ILLINOIS POLLUTION CONTROL BOARD
March 14, 1974
DUNDEE CEMENT COMPANY,
Petitioner,
vs.
)
PCB 73-541
ENVIRONMENTAL PROTECTION AGENCY,
Respondent.
)
Mr. Charles E. Whalen, Attorney, on behalf of Petitioner;
Mr. Peter E. Orlinsky, Attorney, on behalf of the Enviornmentai
Protection Agency.
OPINION AND ORDER OF THE BOARD (by Mr. Seaman):
The Dundee Cement Company (hereinafter “Petitioner”) a Delaware
corporation, pursuant to Rule 401 of the Procedural Rules and
Regulations, filed with the Environmental Protection Agency (herein-
after “Agency”) on December 27, 1973 for a Variance from Rule
203(f) of the Air Pollution Control Regulations to continue to use
the clamshell crane, while an alternative system for unloading
barges is fabricated and installed.
Petitioner operates a barge terminal on the Sanitary and Ship
Canal in an uninhabited area northeast of Lemont, Illinois.
Petitioner’s operations consist of transfer of cement from
barges to storage and to trucks for local distribution.
Petitioner unloads barges with a clamshell crane which feeds an
elevated hopper.
Fugitive dust is occasionally emitted during barge unloading
when the clamshell releases its load in the hopper. The amount
and severity of emissions vary with wind, weather, and the condition
of the cement.
The Agency believes that the time schedule proposed by Petitioner
is reasonable, and that the proposed control program will be adequate
to bring the facility into compliance with Rule 203(f).
The Agency has received no complaints from citizens concerning
Petitioner’s operations. The nearest residences to the facility are
approximately one mile away.
-2—
As noted earlier, the Chicago-West Terminal is in a remote
location, over one mile from the nearest home and adjacent to
heavy industry located along the Sanitary and Ship Canal. The
Respondent has already made substantial investments ($418,440.00
R. 37) in developing and installing facilities to unload Dundee
barges pneumatically, and is now engaged in a $250,000 program
to incorporate into that pneumatic system the additional facili-
ties that will allow conventional barges to be unloaded pneu-
matically. Until the new facilities can be installed, the only
method of unloading conventional cement barges involves the use
of the crane and covered material handling bucket. Considering
the substantial efforts and funds that Respondent has already
expended to develop the technology for pneumatically unloading
cement barges, it would impose an unreasonable hardship on Re-
spondent to not allow the unloading of conventional barges while
work is proceeding on the improvements.
The Agency recommends the Variance and we agree.
This Opinion constitutes the findings of fact and conclusions
of law of the Board.
IT IS THE ORDER of the Pollution Contro~Board that:
1. Petitioner he granted a variance from Rule 203(f) until
March 7, 1975, as requestec, subject ~o the following conditions:
a. Commencing 30oays after the date of this Order,
and continuing thereafter quarterly. ~Petitionershall submit
progress reports to:
Environmental Protection Agency
Division of Air Pailution Control
Control Program Coordinator
2200 Churchill Road
Springfield, Illinois 62706
detailing progress made toward completing the installation
designed to comply with Rule 203(f).
b. Respondent shall post with the Environmental
Protection Agency, within 60 days from the date of this
Order, a bond or other security in trie amount of
$
50,000 in a form satisfactory to the Agency, which
shall assure the installation of the necessary equipment
as detailed in the Agency’s Reconirnendation. Said bond
shall be submitted to:
I
598
—3-
Environmental Protection Agency
Fiscal Services Section
2200 Churchill Road
Springfield, Illinois 62706
c. All proper procedures shall be followed to minimize
fugitive dust when unloading barges.
I, Christan L. Moffett, Clerk of the Illinois Pollution Control
Board, certify that the ab ye Opinion and Order was adop ed on this
— I
~
day of
(~r~
,
1974 by a vote of
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