ILLINOIS POLLUTION CONTROL BOARD
November 21, 2002
ANTHONY and KAREN ROTI, PAUL
ROSENSTROCK, and LESLIE WEBER,
Complainants,
v.
LTD COMMODITIES,
Respondent.
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PCB 99-19
(Citizens Enforcement – Noise)
ORDER OF THE BOARD (by N.J. Melas):
This citizens’ noise enforcement action concerns a trucking operation in Bannockburn,
Lake County. Complainants, Anthony and Karen Roti, Paul Rosenstrock, and Leslie Weber,
filed a complaint alleging that respondent LTD Commodities’ (LTD) trucking operation exceeds
Illinois’ numeric nighttime sound limits, impulse noise limits, and nuisance noise standards.
Complainants contended that LTD therefore violated Section 24 of the Environmental Protection
Act (Act) (415 ILCS 5/24 (2000)) and the Board regulations at 35 Ill. Adm. Code 900.102,
901.102(a), 901.102(b), and 901.104.
On February 15, 2001, the Board entered an interim opinion and order (Int. Op.), which it
incorporates here by reference, finding that LTD violated the Board’s nuisance noise provisions.
415 ILCS 5/24 (2000); 35 Ill. Adm. Code 900.102. However, the Board also found that the
record lacked sufficient information regarding remedies and directed the parties to further
address appropriate remedies at another hearing.
On October 25, 2002, LTD filed a motion asking the Board’s hearing officer and
technical staff to view LTD’s premises (Rsp. Mot.). Complainants have not responded to the
motion to view.
For the reasons set forth below, the Board denies LTD’s motion to view the premises.
Hearings on the remedy have been continued until December 9, 2002, at which time
complainants will cross-examine LTD’s noise expert, Mr. Tom Thunder.
MOTION TO VIEW LTD’S PREMISES
LTD requests that the Board’s hearing officer and technical staff, pursuant to 35 Ill. Adm.
Code 103.207, view the premises of LTD in order to gain a better perspective of the area. Rsp.
Mot. However, Section 103.207 of the Board’s procedural rules no longer exists. The Board
repealed this section and replaced it with Section 101.632 regarding site visits. 35 Ill. Adm.
Code 101.632;
See
Revision of the Board’s Procedural Rules: 35 Ill. Adm. Code 101-130, R00-
20, (Dec. 21, 2000). Section 101.632, effective January 1, 2001, reads as follows:
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Upon the request of any party or the Board’s own motion, the Board may conduct
a site visit to establish a more comprehensive record. If the site visit is part of an
adjudicatory proceeding, the Board will notify all parties in advance.
Even though LTD requested a viewing of the premises under a repealed section, the
Board will rule on this motion today both in the interest of administrative economy and because
additional hearings on the remedy will resume in short order, on December 9, 2002. See 35 Ill.
Adm. Code 101.500(d). Visiting a site is an extraordinary procedure used only when the
situation is novel or unique or where the Board finds a visit is necessary to decide the case.
Citizens for a Better Environment v. Woodruff and Edwards Co., PCB 74-245, slip op. at 1
(Nov. 7, 1974). Here, the Board has already found that LTD violated the Board’s nuisance noise
provisions. Furthermore, the Board finds that the situation is not novel or unique and that a view
is not necessary to properly decide the case. The Board denies LTD’s motion to view the
premises.
CONCLUSION
For the above reasons, the Board denies LTD’s motion to view the premises.
IT IS SO ORDERED.
I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, certify that the Board
adopted the above order on November 21, 2002, by a vote of 6-0.
Dorothy M. Gunn, Clerk
Illinois Pollution Control Board
