ILLINOIS POLLUTION CONTROL
    BOARD
    October 9,
    1975
    ENVIRONMENTAL PROTECTION AGENCY,
    Complainant,
    v,
    )
    PCB 75—186
    H.D.
    PARK,
    R.P.
    WIGGERS, NORMA
    P. MUCK, NORMAN
    H. MUCK, d/b/a
    ROCKY FORD LIMESTONE COMPANY,
    Respondents.
    MR. HOWARD
    V. THOMAS, Assistant Attorney General,
    appeared
    on
    behalf of the
    Complainant;
    MR. WILLIAM
    C. BATES, appeared
    on
    behalf of the Respondents.
    OPINION AND ORDER
    OF THE BOARD (by
    Mr. Dumelle):
    The Illinois
    Environmental Protection Agency (Agency) filed
    a complaint
    against H,D, Park, R,P, Wiggers, Norma P.
    Muck,
    and
    Norman H,
    Muck, d/b/a Rocky Ford Limestone
    Company (Respondents),
    on May 1,
    1975,
    The Agency alleged that Respondent, prior to June 1, 1973,
    and subsequently to the date of the Complaint, operated
    three rock crushing
    machines
    at its .iaduty without an
    Agency operating permit, in violation of Section 9(b) of
    the Illinois Environmental Protection Act (Act)
    ,
    and Rule
    103(b)
    (2)
    of the Board~s Air Pollution Control Reçulations (Air Rules).
    The Agency filed a Request fo: Admission of Facts on
    June
    19, 1975. Respondents filed an affirmative answer to the Request
    on July 10, 1975, admitting ownership of the quarry,
    operation
    of the crushing
    machine, and
    lack of an operating permit. A
    hearing was held
    on July 15,
    1975.
    At the hearing a Stipulation of Facts was presented
    by the
    parties.
    No
    other
    testimony
    was introduced
    and there were no
    citizen comments. The stipulated facts are as follows.
    Respondents
    owns and operate
    a quarry facility at
    Lincoln,
    in Logan
    County, Illinois,
    Respondents own and
    operate
    a quarry facility
    which involves
    open pit quarrying of
    limestone
    rock (H.
    5). As
    a part of the operation, three
    rock crushing
    machines
    were installed prior
    to April 14, 1972,
    Operation of these
    19—19

    machines results in
    the emission of particulate matter
    (R. 6).
    These machines were in operation prior to March
    1, 1973, and
    subsequently to the date of
    the Complaint (H.
    6). At
    no time
    before or since June 1, 1973
    have
    Respondents possessed an
    Agency operating permit for
    these three
    machines (R.
    6).
    On December 11,
    1972, Respondents
    applied for an operating
    permit, and a construction permit to install a dust supression
    spray system to abate particulate emissions (R, 6-7). The
    con-
    struction
    permit
    was granted by the Agency
    on February
    7, 1973
    (H.
    7). However,
    the operating permit was
    denied
    on February 23,
    1973 as Respondent~s
    facility was not
    yet in compliance with
    particulate emissions
    standards (H. 7).
    Respondents
    subsequently failed
    to resubmit an
    operating
    permit application until
    May 22, 1975 (H.
    8~9). Respondent~s
    stipulate
    that
    the delay in
    resubmitting an application arose
    from a
    delay in installation
    of the
    dust supression
    system due to
    a labor shortage,
    inability to employ
    an electrician,
    and
    parts
    delivery time
    (R. 8), Respondents also
    stipulate that a
    progress report
    was submitted to the Agency
    on January 20,
    1975
    stating the reasons for the delay CR.
    8);
    that on May
    22,
    1975
    after installation
    of the abatement equipment a new permit
    application
    was submitted to the Agency;
    ar~d that on July
    11,
    1975, they resubmitted
    the application
    on Form APC 200 as requested
    by the Agency (H. 10).
    An Agency on~site investigation
    on February 20, 1974 indicated
    that no dust supression system had been installed
    (H. 8—9).
    Furthermore,
    the Agency stipulates
    that it was advised by
    Respondent at that time, that although
    all
    of the necessary
    abatement equipment was on
    hand,
    Respondent wisled.to delay in-
    stallation
    until after a planned faillity
    move.
    This move was
    to occur approximately
    one year
    from the date of the Agency~s
    on~site inspection
    (H.
    9).
    The record fails
    to
    state wiothe~L t his move has occurred
    or is still contemplated.
    The
    Agency
    states
    that
    it
    was advised
    that the reason for the desired delay was ho avoid expenses
    associated
    with installation
    of
    the system
    prior to the contemplated
    move
    (B.
    9). The Agency
    stipulates
    that on June 5, 1975,
    Respondents
    May 22, 1975 permit
    application
    was denied due to the
    omission
    of certain factual
    data (H. 9,
    10).
    19 —
    20

    —3—
    The record then, clearly shows a violation
    of the Section
    9(b) of the
    Act, and Rule 103(b) (2) of the Air Rules for failure
    to have an Agency
    operating permit, Respondent operated
    the
    machines in question for
    over two years beyond
    the permit compliance
    date of March 1,
    1973. From at least December
    11, 1972
    onward,
    Respondent was aware
    of the necessity for a
    permit. From
    February, 1974 on,
    Respondents had the abatement equipment on
    hand.
    Yet Respondents did
    not complete
    the installation
    of
    this equipment, a prerequisite
    to applying for a
    permit, until
    May, 1975. Respondents permit reapplication occurred on May 22,
    1975, over 2 years after the original permit denial, and nearly
    a
    month
    after the
    May
    1,
    1975
    filing of
    the Complaint.
    Furthermore,
    Respondents’ action after the
    filing
    of the Complaint
    raises the inference that
    Respondent acted out of fear
    of a
    lawsuit and the
    imposition of a penalty
    rather than a desire
    to
    achieve
    compliance with the Act and Air
    Rules.
    The Board
    finds that Respondents,
    H.D. Park,
    R,?, Wiggers,
    Norma P. Muck, and
    Norman
    H.
    Muck,
    d/b/a
    Rocky Ford Limestone
    Company violated
    Section
    9(b)
    of the
    Act, and Rule 103(b)
    (2)
    of the Air
    Rules by its failure to secure an Agency operating
    permit.
    The Board is required in making a decision,
    to consider
    the criteria
    of Section 33(c).
    The Board has considered the
    record in the light of the section~s criteria,
    i.e., degree
    of injury, social and
    economic value
    of the facility,
    suitability
    of location, and technical practicability~economic
    reasonableness
    of abatement.
    The
    record does not
    permit An evaluation of
    the
    effects upon health of
    the quarry
    emissions.
    We
    can conclude
    that they exceeded the Board’s Regulations because of the
    necessity for a dust suppression system.
    A cruarry is a necessary
    operation in order to produce limestone for agricultueal
    use
    and for construction
    purposes.
    The record is silent as to
    the
    priority of location of this quarry in its area and its
    suitability
    for that area. The
    technical
    practicability
    and
    economic
    reasonableness
    of purchase
    and
    iniociiot.cn of the dust
    suppression
    equipment is shown by its actual purc~.Se and delivery to the
    site.
    Based on these
    factors and
    considering the. fact that
    Respondents reapplication
    for a permit came
    only after
    a Complaint had
    been
    filed
    by
    the Agency, the Board finds that
    the imposition of a
    $2500 penalty
    is justified as an
    enforcement
    tool to secure
    full compliance
    with operating permit
    reqi~irements
    of
    the Act and requirement
    of
    the Air Rules.
    This Opinion
    constitutes the Board’s findings of fact and
    conclusions of law.
    19—21

    —4—
    ORDER
    It
    is the Order of the Pollution Control Board
    that:
    I. Respondents, H,D. Park, R. P. Wiggers, Norma P.
    Much,
    and
    Norman P. Muck, d/b/a Rocky Ford Limestone Company,
    violated
    Section 9(b) of the Act and Rule 103(b) (2) of the
    Air
    Pollution Control Regulations.
    2, That Respondents cease and
    desist
    operation
    of
    the
    aforementioned crushing machines unless an operating permit
    is applied for from the Illinois Environmental Protection
    Agency within the
    ten (10) days of the Board
    Order, and obtained
    within ninety
    (90) days from the date of
    the
    Board Order.
    3.
    Respondent is assessed a penaLty of $2,500 for the
    aforesaid
    violations. Penalty payment shall be by certified
    check or
    money order made payable to the State of Illinois,
    Fiscal Services
    Division, 2200 Churchill Road, Springfield,
    Illinois 62706.
    Payment shall be tendered
    within
    35 days of the
    adoption of
    this Order.
    .7, Christen
    L. Moffett,
    Cleric
    ci inc Illinois
    Pollution Control
    Board,
    hereby certify the above Opinion
    and
    Order were adopted on
    the
    ~iday
    of October, 1975
    by a
    vote
    of ~
    Chrtstan L. Moftet
    erk
    Illinois Pollution trol Board
    19
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