ILLINOIS POLLUTION CONTROL BOARD

May

2,

1980

JAMES

KAJI, DOROTHY KAJI,

ET

AL.,

Complainants,

V.

)

PCB 80—46

R. OLSON MANUFACTURING

COMPANY, INC.,

Respondent.

ORDER OF THE BOARD (by

Mr.

Goodman):

Respondent’s March 31, 1980 motion to dismiss is denied.

The complaint adequately alleges the elements necessary to

plead a cause of action under Noise Rule 102 and §24 of the

Illinois Environmental Protection Act (Act).

The complaint alleges the operation of two punch presses

at varying times around the clock and that during nighttime

operation it is impossible to sleep. Violations are alleged

on at least one day, March 6, 1980, at about 3:20 p.m., at

87—88 dB(A) Fast, si~ feet away from Complainants’ home.

The specifics of Complainants’ allegations are taken

from Ex, A to the complaint. However, even without this

report, the complaint itself is specific enough to put

Respondent on notice of violations of Noise Rule 102 and §24

of the Act by operating punch presses so as to emit noise

beyond Respondent’s boundaries and create noise pollution.

The Board finds that Respondent can reasonably prepare to

defend this complaint.

Section 34 of the Act relates to the Agency’s powers

to seal and not the Board’s powers. The requested relief

oF sealing the presses is within the Board’s power under

§33 oF the Act.

Compliance with Part 2 of the Board’s noise regulations

constitutes only a j~ma facie, and not an absolute, defense

to violations of Noise Rule 102 or §24 of the Act.

---

—2—

Finally, Respondent’s allegations that Complainants

telephoned Respondent attempting to halt operation of the

presses are not sufficient to prove that this complaint was

instituted

solely for purposes of harcassment.

IT S So ORF)ERFI)

Mr.

Nels H. Werner

dissented

I, Christan L. Moffett, Clerk of the Illinois Pollution

Control Board, hereby certify that the above Order was adopted

on the

i~

day of

~

1980 by a vote of

Christan L. Mo~~)L, Clerk

Illinois Pollution Control Board