ILLINOIS POLLUTION CONTROL BOARD
    May
    9,
    1974
    ENVIRONMENTAL PROTECTION AGENCY,
    )
    Complainant,
    v.
    )
    PCB 73—454
    EARLY AND DANIEL COMPANY,
    Respondent.
    Mr. Thomas A.
    Cengel, Assistant Attorney General,
    for
    Complainant.
    Mr. Richard J. Kissel,
    attorney for Respondent.
    OPINION AND ORDER OF
    THE
    BOARD
    (by Dr.
    Odell)
    The Environmental Protection ~gency
    (hereinafter Agency)
    filed a Complaint against the Early and Daniel Company on
    October
    30,
    1973.
    Respondent owns and operates certain
    facilities,
    including
    a grain elevator containing, but not
    limited to, driers, dump areas,
    cyclone system,
    conveying
    facilities and loadout areas located at 300 South Fourth
    Street, Sheldon,
    Illinois.
    The Agency alleged that on or
    about July
    1, 1971, and continuing through the filing of the
    Complaint,
    Early and Daniel Company has operated its aforesaid
    facilities
    so as to cause, threaten or allow the discharge or
    emission of “bees wings”, chaff and grain dust and other con-
    taminants into the atmosphere
    so as to cause or tend to cause
    air pollution, either alone or in combination with contaminants
    from other sources, in violation of Section 9(a)
    of the Environ-
    mental Protection Act (hereinafter Act)
    Rev. Stat., 1971,
    Ch. 111 1/2, Sec.
    1009
    (a)J.
    A hearing was held in Sheldon, Illinois on March
    8,
    1974.
    The parties submitted a Settlement Agreement into the record
    for the purpose of disposing of this Complaint.
    The parties are
    substantially in agreement that the emission control program sub-
    mitted to the Agency by Early and Daniel Company, and specified
    in our Order, will effectively reduce emissions from the Sheldon,
    Illinois facility.
    The following Stipulation,
    in pertinent part,
    is from the Settlement Agreement.
    “The Environmental Protection Agency, Complainant, and
    Early and Daniel Company, Respondent,
    stipulate,
    for purposes
    of this settlement agreement only,
    and only if the Pollution
    Control Board
    (hereinafter Board)
    accepts totally this settle-
    nient agreement,
    that the following statements are true and may
    be accepted as such by the Board without further proof thereof.
    12—237

    -2—
    NEarly and Daniel Company is an Ohio corporation licensed
    to do business and doing business in the State of Illinois.
    On
    July
    1,
    1971, Early and Daniel Company began operating a grain
    handling facility in Sheldon,
    Illinois which it subsequently
    purchased on March 31,
    1972.
    The Early and Daniel Company’s
    Sheldon facility is used for the receipt,
    storage, drying and
    shipping of grain, predominantly corn.
    Total grain storage
    capacity at Respondent’s Sheldon facility is 1,200,000 bushels.
    “Respondent’s facility receives grain almost every day,
    whereas grain is shipped out by rail on approximately 30 to 40
    days each year.
    Monthly fluctuations in the amount of grain
    handled at Respondent’s Sheldon,
    Illinois facility during 1972
    are listed below:
    MONTH
    UNLOADED
    LOADED OUT
    January
    10.8
    26.9
    February
    15.0
    0
    March
    4.9
    10.2
    April
    6.7
    0.9
    May
    3.2
    9.2
    June
    0.9
    8.8
    July
    3.5
    0
    ~\ugust
    5.6
    8.8
    September
    3.0
    *
    October
    0.7
    8.8
    November
    24.1
    8.8
    December
    21.6
    17.6
    *Less than
    0.1
    “Respondent’s grain handling facility in Sheldon,
    Illinois
    consists of
    the
    following major sources
    of emissions:
    (a) Truck dump
    pit
    on east side of the facility;
    (b) Two driers which are enclosed in a single
    concrete structure on the south side of the
    facility;
    (c) Cyclone
    on
    the north side of the facility
    which
    is ~isedto collect grain dust created
    by in-house transferring;
    (d) Railroad load-out spout located on the west
    side of the facility;
    (e) Numerous ventilation openings, both above
    and below the storage bins.
    The Environmental
    Protection
    Agency has received complaints from
    Sheldon,
    Illinois
    residents relating
    to the emission of
    “bees
    wings’, chaff and grain dust from the above individual
    sources
    or in combinations.
    ~hiie
    investigating various complaints re-
    ceived by the Agency,
    Robert Henricks, Surveillance Engineer,
    took photographs of observed emissions from the cyclone, ventil-
    ation openings and truck dump pit.
    These photographs
    (Exhibit A,
    5
    pages)
    truly
    and
    ar~urately
    portray
    the
    conditions
    depicted
    therein
    and
    are
    incorocrored into
    the
    record
    by
    reference.
    12
    23~8

    “At various times, the operations at the Respondent’s
    Sheldon,
    Illinois facility, either by individual source
    (listed
    in above paragraph)
    or in combinations hav~resulted in
    emissions sufficient in quantity and duration to constitute
    violations of Section 9(a)
    of the Environmental Protection Act.
    “Early and Daniel Company has submitted to the Environ-
    mental Protection Agency an emission control program,
    as set
    forth in the Proposed Order, which the Agency believes will
    reduce emissions at the Sheldon, Illinois facility below the
    levels which create citizen complaints.”
    During the hearing Mr.S.D.
    Carroll,
    sales engineer with
    Dynasteel Corporation, Memphis,
    Tennessee, appeared
    as a witness
    on behalf of Respondent.
    He examines grain hauling facilities,
    designs dust collecting systems for them and then Dynasteel
    Corporation installs these systems for air pollution control.
    Mr. Carroll has been engaged by Early and Daniel to survey their
    facilities at Sheldon, Illinois.
    With regard
    to the equipment
    installation date of October
    1, 1974,
    in our Order 3(a)
    and
    3(b),
    Mr. Carroll stated that “October
    is a realistic date;
    October
    1,
    I am not sure
    .
    .
    .
    because equipment deliveries are
    considerably longer than was anticipated six months or a year
    ago”
    (R-16).
    Slower equipment delivery is due to a steel short-
    age.
    The latest date that such air pollution control facilities
    would be completed if equipment deliveries are delayed “could
    be as long as the first of December”
    (R-18).
    Five citizens complained vigorously of chaff and dust
    associated with the operation of Respondent’s elevator.
    Ex-
    cessive dust and chaff settle outside and inside the premises
    of neighbors.
    Mrs.
    Ruth Coyer complained that breathing the
    dust affected her lungs
    (R—36)
    and it caused Miss Ellen Wesseil
    to cough
    (R-20).
    Truck activity on Respondent’s grounds pro-
    duced some of the dust
    (R-21,
    26)..
    In addition, grain trucks
    on the town streets produced objectionable dust
    (R-20,
    21), but
    responsibility for controlling this rests with the town of
    Sheldon rather than with Early and Daniel Company
    (R-23,
    24).
    Mr. Richard Easter, who lives
    200
    to 300 feet south of Respondent’s
    elevator, complained of dust and one night last summer he smelled
    “sour grain” and what he thought was a “chemical
    .
    .
    .
    to kill
    bugs”, but the elevator manager
    “said they use no chemical”
    (R—34).
    On March 25,
    1974,
    the parties
    in
    this
    action filed
    a
    joint
    motion to incorporate a document entitled “Minimum Recommendations
    for Housekeeping Practices for Grain Handling Facilities” into the
    Settlement Agreement in the instant case.
    The Board granted this
    motion on April
    4,
    1974.
    We find that Early and Daniel Company facilities in
    Sheldon, Illinois violated Section 9(a)
    of the Act.
    The stipulated
    penalty is reasonable.
    In the Settlement Agreement which was
    incorporated into the hearing record, a compliance program was
    specified which should adequately abate the air pollution that
    caused this Complaint.
    This agreed compliance program is satis-
    factory and is incorporated into our Order.
    This Opinion con-
    stitutes the findings of fact and conclusions of law of the
    Board,
    12
    239

    ORDER
    IT
    IS THE ORDER OF THE Pollution Control Board that:
    1.
    The Early and Daniel Company grain elevator in
    Sheldon, Illinois violated Section 9(a) of the Environmental
    Protection Act.
    2.
    The Early and Daniel Company shall pay a penalty of
    $1,000 for its violations of Section 9(a) of the Environmental
    Protection Act.
    Payment shall be by certified check or money
    order made payable to the State of Illinois,
    Fiscal Services
    Division, Environmental Protection Agency,
    2200 Churchill Road,
    Springfield,
    Illinois.
    Payment shall be tendered within thirty—
    five
    (35)
    days of the adoption of this Order.
    3.
    The Early and Daniel Company shall cease and desist
    from further violations of Section 9(a)
    of the Environmental
    Protection Act by taking all steps necessary to promulgate its
    proposed program including:
    (a) The completion of installation of equipment to
    control emissions from the truck dump on the
    east side of the Sheldon, Illinois facility by
    October
    1,
    1974.
    Said control equipment is to
    include fast-closing doors on the south end of
    the dump,
    air curtain and flexible curtains on
    the north end of the dump,
    baffles in the dump
    pit, inspiration of the dump pit and a bag
    filtering system;
    (b) The completion of installation of equipment to
    control emissions from the railroad load—out
    area on the west side of the Sheldon, Illinois
    facility by October
    1,
    1974.
    Said equipment
    is
    to include sleeves which will operate with a choke
    load and which will extend at least six
    (6) inches
    below the top of the vehicle being loaded;
    (c)
    The completion of an engineering study of methods
    of control of emissions from the in—house trans-
    ferring and drying of grain at its Sheldon,
    Illinois facility within ninety
    (90)
    days of the
    adoption of this Board Order.
    Said study shall
    be in written form, with the conclusions and
    supporting data fully documented, and copies of
    the study shall be sent to the Pollution Control
    Board and the Environmental Protection Agency;
    (d)
    By September
    1,
    1974,
    final drawings for the
    equipment chosen by Early and Daniel Company,
    and subject to Agency approval,
    to control
    emissions from the in-house transfer and drying
    of grain at Respondent’s Sheldon, Illinois
    facility shall be completed and submitted to
    the Environmental Protection Agency,
    as part of
    the application(s)
    for construction permit(s);
    12—240

    —5—
    (e)
    The completion of installation of equipment for
    the control
    of emissions from the in—house trans-
    fer and drying of grain by October
    1,
    1975.
    4.
    The Early and Daniel Company shall take all necessary
    steps to assure the earliest possible submission of all pertinent
    permit applications to the Environmental Protection Agency,
    and
    the Agency,
    subject to its review for technical deficiencies
    in
    the program, shall issue the applicable permits
    as early as
    possible.
    5.
    Immediately upon the Board’s adoption of this Order,
    Early and Daniel Company will take all necessary steps to assure
    that the following interim measures are undertaken to control
    emissions at its Sheldon, Illinois facility:
    (a)
    The dust house immediately below the cyclones shall
    be properly maintained and cleaned so as to avoid
    blocking or otherwise disrupting efficient collection
    by the operating cyclone(s);
    (b)
    The Early and Daniel Company’s Sheldon, Illinois
    facility: shall at all times comply with the Minimum
    Recommendations For Housekeeping Practices For
    Grain Handling Facilities, which were promulgated
    by the Environmental Protection Agency
    -
    Industry
    Task Force on Grain Handling Regulations.
    (c)
    The driers at Respondent’s Sheldon, Illinois
    facility shall not be used prior to the 1974 grain
    harvest without prior written approval from the
    Environmental Protection Agency;
    (d)
    The truck dump piton
    the west side of the Sheldon,
    Illinois facility shall receive no more than 300,000
    bushels of grain per year;
    (e)
    The Early and Daniel Company will test an experimental
    portable bag device
    £or effectiveness in reducing
    emissions while loading center—slot hopper railroad
    cars.
    The Agency shall be informed in writing
    at
    least thirty
    (30) days prior to any such tests and
    shall have the right to observe such tests if it so
    decides.
    (f)
    Roadways on Respondent’s premises shall be treated
    to control dust.
    6.
    The Early and Daniel Company shall post a personal
    recognition performance bond within thirty—five
    (35)
    days of the
    adoption of this Order,
    in the amount of $50,000
    in a form satis-
    factory to the Agency to guarantee performance of this Order.
    The
    Bond shall be decreased as the control program
    is completed, with
    the following reduction on the stated date:
    October
    1,
    1974
    -
    reduction of bond to $25,000.
    12—241

    —6—
    7.
    Nothing contained
    in this Order shall prohibit Early
    and Daniel Company from closing down and abandoning the Sheldon,
    Illinois facility at its option.
    I, Christan
    L. Moffett,
    Clerk of the Illinois Pollution Control
    Board, hereby certify that the above Opinion and Order was
    adopted on the
    9~k
    day of (y~
    ,
    1974,
    by a vote of
    ____
    to
    ~
    .
    Christan L. Moff~,Clerk
    12
    —242

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