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