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.

Illinois Environmental News Update

Here's a look at what has been making news in the Illinois environmental community:

(1) Governor Pat Quinn announces 20-year agreements with wind and solar energy vendors to supply Ameren and ComEd with renewable electricity to provide to consumers throughout the state.  http://tinyurl.com/4quhbny

(2) The Illinois EPA refers to the Illinois Attorney General’s office an enforcement action regarding alleged improper removal, handling, and disposal of asbestos-containing material.  http://tinyurl.com/4lw4pj7

(3) The Illinois Department of Natural Resources approves allowing 10 Lake County communities to tap into Lake Michigan water.  http://tinyurl.com/4hsdk7n

(4) The Illinois EPA issues violation notices to a southern Illinois landfill for violations of the Illinois Environmental Protection Act that resulted in strong odors several miles away.  http://tinyurl.com/4cpn6ax

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

Illinois Pollution Control Board Dismisses Case Against Cement Mixing Facility As Frivolous

The Illinois Pollution Control Board recently issued an opinion dismissing as frivolous the case of Gregory v. Regional Ready Mix, LLC, Case No. PCB 10-106, which concerned alleged air and noise emissions from Defendant's cement mixing facility located at 415 River Road, Rochelle, Ogle County, Illinois.

Plaintiff attempted to allege that cement dust and noise from Defendant's facility affected Plaintiff's property and health.  However, the Pollution Control Board found that Plaintiff's complaint was frivolous because it failed to state a cause of action upon which the Board can grant relief:

"The Board once again points out that, for a claim to exist under Section 24 of the Act, Gregory must indicate specific violations of the Board’s regulations or standards, located under Title 35 of the Illinois Administrative Code.  Gregory indicates in her complaint that Regional is causing air (35 ILCS Subtitle B) and noise (35 ILCS Subtitle H) pollution but does not indicate which provisions under these subtitles are being violated.  As noted in the Board’s previous order, a complaint 'shall specify the provision of the Act or the rule or regulation . . . under which such person is said to be in violation . . ..' 415 ILCS 5/31(c) (2008); see also 35 Ill. Adm. Code § 103.204(c)(1).  It is not enough that Gregory cited to entire subtitles under the Act.  Rather, Gregory must indicated specific provisions under these subtitles that have been violated. Gregory has not done so and Regional should not be expected to prepare a defense of these subtitles in their entirety.  Gregory’s only other citation is to Section 23 of the Act (415 ILCS 5/23) which is a legislative declaration and is not properly the subject of an enforcement action (415 ILCS 5/39.2 (2008)).

"The Board again notes that Gregory claims Regional has violated Section 25b-2 of the Act (415 ILCS 5/25b-2 (2008)) but again does not allege any facts related to the alleged violation of this provision.  The Board finds this claim frivolous and not meeting the content requirements of the Board’s procedural rules."

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

Parties Settle Noise Pollution Case Dealing With Auto/Truck Repair Facility

The Illinois Pollution Control Board recently accepted the parties' stipulation and proposed settlement in Morrissey v. Pahios, Case No. PCB 09-10, which concerned the defendants' "auto/truck repair, 24 hour towing service and police impound facility" located at 1320 Ensell Road in Lake Zurich, Lake County, Illinois.  Plaintiffs allege that the defendants violated Illinois environmental laws by causing noise to be emitted from twenty-four hour vehicle towing, truck and auto repair activities, a ventilation system, and diesel engine idling.

Under the terms of the parties’ proposal for settlement, defendants must: "(1) restrict their noise generating operations to the inside of the building with the rear (north) bay doors completely closed when high audible impact wrenches, air hammers or other large noise making tools are used, (2) restrict the loading and unloading of all towed vehicles that are in a drivable condition to an area on the property (south and/or west of the building) where the Alpine Automotive building shields the residential homes from noise; and (3) maintain the wooden fence and barrier surrounding the ventilation/exhaust fan."

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