ILLINOIS POLLUTION CONTROL BOARD

January

7,

1982

ILLINOIS

ENVIRONMENTAL

)

PROTECTION AGENCY,

)

Complainant,

v.

)

PCB 81~97

CEZAR~SINN,

INC.,

an Illinois corporation,

)

Respondent,

GERHARDT BRAECKEL, ASSISTANT ATTORNEY GENERAL, APPEARED ON BEHALF OF

THE COMPLAINANT.

ELMORE, GOWEN

& DeMICHAEL,

P.C., ATTORNEYS AT LAW

(MR. ELBERT F.

ELMORE,

OF

COUNSEL), APPEARED ON BEHALF OF THE RESPONDENT.

OPINION AND ORDER OF THE BOARD

(by N,E,Werner):

This matter comes before

the

Board on the June

10,

1981 Complaint

brought by the Illinois Environmental Protection Agency (‘~Agency”).

Count

I of the Complaint alleged that, on numerous occasions

between July

2,

1979 and

June 10,

1981, the

Respondent allowed the

parking of trucks on

its property to cause noise

pollution

in

violation of Rule 102 of Chapter 8:

Noise Regulations

(“Chapter

8”)

and Section 24 of the

Illinois Environmental Protection

Act

(“Act”).

Count II alleged that,

from July

2,

1979 until

June 10, 1981

(including,

but not limited to, March 27,

1980, September

5,

1980, and

March

5,

1981), the

Respondent allowed the emission

of sound during

daytime hours from a

property—line~noise—source on its property

(Class

~)

to receiving Class

A

land which exceeded

the allowable

octave

band sound pressure levels in violation of Rules 102

and 202

of Chapter

8 and

Section 24 of the Act.

A hearing was held on

October 20, 1981 at

which a partially signed

Statement of Stipulated Settlement

(i.e.,

signed only by counsel for

the Respondent), which was

substantially

identical to the subsequently

filed Stipulation, was

incorporated into the

hearing record,

(R.

2—3;

R.

14—16),

Two members of the public testified at this hearing.

The

parties filed a properly signed Statement of Stipulated Settlement on

October 30,

1981.

The Respondent, Cezar’s Inn,

Inc.

(“Cezar”),

owns and operates a

motel which is

located at 5001 West 79th Street

in the City of Burbank,

45—39

---

—2—

Cook County,

Illinois,

On March

27,

1980,

September 5,

1980, and

March

5,

1981, Agency employees conducted sound tests which

indicated

that noise

levels violated allowable standards and could

disturb

persons utilizing adjacent residential property.

(Stip.

2—3).

Noises have been produced by the operation and parking of

trucks,

tractors and trailers (including the starting and warming—up of

engines, the running of refrigeration units, etc.) on the southeast

side of the Respondent’s parking

lot.

(Stip.

3),

Customers

of the

motel, as well as non—customers and local residents, have utilized

Cezar’s parking lot and frequently disturbed the sleep,

relaxation,

and enjoyment of life of the people

in the two homes closest to the

southeast side of the parking lot.

(Stip,

3

),

Although the

Respondent “instituted a policy of prohibiting unattended

running of

engines and running of refrigeration units while parked in the

winter

of 1979 and posted signs to that effect”, these measures were not

totally effective in eliminating all noise problems.

(Stip.

4).

At the hearing,

Mr. Daniel Higgins and Mrs. Kathy Higgins

testified pertaining

to the disturbing noises from tractors, trailers,

and trucks which parked along the side of their house in the

Respondent’s parking

lot.

(R, 4—16~~Mr. Higgins indicated that

now, since the trucks will be parking in a different area of

the lot

(away from the Higgins’ house), the “underlying problem has

been

alleviated”.

(R.

4).

Mrs. Kathy Higgins expressed concern

that

sometimes the

trucks may

fail to park in the newly

designated areas

and worried that, when the snows came, the truck drivers

might not

see

the

markings.

(R.

8—9),

However,

in regard to the

Stipulation

itself,

Mrs.

Higgins testified that “I agree with everything

if it’s

going to stay the way

it is”.

(R,

8).

To alleviate any future noise problems, the proposed settlement

agreement provides that the Respondent shall:

(1) direct all trucks,

tractors and trailers to face north and to park only in the spaces

designated for truck parking

(“an appropriate symbol such as

a

will be painted on the surface of the parking lot to identify the

designated space”);

(2) use “all reasonable means” to prevent “the

running of truck or tractor engines while unattended or

refrigeration

units

(reefers)

on its property”;

(3) post,

near the present signs,

an equal number of signs which shall read:

“Trucks or Trailers

Parked in This Area Will Be Towed At Owner~sExpense.

Park Only

in

Designated Area,”;

(4)

post an appropriate sign at the motel’s

reception desk to notify truckers who are motel guests regarding

the

parking lot rules and about the designated spaces;

(5) inform

truckers

(who are not motel guests)

about the parking lot rules and

designated

spaces,

“or prohibit their parking on the property”;

(6)

take all

necessary measures “to assure that the parking lot rules are

complied

with”

(including, but not limited to, instructing all desk

clerks to

inform the truck drivers of the rules;

informing all motel

employees

of these

rules;

“periodic checking of the parking lot to

make sure the

parking rules are followed” and “enforcement of the parking

lot

rules

when

informed of violations”),

(Stip.

5—6).

45~4o

---

—3

In evaluating this enforcement

action and

proposed settlement

agreement,

the Board has taken into consideration all the facts and

circumstances in light of the specific criteria delineated in

Section 33(c) of the Act.

The Board finds the settlement

agreement

acceptable under Procedural

Rule 331 and Section

33(c)

of the Act.

Accordingly, the Board

finds that the

Respondent, Cezar’s Inn,

Inc.,

has violated Rules

102 and 202

of Chapter

8:

Noise Regulations

and

Section 24 of the Illinois

Environmental

Protection Act.

The Respondent

will be ordered to follow the

compliance program set

forth in the

settlement agreement and no

penalty will be imposed in this case.

This Opinion constitutes the

Board’s findings

of fact and

conclusions of law in this matter.

ORDER

It is the Order of the Illinois Pollution Control Board that:

1,

The Respondent,

Cezar’s Inn,

Inc., has violated Rules

102

and 202 of Chapter

8:

Noise Regulations and Section 24 of the

Illinois

Environmental Protection Act,

2.

No monetary

penalty shall be assessed against the

Respondent.

3.

The Respondent shall

comply with all the terms

and conditions

of the Statement of Stipulated

Settlement filed on

October 30,

1981,

which is incorporated by

reference as

if fully set

forth herein,

I, Christan

L, Moffett, Clerk of the Illinois Pollution

Control

Board, her~pycertify

t at the above Opinion and Order were

adopted

on the

7

‘

~ay of

~

1982 by a vote of

‘V-c