ILLINOIS POLLUTION CONTROL BOARD
    August
    30,
    1990
    BRIAN J.
    PETER,
    Complainant,
    V.
    )
    PCB 89—151
    (Enforcement)
    GENEVA MEAT AND FISH MARKET and
    GARY PIKULSKI,
    Respondent.
    ORDER OF THE BOARD
    (by R.
    C.
    Flemal):
    This matter comes before the Board upon the July
    30,
    1990
    Motion
    to Dismiss filed by Respondent.
    No response has been
    filed by Complainant.
    Today,
    the Board denies Respondent’s
    motion
    to dismiss
    for the reasons set forth below.
    Pertinent parts of
    the history of this proceeding are
    necessary to reiterate here.
    On March
    22, 1990 the Board
    found,
    inter alia,
    that Respondent had violated 35
    Ill. Adm.
    Code
    900.102 and 901.102 of
    the Board’s noise
    regulations and ordered
    Respondent
    to cease and desist from violations of the Board’s
    regulations.
    Paragraph
    2 of
    that order required Respondent
    to
    submit a report describing noise abatement alternatives not later
    than April
    30, 1990, and to demonstrate compliance
    not later
    than
    June 15,
    1990.
    Paragraph
    2 of
    that Order further required
    Respondent
    to send Complainant
    a copy of the report.
    On April
    27,
    1990, Respondent submitted
    a
    report
    indicating
    that
    it has installed a three—sided plywood enclosure with a roof
    around the rooftop condensers.
    Respondent also had ninety-degree
    elbows
    fitted to the exhausts of
    the heat pumps, and disconnected
    three rooftop air—cooled condensers.
    Respondent also submitted
    results of noise measurements taken since
    installation of the
    abatement devices which show substantial noise reductions.
    After receipt of
    a letter
    from Complainant* contesting
    the
    information contained
    in Respondent’s April
    27
    report,
    on May 24,
    1990,
    the Board ordered Respondent to respond
    to
    the
    letter and
    certain questions.
    Such responses were also
    to be received by
    the Board not later
    than June 15,
    1990.
    On June
    14,
    1990,
    *
    Complainant’s May 19,
    1990 letter was later supported
    by
    affidavit filed June
    15, 1990.
    —2—
    Respondent
    filed a motion,
    stating
    that
    it believes that
    it has
    complied with
    the requirements of the March
    22,
    1990 Board Order,
    but asked for additional time until July
    31, 1990
    to demonstrate
    compliance
    to the Board, and
    to respond
    to the letter and
    questions.
    The Board granted
    the motion
    for additional
    time by
    Board Order of May 24, 1990.
    In its present motion,
    Respondent elects
    to stand on the
    March
    23,
    1990 Shriner
    & Associates report which Respondent
    submitted to the Board on April
    27, 1990,
    as evidence of
    compliance with the Board’s
    noise
    regulations.
    The Respondent
    states that the “report indicat~ substantial compliance with the
    Illinois Nighttime Regulations”
    The March
    23,
    1990
    report indicates that noise levels in
    excess of the Illinois Nighttime Regulations were
    recorded on
    January
    13,
    1990 at Octave Band Center Frequency,
    Hz Levels
    63,
    125,
    250,
    500,
    1000,
    2000,
    4000,
    8000,
    and A.
    The report further
    indicates that certain devices were
    installed and the structure
    was altered prior
    to a March
    19,
    1990
    recording.
    The report
    indicates that on March 19,
    1990 noise levels
    in excess of the
    Illinois Nighttime Regulations were
    recorded at Octave Band
    Center Frequency,
    Hz Levels
    63, 125,
    500, and A.
    In his
    letter,
    Complainant notes
    these March
    19 levels and argues
    that that
    Section 900.102 does not allow any sound eminission
    to cross his
    property lines which exceeds any allowable octave band pressure
    level as specified
    in the tables.
    Respondent and Shriner
    & Associates characterize the March
    19 measurements
    as
    indicating “substantial compliance”
    with the
    Board regulations.
    Rather,
    the Board finds that the March 19
    measurements show reductions have been achieved,
    but non-
    compliance with the regulations
    is still indicated.
    Respondent’s
    motion to dismiss
    is accordingly denied.
    Respondent
    is ordered
    to cease and desist from violations
    of 35
    Ill.
    Adm. Code 900.102
    and 901.102 and
    is further ordered
    to submit a report
    to the
    Board and Complainant which demonstrates compliance with all
    applicable Board regulations not later than September
    15,
    1990.
    IT
    IS SO ORDERED.
    **
    In
    response to additional
    Board queries,
    an affidavit was
    submitted
    with
    the motion
    in which
    the affiant states that one
    additional
    exhaust
    fan was installed which will only be operated
    during daylight hours.
    The Respondent
    in
    its motion further
    states that
    no additional equipment
    is operated during applicable
    nighttime hours.
    1 14~-756
    —3—
    I, Dorothy
    M.
    Gunn, Clerk of the Illinois Pollution Control
    Board, hereby certify
    that the above and Order
    was adopted on
    the
    ~
    day of
    ~2~c ~-i~4-
    ,
    1990,
    by
    a vote
    of
    7-o
    .
    7
    L
    ~
    /
    ~.
    Dorothy M.4~unn,Clerk
    Illinois P~l1utionControl Board
    114—757

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