ILI~INOIS POLLUTION CONTROL BOARD
    August
    23, 1979
    ENVIRONMENTAL PROTECTION AGENCY,
    )
    Complainant,
    v.
    )
    PCB 78—170
    JOHN M. BOAST, INC.,
    an Iowa corporat.~on,
    Respondent.
    MS. ANNE MARKEY, ASSISTANT ATTORNEY GENERAL, APPEARED ON BEHALF
    OF COMPLAINANT;
    MR. ROBERT 7. DODD, DODD, STOUT, TOWNSEND, MARTINKUS AND COLE,
    APPEARED ON BEHALF OF RESPONDENT.
    OPINION AND ORDER OF THE BOARD (by Mr. Goodman):
    This enforcement action was filed before the Board on
    June 14, 1978 by the Illinois Environmental Protection Agency
    (Agency) alleging violation of Rules 102, 203, 206 and 207
    of the Pollution Control Board Rules and Regulations, Chapter
    8: Noise Regulations, and of Section 24 of the Environmental
    Protection Act (Act) by John £4. Boast, Inc. (Boast). On
    July
    5,
    1978, Boast requested a variance from Rules 203, 206
    and 207, and a hearing was held on October 12, 1978. At the
    hearing, the Agency and Boast presented a proposed settlement
    agreement and submitted written, narrative testimony in lieu
    of a stipulation of facts. The parties responded to public
    testimony regarding both the settlement agreement and Boast’s
    past violations. On March 14, 1979 a Stipulation and Proposal
    for Settlement (Stipulation) was filed before the Board. On
    March 16, 1979 the Board granted the Agency leave •to withdraw
    its recommendation in the variance action and to substitute
    for it the Stipulation. The Board granted the variance on
    March 29, 1979, under docket number PCB 78—181.
    Boast stipulates that its wooden pallet manufacturing
    plant in Champaign, Illinois, has emitted noise from its
    facility in violation of Rules 102, 203, 206 and 207 of the
    Board’s Noise Regulations. The written testimony filed at
    the hearing states that Agency employee Dorothy L. Jones
    recorded these violations on May 24, 1978. The parties agree
    that the interests of the public and of the parties would best
    be served by resolving the matter without further litigation.
    35— 197
    —2—
    Boast proposes to, within 30 days of the Board’s approval
    of the Stipulation, develop a repair and work rules program
    designed to diminish, particularly after 10:00 p.m., sound
    emissions from the plant. Boast proposes to install sound
    baffling and automatic overhead door openers in the main
    building on or before May 15, 1979. Boast also proposes to
    install the following: 1) an eight—foot—high wooden barrier
    along the north boundary of its property; 2) covers to extend
    from the building’s wall to the trailer doors of trucks at the
    dock; and 3) governors on the motors of its fork lifts. Boast
    proposes to seal the main building and to install an Agency—
    approved ventilation system by May 15, 1980.
    The Board hereby accepts the Stipulation as filed on
    March 14, 1979. The Board finds Boast in violation of Rules
    102, 203, 206 and 207. Considering the injury to the health
    and welfare of nearby residents, the social and economic
    value of Boast and the reasonableness of the emissions, the
    Board finds that the stipulated penalty of $500 is necessary
    to ensure enforcement of the Act.
    This Opinion constitutes the findings of fact and conclu-
    sions of law of the Board in this matter.
    ORDER
    It is the Order of the Pollution Control Board that:
    1) Respondent John £4. Boast, Inc. has violated Rules 102,
    203, 206 and 207 of the Illinois Pollution Control Board
    Rules and Regulations, Chapter 8: Noise Regulations.
    2) John £4. Boast, Inc. execute the program set forth in
    paragraphs 9, 10, 11 and 12 of the Stipulation and Pro-
    posal for Settlement, filed March 14, 1979, which
    Stipulation is hereby incorporated by reference as if
    fully set forth herein.
    3) Within 30 days of the date of this Order, the Respondent,
    John M. Boast, Inc., shall pay by certified check or money
    order a penalty of $500 to be sent to:
    Fiscal Services Department
    Illinois Environmental Protection Agency
    2200 Churchill Road
    Springfield, Illinois 62706
    Dr. Satchell abstains.
    35—198
    —3—
    I, Christan L. Moffett, Clerk of the Illinois Pollution
    Control Board, hereb~certify the abov Opinion and Order were
    adopted on the
    ~
    day of
    ~
    1979 by a
    vote of
    S-I-0
    Illinois Pollutioi
    Board
    35—199

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