ILLINOIS POLLUTION CONTROL BOARD
June 18, 1976
ENVIRONMENTAL PROTECTION AGENCY,
Complainant,
v.
)
PCB 75—37
JIM
RANKIN,
d/b/a SOUTH SHORE
)
GOLF COURSE,
)
Respondent.
MS. HELGA HUBER, ASSISTANT ATTORNEY GENERAL, appeared on behalf
of Complainant;
MR. DENNIS MAREK, appeared on behalf of Respondent.
OPINION AND ORDER OF THE BOARD (by Mr. Duxnelle):
On January 27, 1975 the Environmental Protection Agency
(Agency) filed the instant Complaint against Mr. James Rankin,
d/b/a South Shore Golf Course located on Route 2, Momence,
Kankakee County, Illinois. The Complaint alleges violation of
Rule 102 of the Board’s Noise Regulations and hence Section 24
of the Environmental Protection Act (Act). A hearing was held
on April 2, 1976 at which a Stipulation and Proposal for
Settlement was presented. This document was signed by the
Agency, Jim Rankin, and James H. Kasler. Mr. Kasler is the
successor in interest to Mr. Rankin and has explicitly submitted
to the Board’s jurisdiction for the purpose of this Settlement
(Stipulation, para. 8).
The Stipulation establishes that the operation of the golf
course’s watering system did result in noise pollution; causing
nearby residents to reduce or curtail outdoor activity, have
their sleep interrupted, and to experience difficulty in listening
to television and radio at normal sound levels (paras.
4
and 5).
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Paragraph 6 of the Stipulation lists actions which were
taken by Mr. Rankin or Mr. Kasler to eliminate this noise. These
actions include installation of an engine muffler and sound-
proof ing the pumphouse structure.
While the Board does find the stated noise emissions to
have constituted “noise pollution” under Rule 102 of the
Noise Regulations and Section 24 of the Act, the problem now
appears to have been corrected. The Board finds no reason to
reject the proposed Settlement in this cause. However, the Board
will make binding Mr. Kasler’s commitment to properly maintain and
repair or replace all the aforementioned noise abatement techniques
described in paragraph 6 of the Stipulation, and to cease and
desist from the violation found in this cause. No monetary penalty
will be imposed.
This opinion constitutes the Board’s findings of fact and
conclusions of law.
ORDER
1. Respondent James Rankin, d/b/a South Shore Golf Course
is hereby found to have violated Rule 102 of the Board’s Noise
Regulations and Section 24 of the Act.
2. Respondent James Rankin and Mr.
James
H. Kasler are
hereby ordered to cease and desist the aforesaid violations.
3. Mr. James Fl. Kasler is hereby ordered to maintain the
noise abatement techniques indicated in paragraph 6 of the Stipulation
so as to prevent the emission of any sound beyond the boundaries
of the South Shore Golf Course which unreasonably interferes
with the enjoyment of life or with any lawful business, or activity.
IT IS SO ORDERED.
I, Christan L. Moffett, Clerk of the Illinois Pollution Control
Boarc~, hereby certify the above Opinion an Order were adopted on the
)~1’~dayof June, 1976 by a vote of
...p
Illinois Pollution Con
Board
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