ILLINOIS POLLUTION CONTROL BOARD
March 11,
1992
OATHER DRUEN,
EVELYN DRUEN
)
and AMY PIRTLE,
)
Complainants,
)
v.
)
PCB 91—128
(Enforcement)
JAMES LEONARD,
)
Respondent.
OATHER DRUEN,
EVELYN DRUEN
AND
AMY
PIRTLE APPEARED PRO SE;
JOHN
L.
CANTLIN
APPEARED
ON
BEHALF
OF
THE
RESPONDENT.
OPINION
AND
ORDER
OF
THE
BOARD
(by
B.
Forcade):
This matter comes before the Board on a complaint filed on
July
25.,
1991, by complainants Oathèr and Evelyn Druen and Amy
Pirtle against respondent James Leonard.
The complaint alleges
that Mr. Leonard has operated his grain drying and storage bins
in such a way as to violate Sections
23 and 24 of the Act
(Ill.
Rev.
Stat.
1991,
ch.
111 1/2, pars.
1023 and 1024)
and 35 Ill.
Adm. Code 900.102 of the Board’s regulations regarding noise
pollution.
Hearing was held on this matter on November 27,
1991,
in
Ottawa,
Illinois.
At this hearing the parties agreed to a
process of resolution and agreed to reconvene on January 30,
1992.
At the January 30,
1992, hearing the parties reached
a
resolution that was satisfactory to everyone.
No written
agreement was presented but Mr. Greg Zak, noise technical advisor
with the Environmental Protection Agency,
recited the agreement
for the record.
Mr.
Zak was involved in this matter as a
consultant in resolving the conflict.
While Section 103.108 requires that a written settlement
agreement signed by the parties be presented at hearing, due to
the circumstances in this case, we will waive adherence to this
requirement.
The Board accepts the record from hearing as a
settlement agreement.
This action
is based on a citizen
complaint of noise pollution against another citizen.
Members of
the public did not attend either of the hearings.
The alleged
noise violations appear only to disturb the complainants, whose
residence is located in close proximity to the grain operation.
The terms of the settlement were reached through the assistance
of a neutral party.
For these reasons the Board finds the record
from hearing sufficient proof of the parties’ agreement to settle
this conflict and support the conditions of the settlement.
131—09
2
At hearing, Mr.
Zak described each of the fans and the
modifications to be made to the fans to reduce the noise
level.
Mr.
Zak also addressed the time frame in which the work is to be
completed.
As far as agreed-upon dates,
it is my understanding
that both the Complaint ~j~
and the Respondent agree
for fans number one and number five that by August 1st
of 1992,
silencers will be installed as described.
If
silencers are not installed by that date,
the fans will
not’ not
sic)
be operated prior to September the 15th.
By September the 15th of 1992,
it has been agreed that
all of the afore—described work regarding silencers and
sound abatement will have been completed.
The Agency agrees to take sound level measurements to
determine the amount of sound reduction obtained after
the work is completed, and in addition, to give any
additional advice pertaining to noise abatement
requested by the respondent.
(Tr. at
p.
11
&
12)1.
At the completion of the hearing the parties noted their
acceptance of the settlement agreement.
Mr.
Cantlin:
On behalf of Respondents, that is the
agreement that has been reached in relationship to all
allegations raised in Pollution Control Board complaint
number 91-128.
***
Mr.
Druen:
I accept this also, this agreement,
yes.
(Tr.
at
p.
13).
Mr. Leonard engages in grain drying operations
in relation
to his own family farm business and is not involved in grain
drying on a contractual basis.
Mr. Leonard’s property is
adjacent to the residence of the Druens.
Several fans are
employed as part of the grain drying and storing process.
Fan #1
is a 15 horsepower
(hp) centrifugal fan which is located
approximately 190 feet from the Druen residence.
(Tr. at
6). Fan
#2
is
a 1.5 hp Bain axial fan with an 18 inch inlet diameter.
(Tr. at 9).
Fan #3
is Bain axial fan with less than one.hp and a
12 inch intake diameter.
(Tr. at 9). Fan #4 is
a Bain axial fan
with
a horsepower less than one and a
12 inch intake diameter.
(Tr. at 9). Fan #5 is a 20 hp centrifugal fan with an
18 inch
inlet diameter.
(Pr. at 10).
Fan #6 consists of a one and half hp
Bain axial fan with an 18 inch inlet diameter.
(Tr. at 10). Fan
#7
is a 10 hp fan with an 18 inch diameter inlet.
(Tr.
at 11).
1
Tr. references transcript from hearing held on January
30,
1992.
13 1—10
3
Fan #8 includes three approximately 24 inch Bain axial fans
located on the dryer.
(Tr.
at 11). Fan #9
is
a
small
8am
axial
fan.
(Tr.
at 11). Joint Exhibit A shows the approximate locations
of the fans.
The settlement agreement requires Mr. Leonard to
add silencers to some fans,
and replace or modify others.
The Board finds the settlement agreement acceptable under
35
Ill.
Adm. Code 103.180.
This agreement in no way affects
respondent’s responsibility to comply with any federal,
state or
local regulatiens,
including but not limited to the Act and the
Board’s pollution control regulations.
This
Opinion
constitutes
the
Board’s
findings
of
fact
and
conclusions
of
law in this matter.
ORDER
The Board hereby orders Mr. Leonard to perform the actions
agreed
to
by
the
parties
to
reduce
the
noise
from
Mr.
Leonard’s
grain
operation.
1.
Mr.
Leonard
is
to
make
the
following
additions
or
modifications to the fans on his property.
Fan
#1
install
a
commercial
silencer,
with
intake
pointed
directly away from the Druen residence.
Fan #2
replace with smaller newer model and redirect air
intake
away
from
Druen
residence.
Fan
#3
no
adjustment
required.
Fan
#4
redirect
air
intake
away from Druen residence.
Fan #5
install
a
commercial
silencer,
with
intake
pointed
directly away from the Druen residence.
Fan #6
construct and install plywood silencer.
Fan
#7
construct and install plywood silencer.
Fan #8
construct and install airtight. plenum and add a
commercial silencer.
Fan #9
no adjustment required.
The commercial silencers installed on fans
1,
5 and
8 should
131—11
4
have the recommended sound reduction capabilities2 to bring the
fans into compliance with the Board regulations.
The plywood
silencers for fans
6 and
7 are to be constructed of half inch
thick exterior grade plywood and made airtight
(except at the
inlet).
The dimensions of the plywood silencers are to be eight
feet
by
four
feet
by
two
feet with an internal separator,
creating a tortuous path for air flow such that the air flow
coming in or the noise exerting out would have to pass through
four 90 degree turns.
All inside surfaces of the silencer are to
be covered with three and a half inch unfaced fiberglass
insulati’on held in place with chicken wire.
2.
The silencers on fans
1 and 5 are to be installed by
August
1,
1992.
If this work is not completed by August
1,
1992,
the fans are not to be run until September
15,
1992.
All
additions
and
modifications
are
to
be
completed on all fans by
September
15,
1992.
IT
IS
SO
ORDERED.
Section
41
of
the
Environmental
Protection
Act
(Ill.Rev.Stat.
1991,
ch.
111 1/2, par.
1041)
provides for the
appeal of final orders of the Board within
3.5 days.
The Rules of
the
Supreme
Court
of
Illinois
establish
filing
requirements.
I, Dorothy Gunn,
Clerk of the Illinois Pollution Control
Board,
hereby
certi~y
that
the
above
Order
was
adopted
on
the
//1Z
day of
~i~J~~”
,
1992 by a vote of
7~)
2
At 63 hertz
(hz) the sound reduction should be
9 decibels
(dB), at 125 hz the sound reduction should be
10 dB,
at 250 hz
the sound reduction should be 19
dB,
at 500 hz the sound
reduction should be 31 dB, at 1,000 hz the sound
reduction
should
be 10 dB, at 2,000 hz the sound reduction should be 20 dB,
at
4,000 hz the sound reduction should be 15 dB,
at 8,000 hz the
sound
reduction
should
be
11
dB.
(Tr.
at
9).
Ill
Control
Board
131—12