ILLINOIS POLLUTION CONTROL BOARD

March 25, 1976

ENVIRONMENTAL PROTECTION AGENCY,

Complainant,

v.

)

PCB 75—293

MATERIAL SERVICE CORPORATION,

a Delaware corporation,

Respondent.

Mr. James L. Dobrovolny, Assistant Attorney General, Attorney

for Complainant

Mr. Louis R. Hegeman, Gould & Ratner, Attorney for Respondent

OPINION AND ORDER OF THE BOARD (by Mr. Young):

This case arises out of an Amended Complaint filed August

14, 1975 by the Environmental Protection Acjency alleging that

Material Service Corporation (Respondent) operated an expanded

shale processing facility without an operating permit in vio-

lation of Rule 103(b) (2) of the Air Pollution Control Regula-

tions (Regulations) and in further violation of Section 9(b)

of the Environmental Protection Act (Act) from March 1, 1973

until August 14, 1975. Hearing was held October 27, 1975 in

Ottawa at which time a Stipulation of Facts and Agreed Settle-

ment (Stipulation) was entered into by the parties. One citizen

witness also appeared at the hearing and testified concerning

the nuisance resulting from dust conditions created by Respon-

dent’ s operations.

Respondent owns and operates a lightweight aggregate manu-

facturing facility located three—and—one-half miles east of

Ottawa, on the north bank of the Illinois River in a largely

agrarian and rural area. Mined shale is processed into a light-

weight aggregate used in making concrete through a series of

steps conducted at this facility. One type of emission produced

throughout this process is a dust-like particulate matter called

fines. Respondent has expended approximately $500,000 in attempts

to control these emissions, and is presently installing two bag-

house collection systems in the final screening and crushing

operation of the plant. These two baghouses will collect material

from the screens, transfer points and the crushers, and process

this air stream through the baghouses, collecting the small

particles and recycling them into product. This baghouse system

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will cost $200,000 and is scheduled to be in operation by April

1976. Respondent has operating permits for all areas of the

facility with the exception of the final screening and crushinq

operation, and presently has a construction permit for that

area granted by the Agency for the installation of the baghouse

collection system.

Respondent admits that it operated the final screening and

crushing operation of its expanded shale facility intermittently

since March 1, 1973, without having received operating permits

from the Agency in violation of Rule 103(b) (2) and in further

violation of Section 9(b) of the Act. For these admitted vio-

lations the parties agree that a penalty of $3,000 should be

assessed. Respondent also agrees to obtain operating permits

for the unpermitted operations at this facility.

The Stipulation of Facts and Agreed Settlement submitted

by the parties is found adequate under Rule 333 of our Procedural

Rules (EPA v. City of Marion, 1 PCB 591).

On the basis of the foregoing and the Stipulation, we find

that Respondent did violate the Act and Regulations as charged

in the Amended Complaint by operating the final screening and

crushing equipment of its expanded shale facility without the

necessary operating permits, from March 1, 1973 until July 25,

1975, in violation of Rule 103(b) (2) of t.he Air Rules and

Section 9(b) of the Act. A penalty of $3,000 is assessed for

these violations.

This Opinion constitutes the Board’s findings of fact and

conclusions of law in this matter.

ORDER

1. Respondent, Material Service Corporation, has operated

the aforesaid facilities in violation of Section 9(b) of the

Environmental Protection Act and Rule 103(b) (2) of the Air

Pollution Regulations and shall pay a penalty of $3,000.00

for such violations. Penalty payment by certified check or

money order payable to the State of Illinois shall be made

within 35 days of the date of this Order to: Control Program

Coordinator, Division of Air Pollution Control, Illinois

Environmental Protection Agency, 2200 Churchill Road, Spring-

field, Illinois, 62706.

2. Respondent, Material Service Corporation, shall obtain

all required operating permits for its expanded shale facility

no later than 120 days of the date of this Order, or

no

later

than 120 days after the aforesaid baghouses are operational in

April of 1976, whichever is later.

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IT IS SO ORDERED.

I, Christan L. Moffett, Clerk of the Illinois Pollution

Control Board, hereby certify the above Opi ion and Order were

adopted on the ~

day of ________________________, 1976

by a vote of ~

Christan L. Moffett

rk

Illinois Pollution C rol Board