ILLINOIS POLLUTION CONTROL BOARD
    February
    19,
    1981
    COUNTY OF PEORIA,
    )
    A Body Politic And Corporate,
    )
    )
    Complainant,
    )
    V.
    )
    PCB 80—38
    )
    BACON’S FARM, LTD.,
    )
    Joell Allen, Manager, Second Chance;
    )
    and Steve Conch, Manager, Second
    )
    Chance, d/b/a Second Chance,
    )
    Respondent.
    MR. CHRIS FREDRICKSEN AND MR. PETER WAYNE, ASSISTANT STATE’S
    ATTORNEYS APPEARED ON BEHALF OF THE COMPLAINANT;
    MR. THOMAS E. LEITER APPEARED ON BEHALF OF THE RESPONDENT.
    INTERIM OPINION AND ORDER OF THE BOARD
    (by J.D. Dumelle):
    The County of Peoria filed a complaint on February 21, 1980,
    and a supplemental complaint on August
    1,
    1980,
    alleging
    violations of various Board Regulations of Chapter
    8:
    Noise
    Pollution,
    as well
    as Section 24 of the Illinois Environmental
    Protection Act
    (Act).
    Hearings were held on June
    12 and
    December
    17,
    1980.
    A Stipulation of Facts and Agreed Settlement
    was filed on January
    9,
    1981.
    The following factual background and discussion have been
    stipulated
    to.
    Second Chance owns and operates
    a lounge at 3300 W.
    Willow
    Knolls Road in Peoria County,
    Illinois,
    Said lounge
    is
    a
    property—line noise source located on Class B land within
    the meaning of Rule 201(b)
    of Chapter
    8.
    Second Chance
    is bounded on the north by Willow Knolls
    Road,
    on the west by a vacant field,
    on the east by an apartment
    complex located approximately 600’
    from the Second Chance
    building and on the south by single—family dwellings.
    These single—family dwellings are located approximately
    100—300 yards
    from the Second Chance building and face West
    Chadwick Lane.
    The land which they occupy is classified as
    Class
    A land within the meaning of Rule 201(A) of Chapter
    8.
    40—499
    —2—
    On March
    2,
    1978, the Environmental Protection Agency
    (Agency) was notified by the Peoria County State’s Attorney’s
    Office that it had received complaints from residents on West
    Chadwick Lane concerning amplified music being emitted from
    the Second Chance building.
    In May of 1978,
    a representative of the Agency contacted
    Mr. Bruce Simpson, who resides at 3213 West Chadwick Lane.
    The back of his residence faces the Second Chance building.
    Mr. Simpson complained that the amplified music affected his
    sleep,
    his watching of television, his conversations with
    others and the enjoyment of his backyard.
    He complained
    further that the noise was most intolerable between 9:00 p.m.
    and 2:00 a.m.
    Below are listed measurements taken by the hgency on
    the dates specified for nighttime Class B land to Class A land:
    Octave
    Rule
    202 Octave
    Band
    Band
    Sound
    5/21/79
    6/6/80
    Center
    Pressure
    5/16/78
    (db)
    6/22/79
    (db)
    Frequency Level Limits
    (db)
    Site
    1
    Site
    2
    (db)
    Site
    1
    Site
    2
    31.5
    63
    52
    50
    50
    53
    55
    53
    63
    61
    58
    50
    48
    64
    56
    64
    125
    55
    55
    48
    48
    56
    56
    62
    250
    47
    47
    47
    45
    49
    54
    52
    500
    40
    43
    47
    44
    50
    51
    51
    1000
    35
    38
    4.
    39
    40
    46
    48
    2000
    30
    23
    30
    28
    38
    39
    39
    4000
    25
    *
    23
    23
    34
    45
    44
    8000
    25
    *
    21
    21
    27
    34
    34
    The County alleged in its Complaint that on May 16,
    1978;
    May
    21,
    1979; June 22,
    1979; and June
    6,
    1980;
    the noise
    emitted from Second Chance exceeded the levels as stated in
    Chapter
    8.
    There are at least six residents of single—family dwellings
    located on West Chadwick Lane located to the south of the
    Second Chance building who are ready and willing to testify
    that they are bothered by the noise to such a point that it
    interferes with the enjoyment of their
    life and the use of
    their property,
    The citizen complainants are ready and willing
    to testify that the noise affects their rest and relaxation,
    interrupts their sleep, makes them irritable, affects their
    normal conversation and listening to television.
    Respondents stipulate that on the dates alleged, the
    Agency conducted various noise tests, results of which indicate
    that the Respondents were in violation of Rules 102, 203 and
    207 of Chapter
    8 and Section 24 of the Act.
    Based upon the stipulated facts and the lack of objections
    from any members of the affected public, the Board finds
    that the agreed interim settlement is appropriate and comports
    with Procedural Rule 331 and Section 33(c) of the Act.
    The Board,
    therefore,
    accepts the Stipulation of Facts and Agreed Settlement
    and will order such acts as agreed to in the interim settlement.
    L~fl—Sflfl
    —3—
    ORDER
    It is the Order of the Board that:
    1.
    Respondents shall not remove or change
    any of the
    noise reducing steps they have taken as of the date
    of this Order except such changes deemed necessary
    to further reduce noise;
    2.
    Respondents shall hire and retain a noise consultant
    to conduct research, part of which will include
    noise tests, who will make recommendations to Second
    Chance as
    to noise emissions so as to comply with
    Chapter
    8 of the Pollution Control Board Rules and
    Regulations;
    3.
    Respondents’ consultant shall communicate his research
    and recommendations he or other consultants have
    completed for Second Chance to the Illinois Environmental
    Protection Agency.
    4.
    Respondents’ consultant shall also prepare a detailed
    abatement plan for the reduction of noise emissions
    from Second Chance.
    This plan shall contain a
    specific timetable for when the abatement work will
    commence and terminate.
    This plan shall also contain
    a detailed report of all abatement work performed
    by Second Chance prior
    to the date of this Order.
    5.
    Respondents’ consultant shall present all of his
    research, recommendations and the abatement plan
    to the Agency within thirty
    (30) days of the date
    of this Order.
    6.
    The Agency shall review said research, recommendations
    and abatement plan within twenty
    (20) days after
    receipt of the consultant’s work,
    and shall then
    communicate its recommendations for abatement to
    the consultant and to Second Chance.
    7.
    Second Chance agrees to act
    in good faith and
    follow the recommendations
    for abatement as
    proposed by the Agency.
    8.
    Second Chance shall permit access to its building
    and to the grounds
    surrounding the Second Chance
    building
    to representatives of the Agency for the
    purpose of conducting its own research as to noise
    emissions.
    9.
    The parties shall jointly report to the Board when
    all the time periods and actions ordered have
    elapsed or been done.
    40—501
    —4—
    10.
    The Board retains jurisdiction in this case and
    will take further appropriate action at a later
    date including a decision as to penalty.
    I, Christan L. Moffett, Clerk of the Illinois Pollution
    Control Board, hereby cptify tha
    th
    above Opinion and Order
    was~doptedon the
    /‘1
    day of
    ~
    1981 by
    a vote
    Illinois Pollution
    40—502

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