ILLINOIS POLLUTION CONTROL BOARD

October

31r

1972

IN

MATTER

OF

PROPOSED NOISE REGULATIONS

)

#R72-16

FOR TOYS

OPINION AND ORDER OF

THE

BOARD

(BY SAMUEL

T,

LAWTON,

JR.)

Petition bearing in excess

of

200

signatures

was

received

from

C.

A.

N. Citizens Against Noise,

proposing adoption of a regula-

tion,

providing as follows:

uNo

toy may produce noise on a continuous basis

exceeding 85 decibels on the A scale, slow mode of

operation,

as measured one foot from said toy;

no

form of toy gun,

rifle or other such device produce

noise on an impulse or explosive basis

exceeding 100

decibels as measured on the A scale, fast mode of opera-

tion as measured one foot distance from said toy or

other explosive device.”

The relevant sectionsof the Environmental Protection Act

relating

to the Board~sjurisdiction with respect to the adoption

of Noise Regulations,

provide as follows:

“Section 23

The General Assembly finds

that excessive noise

endangers physical and emotional health and well-

being, interferes with legitimate business and

recreational

activities,

increases

construction

costs,

depresses

property

values,

offends

the

senses,

creates

public

nuisances,

and

in

other respects re-

duces the quality of our environment.

It

is the purpose of this Title to prevent noise

which creates a public nuisance.

Section

24

No person shall emit beyond the boundaries of his

property any noise that unreasonably interferes with

the enjoyment of life or with any lawful business or

activity,

so as to violate any regulation or standard

adopted by the Board under this Act.

6—

131

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Section

25

The Board,

pursuant to the procedures prescribed in

Title VII of this Act, may adopt regulations prescribing

limitations on noise emissions beyond the boundaries of

the property of any person and prescribing requirements

and standards

for equipment and procedures for monitoring

noise and the collection, reporting and retention of data

resulting from such monitoring.”

It will be seen from the above-quoted statutory provisions

that

the

Board’s

jurisdiction

for

the

adoption

of

regulations

in

this

field relates to noise emitted beyond

the boundaries

of

the property on which the

noise

has

been

generated

and

is

concerned

with the environmental impact inherent in such noise generation.

The proposed regulation is essentially one in the category of

consumer protection and does not fall within the area of control

envisioned by the Legislature for which

the Board

is authorized

to enact regulations.

We make no determination

as to the need or value of such

regulation but hold that it

is not within our legal province

to consider it.

Accordingly, the petition proposing adoption

of the above regulation is hereby dismissed.

IT IS SO

ORDERED.

I,

Christan Moffett, Clerk of the Illinois Pollution Control

Board, certify that the above Opinion and Order was adopted on

the

j~

#day of

~

,

1972, by

a vote of

~

to

:~

~

/

7!

—2—

6

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