOARD
    (by
    3. Theodore Meyer):
    This matter is before the Board on its own motion.
    This
    proceeding is
    a noise enforcement case brought by Joseph and
    Pamela Stratton against respondents Charles N. Rock and Little
    Caesar’s Pizza.
    On May
    9,
    1991, the Board found that the noise
    emitted from a compressor unit and a fan on Little Caesar’s roof
    constituted an unreasonable interference with the Strattons’ use
    and enjoyment of their property,
    in violation of Section 24 of
    the Environmental Protection Act (Ill.Rev.Stat.
    1989,
    ch.
    111½,
    par.
    1024)
    arid 35 Il1.Adin.Code 900.102.
    On October 10,
    1991,
    at
    the Strattons’
    request for additional relief,
    the Board reopened
    this proceeding.
    On November 8,
    1991,
    respondents filed their
    response to the Strattons’ allegations that the noise barriers
    installed pursuant to the Board’s Nay 9,
    1991 order are
    insufficient.
    On December 11,
    1991, the Strattons filed a motior
    for additional relief,
    in response to the respondents’ November
    filing.
    Finally,
    on December 16,
    1991,
    Little Caesar’s filed an
    objection to the Strattons’ motion for additional relief.
    The Board has reviewed the allegations made by the Strattons
    and by both respondents,
    and finds that there must be an
    additional evidentiary hearing in this matter.
    This hearing is
    limited to the issue of whether the actions taken by respondents
    in response to the Board’s May 9,
    1991 order were sufficient to
    fulfill the terms of that order.
    The hearing officer
    is directed
    to set this case for hearing as expeditiously as possible.
    Finally, the Board notes that on December
    16,
    1991,
    J. Reed
    Roesler of Keck,
    Mahin
    & Cate filed an appearance on behalf of
    Little Caesar’s Pizza.
    At hearing,
    Mr.
    Reed should make clear
    whether or not he also represents Charles M.
    Rock.
    IT
    IS
    SO
    ORDERED.
    I
    34—293
    2
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control
    Board, hereby certify that the above order was adopted ~n
    the
    ~
    day of
    _______________,
    1992, by a vote of
    /~•~
    /~_
    ~
    ~
    ~i)~3.
    Dorothy M.
    Gx1i7~,
    Clerk
    Illinois Po~j~itionControl Board
    I
    34—2
    94

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