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- STATE OF ILLINOIS NOISE POLLUTION CONTROL REGULATIONS TRIAL
- STATE OF ILLINOIS NOISE POLLUTION CONTROL REGULATIONS LICENSE
2d 537, 539-40, which considered the effect of this provision, we noted that "he terms of this grant are broad and imprecise and were purposely left without definition.
STATE OF ILLINOIS NOISE POLLUTION CONTROL REGULATIONS LICENSE
That section provides, in pertinent part: "(a) * * * Except as limited by this Section, a home rule unit may exercise any power and perform any function pertaining to its government and affairs including, but not limited to, the power to regulate for the protection of the public health, safety, morals and welfare to license to tax and to incur debt." (Emphasis added.)
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Prior to a consideration of this issue, however, we must determine, although the parties have not specifically raised this question, whether the regulation of noise pollution falls within the grant of home rule powers contained in section 6(a) of article VII of the 1970 Constitution. Accordingly, it argues, Des Plaines has no authority to enact a noise control ordinance. North Western maintains that environmental regulation of noise pollution has been preempted by the State under the noise regulations adopted by the Pollution Control Board. It was during this grace period that the violations of the Des Plaines noise ordinance by North Western occurred. The regulations, however, provided a minimum 12-month grace period for existing noise emission sources to effect compliance with the new standards. Pursuant to this authority, the Board adopted such regulations on July 26, 1973, which included limits on noise emissions from *4 railroad yards. 1025) that the Illinois Pollution Control Board may adopt regulations prescribing limitations on noise emissions. 1001 et seq.), effective July 1, 1970, provided in section 25 (ch.
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At trial, North Western was found guilty of 18 of the 27 charges. The alleged violations were based upon the noise resulting from the preparation of the four diesel locomotives prior to their morning departure. On March 11, 1974, it served complaints on North Western charging 27 violations of its ordinance during the month of November, 1973. Depending upon weather conditions, the diesel locomotives are either run at idle overnight or are started in the morning prior to their departure.ĭes Plaines, a home rule municipality, enacted a noise control ordinance, effective October 16, 1972. The initial and final stop of each train is the City of Des Plaines. The locomotives and cars are used each weekday morning to form four commuter trains, which leave the yard beginning at 6:40 a.m. One of these yards is located in Des Plaines, where four locomotives and 19 or 20 passenger cars are stored overnight during the week. In connection therewith, it maintains a fleet of diesel locomotives and passenger cars in various rail yards throughout the area of its service. North Western operates a suburban commuter service in the Chicago area. 1025) preempted Des Plaines from enforcing its ordinance. 3d 944.) We granted North Western leave to appeal, in which it primarily contends that the Illinois Noise Pollution Control Regulations adopted by the Illinois Pollution Control Board under authority of the Environmental Protection Act (Ill. Chicago and North Western Railway Co., 30 Ill. On appeal, the appellate court affirmed *3 the judgment.
STATE OF ILLINOIS NOISE POLLUTION CONTROL REGULATIONS TRIAL
JUSTICE KLUCZYNSKI delivered the opinion of the court:įollowing a bench trial in the circuit court of Cook County, defendant, Chicago and North Western Railway Company (hereinafter North Western), was found guilty of 18 violations of plaintiff's, the City of Des Plaines, "Control of Unwanted Noises" ordinance. Greenland, of Chicago, for appellant.ĭi Leonardi & O'Brien, Ltd., of Des Plaines (Robert J. 2d 1(1976) 357 N.E.2d 433 THE CITY OF DES PLAINES, Appellee,ĬHICAGO AND NORTH WESTERN RAILWAY COMPANY, Appellant.