ILLINOIS POLLUTION CONTROL BOARD
    August 24,
    1978
    FRANK’S
    CAR
    WASH,
    INC.,
    an
    )
    Illinois corporation,
    )
    Petitioner,
    vs.
    )
    PCB 78—116
    ENVIRONMENTAL PROTECTION AGENCY,
    )
    Respondent.
    OPINION AND ORDER OF THE BOARD
    (by Dr. Satchell):
    On April 24,
    1978 Frank’s Car Wash,
    Inc.
    (Frank’s)
    filed
    a petition for variance from Board Rule 202 of Chapter
    8:
    Noise
    Pollution Regulations.
    The Environmental Protection Agency
    (Agency)
    filed its recommendation on May 22,
    1978.
    A hearing
    was held on this matter on June
    27, 1978.
    At the hearing the
    petition was amended to include requests for variance from
    Rules 102 and 204 of Chapter 8
    as well as Rule 202.
    Also at
    the hearing Mr. Richard Petersen, an objector, testified.
    This same facility was the subject of a previous enforcement
    case befor~the Board PCB 76-238,
    25 PCB 375
    (1977).
    That case
    was resolved through a stipulated settlement that included a
    compliance plan.
    Frank’s Car Wash, located at 217 West Illinois Avenue,
    Aurora,
    Kane County, Illinois was built in the fall of 1974 on land zoned
    commercial; however, the area surrounding the facility has both
    residential and commercial establishments.
    The facility employs
    approximately
    5 to
    8 persons.
    It operates from 8:00 a.m. until
    6:00 p.m. Monday through Saturday and from 9:00 a.m. until 2:00 p.m.
    on Sunday, fifty-two weeks per year.
    The main source of noise
    is
    the drying equipment used at the facility.
    Frank’s has carried out the compliance plan agreed on in
    PCB 76-238.
    Efforts made before and after the compliance plan
    include:
    a noise suppression kit was purchased from the blower
    manufacturer and installed;
    a wall approximately ten feet tall and
    twenty-four feet long was constructed on the west property line;
    and a roof was constructed between the car wash building and the
    noise abatement wall.
    These three programs resulted in lowering
    the noise at the nearest residence from one to thirty dB depending
    on the octave band.
    The attenuation provided by the barrier
    is
    in fair agreement with that predicted by theory.
    Petitioner states he knows of no other methods for reducing
    the current noise levels.
    The Agency believes that several
    other techniques do exist.
    However, most of these do not work
    out well with the physical characteristics of Frank’s Car Wash.
    31—27j

    —2—
    A barrier perpendicular to and connected to ~theexisting barrier
    could be built at an approximate cost of $430.
    However, this
    would make it nearly impossible to maneuver the vehicle exiting
    the car wash to Illinois Avenue and creates a possible safety
    hazard since the vehicle must maneuver three ninety—degree turns
    in a very small area.
    Acoustical foam could be applied to the
    barrier wall and roof,
    but the excess noise appears to be due
    to reflections from the street curb and berm located across the
    street.
    The wet environment of the car wash can bring about
    deterioration of the foam material over time.
    The Agency does not
    recommend this method.
    The current A-weighted sound emission is 56.2 dB(A);
    before
    noise abatement it was 81 dB(A) with a measured ambient of
    44 dB(A).
    If the car wash were to reduce its emissions to exactly meet the
    limits of Rule 202, the A-weighted sound level would
    be 54.5 dB(A).
    Petitioner’s business runs
    65 hours per week.
    As defined by
    Chapter
    8 all hours of operation are during daytime hours.
    The
    Agency estimates that the noise emitting equipment operates about
    40
    of the hours of operation.
    According to USEPA criterion steady
    sound levels such as those produced by the car dryer have been
    found to interfere with outdoor communication.
    The noise abatement
    equipment already installed by Frank’s has provided substantial
    improvement over the original levels for conversation.
    If the
    noise were reduced to the levels of Rule 202, the improvement
    would be negligible.
    Indoors during the summer there is a small
    chance of speech interference and no interference during the
    winter.
    Since all car wash operations occur during daytime hours,
    little sleep disruption would be expected.
    However,
    if sleep
    interference does occur even in the summer months only minimal
    interference is indicated.
    After Agency communications two neighbors objected to the
    variance,
    three were in favor, and the remaining eight not
    responding.
    Mr. Richard Petersen testified at the hearing.
    He
    does object to the noise.
    The area was zoned commercial when
    Mr. Petersen purchased the house
    in 1974
    (R.
    23,
    26).
    Frank’s
    Car Wash was being built at that time and Mr. Petersen was aware
    of it
    (R.
    27).
    Appendix III of the Agency’s recommendation also
    shows
    a heavy traffic volume on Illinois Avenue which would also
    contribute heavily to the ambient noise level.
    The traffic
    volume estimated per day is
    12,096 cars,
    1,440 medium trucks and
    860 heavy trucks.
    The Agency recommends the grai~tof a five year variance
    subject to certain conditions.
    The Board agrees.
    The Board finds
    that Frank’s has made a substantial effort to resolve the problem.
    Further abatement procedures would be disruptive to business while
    giving only negligible abatement of the noise.
    The Board
    finds
    that arbitrary and unreasonable hardship would be suffered should
    this variance be denied.
    A five year variance is granted subject
    to the Agency’s conditions.
    31—272

    —3—
    This Opinion constitutes the Board’s findings of fact and
    conclusions of law in this matter.
    ORDER
    It is the order of the Pollution Control Board that Frank’s
    Car Wash,
    Inc.
    is granted a variance from Rules
    102, 202 and
    204
    of Chapter
    8:
    Noise Pollution Regulations as to the operations
    of its car wash for five years from the date of this order subject
    to the following conditions:
    1.
    That throughout the period of the Variance, Petitioner
    shall properly maintain existing noise control equipment
    presently installed on the car wash dryers, specifications
    of which are more particularly described in the
    Stipulation and Proposal for Settlement approved by the
    Board in EPA v. Frank’s Car Wash,
    Inc., PCB 76-238.
    2.
    That throughout the period of the Variance, Petitioner
    shall properly maintain the barrier and its roof at
    the car wash exit,
    specifications of which are more
    particularly described in Stipulation and Proposal for
    ‘Settlement approved by the Board in EPA v. Frank’s
    Car Wash,
    Inc., PCB 76-238;
    and,
    shall insure that no
    leaks are permitted to develop or exist either between
    blocks or between the barrier and its roof and the car
    wash building.
    3.
    That throughout the period of the Variance, Petitioner
    shall not operate the car wash between the hours of
    10:00 p.m. and 7:00 a.m.,
    local
    time.
    4.
    That throughout the period of the Variance, no new
    equipment installed and no equipment repair at the car
    wash shall increase the octave band sound pressure
    levels over those shown in Figure
    1, Exhibit
    4, of
    the
    Agency’s recommendation hereby incorporated by
    reference as
    if fully set forth herein, measured at
    the residential property presently occupied by
    Mr.
    Clyde Hartman to the west of the car wash or those
    shown in Figure 7, Exhibit 4, of the Agency’s recommendation,
    measured at the property of Rambling Rose Realty across
    the street from the car wash and to the south of it.
    5.
    That throughout the period of the Variance, Petitioner
    shall report to the Agency any economically reasonable
    and technologically practicable means of further
    abatement which may become available through advances
    in the state of the art.
    6.
    That Petitioner shall execute and forward to
    the
    Environmental Protection Agency, Division of Noise
    Pollution Control, Enforcement Section, 2200 Churchill
    Road, Springfield, Illinois 62706 within forty-five
    (45)
    days after the date of the Board Order herein a
    31_273

    —4—
    Certificate of Acceptance and Agreement to be
    bound to all the terms and conditions of the
    variance.
    This 45 day period shall be held in
    abeyance for any period during which this matter
    is appealed.
    The form of said Certification to
    be as follows:
    CERTIFICATION
    Frank’s Car Wash,
    Inc.
    has received and understands the
    Order of the Illinois Pollution Control Board in PCB 78-116 and
    hereby accepts said order and agrees to be bound
    to all the terms
    and conditions thereof.
    NAME
    TITLE
    DATE
    I, Christan L. Moffett, Clerk of the Illinois Pollution
    Control Board, hereb~certify the above Opinion and Order were
    adopt~donthe
    ,~,)4
    day of
    ___________,
    1978 by a vote
    c2A~I7~
    ~
    Christan L. Moff~~)C1erk
    Illinois Pollution Control Board
    31—274

    Back to top