Illinois Pollution Control Board Dismisses Noise Pollution Case Against ComEd as Frivolous

The Illinois Pollution Control Board recently dismissed Chvalovsky v. Commonwealth Edison, Case No. PCB 10-13, which concerned alleged noise emissions from a transformer behind Plaintiff's house and transmission lines in the vicinity of Church Street and Laramie Avenue in Skokie, Cook County, Illinois. 

The Board held that Plaintiff's complaint failed to address the issue of when the alleged pollution began.  Moreover, Plaintiff's complaint alleges the violation of Section 24 of the Illinois Environmental Protection Act, which reads: "No person shall emit beyond the boundaries of his property any noise that unreasonably interferes with the enjoyment of life or with any lawful business or activity, so as to violate any regulation or standard adopted by the Board under this Act."  The Board found that Section 24 is not a stand-alone provision, although a violation of certain Board noise regulations could result in a violation of Section 24.  The Board held that Plaintiff's complaint does not allege the violation of any Board noise regulation or standard:

The complaint "does mention decibel level readings, but without any citation to the Board’s noise rules (numeric or nuisance), respondents cannot reasonably be expected to prepare a defense.  Because [Plaintiff] has not properly pled a violation of the Act or any Board noise regulation or standard, the Board finds that the complaint, as amended, still 'fails to state a cause of action upon which the Board can grant relief' and remains, by definition, 'frivolous.'  Accordingly, the Board cannot accept this matter for hearing."

Stay tuned to the Illinois Environmental Law Blog for more news and developments.