ILLINOIS POLLUTION CONTROL

BOARD

September 12, 1991

FRANKLIN D. VICKERS and

)

RUTH JEAN VICKERS,

)

)

Complainants,

PCB 91—42

V.

)

(Enforcement)

)

VILLAGE OF MILLSTADT,

)

)

Respondent.

DISSENTING OPINION

(by J.D. Dumelle):

The majority correctly found that the siren interfered with

the complainants enjoyment of life.

Having reached this finding

they then missed the main import of the testimony and consequently

failed to order remediation.

The record

is

replete with four separate witnesses stating

that

~

.You have to cover your ears, because it actually hurts...”

(R.21) and “...the grandchildren when they are over

——

you have to

cover their ears, it’s so loud.”

(R.34) and “...it is an extremely

loud shrill.. .You have to cover your ears.”

(R.36)

and “It hurts

my ears.

It really does.”

(R.38).

The main import of the testimony quoted above is that these

noise

levels of the siren are certainly causing hearing damage.

Physical

pain

(“it

actually

hurts”)

is

only

associated

with

permanent damage to the delicate hearing mechanisms of the ears.

The City of Millstadt should install lower output sirens but

more of them in order to get the coverage it

feels

it needs.

To

place

this

single high intensity noise

source

in

a

residential

neighborhood

is

to

inflict

not

only

a

nuisance

but

permanent

hearing damage onto both children and adults.

For these reasons,

I dissent.

J cob D.

Dumelle, P.E.

oard Member

I,

Dorothy M.

Gunn,

Cl

k of the Illinois Pollution Control

Board

hereby

Certify_that

the

a

v

issenting

Opinion

was

submitted on the

~?~‘-~

day of

_______________,

1991.

~

AL

Dorothy M.

G,1~n,Clerk

Illinois PoX)ution Control Board

126—45