ILLINOIS POLLUTION CONTROL BOARD
January 31, 1974
)
ENVIRONMENTAL
PROTECTION
AGENCY
)
)
)
V.
)
PCB 73-33
)
)
ILLINOIS SLAG
AND
BALLAST
COMPANY
)
)
MR.
RICHARD
W. COSBY, ASSISTANT ATTORNEY GENERAL, appeared
for
the
ENVIRONMENTAL
PROTECTION AGENCY
MR.
HARVEY
J.
BARNETT,
appeared for ILLINOIS SLAG AND BALLAST COMPANY
OPINION AND ORDER OF THE BOARD
(by Mr. Dumelle):
This enforcement case was filed January 26, 1973 against
a slag processing facility owned by Illinois Slag and
Ballast
Company
(ISBC) located at 2817 East 99th Street in Chicago.
The
original complaint alleged the causing, threatening or allowing
of
the emission of odors, odor-producing gases and dust every day
fro* February
3,
1971 to the date of filing so as to violate Section
9(a) of the Environmental Protection Act
(air pollution nuisance
section).
A
stipulation
was
entered
into
in
the
proceeding
and
presented
at
a
public
hearing held in Chicago on May
30,
1973.
No
members
of
the
public
attended.
An
amended complaint was filed at the
hearing
essentially
dropping
the
counts
in
the
original
complaint
pertaining
to
odors
and
odor-producing
gases.
The
stipulation
recites
that
the
slag
processing
plant
has
been in operation at its present location since 1927.•
Slag is a
by-product
of
the
manufacture
of
iron and steel.
The slag in this
plant
comes
from
both Wisconsin Steel Company and Interlake, Inc.
It
is
processed
for
use
as
construction
aggregate,
railroad
ballast,
and
for
raw
material to be used in mineral wool and glass
containers manufacture.
After processing the slag,
ISBC places
it in large stock-piles located at the above address prior to
delivery to customers.
Until the early 1960’s there were scattered
residences in the area of ISBC’s plant, then homes were constructed
directly to the north of ISBC’s facilities on 99th Street.
ISBC’s
plant is quartered to the east by Muskegon Avenue, which is an
unpaved public street of the City of Chicago.
Directly to the
east of Muskegon Avenue is a vacant lot, which while not owned
by the respondent, is owned by Wisconsin Steel Company, who
also owns
the land upon which ISBC’s plant is located (Agency
Exhibit 1, page 2).
11—a
-2-
Voluntary actions stipulated to that were taken prior to
the filing of the complaint to reduce environmental effects were
(a) construction of air tight buildings, now valued at $350,000,
to
nouse the crushing and screening operations,
(b) installation of
convet’or covers to reduce airborne emissions for $12,500.,
(ci water sprays (installation cost $16,500
--
water cost of
$4,8C0 annually),
(d) operation of a truck to water and oil plant
haul
roads at $4,900 annually,
(e) paving of 99th Street and
nilinc and watering of Muskegon Street,
(f) planting of trees and
v’:’...tation,
(g) experimentation with crusting agents and
(Ii)
hirint~
of a f’.all-time engineer since 1968 who investigates
tnvironmental problems among other duties.
in order to avoid protracted litigation, the parties agreed
to
a
submission of the following exhibits:
Agency exhibit
1
lüch consists of seven citizen statements on behalf of the
Lency
and the statement of Cesar Icrzymowski,
an Agency environ-
~~ental
engineer.
Agency
exhibit
2
consists
of
a
memorandum
by
ôennis Belsky, an Agency environmental engineer, and Mike Icovacs,
an
Agency
engineer,
which
incorporates
the
material
or
the
testimony that Mr. Dennis Belsky would testify to.
Agency exhibit
3 consists of a deposition of Mr. Dennis Belsky takea by ISBC
on May 18,
1973.
ISBC exhibits
1,
2,
3, and 4 consist of the
statements of four citizen witnesses on behalf of Illinois Slag
and Ballast.
ISBC exhibit
5 consists of an engineering report
by William J. Hines
entitled, “Air Pollution Studies for Rosenthal
and Schanfield.”
The Agency’s basic position is that the testimony
of
the
citizen witnesses contained in Agency exhibit
1 when coupled with
the statements of Mr.
lcrzymowski in Agency exhibit 1, Mr. Belsky’s
memorandum found in Agency exhibit
2, and Mr. Belsky’s deposition,
EPA exhibit
3, sustain the allegation that ISBC has violated
Section 9(a) of the Act.
ISBC’s argument is that the Agency
has failed to prove a violation and that their exhibits rebut
those of the Agency.
Under
the
stipulation
submitted
by
the
parties,
ISBC
has
agreed
to
continue
the
efforts
outlined
above
to
eliminate
the
possibility
of
particulate
matter
being
emitted
from
its
plant.
This
agreement
which will
be
incorporated
in
the
Board’s
Order
below
according
to
the
Agency will
result
in
a
good
program
which
will
abate
the
problems
that
are
occurring
at
ISBC’s
facility
(R.
6).
11 —70
-3-
Therefore,
the Board
is
faced with the issue of whether
ISBC
has
violated Section 9(a) of the Act and
if
so, whether
a
penalty
is
in order.
The
Board
has decided
ISBC
has violated
Section
9(a)
of
the Environmental
Protection
Act and
has
decided
to access
a $1,000 penalty for the reasons
following.
Citizen statements
showed that the particulate matter or
dust eminated,
at
least in part,
from
ISBC’s stock-piles
of
slag and processing equipment,
Mrs.
Brajkovich stated that:
“Once
a bulldozer got on top of one of the piles
and
the particles were hitting me
in the face
as
I
was
mowing the lawn.
I
saw a shoot dropping the particles
on to
a pile and the shoot was high above
the piles
and
I
saw clouds
of dust blowing
all over.”
Mrs. Bukich stated that:
“I
am
sure the particles
come from the Illinois Slag
and Ballast Company because the particles
are the same
gray-white color and they are sandy.
The particles
come very heavy when the wind
is from the south,
The
problem got worse about
a year ago when they started
to pile them very high along 99th Street.”
Mr.
Kozcielski stated that:
“When they
are working with the bulldozer you can see
the dust blowing
from the Illinois Slag and Ballast
piles
and it
is more visible when the wind blows hardest..,
they start piling along
99th Street and
I notice more
dust.
Mrs. Bruzdzinski stated that:
“The semi-trucks stir up clouds of dust from the prairie
at Illinois Slag and Ballast,
The prairie
is owned by
Wisconsin Steel.
I have seen dust clouds coming from
beneath the roof of the old tall building at Illinois Slag
and Ballast,
They are gray-white dust clouds.... It
is
worst
when
the wind is from the west.”
Mr.
and
Mrs~
Szewzcyk stated that:
“Around
the
week of July 17 or the
24,
1972,
the pool
and
porch
and the whole house were filled with gray
dust.
.
~I
have asthmatic-bronchitis and my throat
actually feels scratchy and sandy especially when
I
am
outside
and the wind is from the south or southwest.. .1
11
—71
-4-
know the dust comes from Illinois Slag and Ballast because
the dust
is
the same color
as
the high piles
they have
on their property and
I
have seen
it blowing
at times.”
Mr.
and Mrs.
Grzyb
stated that:
“When
the. wind is from the west,
clouds of dust blow in
from the Illinois Slag and Ballast.
The dust
is gray-white
and settles
all over the porch, railing and window sills.”
Mrs.
Pavaggie stated that:
“I
see clouds
of dust coming from Illinois Slag and Ballast’s
direction and from their open trucks.”
The Board, based on the above citizen testimony,
finds
that
dust and particulate matter has originated from ISBC’s operation,
1SBC has presented citizen testimony that the dust and
:~articulatematter
is originating from the unpaved alley, streets,
;md
the unpaved lot owned by Wisconsin Steel.
Mrs. Pauline Stanley
stated
that:
“This
open prairie that’s the thing they are complaining
about.
Just
the open prairie here,
that’s the only thing
the neighbors on this
side of Muskegon are complaining
about.”
(ISBC exhibit
1,
p.
3)
J\Irs. Joan Zienty stated that:
“The
only dust
that was there was from the dirt road,
and
when cars
go speeding by when we have
an exceptionally
dry spell or high wind velocity.”
Mrs.
Beverly Daniele stated that the dust
that had bothered her
was from 99th Street
(ISBC exhibit
4,
p.
3).
Mr.
Paul Flisiak
stated that he had observed dust blowing off of east 99th Street
(ISBC exhibit
3,
p.
4).
All four exhibits submitted by ISBC
contained a statement
to
the fact
that the citizens have not
observed dust blowing from ISBC’s stock piles or facilities.
However,
Mr.
Flisiak stated that:
“On my block.
.
.
everybody would say something about
the road.
.
.“
He further stated that:
“Maybe the people on the other block, some might say
about
the piles, might be too high,..,that were just
complaining about the dust,
.
11
—72
-5-
The Board finds that respondent has shown that
east 99th Street
contributes to
the dust and particulate problem in the surrounding
neighborhood, but has failed to rebut
the Agency’s statements
that
dust was emanating from ISBC’s
slag piles
and facilities.
The statement
of one Agency witness, Mr. Szewzcyk, pertained
to
a health effect
--
asthmatic-bronchitis
--
that was allegedly
aggravated when the wind was from the south or southwest.
ISBC’s
citizens statements
contain statements
that their health was not
impaired.
On
the sole basis
of the citizen testimony,
the Board
does not find that
ISBC
is producing
a health problem.
The Board
does find that particulate matter and dust emanating from ISBC’s
slag piles and operating facilities
is constituting an unreasonable
interference with the enjoyment or property by
the surrounding
residents.
People should not be subjected to being hit in the
face with particulates
(statement of Mrs.
Brajkovich, Agency
exhibit
1)
.
The citizen witnesses presented by the Agency
establish that particulate matter and dust contribute
to
an
unreasonable
interference with their property,
in that results
in the need to clean facilities
more often than necessary,
prohibited the use of outside clotheslines
to dry clothes, soils
furniture and scratches
the finish of furniture when
it
is wiped
off
(Agency exhibit
1).
The Board’s finding that
ISBC has violated Section 9(a)
of the Environmental Protection Act by allowing particulate matter
and dust
to unreasonably interfere with life
and property is further b
upon
the results of Agency high-vol sampling which was conducted
at three
locations surrounding ISBC’s property
(Agency exhibit
2
and 3).
High-volume sampling conducted by the Agency of
suspended
particulate matters on September
5,
6,
7,
8,
15, and 16, all
show readings increasing
as
a result of wind blowing toward
site
1 and
2 from site
3, which down wind of ISB~’sproperty.
The highest values show an increase of
848 mgm/M
as
the wind
blew from site
3,
the Skyway Bowl toward site
1, which
is down
wind from ISBC’s plant and stockpiles.
Results of testing on
September 15 and 16 showed that ISBC contributed 175 and 67
mgm/M3 to the ambient
air quality.
The results of this sampling
by the Agency supports the conclusion
of the Board that
ISBC
contributes
a measurable
amount of suspended particulate matter
to the ambient air quality.
The Board has found
a violation of Section 9(a)
of the
Environmental Protection Act by ISBC because
it has unreasonably
interfered
with life and property of the surrounding residences
so
as
to cause
or tend to cause air pollution, either alone
or
in combination with particulate matter from other sources.
The
Board has decided to access
a $1,000 penalty for
this violation,
The above Opinion constitutes the Board’s findings
of fact
and conclusions of
law.
11
—73
-6-
ORDER
The Illinois Pollution Control Board finds that Illinois
Slag and Ballast Company has violated Section 9(a)
of
the
Environmental Protection Act and orders that Illinois Slag and
Ballast Company pay
a $1,000 penalty for that violation.
Penalty payment by certified check or money order payable to
the State of Illinois shall be made
to:
Fiscal Services
Division,
Illinois Environmental Protection Agency,
2200
Churchill Drive,
Springfield,
Illinois 62706.
The Board orders that Illinois Slag and Ballast Company
carry out the terms of Paragraph 10 of the Stipulation:
A.
Apply
a crusting
agent,
at least
once every
12
months,
or more if required,
to the north face and ridge of
ISBC slag stockpiles that border 99th Street.
B.
Water down the south face of the slag stockpiles
that border 99th Street during the hot,
dry months of the
year (generally May through October),
in
order to reduce
the
possibility of substantial fugitive dust resulting from loading
operations-
-
the watering to be accomplished in the following
method:
i.
Sprinkling program
-
-
the stockpiles
will be watered down by use of rotating
or
constant sprinklers for
a period of time
sufficient to soak the surface of the piles,
most likely during the entire night prior
to the occurrence of loading and handling
operations upon the stockpiles.
ii.
By use of manually operated hoses
during the day when conditions
require.
Illinois Slag and Ballast Company
shall
not
engage in loading operations
from the stockpiles bordering 99th
Street unless
it reasonably believes that the materials
in said
stockpiles have been watered down or are moist
as
a result of the
application of water or other weather conditions, or that the
materials are otherwise sufficiently treated or composed so that the
likelihood of substantial dust being emitted during loading
operations
is minimized.
11
—
74
-7-
C.
Illinois Slag and Ballast Company agrees to use its
best efforts to extend in an easterly direction the present
slag stockpile bordering
99th Street,
as permitted and dependent
upon ISBC’s productivity and supplies
of slag from time to
time,
and the demands of slag by its customers.
D.
Illinois Slag and Ballast Company agrees
to wet down
other stockpiles
in its general storage area from which it may be
loading materials when weather conditions
(other than high winds)
require, and when it reasonably can be believed that substantial
fugitive dust will occur
as
a result of such operations.
B.
Illinois Slag and Ballast Company agrees
to operate
and use its present water truck upon its internal roadways
in
its stockpile area between
7:00 a.m. and 3:30 p.m.
on days that
the Company is loading materials
(excluding winter months)
when weather conditions
indicate the likelihood
of substantial
emissions
of dust from interior roadways, except however, for
periods
of repairs upon the truck, when the truck
is being used
for other company purposes,
including watering down of other
roadways used by the Company
(including the uses set forth in
paragraph H hereof)
or other emergencies preventing use of the
truck.
F.
Illinois Slag and Ballast Company has indicated that
it
is
in the process of obtaining from the owner of the vacant
lot directly to the east
of the Company permission
to place
stanchions or barriers upon the lot between Muskegon Avenue
and the
lot, so as
to reduce
the possibility of trucks or other
vehicles going on the unpaved lot.
Illinois Slag and Ballast
Company has agreed to provide such barriers
or stanchions
at its
expense.
G.
Illinois Slag and Ballast Company has further agreed,
with
the consent of the owner of the aforesaid unpaved lot,
to
pave such portions of the lot that border Muskegon Avenue and that
may be used by trucks and cars in order to turn around.
H.
As permitted by local authorities,
the Company has
agreed to oil, asphalt or water down the portions of Muskegon
Avenue
and 99th Street
(being public streets of the City of Chicago)
that border the Company’s facilities,
I.
Illinois Slag and Ballast Company
is in the process
of obtaining permission from the present owners
of the lot to the
east
of the Company to seed or landscape the lot,
and Illinois
Slag and Ballast Company
is exploring the possibilities of perfor-
ming the foregoing.
IT
IS SO ORDERED.
11
—75
-
I, Christan
L. Moffett, Clerk of the Illinois Pollution Control
oard, hereby certify the above Opinion and Order were adopted on
he
3t~*day of January,
1974
by
a vote
of
.~?~-O
Illinois Pollution
trol Board