ILLINOIS POLLUTION CONTROL BOARD
    November 19,
    1992
    VILLAGE OF MATTESON,
    )
    )
    Complainant,
    v
    )
    PCB 90—146
    (Enforcement)
    WORLD
    MUSIC
    THEATRE
    )
    JAN
    PRODUCTIONS,
    LTD.
    and
    )
    DISCOVERY SOUTH GROUP, LTD.,
    )
    Respondents.
    ORDER OF THE BOARD
    (by B.
    Forcade):
    This matter comes before the Board on Village of Matteson’s
    (Natteson’s) October 29,
    1992 “Withdrawal of Motion to Reopen
    Evidentiary Hearings’t and November 4,
    1992 “Withdrawal of Prior
    Pleading”.
    Also before the Board is a “Motion to Reset Last
    Allowable Hearing Date” filed by the respondents
    (Theatre)
    on
    November 12,
    1992.
    Matteson filed its response to Theatre’s
    motion on November 12,
    1992.
    On October
    9,
    1992,
    Matteson filed a motion to reopen
    evidentiary hearings in this matter.
    The Board granted this
    motion in an October 29,
    1992 order.
    The Board in granting the
    motion limited the scope of the hearing to noise complaints after
    the date of the last hearing and comments on a draft order
    proposed by the Board.
    The Board further ordered that all
    hearings be completed by December 18,
    1992.
    On the same date that the motion was granted, Matteson filed
    a request to withdraw its motion to reopen evidentiary hearings.
    On November
    4,
    1992, Matteson filed a “Withdrawal of Prior
    Pleading”.
    Natteson seeks to withdraw its request to withdraw
    its motion to reopen the hearings in this matter.
    Matteson
    states that after a review of the Board’s October 29,
    1992 order,
    it “welcomes the opportunity to supplement the record consistent
    with the recent directive of the Board”.
    Natteson’s request to
    withdraw its October 29,
    1992 filing is granted.
    On November 12,
    1992,
    respondent
    (Theatre) filed a motion to
    reset the last allowable hearing date.
    Theatre requests
    additional time to prepare for the hearing because Theatre
    expects the use of substantial expert testimony at hearing.
    Theatre notes that there is no basis for the December 18,
    1992
    completion date.
    Theatre argues that setting the hearing for a
    later date will allow additional time to provide public notice of
    the hearing.
    Theatre contends that holding the hearings prior to
    January 31,
    1993 will still allow ample time for the Board to
    reach its final decision and for Theatre to take any actions that
    may be ordered by the Board before the first concert in late May
    0137-0137

    2
    or early June,
    Matteson’s response to the motion was re~eivedby the Board
    on November 12,
    1992.
    Matteson asserts that the date for the
    hearing should not be extended.
    Matteson argues that there
    is
    sufficient time to prepare given the extended record in this
    matter.
    Matteson argues that the date for the completion of
    hearing should be firmly set to avoid additional delays.
    The Board notes that this matter was originally filed before
    the Board in August of 1990.
    An interim order was issued by the
    Board on May 25,
    1991,
    finding Theatre
    in violation of the Act
    and ordering Theatre to prepare a report on the sound levels and
    suggest a remedy.
    The Board
    is concerned with the length of this
    proceeding and the numerous delays and extensions in the history
    of this proceeding.
    Theatre has previously requested to postpone a scheduled
    hearing to allow additional time to prepare for a hearing.
    In
    a
    March 26,
    1992 order, the Board ordered the parties to conduct
    additional hearings on possible sound control measurements.
    A
    hearing was scheduled for June
    9,
    1992.
    On May 19,
    1992,
    Theatre
    sought a 30 day postponement in order to present its case
    effectively because the hearing would coincide with the re-
    opening of the theater, prohibiting Theatre personnel from
    testifying at the hearing.
    On June 4,
    1992,
    the Board denied
    respondents motion for postponement but noted that the hearing
    could be continued to allow for additional testimony.
    At the
    completion of the June
    9 hearing an additional hearing was
    scheduled for July
    9,
    later another hearing was scheduled for
    July 27.
    Despite these additional hearing dates, respondents did
    not present any witnesses at the hearings held in 1992.
    The
    respot~dentshad adequate time in which to prepare for hearing
    considering the continuing nature of this matter and that
    subsequent hearings were scheduled 30 and 48 days after the
    completion of the June
    9,
    1992 hearing.
    Considering Theatre’s failure to present testimony on noise
    abatement methods in prior hearings and their request for
    previous postponements, the Board is reluctant to extend the date
    for the completion of the additional hearings.
    The Board feels
    that, if noise control
    is required that it should be implemented
    by Theatre at the start of the 1993 concert season.
    The Board
    also feels that control concepts must be known before commitments
    are made by the various performing artists.
    In this manner the
    artists can be forewarned of any sound limitations or controls
    when contracting
    a performance.
    While the Board realizes that a
    limited amount of time was allowed to prepare for hearing,
    the
    Board believes that the time allowed was adequate to prepare for
    the hearing considering the limited scope
    of the hearing and the
    continuing nature of the proceeding.
    The scope of the hearing
    was articulated
    in the Board’s October
    29,,
    1992.
    U
    37-0
    138

    3
    Theatre contends that holding the hearing at a later date
    will not prohibit Theatre from taking any actions required by any
    future Board orders prior to the start of the concert season.
    However,
    the extent of any actions required to remedy the noise
    problem are not presently known,
    so a definite timetable cannot
    be determined at this time.
    The earlier that the Board is able
    to issue its final decision will increase the amount of time
    available to Theatre before the start of the concert season to
    implement any sound control program.
    The Board is also aware
    that any noise control system will require a considerable amount
    of fine tuning to properly control the sound.
    The additional
    time will help to assure that any sound control system satisfies
    the
    goals
    of
    the
    Board
    order.
    In Theatre’s response to the motion to reopen evidentiary
    hearings filed on October 16,
    1992, Theatre noted that reopening
    of the hearings may jeopardize the 1993 concert season by
    reducing the length of time Theatre has to prepare for the
    1993
    concert season
    in compliance with the final order. The Board
    selected December 18,
    1992 deadline to permit the Board to issue
    its final order in early
    1993 and not cause a substantial
    reduction in the time available for Theatre to prepare for the
    1993 season.
    In selecting a completion date,
    the Board also
    considered the time needed to schedule a hearing date and provide
    public notice.
    Public notice of any hearing must be published at least 20
    days prior to the hearing date in
    a paper of general circulation
    in
    the
    county
    in
    which
    the
    hearing
    is
    to be held.
    (35 Iii.
    Adm.
    Code
    102.162(a)(1).)
    Under
    the
    present
    hearing
    schedule
    there
    is
    no
    problem
    of
    providing
    sufficient
    public
    notice
    of
    the
    hearing.
    While Theatre requests additional time to prepare for the
    hearing,
    it provides no specific
    reason
    why
    additional
    time
    is
    needed.
    Theatre’s
    motion
    is
    not
    supported
    by
    affidavit.
    The
    motion does not specify any witness that is unavailable for the
    scheduled date or inability to obtain specific information by the
    date of the hearings.
    Theatre does not provide a specified
    reason
    why
    a
    change
    of
    the
    date
    for
    completion
    of
    hearings
    to
    January
    31,
    1993
    would
    provide
    sufficient
    time.
    The Board denies Theatre’s motion to extend the date for
    completion of the hearing.
    Accordingly, the Board instructs the
    parties to proceed with the additional hearings
    in this matter in
    accordance with the October 29,
    1992 Board order,
    The Board notes that hearings have been scheduled in this
    matter for December 16 and 17,
    1992.
    Considering the motions
    presently before the Board and the scheduled dates
    of the
    hearings,
    the Board will allow the hearing officer some
    flexibility in satisfying the date for completion of hearing.
    If
    0137-0139

    4
    at the completion of the scheduled hearings, upon a showing by
    either
    party
    that
    time
    constraints
    prohibited
    the
    moving
    party
    from presenting testimony from an available witness, the hearing
    officer may continue the hearing.
    However,
    irt no event shall any
    hearing be continued beyond December 23,
    1992.
    IT
    IS
    SO
    ORDERED.
    I,
    Dorothy
    M.
    Gunn,
    Clerk
    of
    the
    Illinois
    Pollution
    Control
    Board1 hereby certify that tj~e~
    above order was adopted on the
    _____________day of
    ~
    ,
    1992, by a vote of
    I’
    (I
    ffl37-0H40
    Control Board

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