ILLINOIS POLLUTION CONTROL BOARD
    November 20,
    1980
    ILLINOIS ENVIRONMENTAL PROTECTION
    )
    AGENCY,
    Complainant,
    v.
    )
    PCB 77—286
    BURLINGTON NORTHERN, INC.,
    a
    )
    Delaware Corporation,
    )
    Respondent.
    THOMAS CHIOLA, ASSISTANT ATTORNEY GENERAL, APPEARED ON BEHALF OF
    COMPLAINANT.
    BARRY GUTTERMAN, BURLINGTON NORTHERN,
    INC., APPEARED ON BEHALF OF
    RESPONDENT.
    OPINION AND ORDER OF THE BOARD
    (by
    I.
    Goodman):
    This matter is before the Board upon a complaint filed by the
    Illinois Environmental Protection Agency (Agency) against Burling-
    ton Northern,
    Inc.
    (Burlington)
    alleging violation of Rule 202 of
    the Board’s noise regulations and Section 24
    of the Illinois
    Environmental Protection Act
    (Act).
    Hearing was held in this
    matter;
    the Board has received no public comment.
    At the September 10,
    1980 hearing the parties herein filed
    a
    Stipulation and Proposal for Settlement (Stipulation) before the
    Board pursuant to Rule 331 of the Procedural Rules which recited
    the following factual situation.
    Burlington owns and operates
    a
    railroad yard known as the Congress Park Yard in the Village of
    Brookfield,
    Cook County,
    Illinois.
    There are no noise barriers
    provided between the Congress Park Yard and the residences located
    south of this yard.
    The Agency alleges that it would present evi-
    dence to show that noise emitted from mechanical
    refrigeration cars
    parked on Burlington’s property exceeded the standards set by Rule
    202 of the noise regulations on certain dates.
    Burlington offers
    no evidence in rebuttal hut indicates that it would present evi-
    dence to show that it had reduced the number of mechanical refrig-
    eration cars at the yard from an average of
    19 per day in 1977 to
    a current average of two per day.
    Burlington also indicates that
    rerouting of mechanical refrigeration cars has further reduced the
    number of refrigeration cars moving through the Congress Park Yard.
    The Agency further represents that it would present as witnesses
    twenty citizens who
    live immediately south of the property owned by
    the Burlington, who would testify that the noise from the mechanical
    refrigeration cars has interfered with their enjoyment of life
    and property.
    The parties agree that insofar as they are aware,
    —2—
    the sole environmental injury, or interference with the pro-
    tection of the health,
    general welfare and physical property of
    the people,
    is limited to that recited in the Stipulation.
    In the Stipulation Burlington agrees generally to schedule
    and handle a minimum number of cars at the Congress Park Yard
    and will handle those
    in such a manner as to minimize the impact
    of noise upon the residential area adjacent to the yard.
    In
    addition,
    Burlington agrees to pay the sum of $5,000 to the State
    of Illinois.
    The Board finds the Stipulation and Proposal
    for Settlement
    to be a reasonable resolution of the problem and agrees with the
    parties that the interests of the public will be best served by
    the resolution of this enforcement proceeding without further
    litigation under the terms proposed in the Stipulation.
    The Board
    shall,
    therefore,
    accept the Stipulation and Proposal for Settlement
    filed September 10,
    1980,
    which Stipulation and Proposal for Settle-
    ment is incorporated by reference as
    if fully set forth herein.
    This Opinion constitutes the findings of fact and conclusions
    of law of the Board in this matter.
    ORDER
    1.
    Burlington Northern,
    Inc.
    is found
    to have violated Rule
    202 of Chapter
    8:
    Noise Regulations and Section 24 of the Illinois
    Environmental Protection
    Act.
    2.
    Burlington Northern,
    Inc.
    shall pay a penalty of $5,000
    for the violations found herein to the State of Illinois within 45
    days
    of the date of this Order,
    such payment to be sent to Illinois
    Environmental Protection Agency,
    Fiscal
    Service Division,
    2200
    Churchill Road,
    Springfield,
    Illinois
    62706.
    3.
    Burlington Northern,
    Inc.
    shall execute the duties
    specified in Paragraphs 17,
    18,
    and
    19 of the Stipulation and
    Proposal for Settlement filed September 10,
    1980, which
    Stipulation and Proposal for Settlement is hereby incorporated
    by reference as
    if fully set forth herein.
    IT IS SO ORDERED.
    Dr. Satchell abstains.
    I, Christan L. Moffett,
    Clerk of the Illinois Pollution
    Control
    Board, hereby c~rtifythat the above Opinion and Order
    were 1adopted on the
    ~?o~
    day of/~4(~,
    1980 by a vote
    of ~-O
    Christan L. Moff~~1ërJc
    Illinois Pollutith~-ControlBoard

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