ILLINOIS POLLUTION CONTROL BOARD
    August 5, 1999
    LUCILLE WATHEN,
    Complainant,
    v.
    ROBERT and WENDY STRYKER,
    Respondents.
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    PCB 99-30
    (Enforcement - Noise, Citizens)
    ORDER OF THE BOARD (by N.J. Melas):
    On July 9, 1999, respondents Robert and Wendy Stryker filed a motion to dismiss
    (motion) a citizen’s complaint (complaint) filed by Lucille Wathen. Wathen has not responded
    to the motion. For the reasons below, the Board declines to dismiss the complaint.
    On August 17, 1998, Wathen filed the complaint alleging that noise from respondents’
    air conditioner disturbs her and violates Section 24 of the Illinois Environmental Protection
    Act (Act). 415 ILCS 5/24 (1998). The Board determined that the complaint was neither
    duplicitous nor frivolous. See Wathen v. Stryker (October 1, 1998), PCB 99-30.
    In response to the complaint, respondents proposed building a noise barrier around
    their air conditioner. Mot. at 1. After Wathen informed respondents that the noise barrier
    idea was unsatisfactory, respondents purchased a new air conditioning unit with a “Silencer
    System”.
    Id.
    Despite respondents’ purchase of the new unit, Wathen maintains that the noise
    level is still unsatisfactory.
    Id.
    Respondents state that they have “gone above and beyond
    reasonable means” to cooperate with Wathen and therefore seek dismissal of this matter.
    Id.
    The Board commends the Strykers for their cooperation and their efforts to resolve this
    matter. However, the issues in this matter should be discussed and/or debated at a hearing so
    that the Board can give them proper consideration and make a decision on the merits.
    Therefore, the Board declines to dismiss the complaint and directs the parties to proceed to
    hearing. The hearing officer and the parties are encouraged to expedite the hearing process as
    much as possible.
    IT IS SO ORDERED.
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    Board Member K.M. Hennessey concurred.
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, hereby certify that
    the above order was adopted on the 5th day of August 1999 by a vote of 7-0.
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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