ilLINOIS POLLUTION CONTROL BOARD

May 2,

1985

SPI\D()NI,

FRANKIEWICZ

& ZULLO,

Complainants,

)

PCB 84—167

BOLl

~)STi~E,; GREEK ORTHODOX

CHURCFU

Respondent.

ORDER OF THE BOARD

(by J, Marlin):

rhjs matter comes before the Board upon

the November ~l, 1984

fi1:~ngof

a complaint by Don and Carol Spadoni, Bob and Beth

Frankiewicz, and Don and Diane

Zullo (complainants) against the

Holy Apostles Greek Orthodox Church (respondent).

Respondent

filed an answer on December 19, 1984 denying the complainants’

allegations while neither admitting nor denying the content of

the documents submitted with the complaint.

A hearing was held

in Westchester,

Illinois on March 18,

1985.

The complaint alleges that respondent violated the noise

regulations located

at

35 til. Adm.

Code 900.102

(old rule 102),

901,102(a)

(old rule

202), and 901.102(b)

(old rule 203).

Section

900.102 provides that

“(nb

person shall cause or allow

the emission of sound

beyond the

b~oundariesof his property,...,

so

as

to

cause noise pollution

in Illinois, or so as

to violate

any

provision

of

this Chapter.”

Sections 901.102(a)

and

(b)

contain octave

band sound pressure levels

which shall

not be

exceeded.

Respondent

is located at

2501

S. Wolf Road

in Westchester.

Complainants

Zullo, Spadoni,

and

Frankiewicz reside at

2524,

2528~, and 2532

S.

Wellington

in Westchester, respectively,

directly

east of the

respondent’s property,,

The respondent has

five

air

conditioning

units

that are located

-just

west

of

the

property lines

of

complainants and which complainants allege

are

the source of excessive noise.

Although other documents have

been filed

with the complaint,

the

parties and the

Illinois

Environmental Protection Agency

(IEPA)

have filed

a joint settlement agreement entitled

~sti.pu1ation

for settlement”

(agreement).

Although not

a party,

the IEPA assented to the agreement,

The

signatories request that

the

Board

approve

the

agreement.

The

a.qreE~er~

provides

that

the

respondent

will

move

the

existing

~r

coi~iitioners

from

the

east

to

the

west

side

of

its

64-09

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2

building

or will remove

the existing units and install new units

on the south of the building.

Either option will place

the

units

at least 75

feet from the complainants’ property lines

behind

the south side of the

respondent’s building.

Residences

to

the

south

of

the

proposed unit relocation will be separated by

275

feet

and residences to the west by

150

feet.

The total cost

of respondent’s proposed actions would be

in the range of thirty

to fifty thousand dollars.

The agreement also contains

a

timetable which the Board

need not address and

a denial

by the

respondent that

it has “caused or committed” noise pollution.

Th~

Boay~

hereby rejects the settlement agreement based on

it~~or~iusion

that it lacks statutory authority to accept

~ett1ements

imposing

compliance

conditions

without

a

Board

finding

of violation.

IEPA v. Chemetco, Inc.,

PCB 83—2, February

20,

1985,

interlocutory

appeal, No.

5—85—143

(5th District);

People of the State of Illinois and IEPA

~.

Archer Daniels

Midland Corporation, PCB 83—226,

March

22,

1985,

interlocutory

~

No, 3—85—0222 (3rd District),

In order

to bring this proceeding

to

a áonclusion

the

parties may file an amended settlement agreement containing

sufficient

admissions of violation for~theBoard

to order

implementation of the agreed modifications and schedule.

Alternatively,

the parties

may wish to draft

a private settlement

agreement between themselves

and when

the controversy has been

resolved,

to seek

a joint dismissal of the action before the

Board,

IT

IS SO ORDERED.

Board Member J.D. Dumelle dissented.

Dorothy

M.

Gunn,

Clerk of the Illinois Pollution Control

hereby

certify

that

the

above

Order

was

adopted

on

_____________

day of

__________________,

1985 by

a vote

-

-

~.

~

~.

Dorothy M. Gunn, Clerk

Illinois Pollution Control Board

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