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ILLINOIS POLLUTION CONTROL BOARD
January 25, 2006
YORK HIGH NEIGHBORHOOD
COMMITTEE, JANET HODGE, FRED
HODGE, PATRICIA BENNETT, DAVID
BENNETT, SHEILA TRANT, MIKE TRANT,
JOE VOSICKY, JEAN CONROY, PETER
CONROY, FRANK SOLDANO, JOSEPH
REAMER, ELIZABETH LALIBERTE, and
CHARLES LALIBERTE,
Complainants,
v.
ELMHURST PUBLIC SCHOOLS, DISTRICT
205,
Respondent.
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PCB 05-93
(Citizens Enforcement – Noise)
HEARING OFFICER ORDER
On January 25, 2006, all parties participated in a telephonic status conference
with the hearing officer. The respondent represented that it will forward the requested
calculations regarding the daytime noise limits of the low sound blade package to the
complainants when received. The parties also discussed the possibility of a telephonic
conference with the architect prior to the next status conference.
Based on the respondent’s representation, the low sound blade will be installed on
or before April 1, 2006. The system, however, will not be able to be tested until
approximately 3 weeks later, or when the weather cooperates. It is anticipated that the
results of the tests will be forthcoming in early May 2006. Depending on the results of
the tests, a hearing may or may not be scheduled for late July or early August 2006, at the
complainants’ request.
The respondent represented that it anticipates filing a motion to stay the
proceedings with the Board within the next 14 to 21 days. The respondent represents that
it is proceeding in good faith in its attempt resolve complainants’ allegations, and if the
low sound blade package does not spur a resolution, it is willing to explore other options.
Therefore, the respondent continues, a hearing is not necessary and will incur
unnecessary costs if a hearing is held.
The parties or their legal representatives are directed to participate in a telephonic
status conference with the hearing officer on March 16, 2006, at 11:00 a.m. The
telephonic status conference must be initiated by the complainants, but each party is
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nonetheless responsible for its own appearance. At the status conference, the parties
must be prepared to discuss the status of the above-captioned matter and their readiness
for hearing.
IT IS SO ORDERED.
Bradley P. Halloran
Hearing Officer
Illinois Pollution Control Board
James R. Thompson Center, Suite
11-500
100 W. Randolph Street
Chicago, Illinois 60601
312.814.8917
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CERTIFICATE OF SERVICE
It is hereby certified that true copies of the foregoing order was mailed, first class,
on January 25, 2006, to each of the persons on the attached service list.
It is hereby certified that a true copy of the foregoing order was hand delivered to
the following on January 25, 2006:
Dorothy M. Gunn
Illinois Pollution Control Board
James R. Thompson Center
100 W. Randolph St., Ste. 11-500
Chicago, Illinois 60601
Bradley P. Halloran
Hearing Officer
Illinois Pollution Control Board
James R. Thompson Center
100 West Randolph Street, Suite 11-500
Chicago, Illinois 60601
312.814.8917
PCB 2005-093
Steven J. Pearlman
Franczek Sullivan P.C.
300 South Wacker Drive
Suite 3400
Chicago, IL 60606
PCB 2005-093
Janet and Fred Hodge
435 Elm Park
Elmhurst, IL 60126
PCB 2005-093
Patricia and David Bennett
346 Elm Park
Elmhurst, IL 60126
PCB 2005-093
Sheila and Mike Trant
251 Berkley
Elmhurst, IL 60126
PCB 2005-093
Joe Vosicky
345 Elm Park
Elmhurst, IL 60126
PCB 2005-093
Jean and Peter
Conroy
448 Elm Park
Elmhurst, IL 60126
PCB 2005-093
Frank Soldano
446 Elm Park
Elmhurst, IL 60126
PCB 2005-093
Joseph Reamer
215 Fairview
Elmhurst, IL 60126
PCB 2005-093
Elizabeth and Charles Laliberte
481 Alma
Elmhurst, IL 60126
PCB 2005-093
David Bennett
222 N. LaSalle St.
Suite 2400
Chicago, IL 60601
PCB 2005-093
Dr. Joel W. Morris
Elmhurst Public Schools
130 West Madison Street
Elmhurst, IL 60126-4838
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