ILLINOIS POLLUTION CONTROL BOARD
May 12,
1977
DR. MARVIN M.
PUKLIN,
Complainant,
v.
)
PCB 77—113
LAMBERT R.
SWANSON,
)
Respondent.
ORDER
OF THE BOARD
(by Mr.
Zeitlin):
The Complaint in this matter was filed on April
18,
1977,
and
alleged that noise from Respondent’s central air conditioning system
constituted a violation of Chapter
8:
Noise Pollution,
of this Board’s
Rules and Regulations.
Respondent filed a document styled a “rebutter”
on
May
11,
1977.
Rule 208(a),
“Exceptions,” states that the noise limitations
of Chapter
8, even in those situations where the receiving property
is
“Class A” land, “...shall not apply to sound emitted from land
used as specified by SLUCM
Standard
Land Use Classification Manual
Codes 110,
140,
190,
691
...“
As applicable here, the exception
covers noise emissions from residential property.
The Board has, correctly,
interpreted this language within its
plain meaning and has refused to adjudicate disputes between resi-
dential neighbors.
E.g., Sample v.
Peckham, PCB 75-442, 21 PCB 335
(May 6,
1976).
Local authorities are better suited to resolve such
problems.
Complainant has not shown that such local relief is
unavailable.
Rule 208(a)
requires that the case be
dismissed.
IT IS SO ORDERED.
I, Christan
L, Moffett, Clerk of the Illinois Pollution
Control Board, hereby certify the above Order was adopted on
the
~
day of
Th
,
1977, by a vote of
~
Illinois Pollution
25
—
503