ILLINOIS ~PQLIJJTIONCONTROL BOARD

April

7, 1983

THE PEOPLE OF THE STATE OF ILLINOIS,

)

Complainants,

)

v.

)

PCB 76~-84

SANTA FE PARX ENTERPRISES, INC.

)

an Illinois

Corporation,

Respondent.

ORDER OF THE BOARD

(by I.

G. Goodman):

On March 24, 1983 the Attorney General, Complainant,

filed

a Motion to Resume these proceedings.,

Respondent,

Santa Fe Park

Enterprises, Inc.,

filed a Response to that Motion on March 31,

1983,

along with a Motion to Dismiss.

In requesting resumption, Complainant acknowledges that

it must be determined whether Section 25 of the Environmental

Protection Act

(Act) applies to the Respondent.

Complainant

contends that it does not.

Section 25 of the Act,

along with

accompanying definitions at Section 3(v), was adopted on

September 25,

1981 just after the First District Appellate

Court~sremand and mandate to reconsider

this

matter.,

Respondent moves to dismiss on the grounds that Section 25

does apply,

and therefore the Board is without authority to grant

remedial relief.

For the same reason, Respondent argues that

the Motion to Resume should be denied.,

However,

the Respondent

did not object to briefing the issue.,

Given the April

.O,

1981

ludicial mandate,

and the subsequent statutory amendment to

Section 25, which governs noise pollution,

the Board is compelled

to review this matter,

The

Motion to Resume is granted, and

Respondent~sMotion to Dismiss denied.

Briefs on the issue of

Section 25 applicability will be accepted by the Board until

June

17,

1983,

In accordance with any interim schedule estab-

lished by the Parties, Complainant is entitled to submit the

initiating brief and later,

a Reply brief,

Respondent is

entitled to a Response brief.,

IT IS SO ORDERED.

I, Christan L.

Moffett, Clerk of the Illinois Pollution

Control B~ard,hereby

ert fy that the above Order was ad pted

on the

7

day of

1983 by a vote of

_____

erk

Illinois Pollution Control Board

52~ui