ILLINOIS POLLUTION CONTROL BOARD
    February 26,
    1986
    CITIZENS OF BURBANK,
    )
    Complainants,
    v.
    )
    PCB 84—124
    OVERNITE TRUCKING,
    Respondents.
    INTERIM ORDER OF THE BOARD
    (by B.
    Forcade):
    On August
    1,
    1985,
    the Board entered
    an Interim Opinion and
    Order,
    finding that Overnite Trucking
    (“Overnite”) had violated
    various provisions of the Illinois Environmental Protection Act
    and Board
    regulations relating
    to noise
    and odor pollution.
    That
    Order required Overnite
    to prepare and submit
    a report on methods
    of reducing pollution consistent with
    the following language of
    the Opinion:
    Therefore,
    the
    Board
    will
    order Overnite
    to
    prepare
    a
    report
    evaluating,
    to
    the maximum
    extent
    possible,
    the
    type
    and
    degree of noise
    and
    odor
    reductions
    possible
    by
    changes
    in
    operation
    or
    construction
    of
    noise
    and
    odor
    reduction
    devices.
    This
    report
    should
    be
    prepared
    by
    a
    competent
    individual
    or
    firm,
    and
    should
    evaluate
    all
    methods
    of
    control
    (not
    just
    those
    already
    discussed).
    Each
    control
    option
    should
    include
    anticipated
    pollution
    reductions,
    cost
    of
    implementation
    and
    an
    estimate
    of
    a
    reasonable
    time
    for
    implementation.
    After some delays caused by mailing difficulties, Overnite
    filed
    its response on December
    30,
    1985, Plaintiffs replied
    January 29,
    1986,
    citing
    the general inadequacy of Overnite’s
    Report.
    The Board
    finds Overnite’s December
    30,
    1985,
    filing meets
    few,
    if any,
    of the requirements of the August
    1 Order.
    While
    it
    certainly
    is appropriate
    to consult with the County Environmental
    Control personnel when preparing
    a report,
    the report contains no
    statement regarding who prepared the report nor
    their technical
    competence
    in noise and odor reduction technology.
    The report
    fails
    to quantify the type and degree of noise
    and odor
    reductions possible by changes
    in operation or construction.
    The
    report does not evaluate control options beyond those already
    —2—
    discussed,
    and finally,
    the report does not, for each control
    option discussed,
    include anticipated pollution reductions, cost
    and reasonable implementation times.
    The
    report recites general
    information already of record found by the Board
    to be
    insufficient for
    a detailed compliance Order.
    The rationale for requiring this report was explained by the
    Board:
    Additionally,
    the
    Board
    finds
    that
    to
    curtail
    all
    nighttime activities
    would
    amount
    to
    an
    Order
    for
    Overnite
    to
    cease
    operation
    and go out of business
    (R.
    98).
    However,
    lack
    of
    a
    technologically
    feasible
    method
    of
    reducing
    the
    pollution
    is
    not
    an
    absolute
    defense
    to
    a
    finding
    of
    violation
    by
    this
    Board.
    V~ellssupra, Chicago Magnesium Casting
    Co.
    v.
    Pollution
    Control
    Board,
    22
    Ill.App.3d
    489,
    317 N.E.2d
    689.
    The Board
    believes that
    the
    report
    required
    in
    today’s
    Order
    will
    provide
    information
    on
    specific
    workable
    methods
    of
    reducing
    the
    noise
    and
    odor
    problems
    to
    acceptable
    levels
    without
    facing
    the difficult closure issue.
    Unless Overnite provides
    a meaningful
    and detailed report on
    reducing
    noise
    and odor pollution that difficult issue must
    be
    faced.
    The Board will provide Overnite one last opportunity to
    address this matter
    in
    a meaningful way.
    Overnite
    is required
    to
    file by April
    1,
    1986,
    a schedule
    for the completion of the
    report on reducing odor
    and noise pollution at the facility.
    The
    schedule shall
    identify the name and background
    of the individual
    or firm that will prepare the report.
    The schedule shall call
    for
    a complete and
    final report to be
    filed with
    the Board not
    later
    than June
    1,
    1986, detailing all reasonable methods of
    reducing noise
    and odor pollution,
    the
    type and degree
    of
    reductions possible with each method,
    its cost and the time
    required
    to implement that method.
    Unless
    the
    required schedule
    is on file by April
    1,
    1986,
    and unless the final report
    is on
    file by June
    1,
    1986,
    the Board
    must ultimately resolve this matter.
    Plaintiffs
    are provided
    30 days after service of the final
    report to provide comments or
    to request
    a hearing
    on the
    adequacy of
    the report.
    IT
    IS SO ORDERED.
    Board Members
    J.
    Theodore Meyer
    and Walter Nega dissented.
    —3—
    I, Dorothy
    M. Gunn,
    Clerk of the Illinois Pollution Control
    Board, hereby certifies that the above Order was adopted on
    the~’?~~
    day of
    __________________,
    1986,
    by a vote
    of
    _____________.
    /
    Dorothy M.
    dunn, Clerk
    Illinois Pollution Control Board

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