ILLINOIS POLLUTION CONTROL BOARD
    April
    16,
    1981
    JAMES KAJI, DOROTHY KAJI,
    ET AL.,
    Complainants,
    v.
    )
    PCB 80-46
    R.
    OLSON MANUFACTURING COMPANY,
    INC.,
    Respondent.
    MR.
    MARVIN LUSTGARTEN APPEARED ON BEHALF OF COMPLAINANTS.
    MS. DIXIE
    L.
    LASWELL, ROOKS, PITTS, FULLAGAR AND POUST,
    APPEARED ON
    BEHALF OF RESPONDENT.
    OPINION AND ORDER OF THE BOARD
    (by I. Goodman):
    This complaint was filed before the Board on March
    18,
    1980
    by
    James Kaji, Dorothy Kaji, and others
    (Kaji)
    alleging that
    R.
    Olson Manufacturing Company,
    Inc.
    (Olson)
    is in violation of
    Rule 102 of Chapter 8 of the Illinois Pollution Control Board’s
    rules and regulations
    (Noise Rules)
    and Section 24 of the Illinois
    Environmental Protection Act
    (Act).
    Hearings were held in this
    matter on November 12,
    13, and 14,
    1980; no citizen testimony was
    given at the hearings and the Board has received no public commenL.
    The facility which is the subject of this complaint
    is Olson’s
    Chicago plant,
    located on West Grand Avenue immediately adjacent
    to two buildings owned by Kaji which are used by Kaji as
    a
    residence and a storage facility.
    Olson’s facility produces
    metal
    stampings for approximately 120 companies and is the sole supplier
    of certain types of these stampings (R.443—4).
    The metal stampings
    are made using
    large punch presses which generate sound during
    the
    process.
    It
    is the sound made by these presses, particularly
    that
    from
    a 200—ton press located in the building most adjacent to
    Kaji,
    which is the subject of Kaji’s complaint.
    Kaji moved into his buildings in 1963
    (R.409).
    Olson’s
    facility was already in existence at that time, but was not then
    adjacent to Kaji’s buildings.
    In 1965 Olson purchased three lots
    which were between Kaji’s buildings and Olson’s facility and
    constructed an addition to its plant in which several new pieces
    of machinery, including presses, were installed.
    Olson also
    started a second shift which
    still runs from 5:00 p.m. until
    1:30
    a.m.
    the following morning.
    In 1967 Olson installed a 100-ton
    press in the new addition and in 1976 installed the 200—ton press
    in question (R.95-6).
    Olson presently employs
    60 persons at the
    plant and has annual payroll expenditures
    of over $1,000,000
    (R. 433—4).
    41—245

    —2—
    Kaji alleges that the noise problem started with the
    install-
    ation of the large presses
    in the expansion area
    next
    to his
    buildings,
    and that he had not been disturbed by Olson’s prior
    operation in the original plant nor by the expansion itself.
    At
    hearing Kaji introduced evidence which indicated that the level
    of sound inside the Kaji living quarters approached 87 decibels
    during periods when Olson’s large presses were
    in operation
    (Cornpl.
    Ex.1).
    Kaji alleges that this constitutes a violation of the
    numerical sound limitations contained in Rules
    202 and 206 of
    the
    Noise
    Rules, notwithstanding the fact that violations of these rules
    were not alleged in the complaint or referenced at hearing.
    Testing was conducted by an Agency technician, admittedly
    a novice, who not only conducted
    the
    test indoors but at a point
    less than 25 feet from the property line of the source.
    Even
    though,
    as Kaji alleges,
    it is impossible, given the plant and Kaji
    building construction configurations,
    to meet the 25—foot measurement
    distance contained
    in these rules, the Board cannot apply results
    obtained by a novice inspector, even if doing the best he can,
    in
    this case.
    This is not the sort of situation covered by the
    numerical standards limitations; therefore, they do not apply.
    The
    Board will,
    however, accept the report as evidence with respect
    to Rule 102 as relevant to a finding of an unreasonable interference
    with the enjoyment of life, even though Kaji’s brief has abandoned
    an allegation of violations of Rule 102 in favor of allegations of
    violations of Rules
    202 and 206.
    The Board,
    therefore,
    shall
    con-
    sider the issue of
    a violation of Rule 102 and shall
    weigh the
    evidence in the record of such violation.
    The testimony of the Kaji family indicates that they are
    disturbed by the pounding noise created by Olson’s presses,
    particularly at night,
    and, in Mr. Kaji’s case, particularly when
    he doesn’t feel well
    (R.233—240,321--345,367—397,408—435).
    Two
    journals were admitted into evidence,
    one kept by Mr.
    Taji
    and ti~e
    other by Mrs.
    Kaji, indicating the times when they were aware of
    the pounding noise coming from the Olson facility (Compl.
    Exs.3
    and 4).
    The Kajis allege a priority of
    location in the area since their
    complaints arose subsequent to the tine when they moved
    in.
    Olson
    argues that not only is the neighborhood in question zoned
    for
    industrial purposes,
    but it has been
    so zoned since 1957
    (Resp.
    Ex.1).
    Testimony of
    a consultant hired by Olson indicates that Olson has
    taken every reasonably available technical measure to abate the
    sound emanating from the presses, such as installing isolators and
    a masonry enclosure
    (R.486,492).
    Olson has received no other com-
    plaints regarding sound other than those from the Kajis and maintainn
    t±ata shutdown of the large presses would result
    in the closure of
    the plant
    (R.447).
    Olson further alleges that the plant could not b~
    run economically on a one-shift basis and that there is no other
    location available to which the presses could be moved.
    In determining whether a violation of Rule 102 has occurred,
    the Board must take into consideration the criteria listed in
    Section 33(c)
    of the Act, as well as other facts and circumstances
    bearing upon the reasonableness of the sound emissions involved.
    4 1—246

    —3—
    The record is clear that the Kajis are enduring intermittent
    sound of a disturbing nature; the record indicates that they have
    endured such sound for at least four years.
    The record also
    establishes the social and economic value of the pollution source
    and, indeed,
    this has not been challenged.
    The suitability of
    the
    source to the area in which it is located is demonstrated by the
    fact that the immediate neighborhood is predominantly industrial
    in character.
    As
    to the question of priority of location, con-
    sidering the character of the neighborhood and the fact that Kaji
    was aware of such character when he moved in,
    Kaji must reasonably
    have expected that additional manufacturing facilities could
    lawfully be added by Olson.
    It is also clear from the record that
    Olson has made reasonable attempts to reduce the noise emissions,
    including construction of an unusual concrete brick structure as
    an enclosure and mounting the presses upon a shock—absorbent medium.
    Certainly
    it would not appear to be economically reasonable to
    require Olson to shut down
    the
    presses,
    and consequently the enhir~
    plant,
    which is the outcome of the relief requested by Kaji.
    After full consideration of all of the facts in record in this
    matter, the Board comes to the conclusion,
    somewhat reluctantly,
    that although the Kajis may well be experiencing discomfort due
    t~o
    the noise created by Olson’s press operation,
    Olson is engaged
    in
    an important manufacturing operation in a facility which is and has
    been since 1957 suitably located within an area zoned for industrial
    uses.
    Olson’s operations have definite social and economic value to
    the community.
    Moreover,
    Olson has reduced the sound emissions as
    much as is technically and economically practicable.
    The Kajis,
    who
    have lived in the building for some seventeen years, apparently with-
    out complaint,
    cannot now be heard to complain;
    the neighborhood
    has developed in a manner which was predictable at the time of
    their
    arrival.
    The Board shall, therefore, dismiss this action.
    This Opinion constitutes the findings of fact and conclusions
    of law of the Board in this matter.
    ORDER
    It is the Order of the Illinois Pollution Control Board that
    the complaint in PCB 80—46 be and is hereby dismissed.
    Mr. Dumelle dissents.
    I,
    Christan L.
    Moffett,
    Clerk of the Illinois Pollution Control
    Board, hereby certify that the above Opinion and Order were adopted
    on the /(~~dayof
    _________,
    1981 by a vote of
    ____
    /
    ;
    /J~,1
    /
    ~
    1~~2
    ~
    V/
    ~/~ii~
    —____
    Christan L. Mof~ett,Cle~
    Illinois Pollution Control Board
    4 1—247

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