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

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