ILLINOIS POLLUTION CONTROL BOARD
    November 20, 2008
    JOSEPH & VICTORIA MORRISSEY,
    Complainants,
    v.
    GEOFF PAHIOS and ALPINE
    AUTOMOTIVE, INC.,
    Respondents.
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    PCB 09-10
    (Citizens Enforcement - Noise)
    ORDER OF THE BOARD (by N.J. Melas):
    By order of September 16, 2008, the Board accepted for hearing an August 1,
    2008
    pro se
    noise complaint (Comp.) filed by Joseph and Victoria Morrissey (complainants)
    against Geoff Pahios (Pahios) and Alpine Automotive, Inc. (Alpine) (collectively, respondents).
    The complaint concerns respondents’ auto/truck repair, 24-hour towing service, and police
    impound facility located at 1320 Ensell Road in Lake Zurich, Lake County.
    Since then, the Board has received the following filings: respondents’ September 24,
    2008 answer and affirmative defense, complainants’ September 29, 2008 “Response [in
    opposition] to Respondent's Request to Dismiss with Prejudice [contained in relief request in
    respondents’ answer]”, and complainants’ October 6, 2008 “Answer to First Affirmative
    Defense.” The Board will not rule on the merits of any of the issues raised in these filings until
    after the parties have presented their cases at hearing. The information alleged concerning
    priority of location or meetings with complainants concerning noise mitigation is relevant to the
    factors the Board must consider under Sections 33(c) and 42(h) of the Environmental Protection
    Act (Act) (415 ILCS 5/33(c), 42(h) (2006)) in determining whether the alleged violations
    occurred and fashioning any appropriate remedy.
    The Board directs the hearing officer to proceed expeditiously to hearing in this matter
    consistent with the Board’s September 16, 2008 order.
    IT IS SO ORDERED.
    I, John Therriault, Assistant Clerk of the Illinois Pollution Control Board, certify that the
    Board adopted the above order on November 20, 2008, by a vote of 5-0.
    ___________________________________
    John Therriault, Assistant Clerk
    Illinois Pollution Control Board

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