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PCB 03-096 Order 02/06/03
MARTIN E. and KATHY L. GEBER v. CLAYTON MOUSHON, CARRI SCHARF TRUCKING AND MATERIALS, and CITY OF EAST PEORIA, MAYOR: CHUCK DOBBELAIRE; CITY ADMINISTRATOR: JAMES THOMAS BRIMBERRY
The Board found that the alleged violations of Sections 23 through 25 of the Environmental Protection Act (Act) (415 ILCS 5/23-25 (2002)) as well as Section 900.102 (35 Ill. Adm. Code 900.102) and Section 901.104 (35 Ill. Adm. Code 901.104) of the Board’s noise rules were neither duplicative nor frivolous with regard to Clayton Moushon and Carri Scharf Trucking and Materials. The Board accepted those allegations involving a Tazewell County facility for hearing. The Board found that complainants’ complaint failed to state a cause of action against the City of East Peoria, Mayor Chuck Dobbelaire, and the City Administrator James Thomas Brimberry, and dismissed them from this action. The alleged violations of Sections 23 through 25 of the Act (415 ILCS 5/23-25 (2002)) were determined to be frivolous, and the Board dismissed them from the complaint. enforcement action involving a Peoria County facility.
Handle: Document-35376
Owner: Brown, Don (User-14, brownd:DocuShare)DS
Tuesday, February 11, 2003 04:02:25 PM CST
Friday, February 14, 2003 01:20:03 PM CST
Modified By:
Locked By:
  • ILLINOIS POLLUTION CONTROL BOARD
February 6, 2003MARTIN E.
  • and KATHY L.
  • GEBER,
Complainants,v.
  • CLAYTON MOUSHON, CARRI SCHARF
TRUCKING AND MATERIALS, and CITYOF EAST PEORIA, MAYOR: CHUCKDOBBELAIRE; CITY ADMINISTRATOR:JAMES THOMAS BRIMBERRY,Respondents.
  • The complaint concerns
Clayton Moushon’s gravel mine operation approximately located on Valley Lane in East Peoria,Tazewell County.
  • 2
However, the Board finds that Geber’s complaint fails to state a cause of action againstthe City of East Peoria, Mayor Chuck Dobbelaire, and the City Administrator James ThomasBrimberry. at 2 (May 4, 2000).Section 25 of the Act indicates the Board may adopt regulations prescribing limit...
Allowed
Adobe Portable Document Format (.pdf) - application/pdf
PCB 03-096 Order 020603.pdf
4
15777
No
Appears In: PCB 03-096
Preferred Version: PCB 03-096 Order 02/06/03