ILLINOIS POLLUTION CONTROL BOARD
    January
    21, 1982
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
    Complainant,
    )
    v.
    )
    PCB 80—220
    SCHAUMBURG PARK DISTRICT,
    )
    a
    municipal
    corporation,
    Respondent.
    MR.
    H.
    ALFRED RYAN, ASSISTANT ATTORNEY GENERAL, APPEARED ON
    BEHALF
    OF THE COMPLAINANT.
    MR. EDWARD
    A. MRAZ, ATTORNEY AT LAW, APPEARED ON BEHALF OF THE
    RESPONDENT.
    OPINION AND ORDER OF THE BOARD
    (by N.E. Werner):
    This matter comes before the Board on the December
    4,
    1980
    Complaint brought by the Illinois Environmental Protection
    Agency (“Agency”)
    which alleged that the Respondent, the
    Schaumburg Park District
    (“District”), allowed sounds
    from
    the public address music system of the swimming area in a
    public park to interfere with the enjoyment of life and
    activities of nearby residents, thereby causing noise
    pollution in violation of Rule 102 of Chapter
    8:
    Noise
    Regulations and Section 24 of the Illinois Environmental
    Protection Act (“Act”).
    On December 22,
    1980,
    the District filed a Motion to
    Strike the Complaint.
    The
    Agency filed its Response to the
    Respondent’s Motion to Strike on December
    30,
    1980.
    On January
    8,
    1981,
    the Board entered an Order which denied the Respondent’s
    Motion to Strike.
    A hearing was held on December 16,
    1981 at which two members
    of the public were present.
    The parties also filed their Stipu-
    lation and Proposal
    for Settlement on December 16,
    1981.
    The District, through its Board of Park Commissioners, operates
    a public park known
    as the Meineke Recreation Center
    (the “park”)
    which is located at 220 East Weathersfield Way in Schaumburg, Cook
    County,
    Illinois.
    (Stip.1).
    The park,
    which is surrounded on
    all sides by single—family residences,
    contains extensive
    swimming facilities which include one outdoor diving pool and
    one Olympic size swimming pool which are open for use during the
    summer months
    (i.e.,
    from approximately Memorial Day through
    Labor Day)
    for 16 hours per day,
    6 days per week,
    and for 12
    hours each Sunday.
    The park also includes tennis courts,
    ball fields,
    a playground,
    and an indoor recreational center.
    (Stip.
    2).
    45—123

    —2~-
    During
    the
    summer
    months,
    when
    the
    swimming
    pools
    are
    in
    almost continuous use, about 20
    nearby homes on the east and
    west sides of the park on receiving Class A lands have been
    adversely affected by sound emissions during the day and at
    night from the park’s public address and music system which
    is an existing—property-line-noise-~~source. (Stip.2-3).
    These
    residents have complained to the Schaumburg Board of
    Park Commissioners and to the Agency and have petitioned
    for corrective action, noting that the park’s public address
    and
    music system has unreasonably interfered with their
    enjoyment of life and activities between 1978 and 1980.
    (Stip. 2).
    The proposed settlement agreement provides that the
    Respondent:
    (1)
    admits that violations occurred during
    1978 and 1979;
    (2) agrees to a detailed compliance plan
    which sets forth specific measures to correct all noise
    problems, and
    (3)
    agrees to pay
    a stipulated penalty of
    $990.00.
    (Stip.4—9).
    The detailed compliance program, which must be completed
    prior to June
    1,
    1982,
    includes such measures as the operation
    of the sound system only during specified hours, the redesign
    of the system in accord with the recommendations of an acoustical
    consultant,
    and restrictions on the playing of music during
    various swim practices.
    (Stip.4-7; Joint Exhibits
    1 and 2).
    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, the
    Schaumburg Park District, has violated Rule 102 of Chapter
    8:
    Noise Regulations and Section 24 of the Illinois Environmental
    Protection Act.
    The District will
    be ordered to follow the
    agreed-upon compliance plan and to pay the stipulated penalty
    of $990.00.
    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,
    the Schaumburg Park District,
    has
    violated
    Rule
    102
    of Chapter
    8:
    Noise
    Regulations
    and
    Section
    24
    of
    the
    Illinois
    Environmental Protection Act,
    45—124

    —3—
    2.
    Within
    30
    days
    of
    the
    date
    of
    this
    Order,
    the
    Respondent
    shall, by certified check or money
    order payable to the
    State of Illinois, pay
    the stipulated penalty of $990.00 which is to
    be sent to:
    Illinois Environmental Protection Agency
    Fiscal Services Division
    2200 Churchill
    Road
    Springfield,
    Illinois
    62706
    3.
    The Respondent shall comply with all
    the terms and
    conditions
    of the Stipuia~ionand Proposal
    for
    Settlement
    filed on December 16,
    1981,
    which is
    incorporated by reference as
    if fully set forth
    herein.
    I,
    Christan
    L.
    Moffett, Clerk of the Illinois Pollution
    Control Board,
    hereby certify that the above Opinion and
    Order were adopted on the
    ~
    ___
    day
    of
    ~
    1982 by a vote of
    4-c
    .
    Christan
    L.
    Mof’f~14
    Clerk
    Illinois Pol lutiofr’Control
    Boar-I
    45—125

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