ILLINOIS POLLUTION CONTROL BOARD
    October 24,
    1991
    JOHN ZARLENGA and
    )
    JEAN
    ZARLENGA,
    )
    Complainants,
    V.
    PCB 89—169
    (Enforcement)
    BLOOMINGDALE PARTNERS, an
    )
    Illinois Limited Partnership,
    )
    HOWARD EDISON,
    BRUCE NCCLAREN,
    )
    and GARY LAXEN,
    )
    )
    Respondents.
    ORDER OF THE BOARD
    (by J. Anderson):
    On September 27,
    1991,
    Blooniingdale Partners, an Illinois
    Limited Partnership, Howard Edison, and Bruce McClaren
    (“respondents”)
    filed a motion asking for an extension of time to
    comply with the Board’s Nay 9,
    1991 Board’s Interim Opinion and
    Order.
    On October
    10,
    1991, John and Jean Zarlenga
    (“Zarlenga”)
    filed
    a response to respondents’ motion as well as a request for
    leave to respond to respondents’ motion.
    In their motion, respondents ask that the Board grant them
    another 30 day extension,
    from September 30,
    1991 until October
    31,
    1991,
    in which to submit to the Board and the Zarlengas a
    report on the methods of reducing or eliminating the noise
    pollution emitted from One Bloomingdale Place.
    In support of
    their motion, respondents state that they have retained an
    acoustician who has begun an evaluation of the sound emissions.
    Respondents note, however, that the acoustician has been unable
    to complete all of the tests necessary to evaluate the sound
    emissions because inclement weather and delays in connection with
    the reorganization.
    In their motion, the Zarlengas ask that the Board grant them
    leave to respond to respondents’ motion instanter.
    In support of
    their request, the Zarlengas state that their attorney did not
    receive notice of respondents’ motion until October 2,
    1991, and
    that their attorney was unable to respond to the motion within
    the six working days between October 2,
    1991, and the Board’s
    October 10,
    1991 meeting because he had no time to consult with
    respondents’ attorneys or them.
    The Zarlengas add that their
    attorney notified the Board and the respondents’ attorneys that
    they wished to object to respondents’ motion for extension of
    time.
    As for their response to the respondents’ motion, the
    Zarlengas take issue with respondents’ assertions that they hired
    an acoustician and that the acoustician has been unable to
    126—591
    2
    complete his work because of inclement weather and delays in
    connection with the reorganization.
    The Zarlengas also allege
    that respondents stated,
    in a disclosure statement filed in the
    bankruptcy proceeding, that the sum of $95,000.00 of the June
    operating budget of the association was available to resolve the
    noise pollution coming from One Bloomingdale Place.
    Accordingly,
    the Zarlengas request that respondents’ motion be denied or,
    in
    the alternative, that respondents produce evidence of the efforts
    made to comply with the Board’s Order and set forth a completion
    date for the work.
    The Board hereby grants the Zarlengas’ request for leave to
    respond to respondents’ motion instanter.
    However,
    in light of
    the fact that respondents expect to submit their report within a
    few days of this Order, the Board grants respondents’ motion and
    directs the respondents to file their report with the Board and
    the Zarlengas no later than October 31,
    1991.
    IT IS SO ORDERED.
    I, Dorothy M.
    Gunn,
    Clerk of the Illinois Pollution Control
    Board
    hereby certify
    at the above Order was adopted on the
    _______
    day of
    /
    ,
    1991, by a vote
    o,
    -C.
    ~
    ~orothy
    N. Gi~n,Clerk
    Illinois Poi~kition Control Board
    126—592

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