ILLINOIS POLLUTION CONTROL BOARD
March 8,
1991
TONY F. MARTIN and
PATRICIA R.
MARTIN,
Complainants,
v.
)
PCB 89—179
(Enforcement)
OAK VALLEY WOOD
)
PRODUCTS,
Respondent.
OPINION AND ORDER OF THE BOARD
(by N. Nardulli):
This matter comes before the Board on
a complaint filed
on
November
6,
1989 by complainants Tony and Patricia Martin pursuant
to Section 31(b) of the Environmental Protection Act
(Act) against
respondent Oak Valley Wood Products (Oak Valley).
(Ill. Rev. Stat.
1989,
ch.
111 1/2,
par. 1031(b).)
The complaint alleges that Oak
Valley has operated its furniture manufacturing plant in such a way
as to violate Sections 23 and 24 of the Act
(Ill. Rev.
Stat.
1989,
ch.
ill 1/2, pars. 1023 and 1024) and 35 111. Adm. Code 900.102 of
the Board’s regulations regarding noise pollution.
Hearing was held on this matter on April
6,
1990
in Olney,
Richland County,
Illinois.
At the hearing, the parties submitted
read
into
the
record
an
unexecuted
stipulation
and
settlement
agreement.
On October
22,
1990,
the parties
filed an executed
stipulation
and
settlement
agreement
and
an
addendum
to
stipulation.
The
agreement
and
addendum
provides
that
Oak Valley
will
pursue various measures to abate the noise,
such as installation
of drywall and fiberglass, and will abide by restrictions on when
the plant doors must remain closed.
The agreement and addendum
also sets forth
a
compliance schedule for certain
actions.
The
Martins
did not request
the
imposition
of
any penalty
and
the
agreement and addendum does not impose any such penalty.
The
Board
finds
the
stipulation
and
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 regulations,
including but not limited to the Act
and the Board’s pollution control regulations.
This constitutes the Board’s findings of fact and conclusions
of law in this matter.
120—01
2
ORDER
1.
The Board hereby accepts the Stipulation and Settlement
Agreement and Addendum executed by the Tony and Patricia
Martin
and
Oak
Valley
Wood
Products
concerning
Oak
Valley’s operations at its Olney, Illinois facility.
The
Stipulation and Settlement Agreement and Addendum are
attached and incorporated by referenc~as though fully
set forth herein.
2.
Oak Valley shall comply with all provisions set forth in
the Stipulation and Settlement Agreement and Addendum.
IT IS SO ORDERED.
Section
41
of
the Environmental
Protection Act
(Ill.
Rev.
Stat.
1989, ch 111 1/2, par. 1041) provides for the appeal of final
Board Orders within
35
days.
The Rules of the .Suprenie Court of
Illinois establish filing requirements.
I,
Dorothy N.
Gunn,
Clerk of the Illinois Pollution Control
Board, hereby certify that the above Opinion and Order was adopted
on the
~
day of
~h
~-~-c~)
,
1991 by a vote of
~
Control Board
120—02