TITLE 35: ENVIRONMENTAL PROTECTION

SUBTITLE H: NOISE

CHAPTER I: POLLUTION CONTROL BOARD

 

PART 900

GENERAL PROVISIONS

 

Section

900.101

Definitions

900.102

Prohibition of Noise Pollution

900.103

Measurement Procedures

900.104

Burden of Persuasion Regarding Exceptions

900.105

Severability

 

 

Appendix A

Old Rule Numbers Referenced

 

 

AUTHORITY: Implementing Section 25 and authorized by Section 27 of the Environmental Protection Act (Ill. Rev. Stat. 1985, ch. 111 1/2, pars. 1025 and 1027).

 

SOURCE: Originally filed as Part 1 of Chapter 8: Noise Pollution, effective August 10, 1973; amended at 2 Ill. Reg. 27, p. 223, effective June 26, 1978; amended at 5 Ill. Reg. 6371, effective June 1, 1981; amended at 5 Ill. Reg. 8533, effective August 10, 1981; amended at 6 Ill. Reg. 10960, effective September 1, 1982; codified at 7 Ill. Reg. 13579; amended in R83-7 at 11 Ill. Reg. 3121, effective January 28, 1987.

 

Section 900.101 Definitions

 

Except as hereinafter stated and unless a different meaning of a term is clear from its context, the definitions of terms used in this Chapter shall be the same as those used in the Environmental Protection Act. All definitions of acoustical terminology shall be in conformance with those contained in American National Standards Institute (ANSI) 1.1 - 1960 "Acoustical Terminology." As used in 35 Ill. Adm. Code 900 through 905, the following terms mean:

 

A-Weighted Sound Level: dB(A), in decibels, a frequency weighted sound pressure level, determined by the use of the metering characteristics and A-weighted network specified in ANSI .4-1971 (R. 1976) "Specification for Sound Level Meters" and the latest revisions thereof.

 

AHRA: American Hot Rod Association or its successor body.

 

ANSI: American National Standards Institute or its successor bodies.

 

Antique vehicle: a motor vehicle that is more than 25 years of age or a bona fide replica thereof and which is driven on the highways only going to and returning from an antique auto show or an exhibition, or for servicing or demonstration, or a fire-fighting vehicle more than 20 years old which is not used as fire-fighting equipment but is used only for the purpose of exhibition or demonstration.

 

Background Sound Level: the A-weighted sound level, measured in accordance with the procedures specified in Section 900.103, which is exceeded 90 percent of the time during the period of observation, during which sounds from motor racing facilities are inaudible. The period of observation need not necessarily be contiguous; however, the period of observation must be at least of 10 minutes duration.

 

Bus: every motor vehicle designed for carrying more than 10 passengers and used for the transportation of persons; and every motor vehicle, other than a taxicab, designed and used for the transportation of persons for compensation.

 

C-weighted Sound Level: in decibels, a frequency weighted sound pressure level, determined by the use of the metering characteristics and C-weighted network specified in ANSI document 1.4-1971 (R. 1976) "Specification for Sound Level Meters."

 

"Construction: on-site erection, fabrication, installation, alteration, demolition or removal of any structure, facility, or addition thereto, including all related activities including, but not restricted to, clearing of land, earth-moving, blasting and landscaping.

 

Daytime hours: 7:00 am to 10:00 pm, local time.

 

dB(A): see "A-weighted Sound Level."
Dealer: every person engaged in the business of selling vehicles to persons who purchase such vehicles for purposes other than resale, and who has an established place of business for such activity in this state.

 

Decibel (dB): a unit of measure, on a logarithmic scale to the base 10, of the ratio of the magnitude of a particular sound pressure to a standard reference pressure, which, for purposes of this Chapter, shall be 20 micronewtons per square meter (uN/m2).

 

Drag racing: any acceleration contest between two racing vehicles racing from a standing start over a precisely measured, straight line course.

 

Drag racing facility: any motor racing facility upon which is conducted drag racing.

 

Drag racing vehicle: any racing vehicle which is participating in a drag race at a drag racing facility.

 

Exhaust system: the system comprised of a combination of components which provides for the enclosed flow of exhaust gas from engine parts to the atmosphere.

 

Existing motor racing facility: any motor racing facility, the construction of which commenced prior to August 10, 1973.

 

Existing property-line- noise-source: any property-line-noise-source, the construction or establishment of which commenced prior to August 10, 1973. For the purposes of this sub-section, any property-line-noise-source whose A, B or C land use classification changes, on or after August 10, 1973, shall not be considered an existing property-line-noise-source.

 

Farm tractor: every motor vehicle designed and used primarily as a farm implement for drawing wagons, plows, mowing machines and other implements of husbandry, and every implement of husbandry which is self-propelled.

 

Fast Dynamic Characteristic: the dynamic characteristic specified as fast in ANSI 1.4-1971 (R. 1976) "Specification for Sound Level Meters" and the latest revision thereof.

 

Fast meter response: as specified in ANSI 1.4-1971, or subsequent revisions.

 

Gross Vehicle Weight (GVW): the maximum loaded weight for which a motor vehicle is registered or, for vehicles not so registered, the value specified by the manufacturer as the loaded weight of the vehicle.

 

Highway: the entire width between the boundary lines of every way publicly maintained when any part thereof is open to the use of the public for purposes of vehicular travel.

 

Impulsive sound: either a single pressure peak or a single burst (multiple pressure peaks) for a duration usually less than one second. Examples of impulsive sound sources are a drop forge hammer and explosive blasting.

 

IHRA: International Hot Rod Association or its successor body.

 

Leq: equivalent continuous sound pressure level in decibels: ten times the logarithm to the base ten of the ratio of a time-mean-square sound pressure to the square of reference sound pressure. The reference pressure is 20 micronewtons per square meter.

 

Midget racing vehicle: a front engine, single seat, openwheel racing car smaller and of lesser engine displacement then standard cars of the type.

 

Motor racing facility: any facility or course upon which is conducted motor racing activities or events.

 

Motor driven cycle: every motorcycle, motor scooter, or bicycle with motor attached, with less than 150 cubic centimeter piston displacement.

 

Motor vehicle: every vehicle which is self-propelled and any combination of vehicles which are propelled or drawn by a vehicle which is self-propelled.

 

Motorcycle: every motor vehicle having a seat or saddle for the use of the rider and designed to travel on not more than 3 wheels in contact with the ground, but excluding a tractor.

 

Motorcycle racing: any racing event between two or more motorcycles.

 

Motorcycle racing facility: any motor racing facility upon which is conducted motorcycle racing, except oval racing facilities or drag racing facilities.

 

Muffler: a device for abating the sounds of escaping gases of an internal combustion engine.

 

NHRA: National Hot Rod Association or its successor body.

 

New motor racing facility: any motor racing facility, the construction of which commenced on or after August 10, 1973.

 

New snowmobile: a snowmobile, the equitable or legal title to which has never passed to a person who purchases it for purposes other than resale.

 

Nighttime hours: 20:00 pm to 7:00 am, local time.

 

Noise pollution: the emission of sound that unreasonably interferes with the enjoyment of life or with any lawful business or activity.

 

Octave band sound pressure level: the sound pressure level for the sound being measured contained within the specified octave band. The reference pressure is 20 micronewtons per square meter.

 

Oval racing: any contest between two or more racing vehicles on a closed or oval racing surface.

 

Oval racing facility: any motor racing facility, upon which is conducted oval racing.

 

Oval racing vehicle: any racing vehicle which is participating in an oval race at an oval racing facility.

 

Passenger car: a motor vehicle designed for the carrying of not more than ten persons, including a multi-purpose passenger vehicle, except any motor vehicle of the second division as defined in Ill. Rev. Stat. 1981, ch. 95-1/2, par. 1-146, and except any motorcycle or motor driven cycle. t+1

 

Person: any individual, corporation, partnership, firm, association, trust, estate, public or private institution, group, agency, political subdivision of this State, any other State or political subdivision or agency thereof or any legal successor, representative, agent or agency of the foregoing.

 

Preferred frequencies: those frequencies in Hertz preferred for acoustical measurements which, for the purposes of this Chapter, consist of the following set of values: 20, 25, 31.5, 40, 50, 63, 80, 100, 125, 160, 200, 250, 315, 400, 500, 630, 800, 1000, 1250, 1600, 2000, 2500, 3150, 4000, 5000, 6300, 8000, 10,000, 12,500.

 

Prominent discrete tone: sound, having a one-third octave band sound pressure level which, when measured in a one-third octave band at the preferred frequencies, exceeds the arithmetic average of the sound pressure levels of the two adjacent one-third octave bands on either side of such one-third octave band by:

 

5 dB for such one-third octave band with a center frequency from 500 Hertz to 10,000 Hertz, inclusive. Provided: such one-third octave band sound pressure level exceeds the sound pressure level of each adjacent one-third octave band, or;

 

8 dB for such one-third octave band with a center frequency from 160 Hertz to 400 Hertz, inclusive. Provided: such one-third octave band sound pressure level exceeds the sound pressure level of each adjacent one-third octave band, or;

 

15 dB for such one-third octave band with a center frequency from 25 Hertz to 125 Hertz, inclusive. Provided: such one-third octave band sound pressure level exceeds the sound pressure level of each adjacent one-third octave band.

 

Property-line-noise-source: any equipment or facility, or combination thereof, which operates within any land used as specified by 35 Ill. Adm. Code 901.101. Such equipment or facility, or combination thereof, must be capable of emitting sound beyond the property line of the land on which operated.

 

Racing vehicle: every self-propelled device, in, upon or by which any person may be transported and which is participating in a motor racing activity or event at a motor racing facility.

 

Registered: a vehicle is registered when a current registration certificate or certificates and registration plates have been issued for it under the laws of any state pertaining to the registration of vehicles.

 

Residential dwelling unit: all land used as specified by Standard Land Use Coding Manual (SLUCM) Codes 110 through 190 and those portions of land used as specified by SLUCM Code 6741 used for sleeping.

 

SAE: Society of Automotive Engineers.

 

Slow Dynamic Characteristic: the dynamic characteristic specified as "Slow" in ANSI document 1.4-1971 (R. 1976) "Specification for Sound Level Meters."

 

SLUCM: the Standard Land Use Coding Manual (1969, United States Government Printing Office) which designates land activities by means of numerical codes.

 

Snowmobile: a self-propelled device designed for travel on snow or ice or natural terrain steered by skis or runners, and supported in part by skis, belts, or cleats.

 

Sound: an oscillation in pressure in air.

 

Sound level: in decibels, a weighted sound pressure level, determined by the use of metering characteristics and frequency weightings specified in ANSI 1.4-1971 "Specification for Sound Level Meters."

 

Sound pressure level: in decibels, 20 times the logarithm to the base 10 of the ratio of the magnitude of a particular sound pressure to the standard reference pressure. The standard reference pressure is 20 micronewtons per square meter.

 

Special mobile equipment: every vehicle not designed or used primarily for the transportation of persons or property and only incidentally operated or moved over a highway, including but not limited to: ditch digging apparatus, well-boring apparatus and road construction and maintenance machinery such as asphalt spreaders, bituminous mixers, bucket loaders, tractors other than truck tractors, levelling graders, finishing machines, motor graders, road rollers, scarifiers, earth-moving carryalls and scrapers, power shovels and drag lines, and self-propelled cranes and other earth-moving equipment.

 

Special-motor-racing-event: any motor racing event held on two consecutive days or less in which a substantial number of out-of-state motor racing vehicles are competing and which has been designated as such a special-motor-racing-event by the owner or operator of the motor racing facility.

 

Sports car: any automobile which meets the requirements and specifications of the General Competition Rules of the Sports Car Club of America, or its successor body, or any other sports car organization.

 

Sports car racing: any competitive event involving one or more sports cars.

 

Sports car racing facility: any motor racing facility upon which is conducted sports car racing.

 

Sports car racing vehicles: any racing vehicle which is participating in a sports car race at a sports car racing facility.

 

Sprint racing vehicle: a front-engined open wheel racing car used especially on short dirt tracks.

 

Supercharged racing vehicle: a racing vehicle equipped with a blower or compressor for increasing the volume air charge of an internal combustion engine over that which would be drawn in through the pumping action of the pistons.

 

Tactical military vehicle: every vehicle operated by any federal or state military organization and designed for use in field operations, but not including vehicles such as staff cars and personnel carriers designed primarily for normal highway use.

 

Unregulated safety relief valve: a safety relief valve used and designed to be actuated by high pressure in the pipe or vessel to which it is connected and which is used and designed to prevent explosion or other hazardous reaction from pressure buildup, rather than being used and designed as a process pressure blowdown.

 

Used motor vehicle: a motor vehicle that is not a new motor vehicle.

 

Vehicle: every device in, upon, or by which any person or property is or may be transported or drawn upon a highway.

 

Weekday: any day which occurs during the period of time commencing at 10:00 p.m. Sunday and ending at 10:00 p.m. Friday during any particular week.

 

Weekend day: any day which occurs during the period of time commencing at 10:00 p.m. Friday and ending at 10:00 p.m. Sunday during any particular week.

 

Well-maintained muffler: any muffler which is free from defects which affect its sound reduction. Such muffler shall be free of visible defects such as holes and other acoustical leaks.

 

 

(Source: Amended at 6 Ill. Reg. 10960, effective September 1, 1982)

 

Section 900.102 Prohibition of Noise Pollution

 

No person shall cause or allow the emission of sound beyond the boundaries of his property, as property is defined in Section 25 of the Illinois Environmental Protection Act, so as to cause noise pollution in Illinois, or so as to violate any provision of this Chapter.

 

Section 900.103 Measurement Procedures

 

a) Procedures Applicable to all of 35 Ill. Adm. Code: Subtitle H, Chapter I

 

The Agency may adopt procedures which set forth criteria for the measurement of sound. Such procedures shall be in substantial conformity with standards and recommended practices established by the American National Standards Institute, Inc. (ANSI) or the Society of Automotive Engineers, Inc. (SAE), and the latest revisions thereof, including ANSI S1.1-1960, ANSI 1.8-1969, ANSI 1.2-1962, and SAE J-184. Such procedures shall be revised from time to time to reflect current engineering judgment and advances in noise measurement techniques. Such procedures, and revisions, thereof, shall not become effective until filed with the Administrative Code Division of the Office of the Secretary of State as required by the Illinois Administrative Procedure Act Ill. Rev. Stat. 1985, ch. 127, par. 1001 et. seq.

 

b) Procedures Applicable only to 35 Ill. Adm. Code 901

 

All measurement and all measurement procedures to determine whether emissions of sound comply with 35 Ill. Adm. Code 901 shall be in substantial conformity with ANSI 1.6-1967, ANSI 1.4-1971 -- Type I Precision, ANSI 1.11-1966, and ANSI 1.13-1971 Field Method, and shall with the exception of measurements to determine whether emissions of sound comply with 35 Ill. Adm. Code 901.109, be based on Leq averaging, as defined in 35 Ill. Adm. Code 900-101, using a reference time of one hour. Al such measurements and measurements procedures shall correct or provide for the correction of such emissions for the presence of ambient noise as defined in ANSI 1.13-1971.

 

c) Procedures Applicable only to 35 Ill. Adm. Code 902

 

1) Measurement procedures to determine whether emissions of sound comply with 35 Ill. Adm. Code 902.120 through 902.123 shall be in substantial conformity with ANSI 1.4-1971 -- Type I Precision or Type II General Purpose, and ANSI 1.13-1971 Field Method, provided that procedures for measurement under 35 Ill. Adm. Code 902.123 shall be in substantial conformity with those established by the U.S. Department of Transportation pursuant to Section 18 of the Federal Noise Control Act of 1972 42 U.S.C. 4901 et seq.

 

2) The Agency may provide for measurement at distances other than the 50 feet specified in 35 Ill. Adm. Code 902.120 through 902.123 provided that correction factors are applied so that the sound levels so determined are substantially equivalent to those measured at 50 feet and the measurement distance does not exceed 100 feet. The correction factors used shall be consistent with California Highway Patrol Sound Measurement Procedures HPH 83.1 (October 1, 1973, as amended November 9, 1975).

 

d) Procedures Applicable only to 35 Ill. Adm. Code 903

 

1) Measurement procedures for 35 Ill. Adm. Code 903 shall be in substantial conformity with ANSI 1.4-1971 Type 1 Precision or Type 2 General Purpose and ANSI 1.13-1971 - Field Method.

 

2) The Agency may provide for measuring sound emission at distances other than 50 feet specified in 35 Ill. Adm. Code 903.162, provided that correction factors are applied so that the sound levels so determined are substantially equivalent to those measured at 50 feet.

 

e) Procedures Applicable only to 35 Ill. Adm. Code 905

 

1) Measurement procedures to determine whether emissions of sound comply with 35 Ill. Adm. Code 905.102(a) and 905.103(a)(1) shall be in substantial conformity with ANSI 1.4-1971 Type 1 Precision or Type 2 General Purpose and SAE Recommended Practice J192a, "Exterior Sound Level for Snowmobiles".

 

2) Measurement procedures to determine whether emissions of sound comply with 35 Ill. Adm. Code 905.102(b) and 905.103(a)(2) shall be in substantial conformity with ANSI 1.4-1971 Type 1 Precision or Type 2 General Purpose and SAE Recommended Practice J1161, "Operational Sound Level Measurement Procedure for Snow Vehicles".

 

3) The Agency may establish criteria for measuring at distances other than the 50 feet specified in 35 Ill. Adm. Code 905.102 and 905.103, provided that correction factors are applied so that the sound levels so determined are substantially equivalent to those measured at 50 feet. In adopting new or revised criteria, the Agency shall comply with the requirements of the Illinois Administrative Procedure Act, Ill. Rev. Stat. 1985, ch. 127, par. 1001 et seq.

 

(Source: Amended at 11 Ill. Reg. 3121, effective January 28, 1987)

 

Section 900.104 Burden of Persuasion Regarding Exceptions

 

In any proceeding pursuant to this Chapter, if an exception stated in this Chapter would limit an obligation, limit a liability, or eliminate either an obligation or a liability, the person who would benefit from the application of the exception shall have the burden of persuasion that the exception applies and that the terms of the exception have been met. The Agency shall cooperate with and assist persons in determining the application of the provisions of this Chapter.

 

Section 900.105 Severability

 

If any provision of these rules or regulations is adjudged invalid, or if the application thereof to any person or in any circumstances is adjudged invalid, such invalidity shall not affect the validity of this Chapter as a whole or of any part, sub-part, sentence or clause thereof not adjudged invalid.

 

Section 900.APPENDIX A Old Rule Numbers Referenced

 

The following table is provided to aid in referencing old Board rule numbers to section numbers pursuant to codification.

 

Old Part 1 of Chapter 8

35 Ill. Adm. Code Part 900

 

 

Rule 101

Section 900.101

Rule 102

Section 900.102

Rule 103

Section 900.103

Rule 104

Section 900.104

Rule 105

Section 900.105