The start of construction several months ago brought the beginning of 10 to15 years of increased noise to our neighborhood. After receiving several complaints, we researched what options were available to our residents. The first thing we did was measure the sound levels at the residential property line on the north side of the 400 E. Randolph property where the noise was the loudest. The main offender was the Lindahl #284 Catepillar earth compactor which appears to be opperating with a very ineffective muffler. A similar-sized Lindahl #266 Volvo earth hauler was relatively not offensive. We measured 96db on the slow C-scale, and 99db on the fast C-scale at approximately 110 feet from the noise source. It was very disturbing to the near-by residents.
We turned to the City of Chicago Environmental Department and their Direct Complaint phone line 312-744-7672. To our amazement, an inspector advised that noise limits of 55db only exist in Chicago during the night hours from 9pm to 8am. There are no CHICAGO ORDINANCE LIMITS during the daytime from 8am to 9pm. We asked by phone and email if there were Ilinois noise limits enforced by the city and we were repeatedly ignored. We were told that an inspector would visit the near-by complaining residential unit and take noise measurements. But he never came after repeated attempts. We finally learned that he did visit the site, but that the measurements would only be available through a Illinois Freedom of Information request.
Because we could get no answers from the Chicago environmental personnel, we contacted the Illinois Pollution Control Board (312-814-3620), the judicial arm of the Illinois Environmental Protection Act. (The Illinois EPA is the enforcement arm.) They advised that Chicago would be the primary agency for noise enforcement within their jurisdiction, and of course, the Illinois limits did apply in Chicago. They directed us to Illinois Title 35, Part 901 (Property line noise sources) . Section 901.102 specified the limits of noise FROM Class B land (Lakeshore East) TO Class A land (our residential units).
Octive Band Center Daytime Night
31.5 72 db 63 db
63 71 61
125 65 55
250 57 47
500 51 40
1000 45 35
2000 39 30
4000 34 25
8000 32 25
Impulsive Sound
Fast Dynamic 50 db 45 db
Characteristic
However, through further study of the very extensive Illinois regulations, we learned that one of the exceptions buried in Section 901.107(d) is: "...shall not apply to sound emitted from equipment being used for construction." The well-connected developers and powerful construction lobby has taken care of themselves. The condominium associations that represent the owners and residents in our buildings would have to hire an attorney to prove the noise is excessive, unnecessary, and fixable, and the levels constitute a NUISANCE to our residential living environment and are harmful to our mental and/or physical health.
Each condominium board must decide what course of action is required to protect the owners and residents they represent. The construction is projected to last for 10 to 15 years. The current major earth moving projects should last for possibly another year. The advisors to this website will help in any way that is desired.
Added September, 2006:
Based on many noise complaints from the 3-day Lollapalooza in Grant Park, our research indicates that "peforming arts" or "yachting club" land use classification is also "B", so these same limits would apply. Daytime is defined as between 7am and 10pm. See Frequently Asked Questions Below....
Added September, 2011: Because it has been expensive to measure the noise in the 9 "Octive Band Centers" as prescribed by Illinois limits, the public has had difficulty "enforcing" the limits. However, basic sound meters measure sound with "A-weighting" characteristics (dbA) that responds primarily to frequencies in the 500 to 10,000 Hz range, which is the area of greatest sensitivity of the human ear. So, for example, a measurement of Lallopalooza noise between 7am and 10pm from the 15th floor balcony of Outer Drive East above 51 dbA (see table at left) would be in violation of Illinois noise limits. A simple 1-page form can initiate a "formal complaint" with the Illinois Pollution Control Board (without the need for a lawyer or sound engineer).
Frequently Asked Questions
How do I file an informal or formal complaint with the Board?
Under the Environmental Protection Act (Act) 415 ILCS 5/1 et seq., any person can file a complaint with the Illinois Pollution Control Board (Board) against an alleged polluter. The Board is Illinois’ environmental court for pollution cases. The Board therefore hears and decides environmental enforcement actions, but does not prosecute them or investigate alleged pollution.
There are two types of complaints that a citizen can file with the Board against an alleged polluter: (1) an informal complaint; and (2) a formal complaint.
An informal complaint is a request by a citizen for the Illinois Environmental Protection Agency (IEPA) to conduct an informal investigation of alleged pollution. The Board forwards the informal complaint to the IEPA.
A formal complaint filed by a citizen (complainant) starts an enforcement action against an alleged polluter (respondent). If the Board accepts the formal complaint for hearing, the complainant has the burden to prove that the respondent committed the alleged violations. Requesting an informal investigation is not a prerequisite to filing a formal complaint.
The explanatory materials provided with the sample complaint forms are for general informational purposes only and do not constitute legal advice or substitute for provisions of any statute, rule, or regulation.
You may want to consult the Act and the Board’s procedural rules. The Board’s environmental regulations on air pollution, land pollution, water pollution, and other types of pollution are found in Title 35 of the Illinois Administrative Code. Additionally, the Clerk’s Office, at the number listed below, can provide you with a copy of specific regulations that might apply to your situation.
How do I file a noise complaint with the Board?
In the past, when the Board received informal complaints alleging noise pollution, the Board forwarded them to the Illinois Environmental Protection Agency (IEPA) to investigate. IEPA, however, no longer has the resources to operate a noise program. Accordingly, IEPA is no longer investigating alleged noise pollution.
The Board notes that anyone can file a formal complaint with the Board, alleging noise violations under the Environmental Protection Act (Act) (415 ILCS 5/1 et seq.) and Board regulations. As with any citizen enforcement action before the Board, you, as the complainant, would have to gather evidence to prove the violations that you allege. You may want to consult the Act, the Board's procedural rules, and Board's noise regulations.
Whether or not you bring a formal enforcement action before the Board, you may wish to hire a noise consultant to assist with your problem.
Finally, as IEPA no longer runs a noise program, it suggests that you also consider reporting your noise concern to the local police or health department. Local authorities may provide you with guidance, or take steps on their own to enforce the State's noise laws. The Board, as the State's environmental court and rulemaking body, has no investigators.
If you have additional questions please call Dorothy M. Gunn at (312) 814-6931.
