ILLINOIS
    POLLUTION CONTROL BOARD
    July
    31,
    1975
    PEOPLE OF THE STATE OF ILLINOIS,
    Complainant,
    v.
    OLD FORT INDUSTRIES,
    INC.,
    an Indiana Corporation,
    ILLINOIS BRICK COMPANY DIVISION,
    )
    Respondent,
    PCB 74—192 and
    and
    )
    PCB 74—221
    Consolidated
    ILLINOIS BRICK COMPANY,
    Petitioner,
    v.
    ENVIRONMENTAL PROTECTION AGENCY,
    Respondent.
    Mr.
    Lorence
    H.
    Siutzky, Assistant States Attorney,
    appeared
    on behalf of the State of Illinois;
    Mr.
    Fredric
    J. Entin, Assistant Attorney General, appeared on
    behalf of the Environmental Protection Agency;
    and
    Mr. Patrick
    J. Phillips,
    Jenner and Block, appeared on
    behalf of Old
    Fort
    Industries.
    OPINION AND ORDER OF THE BOARD
    (by Mr. Goodman):
    This case comcs before
    the Pollution Control Board
    (Board)
    upon stipulation of facts and proposed settlement by
    the parties, People of the State of Illinois and the Envi-
    ronmental Protection Agency
    (Agency) and Illinois Brick
    Company Division, Old Fort Industries,
    Inc.
    (Illinois Brick).
    Illinois Brick owns and operates a brick manufacturing
    facility located
    at. 127 Street and Francisco Avenue,
    Blue
    Island,
    Cook County,
    Illinois,
    where
    it manufactures
    common
    brick,
    hand molded colonial brick, and various other build-
    ing type bricks.
    Clay, which
    is the principle
    raw material
    in
    Illinois Brick’s manufacturing operation,
    is extracted
    from a clay pit located on the premises of the facilities.
    The
    clay
    is transported to the plant, introduced into a
    granulator where either water or grog,
    if necessary,
    is
    introduced.
    The material
    is then introduced into stone
    extracting rolls, where most of the stone
    is removed, con-
    veyed to crusher ~ol1s where remaining stone is crushed
    within the capabilities of such equipment,
    conveyed to the
    18
    221

    —2—
    plug mill where necessary water
    is added for proper ex-
    trusion by bric~ machine and introduced into the brick
    machine where tl~eclay is compressed and extruded in
    a twin
    column.
    The twin column
    is passed through a brick cutter
    which cuts the b.~icksinto proper lengths and the bricks,
    thus cut,
    are ccnveyed along a belt beside which are sta-
    tioned men who pick the bricks off the belt and place them
    on dryer cars.
    When filled,
    conveyer cars are transported
    to the dryer and are placed in the dryer on various tracks.
    Succeeding cars are placed on the tracks and the cars
    are
    moved through the dryer.
    When the cars reach the discharge
    end of the dryer,
    they are placed on the transfer car which
    transports the cars
    to the kiln setting site.
    Illinois Brick utilizes the scove—kiln process in the
    actual firing of their bricks.
    The scove—kiln
    is constructed
    entirely of bricks.
    After the green bricks are stacked in
    an area,
    they are enclosed by walls
    of burned bricks and
    sealed with clay siurry through which gas burners are fired
    into the mass of green bricks.
    Some anthracite coal screen-
    ings had been
    adde.3
    to the clay prior
    to the plug mill for
    bricks located near the walls of the kiln.
    Recently Illinois
    Brick found it necessary to add anthracite screening to all
    of the green bricks due
    to hardness problems with their
    finished product.
    The scove—Iciln
    is fired for an average period of
    55
    hours,
    at which
    time the gas burners are turned off.
    After
    this,
    the kiln remains undisturbed for
    18 hours
    to complete
    the firing and cooling process.
    In general,
    Illinois Brick
    schedules their kiln burns over the weekend.
    On the basis of the land survey dated May
    3,
    1961,
    and
    updated on July
    1,
    1.974, and the quantity of bricks sold,
    Illinois Brick estimated that on August
    30,
    1974,
    the clay
    pit had a remaining useful life of approximately
    3
    to
    6
    years.
    The facility is located in
    a mixed area.
    To the
    east and south and northwest of the facility is
    a resi-
    dential neighborhood
    in which the closest homes
    are 750 feet
    away.
    To the north is Mount Hope Cemetary,
    and to the west
    is Beverly Cemetery.
    To the southwest,
    approximately 3/4 of
    a mile
    from Illinois Brick’s facility on the Cal—Sag Canal,
    is
    a Texaco Oil Company Refinery.
    Emissions are produced throughout the length of the
    kiln burn and during the 18 hours after the natural gas
    burners are shut off.
    The nature of the emissions change
    throughout
    the
    burr1
    and
    correspond
    to
    three
    identifiable
    processes:
    dehydration,
    oxidation,
    and
    vitrification.
    In
    dehydration, most of the emissions are steam caused by a
    mechanical water dehydration.
    After all the mechanical
    water has been evaporated,
    oxidation takes place
    in which
    18
    222

    —3—
    all of the organic material,
    including the coal,
    is oxidized
    and
    a blueish grey haze
    is emitted along with some chem-
    ically combined m~’i.sturecausing a small amount of steam
    emission.
    Vitrifi~ationtakes place immediately after and
    also concurrently with the oxidation phase,
    the blue-grey
    emission continuing throughout from oxidation of the impur-
    ities
    in the clay.
    Background of Litigation
    Investigatien of Illinois Brick’s manufacturing facil-
    ities began
    in January of 1970 after receipt of complaints
    from a nearby resident.
    Investigations continued through
    1970 and 1971 and interviews with citizens and observations
    of investigators indicated that the problem was continuing.
    In 1972 discussions were held between Illinois Brick and the
    Agency and the Attorney General resulting in Illinois Brick
    engaging several c~nsultingengineering firms of various
    types
    to determine whether Illinois Brick’s emissions com-
    plied with app1i~ab1elocal and state statutes,
    regulations,
    and ordinances.
    On May 24,
    1974, the Complaint was filed by the Agency
    against Illinois Brick Company alleging the operation of the
    scove-kiln witho~itoperating permits
    in violation of Rule
    103(b) (2)
    of Chapter 2 of the Pollution Control Board Air
    Regulations
    (Regulations) and Section
    9(b)
    of the Environ-
    mental Protection Act
    (Act).
    In addition, violation of
    Section 9(a)
    of the Act was alleged in that the emissions
    from the brick making facility caused an unreasonable inter-
    ference with the enjoyment of life and property.
    The Agency
    also alleged that Illinois Brick had allowed emissions of
    smoke and particilate matter of an opacity greater than
    30
    as measured by equilavent numbers on the Ringlemann chart
    in
    violation of 202(b)
    of the Regulations.
    On June
    12,
    1974,
    Illinois Brick filed a petition for
    review of refusal to issue permit before the Board.
    This
    action was consolidated with the enforcement action pursuant
    to
    a Motion for Corsolidation filed on July
    2,
    1974.
    The
    stipulation of facts and the proposed settlement comes
    to
    the Board addressing the issues raised by Complainant’s
    Fourth Amended Complaint filed on April
    18,
    1975,
    and the
    Consolidated
    Perrrit Denial Appeal.
    The Fourth Amended
    Complaint incorporated some legal refinements of the first
    complaint and added an allegation of violation of Rule
    203(f) (1)
    of the Fegulations, allowing the emission of
    fugitive particulate matter.
    T..~rmsof Proposed Settlement
    The parties,
    herein, decided,
    after extensive dis-
    covery,
    that the interests of the public and of the parties
    would best be served by resolution of the proceedings with-
    out further litigat~onunder terms and conditions agreed
    18—
    223

    —4—
    upon by all concerned pursuant to Rule
    333
    of
    the
    Board
    Regulations.
    Iliinois
    Brick stipulates that it has only
    enough clay left
    in
    its
    pit
    to continue operations
    at the
    facility
    for,
    at the most,
    six years and that
    in the year
    1974 and the first quarter of
    1975,
    the facility operated at
    a net loss to the Company.
    Illinois Brick has decided,
    in
    recognition of the limited time for continued operations and
    the current unprofitability
    of their Blue Island,
    Illinois,
    brick manufacturing operation,
    that the expenditure of
    additional
    funds for the installation of emission reduction
    devices would not he
    in their best economic interest.
    It is
    additionally stipuLated
    that at no time during the course of
    this
    litigation did the Complainant ever propose that Illinois
    Brick discontinue its operation.
    The stipul2tion entered into between the parties pro-
    poses that Illinois Brick permanently discontinue the present
    brick manufacurir1q operation operated by Illinois Brick
    in
    Blue Island,
    Illinois, within
    90 days of the date of the
    signing of the stipulation.
    In addition Illinois Brick
    agrees that during this 90-day operation only one kiln burn
    will be made in any calendar week, commencing no earlier
    in
    the week than Monday at
    6 a.m. nor later in the week than
    Tuesday at
    5 p.m. and that there will be no increase of the
    present weekly rate of production of 1,500,000 bricks per
    week.
    Illinois Brick will pay a penalty of $5,000 per burn
    for each and every burn that might occur after
    90 days from
    the date of signing of the stipulation and,
    if it decide.s
    to
    resume brick manufacturing at the Blue Island,
    Illinois,
    brick manufacturing facility,
    Illinois Brick will not do so
    prior to obtaining all necessary state,
    county,
    and local
    permits and licenses.
    Illinois Brick will withdraw its
    petition for Review of Refusal to Issue Permit, Pollution
    Control Board Case No.
    74—221.
    We do not, by our acceptance of the stipulation herein,
    prejudge any future violation which may occur, nor do we
    intend to pre—assess any penalties
    for said future violations.
    It is furthcr stipulated
    that nothing in the stip-
    ulation shall be construed to be an admission by Illinois
    Brick of the existence of violations alleged in complaints
    filed herein and that Illinois Brick agrees that,
    in the
    event the Board finds any violations alleged have occurred,
    Illinois Brick shall remit and shall pay the sum of $5,000
    to the Treasurer of the State of Illinois.
    In addition,
    all
    parties agree that
    if and when the stipulation and proposed
    settlement is accepted by the Board, and so long as the
    parties adhere to the provisions set forth in the stipulation,
    no further litiqa~ionwill be taken by the parties with
    respect to the subject matter of the case.
    18—
    224

    Stipulation of Testimony and Evidence
    It is agreed by the parties that the following
    testi-
    mony
    and evidence would be introduced at a hearing should
    it
    be held.
    1.
    Concerning the allegation that Illinois Brick has
    operated the facility without an operating permit:
    a)
    Illinois
    Brick still does not have an operating permit despite the
    continuation of its operations;
    b)
    that it applied in
    November of 1972
    for such permit and was rejected by the
    Agency because,
    in the Agency’s opinion,
    the operation was
    in violation of standards and limitations of the Pollution
    Control Board Air Regulations.
    Illinois Brick contends that
    its failure to obtain an operating permit was due to the im-
    proper refusal of
    ~he
    Environmental Protection Agency to
    issue said permit.
    2.
    Concerning the alleged violation of Section 9(a)
    of the Act,
    interference with the enjoyment of life and
    property:
    a)
    approximately
    21 residents
    of the nearby
    area
    would testify that they have suffered interference with
    their enjoyment of life and property as
    a result of emis-
    sions from Illinois Brick’s facilities;
    b)
    that they exper-
    ienced the emissions throughout the year and almost always
    on weekends;
    c)
    that the emissions cause them to keep their
    windows closed;
    d)
    at times they were unable to use the yard
    and engage
    in outdoor activies in the summer.
    In addition,
    certain citizens have complained that the emissions cause
    a
    burning sensation of their eyes,
    noses and throats,
    cause
    nausea,
    coughing,
    and difficulty
    in breathing.
    In oppo-
    sition,
    approxim~.telyfive residents
    of the nearby area
    would testify,
    if called by Illinois Brick, that while they
    have observed the above—described emissions,
    that such
    emissions did not interfere with their enjoyment of life and
    property.
    3.
    Evidence would be introduced to the effect that
    suitable control equipment exists for the abatement of Illinois
    Brick’s pollution.
    In addition,
    the Agency
    is prepared to
    introduce evidence that one of their investigators, who
    is
    a certified smoke reader,
    has observed the emissions from
    the brick manufacturing facility to have an opacity of
    greater than
    30~.
    An investigator for the Cook County
    Department of Environmental Control
    is also prepared to
    testify that he observed emissions from the brick manu-
    facturing facility at an opacity greater than
    30.
    In
    opposition,
    representatives of commercial testing companies,
    if called as witnesses by Illinois Brick, would testify that
    on various dates other than those referred to by Complain-
    ants, they observed emissions from Illinois Brick’s manu——
    facturing facility which had an opacity of less than
    30.
    18— 225

    —6—
    4.
    Illinois Brick contends the particulate emission
    test conducted by Particle Data Laboratories on January
    13
    through
    15,
    1975,
    establishes
    that
    Illinois
    Brick
    is
    in
    com-
    pliance with Rule 203(b)
    of the Regulations which,
    they
    allege,
    constitutes
    a defense to the allegations in the
    complaint.
    The Aaency disagrees that Illinois Brick,
    as
    a
    result of a test, established compliance with Rule 202(b)
    stating they are prepared to call Howard 0.
    Chinn, Chief
    Engineer of the Environmental Control Division, Office of
    the Attorney General,
    to testify that there could be partic-
    ulate emissions
    in excess of that allowed by Rule 202(b)
    of
    the Regulations.
    The Agency,
    in addition,
    is prepared to
    present testimony that an observer saw particulate matter
    emitted from Illincis Brick’s manufacturing facility that
    was
    visible
    to
    him,
    looking
    generally
    toward
    the
    Zenith
    at
    a
    point beyond the property line of the facility.
    Consideration of the Rules, Stipulation of Facts and Settlement
    The Board accepts the stipulation of
    facts as being the
    most reasonable
    rtethod of determining this case.
    Consider-
    ing the stipulated. evidence,
    the Board finds that Illinois
    Brick has violated Rule 103(b) (2) of Chapter
    2 of the Board’s
    Air Pollution Regulations and Section 9(b)
    of the Act in
    that they operated their scove-kiln without obtaining the
    required operating permits
    from the Agency.
    In addition,
    the Board finds
    a ~jiolation of Section
    9(a)
    of the Act in
    that the emissions
    from the brick making facility caused un-
    reasonable interference with the enjoyment of life and
    property.
    The Board finds
    a violation of Rule
    202(b)
    of the
    Regulations
    in that Illinois Brick has allowed emissions of
    smoke and particulate matter of an opacity of greater than
    30
    to be emitted by their facilities.
    The Board fails
    to
    find violation of Rule 203(f) (1)
    of the Regulations since
    the stipulated evidence was insufficient to find such violation.
    The stipulation,
    as submitted,
    calls for penalty
    in the
    sum of $5,000 should the Board find any of the violations
    alleged
    to have occurred.
    The Board finds from the stip-
    ulated evidence that said violations have occurred and finds
    that a penalty of $5,000 is appropriate.
    The Board accepts
    the proposed stipulation of facts and settlement
    in this
    case and incorporates,
    by reference,
    the terms thereof
    in
    this Opinion and Order as
    if fully set forth herein.
    This Opinion constitutes the Board’s findings of fact
    and conclusions of law
    in this matter.
    18
    226

    —7—
    ORDER
    It
    is the Order of the Board that the parties to this
    action,
    pursuant
    to the stipulation signed by said parties
    June 16,
    1975,
    shall effect such agreed stipulation con-
    ditions
    as fo1lo~s:
    1.
    Illinois Brick Division,
    Old Fort Industries,
    Inc.,
    shall permanently ~1iscontinue the present brick manufacturing
    facility operated oy Illinois Brick in Blue Island,
    Illinois,
    within
    90 days of
    the date of the signing of the stipulation;
    2.
    Illinois Frick, during the final
    90 days of opera-
    tion,
    shall not co’umence
    a scove-kiln burn earlier in the
    week than Monday at
    6 a.m. nor later in the week than Tuesday
    at
    5 p.m.;
    3.
    Illinois Brick, during the final
    90 days of opera-
    tion,
    shall not increase production beyond the present
    weekly rate of l,~00,000bricks per week;
    4.
    Illinoi3
    .Tirick, during the final
    90 days of opera-
    tion,
    shall produce no more than one scove—kiln burn in any
    calendar week;
    5.
    Illinois Brick shall pay a penalty of $5,000 per
    burn for each and every burn that occurs after
    90 days
    from
    the date of the ~~igning of the stipulation;
    6.
    If Illinois Brick decides
    to resume brick manu-
    facturing at the ~lue Island,
    Illinois, brick manufacturing
    facility,
    it will not do so prior to the obtaining of all
    permits required by the Act;
    7.
    Illinois Brick shall withdraw its Petition for
    Review of Refusal to Issue Permit,
    Pollution Control Board
    Case No.
    74—221;
    8.
    Illinois Brick shall pay a penalty of $5,000 for
    violation of RulEs
    103(b) (2)
    and 202(b)
    of the Regulations
    and Sections
    9(a)
    and 9(b)
    of the Act, payment to be made by
    certified check or money order within 35 days of the date of
    this Order
    to:
    State
    of
    Illinois
    Environmental Protection Agency
    Fiscal Services Division
    2200 Churchill Road
    Springfield,
    Illinois
    62706
    I,
    Christan
    L.
    Moffett,
    Clerk of the Illinois Pollution
    Control Board, hereby certify the above Opnion
    and Order
    were adopted on the
    ~
    day of
    _________,
    1975 by a
    vote of
    ~
    Christan
    L. Moffett~1erk
    Iiiir~nis
    Pr,lliii-,rrn
    4-rr~1
    ~

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