ILLINOIS POLLUTION CONTROL BOARD

January 29, 1976

ENVIRONMENTAL PROTECTION AGENCY,

Complainant,

v.

)

PCB 75—188

METANORA INDUSTRIES, INC.,

Respondent.

Mr. Steven Watts, Assistant Attorney General, appeared on behalf

of Complainant.

Mr. William Kelly, Kelly & Baner, appeared on behalf of Respondent.

OPINION AND ORDER OF THE BOARD (by Nr. Goodman):

On May 1, 1975, the Environmental Protection Agency (Agency)

filed a Complaint against Respondent Metamora Industries, Inc.

(Metamora). The Complaint alleges that from August 10, 1974, through

the filing of the Complaint, Metamora operated its industrial facility

in such a manner as to cause emission of excessive sound beyond the

boundaries of its property thereby causing noise pollution, in

violation of Rule 102 of the Noise Pollution Regulations (Chapter

8) and Section 24 of the Environmental Protection Act (Act). Meta-

mora’s facility is located in the Village of Metamora, Woodford

County, Illinois.

Hearings on this matter were held on September 26, 1975, and

December 17, 1975, at the Woodford County Courthouse, Eureka,

Illinois. At the December 17 hearing, a Settlement Agreement repre-

senting the final agreement of the parties was entered into evidence.

The Industrial plant operated by Metamora in the Village of

Metamora is a facility for the manufacture of metal parts and

appliances. At the September 26, 1975, hearing, several homeowners

residing near Netamora’s facility testified that noise from the

facility disturbed them (R 9,30), woke them up at night (R 9,21),

forced them to keep their windows closed during hot summer days

(R 39,40), and caused their house to shake (R 21). Noise surveys

taken by the Agency on August 15, 1974, and October 23, 1974

(Corn. Ex. No. 8 and 9), indicate that impulsive sound emitted from

Metamora’s facility exceeded the allowable db(A) sound level speci-

fied in Rule 206 of the Noise Pollution Regulations. Rule 206 pro-

vides that from any class C property—line-noise-source to any Class

19— 759

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A receiving land, the situation presented here, the allowable

daytime db(A) impulsive sound level is 56. However, the Agency

surveys conducted on Metarnora yielded the following results:

db(A)

db(A) (Impulsive Sound)

August 15, 1974

68 58 61 63 57 55 70 60 53 59

60 63 64 63 55 60 60 55

October 23, 1974 62 70 65 61 62 58 60 58 57 57

59 57 58 57 57 58

The homeowners testified at the hearing, however, that, since

the summer of 1975, the noise emitted from Metamora’s facility has

been greatly reduced CR 17,26,43). Furthermore, in the Settlement

Agreement, the parties stipulate to several steps taken by Metarnora

since January of 1973 to reduce the sound levels emitted from its

facility. These steps include relocating the loading dock, cleaning

room, scrap tubs and paint booth, black topping the parking area,

and other improvements. Two homeowners testified that they are no

longer disturbed by noise from Metamora’s plant (R 18,43).

The Board finds that from August 10, 1974, through the filing

of this Complaint Metamora caused the emission of excessive sound

beyond the boundaries of its industrial plant so as to unreasonably

interfere with the enjoyment of life and lawful activities of

persons residing in close proximity to said plant. Metamora thereby

caused noise pollution in Illinois, in violation of Rule 102 of

Chapter 8 and Section 24 of the Act. The parties have agreed

that, if the Board finds a violation of the Act or Regulations,

Metamora will pay a penalty of $900.00 and will cease and desist

from its violations. The Board accepts the Settlement Agreement

submitted by the parties as an adequate plan of compliance and assesses

the stipulated penalty of $900.00.

This represents the findings of fact and conclusions of law

of the Board in this matter.

ORDER

1. Respondent, Metamora Industries, Inc., is found to have

caused noise pollution, in violation of Rule 102 of Chapter 8 and

Section 24 of the Act.

2. Respondent, Metamora Industries, Inc., shall cease and

desist from said violations.

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3—

3. Respondent, Metamora Industries, Inc., shall, within 30

days, pay a penalty of $900.00 for the violations of Rule 102 of

Chapter B and Section 24 of the Act found herein. Penalty payment

by certified check or money order payable to the State of Illinois

shall be made to: Fiscal Services Division, Illinois Environmental

Protection Agency, 2200 Churchill Road, Springfield 62706.

IT IS SO ORDERED.

I, Christan L. Moffett, Clerk of the Illinois Pollution

Control Board, hereby certify the above Opinion and Order were

adopted on the ~

day of

,

1976 by a

vote of ~

.

Chr~stan L. Moffett, rk

Illinois Pollution C rol Board