ILLINOIS POLLUTION CONTROL BOARD
    May 24,
    1990
    BRIAN
    J.
    PETER,
    Complainant,
    v.
    )
    PCB 89—151
    (Enforcement)
    GENEVA MEAT AND FISH MARKET and
    GARY PIKULSKI,
    Respondent.
    ORDER OF THE BOARD
    (by
    P.
    C.
    Flenial):
    This matter cones before
    the Board upon
    its own motion
    for
    response
    to
    a filing received
    from the Complainant.
    On March
    22,
    1990
    the
    Board
    found,
    inter
    alia,
    that Respondent
    had violated
    35
    Ill.
    Adm.
    Code 900.102
    and 901.102 of the Board’s
    noise
    regulations
    and ordered Respondent
    to cease and desist from
    violations
    of
    the Board’s regulations.
    Paragraph
    2 of
    that order
    required Respondent
    to submit
    a report describing noise abatement
    alternatives not later
    than April
    30,
    1990,
    and
    to demonstrate
    compliance not later
    than June
    15,
    1990.
    Paragraph
    2 of
    that
    Order
    further. required Respondent
    to send Complainant
    a copy of
    the
    report.
    On April
    27, 1990,
    Respondent submitted
    a report
    indicating
    that
    it has
    installed
    a three—sided plywood enclosure with
    a roof
    around the rooftop condensers.
    Respondent also had ninety—degree
    elbows
    fitted
    to
    the exhausts
    of the heat pumps,
    and disconnected
    three rooftop
    air cooled condensers.
    Respondent also submitted
    results of noise measurements
    taken
    since installation of
    the
    abatement devices which show substantial noise reductions.
    Respondent believes that
    the noise abatement measures
    it has
    taken as described above satisfy
    the Board’s Order of March
    22,
    1990
    and place Respondent
    in substantial compliance with
    the
    applicable
    Board
    regulations.
    On May
    22,
    1990,
    the Board
    received
    a
    letter from
    Complainant which b~sical1ycontests
    the information contained
    in
    Respondent’s
    report.
    The Board notes
    that Complainant’s letter
    and Respondent’s
    report contain
    facts which
    are not part
    of
    the
    record
    and therefore should be
    supported by affidavits.
    Also,
    there
    is
    no indication
    that
    this
    letter
    was served upon
    Respondent.
    The Board
    therefore orders Complainant
    to file any
    affidavits necessary
    to support
    the facts asserted
    in the
    letter.
    The Board further orders Complainant
    to serve
    a copy of
    his letter
    in
    a manner
    as indicated by the Board’s procedural
    11 1—387
    —2—
    rules
    Section 101.142
    and
    to file proof
    of
    service as
    indicated
    by Section 101.143.
    Such
    service, proof
    of service, and the
    filing
    of affidavits
    shall
    be completed
    not later
    than June
    1,
    1990.
    The Board
    further orders,
    after
    proper serviceand
    proof of
    service
    of Complainant’s letter
    is complete,
    that Respondent
    respond
    to Complainant’s letter.
    Such
    response shall
    include,
    but need not
    he limited
    to:
    1)
    whether any exceedances
    of
    the noise limits
    contained
    in Section 900.102 continue
    to occur,
    and
    if so, what measures Respondent
    intends
    to
    use
    to attain compliance;
    2)
    whether
    the sources
    of
    thn noise were operating
    at
    full
    capacity during the
    time that the
    measurements were taken;
    3)
    whether any additional equipment has been added
    to the structure which would
    increase the noise
    levels since
    the last
    recording
    on March
    23,
    1990.
    Such response shall
    he received
    by
    the Board
    not later
    than
    June
    15, 1990,
    accompanied
    by proof
    of service upon
    Complainant.
    Also,
    any fects asserted
    in the previously
    submitted report and response
    which are not already part
    of the
    record
    in
    this proceeding
    should
    be s~mported by affidavits.
    IT
    IS SO ORDERED.
    I,
    Dorothy
    N.
    Gunn,
    Clerk of
    the Illinois Pollution Control
    Board, ~hereby certify that the above
    and Order was adopted
    on
    the
    ~
    ~‘
    day of
    /
    ‘
    ~,
    •
    ,
    1990,
    by
    a vote
    of
    z
    ~
    .
    Dorothy
    N. ~unn,
    Clerk
    Illinois Pollution Control
    Board
    I11—388

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