ILLINOIS POLLUTION CONTROL BOARD

June 18, 1976

ENVIRONMENTAL PROTECTION AGENCY,

Complainant,

v.

)

PCB 75—37

JIM

RANKIN,

d/b/a SOUTH SHORE

)

GOLF COURSE,

)

Respondent.

MS. HELGA HUBER, ASSISTANT ATTORNEY GENERAL, appeared on behalf

of Complainant;

MR. DENNIS MAREK, appeared on behalf of Respondent.

OPINION AND ORDER OF THE BOARD (by Mr. Duxnelle):

On January 27, 1975 the Environmental Protection Agency

(Agency) filed the instant Complaint against Mr. James Rankin,

d/b/a South Shore Golf Course located on Route 2, Momence,

Kankakee County, Illinois. The Complaint alleges violation of

Rule 102 of the Board’s Noise Regulations and hence Section 24

of the Environmental Protection Act (Act). A hearing was held

on April 2, 1976 at which a Stipulation and Proposal for

Settlement was presented. This document was signed by the

Agency, Jim Rankin, and James H. Kasler. Mr. Kasler is the

successor in interest to Mr. Rankin and has explicitly submitted

to the Board’s jurisdiction for the purpose of this Settlement

(Stipulation, para. 8).

The Stipulation establishes that the operation of the golf

course’s watering system did result in noise pollution; causing

nearby residents to reduce or curtail outdoor activity, have

their sleep interrupted, and to experience difficulty in listening

to television and radio at normal sound levels (paras.

4

and 5).

22—97

---

—2—

Paragraph 6 of the Stipulation lists actions which were

taken by Mr. Rankin or Mr. Kasler to eliminate this noise. These

actions include installation of an engine muffler and sound-

proof ing the pumphouse structure.

While the Board does find the stated noise emissions to

have constituted “noise pollution” under Rule 102 of the

Noise Regulations and Section 24 of the Act, the problem now

appears to have been corrected. The Board finds no reason to

reject the proposed Settlement in this cause. However, the Board

will make binding Mr. Kasler’s commitment to properly maintain and

repair or replace all the aforementioned noise abatement techniques

described in paragraph 6 of the Stipulation, and to cease and

desist from the violation found in this cause. No monetary penalty

will be imposed.

This opinion constitutes the Board’s findings of fact and

conclusions of law.

ORDER

1. Respondent James Rankin, d/b/a South Shore Golf Course

is hereby found to have violated Rule 102 of the Board’s Noise

Regulations and Section 24 of the Act.

2. Respondent James Rankin and Mr.

James

H. Kasler are

hereby ordered to cease and desist the aforesaid violations.

3. Mr. James Fl. Kasler is hereby ordered to maintain the

noise abatement techniques indicated in paragraph 6 of the Stipulation

so as to prevent the emission of any sound beyond the boundaries

of the South Shore Golf Course which unreasonably interferes

with the enjoyment of life or with any lawful business, or activity.

IT IS SO ORDERED.

I, Christan L. Moffett, Clerk of the Illinois Pollution Control

Boarc~, hereby certify the above Opinion an Order were adopted on the

)~1’~dayof June, 1976 by a vote of

...p

Illinois Pollution Con

Board