ILLINOIS POLLUTION CONTROL BOARD

August 8, 1972

JOHN MALNERICK

v.

)

#72—323

OWENS ILLINOIS PLASTIC PRODUCT DIV.

Opinion & Order of the Board (by Mr. Currie):

This citizen complaint charges noise pollution and seeks

to have an “investigation” resulting in having the company “stop

the noise for good.’1 It is denominated a “formal” complaint, which

requires us to decide whether or not to schedule a hearing. The

relief requested suggests this is not what the complainant really

wants, and if it were more detail in specifying the facts on

which the complaint is based would be required to give adequate

notice to the respondent. In any event we must dismiss the

formal complaint because the statute does not itself outlaw noise;

no action can be brought for noise pollution until regulations are

adopted. Regulations on the subject are presently the subject of

public hearings in which all interested persons are invited to

take part. The complaint will be referred to the Environmental

Protection Agency for investigation.

It is so ordered.

I,

Christan Moffett, Clerk of the Pollution Control Board,

certify that the Board adopted the above Opinion and Order

this 8th day of August, 1972, by a vote of 5-0.

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