ILLINOIS POLLUTION CONTROL BOARD
    June 10,
    1981
    JAMES KAJI, DOROTHY KAJI, ET AL.,
    )
    )
    Complainants,
    V.
    )
    PCB
    80—46
    )
    R. OLSON MANUFACTURING COMPANY,
    INC.,
    )
    Respondent.
    ORDER OF THE BOARD
    (by
    I.
    Goodman):
    Complainants’ May
    18,
    1981 Motion for Reconsideration of the
    Board’s Opinion and Order of April
    16,
    1981 is granted.
    The Board finds that the Order worked no denial of equal
    protection of the law (the alleged right of Complainants to “pro-
    tection against the installation and operation0 of machinery which
    causes noise emissions in excess of those required pursuant to
    Rule 206 of Chapter
    8).
    The issue was a violation of the Board’s
    regulations by Respondent.
    The installation of Respondent’s
    machinery was not “illegal from the beginning.”
    There was no error in not finding
    a violation of the Board’s
    regulations in consideration of the criteria listed in S33(c) of
    the Illinois Environmental Protection Act, nor was there error in
    considering those criteria.
    As to the finding that Respondent had reduced its sound
    emissions as much as was practicable,
    no error is found.
    Testi-
    mony by parties is as reviewable by the Board as
    is testimony
    from experts.
    Moreover,
    §33(c)
    of the Act is relevant to the
    consideration of all testimony.
    As to the finding that,
    although Respondent’s operations are
    in close proximity to Complainants’ residence, no violation of
    the Board’s regulations existed; again, given §33(c) and potential
    shutdown,
    no error
    is found.
    The Board considered Rule 102 vio-
    lations occurring less than 25 feet from the property-line—noise-
    source.
    Similarly, the fact that Respondent owns another plant
    in
    another city but chose to expand the plant involved in this case
    is not dispositive as to a finding under
    §33(c) of the Act of a
    violation of the Board’s regulations.
    42—15
    2
    The Board hereby affirms the Order entered on April 16,
    1981.
    IT IS SO ORDERED.
    Mr. Dumelle dissents.
    I, Christan L. Moffett, Clerk of the Illinois Pollution
    Control Boa1~d,hereby certify that the above Order was adopted
    on the
    lb
    day of~~t~e)
    ,
    1981 by a vote of
    ~,;‘.-/
    Illinois Pollution
    ontrol Board
    42—1~

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