ILLINOIS POLLUTION CONTROL BOARD
    November
    2,
    1989
    DANIEL LORDEN AND HELEN LORDEN,
    Complainants,
    v
    )
    PCB 89—19
    (Enforcement)
    SHERIDAN SOUTH CONDOMINIUM
    ASSOCIATION,
    Respondent.
    ORDER OF THE BOARD
    (by J. Anderson):
    This matter comes before
    the Board upon a motion
    to vacate
    the Board’s September
    28,
    1989 Order and motion
    to dismiss filed
    by the respondent,
    Sheridan South Condominium Association
    (“Association”)
    on October
    3,
    1989.
    The complainants, Daniel
    Lorden and Helen Lorden
    (“Lordens”),
    filed an answer
    to the
    Association’s motions on October
    17,
    1989.
    The Board’s September 28,
    1989 Order
    in this noise
    enforcement case imposed sanctions on the Association for
    its
    “willful refusal
    to respond to the Lordens’ June
    30 legitimate
    discovery request,
    the July 10 Order of the Hearing Officer
    granting
    the Association
    a continuance to respond to the
    Lordens’ June
    30 motion
    to compel
    and the September 13 Order of
    the Board allowing
    the Association 10 more days
    in which
    to
    obtain an attorney and respond
    to the June
    30 motion to
    compel.”
    The sanction imposed by the Board on September
    28
    barred the Association from “filing any pleading, making any
    claim,
    and presenting any testimony or other proof going
    to the
    issue of whether
    it
    has caused or allowed violation of
    Section
    900.102” of the Board’s noise
    regulations.
    The September
    28
    Order also denied the Lordens’ motion to compel.
    The Association states,
    in support
    of
    its motion
    to vacate,
    that
    it
    did not receive notice of
    the Board’s September
    13,
    1989
    Order until September 29,
    1989, thus,
    after
    the Board had imposed
    sanctions on September
    28.
    The September ±3Ordet had allowed
    the Association
    to obtain an attorney,
    file an appearance and
    respond to the motion to compel by September
    25.
    The record indicates that,
    although the September
    13 Order
    was sent certified mail
    on September 13,
    the Association did not
    receive the Board3s September
    13
    Order
    until after
    September
    28.
    The Board
    notes
    that the Association was still
    in violation
    of the Hearing Officer’s July
    19 Order regardless of any lack of
    U)5 35
    notification of the Board’s September
    13 Order.
    Nonetheless, due
    to the Association’s failure to receive the September
    13 Order
    before September 28,
    the Board will grant the Association’s
    motion to vacate.
    The Board’s September
    28,
    1989 Order
    in this
    proceeding
    is hereby vacated, including the Board’s ruling on the
    Lordens’ motion to compel.
    In regard to the Association’s motion to dismiss,
    the Board
    is not persuaded by the Association’s argument that it
    is not a
    proper party and that this case should be dismissed at this
    time.
    The Lordens’ have presented counter arguments to the
    Association’s motion
    to dismiss that further convince
    the Board
    that this proceeding should not be dismissed today.
    The
    Association’s motion
    to dismiss
    is hereby denied.
    Finally, since the Board’s ruling on the Lordens’ motion to
    compel is being vacated today,
    that leaves the motion
    to compel
    still outstanding.
    The Association has not responded to that
    motion to compel to date.
    Therefore, the Board orders the Association
    to respond to
    the motion to compel by November
    13,
    1989.
    If the Board does not
    receive the Association’s response by that date,
    sanctions will
    result.
    The Board will also allow the Lordens three weeks, until
    December
    4,
    1989 to file any reply to the Association’s response;
    the response will be received by the Board on that date.
    IT IS SO ORDERED.
    I,
    Dorothy M.
    Gunn, Clerk of the Illinois Pollution Control
    Board, hereby certify that the above Order was adopted on
    the
    ~
    day of
    ~t—e&,
    ,
    1989,
    by a vote
    of
    ~
    ~•
    Dorothy M. ~nn,
    Clerk
    Illinois Po~lutionControl Board
    105 36

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