ILLINOIS
    POLLUTION
    CONTROL
    BOARD
    September 15,
    1977
    ENVIRONMENTAL PROTECTION AGENCY,
    )
    Complainant,
    v.
    )
    PCB 77—133
    WILL COUNTY PRODUCE COMPANY,
    Respondent.
    OPINION AND ORDER OF THE BOARD
    (by Mr.
    Goodman):
    On June 28,
    1977,
    the Environmental Protection Agency
    (Agency)
    filed an Amended Complaint against Will County Produce Company
    (Will County)
    alleging that on April
    2,
    April 30, August 9, and
    August
    30, 1976, Will County emitted sound from its facility which
    exceeded the allowable limit under Rule 204 of the Noise Regula-
    tions.
    A hearing was held
    in this matter on August
    4,
    1977,
    in
    Joliet,
    Illinois.
    No members of the public were present.
    At the
    hearing,
    the parties submitted a Stipulation and Proposal for Settle-
    ment (Stipulation).
    Will County operates a cold storage warehouse in Joliet, Will
    County,
    Illinois, which includes four refrigeration units located
    on the north side of the facility.
    The facility, which
    is in
    operation ten hours
    a day,
    five days
    a week,
    is located in a
    commercial and light industrial area.
    No residences are located
    in the area.
    Pursuant to a Complaint received from an officer of a beauty
    salon located directly north of the Will County
    facility, the
    Agency took noise emission measurements,
    the results of which are
    attached to the Stipulation.
    The Agency also sent questionnaires
    to fifty-two commercial, professional and industrial establishments
    ~26—535
    7-
    in the area.
    Of the nineteen responses the Agency received, not
    one indicated that any noise nuisanoe was caused by Will County.
    Will County stipulates that the primary sources of noise emit—
    ted from its facility are the ~efrige~ation units.
    Will County
    also stipulates that it is subject to R~ile204
    of the Noise Regula-
    tions and that on the dates specified
    ~n
    the P~mendedComplaint it
    caused or allowed the emission of sound beyond its property to
    receiving Class B property in excess of the Rule 204
    limitations.
    The parties stipulate that, prior to the filing of the Complaint in
    this matter, Will County took several steps toward achieving compli-
    ance, including the retention of an architectural firm and a noise
    consulting firm.
    In the Ter~nsof Settlement, Will County agrees to construct a
    sound attenuation barrier at a cost of $5,000.00 as well as to
    carry out several other steps in order to achieve compliance with
    Rule 204.
    Will County also agrees
    to pay
    a penalty of $100.00 for
    the violations found herein.
    The Board finds that Will County has violated Rule 204 of the
    Noise Regulations.
    The Board also finds that the compliance program
    agreed to
    in the Stipulation is adequate to ensure alleviation of
    the excessive noise emissions.
    In light of the minimal public injury
    caused by Will County,
    a penalty of $100.00 is appropriate for the
    violations of the Noise Regulations found herein.
    This Opinion constitutes the findings of fact and conclusions
    of law of the Board in this matter.
    ORDER
    It is the Order of the Pollution Control Board that:
    1.
    On April
    2,
    April
    30, August
    9,
    and
    August
    30.
    1976,
    Will County Produce Company emitted souna
    from
    its facility to receiving Class B in violation of
    Rule 204 of the Noise Regulations.
    2.
    For said violation, Will County shall pay a penalty
    of $100.00, penalty payment to be made within
    35 days of
    ~2L-436--
    the date of this Order by certified check or money order
    to:
    Fiscal Services Division
    Illinois Environmental Protection
    Agency
    2200 Churchill Road
    Springfield,
    Illinois
    62706
    3.
    Will County shall comply with all the terms
    and
    conditions agreed upon in the Stipulation and
    Proposal
    for Settlement, which is incorporated by reference as
    if fully s~tforth herein.
    I, Christan
    L.
    Moffett, Clerk of the Illinois
    Pollution Control
    Board, hereby ceriify the above Opinion and Order were adopted on
    the~~
    day ~
    1977 by a vote of______________
    /7~)
    o11~~L
    C ristan
    L. Mof~
    ,
    Clerk
    Illinois Polluti
    ontrol Board
    7~~3~7

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