ILLINOIS POLLUTION CONTROL BOARD
    August
    3,
    1978
    ENVIRONMENTAL PROTECTION AGENCY,
    )
    Complainant,
    )
    V.
    )
    PCB 77—331
    THE BOARD OF
    LIBRARY
    DIRECTORS
    )
    OF THE VILLAGE OF HILLSIDE,
    )
    Respondent.
    DEAN HANSELL, ASSISTANT ATTORNEY
    GENERAL,
    APPEARED FOR THE
    COMPLAINANT;
    GORDON LEVINE OF ANSEL, GLINK, DIAMOND
    & MURPHY, APPEARED
    FOP. THE RESPONDENT.
    OPINION AND ORDER OF THE BOARD
    (by Mr. Goodman):
    The Environmental Protection Agency
    (Agency)
    filed this
    Complaint on December 13,
    1977 alleging violations of Rules
    102,
    202 and 203 of Chapter
    8:
    Noise Regulations.
    A hearing
    was held in Chicago on April 11,
    1978 at which no members of
    the public attended.
    By the hearing date, the parties had
    reached a tentative accord, and their Proposed Stipulation of
    Facts and Settlement was filed with the Board on May 26,
    1978.
    Respondent,
    the Board of Library Directors of the Village
    of Hillside (Library)
    is
    a public library established by Article
    2 of the Illinois Local Library Act, Ill.Rev.Stat.l975, Ch.
    81.
    The Library is located in the vicinity of the intersection of
    the Eisenhower and Tn-State Expressways.
    This
    is
    a residential
    neighborhood of single family dwellings,
    apartment buildings and
    a seminary.
    The Library and surrounding area are Class A proper-
    ties within the meaning of Rule 201 of the Board~sNoise Regu-
    lations.
    31—175
    —2—
    The Complaint was filed as
    a result of the Agencyts investi-
    gation during the summer 1976 of several nearby residents’ com-
    plaints regarding noise from the Library’s air conditioning unit.
    The Library runs its air conditioning unit day and night during
    the hot weather in order to protect books and other library
    materials from damage from the temperature and humidity.
    A compliance conference was held on September 1,
    1976,
    and
    the Library entered into
    a compliance agreement on March
    7,
    1977.
    By late spring,
    1977,
    the Library had installed barriers and
    acoustic steel walls filled with sound absorptive
    foam.
    A set of
    sound
    measurements
    taken by the Agency
    in June,
    1977 still showed
    violations of Rules
    102,
    202 and 203.
    The Library was notified
    of these violations on June
    15,
    1977, and responded to the notice
    by letter indicating that further action would be taken, but not
    indicating what that action would be.
    However,
    on January
    6,
    1978,
    the Library installed nine additional acoustic wall panels.
    The Stipulation indicates that the steps taken by the Library
    to date have reduced noise emissions, but subsequent sound surveys
    indicate that the Library is still not in compliance with the
    nighttime standards of Rule 203.
    These same sound surveys indi-
    cate that the ambient noise level in the area is high,
    even at
    night,
    due to the proximity of the two expressways.
    The Library
    agreed to rewire its air conditioning unit
    so that only the main
    compressor will operate during the hours of 10:00
    p.m.
    to 7:00
    a.m.
    This should reduce the hydraulic pressure in the system
    arid
    eliminate excessive noise.
    This work was to have been completed
    by June 15,
    1978.
    The Settlement makes no mention of a stipulated penalty.
    The Board finds that the purposes of the Act would not be served
    by imposing a penalty in this case.
    There
    is nothing in the
    record to indicate that the Library did not in good faith try to
    comply with the Board’s regulations.
    Furthermore,
    the Library
    has already made expenditures to bring it into compliance with
    the rules.
    Since the Library is funded through taxes, we feel
    it would be unfair to further tax the public by assessing a
    penalty, when this settlement will result in the abatement of
    future noise violations.
    See, EPA v. City of Mt. Carmel,
    #73—246,
    10 PCB 153, 154
    (1973).
    ORDER
    It is the Order of the Pollution Control Board that:
    1)
    The Board of Library Directors of the Village
    31—175
    —3—
    of Hillside has violated Rules
    102,
    202 and
    203 of Chapter
    8:
    Noise Regulations.
    2)
    The Library shall cease and desist all future
    violations.
    I, Christan L. Moffett,
    Clerk of the Illinois Pollution
    Control Board,
    bereby certify the above Opinion and Order
    were adopted on the
    ~
    day of
    ,
    1978 by a
    vote of_______________________
    ~-.
    ~
    Christan L. Moffett, Clerk
    Illinois Pollution Control Board
    31—177

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