ILLINOIS POLLUTION CONTROL BOARD

September 1,

1994

DOROTHY FURLAN AND

)

MICHAEL FURLAN,

)

Complainants,

v.

)

PCB 93—15

(Enforcement)

UNIVERSITY OF ILLINOIS

)

SCHOOL OF MEDICINE

)

)

Respondent.

ORDER OF THE BOARD (by E. Dunham):

This matter comes before the Board on a complaint filed

January 29, 1993 by Dorothy and Michael Furlan (Complainants).

The complaint alleges that the air conditioners at the University

of Illinois School of Medicine (Respondent) in Rockford, Illinois

emit noise in violation of Sections 23 and 24 of the

Environmental Protection Act (Act) (415 ILCS 5/23 and 24). In

April, 1994, both parties filed status reports stating that noise

monitoring was to be performed during the air conditioning season

of 1994. In a further status report of July 1, 1994, complainant

stated that the monitoring was scheduled for the first week of

July, 1994.

Results of tests performed by the Illinois Environmental

Protection Agency (Agency) were filed with the Board on July 14,

1994. According to the test results, there were no exceedences

of the numerical standards for noise found at 35 Ill. Adm. Code

901.

Respondent filed a “Motion for Summary Judgment” on August

8, 1994, asserting that the noise level testing indicated that

there were no violations of the numerical standards. No response

to the motion for summary judgment has been filed by the

Complainants.

Section 23 of the Act describes the findings of the General

Assembly concerning excessive noise and the purpose of the title

which is “to prevent noise which creates a public nuisance”. (415

ILCS 5/23.) Section 24 of the Act provides that “njo person

shall emit beyond the boundaries of his property any noise that

unreasonably interferes with the enjoyment of life or with any

lawful business or activity” in violation of any Board

regulation. (415 ILCS 5/24.)

The Board accepts the findings of the Agency as proof that

the noise levels in the complainants’ home do not violate the

Board’s numerical standards for noise. The noise nuisance count

has not been specifically addressed, but pursuant to 35 Ill. Adin.

---

2

Code 101.241(b), failure to respond to a motion is deemed to be

waiver of any objection to the grant of the motion. Summary

judgment for the respondent is granted.

IT IS SO ORDERED.

Section 41 of the Environmental Protection Act, (415 ILCS

5/41 (1992)), provides for appeal of final orders of the Board

within 35 days of the date of service of this order. The Rules

of the Supreme Court of Illinois establish filing requirements.

(See also 35 Ill. Adm. Code 101.246, Motion for Reconsideration.)

I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control

Board, ltftreby certify that, the above order was adopted on the

/~‘—

day of

,

1994, by a vote of

Dorothy N.

Illinois

Control Board