ILLINOIS POLLUTION CONTROL BOARD
    February
    23, 1989
    CITY OF ELMHURST,
    Complainant,
    v.
    )
    PCB 89—4
    ELMHURST—CUICAGO STONE CO.,
    )
    Respondent.
    ORDER OF THE BOARD
    (by
    3.
    Anderson):
    On January
    31,
    1989,
    Complainant, City of
    Elmhurst
    (Elmhurst),
    filed
    a motion requesting
    that
    the Respondent,
    Elmhurst—Chicago Stone Company, be ordered
    to “temporarily cease
    night—time operation
    of the exhaust
    fan and gravel conveyor
    during
    the
    peridency of this enforcement action
    ...“
    (Motion,
    p.
    3).
    The motion also requested the Hearing Officer
    to expedite
    hearing.
    Regarding
    the request
    for temporary relief, Elmhurst
    asserted that there
    is “no other adequate remedy at law or
    equity”
    for the alleged continuing violation of the night-time
    noise
    limits.
    Elmhurst attached the affidavit of its noise
    consultant, his resume, noise level measurements and
    a map of the
    noise impacted area.
    The motion
    for temporary relief
    is denied,
    as the Board
    has
    determined that
    it has
    rio authority to grant
    such interim
    relief.
    The Board’s enforcement powers are derived from
    the
    Illinois Environmental Protection
    Act (Act).
    Under
    the Act, the
    Board has power
    to issue
    a “cease and desist” order,
    but only as
    a final order entered
    after
    hearing on
    the merits of an
    enforcement complaint
    (See village of Kildeer
    v.
    Village of Lake
    Zurich,
    et al., PCB
    88—173,
    February 23,
    1989,
    copy enclosed).
    Regarding
    the expedited hearing,
    the
    Board notes
    that the
    hearing
    officer has scheduled hearing
    for
    Nlarch
    23,
    1989.
    Finally,
    the Board
    notes
    that the motion refers to the
    “Environmental Protection Act rules and regulations”, and
    the
    affidavit refers
    to “Illinois Environmental Protection rules and
    regulations.
    (Motion, p.
    2, Affidavit,
    p.
    1).
    96—241
    —2—
    Since
    the Board
    is uncertain as
    to what regulations Elmhurst
    may be referring
    to,
    a copy of the applicable Pollution Control
    Board regulations,
    with the accompanying Opinion,
    is enclosed.
    IT
    IS SO ORDERED.
    I,
    Dorothy M. Gum,
    Clerk of
    the Illinois Pollution Control
    Board, hereby certify~thatthe above Order was adopted on
    the
    ~‘J~-~-e
    day of
    ~
    ,
    1989, by
    a vote of
    7—0
    ~
    Dorothy M.
    G),r4~n, Clerk
    Illinois Po~71utionControl Board
    9—242

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