ILLIMOIS POLLUTION CONTROL BOARD
May 13, 1982
COUNTY OF PEORIA, A Body Politic
)
and Corporate,
Complainant,
PCB 80—38
BACON’S FARM LTD., and JOELL ALLEN,
)
Manager, Second Chance; and STEVE
CORICH,
Manager~ Second
Chance, d/b/a
“Second Chance,”
Respondents.
ORDER
OF
THE BOARD (by Jacob D, Durnelle):
On
February
4, 1982 the Board ordered the County of Peor:La
(County) and the Respondents (Second Chance) to provide to
each
other, to
the
Illinois Environmental Protection Agency (Agency)
and
to the Board within
14
days of the date of that Order, all
~urther
information not previously submitted concerning noise
tests conducted
at
the lounge. Thirty-one days thereafter, the
County and Second Chance were to comment regarding the present
status of compliance and upon what penalty, if any, should be
assessed. By Order of March 4, 1982, these dates were extended
for fourteen days as requested by Second Chance.
On February 15, 1982 and March 24, 1982 the County complied
with these two Orders. As of the date of this Order, Second
Chance has complied with neither.
The County’s February 15 submission includes Agency noise
test results from October 8, 1980 which indicate noise violations
aL a date after which Second Chance’s remedial measures had been
completed. According to
the
County’s latest submission, citizens
have continued to complain about the noise levels.
The Board has been more than patient in this matter and
must now reach a final disposition of this matter.
The County makes several recommendations as to abatement
work including insulation of the roof and a noise monitoring
and
control system. The County also recommends “a substantial
fine.” The Board will follow its recommendation in part.
47-05
—2—
The Board will order Second Chance to insulate the roof of
the lounge since that was recommended by its own consultant if
further measures were to become necessary and because the roof
is now, apparently, the predominant source of noise. That alone
may remedy the problem. For that reason and since the Board has
doubts as to whether the recommended noise monitoring and control
system would be workable, the Board will not impose such a system
upon Second Chance. The Board will, however, order that Second
Chance cease and desist from noise violations from its lounge.
Finally, the Board will impose a penalty to encourage Second
Chance to become a more responsible neighbor and to follow
applicable Board regulations and orders.
It is hereby ordered that:
1. Second Chance shall, within 45 days of the date
of this Order, pay a penalty of $1,000 by certi-
fied check or money order payable to the State
of Illinois, to be sent to:
Illinois Environmental Protection Agency
Fiscal Services Division
2200 Churchill Road
springfield, Illinois 62706
Respondents shall be jointly and severally
liable for this penalty.
2. Second Chance shall, within 90 days of the date
of this Order, insulate the roof area of the
subject facility so as to reduce noise emissions
in accordance with the Thompson Electronics
Company report which was done for the facility.
3. Within 90 days of the date of this Order Second
Chance shall cease and desist from violations of
Rules 102, 203 and 207 of Chapter 8: Noise
Pollution, and Section 24 of the Environmental
Protection Act.
IT IS SO ORDERED.
I, Christan L. Moffett, Clerk of the Illinois Pollution
Control Boa~dhereby certify that the above Order was adopted
on the
~
day of
,
1982 by a vote
of
~
~
~ja~
Christan L. Mof~~,Clerk
Illinois Pollution Control Board
47-06