ILLINOIS POLLUTION CONTROL BOARD

September

3,

1992

YOLANDA PRICE,

Complainant.,

)

v.

)

PCB 92—119

(Enforcement)

SOUTH SHORE VILLA

)

CONDOMINIUMS,

and QUALITY

)

MANAGEMENT SERVICE,

INC.,

)

)

Respondents.

ORDER OF THE BOARD

(by 3. Anderson):

On

August

20,

1992,

Yolanda

Price

filed

this

complaint

alleging

a

noise

nuisance

in

violation

of

35

Ill.

Adm.

Code

900.102.

Ms.

Price alleges that operation of the boiler by the

respondents,

the

condominium

association

and

the

management

service,

causes an unreasonable level of noise in the condominium

unit which she owns and

in which she lives.

The Board on its own motion directs the parties to brief the

issue as to whether the Board has jurisdiction in this matter in

light of the Board’s holding in Bruce Nesbitt v. The 100 Bellevue

Place Condominium Association, PCB 92—48

(May 21,

1992).

In that

case, the Board dismissed a complaint concerning noise from an air

conditioner and elevator, finding that

...noise that emanates from one Icondominium)

unit to another or from a common element to a

condominium)

unit remains within the confines

of a single property unit,

and does not “emit

beyond

the

boundaries”

of

one

property

to

another.

(Nesbitt,

p.

4)

The

parties

are

directed

to

file

simultaneous

briefs

addressing this jurisdictional

issue on

or before September 25,

1992.

The Clerk is directed to serve the parties with a copy of

Nesbitt along with this order via first class mail.

IT IS SO ORDERED.

0135-0531

---

2

I,

Dorothy N.

Gunn,

Clerk of the Illinois Pollution

Control

Board

hereby cer

fy tha

the above order was adopted on the

_____

of

~c,.

1992, by a vote of

7~

~

Dorothy N. ~nn,

Clerk

Illinois Po~.lutionControl Board

~~35-0532