ILLINOIS POLLUTION CONTROL BOARD
    September 4, 2003
    ANTHONY and KAREN ROTI, PAUL
    ROSENSTROCK, and LESLIE WEBER,
    Complainants,
    v.
    LTD COMMODITIES,
    Respondent.
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    PCB 99-19
    (Citizens Enforcement – Noise)
    ORDER OF THE BOARD (by T.E. Johnson):
    On July 24, 2003, the Board issued a final opinion and order in this matter. On
    August 28, 2003, respondents filed motions for reconsideration, modification, and stay. The
    Board is not ruling on the merits of the motions for reconsideration or modification, as the
    complainant’s response time has not yet run. The Board will, however, discuss one aspect of the
    motion to stay.
    In its motion, LTD Commodities (LTD) argued that LTD would suffer undue hardship if
    required to comply with the Board’s July 24, 2003 order. LTD also indicated that since the date
    of the final opinion and order, LTD has employed the services of a new noise consultant to
    review this matter. Among several requests for modification, LTD moves the Board to stay the
    effect of the opinion and order pursuant to Section 101.520 of the Board’s procedural rules.
    Section 101.520(c) provides:
    A timely-filed motion for reconsideration or modification stays the effect of the
    final order until final disposition of the motion in accordance with Section
    101.300(d)(2) of this Part. 35 Ill. Adm. Code 101.520(c).
    Pursuant to Section 101.520(c) the Board’s July 24, 2003 final opinion and order in this
    matter is stayed as of August 28, 2003, until the final disposition of LTD’s motion for
    reconsideration in accordance with the Board’s procedural rules.
    IT IS SO ORDERED.
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    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, certify that the Board
    adopted the above order on September 4, 2003, by a vote of 5-0.
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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