ILLINOIS POLLUTION CONTROL BOARD
    July 24, 2003
    ANTHONY and KAREN ROTI, PAUL
    ROSENSTROCK, and LESLIE WEBER,
    Complainants,
    v.
    LTD COMMODITIES,
    Respondent.
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    PCB 99-19
    (Citizens Enforcement – Noise)
    DISSENTING OPINION (by T.E. Johnson and M.E. Tristano):
    We respectfully dissent from the Board's opinion and order issued today in this matter.
    We do not believe the record supports the remedial measures as imposed by the Board. While
    we agree that some of the ordered measures are both economically reasonable and technically
    feasible, we are loath to order, even conditionally, that LTD Commodities (LTD) cease nighttime
    trucking operations.
    The Board’s order directs LTD,
    inter alia
    , to cease trucking operations from 10:00 p.m.
    and 6:00 a.m. unless a continuous noise wall that is 25 feet tall and 520 feet in length is
    constructed. The record indicates that the construction of a noise wall is, at best, uncertain. The
    height of the wall is 19 feet in excess of that allowed by the Village of Bannockburn’s zoning
    code. Because the village only allows a variance from up to 20% of the height allowed by
    ordinance, a text amendment changing the ordinance would be required. Thus, obtaining village
    approval for the construction of the noise wall is questionable. When coupled with the estimated
    cost of constructing the noise wall – anywhere from $623,350 to $3,000,000 – it becomes more
    likely that the Board is in effect directing LTD to cease nighttime trucking operations.
    We do not believe that imposing such a drastic limitation on LTD’s operations is
    appropriate. Instead, we believe, as did the Board in its February 15, 2001 interim order, that
    eliminating LTD's nighttime operations would not be economically reasonable. Roti v. LTD
    ,
    PCB 99-19 slip op. at 30 (Feb. 15, 2001). The fact that LTD has voluntarily ceased nighttime
    trucking operations is not persuasive in this instance, and directing LTD to permanently continue
    this cessation is not warranted.
    For these reasons, we respectfully dissent.
    2
    Thomas E. Johnson
    Chairman of the Board
    Michael E. Tristano
    Board Member
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, certify that the above
    dissenting opinion was submitted on July 24, 2003.
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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