ILLINOIS POLLUTION CONTROL BOARD
July 25,
199.
VILL1~GEOF MATTESON,
)
Complainant,
V.
)
PCB 90—146
(Enforcement)
WORLD MUSIC THEATRE
)
JAM
PRODUCTIONS,
LTD.,
DISCOVERY SOUTH GROUP,
LTD.,
)
and GIERCZYK DEVELOPMENT,
INC.,
)
)
Respondents.
ORDER OF THE BOARD
(by R.
C.
Flernal):
On July 22,
1991, the Village of Matteson filed a Petition
for Interim Relief.
That Petition asserts various continuing
nuisance and numerical sound violations and notes an
instantaneous radio feedback loop between the sound monitoring
technicians and the World Music Theatre which allows adjusting
the sound at the source to produce lower sound values.
In its
petition Natteson seeks a declaration that the instantaneous
radio feedback loop violates both the spirit and the letter of
the Board’s April
25, 1991 Order.
Natteson seeks an Order
prohibiting such feedback loop and requiring additional
monitoring without such feedback.
In the alternative, Matteson
seeks clarification of the method for determining improvements at
the Theatre.
Natteson does not seek an Order compelling any
noise reduction activities at the theatre prior to the submission
of the August report on sound monitoring.
The Board notes that
sound monitoring must continue pursuant to paragraph 2(d) of the
Interim Order,
“Sound monitoring shall commence with the first
concert and shall continue until
a
final order by this Board.”
Because of the dispute that has arisen regarding the
legitimacy of the data being collected,
the Board will require
World Music Theatre to ensure that all raw uncorrected data
acquired in this monitoring effort be preserved and that copies
of such raw data be provided to Natteson and included in the
final report.
In addition, World Music Theatre shall prepare a
log of the time and content of all communications between the
monitoring locations and the Theatre,
including any actions taken
by the Theatre to alter noise levels being recorded, as a result
of such conversations.
The Board will not act on the Petition for Interim Relief at
this time, since World Music Theatre has not had an adequate
opportunity to respond.
The Board would anticipate action on the
Petition at the August 8,
1991 Board meeting.
124—181
2
The Board notes that the numerical noise data supplied by
Natteson appears to represent some summary of partial data.
Further, the allegations of numerical data and citizen complaints
are not verified.
Absent some agreement between the parties
regarding the accuracy of the data collected, the Board would be
reluctant to require sound abatement activities based upon
unsworn partial data.
IT IS SO ORDERED.
J. Theodore Meyer dissented.
I, Dorothy M. Gunn,
Clerk of the Illinois Pollution Control
Board
hereby certif
th t the above Order was adopted on t)ie
_____
day of
__________________,
1991,
by a vote of
‘7~
/
~7.
Dorothy N.
G)4hn, Clerk
Illinois Poiilution Control Board
124-482