ILLINOIS POLLUTION CONTROL BOARD

August 30, 1990

ROBERT J. KVATSAK and

)

ALICE JOAN KVATSAK (deceased),

)

Complainant,

PCB 89—182

v.

)

(Enforcement)

ST. MICHAEL’S LUTHERAN CHURCH,

Respondent.

DISSENTING OPINION (by J.D. Dumelle):

One of the Complainants, Mrs. Alice Kvatsak, now deceased,

was ill during the period from 1983 on when the chimes were

played. She rested at noontime and the chimes disturbed her rest

(R. 27—29). In additions, the sound interfered with her

communication with her husband using the intercom when he was in

the yard.

The Kvatsak’s met with the pastor in 1983 and with the

village manager and tried to solve the problem. But the church

was unbending. Since the problem was most acute in the surnnier

when the Kvatsakts storm windows were removed, the church at

least should have lowered the volume of the chimes for that

season. It never did (R. 63).

I would have found that the noise levels were excessive and

unreasonable especially considering Mrs. Kvatsak’s illness and

her need for rest during the day.

For these reasons, I dissent.

~

/Ja~obD. Dumelie, P.E.

/Board Member

~1

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

Board hereby certify that the above Dissenting Opinion was

submitted on the

~

day of

~

,

1990.

~

,~2/

Dorothy M. Gunn, Clerk

Illinois Pollution Control Board

114—775