ILLINOIS POLLUTION

CONTROL

BOA RD

December

1,

1983

COUNTY OF PEORIA,

A BODY OF POLITIC AND

CORPORATE,

Cornplainant,

v.

)

PCB

8O-~32

BACON’S

FARM

LTD.,

JOELL

ALLEN,

MANAGER, SECOND CHANCE

AND STEVE

CORICH, MANAGER, SECOND

CHANGE,

D/B/A SECOND CHANCE,

Respondents.

ORDER OF THE BOARD

(by J.

U,

Dumelle)

This matter comes before

the Board upon

a November 17,

1.

Motion for leave to file instanter,

2.

Joint

final report

of

l3acorYs Farm

Ltd.

and the County

of Peoria,

3.

Motion for leave

to file

instanter a motion by Bacon’s

Farm Ltd.

for approval of

its

‘notion

for

reconsideration

as amended and

dismissal

of this

cause, and

4.

Motion of Bacon’s

Farm

r~tc1. for

approval

of its motion

for reconsideration

as amended and

dismissal.

The

Board entered a

final Order

in this

matter on May 13,

1982 wherein it ordered

Bacon~sFarm to

take

certain

actions

with regard to noise insulation

at the premises known as the

Second Chance.

Further, the Board ordered

Bacon’s Farm to

pay a penalty

of

$1,000.00,

Bacon’s Farm filed

a Motion for

Reconsideration on June 21,

1982

and an Amended

Motion

for

Reconsideration on June

29,

1982

which noted that i~October 1981

Bacon’s Farm sold Second Change to

an

unrelated

entity.

Although Bacon’s

Farm did not have any

control over the

property,

it

obtained

the cooperation of

O’Leary’s,

Inc.,

the

then holder of a leasehold

interest

in Second

Chance,

and

meetings with the County,

representatives

of

O’Leary’s,

Inc.

and Bacon’s Farm,

and

neighbors were held,

55-01

---

2

Joint noise testing

was

conducted

with

Bacon’s Farm’s

electronic consultants

and

representatives of the tllinois

Environmental

Protection

Agency,

after

which

it

was

determined

jointly

by

the

parties

that

an

interior

sound

system

would

be

sufficient

to

control

any

noise

problems

at

Second

chance.

Bacon’s

Farm

then

installed

a

sound

monitoring

system

in

May

of

1983

and

the

parties

jointly

inspected

the

system.

Shortly before the installation of the sound monitoring

system, O’Leary’s, Inc. vacated Second Chance, which

had

no live

entertainment for a period of months.

Unfortunately, while

arranging access for the inspection of the sound monitoring

system,

the

system

was

partially

dismantled

through

rio

fault

of

Bacon’s

Farm.

Further,

Bacon’s

Farm

has

no

present control

over

the

premises

and

has

no ability

to

re-install

the

complete

sound monitoring system.

Since

the

entry

of

appearance

of

present

counsel

for

Bacon’s

Farm,

Bacon’s

Farm

has

fully

cooperated

with

the

County,

and tile

the

County

may

have

wished

at

times

that

certain

matters

proceed

at

a

more

expeditious

pace,

it

agrees

that

the

parties

have

proceeded

in

a

spirit

of

cooperation

to

arrive

at

a

mutually

satisfactory

solution

to

the

issues

and

problems

presented

to

the

Board.

The

parties

also

agree

that

installation

of

the

sound

monitoring

system

should

be

considered

in

lieu

of

the

roof

insulation

ordered

by

the

Board

in

that

it

should

have

resulted

in

compliance

with

the

noise

regulations.

They

agree,

further,

that

Bacon’s

Farm

is

not

responsible

for

any

noise

disturbances

since

October

1981.

Given

these

facts,

condition

(2) of

the

Board’s

May

13,

1982

Order regarding roof insulation

and

condition (37 ordering Bacon’s

Farm to cease

and

desist are no longer necessary and, upon

reconsideration, which is hereby granted, are deleted.

The motions

to file instanter are also granted.

All that remains is the motion to dismiss, and the only

question

in

that

regard

is

tether

the

penalty

remains

appropriate.

The

Board

agrees

with

the

County

that

tile

Bacon’s

Farm

has

been

cooperative

since

January,

1982,

its

lack

of

cooperation

from

March,

1978

through

the

end

of

1981

cannot

be

condoned,

and

the

penalty

provision

should

be

retained.

Therefore,

it

is

hereby

ordered

that:

Bacon’s Farm shall, within 45 days of the date of this

Order, pay a penalty of $1,000 by certified check or money

order payable to the State of Illinois, to be sept to:

55e02

---

3

Illinois Environmental Protection Agency

Fiscal Services

Division

2200 Churchill Road

Springfield,

IL

62706

Respondents

shall

be jointly and

severally

liable

for this

penalty.

IT IS SO ORDERED.

I,

Christan

L, Moffett,

Clerk

of the

Illinois Pollution

Control Board, here~ycertify that the

above

Order was

adopted on the

day of

,

1983

by a vote of

~

_____

Illinois

Pollution

ntrol Board

55-03