Tel. (815)436-4555 and (630)759-4096 Fax. (630)904-1436
1. R~O9:omment and Request for Hearing on Propos~d Rule Changes

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092003

B0UGHTON

Po!~t;o~

CO~/

Board

TRUCKING

MA TERIALS,

Inc~

11746

S. Naperville-Plainfield

Road, Plainfield,

60544

Tel. (815)436-4555

and (630)759-4096

Fax. (630)904-1436

Dorothy Gunn, Clerk

Illinois Pollution Control Board

100W.

Randolph, Suite 11-500

Chicago, IL

60601

September 4

2003

R~O9:omment

and

Request for Hearing

on Propos~d

Rule Changes

Dear Ms.

Gunn:

I am writing to request that a hearing be held to review the proposed rule changes in

Docket R03-09.

This rule makes substantial changes to

existing law that have not been adequately

reviewed by the affected industry.

We share the concern raised by the Illinois Association ofAggregate Producers

(LAAP)

that this proposal would eliminate the requirement that sound pressure be measured by

trained persons using accepted and uniform measurement techniques when used in the

context ofalleged noise nuisance cases.

As currently drafted, this rule proposes a

technically unsound approach and its

costs and implications have not been adequately

considered in this proceeding.

We request that the Board either accept the changes proposedby the IAAP or reopen this

matter for technical and

economic hearings and comment.

Sincerely,

Frank Maly

Corporate Secretary