ILLINOIS POLLUTION CCNTROL BOARD

December 18,

1986

VILLAGE

OF ADDISON,

)

Complainant,

v.

)

PCB 84—161

L

&

S

INDUSTRIES,

INC.,

Respondent.

SUPPLEMENTAL ORDER OF THE BOARD

(by J.D. Dumelle):

On September

5,

1985,

the Board entered

an Interim Opinion

and Order, finding that L

&

S Industries,

Inc.

(LSI)

had violated

Sections

9 and 24 of the Environmental Protection

Act.

That

Interim Order

required LSI

to prepare and submit

a report on

methods of reducing or eliminating

noise and odor pollution,

which was due no later

than December

1,

1985.

However, no such

report was filed

and

by order

of March 14,

1986,

the Board

provided LSI an opportunity

to cure that defect.

LSI was

required to file with the Board

and the Village of Addison by May

1,

1986,

a schedule

for completion of the

report on reducing odor

and noise pollution

at its facility which was

to call

for

a

complete and

final report

to be

filed with

the Board

no later

than July

1, 1986, detailing

all reasonable methods of reducing

odor and noise

pollution,

the type and degree of reductions

possible with each method,

its cost and the time required

to

implement each method.

Neither

the schedule nor the final

report

was

filed.

Therefore,

on August

14, 1986,

the Board ordered LSI

to

cease

and desist all operations at its facility located at

920

National Avenue

in Addison,

Illinois, on

or before October

13,

1986,

unless

it filed

a report with the Board

and

the Village by

that date which evaluated,

to the maximum extent possible, the

type and degree of noise

and odor reductions possible by changes

in operation or construction of noise

and odor reduction

devices.

This report was

to be prepared by

a competent

individual

or firm and was

to consider all reasonable methods of

control.

A copy of that order was sent by certified mail

to LSI on

August

20,

1986,

at the only know address of LSI which

is on file

at

the Board

and which

is the address at which LSI was served

by

the Eoard,

and signed

for service received,

in the past.

That

letter was returned

to the Board

since no one signed

for

delivery, and

the forwarding

time had

expired.

LSI has never

74-269

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—2—

filed anything with the Board

in this case although Larry Stefan,

the President of

LSI,

did appear at hearing on April

22, 1986.

The present whereabouts of Mr.

Stefari and LSI

is unknown.

The

Board does, however, have proof of service upon LSI of the March

14, 1986,

order.

Not surprisingly, LSI has failed

to respond

to the August 14

order,

and the cease and desist order

is in effect.

Further, the

Board has no reason to believe that there will be any future

response

to that order

since LSI, if

it still exists at all, does

not appear

to exist

at its last known address.

Since the cease

and desist order was to remain in effect until

an appropriate

report was filed,

the Board hereby makes that cease and desist

order permanent and will close this docket.

IT IS SO ORDERED.

Board J. Theodore Meyer dissented.

I, Dorothy M. Gunn, Clerk

of the Illinois Pollution Control

Board, hereby certify that the above Supplemental Order was

adopted o~the

/,f~-

day of

~

,

1986 by a vote

of

_____________

/1

~

~

/

/ /

~Dorothy M. “Gunn, Clerk

Illinois Pollution Control Board

74-270