ILLINOIS POLLUTION CONTROL BOARD
    August
    8,
    1991
    VILLAGE OF MATTESON,
    )
    Complainant,
    v.
    )
    PCB 90—146
    (Enforcement)
    WORLD
    MUSIC
    THEATRE,
    )
    JAN
    PRODUCTIONS,
    LTD.,
    )
    DISCOVERY
    SOUTH GROUP, LTD.,
    )
    and
    GIE~CZYKDEVELOPMENT,
    INC.,
    )
    )
    Respondents.
    ORDER
    OF
    THE
    BOARD
    (by B.
    Forcade):
    On July 22,
    1991, the Village of Matteson (“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 (the respondents are
    collectively called “Theatre”) which allows adjusting the sound
    at the source to produce lower sound values.
    In its petition
    Matteson seeks
    a declaration that the instantaneous radio
    feedback loop violates both the spirit and the letter of the
    Board’s April 25,
    1991 Order.
    Matteson 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.
    Matteson 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 issued an
    Order on July 25,
    199.
    which did not dispose of this motion.
    On July 29,
    1991, Theatre filed a response to the motion
    opposing any additional relief.
    Theatre agrees that monitoring
    personnel use radios to communicate with the Theatre and that
    such information is used as a noise control option to prevent
    violations of 35 Ill.
    Adm. Code 901.102.
    Theatre asserts that:
    (1) the radio feedback loop implements the spirit and letter of
    the Board’s April 25,
    1991,
    Interim Order rather than violating
    it,
    (2) the Matteson motion contains no competent evidence of
    violations or severe sound disruption
    a prerequisite for
    interim relief, and
    (3)
    the feedback loop does not compromise
    data collection and serves to avoid noise violations.
    Natteson
    asserts that any relief at this time would be premature in that
    the
    final
    report
    is
    due
    August
    2,
    1991.
    Matteson’s motion is denied at this time insofar as it
    requests an Order prohibiting such feedback loop and requiring
    additional monitoring without such feedback.
    The Interim Order
    did
    not
    prohibit Theatre from taking actions to control sound
    125—09

    2
    volume in an attempt to eliminate either numerical violations or
    citizen complaints.
    Such actions could reasonably include radio
    communications from a sound monitoring location.
    The Board takes
    no position on whether participation in such feedback loop by an
    “independent consultant”
    is appropriate.
    More importantly, the
    Board does not today evaluate any aspect of the numerical data
    submitted or the meaning of such data.
    The impact of a feedback
    loop on the significance of the data is a matter better left to
    the parties for evaluation as part of the interaction regarding
    the final report.
    Regarding Matteson’s request for clarification, the Board
    believes the purpose of sound monitoring is adequately explained
    in the Interim Order:
    The
    Board
    will
    also
    require meaningful
    and
    effective noise monitoring by an independent
    consultant.
    That monitoring can be utilized
    to evaluate compliance with existing numerical
    regulatory limitations on sound emissions, and
    it
    also
    can
    be used
    as
    an
    effective
    focal
    point
    for evaluating
    future
    sound
    abatement
    activities which may or may not be necessary.
    Interim Order,
    p.
    37
    The Interim Order repeatedly identified “turning down the
    amplifiers” as a method of sound control.
    The Board cannot
    foreclose a radio feedback loop as one component of a possible
    future sound abatement activity.
    On August
    6,
    1991, the final report was filed with the
    Board.
    A preliminary review of the report indicates that it does
    not contain the
    material required in the Board’s Order of July
    25,
    1991
    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 Matteson 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.
    126—10

    3
    The Board will allow the Theatre until August 20,
    1991 to
    provide copies of the one—hour Leq spectra (which must include
    instantaneous values prior to any correction or averaging over
    time),
    the log of time and content of any conversation, and any
    actions taken by Theatre as a result.
    On one additional matter, the Board received a public
    comment in this proceeding on July 30,
    1991.
    That comment
    consisted of a July 26,
    1991 certified letter from the Illinois
    Environn~entalProtection Agency (“Agency”) to the hearing officer
    and attorneys for both parties.
    That letter recited the
    inclusion of several documents,
    but no documents were enclosed.
    On August 5,
    1991,
    a revised version of the comment was filed
    which did have several enclosures.
    IT IS SO ORDERED.
    I, Dorothy M. Gunn,
    Clerk of the Illinois Pollution Control
    Board
    .
    hereby certify that the above Order was adopted on~e
    _____
    day of
    __________________,
    1991,
    by a vote of
    /O
    Control Board
    125—11

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