ILLINOIS POLLUTION CONTROL BOARD
    October 8, 1981
    ILLINOIS FRUIT
    & PRODUCE CORP.,
    )
    Petitioner,
    v.
    )
    PCB 81—104
    ILLINOIS ENVIRONMENTAL PROTECTION
    )
    AGENCY,
    Respondent.
    OPINION
    AND ORDER
    OF THE BOARD
    (by D. P~nderson):
    This matter comes before the Board upon a petition and
    amended petition for variance filed June 22 and July 23,
    1981
    by Illinois Fruit and Produce Corp.
    (IFP).
    These requested
    a variance from Rules 202 and 203 of Chapter
    8:
    Noise Pollu-
    tion in connection with operation of refrigerated railcars at
    IFP’s Streator warehouse which is the subject of an enforcement
    action in PCB 80-181.
    On September 17, 1981 the Illinois
    ~nvironmental Protection Agency
    (Agency)
    recommended that the
    variance be granted with conditions.
    Pursuant to IFP’s request
    the record and transcript of hearings is incorporated from
    PCB 80—181 into this matter
    (Order of September 3, 1981).
    Members of the public testified in that hearing, but the Board
    has received no additional public comment in this matter.
    The Opinion in PCB 80-181 is incorporated into this Opinion.
    The Board finds that IFP would suffer arbitrary or unreasonable
    hardship if required to come into immediate compliance with the
    daytime noise standards of Rule 202.
    The requested variance
    from the nighttime standards of Rule 203 is denied, and Petitioner
    will be required,
    as a condition of this variance, not to operate
    compressors on rail cars on its siding at night.
    The variance
    from Rule 202 will be granted with conditions similar to those
    recommended by the Agency.
    This Opinion, together with the Opinion in PCB 80-181,
    constitutes the Board’s findings of fact and conclusions of law
    in this matter.
    ORDER
    Petitioner Illinois Fruit
    and
    Produce Corp.
    is granted for
    its warehouse at 12th
    and
    Quality Lane, Streator, a variance
    43—355
    —2—
    from the daytime Class
    B to A noise standards of Rule 202 of
    Chapter
    8:
    Noise Pollution, subject to the following condi-
    tions:
    1.
    This variance will expire five years from the date of
    this Order.
    2.
    Diesel engines on refrigerator cars shall be turned
    off upon arrival at the facility.
    3.
    Electrical hookups
    for refrigerator cars shall ~e
    maintained in good working order.
    4.
    Refrigeration units shall not be operated between tn3
    hours
    of 8:00 p.m.
    and 7:00 a.m.
    5.
    Refrigerated railcars shall be unloaded as soon as
    possible after delivery.
    6.
    Refrigeration units on rail cars may be operated
    with electrical power only,
    as necessary to avoid damage to
    cargo.
    Refrigeration units will be turned off as soon as
    possible and in any event prior to completion of unloading.
    7.
    Within sixty days of the date of this Order, Peti-
    tioner shall complete and forward to the Illinois Environ-
    mental Protection Agency a study on the feasibility of a
    vegetative barrier.
    If the Agency finds the barrier feasible,
    Petitioner shall conduct and maintain the required plantings.
    8.
    The Petitioner shall conduct further noise studies
    as requested by residents in the vicinity of the warehouse.
    9.
    Within forty-five days of the date of this Order,
    Petitioner shall execute and forward to the Illinois Environ-
    mental Protection Agency, Variance Section, 2200 Churchill
    Road, Springfield, Illinois
    62706,
    a Certificate of Acceptance
    and Agreement to be bound to all terms and conditions
    of this
    variance.
    This forty-five day period shall be held in abey-
    ance for any period this matter is being appealed.
    The form
    of the Certificate shall be as
    follows:
    43—356
    —3—
    CERTIFICATION
    I,
    (We,)
    _______________________,
    having read and fully
    understanding the Order in PCB 81-104, hereby accept that
    Order and agree to be bound by all of its terms and conditions.
    SIGNED _____________________________
    TI
    TLE
    ________________________________
    DATE
    _________________________________
    IT IS SO
    ORDERED.
    Mr. Goodman concurred.
    I, Christan
    L. l4offett, Clerk of the Illinois Pollution
    Control Board, hereby certify that the above Opinion and
    Order were adopted on the
    ~
    day of
    L:-&t•~
    ,
    1981
    by a vote of
    .~--
    ~
    /
    ~
    Christan L. Mof’l~),Clerk
    Illinois Pollutiàfr Control Board
    43—357

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