ILLINOIS POLLUTION CONTROL BOARD
    April
    28, 1977
    ENVIRONMENTAL PROTECTION AGENCY,
    )
    Complainant,
    v.
    )
    PCB 76—238
    FRANK’S
    CAR WASH,
    INC.,
    an Illinois corporation,
    Respondent.
    Ms. Susan Shurnway, Assistant Attorney General, appeared
    for
    the
    Complainant;
    Mr. Benjamin P. Alschuier, Attorney, appeared for the Respondent.
    OPINION AND ORDER OF THE BOARD
    (by Mr.
    Zeitlin):
    This matter is before the Board on a formal Complaint filed
    by the Environmental Protection Agency
    (Agency) on September
    23, 1976,
    alleging that
    a car wash facility owned and operated by Respondent
    Frank’s Car Wash,
    Inc.,
    (Frank’s)
    located
    in Aurora, Kane County,
    had been operated in violation of Rule 202 of Chapter
    8:
    Noise
    Pollution,
    of this Board’s Rules and Regulations,
    on the dates set
    forth below.
    A hearing was held in the matter on March 18,
    1977,
    in Geneva,
    Illinois.
    At that hearing the parties entered
    a Stipulation and
    Proposal for Settlement
    (Stipulation), which forms the basis for
    this Opinion and Order.
    No other testimony or evidence was entered
    at that hearing, although Respondent’s attorney did note for the
    record that a violation of the Noise Pollution Regulations
    is
    admitted, which Respondent has agreed
    in the Stipulation to abate.
    The parties stipulate that Frank’s car wash facility is
    located
    on “Class B”
    land,
    as defined
    in the Noise Pollution Regulations,
    and that the facility is thereby bound by the noise limitations
    in
    Rule 202 of those Regulations.
    They also agree
    that the principal
    source of noise at the facility is certain drying equipment, which
    includes blower units driven by two 40 horsepower,
    3545 rpm electric
    motors, with various compressor fans, air nozzles, etc. which channel
    the air flow.
    The area surrounding the car wash has both residential
    and commercial
    uses.
    Noise measurements taken on nearby
    “Class A’
    land showed violations of the Rule 202 standards
    for noise emissions
    from Class B land to Class A land at the 63, 125,
    250,
    500,
    1000,
    ~0O0,
    4000, and 8000 Hz octave band center frequencies on April
    1,
    May
    8,
    September
    23, October 14, December
    2, December
    3,
    and
    December
    10, 1975.
    25
    —
    375
    —2--
    The Stipulation and accompanying exhibits indicate that Frank’s
    was aware of its noise problem early in 1975.
    In
    a voluntary effort
    to achieve compliance, Frank’s installed a sound-attenuation kit
    designed and manufactured for it by the manufacturer of the drying
    equipment described above.
    Installed by November 15, 1975, at a
    cost of $3100,
    the sound-attenuation kit failed to achieve compli-
    ance.
    In a continuing effort to achieve compliance, Frank’s attempted
    to obtain permission from adjacent property owners to enter onto
    their property for the construction of a wall and roof designed to
    achieve compliance.
    Frank’s was unable to obtain such permission.
    The parties now stipulate that it
    is both technically practic-
    able and economically reasonable for Frank’s to construct such a
    wall,
    (see,
    Ex. R to Stipj, without intruding on the adjacent
    property.
    The parties agree that this construction should achieve
    compliance with Rule 202.
    The Stipulation in this matter contains considerable information
    in mitigation of the admitted violation;
    there is also aggravation,
    (Stip.
    ¶14).
    On balance,
    that information along with the material
    set forth above indicates that the $200 penalty stipulated to by
    the parties for the admitted violations
    is adequate.
    The other factors in the proposed settlement are similarly
    accepted.
    In addition to constructing the wall described above,
    (construction to commence no later than May 1,
    1977), Frank’s has
    agreed that if compliance is not achieved, Frank’s will construct
    a roof over
    the proper areas
    in a further attempt to achieve
    compliance at an additional cost of $3000.
    If compliance has still
    not been reached, Frank’s will apply to the Board
    for a variance.
    We shall accept the Stipulation inasmuch as Frank’s is
    attempting in good faith to achieve compliance with Rule 202 in a
    reasonably expeditious manner.
    This Opinion constitutes the findings of fact and conclusions
    of law of the Board
    in this matter.
    ORDER
    IT IS THE ORDER OF THE POLLUTION CONTROL BOARD that:
    1.
    Respondent Frank’s Car Wash,
    Inc.,
    is found to have
    operated its car wash facility in Aurora,
    Illinois, on the dates
    set forth
    in the accompanying Opinion,
    in violation of Rule 202 of
    Chapter
    8: Noise Pollution, of this Board’s Rules and Regulations.
    25
    —
    376
    —3—
    2.
    Respondent shall pay as a penalty for such violations
    the sum of Two Hundred Dollars
    ($200.00), payment to be made within
    thirty
    (30) days of the date of this Order to:
    Environmental Protection Agency
    Fiscal Services Division
    2200 Churchill Road
    Springfield, Illinois
    62706
    3.
    Frank’s shall implement a compliance plan as set forth
    in the Stipulation and Proposal for Settlement submitted by the
    parties to this matter,
    as detailed
    in paragraphs
    19 through 23
    thereof.
    I, Christan
    L. Moffett,
    Clerk of the Illinois Pollution
    Control Board, her~bycertify the above Opinion and Order w~e
    adopted on the ~~ç’
    day of
    _________,
    1977, by a vote of
    ~3-O
    Christan L. Moffett,
    lerk
    Illinois Pollution Control Board
    25
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