ILLINOIS
    POLLUTION
    CONTROL
    B07\RD
    Aoril 12
    ,
    1979
    ENVIRONMENTAL PROTECTION AGENCY,
    Comolainant,
    V.
    )
    PCB 77—190
    LARRY KLAIRMONT,
    Resoondent,
    MR. DEAN HANSELL, ASSISTANT ATTORNEY GENERAL, APPEARED ON BEHALF
    OF THE COMPLAINANT.
    MR. MICHAEL J.
    KRALOVEC, ATTORNEY AT LAW, APPEARED ON BEHALF OF
    THE RESPONDENT.
    OPINION
    AND
    ORDER OF
    THE
    BOARD
    (by Dr.
    Satchell):
    This matter comes before the Board upon an amended complaint
    filed on September 20, 1977 by the Environmental Protection
    Agency
    (Agency)
    .
    The complaint was amended to name Larry
    Klairmont Respondent after discovery indicated that he was the
    beneficial owner of the building in question which was held by
    the original Respondent,
    First National Bank of Highland Park,
    under a land trust.
    The complaint alleqes the Respondent caused
    or allowed violations of Section 24 of the Environmental Pro-
    tection Act
    (Act)
    and Rule 102 of of the Chapter
    8:
    Noise Regu-
    lations since June
    3,
    1976.
    A hearing was held on February
    28,
    1979 at which time a stipulated agreement was presented for
    Board approval.
    The agreement provides that Larry Klairmont is the bene-
    ficial owner of the Edens View
    Office Building in Chicago,
    behind which are located six ground mounted air conditioning
    units approximately seventy—five feet from the nearest residential
    building,
    The units are partially enclosed by a rough cedar wood
    fence.
    Technical personnel from the Agency took sound measurements
    on four dates during the summers of 1976,
    1977
    and 1978.
    Agency
    readings indicated violations of Rule 102 of the Noise Regulations
    on all dates.
    A citizen witness offered
    to testify
    for the Agency
    that the noise disrupted her life at home,
    outdoor activities,
    conversations and sleep,
    Respondent hired experts and asserted
    that there are other contributing noise factors in the general
    vicinity, including traffic noise.
    33—327
    —2—
    In the stipulated agreement, the Respondent does not admit
    to violations of the Act and Rule 102.
    However,
    he agrees to
    cease and desist from any violations and to a civil penalty of
    $400,
    The agreement provides a detailed plan to prevent further
    noise pollution.
    Respondent is to install an automatic timer
    limiting operation to 7:00 a.m.
    to 7:00 p.m.
    The existing
    wooden fence is to be extended to a height of ten feet and the
    bottom opening and a vertical opening on the east wall enclosed.
    The wall of the building behind the air conditioner
    is
    to he
    covered with weather resistant acoustic material.
    The Agency
    is to take
    sound measurements at least twenty-five feet from
    the property line.
    If the readings indicate violation of
    Rule 202,
    Respondent
    is to install weather resistant acoustic
    m&terial consisting of a lead vinyl substance on the inside of
    the wooden structure covering the entire southern and eastern
    wall.
    The Board
    finds the stipulated agreement acceptable under
    Procedural Rule 331 and Section 33(c)
    of the Act.
    The Board
    finds Respondent
    in violation of Section
    24 of the Act and
    Rule 102 of the Chapter
    8:
    Noise Regulations.
    A civil penalty
    of $400 will be assessed.
    This Opinion constitutes the Board’s
    findings of fact
    and conclusions of law in this matter.
    ORDER
    It is the Order of the Pollution Control Board that:
    1.
    Respondent
    is found to be in violation of Section 24
    of the Environmental Protection Act and Rule 102 of
    the Chapter
    8:
    Noise Regulations.
    2.
    Respondent shall pay within thirty days of the date
    of this Order a civil penalty of $400, payable by
    certified check or money order to:
    State of Illinois
    Fiscal Services Division
    Environmental Protection Agency
    2200 Churchill Road
    Springfield,
    Illinois 62706
    3.
    Respondent shall cease and desist from any violations
    of the Chapter
    8:
    Noise Regulations.
    4.
    Respondent shall comply with all terms of the stipulated
    agreement incorporated by reference
    as
    if completely
    set forth herein.
    33—328
    —3—
    5.
    Within thirty days from the date of this Order,
    Respondent shall complete his obligations under
    Sections
    2,
    3 and 5 of the stipulated agreement
    and shall notify the Board whether such steps
    have been completed or not.
    I, Christan L~.Moffett, Clerk of the Illinois Pollution
    Control Board, hereby certify the above Opinion and Order
    were adop ed on the
    ~
    day of
    __________,
    1979 by a
    vote of
    ~O
    Chr±stanL. Mo
    £
    lerk
    Illinois Pollutio
    ontrol Board
    33—329

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