ILLINOIS POLLUTION CONTROL BOARD
October 29,
1992
RONALD
E. TEX and SUSAN D.
TEX,
Complainants,
V.
)
PCB 90—182
(Enforcement)
S.
SCOTT COGGESHALL and
)
COGGESHALL CONSTRUCTION COMPANY,
)
CHESTER BROSS, MIKE BROSS,
)
JEFF BROSS and CHESTER BROSS
)
CONSTRUCTION COMPANY,
)
)
Respondents.
CONCURRING
OPINION
(by
M.
Nardulli):
I
agree
with the majority’s
finding
of
a
numerical
noise
violation.
However,
after weighing the 33(c)
factors
(Ill.
Rev.
Stat.
1991,
ch.
111
1/2,
par.
1033(c)),
I would have also found
that
complainants
established
that respondents’
noise
and dust
emissions
unreasonably
interfered
with
the
enjoyment
of
complainants’ property.
Therefore,
I concur.
~2~L
N. Nardulli
Board Member
I,
Dorothy M.
Gunn,
Clerk of the Illinois Pollution Control
Board,
hereby certify that the above concurring opinion was filed
on the
~
day of
__________________,
1992.
~
Dorothy N. ~unn,
Clerk
Illinois Pàllution Control Board
U ~37O031