RECEVED

CLERK’S

OFFICE

State

of

Illinois

Pollution

Control

Board

FEB

U

52809

James

R

Thompson

Center

STATE

OF

LUNOIS

100

W

Randolph

Street

Suite

11-500

PoiIuton

Conird

Board

In

The

Matter

Of:

)

)

Jerrald

R

West

II,

)

)

Complainant(s)

-vs-

)

PCB

2009-45

)

Nokomis

Quarry

Company

)

P.O.

Box

#90

)

Nokomis,

11

62075

)

AKA:

P.O.

Box

#500244

)

St

Louis,

MO.

63

150-0244

)

)

Respondent(s)

)

ENTRY

OF

APPEARANCE

NOW

COMES

EDWARD

Q.

COSTA,

of

Samuels,

Miller,

Schroeder,

Jackson

&

Sly,LLP,

and

hereby

enters

his

appearance

on

behalf

of

Nokomis

QualTy

Company

in

the

above-entitled

cause,

SAMUELS,

MLLLER,

SCHROEDER,

JACKSON

&

SLY

LLP

BY:

EDWARD

Q.

COSTA

---

CERTIFICATE

OF

SERVICE

The

undersigned

hereby

certifies

that

on

the______

day

ofFebmaiy,

2009

he

sewed

a

copy

of

the

foregoing

Entry

of

Appearance

by

depositing

the

same

in

a

United

States

Post

Office

Boxenc’osed

in

an

envelope

with

postage

fully

prepaid

upon

the

following:

Jerrald

R

West

II

765

Wash

Roberts

Road

McMinnville,

TN

37110

Pollution

Control

Board,

Attn:

Clerk

100

West

Randolph

Street

James

R.

Thompson

Center,

Suite

11-500

Chicago,

IL

60601-3218

EDWARD

Q.

COSTA

SAMUELS,

MILLER,

SCHROEDER,

JACKSON

&

SLY,

LLP

Attorneys

for

Nokomis

Quarry

Company

225

North

Water

Street,

Suite

301

P.

0.

Box

1400

Decatur,

IL

62525-1400

Telephone:

(217)

429-4325

---

State

of

Illinois

Pollution

Control

Board

James

R

Thompson

Center

100

W

Randolph

Street

Suite

11-500

CLERKOPFI

In

The

Matter

Of:

)

Jerrald

R

West

II,

)

STATE

OF

ILLINOIS

Control

Board

Complainant(s)

-vs-

)

PCB

2009-45

Nokoinis

Quarry

Company

)

P.O.

Box

#90

)

Nokomis,

II

62075

)

AKA:

P.O.

Box

#500244

)

St

Louis,

MO.

63

150-0244

)

)

Respondent(s)

)

RESPONDENT’S

MOTION

TO

DISMISS

FORMAL

COMPLAINT

FILED

BY

JERRALD

R

WEST

II

NOW

COMES

NOKOMIS

QUARRY

COMPANY,

a

corporation,

by

its

attorneys,

Samuels,

Miller,

Schroeder,

Jackson

&

Sly,

LLP,

and

in

support

of

its

Motion

to

Dismiss

the

Formal

Complaint

Filed

by

Jerrald

R

West

II,

states

the

following:

INTRODUCTION

Complainant

(“Jerrald

West’)

has

filed

a

document

called

“Formal

Complaint”

with

the

Pollution

Control

Board.

The

Formal

Complaint

was

sent

by

Certified

Mail

to

the

attorneys

for

Nokomis

Quarry

Company

with

an

envelope

postmarked

January

8,

2009.

The

Formal

Complaint

was

received

on

January

14,

2009

(Exhibit

“A”).

It

is

unknown

if

a

copy

of

the

Formal

Complaint

has

been

sent

to

the

Respondent.

The

Formal

Complaint

is

unnotarized

and

undated.

---

-2-

Some

history

between

JelTald

West

and

Nokornis

Quarry

Company

(the

“Quarry’)

needs

to

be

stated.

Attached

as

Exhibits

“B”,

“C”,

“D”

and

“E”

are

four

versions

of

a

Complaint

with

accompanying

Motion(s)

to

Dismiss

filed

in

a

lawsuit

entitled

Jerrald

R

West

II

vs.

Nokornis

Quarty

Compatn’

in

the

Circuit

Court

of

the

Fourth

Judicial

Circuit,

Montgomery

County,

illinois,

Case

No.

07-L-25.

At

the

time

the

lawsuit

was

filed,

Jerrald

West

had

a

mailing

address

of

P.

0.

Box

181,

Wifl,

Illinois

62094.

The

address

stated

in

the

Formal

Complaint

before

the

Pollution

Control

Board

is

765

Wash

Roberts

Road,

McMinnville,

Tennessee

37110.

The

issues

raised

in

the

Formal

Complaint

are

identical

to

or

substantially

similar

to

the

issues

raised

by

Jerrald

West

in

the

Montgomery

County,

Illinois

lawsuit.

The

first

pleading

in

the

Montgomery

County,

Illinois

lawsuit

was

filed

by

Mr.

West

on

October

26,

2007.

After

a

Court

hearing,

the

lawsuit

was

dismissed

without

prejudice

on

December

11,

2007

(Exhibit

“B”).

The

second

pleading

was

filed

on

December

28,

2007

and

after

a

hearing,

it

was

dismissed

by

the

Court

without

prejudice

on

February

21,

2008

(Exhibit

“C”).

The

third

pleading

was

filed

on

March

10,

2008

and

after

a

hearing,

was

dismissed

by

the

Court

without

prejudice

on

April

22,

2008

(Exhibit

“D”).

The

fourth

pleading

was

filed

on

May

12,

2008

and

after

a

hearing,

was

dismissed

by

the

Court

yjjfi

prejudice

on

June

23,

2008

(Exhibit

“E”).

The

Record

Sheet

for

the

Montgomery

County

lawsuit

is

attached

as

Exhibit

“F”.

Now

Jerrald

West

has

filed

a

Fonnal

Complaint

with

the

Pollution

Control

Board.

The

Quany

is

in

the

business

of

manufacturing

State

inspected

limestone

used

by

several

Agencies

in

the

State

of

Illinois,

contractors

and

individual

consumers.

Among

other

things,

the

Quarry

sells

its

product

to

the

Illinois

Environmental

Protection

Agency

(“JEPA”),

Illinois

---

-3-

Department

of

Natural

Resources

(“DNR”)

and

other

Agencies

associated

with

the

State

of

Illinois.

As

stated

in

the

Affidavit

of

Ronald

K.

Koehier,

General

Manager

of

the

Quarry

(attached

to

Exhibit

“D”),

only

two

loads

of

chip

rock

have

been

sold

by

the

Quarry

to

the

City

of

Witt,

Illinois

(where

JelTald

R

West

resided)

since

2002,

ic.,

42.25

tons

in

July,

2007,

and

the

chip

rock

met

Illinois

Department

of

Transportation

(‘DOT”)

specifications.

Specifically,

the

chip

rock

sold

in

July,

2007

was

inspected

by

an

independent

consultant.

The

inspection

tests

consisted

of

drying

and

screening

the

rock

to

ensure

that

the

rock

met

with

State

of

Illinois

specifications

according

to

a

sieve

analysis

outlined

by

LDOT.

After

inspection

tests

were

performed,

the

rock

was

marked

“Approved”

by

the

inspector

meaning

the

rock

met

DOT

quality

specifications

and

the

Quarry

could

sell

its

product

as

advertised.

The

Quarry

is

located

in

Nokornis,

Illinois

which

is

about

four

and

one-half

miles

northeast

of

Witt,

Illinois.

The

facilities

of

the

Quarry

have

been

inspected

by

the

IEPA

on

a

regular

basis.

The

most

recent

JEPA

inspection

occurred

on

November

2,

2007.

The

inspection

lasted

approximately

one

hour

and

no

issues

or

problems

were

reported

to

the

Quarry

by

the

IEPA

after

the

inspection.

MOTION

TO

DISMISS

1.

This

Motion

to

Dismiss

is

made

pursuant

to

Section

31(d)(l)

of

the

Environmental

Protection

Act

(415

ILCS

5/31

(d)(

1))

and

Title

35

of

the

Illinois

Administrative

Code.

2.

The

Formal

Complaint

submitted

by

Jerrald

West

is

frivolous.

“Frivolous”

means

that

the

formal

complaint

seeks

relief

that

the

Board

does

not

have

the

authority

to

grant,

or

a

---

-4-

complaint

that

fails

to

state

a

cause

of

action

upon

which

the

Board

can

grant

relief.

35

Iii.

A

din.

Code

101.202.

3.

The

allegations

in

the

Fonnal

Complaint

are

void

of

facts

which

reasonably

inform

Nokomis

Quarry

Company

of

the

manner

and

extent

to

which

the

Environmental

Protection

Act

and/or

regulations

are

being

violated,

inasmuch

as

the

Formal

Complaint

is

factually

deficient,

it

is

frivolous’

within

the

meaning

of

the

rules

of

this

Board.

Roe/ce

v.

Illinois

Pollution

Control

Board,

78

Ill.

App.

3d

476

(1979).

4.

The

Formal

Complaint

submitted

by

Jerrald

West

is

also

duplicative

within

the

meaning

ofSection

101.202

of

the

Illinois

Pollution

Control

Board’s

procedural

rules.

“Duplicative”

means

the

matter

is

identical

or

substantially

similar

to

one

brought

before

the

Board

or

another

forum.

35

Iii.

Adrn.

Code

101.202.

A

lawsuit

filed

by

Jerrald

West

with

allegations

identical

or

substantially

similar

to

those

in

the

Formal

Complaint

has

been

dismissed

by

the

Montgomery

County

Circuit

Court.

Mr.

West’s

Fourth

Amended

Complaint

(lawsuit)

was

dismissed

with

prejudice

on

June

23,

2008.

5.

Jerrald

West

answers

“None”

when

asked

if

there

was

any

identical

or

substantially

similar

case

he

knows

of

that

is

already

pending

before

the

Board

(Pollution

Control

Board)

or

in

another

forum

against

this

Respondent

(the

Quarry)

for

the

same

alleged

pollution.

The

answer

of

Mr.

West

is

false.

The

Quarry

has

outlined

the

history

it

had

during

2007

and

2008

with

Mr.

West

concerning

the

Montgomery

County,

Illinois

lawsuit.

---

-.5-

6.

It

is

difficult,

if

not

impossible,

to

determine

what

Jerrald

West

is

alleging

and

requesting

from

this

Board.

In

paragraphs

9

and

11

of

the

Formal

Complaint,

Jerrald

West

attempts

to

describe

the

‘relief”

he

is

seeking.

It

appears

that

the

relief

being

sought

is

not

relief

the

Board

has

the

authority

to

grant.

As

indicated

in

his

Montgomery

County

lawsuit

and

in

this

Complaint.

the

goal

of

Jerrald

West

is

to

obtain

a

money

settlement

from

Nokomis

Quarry

Company.

The

lawsuit

in

Montgomery

County,

Illinois

was

dismissed

h

prcjudice.

Now

he

is

trying

to

get

a

monetary

settlement

from

Nokomis

Quarry

Company

through

the

Pollution

Control

Board.

WHEREFORE,

Respondent,

NOKOMIS

QUARRY

COMPANY,

a

corporation,

requests

that

the

Pollution

Control

Board

not

accept

the

Complaint

made

by

Jenald

R

West

II

for

hearing.

Furthermore,

it

is

requested

that

Complainant’s

Formal

Complaint

be

dismissed

and

the

Pollution

Control

Board

award

Respondent

all

other

relief

the

Board

deems

proper.

NOKOMIS

QUARRY

COMPANY,

a

corporation,

Respondent

SAMUELS,

MILLER,

SCHROEDER,

JACKSON

&

SLY,

LLP

BY:

One

of

Its

Attorneys

---

-6-

CERTIFICATE

OF

SERVICE

The

undersied

hereby

ceifies

that

on

the______

day

of

Feba,

2009

he

served

a

copy

of

the

foregoing

Respondents

Motion

to

Dismiss

Formal

Complaint

Filed

by

Jerrald

R

West

II

by

depositing

the

same

in

a

United

States

Post

Office

Box

enclosed

in

an

envelope

with

postage

fully

prepal

d

upon

the

following:

Jerrald

R

West

II

765

Wash

Roberts

Road

McMimwille,

TN

37110

Pollution

Control

Board,

Attn:

Clerk

100

West

Randolph

Street

James

R.

Thompson

Center,

Suite

11-500

Chicago,

IL

60601-3218

EDWARD

Q.

COSTA

SAMUELS,MILLER,

SCHROEDER,

JACKSON

&

SLY,

LLP

Attorneys

for

Nokomis

QualTy

Company

225

North

Water

Street,

Suite

301

P.

0.

Box

1400

Decatur,

IL

62525-1400

Telephone:

(217)

429-4325

---

‘ZI

____

ru

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1

_________

ru

_____

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---

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-

—V

-

STATE

OF

ILLINOIS

COUNTY

OF

MONTGOMERY

TO:

Illinois

Cfrcuit

In

the

matter

of:

Jcrrald

R

Wct

H

(PLAiNTIFF)

vs

FILED

The

Nokomis

Quarry,

ts

Owners

and

Fxccutivcs

OCT

2

6

2007

233

II

Taylorvilic

mad

MARY

WEBB

Nokornis.

Illinois.

QrtU1fCOUCI

1*

62075

(OEFENI)ANT)

4ThJvdij

COM

PLAINT

V

Now

comcs

,Jerrald

R

West

II

by

and

through

his

attorney

(Himself)

Requesting

i

Jury

Trial

for

which

Civil

damages

REAL

and

ONGOING

shall

be

sought

by

Remedy

or

Judgment

of

thc

Court.

This

suit

is

alleging

That

over

a

period

of

several

years

the

Defendant

has

sold

a

defective

product

which

has

caused

TOXIC

air

conditions

within

the

city

ofWitt.

H.

Chip

rock

full

ofsdimeni

is

causing

an

unsafe

breathing

environment.

As

well

Unregulated

Emissions

from

Quarry

operations

are

poisoning

air

quality.

Thus

Causing

Repeated

Daily

exposure

to

Fugitive

Particulate

matter

Known

to

be

hazardous

to

ones

health.

The

Plaintiff

and

his

family

are

exposed

to

these

particulaics

on

a

daily

basis

Involuntarily.

The

plaintiff

believes

these

actions

to

he

Unreasonable,

Dangerous,

and

is

causing

the

denial

of

Life.

Liberty.

and

(lie

Pursuit

of

happiness

Afforded

to

Him

and

his

family

under

the

Illinois

Constitution.

It

is

reasonable

for

the

Court

to

assume

that

the

defendant

knows

the

cffcct

of

V

Crystaline

Silica

Dust

and

Quarry

Lime

on

the

Human

Body

as

well

as

its

own

Employ

ees.

These

practices

include

hut

arc

not

limited

to:

Blatant

violations

of

lilinois

Adrnioistratve

Code.

TiUc

35

GuidelInes

specifically.

Chi,

Part

212301.

Subject

K.

entitled

Fugitive

particulate

matter,

and

that

Chip

rock

sold

to

the

city

of

Witt

has

and

is

Aerosolizing

Due

to

small

parliculatcs

which

don’t

Seem

to

disipate

The

PlaintilTshall

also

show

by

way

of

visual

evidence

That

NOT

EVEN

WATER

IS

BEING

USED

TO

ATTEMPT

TO

PREVENT

FUGITIVE

MATTER

FROM

LEAVING

TIlE

QUARRY

PREMISES.

In

fact

this

Plaintilfhclicvcs

this

may

be

for

financial

gain.

Therefore

This

PlaintitT

now

seeks

l)amagcs

Ir

himselfand

5

members

nihis

Immediate

ramify.

Due

to

long

(cmi

exposure

to

suspended

particulate

Matter.

J3ecause

of

the

appearance

ot

---

P.

4

_

,

,

i

i.

p

//

blatant

disregard

for

human

life

and

sufTcrage,

as

well

as

side

cfTccts

which

have

been

and

are

causing

Irreversible

health

problems

to

the

plaintiff

and

his

family

the

Plaintilf

is

seeking

the

sum

of

$6.000.000.OO.

Which

is

based

on

both

past

damages.

Future

hcalth

concerns,

and

Suffering

inflictcd

upon

the

plaintiff

The

Plaintiff

now

asks

The

Court

to

Order

that

the

State

Agency

Governing

Regulation

of

Quarry

Mining

be

notified

so

they

can

visually

and

by

subscribed

science

as

well

as

Governing

hoard

investigate.

The

Plaintiff

Requests

and

Motions

the

Court

f’or

an

Emergency

Discovery

Hearing

within

30

days

olthc

date

of

filing

of

this

complaint

Because

the

hazard

is

ongoing

and

a

public

health

threat

needing

to

be

addressed.

Finally

this

Plaintiff

Requests

this

matter

be

set

for

Jury

Trial

In

the

Illinois

Ciruit

court

with

Jurisdiction

in

this

matter,

and

as

well

Request

the

Defendant

answer

these

charges

by

way

of

“WRITTEN

RESPONSE”

and

Discovery.

S

7’

Jerrald

R

West

II

o/a

i

e

IA

AL

TIM

MIZERA

---

uct

c

UI

U3:1/p

p.5

/

Interrogatories

a.

Does

the

Defendant

Believe

they

are

in

compliance

with

IL

Title

35

EPA

CODE

regarding

FUGITIVE

PARTICULATE

MATTER,

212.30L?

b.

Is

the

defendant

aware

of

the

long

term

consequences

of

exposure

to

both

<PM2.5

micrometers

and

1987

<pm]

0

particulate

size

designations

put

forth

by

the

US

EPA

62fr-3

8652

for

24hr

Exposure.

c.

Does

the

Defendant

measure

Emissions

by

the

pound?

d.

Does

the

Defendant

believe

they

are

in

compliance

with

CERCLA

Reporting

requirements

for

“MAJOR

SOURCES”

Those

who

exceed

100

pounds

or

more

in

a24

hour

period?

e.

What

is

the

mineral

composition

of

Chip

rock

and

sediment

sold

to

the

cit

of

Witt?

Including

any

Testing

for

Lead.

Mercury,

Quartz.

Silica,

and

other

substances

regulated.

f.

Is

the

Defendant

aware

of

the

short

and

Long

term

Effects

of

fine

particulates

to

Humans?

g.

Does

the

Defendant

consider

its

practices

to

be

beneficial

to

the

human

Inhabited

envirornent?

This

Plaintiff

seeks

answers

to

these

questions

and

prays

the

Court

will

find

Great

Merit

to

the

Dangers

the

Quarry

poses.

---

P.

6

(Source:

Amended

at

20

III.

Reg.7605,

effective

May

22,

1996)

Section

212.209

Village

of

Win

netka

Generating

Station

(Repealed)

(Source:

Repealed

at

20

III.

Reg.

7605.

effective

May

22,

1996)

Section

212.210

Emissions

Limitations

for

Certain

Fuel

Combustion

Emission

Units

Located

in

the

Vicinity

of

Granite

City

a)

No

person

shall

cause

or

allow

emissions

of

PM-I

0

into

the

atmosphere

to

exceed

12.9

rig/i

(0.03

lbs/mrnbtu)

of

heat

input

from

fiLrels

other

than

natural

gas

during

any

one

hour

period

from

any

industrial

fuel

combustion

emission

units,

other

than

in

an

integrated

iron

and

steel

plant.

located

in

the

vicinity

of

Granite

City,

which

area

is

defined

in

Section

212.324(a)(1)(C)

of

this

Subpart.

b)

Emission

units

shall

comply

with

the

emissions

limitations

of

this

Section

by

May

11.

I

993,

or

upon

initial

start-up,

whichever

occurs

later.

(Source:

Amended

at

20

III.

Reg.7605,

cfTective

May

22,

1996)

SUBPART

K:

FUGITWE

PARTICULATE

MATTER

Section

212301

Fugitive

Particulate

Matter

No

person

shall

cause

or

allow

the

emission

of

fugitive

particulate

matter

from

any

process,

including

any

material

handling

or

storage

activity,

that

is

visible

by

an

observer

looking

generally

toward

the

zenith

at

a

point

beyond

the

property

line

of

the

source.

(Source:

Amended

at

20

III.

Reg.7605,

effective

May

22,

1996)

Section

212302

Geographical

Areas

of

Application

a)

Sections

212.304

through

212.310

and

2

12.312

of

this

Subpart

shall

apply

to

all

mining

operations

(SIC

major

groups

10

through

14),

manufacturing

operations

(SIC

major

groups

20

through

39

except

for

those

operations

subject

to

Subpart

S

of

this

Part

(Grain-Handling

and

Grain-Drying

Operations)

that

are

outside

the

areas

defined

in

Section

2

I2.32

4

(a)(I)

of

this

Part),

arid

electric

generating

operations

(SIC

group

491),

which

are

located

in

the

areas

defined

by

the

boundaries

of

the

following

townships,

notwithstanding

any

political

subdivisions

contained

therein,

as

the

township

boundaries

were

defined

on

October

1,

1979.

in

the

following

counties:

Cook:

All

townships

---

uct

UI

U3:17p

p.

7

/

*

EVIDENCE

SUBMISSION

Exhibit:

1-7

taken

afternoon

10/9/07,

consisting

of

26

pictures

with

date

encodement

reflecting

conditions

in

Witt,

Nokdmis

Proximity,

as

well

as

the

Nokomis

Quarry.

Exhibit:

8

Pictures

reflecting

the

existence

of

white

rock

on

or

prior

to

6/I

1/02.

Exhibit:

9

Pictures

taken

2005

Documenting

samples

and

conditions

after

rock

was

purchased

and

applied

to

Witt

roads.

Exhibit

10

Video

Evidence

showing

ongoing

emissions

from

Nokomis

Quarry

Oct

2007.

Exhibit:

11

Data

regarding

Guidelines

set

by

II

EPA

for

Fugitive

particulate

matter.

Title135

sec

212.301.

Exhibit:

12

Numerous

Affidavits

supporting

the

integrity

of

evidence

and

outlining

Contacts

with

both

the

US

EPA,

and

IL

EPA.

Exhibit:13

Actual

Samples

of

Materials

from

Witt

city

Streets

as

far

back

as

fall

2005.

Please

note

this

case

has

Relevant

data

still

currently

being

sought

from

NIH,

NIEH,

Dept

of

Conservation,

CDC,

Dept

Public

Health,

Dept

of

Conservation,

NIOEH.

FDA,

Dept

of

Mines

and

Minerals,

WHO,

DSM

IV,

11

EPA,

US

EPA,

US

Dept

Agriculture,

DNR,

and

CERCLA

(CLEAN

AIR

ACT

OVERSIGHT)

---

-

Oct

2S

07

03:1

7p

p.8

/41

SUBSEQUENT

MOTIONS

This

Plaintiff

Now

prays

that

the

Court

find

this

complaint

Qualifies

with

merit

based

on

health

implications

and

Initial

evidence

presented.

ThIs

Plaintiff

also

in

representing

Himself

Motions

the

court

for

accommodations

to

be

as

that

of

a

Out

of

state

lawyer

would

have

beingunfamiliar

with

Procedural

processes

in

this

State.

This

plaintiff

would

as

well

request

Subpoenas

be

issued

for

roadresurfacing

records

from

the

City

of

Witt,

and

the

Win

Elevator.

As

to

Origin,

and

Composition

of

the

materials

to

establish

the

Defendant

as

the

source

of

these

Materials.

As

well

this

plaintiff

requests

The

Court

Compel

the

illinois

EPA

todo

a

Thorough

Investigation

to

establish

if

the

Nokomis

Quarry

Practices

are

Unreasonable

and/or

dangerous.

As

well

as

compliance

with

Dept

regulations.

Finally

this

Plaintiff

would

request

the

Court

to

seek

opinions

of

Evirorimental

conditions

which

are

obvious

in

the

evidence

from

The

Dept

of

Public

Health

and

the

CDC

as

to

Short

term

acute

and

long

term

Exposure

to

the

Defendants

practices.

---

IN

THE

CIRCUIT

COURT

OF

THE

FOURTH

JUDICIAL

CIRCUIT

MONTGOMERY

COUNTY,

ILLINOIS

PILED

JERRALD

R

WEST

II,

)

NOV

13

2007

Plaintiff

MARY

WEBB

Circuit

Court

Clerk

4TH

Judicial

Circuit

vs.

)

NO.

07-L-25

)

THE

NOKOMIS

QUARRY,

ITS

)

OWNERS

AND

EXECUTIVES,

)

)

Defendants.

)

DEFENDANT’S

MOTION

TO

DISMISS

AND

STRIKE

PLAINTIFF’S

COMPLAINT

NOW

COMES

NOKOMIS

QUARRY

COMPANY,

a

Corporation,

incorrectly

named

The

Nokomis

Quarry

in

Plaintiffs

Complaint,

by

its

attorneys,

Samuels,

Miller,

Schroeder,

Jackson

&

Sly,

LLP,

and

in

support

of

its

Motion

to

Dismiss

and

Strike

Plaintiffs

Complaint,

says:

1.

This

Motion

is

made

pursuant

to

several

provisions

of

the

Illinois

Code

of

Civil

Procedure.

2.

Section

2-6

12

of

the

Illinois

Code

of

Civil

Procedure

states,

in

part,

that

if

any

pleading

is

insufficient

in

substance

or

form

or

if

the

pleadings

do

not

sufficiently

define

the

issues,

the

Court

may

order

other

pleadings

prepared.

3.

In

Plaintiffs

Complaint,

it

is

difficult,

if

not

impossible,

to

determine

what

‘actions”

the

Plaintiff

is

complaining

about.

The

Complaint

may

be

based

on

an

exposure

to

‘fugitive

particulate

matter”.

However,

the

Plaintiff

does

not

specifically

state

what

matter

it

is,

how

the

Plaintiff

was

exposed

to

the

particulate

matter

and

how

the

Defendant,

Nokomis

Quarry

Company,

was

involved

in

the

exposure.

---

-2-

4.

The

Plaintiff

also

recites

that

“blatant

violations”

of

the

Illinois

Administrative

Code

may

have

been

committed,

but

he

does

not

specifically

indicate

to

what

he

is

referring

and

how

the

Defendant,

Nokomis

Quarry

Company,

was

involved.

5.

Therefore,

Plaintiffs

Complaint

should

be

dismissed

by

the

Court

because

it

does

not

comply

with

Section

2-612

of

the

Illinois

Code

of

Civil

Procedure.

6.

Section

2-613

of

the

Illinois

Code

of

Civil

Procedure

states,

in

part,

that

parties

may

plead

as

many

causes

of

action

as

they

may

have.

However,

each

cause

of

action

shall

be

separately

designated

and

numbered.

7.

In

this

case,

the

names

of

the

Defendants

and

the

cause(s)

of

action

against

each

are

unclear.

The

Complaint

recites

a

pleading

against

“The

Nokomis

Quarry,

Its

Owners

and

Executives”.

Furthermore,

the

only

named

Plaintiff

is

Jerrald

R.

West

II.

However,

the

Plaintiff

seeks

damages

for

five

(5)

unidentified

members

of

his

immediate

family.

8.

Therefore,

Plaintiffs

Complaint

should

be

dismissed

by

the

Court

because

it

does

not

comply

with

Section

2-613

of

the

Illinois

Code

of

Civil

Procedure.

9.

Plaintiffs

Complaint

is

also

in

violation

ofSection

2-615

of

the

Illinois

Code

ofCivil

Procedure.

10.

The

allegations

of

the

Complaint

are

substantially

insufficient

in

law

in

that

the

pleading

fails

to

state

a

cause

of

action.

Again,

it

is

difficult

to

determine

what

Plaintiff

is

complaining

of,

but

the

pleading

may

be

stating

that

the

Defendant

sold

a

“defective

product”.

---

-3-

However,

Plaintiffs

Complaint

fails

to

disclose

what

defective

product

was

sold,

when

it

was

sold,

to

whom

it

was

sold

and

how

it

was

defective.

11.

Plaintiffs

Complaint

recites

numerous

conclusions

of

law

and

fact.

In

one

of

the

paragraphs,

the

Complaint

states

that

“It

is

reasonable

for

the

Court

to

assume

that

the

defendant

knows

the

effects

of

Crystaline

Silica

Dust

and

Quarry

Lime

on

the

Human

Body

as

well

as

its

own

Employees.”

That

statement

is

a

conclusion

not

supported

by

specific

facts.

12.

In

another

paragraph

of

the

Complaint,

it

implies

that

Defendant,

Nokomis

Quarry

Company,

has

committed

“Blatant

violations

of

(the)

Illinois

Administrative

Code.”

However,

that

allegation

is

a

conclusion

not

supported

by

specific

facts.

13.

Plaintiffs

Complaint

also

refers

to

“Unregulated

Emissions

from

Quarry

operations

are

poisoning

air

quality.”

That

statement

should

be

stricken

from

Plaintiffs

Complaint

inasmuch

as

it

is

a

conclusion

not

supported

by

specific

facts.

The

Complaint

also

refers

to

“the

Quarry

premises”

but

does

not

describe

with

specificity

the

particular

premises

referred

to

by

Plaintiff.

14.

Inasmuch

as

Plaintiffs

Complaint

is

based

on

numerous

conclusions

of

law

and

fact,

the

Complaint

should

be

dismissed

because

it

does

not

comply

with

Section

2-615

of

the

Illinois

Code

of

Civil

procedure.

15.

Plaintiffs

Complaint

also

requests

in

the

prayer

for

relief

money

damages

and

other

remedies.

No

specific

facts

are

pled

in

the

Complaint

which

support

Plaintiffs

requests

and

the

language

seeking

those

remedies

should

be

stricken

from

the

Complaint.

---

-4-

WHEREFORE,

the

Defendant,

NOKOMIS

QUARRY

COMPANY,

a

Corporation,

requests

that

its

Motion

to

Dismiss

and

Strike

be

allowed

and

Plaintiffs

Complaint

be

dismissed

with

prejudice

and

the

Court

enter

any

other

relief

deemed

just

and

proper.

NOKOMIS

QUARRY

COMPANY,

a

Corporation,

Defendant

SAMUELS,

MILLER,

SCHROEDER,

JACKSON

&

SLY,

LLP

Zt2

One

of

Its

Attorneys

CERTIFICATE

OF

SERVICE

The

undersigned

hereby

certifies

that

on

the

9

th

day

of

November,

2007

he

served

a

copy

of

the

foregoing

Motion

to

Dismiss

by

Nokomis

Quarry

Company,

or

in

the

Alternative

Strike

Portions

of

the

Plaintiffs

Complaint

by

depositing

the

same

in

a

United

States

Post

Office

Box

enclosed

in

an

envelope

with

postage

fully

prepaid

upon

the

following:

Jerrald

R

West

II

P.O.

Box

181

Witt,

IL

62094

EDWARD

Q.

COSTA

SAMUELS,

MILLER,

SCHROEDER,

JACKSON

&

SLY,

LLP

Attorneys

for

Nokomis

Quarry

Company

225

North

Water

Street,

Suite

301

P.

0.

Box

1400

Decatur,

IL

62525-1400

Telephone:

(217)

429-4325

---

STATE

OF

ILLiNOIS

MONTGOMERY

COUNTY

TO:

Illinois

Circuit

Court

In

the

Matter

of:

Jerrald

R

West

II

{Plaintiff}

P.O,

Box

#181

Witt,

1162094

vs

Nokomis

Quarry

Company

23311

Taylorvile

road

EC

28

2007

Nokomis

Ii

62075

{

Defendant

#1

}

,..‘lARYWE

‘—Ircujf

4TH

JUdipCcIerk

COMPLAINT

Now

comes

Jerrald

R

West

II

{an

injured

party}

by

and

through

his

attorney

{Himself}

Requesting

a

Jury

Trial

at

which

time

civil

damages

REAL

and

ONGOING

shall

be

sought

by

preponderance

of

the

evidence

and

Established

FACT.

CAUSE

OF

ACTION

1.

This

Plaintiff

brings

this

action

Stating

“in

fact”

that

over

a

period

of

several

years

the

Defendant

has

sold

defective

Limestone

based

Road

product

which

has

caused

CUMMULATIVE

TOXIC

and

DRY

air

conditions

within

the

city

of

Witt,

and

Surrounding

geography.

Chip

rock

and

Road

Pack

on

Witt

City

streets

and

driveways

is

Aerosolizing

at

speeds

not

exceeding

25

mph

with

each

passing

vehicle.

As

well

Fugitive

particulate

limestone

matter

[air

pollution]

is

being

emitted

from

the

Defendants

premises

exactly

1.3

and

2.3

miles

North

of

Nokomis

on

Taylorville

Road

Approximately

4

Miles

from

my

home

with

the

permission

of

the

State.

NO

REAL

CONTAINMENT

and

processing

on

open

ground

with

particulates

smaller

thanthe

naked

eye

can

see

{<

10

Micrometers

in

diameter).

The

aforementioned

Airborne

Particles

have

and

are

causing

Chronic

Bronchitis,

Shortness

of

breath,

Pneumonia,

1

---

Gagging

from

dry

throat,

Hard

coughing,

Unconsciousness,

Pulled

muscles,

and

chrome

inflammation

with

ongoing

and

repeat

exposure.

Exhaustive

countermeasures

taken

have

as

well

served

to

oppress

this

Plaintiff

and

his

family.

2.

Let

it

be

established

in

fact

that

the

Additional

use

of

lime

by

Witt

Elevator,

Tracking

by

cars

and

trucks,

Incorporation

into

farm

soils

annually,

power

plant

emissions,

Harvest

activities,

Open

pile

Witt

City

rock

storage,

normal

variations

in

weather

and

wind,

Transportation

of

grain,

Hanson

Material

service

operating

next

door,

Individual

Indoor

Hygiene

practices,

all

obviously

play

a

role

in

this

individuals

acute

and

cumulative

exposure.

However,

it

appears

that

all

of

the

aforementioned

factors

have

a

PRIMARY

SOURCE.

3.

The

Defendant

is

regulated

Specifically

by

Ii

ADM,

Code

Title

#35

Specifically

part

212.301,

Il

EPA

act

at

[415

TLCS

5/1

et

secij,

and

US

EPA

62fr-38652

pmlO

designation,

yet

it

is

my

understanding

from

Dean

Hayden

an

official

of

the

IL

EPA

that

Nokomis

Quarry

has

been

issued

a

permit

to

pollute.

A

permit

is

in

direct

conflict

with

the

purposes

of

the

aforementioned

code,

Act,

and

Particulate

designation.

4.

It

is

beyond

belief

that

a

substance

known

to

behave

as

a

Coagulant

In

Paper,

a

Hardener

In

Concrete,

a

Dissolver

of

Dead

Bodies,

a

Bacteria

suppressant

in

Livestock

yards,

Neutralizer

of

Acid

in

soil,

an

Alkalinity

promoter,

Bonding

agent,

Extraction

agent,

Drying

agent,

Among

other

uses,

is

being

allowed

to

aerosolize

in

this

manner

with

what

appears

to

be

dysfunctional

regulatory

practices

at

the

state

level.

{See

source

data

section

for

supporting

materials}

5.

As

well

the

human

body

specifically

rEquires

unimpeded

fluid

and

gas

flows

to

properly

function.

After

cumulative

factoring

of

the

situation

based

on

Visible

arid

not

so

visible

concentrations

of

fme

particulates

and

duration

of

exposure

both

acute

and

long

term

with

and

without

countermeasures

this

plaintiffs

exposure

meets

or

exceeds

that

of

a

quarry

worker

“Involuntarily”.

Therefore

Remedy

Sought

---

6.This

Plamtiff

now

seeks

a

Civil

Jury

Trial

at

which

time

damages

in

the

amount

of

6,000,000

will

be

sought

for

the

Obvious

Degenerative,

systemic

and

acute

poisoning

inflicted

upon

this

Plaintiffs

body.

As

well

as

emotional

and

Financial

stresses

associated

with

at

least

5

“Known”

years

of

nearly

continuous

Exposure.

Amount

of

damages

sought

is

based

on

Real

damages

both

Economic

and

non

economic,

Laborious

exhaustive

countermeasures,

past

,

present,

and

future

health

concerns

as

well

as

individual

earnings

potential.

This

plaintiff

shall

rely

on

the

Juries

wisdom

based

on

the

evidence

in

determining

any

adjustments

to

the

aforementioned

amount

sought.

7.

Although

this

plaintiff

concedes

the

“original”

Complaint

filed

October,

26.

2007

was

somewhat

fragmented

in

form

its

Substance

was

very

clear

and

specific.

Therefore,

this

Plaintiff

has

prepared

this

Complaint

to

replace

the

original

filing

and

prays

the

court

finds

both

its

form

and

substance

suffient

to

allow

pre-

trial

Discovery

or

in

the

Alternative

allow

this

Complaint

to

stand

in

order

to

allow

this

Plaintiff

time

to

seek

Assistance

of

the

Attorney

General

as

recommended

by

the

Court.

8.

A

multi

agency

Complaint

has

as

well

been

made

to

the

Ii

EPA,

US

EPA,

MSHA,

NIH,

CDC,

and

Illinois

Attorney

General.

{Attached}

9.This

plaintiff

has

no

objections

to

the

court

taking

ample

time

to

thoroughly

explore

the

merits

of

this

case.

To

aid

in

this

exploration

Data

sources

and

Plaintiff

Credentials

have

been

provided.

(See

Attachrnents}

10.

Other

Discovery

marked

“Evidence

Submission”

in

original

complaint

remains

unchanged.

In

fact

More

issues

have

come

to

light

since

the

filing

of

the

original

complaint

regarding

agricultural

use

fineness

standards

and

source

of

materials

on

Witt

city

streets.

11.

It

Appears

based

on

conversation

with

the

Witt

City

clerk

the

City

uses

an

independent

contractor

Dooleys

Truck

Service

to

apply

the

rock

and

oil

to

the

streets

and

The

city

purchases

Rock

to

do

so

several

months

prior

to

application.

Rock

is

stored

in

open

piles

at

the

city

shed

til

such

time.

Also

the

City

of

Witt

Randomly

purchases

Rock

and

road

pack

---

from

both

Hanson

Material

Service

and

the

Nokomis

Quarry

Company,

based

on

price

and

availability

at

each

site.

Within

a

mile

of

each

other.

Therefore

12.

The

plamtiff

motions

the

court

to

acknowledge

shared

Responsibility

should

exist

for

emissions

at

each

site

and

conditions

specific

to

Witt

City

streets.

which

will

allow

for

this

complaint

to

be

consolidated

to

serve

as

complaint

to

both

parties.

A

separate

filing

is

needed

for

Hanson

Material

Service

Corporation

and

Possibly

General

Dynamics

Which

shall

be

completed

by

the

Plaintiff

Upon

Direction

of

the

Court.

13.

In

other

words

it

does

not

matter

to

this

plaintiff

if

all

parties

want

to

combine

resources.

This

would

save

everyone

involved

a

lot

of

time

and

money.

14.

Both

parties

practices

Appear

the

same

or

similar

and

both

sell

various

limestone

based

materials

randomly

to

the

City

of

Witt

from

earthen

material

mined

and

processed

from

a

proximity

within

a

mile

of

one

another

contributing

equally

to

cumulative

exposure

and

providing

defective

materials

which

are

of

a

Hazardous

fine

consistency

and

behave

in

a

dangerous

manner.

15.

Finally,

It

is

obvious

to

this

plaintiff

after

fully

reviewing

title

#35

that

a

rule

or

code

based

on

visible

Particulates

is

inadequate

in

judging

amount

emitted

by

the

pound.

Since

Limestone

has

varying

degrees

of

density

and

Weight

based

on

multiple

substances

commonly

found

in

Limestone,

and

High

quality

Aglime

which

has

a

particulate

size

smaller

than

the

naked

eye

can

see.

This

makes

for

a

false

sense

of

security

htng

to

cm”

iree

eoosme

and

buildups

ofpvices

iernainin

fugitive

on

the

earths

surface.

16.

This

Plaintiff

Prays

the

court

shall

find

this

case

has

merit

based

on

conditions

documented

at

both

sites

and

concerns

regarding

Cumulative

Exposure

when

Factoring

all

Sources.

---

17.

In

conclusion

this

Plaintiff

means

the

Defendants

no

undue

harm

in

bringing

these

proceedings

and

prays

the

defendants

will

change

the

aforementioned

processing

practices

and

resolve

housekeeping

issues

in

a

safer

manner.

Sincerely

Jerrald

R

West

II

P.O.

Box

#181

214

W

Mitchell

st

Witt,

IL

62094.

---

Attachment

A

Discovery

Disclosure

DATA

SOuRCES

VOLUNTARY

DISCLOSURE

Written

Material

Public

Record

18.

Illinois

blue

book

of

Government

1963-64,

Specifically

pg.

598

{Reflecting

85%

of

Illinois

surface

area

being

used

for

Agriculture

as

early

as

1963).

“Public

Record”

19.

2005-200611

handbook

of

Government

printed

by

the

authority

of

the

Secretary

of

State.

Specifically

pg.

60.

{Reflecting

the

current

established

purpose

of

the

Illinois

Environmental

Agency}.

Specifically,

pg.

103

Article

I.

Bill

of

Rights,

see,

1.

Specifically,

pg.

105

Article

I.

see,

12.

“rights

toremedy

and

Justice.

20.

The

Lincoln

Library

of

Essential

Information

,

Frontier

Press,

Buffalo,

New

York.

1938.

{Self

Instruction

manual)

List

of

Contributors

and

Editors

pg.

12.

Specifically

Minerology

Science

section

beginning

on

pg.

896.

{Detailed

scope

of

purpose

{definitions

of

lime

and

Limestone

as

well

as

common

uses}

21.

Illinois

Limestone

Producers

program

Data

brochure

2007

from

DOA,

and

DOT.

Reflecting

participation

by

both

Qefendants.

{With

specific

Data

as

to

fineness

affecting

efficiency}.

Public

Records

Internet

22.

www.purchase.state.il.us/vendorinfo

Reflects

State

award

2006

for

aggregate

Defendant

1

Nokomis

Quarry

Company.

REF#

215005.

Contact:

Brent

Barns

785-1659.

To

verify

Defendants

relationship

with’

State

of

Illinois

---

Supporting

Written

Medical

Data

References

23.

Human

Physiology

College

Medical

Text,

Pierce

College.

Copyright,

1987.

Specifically,

pg.

31,

regarding

ph

level

in

human

body

and

role

of

Carbonic

acid.

Pg.

444

Regarding

Inflanunation,

Pulmonary

Fibrossis,

and

gas

exchange.

Pg.

572

Role

of

Liver

in

filtering

blood.

Pg.

453,

Effects

of

blood

Pco2

and

PH

onventilation.

24.

Lippincott

manual

of

nursing

practice

Copyright

1974.

Distributed

at

Oxford,

London,

Edinburg.

College

text

reflecting

relationship

with

Hyper

ParaThyroidism

and

Calcium

levels

relating

to

Kidney

stones.

25.

Encyclopedia

and

Dictionary

of

Medicine

and

nursing

By

Benjamin

F.

Miller

MD.

And

Claire

Brackman

Keane,

RN,

B.S.

Copyright

1972.

Reflects

various

uses

of

limestone

in

Medication

Compounds

and

Defines

Medical

condition

and

Symptomology.

Internet

Sources

26.

www.msha.gov

Mine

Safety

and

Health

Administration.

Position

that

Exposure

to

respirable

particles

10

Micrometers

or

less

can

overcome

bodies

natural

defenses.

Key

Search

Silicosis.

27.

www.il.gpy

Location

of

CERCLA

Data,

Specifically

Reporting

requirements

for

major

sources.

28.

www.atsdr.cdc.

gov

{Center

for

Environmental

health}

specifically

data

Relating

to

Dermal

Exposure,

Inhalation,

and

Oral

Exposure

of

Calcium

Fluoride.

Ph.

770-488-7000

29.

www.

cdc.

gov/niosh/pvfs/O2

-129

OSHA

Particulate

Exposure

limit

.05mg/rn

to

the

3

power

at

a

time

and

weight

average.

30.

www.niehs.gov

National

Institute

of

Environmental

Health

Sciences

has

posted

data

regarding

PM

2.5

Micrometers

“Short

term

exposure”

greatly

increases

risk

of

Heart

Disease.

As

well

Long

Term

Exposure

to

particulate

matter

<pmlO

exposure

is

strongly

associated

with

Ischemic

Heart

Disease,

Dysrhythmias,

{irregular

beat]

Heart

Failure

and

arrest.

George

Thurston,

Sc.D.

Phd.

Contact

Kimberly

Gray

919-541-5125

---

GOVERNMENT

DATA

SOURCES

Individuals

contacted

Supported

by

Affidavit

31.

Illinois

EPA

Employees

Dean

Hayden

{Supervisor}

Ph.

309-

693-5461,

Steve

Youngblood,

{Air

Division)

ph.

217-786-6329.

Laurie

Brinkmann

“Inspector”.

Status

Ongoing.

32.

US

EPA

Employees

Tinka

Hyde,

John

Summerhaze

{Particulate

Section)

Ph.

312-886-6067.

Stated:

“If

it

is

in

the

air

it

is

HAZARDOUS.

Brent

Marable

Enforcement

Investigator

US

EPA

has

and

is

investigating.

{Has

Viewed

some

Photography

only)

Status

ongoing.

33.

MSHA

Contact

with

Kevin

Legrand

{Supervisor}

8

15-223-

0697.

Disussed

situation

suggested

I

Consider

filing

Complaint

with

MSHA

at

website.

Informed

also

of

Material

data

safety

sheet

for

Limestone

which

Apparently

is

supposed

to

be

given

to

the

City

of

Witt

at

time

of

Material

purchase

Status

Ongoing.

These

are

sources

reviewed

or

conversations

conducted

within

last

60

days.

Limestone

Breakdown

Supporting

data

source

34www.

Wiicipedia.

corn

search

Key

Word

Lime

and

Limestone.

35.

Numerous

Dictionaries

Websters

Encyclopedia,

Medical,

and

Lincoln

Library

of

Essential

Information.

“Verifies

Industry

uses”

All

materials

can

be

made

available

to

the

Defendants

upon

request.

---

“Original”

Evidence

Submission

and

Extended

Exhibit

list

36.

Exhibit

1-7,

taken

afternoon

of

10/09/07,

Consisting

of

26

pictures

with

date

encodement

Reflecting

air

conditions

in

Witt,

Nokomis

proximity

in

one

65

minute

period.

37.

Exhibit

8,

reflecting

existence

of

white

rock

on

surface

of

Witt

city

streets.

On

or

prior

to

6/11/02

38.

Exhibit

9,

27

Pictures

taken

10/23/05

Begimiing

Just

after

Noon

Showing

various

air

conditions

in

and

around

Plaintiffswork

and

home

verifying

sample

collection.

39.Exhibit

10.

Randomly

timed

video

evidence

documenting

conditions

at

Quarry

and

Witt,

Nokomis

Proximity

Reflecting

air

conditions,

Real

emissions,

and

Physical

conditions

at

both

NokomisQuarry

Company

and

Material

Service

Corp.

Beginning

on

10/10/07

after

camera

purchase

to

ongoing.

Consists

of

no

less

than

3-

40

minute

DV

Tapes.

40.

Exhibit

11.

Copy

of

Title

#35

Guideline

Regarding

suspended

Particulate

matter,

Specifically,

212.30

1,

Subpart

K.

41.

Exhibit

12.

Actual

samples

from

Witt

City

Streets

collected

10/23/05

documented

and

supported

by

Picture

and

affidavit.

42.

Exhibit

13.

Sample

Suspended

in

water

with

control

sample

of

tap

water.

43.

Exhibit

14.

20”

by

30”

Limestone

industry

Breakdown

poster,

and

2

20”

by

30”

Picture

posters

from.

aforementioned

Exhibit

1-7

taken

10/9/07.

44.

Numerous

street

samples

documented

in

Exhibit

10

DV

tapes.

Note:

Evidence

collection

is

ongoing

---

I

(415

ILCS

5/3.115)

(was

415

ILCS

5/3.02)

Sec.

3.115.

Air

pollution.

“Air

pollution”

is.

the

presence

in

the

atmosphere

of

one

or

more

contaminants

in

sufficient

quantities

and

of

uch

characteristics

and

duration

as

tà

be

injurious

to

human,

plant,

or

animal

life,

to

health,

or

to

property,

or

to

unreasonably

interfere

with

the

enjoyment

of

lif&or

property.

(Source:

PA.

92—574,

eff.

6—26—02.)

(415

ILCS

5/3.120)

(was

415

ILCS

5/3.03)

Sec.

3.120.

Air

pollution

control

equipment.

‘FAir

pollution

control

equipment”

means

any

equipment

or

facility

of

a

type

intended

to

eliminate,

prevent,

reduce

or

control

the

emission

of

specified

air

contaminants

to

the

atmosphere.

equiprcientincludes,

but

isnot

limited

to,

landfill

gas

recovery

facilities.

(Source:

P.A.

92—574,

eff.

6—26—02.)

---

-

‘-I

(Source:

Amended

at

20

III.

Reg.7605,

effective

May

22,

1996)

Section

211209

Village

of

Win

netka

Generating

Station

(Repealed)

(Source:

Repealed

at

20111.

Reg.

7605,

effective

May

22,

1996)

Section

212.210

Emissions

Limitations

for

Certain

Fuel

Combustion

Emission

Units

Located

in

the

Vicinity

of

Granite

City

a)

No

person

shall

cause

or

allow

emissions

of

PM-I

0

into

the

atmosphere

to

exceed

12.9

ng/J

(0.03

lbs/mrnbtu)

of

heat

input

from

fuels

other

than

natural

gas

during

any

one

hour

period

from

any

industrial

fuel

combustion

emission

units,

other

than

in

an

integrated

iron

and

steel

plant,

located

in

the

vicinity

of

Granite

City,

which

area

is

defined

in

Section

2J2.324(a)([)(C)ofthisSubpart.

-

-

-

-

b)

Emission

units

shall

comply

with

the

emissions

limitations

of

this

Section

by

May

II,

1993,

or

upon

initial

start-up,

whichever

occurs

later.

(Source:

Amended

at

20

111.

Reg.7605,

effective

May

22,

1996)

SUBPART

K:

FUGITIVE

PARTICULATE

MATFER

Section

212.301

Fugitive

Particulate

Matter

No

person

shall

cause

or

allow

the

emission

of

fugitive

particulate

matter

from

a

including

tial

2

andlin

or

storage

activity,

that

is

visible

by

an

observer

looking

generally

toward

the

zenith

at

a

point

beyond

th

property

line

of

the

spure.

(Source:

Amended

at

20

Ill.

Reg.7605,

effective

May

22,

1996)

Section

212.302

Geographical

Areas

of

Application

a)

Seétions

212.304

through

212.3

10

and

212.312

of

this

Subpart

shall

apply

to

all

mining

operations

(SiC

major

groups

10

through

14),

manufacturing

operations

(SIC

major

groups

20

through

39

except

for

those

operations

subject

to

Subpart

S

of

this

Part

(Grain-Handling

and

Grain-Drying

Operations)

that

are

outside

the

areas

defined

in

Section

21

2.324(a)(

1)

of

this

Part),

and

electric

generating

operations

(SIC

group

491),

which

are

located

in

the

areas

defined

by

the

boundaries

of

the

following

townships,

notwithstanding

any

political

subdivisions

contained

therein,

as

the

township

boundaries

were

defined

on

October

1,

1979,

in

the

following

counties

Cook:

All

townships

I

if

1-i

---

State

of

Illinois

Rod

R

Blagojevich,

Governor

ej:

/7

9_—-

Department

of

Agriculture

t

lj

VharIes

Hartke,

Director

.IIIiAoisVoluntary

.

Limestone

Program

V

PRODUCER

INFORMATION

V

August

2007

Edition

•

Produced

by:

V

V

•

V

Illinois

Department

of

Agriculture

Illinois

Department

of

Transportation

I

-

--

1

•

illinois

Department

of

Agriculture

/7

---

The

application

of

limestone

to

iois

cropland

is

a

time

tested

method

controlling

soil

acidity.

It

can

help

aintain

optimum

nutrient,

availability

-d

consequently,

crop

production.

However,

variations

in

limestone

uality

from

the

many

sources

available

farmers

can

make

consistent

and

onomical

application

difficult

This

.blication

indexesmanylilinoissources

fagricuftural

limestone

as

a

function

of

?ireffective

neutralizing

value.

Calcium

rbonate

Equivalents

and

Ftneness

mciencyof

the

different

limestones

have

“been

figured

for

the

producer.

The

result

is

a

correction

factor

tthe

end

of

each

entry.

Multiply

this

qure

by

the

ton-per-acre

of

limestone

commended

in

your

soil

test

for

the

r-’rrect

application

rate

of

each

quarry’s

.stone.

Theappilcation

ratenumberisfigured

with

a

one

and

four

year

conversion

rate.

Figuring

ENV

for

one

year

conversion

rates

The

effective

neutralizing

value

of

a

limestone

product

is

determined

by

multiplying

the

Calcium

Carbonate

Equivalent

(CCE

given

in

booklet)

by

the

total

fineness

efficiency

value

(TFEV).

You

must

figure

this

from

data

included

in

the

booklet.

Total

fineness

efficiency

values

(TFEVs)

are

determined

byfirstobtaining

the

weight

percent

(multiply

by

.01)

of

stone

in

the

four

particle

size

interva’s.

-

seare:

i.

..reater

than

#8

mesh

2.

#8to

#30

mesh

3.

#30

to

#60

mesh

4.

#60

and

finer

mesh.

Obtain

the

greater

than

#8

mesh

figure

bysubtracting

the

#8

mesh

percent

weight

from

1.00,

to

obtain

the

#8

to

#30

mesh,

subtract

the

percent

passing

#

30

from

the

percertpassing

#8

to

obtainthe

#30

to

#60

figure,

subtract

the

#60

from

,the

#30.

The

passing

#60

figure

is

already

given

in

the

table.

Here

is

an

exampleTFEVcomputation

for

particle

size

intervals.

tepl

nes

County

Cr

Stone

)

ep2

Multiply

by

.01)

ep

3

•

.J0-.859

(#8

figure

for

#8

larger

particle

size)

=

.141

ep

4

,

One

Year

Conversion

Constants*

The

four

bold

constants

are

always

used

when

figuring

1

year

conversion

rates.

41

xS=.70

507

x

20=

10.14

138

x50=6.90

14

x

100=

21.4

39.14

=Total

Fineness

Efficiency

Value

ep

5

(TFEV)

39.14

x

(CCE)

.9363

=

36.65

(product)

ep

6

Always

divide

the

product

of

step

5

into

46.35.

One

Year

application

Rate

46.35

36.65

=

1.26

Step

7

26

x

(ton-per-acre

recommendation

in

your

soil

analysis)

=

ton-per-acre

of

Jones

County

Cr

Stone

to

apply.

Particle

Size

Interval

Analysis

Passing

Passing

Passing

#8

#30

#60

85.9

‘

35.2

21.4

Weight

Percent

.859

.352

.214

13

---

LIMESTONE

PRC

AM

PRODUCER

INFORMATION

-2OO

...

V

CORRECTION

‘OUNTY

CITY

STOCKPILE

OR

PASS

PASS

PASS

FACTORS

RODUCER

NAME

ADDRESS

LEDGE

LOCATION

CCE

MG

#8

#30

#60

1

YEAR

4

YEAR

i1ADISON

V

V

.BYQUARRY

ALTON

LDG

5,

26

87.40

V

3.00

67.8

29.5

20.7

1.54

1.50

31192-03

V

V

WFFCITYQUARRY

ALTON

LEDGE

I

&

2,75.1

89.77

0.72

84.6

44.0

30.9

1.11

1.16

(22.9

M).

COARSE

1192-02

SE.

EDGE

AGG

LIME.

HIGH

CAL

PELLET

LIME

ALTON

LEDGES

1

&

2,

84.67

0.41

100.0

100.0

100.0

V

0.55

0.80

75.1’

(22.9

M)

192-04

V

<IMATERIALS

GODFREY

VARIOUS

83.14

7.16

89.5

54.4

40.9

1.10

1.13

‘192-01

V

N.

MCDONOUGH

NTRAL

STONE

51092-03

TENNESSEE

3.5

MI.

S.

.ENARD

V

MATERIALSERVICE

ATHENS

COMBINED

81.68

1.31

88.6

43.2

30.8

1.22

1.26

‘

LEDGES

V

1292-02

4

MI.

N.

]ONROE

OLUMBIAQUARRY

COLUMBIA

LDG1-3A,

94.02

1.44

88.1

40.1

24.1

1.17

1.13

COARSE

AG.

LIME

632-01

2.5

MI.

N.E.

SAMPLE.

DLUMBIAQUARRY

WATERLOO

LDG

1-3,

COARSE

93.11

2.72

92.6

45.9

31.4

1.03

1.07

.

AG.

LIME

SAMPLE.

51332-04

3M1.E.

MONTGOMERY

.

TERIALSERVICE

NOKOMIS

COMBINED

91.77

0.59

100.0

98.8

91.6

0.53

0.74

LEDGES

352-04

3

MI.

NVWV

4ATERIALSERVICE

NOKOMIS

COMBINED

9111

060

83.4

35.6

22.8

128

124

LEDGES

352-01

3

MI.

N.

JOKOMIS

QUARRY

NOKOMIS

COMBINED

92.51

0.49

79.6

34.0

19.9

1.35

1.27

LEDGES

COARSE

‘352-03

4

MI.

N.

AGG.

LIME

)KOMIS

QUARRY

NOKOMIS

COMBINED

92.78

0.67

99.6

51.9

30.5

0.98

0.99

LEDGES

P

51O3___

I

DGLE

2...

SCHER

EXCAVATING

MONROE

0-12.2M,

N.

FACE

97.95

11.77

79.7

48.3

36.6

0.95

1.05

CENTER

.412-OO

2

MI.

N.

V

70’

LEDGE

87.79

2.50

54.6

37.4

0.98

90.7

1.06

9

---

Comprehensive

Multi

—

Agency

Environmental

Complaint

To:

IL

EPA,

US

EPA,

MSHA,

Illinois

Dept

Public

Health,

CDC,

NTH,

and

The

Illinois

Attorney

General.

From:

Jerrald

R

West

II

I

have

lived

in

Montgomery

County

in

the

City

of

Witt

since

1992.

Over

a

period

of

several

years

I

have

made

occasion

to

notice

an

increased

drying

effect

with

exposure

to

wind

and

weather.

As

well

Fugitive

Visible

Clouds

viewed

from

a

distance

are

not

readily

visible

from

within

the

cloud

itself.

These

clouds

exist

on

a

color

scale

of

white

to

blue/gray.

When

exposed

these

clouds

have

been

causing

a

drying

effect

in

my

lungs.

I

have

coughed

so

hard

that

I

have

lost

conciousness.

I

have

as

well

battled

numerous

respiratory

conditions

including

Pneumonia,

Chronic

Bronchitis,

Laryngitis,

and

Pluracy.

This

accompanied

with

Adrenal

responses

and

labored

breathing

from

acute

exposure.

It

is

clear

after

reviewing

tracking

processes

relating

to

wind,

weather,

Vehicles,

Humans,

Playing

children,

and

release

sources

that

Cumulative

regulation

is

non

existent

and

State

recources

limited.

After

carefully

FACTORING

and

DOCTJMENTING

these

conditions

based

on

Video,

Pictures,

Discussion

with

the

public,

Farmers

and

Limestone

Industry

workers,

Not

to

mention

100’s

of

hours

accumulating

Data

from

Government

sources,

Analysis

of

industry

Structure

and

scope

of

Enforcement/Industry

trends

as

well

as

simpleexperiments.

It

has

become

clear

that

“Simple

Public

Health

and

Environmental

based

issues

are

being

suppressed

through

the

systematic

focus

on

individual

Behavior,

and

Genetics

as

the

cause

for

all

Disease

completely

ignoring

Environmental

Factors.

Fact:

---

Miners

surface

and

underground

are

taught

Countermeasures

related

to

both

acute

and

Long

term

exposure

to

Mineral

Dusts.

OSHA

has

many,

duration

substance,

and

concentration

based

exposure

limits

for

workers

in

contained

factory

settings

yet

there

appears

to

be

no

containment

at

the

open

ground

Quarry

processing

sites

protecting

the

public

Specifically

1.3

and

2.3

miles

North

of

Nokomis

on

Taylorville

road

in

Montgomery

County.

The

scope

of

Limestones

use

in

industry

is

enormous

and

includes

Department

of

defense

contracts.

Responsible

handling

of

this

earthen

material

is

a

must.

Limestone

is

known

to

have

varying

degrees

of

numerous

substances

strictly

regulated.

As

well

limestone

can

have

varying

degrees

of

both

electrical

and

magnetic

behavior.

Keeping

these

facts

in

mind

how

can

anyone

justify

the

Preparation

of

Aglime

in

the

open

air

Year

after

Year

much

less

allow

the

Aerosolization

over

many

miles.

I

am

sure

this

is

great

for

Corn

and

the

cheapest

most

efficient

way

to

lime

a

field.

However,

the

carnage

and

human

suffering

Associated

with

Particulates

<Pm

10

being

released

is

of

a

broad,

acute

and

chronic

degenerative

nature.

Particles

which

settle

into

homes,

Limestone

based

city

streets

{Magnetic

Attraction},

Repeat

aerosolization

with

wind

and

weather,

and

foods

which

have

limestone

based

additives

and

minerals

are

Cumulatively

causing

a

number

of

repiratory

related

Ilnesses.

To

compound

this

situation

is

100+

years

of

use

in

farm

fields

and

Construction.

Recently

I

have

been

made

aware

of

a

move

in

the

agricultural

industry

toward

Pm

2.5

which

is

one

fourth

the

size

of

a

visible

particulate.

Given

the

current

Cumulative

situation,

flat

geography,

changing

weather,

and

the

desperate

pursuit

to

produce

cheap

ethanol,

It

is

CLEAR

somebody

needs

to

save

the

farmers

and

industry

from

themselves

and

everyone

else

from

Ignorant

practices

with

a

drying

agent.

In

other

words

if

Pm.

2.5

is

becoming

the

optimum

Liming

Particulate

size

it

Must

be

Mandatory

to

not

allow

even

small

amounts

to

enter

the

atmosphere

{Aerosalize}

at

any

part

of

the

process

unless

and

until

suspended

or

dissolved

in

a

liquid

base

with

proven

dissolution.

This

would

eliminate

the

apparent

temptation

to

apply

dry

to

save

money.

As

well

Simple

recapture

and

containment

equipment

at

the

mines

processing

sites

would

eliminate

the

Quarry

housekeeping

situation.

I

currently

possess

Approx.

3

months

worth

of

video

and

Pictures

from

this

year.

As

well

I

possess

pictures

and

Samples

from

2005.

I

have

been

trying

---

to

get

someone

from

the

Illinois

State

EPA

to

view

this

material

in

its

entirety.

So

far

to

no

avail.

I

make

this

complaint

do

to

the

oppressive

nature

of

this

situation,

Suffering,

And

exhaustive

countermeasures

needed

to

both

maintain

the

health

of

my

family

and

in

operation

of

my

fathers

family

business

{Furniture

store

}

which

was

located

on

rt#

16

next

to

Will

Elevator.

My

father

is

currently

making

plans

to

close

the

business

due

to

the

environmental

hijacking

which

appears

to

be

more

important

than

human

life.

My

father

was

going

to

turn

the

business

over

to

me

and

I

refused

due

to

this

situation

and

my

own

physical

diminishment.

As

well

my

wife

and

children

have

suffered

greatly.

I

have

become

extremely

dissatisfied

with

government

agencies

who

appear

to

be

victims

of

a

NARROW

ADMINISTRATIVE

FOCUS

themselves.

I

am

currently

considered

Disabled

and

cannot

find

a

lawyer

who

handles

this

type

of

case.

I

have

sought

remedy

from

the

US

EPA,

Ii

EPA,

ACLU,

The

Court

and

now

the

illinois

Attorney

General.

THIS

IS

AN

UNPRECEDENTED

VIOLATION

OF

EVERYONES

CONSTITUTIONAL

RIGHTS

and

FREEDOMS

SET

FORTH

IN

THE

US

CONSTITUTION.

Finally,

I

now

appeal

to

the

Attorney

General

of

Illinois

to

assist

in

this

matter

to

protect

and

uphold

my

constitutional

rights

to

Remedy.

I

can’t

find

a

lawyer

to

handle

this

situation

nor

can

I

afford

too

pay

one.

Please

Contact

me

Sincerely

Slowly

Suffocating.

Jerrald

R

West

II

Ph.

217-594-7122

---

Attachment

B

CREDENTIALS

1.

From

the

Years

of

1985

til

1992