ILLINOIS POLLUTION CONTROL BOARD
November 20, 2003
STEPHEN G. BRILL,
Complainant,
v.
HENRY LATORIA, individually and doing
business as T.L. TRUCKING FOODLINER,
Respondent.
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PCB 00-219
(Citizens Enforcement - Noise)
SUPPLEMENTAL OPINION AND ORDER OF THE BOARD (by N.J. Melas):
On November 3, 2003, respondents filed a motion to extend the deadline to comply with
the Board’s August 7, 2003 opinion and order in this matter. Today’s order grants the
respondents’ motion and allows the respondents until December 12, 2003, to comply with
paragraph 4(a) of the Board’s final opinion and order.
Stephen G. Brill brought this citizen’s noise enforcement action against Henry Latoria,
individually and doing business as T.L. Trucking Foodliner (TL Trucking). TL Trucking is a
truck washing facility located at 9200 King Street in Franklin Park, Cook County.
On June 6, 2002, the Board issued an interim opinion and order (Int. Op.) finding that TL
Trucking caused nuisance noise and air pollution by emitting dust and diesel exhaust fumes in
violation of Sections 9(a) and 24 of the Environmental Protection Act (Act) (415 ILCS 5/9(a)
and 24 (2002)), and the Board’s nuisance noise regulations (35 Ill. Adm. Code 900.102). On
August 7, 2003, the Board ordered TL Trucking to make physical changes to its wash bays and
implement operational changes at the TL Trucking facility as detailed in the final opinion and
order. On November 3, 2003, TL Trucking filed a motion for extension of time to comply with
the Board’s August 7, 2003 opinion and order. To date Mr. Brill has not responded to the
motion.
TL Trucking states it has completed all of the ordered remedies save one. TL Trucking
asserts it has not yet installed an interlock on all washing and drying equipment to prevent the
equipment from operating while doors are open in accordance with paragraph 4(a) of the Board’s
final opinion and order. TL Trucking states it has hired an expert, Patrick Lynch of Applied
Mechanical Technology, LLC, to install the interlock device. TL Trucking attached a letter from
Mr. Lynch to the motion for extension of time stating that Applied Mechanical Technology, LLC
could install and test the interlock device by December 12, 2003. TL Trucking requests until
December 12, 2003, to complete installation of the interlock door system.
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TL Trucking has hired an expert to install the interlock device. TL Trucking’s expert
asserts that delays due to ordering parts, installation, and testing will require until December 12,
2003. The Board grants TL Trucking’s motion for extension of time.
For the parties’ convenience, the Board sets forth the final order and opinion, as amended
today, in its entirety. This supplemental opinion constitutes the Board’s supplemental findings
of fact and conclusions of law.
ORDER
1.
The Board incorporates its June 6, 2002 interim opinion and order in this
proceeding, as if fully set forth. That order finds that Henry Latoria, individually
and doing business as T.L. Trucking Foodliner (TL Trucking), caused nuisance
noise and air pollution in violation of 415 ILCS 5/9(a) and 24 (2002) and 35 Ill.
Adm. Code 900.102.
2.
TL Trucking must cease and desist from any further violations of 415 ILCS 5/9(a)
and 24 (2002) and 35 Ill. Adm. Code 900.102.
3.
This order applies to the TL Trucking facility located at 9200 King Street in
Franklin Park, Cook County.
4.
TL Trucking must make the following physical modifications to its wash bays
within 90 days of receipt of the Board’s August 7, 2003 order:
a.
Install a masonry wall between bays 2 and 3;
b.
Install an exhaust fan system in each bay, mounting the inlet and exhaust
on the vertical wall facing south; and
c.
Relocate dryer pumps further inside wash bays between wash bays 2 and
3.
5.
By December 12, 2003, TL Trucking must install an interlock on all washing and
drying equipment at the facility so the equipment cannot operate while the doors
are open.
6.
TL Trucking must implement the following operational changes at the facility
within 40 days of receipt of the Board’s August 7, 2003 order:
a.
Keep bay doors shut during the entire wash process;
b.
Keep bay doors shut whenever hatch bolts hit the trailer body inside wash
bays;
c.
Remove any ice buildup at the base of the overhead wash bay doors
during cold weather;
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d.
Enforce the prohibition on horn blowing except during emergency
situations;
e.
Enforce the speed limit of 5 miles per hour on the TL Trucking property;
f.
Enforce the prohibition on idling for more than 15 continuous minutes on
the TL Trucking property; and
g.
Maintain all paved surfaces on the TL Trucking property in good
condition.
IT IS SO ORDERED.
Section 41(a) of the Environmental Protection Act provides that final Board orders may
be appealed directly to the Illinois Appellate Court within 35 days after the Board serves the
order. 415 ILCS 5/41(a) (2002);
see also
35 Ill. Adm. Code 101.300(d)(2), 101.906, 102.706.
Illinois Supreme Court Rule 335 establishes filing requirements that apply when the Illinois
Appellate Court, by statute, directly reviews administrative orders. 172 Ill. 2d R. 335. The
Board’s procedural rules provide that motions for the Board to reconsider or modify its final
orders may be filed with the Board within 35 days after the order is received. 35 Ill. Adm. Code
101.520;
see also
35 Ill. Adm. Code 101.902, 102.700, 102.702.
I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, certify that the Board
adopted the above supplemental opinion and order on November 20, 2003, by a vote of 4-0.
Dorothy M. Gunn, Clerk
Illinois Pollution Control Board
