The owner of a multi-million dollar car parking facility received a City violation which threatened to shut down operations. Specifically, the violation alleged that the noise from the parking lifts were in excess of the sound levels permitted by regulation. ALBPC was retained and Pete Reid was assigned to the case.
In preparation for the hearing, ALBPC 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.
Pete Reid 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. Pete Reid 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 the rebuttal of evidence. The ECB therefore concluded that 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.
