ILLINOIS POLLUTION CONTROL BOARD
    January
    13,
    1983
    WILL COUNTY PRODUCE COMPANY and
    S
    & T COMPANY,
    Petitioners,
    v.
    )
    PCB 82—129
    ILLINOIS ENVIRONMENTAL PROTECTION AGENCY,
    Respondent.
    OPINION AND ORDER OF THE BOARD
    (by J.
    Anderson):
    This matter comes before the Board on the October 25,
    1982
    petition for variance of the Will County Produce Company
    (Company).
    The Company seeks variance from the noise emission limitations
    of Rule 204 “Sound Emitted to Class B Land”
    of Chapter
    8:
    Noise
    Pollution.
    On November
    15,
    1982 the Company moved to amen9
    its
    petition
    to add as
    a petitioner
    S
    & T Company, owner of the real
    estate on which its facility is located, which motion
    is granted.
    On January
    5,
    1983 the Illinois Environmental Protection Agency
    (Agency)
    filed its Recommendation in support of variance with
    conditions.
    Hearing was waived and none has been held.
    The Company operates a wholesale institutional food
    distributorship located at 250 Republic Avenue,
    Joliet-~.
    The
    facility is located
    in an exclusively commercial area,
    and
    operates year—round approximately 10 hours per day,
    5 days per
    week.
    The primary source of sound emission
    is four refrigeration
    units located on the north side of the facility.
    Operation of
    these units was the subject of an enforcement action before
    the
    Board,
    IEPA v. Will Coun~yProduce
    Co.,
    PCB 77—133
    (Sept.
    15,
    1977).
    This was brought by the Agency in response
    to complaints
    from an officer of the Three Sisters Beauty Salon,
    which is
    located in
    a building directly north of
    the facility.
    The
    Board
    accepted a stipulated settlement requiring the Company to install
    a
    lined,
    sound absorptive barrier on the outside of its building,
    and if noise violations persisted,
    to line the inside wall of the
    barrier facing the refrigeration units.
    In the event violations
    continued, the Company was directed to apply for a Board variance.
    In April,
    .1980 the Attorney General filed
    suit in
    the WiU
    County Circuit Court seeking enforcement of the Order.
    Compiian~
    was reached
    in October,
    1981,
    and final judgment entered pursuant
    to stipulation on December 21,
    1981.
    Peopl~y~_Will_Coun~
    Produce Co.,
    No.
    80CH87.
    51-19

    2
    The Company has expended in excess of $10,000 to build the
    required lined barrier and to line the building wall facing the
    barrier.
    According to the Agency, these actions resulted
    in the
    amount of noise emitted to the beauty salon property ranging from
    0 dB at 31,5 Hz to 16 dB at 8000 Hz,
    However,
    in order
    to achieve
    compliance with Rule 204,
    additional reductions ranging from
    ½
    dB
    at 8000 Hz to
    5 dB at 2000 Hz are needed,
    In response to Agency inquiry concerning this variance
    petition, one of the owners of the beauty salon indicated that she
    opposes grant of variance.
    While admitting that there has bean a
    substantial
    reduction in noise,
    she stated that the refrigeration
    unit noise interferes with the owners’ ability
    to work (do hair,
    facials, etc.)
    outside on the patio of their beauty parlor.
    However,
    she also remarked that she doesn’t want to force the
    Company to spend
    “a lot of money” to reduce the noise.
    The Agency suggests that compliance could be achieved
    in one
    of two ways.
    The first would involve relocation of the refriger-
    ation units to the south side of the building,
    it having been
    determined that the building roof cannot support their weight.
    This would involve installation of new refrigerant lines
    (and
    possibly flow pumps)
    at a cost in excess of $250,000;
    it could
    also result
    in installation of larger refrigeration units to
    handle back pressure.
    The other method would involve replacement of the existing
    plywood noise barrier with a more sound absorptive model.
    Installation of a heavier concrete block barrier or a commercial
    sound panel type barrier would cost between $85,000 and $135,000.
    The Company asserts that denial of variance would impose and
    arbitrary or unreasonable hardship, given its past efforts and
    expenditures.
    It states that the background noise
    level of the
    exclusively commercial surrounding area
    is already close to the
    applicable noise limits.
    It reminds the Board that
    in PCB 77—133,
    a survey answered by 19 of
    52 nearby commercial establishments
    indicated no objection to the Company’s noise.
    The Agency recommends grant of variance with conditions.
    It
    notes
    that of the
    3 responses received from the 11 businesses
    contacted concerning this variance,
    2 responded that they had no
    objection.
    In relation to the objection of the beauty salon, the
    Agency analyzed the effect of the noise on the salon’s outdoor
    activities,
    based on a USEPA document titled “Information on
    Levels of Environmental Noise Requisite to Protect Public Health
    and Welfare With An Adequate Margin of Safety”.
    The Agency’s conclusions
    (based on calculations which will
    not be set forth here) was that prior to erection of the barrier,
    the noise could have caused some hearing loss,
    and would have
    allowed
    “normal voice satisfactory conversation” only at a
    distance of
    ½
    meter
    (1.6 feet).
    Presently, there
    is no danger
    of hearing
    loss,
    “Normal voice satisfactory conversation” is
    possible at a distance of 1½ meters
    (4.9 feet),
    and “relaxed
    conversation”
    is possible at a distance of
    ½
    meter
    (1,6 feet).
    51-2(1

    3
    Variance conditions suggested by the Agency are that the
    variance be limited to the noise from the existing refrigeration
    units, that the Company be precluded from installing any other
    noise producing equipment along the north side of the building,
    and that it maintain the barrier and yearly report on its
    condition and effectiveness,
    The Board
    finds that,
    given the minimal nature of
    the noise
    interference and the high costs
    of achieving compliance as here
    presented, that denial of variance would impose an arbitrary and
    unreasonable hardship.
    The Board notes that neither party has
    suggested a maximum term for the variance.
    As no plan for
    ultimately achieving compliance has been included
    in this petition,
    it
    would seem that the relief the Company may ultimately need
    can he obtained only through a site—specific rule,
    A long term
    variance therefore has not been justified, particularly as the
    Board also notes that neither party has addressed the question
    of whether any improvements can be made to the existing harrier.
    The Board will grant an 18 month variance,
    subject to the
    conditions.
    During that time,
    the Company shall
    investigate the
    economic and technical feasibility of achieving compliance by
    improving the existing barrier,
    and shall report its
    findings
    to
    the Agency.
    On or before September
    1,
    1983, the Company shall
    then file a plan showing how it will come into compliance.
    This
    Order does not, however, preclude timely filing of a petition for
    site specific rule change,
    or a petition for variance from this
    Order in the event such petition is
    filed.
    This Opinion constitutes the findings of fact and conclusions
    of
    law of the Board in this matter,
    ORDER
    1)
    Petitioners,
    the Will County Produce Company (Company) and
    S
    &
    T Company,
    are hereby granted variance from Rule 204 of
    Chapter
    8:
    Noise Pollution as
    it relates
    to sound from four
    refrigeration units presently located on the north wall of
    the Company’s facility at 250 Republic Avenue, Joliet,
    subject to the following conditions:
    a)
    This variance shall terminate no later than July
    1,
    1984.
    b)
    This variance shall terminate at such earlier time as
    either any of the existing units are replaced or
    additional noise—producing equipment
    is placed on
    the
    north wall,
    c)
    The Company shall
    expeditiously investigate and report
    to the Agency concerning the economic and technical
    feasibility of achieving compliance through improving
    its existing noise barrier.
    51-21

    d)
    On or before September
    1,
    1983 the Company shall present
    to the Agency a program (with increments of progress)
    for achieving compliance with the noise regulations on
    or before the end of the variance period,
    and shall
    adhere to that schedule.
    e)
    The Company shall maintain
    its existing noise barrier in
    best manner practicable and shall report
    to the Agency
    concerning
    its condition and effectiveness on or before
    September
    1,
    1983.
    2)
    Within forty—five days of the date of this Order, Petitioner
    shall execute and forward to the Illinois Environmental
    Protection Agency,
    2200 Churchill Road,
    Springfield, Illinois
    62706,
    a Certificate of Acceptance and Agreement
    to be
    hound
    to all terms and conditions of this variance,
    This forty—
    five day period shall be held in abeyance for any period
    this
    matter is being appealed.
    The form of the certificate shall
    be as follows:
    CERTIFICATE
    I,
    (We),
    _____
    ____
    ,
    having read
    the Order of t~TTTThois ~o~Tllifi~ñCon?~I~~f~TnPCB 82-129,
    dated
    ______________-_____
    ,
    understand and accept
    the
    said Order, realizing that such acceptance renders all terms and
    conditions thereto binding and enforceable.
    Petitioner
    By:
    Authorized Agent
    Title
    Date
    IT
    IS SO ORDERED,
    Chairman Jacob D, Dumelle concurred,
    I,
    Christan
    L.
    Moffett,
    Clerk of the Illinois Pollution
    Control Board, here~ycertify~thatthe above Opinion and Order
    was
    adoi~tedon the ~
    day of
    ~
    1983 by a vote
    Pt.,
    ~
    ,..
    .
    ~Th~J
    y~
    ~
    Christan
    L, Moffett, Clerk
    Illinois Pollution Control
    Board

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