ILLINOIS POLLUTION CONTROL BOARD
    August: 30, 1990
    DANIEL LORDEN AND HELEN LORDEN,
    )
    Complainants,
    PCB 89—19
    v.
    )
    (Enforcement)
    SHERIDAN SOUTH CONDOMINIUM
    ASSOCIATION,
    JAMES
    A. HANSEN,
    CHARLES J. LEBRUN, ANDREA J.
    HROVATIN, JOAN LEE, IVAN and
    CATALINA HORAK and SANDRA L.
    SCHtJG-HANSEN,
    Respondents.
    ORDER OF THE BOARD (by J. Anderson):
    On August 14, 1990, Respondents Charles J. Lebrun, Andrea J.
    Hrovatin, Joan Lee, and Ivan and Catalina Horak (Respondents)
    filed a Motion Preliminary to Hearing. The motion seeks to have
    the Hearing Officer determine the threshhold question of the
    applicability of 35 Ill. Adm. Code 900.102 to these Respondents
    and, if determined inapplicable, to have the Amended Complaint
    against them dismissed. This matter was raised by these
    Respondents as a common affirmative defense. Complainants Daniel
    Lorden and Helen Lorden (Complainants) filed their Reply to
    Affirmative Defenses on August 17, 1990.
    Respondents assert in part that residential property is
    exempt from the noise pollution rule at 35 Ill. Adm. Code
    900.102. The Complainants’ reply neither admits nor denies the
    allegation, but demands strict proof of its applicability.
    Complainants also reply that the respondents may be referring to
    35 Ill. Adm. Code 901.102 through 901.106, to which the
    exceptions in 901.107(a) apply. As read, that latter rule does
    exempt certain classes of land from the numerical limitations on
    noise emissions.
    ~7efirst note that the Hearing Officer cannot resolve the
    issues raised in the Respondents’ motion. Because the hearing is
    scheduled for September 7, 1990, the Board will take the motion
    with the case. The Complainants and Respondents are advised to
    address this matter at hearing and in their briefs. This ruling
    does not preclude a party from advancing the same contentions
    regarding jurisdiction or adequacy of the complaint after
    completion of the hearing (see 35 Ill. Adm. Code 103.140(e)).
    Moreover, today’s ruling should in no way be construed as a
    ruling on Complainants’ Motion to Recuse that was filed on August
    29, 1990.
    11
    .‘~
    -7!.’)
    —2—
    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 ~c21
    day of ~~7~’-’
    J-
    ,
    1990 by a vote
    of
    7—cL~
    .
    ~
    y7)
    ~
    Dorothy M. Gumnn, Clerk
    Illinois Pollution Control Board
    114—750

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