ILLINOIS POLLUTION CONTROL BOARD
June 18, 2009
PETER ARENDOVICH,
Complainant,
v.
ILLINOIS STATE TOLL HIGHWAY
AUTHORITY,
Respondent.
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PCB 09-102
(Citizen’s Enforcement - Noise)
ORDER OF THE BOARD (by G.L. Blankenship):
On April 28, 2009, Peter Arendovich (Arendovich) filed a citizen’s enforcement
complaint (Comp.) against the Illinois State Toll Highway Authority (Tollway) concerning noise
pollution caused by traffic along the Interstate 355 (I-355) extension, Veterans Memorial
Tollway, between the 135th Street Bridge and Archer Avenue, in Lemont, Cook County.
Arendovich alleges that, since opening the extension on November 11, 2007, the Tollway has
been violating Section 900.102 of the Board’s noise pollution regulations (35 Ill. Adm. Code
900.102) by failing to install an adequate sound barrier. Comp. at 2. Arendovich further alleges
that the noise generated by the I-355 Tollway has resulted in unreasonable interference with the
use and enjoyment of his property and other adjacent properties.
Id.
On May 27, 2009, the Tollway filed a motion for extension of time (Mot.) requesting an
additional 45 days to file a motion to dismiss Arendovich’s complaint. According to the motion,
the Tollway received Arendovich’s complaint on April 29, 2009. Therefore, absent an
extension, the deadline for the Tollway to file a motion responsive to the complaint is May 29,
2009.
See
35 Ill. Adm. Code 101.506, 103.204(d), (e), 103.212(b). The Tollway’s motion states
that counsel for the Tollway has not previously researched this area of the law. Mot. at 1. The
motion further states that, while the Tollway has not completed its research, the Tollway believes
it may have a meritorious defense. Mot. at 1-2. The Tollway requests that the Board extend the
filing deadline until July 15, 2009.
Section 101.500(d) of the Board’s procedural rules provides that, “[w]ithin 14 days after
service of a motion, a party may file a response to the motion. If no response is filed, the party will
be deemed to have waived objection to the granting of the motion, but the waiver of objection does
not bind the Board or the hearing officer in its disposition of the motion.” 35 Ill. Adm. Code
101.500(d).
Arendovich has filed no response to the Tollway’s motion for extension of time, so
any objection to the Board’s grant of the motion has been waived.
See
35 Ill. Adm. Code
Section 101.500(d).
The Board grants the Tollway’s motion for extension of time and gives the Tollway until
July 15, 2009, to file a motion. Absent an extension, the deadline for the Tollway to file an
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answer to the complaint is June 29, 2009.
See
Ill. Adm. Code 103.204(d), (e), 103.212(b). The
Board extends this deadline and gives the Tollway until August 15, 2009, to file an answer.
IT IS SO ORDERED.
I, John T. Therriault, Assistant Clerk of the Illinois Pollution Control Board, certify that
the Board adopted the above order on June 18, 2009, by a vote of 5-0.
___________________________________
John T. Therriault, Assistant Clerk
Illinois Pollution Control Board
