ILLINOIS POLLUTION CONTROL

October

25,

1990

MICHAEL L. CHRISTIANSON,

Complainant,

v.

)

PCB 90—59

(Enforcement)

THE AMERICAN MILLING CO.,

Respondent.

ORDER OF THE BOARD (by M. Nardulli):

This matter comes before the Board on a motion to exclude

evidence filed on October 9, 1990 by respondent American Milling

Co. (American). No response to this motion has been filed by

complainant Michael L. Christianson (Christianson).

Christianson filed a citizen enforcement action against

American alleging noise pollution in violation of Section 24 of the

Environmental Protection Act (Act) (Ill. Rev. Stat. 1989, ch. ill

1/2, par. 1024) and 35 Ill. Adm. Code 900.102. At the July 27,

1990 hearing Christianson offered into evidence a 40-minute tape

recording of American’s sound emissions (Exhibit 13). The tape was

recorded on a child’s Fisher-Price tape recorder. The hearing

officer admitted the tape over American’s objection.

The Board has previously held that such tapes are not

admissible because such tapes may not accurately reflect the actual

noise levels at relevant locations on complainant’s property.

(Kvatsak v. St. Michael’s Lutheran Church, PCB 89—182 (August 30,

1990); Anino v. Browning-Ferris Industries, PCB 87-139 (August 18

1988).) Accordingly, the Board finds that the tape should not have

been admitted into evidence in this case and, therefore, the

hearing officer’s ruling admitting the tape is reversed. The Board

hereby grants respondent’s motion to exclude Exhibit 13.

IT IS SO ORDERED.

I, Dorothy N. Gunn, Clerk of the Illinois Pollution Control

Board, hereby certify that the above Order was adopted on the ~

day of

_________________

,

1990, by a vote of

___________

Dorothy N~Gunn, Clerk

//L~

Illinois ~o1lution Control Board

115—425