ILLINOIS POLLUTION CONTROL BOARD
April 17, 2008
DANIEL J. BEERS,
Complainant,
v.
DAVE CALHOUN (LET IT SHINE CAR
WASH),
Respondent.
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PCB 04-204
(Enforcement - Noise)
OPINION AND ORDER OF THE BOARD (by A.S. Moore):
On May 20, 2004, David J. Beers (complainant) filed a complaint against Dave Calhoun
(Let It Shine Car Wash) (respondent). Section 31(d)(1) of the Environmental Protection Act
(Act) allows any person to file a complaint with the Board.
See
415 ILCS 5/31(d)(1) (2006); 35
Ill. Adm. Code 103.204, 103.212(a). In this case, the complainant alleged that the respondent
violated Sections 23 and 24 of the Act (415 ILCS 5/23, 24 (2006)) and Section 900.102 of the
Board’s noise regulations (35 Ill. Adm. Code 900.102). The complainant further alleged that the
respondent violated these provisions by causing or allowing noise pollution from “blow driers”
and “beeper alarms” at the car wash. The complaint concerns respondent’s “Let It Shine Car
Wash” facility at 2115 Cherry Lane, Pekin, Tazewell County.
In an order dated July 22, 2004, the Board found that, because Section 23 of the Act sets
forth the General Assembly’s findings on excessive noise and states the purpose of the Act’s
Title VI on noise, Section 23 cannot be violated. The Board accordingly struck from the
complaint as frivolous the alleged violation of Section 23.
See
35 Ill. Adm. Code 101.202
(defining “frivolous”). In the same order, the Board otherwise accepted the complaint for
hearing.
Under Section 31(d)(2) of the Act,
[w]henever a complaint has been filed by a person other than the Attorney
General or the State’s Attorney, the parties may file with the Board a stipulation
and proposal for settlement accompanied by a request for relief from the hearing
requirement of subdivision (c)(1) of this Section. Unless the Board, in its
discretion, concludes that a hearing should be held, no hearing on the stipulation
and proposal for settlement is required. 415 ILCS 5/31(d)(2) (2006).
On April 11, 2008, the parties filed a stipulation and proposed settlement (Stip.),
accompanied by a motion (Mot.) for relief from the hearing requirement of Section 31(c)(1) of
the Act (415 ILCS 5/31(c)(1) (2006)). This filing is authorized by Section 31(d)(2) of the Act
(415 ILCS 5/31(d)(2) (20006).
See
35 Ill. Adm. Code 103.301(a). The motion states that “[t]he
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parties have reached an agreement on all outstanding issues in this matter” and that they “agree
that a hearing on the Stipulation and Proposal for Settlement is not necessary . . . .” Mot. at 1.
The Board grants the parties’ request for relief from the hearing requirement.
See
415 ILCS
5/31(d)(2) (2000); 35 Ill. Adm. Code 103.301(a).
Section 103.302 of the Board’s procedural rules sets forth the required contents of
stipulations and proposed settlements. 35 Ill. Adm. Code 103.302. These requirements include
stipulating to facts on the nature, extent, and causes of the alleged violations and the nature of
respondent’s operations. Section 103.302 also requires that the parties stipulate to facts called
for by Section 33(c) of the Act (415 ILCS 5/33(c) (2006)). The parties have satisfied Section
103.302. The respondent neither admits nor denies the alleged violations. Under the terms of
the parties’ proposal for settlement, the respondent agrees to perform the following actions to
mitigate noise projected toward complainant’s property:
1.
Respondent will obtain and install blower mufflers from Stenberg
Welding & Fabricating, Inc., 223 N. Omland Ave., Fosston, MN, 56542.
The parties understand that the mufflers are prototypes. They are believed
to he helpful, but performance is not guaranteed or warranted by the
manufacturer.
2.
Respondent will install a 4-foot noise barrier wall as described in Dr. Schomer’s
report. The barrier will be composed of metal and glass.
3.
Respondent will install the noise mitigation measures no later than June 30, 2008.
Stip. at 5-6.
The Board accepts the stipulation and proposed settlement. This opinion constitutes the
Board’s findings of fact and conclusions of law.
ORDER
The Board accepts and incorporates by reference the stipulation and proposed settlement.
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) (2006);
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.
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I, John T. Therriault, Assistant Clerk of the Illinois Pollution Control Board, certify that
the Board adopted the above opinion and order on April 17, 2008, by a vote of 4-0.
___________________________________
John T. Therriault, Assistant Clerk
Illinois Pollution Control Board
