ILLINOIS POLLUTION CONTROL BOARD
    September
    2, 1976
    CERRO
    GORDO
    CO-OPERATIVE
    GRAIN
    CO.,
    )
    )
    Petitioner,
    v.
    )
    PCB 76—111
    )
    ENVIRONMENTAL
    PROTECTION AGENCY,
    )
    Respondent.
    Mr. Garry Davis appeared on behalf of the Petitioner.
    Mr. James N. Bumgarner appeared on behalf of Respondent.
    OPINION
    AND
    ORDER OF THE BOARD
    (by Dr. Satchell):
    This matter comes before the Board on a Petition for
    Variance filed April 23,
    1976 by Cerro Gordo Co-Operative
    Grain Co., an Illinois Corporation, organized under Ch.
    32,
    Sec. 305 et seq., Co—Operative Grain Act, Ill.
    Rev.
    Stat.,
    1975.
    Participating farmers share in the profits by stock
    and patronage refunds and benefit in the close proximity
    of the elevator to the rural communities of Oakley, Macon
    County and Cerro Gordo, Piatt County.
    The elevator
    is
    located in the unincorporated Village of Oakley which has
    about 130 to 135 residents
    (R.
    3).
    Petitioner states that
    its investment including equipment is about $366,000 which
    includes substantial improvements made in 1975 at an approx-
    imate cost of $300,000.
    From September 1, 1975 through
    March 18, 1976 the following number of bushels of grain was
    processed, handled and stored:
    corn
    774,640; soybeans
    177,742; wheat
    -
    14,255;
    and oats
    3,202.
    At May quotes,
    this represents a value of $2,977,415.
    On an annualized
    basis from these figures, the elevator would expect a
    throughput of 1,294,452 bushels
    (Pet.
    4) which compares well
    with the production calculated using Macon County 1975 average
    yields
    (1,350,000 bushels) from the 21,120 acres farmed by the
    Co-Op’s tenants and owners.
    The storage capacity of 298,800
    bushels is from both flat and silo storage.
    The elevator normally operates on a single daytime
    shift; however, during harvest season late hours are worked
    as demanded by the urgency of the farmers’ needs
    (in 1975
    this occurred three to five times) (Pet.
    3).
    23
    379

    —2—
    The elevator is sited adjacent and south of the rail-
    road tracks with residential areas on both the north and
    south sides of the facility.
    Mrs. William Hall, who resides
    just south of the elevator, complained in a letter dated
    June 17,
    1975 that the three elevator legs which rise 90,
    110, and 120 feet above grade level were being constructed
    50 to 60 feet from the Street and that the Street was
    60’
    wide and that the homes are not more than 10’ from the
    streets
    (Agency Rec. Ex.
    5).
    Mr. Yantis testified that
    his bedroom window was
    70’ from the corn dryer
    (R.
    24).
    It
    is assumed that “the dryer”
    is the nearer of the two
    Butler
    (Kan-Sun)
    dryers.
    Petitioner has retained Beling Engineering Consultants
    to advise,
    direct and design efforts to attenuate noise
    levels.
    A sound-barrier wall has been constructed at an
    estimated cost of $11,411.55
    to shield transmission of noise
    from the dryers to residents south of the elevator
    (Pet.
    at
    6 and Ex. G).
    In addition the drawing made by Agency personnel
    in connection with a sound survey shows most aeration fans with
    mufflers
    (Pet. Ex. Fl, F2).
    In spite of the near proximity of
    Petitioner’s facility to residences, except for the grain
    chutes and portable augers Petitioner believes and the Agency
    concurs that they should be within the numerical limits of
    Rule 202 of the Board’s Noise Regulations.
    Petitioner has two portable auger type conveyors which
    are powered by
    (1)
    a gasoline motor and
    (2)
    a tractor.
    The
    augers are normally used inside the flat storage buildings,
    but must be used outside to open up these storage units.
    Total use is stated by Petitioner
    (Pet.
    5,
    6,
    12)
    to be
    about
    9 hours on the exterior and 27 hours in the interior
    of the buildings per year.
    The exterior use would extend
    over about a 3-day period.
    Petitioner states that conversion
    to electrically driven augers would be expensive:
    Initial cost
    Retrofit Cost
    Gasoline motor driven
    $
    8,211.00
    $
    12,430.00*
    Tractor driven
    9,208.50
    18,126.95*
    ~stimates
    not bids
    (Pet.
    Ex.
    J)
    In addition Petitioner understands from their consultants
    that such modifications would create unstable, dangerous units
    that would be difficult to maintain and that such units would
    require additional wiring estimated to cost $9,200
    (Pet.
    Ex. K).
    The Agency knows of no economically reasonable means of reducing
    the emissions except to impose conditions of use and require
    muffling of the gasoline engines
    (for a cost not exceeding
    $200 per muffler) (Agency Rec.
    4).
    ~Rfl

    —3—
    The Agency states that lagging the grain chutes would
    be a suitable solution to the noise violation so caused
    but the postponement of the application until after the
    harvest season is reasonable
    (Agency Rec.
    7).
    The Agency
    does not agree with Petitioner that such attenuation is
    still highly experimental and cites the Mayr Grain facility
    in Beaver
    Darn, Wisconsin where such technique has been used
    for three years with about a 20 dB(A) reduction in noise
    emission
    (Agency Rec. at
    4 and Ex.
    17).
    The Agency recom-
    mends and the Board concurs that Petitioner should not be
    granted the requested variance for three years to permit
    monitoring of Atwood’s
    (PCB 76-62)
    recently installed atten-
    uated chutes.
    The additional cost of re-installing the chutes
    after attenuation is self-imposed; in that, Petitioner should
    have been aware of the necessity for noise abatement in 1975
    when the elevator legs and chutes were first constructed.
    Additionally, Petitioner was aware, at least after September 30,
    1975,
    that the grain chutes were a major contributor to a noise
    violation
    (Pet.
    Ex. F2, F3).
    Petitioner’s estimate of cost of
    $25,338.50 is believed excessive and the Agency estimates that
    $16,000 would be closer
    (Agency Rec.
    at
    4 and Ex.
    17).
    Prior to the hearing held in Decatur, Illinois on July
    17,
    1976,
    the Agency had outlined steps recommended to achieve
    compliance.
    Petitioner has styled this in the record as an
    “Understanding and agreement”
    (R.
    8), “Summary of the settle-
    ment agreement”
    (R.
    43)
    and entered a typed copy entitled
    “Agreement”
    as Petitioner’s exhibit “M”.
    At this time,
    Mr.
    Bumgarner,
    appearing for the Agency,
    properly points out
    “.
    that the agreement reached between the Environmental Protec-
    tion Agency and the Petitioner of course is subject to approval
    by the Board”
    (R. 43).
    The aforementioned Document does con-
    tain a needed change in the Agency’s Recommendation with respect
    to the use of the portable augers.
    The Agency recommends grant-
    ing the Instant Petition under the following conditions:
    (as
    amended above)
    (1)
    that sounds emitted from Petitioner’s facility,
    with the exception of the portable augers and grain chutes,
    shall
    not exceed the numerical limits of Rule 202;
    (2)
    the afore-
    mentioned barrier wall will be completed by July 15,
    1976
    (date
    extended because of material shortages and labor problems):
    (3)
    the portable augers will not be used outside more than
    27 hours per year and only to be used adjacent to the door
    locations in the storage buildings;
    (4) acoustical mufflers to
    be installed to the auger power units by September
    1,
    1976
    and that variance be granted for the augers to April
    1,
    1981;
    (5)
    that variance for grain chuting be granted up to
    July 31,
    1977; and
    (6)
    that Petitioner execute a certificate
    of acceptance and agreement as set forth by the Agency
    (Agency
    Rec.
    8,
    9).
    23
    381

    —4—
    The Agency’s Recommendation references the exterior
    use of the augers to Paragraph
    9 of the Petition which
    states
    in pertinent part
    “.
    .
    .
    Their use to the exterior
    of
    the three respective buildings is minimal to the point
    of an approximate 9 hour operation over a three day period
    on a ~er annum basis to the exterior of the building.”
    In
    addition, the
    “B” part of Paragraph
    8 of the Petition states
    “The Petitioner uses two portable auger type conveyors on
    an infrequent basis
    (an exterior working time of
    9 hours
    per year
    .
    .
    .).“
    (Emphasis added).
    The plain meaning of
    these references
    is that the total time needed for the augers
    to the exterior of the buildings per year is nine hours.
    Since
    there is no plan to bring the augers into compliance,
    the Board
    is compelled to keep their use to a minimum and shall therefore,
    modify the Agency’s Recommendation from 27 hours to
    9 hours
    allowed for exterior use of the augers. Several citizen com-
    plaints
    (Rec.
    Ex.
    4,
    5,
    6,
    7,
    8)
    including a petition signed
    by 25 residents of Oakley were received by the Agency.
    The
    Agency states that the grain chute noise
    is sufficiently
    irksome as to be predictable by ISO standards to bring about,
    even in the daytime,
    a very strong public response in the
    form of vigorous community action.
    The ~
    is calculated at
    71 dB;whereas,
    an
    Ldfl of 55 dB or less is prescribed by the
    U.
    S. EPA for outdoors in residential areas to protect the
    public from adverse effects
    (Rec. at 6 and Ex.
    18).
    During
    the times the grain chutes and portable augers are in opera-
    tion, nearby residents will experience noise interference
    with normal activities both outside and inside their homes
    so that during these periods they will experience irritability
    and anxiety
    (Rec.
    at
    7 and Ex.
    18).
    Approximately nine
    residences will be within this impact zone.
    It is unfortunate to have to ask these residents to bear
    the annoyance through another season, but to do otherwise
    would impose an arbitrary and unreasonable burden on the
    Petitioner.
    In mitigation, the construction of the barrier
    wall and installation of acoustical mufflers should make
    significant contributions to noise abatement compared to
    1975.
    The Board shall grant the requested variance subject
    to all conditions set forth in the Order.
    This Opinion constitutes the Board’s findings of fact
    and conclusions of law.
    23
    382

    —5—
    ORDER
    The Board grants Cerro Gordo Co-Operative Grain Co.
    a variance from Rule 202 of Ch.
    8: Noise Pollution Control
    Regulations for the following components of its Oakley
    facility, the grain chutes up to and including July 31,
    1977,
    and the portable auger-type conveyors
    (2) up to and
    including April
    1, 1981--all upon the following conditions:
    (A) That except for sounds emitted by said grain chutes
    and said portable augers, sound emitted by Peti-
    tioner shall at no time exceed the numerical limits
    of Rule 202.
    (B) That Petitioner shall accomplish,
    not later than
    August
    1,
    1976, the installation of the sound
    barrier described in Paragraph
    6 of the Petition.
    (C) That Petitioner shall restrict the outside use of
    the portable augers to the nine hours per year as
    outlined in Paragraph
    9 of the Petition and shall
    limit said outside operations
    to the sides of the
    storage facilities having doors.
    (D) That Petitioner shall, on or before September 15,
    1976, install on the gasoline engine driven portable
    augers, acoustical mufflers, equal
    to or better
    than those described in Exhibit 17 of the Agency’s
    Recommendation.
    (E) That Petitioner shall execute and forward to the
    Environmental Protection Agency, Division of Noise
    Pollution Control, Enforcement Section, 2200 Churchill
    Road,
    Springfield, Illinois 62706,
    and to the Pollution
    Control Board within twenty-eight days after the date
    of the Board Order herein a Certificate of Acceptance
    and Agreement to be bound to all the terms and con-
    ditions of the Variance, the form of said Certificate
    to be as follows:
    23
    383

    —6—
    CERTIFICATION
    CERRO
    GORDO
    CO-OPERATIVE GRAIN CO., an Illinois
    corporation,
    is aware of and understands the
    Order of the Illinois Pollution Control Board
    in
    PCB 76-111 and hereby accepts said Order and agrees
    to be bound by all of the terms and conditions
    thereof.
    CERRO
    GORDO CO-OPERATIVE GRAIN CO.
    By _________________________________
    Title or Company Position
    IT
    IS SO
    ORDERED.
    I, Christan
    L. Moffett, Clerk of the Illinois Pollution
    Control Board, hereby cert~fythe above 0 inon and Order
    were adopted on the
    G2,s~~
    day of
    ________________,
    1976
    by a vote of
    ___________
    ~EHsa~L.
    Moff
    eI~7~Ik~
    Illinois Pollution Control Board

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