RECE~VED

CLERK’S OFFICE

BEFORE THE ILLINOIS POLLUTION CONTROL BOARD

MAR

012004

STATE

OF ILLINOIS

Pollution

Control Board

David and

Jacquelyn McDonough,

)

)

Complainants,

)

)

vs.

)

PCB No. 00-163

)(Citizens Enforcement

—

Noise)

Gary Robke,

)

)

Respondent

)

RESPONDENT’S MOTION TO EXTEND THE STAY

Comes now respondent, Gary Robke, by and through his

attorney, Stephen R.

Wigginton, ofWeilmuenster & Wigginton, P.C., and pursuant to

the Opinion and Order

ofthe Board dated September 4,

2003, hereby files his Motion to Extend the Stay beyond

March

1, 2004 and

in support thereofstates as follows:

1.

On February

6,

2003, the Illinois Pollution Control Board issued an Order

finding that remedial action including the construction ofa noise wall be constructed on

the southern and western property line ofthe car wash operated by respondent.

The noise

wall was required to be 12

foot high consisting ofa 6-foot high

berm topped with

a 6-foot

high fence constructed ofsolid material.

Respondent was given

180 days to

construct the

wall.

2.

On September 4, 2003, the Board entered

an Order staying its

February

6,

2003

Order until March

1, 2004 because the City ofMascoutah would not allow the noise

wall to be constructed on the southern and

western property line ofrespondent’s car wash

because ofthe existence ofpublicly owned underground utilities.

3.

Since the imposition of the stay the parties have worked

in

good faith to

resolve the dispute regarding the location of the noise wall.

In that regard, the parties

---

have met with the City of Mascoutah and obtained a proposal

from the engineers

for the

City ofMascoutah regarding the relocation ofthe noise wall.

4.

On December 14, 2003, the parties received a copy ofthe City of

Mascoutah’s proposed relocation of the noise wall.

Since that time the respondent has

been in discussions with the City and its engineers regarding questions and proposed

modifications

to the proposed relocation of the noise wall.

The City ofMascoutah’s

engineering report proposed a noise wall consisting of a 28-foot wide earthen berm

base,

6 feet high with a 6-foot fence on top.

In addition to the 28-foot wide base, there would

be an additional 4

feet on each side ofthe base for a project totaling 36 foot

wide at its

base.

This proposal by

the City’s engineer would cover approximately all of the

remaining ground owned by respondents.

This ground was identified years ago

in the

respondent’s initial building plans as area for future expansion.

5.

The respondent has had discussions with the City of Mascoutah regarding

the possibility of;

1) modifying the engineering proposal; 2) having the City of

Mascoutah purchase additional ground to widen its easement and take over the berm; 3)

obtain financial assistance from

the City of Mascoutah in the form of a tax abatement or

direct financing to assist in the cost of this project.

6.

The City ofMascoutah has recently suggested that respondent should

submit its concerns, comments or revisions

in writing to the City thr further

consideration.

7.

In the interim, respondent has disarmed the beepers and replaced the

motors in the vacuums with quieter motors as directed by the Board’s Order and has

2

---

taken other steps to mitigate the noise emitting

from its

operations.

The respondent has

also participated in good faith in all of the status conferences

held by the hearing officer.

WHEREFORE, based upon the foregoing, respondent, Gary Robke, respectfully

requests that the stay be extended for an additional

180 days in

order to

allow the

parties

to

finalize a proposed resolution to this matter.

Respectfully submitted,

WEILMUENSTER & WIGGINTON, P.

Stephen R. Wigginton

ATTORNEY FOR RESPONDENT

3201 West Main Street

Belleville,

IL 62226

(618) 257-2222

PROOF OF SERVICE

The undersigned certifies that on

the

_______

day of,,~?-’~~—

,

2004, a copy of

the

foregoing pleading was served upon

the following attorney(s) ofrecord

and ~nterested

parties

to

the above cause by the method indicated below:

David and Jacquelyn McDonough

751

N. Jefferson

Mascoutah, IL 62258

Dorothy M. Gunn

illinois Pollution Control Board

James R. Thompson Center

100 W. Randolph Street, Ste.

11-500

Chicago, IL 60601

Carol Sudman

Hearing Officer

illinois Pollution Control

Board

600 South Second

Street,

Suite 402

Springfield,

IL 62704

U.S. Mail

Personal Delivery

Facsimile

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