RECEIVED
CLERK’S OFFI
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
SEP
072004
David and Jacquelyn McDonough,
)
P~t~
Control
Board
Complainants,
)
)
vs.
)
PCB No. 00-163
)(Citizens Enforcement-Noise)
Gary Robke,
)
)
Respondent
)
COMPLAINANTS MOTION TO APPLY
SANCTIONS
BACKGROUND
1.
On February 6,
2003, The Illinois Pollution Control Board issued an Order
for respondent to construct a noise wall between respondent car wash and complainants
property.
The noise wall, in the form of a fence on top ofdirt berm, structure was to
be
completed in
180 days and run continuously
on the southern and western property line of
the car wash.
The order allowed that if respondent encountered insurmountable
difficulties with the City of Mascoutah during construction of the noise wall that
respondent could attempt
to modify the Board order as required. Order at 4.
2.
Subsequent to the Order, the City of Mascoutah, in
a letter to Mr. Wigginton
on
June
16, 2003, indicated that underground utilities and
electrical pedestals
in the area
could prohibit construction of the noise wall in the location ordered by the Board.
In that
letter, the City indicated a willingness to work with all parties to find a solution.
3.
On August 10, 2003, the complainants, the respondent and his partner, and Mr.
Wigginton met with the City manager to discuss options.
The City agreed
to develop a
plan for constructing the noise barrier to minimize interference
with the City’s
utilities.
4.
On September 4,
2003, the Board ordered a stay on construction of the noise wall
until March
1, 2004, pending resolution of construction issues with City of Mascoutah.
5.
On December 14, 2003, the City of Mascoutah proposed an
approved plan for the
noise wall.
The City’s plan requires construction of the noise wall in the general location
previously requested by the complainants.
6.
On April
15,
2004, the Board ordered a stay on construction of the noise wall
until September
1, 2004, believing that the respondents were
making a good faith effort
to
resolve the matter
LERKS OFFICr
SEP 0?
2004
STATE OE ILLfl~QJ,Q
POIIut~onContro’ BO~f-d
MOTION
As oftoday’s date, September 4, 2004,
there is no construction started at the car wash.
We feel that due to respondent’s foot dragging there have been unnecessary delays.
The
respondents are
in violation of the Board’s order and we ask that the Board apply
sanctions on the car wash as an incentive to take this matter seriously.
Both sides have
made concessions and the final plan was agreed to months ago.
Compl~iJants
David McDonough
Jacquelyn McDonough
751
North Jefferson
Mascoutah, IL 62258
(618) 566-8065
PROOF OF SERVICE
The undersigned certifies that on the ______day of
,
2004, a
copy ofthe foregoing pleading was served upon the following attorney(s) of record and
interested parties to the above cause by the method indicated below:
Stephen R. Wigginton
3201
West Main Street
Belleville, IL 62226
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
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