ILLINOIS POLLUTION CONTROL BOARD
    December 16,
    1976
    ENVTT~CNMENTAL PPOTECTION
    AGENCY,
    Complainant,
    v.
    )
    PCB 75—471
    R.
    H. LINCOLN,
    INC.,
    an Illinois corporation,
    Respondent.
    OPINION AND ORDER OF THE BOARD
    (by Mr.
    Zeitlin):
    The Complaint
    in this matter was filed by the Environmental
    Protection Agency
    (Agency) on December
    15,
    1975,
    charging Respondent
    R.
    H. Lincoln,
    Inc.
    (Lincoln)
    with violation of Section 24 of the
    Environmental Protection Act
    (Act)
    and Rule 202 of the Board’s
    Noise Regulations.
    Ill.
    Rev.
    Stat.,
    Ch. 111—1/2,
    §1024
    (1975);
    Ill.
    PCB Regs., .Ch.
    8,
    Rule 202
    (1973).
    Those violations were
    alleged to have occurred in Lincoln’s operation of an automatic
    car wash at 539 Woodlawn,
    Lincoln, Logan County,
    Illinois,
    from
    August 10,
    1974 through the filing of the Complaint.
    A hearing was held on July
    9,
    1976,
    at which the parties
    announced their intent to file a Stipulation and Proposed Settle-
    ment pursuant to Rule 333 of the Board’s Procedural Rules.
    Ill.
    PCB Regs.,
    Ch.
    1,
    Rule 333.
    The remainder of that hearing was used
    to take citizen testimony from Mr. and Mrs.
    James Malerich, who
    live adjacent
    to Lincoln’s car wash.
    The Stipulation and Proposed Settlement was filed by the parties
    on July
    20,
    1976.
    In the Proposed Settlement,
    Lincoln expressly
    admiL~
    vJo1dt~j()w;
    OJ
    I~n1o
    202
    atl(J,
    LII(~rUi~r(~,
    VI.()Idt
    oil
    oF
    524
    of
    the Act
    ,
    and
    a~jrees
    Lo
    construct:
    a
    ho
    so
    barn
    en
    OX~CC
    Fed
    t
    o
    aba
    Le
    t:
    hose
    V
    I
    0)
    1
    d
    t
    I On S
    .
    bo LIi
    par
    Li
    CS
    rosen
    Vod
    d(J 10( ‘1(51
    I
    Oil
    I-
    110
    1
    5 SUC
    oF
    whether a penalty should be imposed and submitted written arguments
    accordingly.
    To assess the effectiveness of the noise barriers which were
    agreed to
    in that Stipulation and Proposed Settlement,
    the Board
    on September
    2,
    1976, entered
    an Interim Order requesting additional
    noise level measurements.
    Those measurements were
    in fact made,
    and the parties submitted a Supplemental Stipulation based on the
    results.
    The parties did not amend their Proposed Settlement
    in
    the Supplemental Stipulation.
    24
    —
    391
    —2—
    In determining the acceptability of the Proposed Settlement,
    we
    have examined the magnitude of the admitted violations,
    the
    nature and extent of Respondent’s corrective measures,
    timinq of
    such neasures,
    and their effectiveness.
    Lincoln’s first abatement attempts were instituted only after
    the instant proceedings were initiated.
    The installation of
    a
    muffler was completed at the time of an Agency sound level measure-
    ment taken on March
    1,
    1976.
    The results of the muffler installation
    are shown
    in the following table,
    along with previous measurements
    made before any corrective work.
    CX2TAVE LAME)
    CENTER FREQUENCY
    RULE
    202
    FEB.
    13,
    1975
    CXT.
    21,
    1975
    NARCH
    1,
    1976
    (HERTZ)
    LIMITS
    MEZ\SUPFMENTS
    MEASUPIMENTS
    MEASUPEIIENTS
    31.5
    72
    64
    63
    63
    63
    71
    76
    68
    67
    125
    65
    62
    67
    66
    250
    57
    63
    65
    63
    500
    51
    69
    67
    66
    1000
    45
    70
    70
    65
    2000
    39
    68
    68
    63
    4000
    34
    60
    62
    56
    8000
    32
    48
    52
    46
    Under
    the
    terms
    of
    the
    July
    20,
    1976,
    original
    Stipulation
    and
    Proposed Settlement,
    Lincoln performed the following abatement work:
    1.
    Construction of
    a 16—foot extension on the car
    wash facility,
    lined with acoustical absorbing material,
    and with acoustical baffles protruding from the walls and
    ceiling; and
    2.
    Construction of an acoustical barrier
    9
    feet
    high
    by
    15 feet long,
    separating the car wash from the
    adjacent property.
    Ti~at
    construction
    aciliOVed
    tho
    fol lowing
    rosii
    I
    Octave Band Center
    Rule 202
    Ambient
    Site
    Site
    Frequency
    (Hz)
    Limits
    (dB)
    (dB)
    3
    -
    4
    -
    *
    31.5
    72
    59
    64
    64
    63
    71
    68
    68
    65
    125
    65
    57
    63
    62
    250
    57
    53
    60
    55
    500
    51
    48
    52
    49
    1000
    45
    49
    51
    50
    2000
    39
    48
    46
    47
    4000
    34
    39
    39
    39
    8000
    32
    31
    43
    34
    24
    —
    392
    —3—
    It
    must
    be
    noted
    that
    after
    adjustment
    for
    ambient
    noise,
    minor
    sossible violations remain at site
    ~Ø
    —
    k,”
    at three octave band
    center frequencies.
    We
    feel, however,
    that these are de niinimus,
    particularly
    in light of the fact that Mr. and Mrs. Malerich
    inuLcated,
    at the July
    9,
    1976 hearing,
    that they would be satisfied
    by
    the abatement construction indicated above,
    and the Malenich’s
    indication
    in the Supplemental Stipulation
    ——
    after the fact
    ——
    that Lincoln’s compliance efforts have completely satisfied them.
    Inasmuch as the Malerich’s were the only complaining witnesses,
    and
    reside
    on
    the only property which has been,
    or might be,
    adversely impacted by noise from Lincoln’s car wash,
    we find the
    Proposed Settlement acceptable.
    In determining whether
    a penalty is warranted,
    we
    note
    that
    the admitted violations were severe,
    and included substantial devia-
    tions from the Rule 202 standards for sound transmitted from Class
    B
    land
    (the car wash)
    to Class A land
    (surrounding residences)
    .
    In
    addition,
    testimony indicates that the noise emitted from Lincoln’s
    car wash seriously interfered with the enjoyment of life and property.
    The Malerich’s were forced
    to forego the use of their yard,
    and were
    forced to use air conditioning when not needed,
    (R.
    17)
    Balancing those violations against the good faith shown by
    Lincoln
    since
    tl~e institution
    of
    this
    case,
    and
    the
    marked
    abatement
    of noise emissions from the car wash, we find that a penalty is
    warranted.
    Inasmuch as Respondent introduced no mitigating testimony
    except as noted above,
    for our consideration under §33(c)
    of the Act,
    and has admitted violation of Rule 202 and §24 of the Act! we feel
    that a $200.00 penalty is necessary to promote timely and complete
    compliance with the Act and our Regulations.
    This Opinion constitutes the findings of fact and conclusions
    of law of the Board in this matter.
    ORDER
    JT
    S
    ‘lifE ORDER
    01
    TIlE
    POLI,tJT
    ION
    CON’1POL bOARD
    I
    list
    1
    .
    bespondon
    1
    H.
    LI.
    Lincoln,
    Inc.
    ,
    is
    found
    to have
    operated
    its automatic car wash in Lincoln,
    Illinois,
    so
    as
    to emit excessive
    sound levels
    to receiving residential property in violation of Rule
    202 of the Board’s Noise Pollution Regulations and Section
    24 of the
    Environmental Protection Act.
    2.
    Respondent
    R.
    H. Lincoln,
    Inc.,
    shall
    pay the
    SUffi
    of
    Two
    Hundred Dollars
    ($200.00)
    as
    a civil penalty for past violations of
    the Noise Pollution Control Regulations.
    24
    —
    393
    —4—
    I,
    Chnistan
    L.
    Moffett, Clerk of the Illinois Pollution
    Control
    Board,
    hçreby
    certify
    he
    ab
    ye
    Opinion
    and
    Order
    were
    adopted
    on
    the
    J~Q~
    day of
    1976,
    by a vote of
    Christan
    Clerk
    Illinois Pollution Control Board
    24
    —
    394

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