ILLINOIS POLLUTION CONTROL BOARD
May 24, 1979
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
)
Complainant,
v.
)
PCB
78—44
BELOIT GRAIN COMPANY,
an
Illinois corporation,
Respondent.
MR. DOUGLAS
P.
KARP, ASSISTANT ATTORNEY GENERAL, APPEARED ON BEHALF
OF THE COMPLAINANT.
MR.
LOWELL BERG, SECRETARY AND TREASURER OF THE BELOIT GRAIN
COMPANY, APPEARED PRO SE.
OPINION AND ORDER OF THE BOARD
(by Mr. Werner):
This matter comes before the Board on the February 10, 1979
Complaint brought by the Illinois Environmental Protection Agency
(~Agency”) which alleged that,
from August
9,
1973 until the date
of filing of the Complaint, the Respondent operated its grain drying
facility so as to allow the emission of sound beyond the boundaries
of
its property which unreasonably interfered with the enjoyment
of life
and with the lawful activities of persons on Class A
(residential)
land in proximity
to the Respondent’s property in
violation of Rules
102 and 202
of Chapter
8:
Noise Regulations and
Section 24
of the Illinois Environmental Protection Act
(“Act”).
A hearing was held on March
16,
1979.
The parties filed a
Stipulation and Proposal for Settlement on March 21,
1979.
The Respondent,
the Beloit Grain Company
(“Beloit”), owns and
operates a grain drying facility in the Village of Winnebago, Winnebago
County, Illinois which includes two grain dryers,
eight aeration
fans,
various grain bins and elevators,
and related equipment.
The principal sources of sound emitted from the Respondent’s
facility are
the
eight aeration fans
(which are operated about
6 to
8 months per year)
and the two grain dryers
(which are operated
during the
fall for about
3
to
4 months).
The aeration fans and
grain
dryers are generally not operated simultaneously.
(Stip.
5).
33—567
—2—
It is stipulated
that,
on
November 4,
1976,
October 13,
1977,
April
8, 1978,
October 31,
1978,
and November
2,
1978, Beloit allowed
noise emissions from its grain drying operations to emit sound
beyond the boundaries of its property onto nearby receiving Class A
land. in violation
of Rule 202 of Chapter
8:
Noise Regulations.
(Stip.
3;
See: Exhibits B,
C,
D, E and F).*
Moreover, the Agency
has represented
that,
If
a
full hearing were held in this matter,
it would present
testimony from at least three neighbors residing
on residential
land in proximity to Beloit’s facility which would
show that the sounds emitted had interfered with their sleep,
rest,
and relaxation,
and interfered with the use and enjoyment of their
property,
in violation of Rule 102 of the Board’s Noise Pollution
Regulations and Section 24 of the Act.
(Stip.
3-4).
Various steps were taken by the Respondent between the last
week of October,
1978
and the first week of November,
1978 in an
attempt to correct the noise problems which exist at the facility.
Beloit installed silencers on some of the aeration fans, constructed
insulated plywood noise barriers and enclosures near the grain
dryers, and placed bales
of
hay under each noise barrier.
While
these measures served to reduce noise
emissions, Agency
inspections
on October
31,
1978 and November
2,
1978 revealed that noise
violations had not been completely eliminated.
(Stip.
4—5).
However,
these measurements were made of two sets of equipment
(grain dryers and
aeration fans) which
in practice are not
operated together.
Thus, the facility will be in compliance.
(Stip.
5)
The proposed settlement agreement provides for a stipulated
penalty of $250 and includes a detailed compliance plan which
specifies how the Respondent should modify and maintain its
existing noise barriers, enclosures,
and silencers so as to
promptly come into full compliance with the Board’s Noise
Regulations and the Act,
In evaluating this enforcement action and
proposed settlement, the Board has taken into consideration all the
facts and circumstances
in light of the specific criteria
delineated in Section 33(c)
of
the Illinois Environmental
Protection Act and finds the stipulated agreement acceptable under
Procedural Rule 331.
The Board finds that the Respondent,
the
Beloit Grain Company,
has violated Rules 102 and 202 of Chapter
8:
Noise Regulations and Section
24 of the Act.
The Board hereby
imposes the stipulated penalty of $250
against the Respondent.
*All exhibits are attached to the Stipulation and Proposal for
Settlement and are incorporated therein as
part of the Stipulation.
Exhibits
B,
C,
D,
E and F are Noise Survey Reports prepared by
the agency.
33—
568
—3—
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 has violated Rules
102 and 202 of Chapter
8:
Noise Regulations and Section 24 of the Act.
2.
Within 45 days of the date of this Order, the Respondent
shall pay the stipulated penalty of $250
,
payment to be made by
certified check or money order to:
State of Illinois
Fiscal Services Division
Illinois Environmental Protection Agency
2200 Churchill Road
Springfield, Illinois
62706
3.
The Respondent shall comply with all the terms and
conditions of the Stipulation and Proposal for Settlement filed
March 21,
1979,
which is incorporated by reference as
if fully set
forth herein.
I, Christan L. Moffett, Clerk of the Illinois Pollution
Control Board, here~’certify the above Opinion and Order were
adopted
or2. the
c?’-f
day of
1)-)
,
1979
by a
vote of
~
Christan L. Moffet~t ~9.erk
Illinois Pollution
ontrol Board
33—569