ILLINOIS
    POLt~tJTIONCO~’TTROL
    BOARD
    February
    25, 1988
    JOHN ~7.EILRICH,
    Comolainant,
    v.
    )
    PCB 85—4
    JAMES SMITH,
    d/b/a
    May~ioodShell Car
    c’lash,
    Respondent.
    ORDER OF THE BOARD
    (by R.
    C.
    Flemal):
    In
    an Opinion and Order dated April 30,
    1987 the Board
    found
    that the Respondent violated
    35
    Ill.
    Adm. Code 9~)1.i)2
    (Prohibition of Noise Pollution),
    901.102(a)
    (Sound Emitted
    to
    Class
    A Land),
    and 9~l.103 (Sound Emitted
    to Class
    B Land)
    (par.
    1 of the order);
    and imposed
    a civil penalty of $500.00
    (par.
    2
    of the order).
    The Board
    further ordered the Resoondent
    to cease
    and desist from violations of
    the Board’s regulations,
    to take
    imme-1iate steps
    to orevent additional violations
    (oar.
    3 of the
    order),
    and
    that on or before May
    29,
    1987,
    to have noise
    abatement devices
    in
    functional operation sufficient
    to prevent
    future violations
    (par.
    4 of the order).
    The Board retained
    jurisdiction
    in this matter
    and
    in para~raohfive of
    the order
    directed the Respondent
    to notify the Board and the Complainant
    in writing within
    60 days of the order
    as
    to whether
    it had
    complied with paragraphs two and four of
    the order.
    To this date,
    the Board has not received any further
    information from the Respondent or the Complainant regarding this
    matter.
    On February
    11,
    1989 Illinois Environmental Protection
    Agency personnel
    informed
    the Board that the penalty had not been
    paid.
    The Board
    therefore relinquishes jurisdiction by closing
    the docket and hereby notifies the Complainant
    that he may pursue
    this matter
    in conjunction with the Attorney General’s Office
    by
    instituting
    a civil action for enforcement of the Board’s April
    31),
    1986 order pur~uantto Sections
    33(d)
    and 42(d)
    and
    (e)
    of
    the Illinois Environmental Protection Act.
    The Clerk
    is directed
    to notify
    the Attorney General’s Office as well
    as the
    Complainant and Respondent of this order by mailing copies
    to the
    anpropriate persons.
    Se~tion41 of the Environmental Protection Act,
    Ill.
    Rev.
    Stat.
    1985
    ch.
    111 1/2 par.
    1041, provides for appeal of final
    Orders of
    the Board within
    35 days.
    The Rules
    of the Suoreme
    Court of Illinois establish filing requirements.
    86—303
    —2—
    IT
    IS SO ORDERED.
    I,
    Dorothy
    M.
    Gunn, Clerk
    of the Illinois Pollution Control
    Board, hereby certify
    t~hat
    the above Order was adopted on the
    ~4~rZ
    day of
    __________________,
    1998,
    by
    a vote of
    ~70
    Dorothy
    NI.
    n,Cler
    k
    Illinois Po”~1utionControl Board
    86—304

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