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Violations Dismissed as Respondent Did Not Produce Alleged Excessive Noise

The owner of a multimillion-dollar car parking facility hired Adam Leitman Bailey to defend against city violations which threatened to shut down operations. The violation alleged that the noise from the parking lifts were in excess of the sound levels permitted by regulation.

In preparation for the hearing, Adam Leitman Bailey PC commissioned an engineering report which analyzed the applicable law, tested the noise levels, with and without acoustic wraps, and provided information on the cited equipment which explained why its noise production capacity could not violate the regulations.

Adam Leitman Bailey PC also demanded that the inspector be present for the hearings and made additional written demands for documentation and reports from the Department of Environmental Protection (DEP) including calibration documents and instruction manuals. Adam Leitman Bailey, P.C. was successful in obtaining an order from the ECB judge that required DEP to produce these documents within 30 days or the matter would be dismissed.

DEP failed to produce the required documents within 30 days and at the subsequent hearing, the ECB found that the DEP were unable to respond effectively to our rebuttal of evidence. The ECB therefore concluded that the respondent did not produce the alleged excessive noise.

Pete Reid and Colin Kaufman represented the owner in this action in front of the Environmental Control Board.

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