ILLINOIS POLLUTION CONTROL BOARD
    February
    22,
    1990
    WILL COUNTY ENVIRONMENTAL
    NETWORK,
    Complainant,
    PCB 89—64
    v.
    )
    (Enforcement)
    GALLAGHER ASPHALT,
    Respondent.
    ORDER OF THE BOARD
    (by B.
    Forcade):
    On February
    14,
    1990, Gallagher Asphalt
    filed a motion for
    extension of time in PCB 89—64, Will County Environmental Network
    v.
    Gallagher Blacktop.
    In this motion, Gallagher Asphalt
    asserts
    that its attorneys
    improperly impleaded Gallagher Blacktop as
    respondent here and that the correct
    name of respondent
    is
    Gallagher Asphalt.
    The Board will accept
    this name substitution
    unless objected to by complainant.
    The motion
    for extension of time requests that the report,
    as required
    in the Board’s Interim Opinion and Order
    of January
    11,
    1990, would be filed by May 31,
    1990,
    rather than by March
    31,
    1990.
    That report
    is
    to discuss
    the background
    noise
    situation;
    characterization of noise
    levels;
    and evaluation of
    the various means available
    to reduce noise
    levels.
    Gallagher
    has not provided a very persuasive argument for
    extending
    the due date for the required
    report.
    The Board finds
    no basis
    for Gallagher’s assertion
    that proceeding with parts of
    the report would result
    in unreasonable expense and delay.
    On
    the contrary,
    the proposed date
    of May 31,
    1990 could involve
    as
    much as another
    30 days of review and
    30 days
    to issue an opinion
    and order of the Board.
    It
    is the specific intent of
    the Board
    that the violations already found shall not continue
    for another
    construction season through
    the summer
    of
    1990.
    On February
    21,
    1990,
    the Board received a response from
    Will County Environmental Network
    in opposition
    to respondent’s
    motion.
    The Board will grant Gallagher
    a 30—day extension until
    April
    30,
    1990
    to file
    its
    report;
    however,
    the Board will
    requite that under
    no circumstances
    shall
    the noise producing
    equipment,
    trucks,
    or other devices
    be operated before
    6 a.m.
    until such
    time as
    the Board enters
    its
    final order after
    review
    of
    the above—referenced report.
    IT
    IS SO ORDERED
    Board Member
    J.
    Theodore Meyer dissented.
    InS-221
    —2—
    I,
    Dorothy M. Gunn,
    Clerk
    of the Illinois Pollution Control
    Board,
    hereby certify
    that the above Order was adopted on
    the
    ______
    day of
    -
    -
    ,
    1990,
    by
    a vote
    of
    /
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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