The Board finds that Mr. [A] has established that the noise from the I-355 extension constitutes a substantial interference with his enjoyment of life. However, he has not established that the interference is unreasonable under all of the facts and circumstances of this case. The record demonstrates that ISTHA has met with Mr. [A] and his neighbors at various times during the planning and construction phase of the I-355 extension, has made responsive changes in noise abatement strategies, and has spent about $1.3 million to mitigate noise impacts on just over 20 properties, including Mr. [A]’s. Finding that no unreasonable noise nuisance has been proven, the Board dismisses this action.
... The term “noise pollution” is defined in 35 Ill. Adm. Code 900.101 as “the emission of sound that unreasonably interferes with the enjoyment of life or with any lawful business or activity.”
...
In making its orders and determinations, the Board shall take into consideration all the facts and circumstances bearing upon the reasonableness of the emissions, discharges or deposits involved including, but not limited to:
- the character and degree of injury to, or interference with
the protection of the health, general welfare and physical property of the people;
- the social and economic value of the pollution source;
- the suitability or unsuitability of the pollution source to the area in which it is located, including the question of priority of location in the area involved;
- the technical practicability and economic reasonableness of reducing or eliminating the emissions, discharges or deposits resulting from such pollution source; and
- any subsequent compliance.
... the Board finds that the noise emitting from the I-355 extension has caused interference with Mr. [A]’s enjoyment of life at his property.
... The Board finds that this level of interference goes “beyond minor or trifling annoyance or discomfort” and, therefore, [the factor of the character and degree of interference] favors a finding that the interference is unreasonable.
... When taking the positions of both parties into account, the Board finds that [the factor of the social and economic value of the noise source] does not support a finding that the noise generated by the I-355 bridge extension is unreasonable.
... the Board finds that [the factor of the suitability of the source to the area] weighs against a finding that the interference is unreasonable.
... Given the lack of evidence that a higher wall would alleviate the noise level, coupled with ISTHA’s position that the further expansion of a wall is not possible (and no evidence was presented stating otherwise), [the factor of the technical practicability and economic reasonableness] favors a finding that the interference is not unreasonable.
... Taking into account the considerable improvements performed by ISTHA to this point, [the factor of subsequent compliance] favors a finding that the interference is not unreasonable.
...
Conclusion
The Board finds that the noise emanating from the I-355 extension constitutes a substantial interference with Mr. [A]’s enjoyment of his property. However, after evaluating the Section 33(c) factors, the Board finds that the noise interference is not unreasonable under 35 Ill. Adm. Code 900.102.