ILLINOIS POLLUTION CONTROL BOARD
    July 11, 2002
     
     
    DAVID and JACQUELYN MCDONOUGH,
     
    Complainants,
     
    v.
     
    GARY ROBKE,
     
    Respondent.
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    PCB 00-163
    (Citizens Enforcement - Noise)
     
    ORDER OF THE BOARD (by T.E. Johnson):
     
    On March 7, 2002, the Board issued an order finding respondent Gary Robke (Robke)
    in violation of Section 24 of the Environmental Protection Act (415 ILCS 5/24 (2000)) and
    directed him to prepare and file a report detailing what steps could be taken to alleviate the
    noise emissions. Robke was given until July 5, 2002, to file the report. Robke filed a motion
    for extension of time to file the noise report on July 5, 2002. On July 8, 2002, the
    complainants David and Jacquelyn McDonough (McDonoughs) filed a response to the motion.
       
    In the motion, Robke requests an additional 30 days to file the noise report. In support
    of the request, Robke asserts that he is awaiting information from the City of Mascoutah
    regarding a possible variance to construct a fence in excess of six feet and on information from
    a noise-consulting expert regarding possible measures to alleviate noise emissions. Robke
    maintains that the request is not made for any dilatory purpose and that the granting of the
    motion will prejudice no party.
     
    In response, the McDonoughs ask the Board to deny the motion for extension of time.
    The McDonoughs assert that four months is sufficient time to comply with the Board’s order to
    prepare a noise report, and feel that Robke has not made a good faith effort to resolve the
    problem. The McDonoughs further contend that each day they are subjected to the noise
    problem is a burden, and that it is of prime importance to reach a timely solution to the noise
    problem.
     
    Section 101.522 of the Board’s regulations provides that the Board may extend the time
    for the filing of any required document for good cause shown.
    See
    35 Ill. Adm. Code
    101.522. The Board finds that Robke has shown good cause for the requested extension.
    Accordingly, the motion is granted, and Robke is given a 30 day extension of time to file the
    noise report as referenced in the March 7, 2002 Board order. The noise report must be filed
    and served on the McDonoughs on or before August 5, 2002.
     
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    IT IS SO ORDERED.
     
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, certify that the
    Board adopted the above order on July 11, 2002, by a vote of 5-0.
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board
     
     

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