ILLINOIS

POLLUTION CONTROL BOARD

March

15,

1973

VILLAC4E

OF

VERNON HILLS

#72—411

v.

ENVIRONMENTAL

PROTECTION

AGENCY

ORDER

OF

TIlE

BOARD

(BY

SAMUEL

T.

LAWTON,

JR.):

A

communication

was

received

from

the

Village

President

of

Vernon

Hills stating

that

the

Village

sought

revocation

of

Environmental

Protection Agency Permit

ID

519740

dated

Decem-

ber

9,

1971

The letter recites that the Village

is concerned

about

a

oossible

agreement

between

the

Village

of

Ylundelein

and

Allied

Chemical

Company

for

construction

of

an

asphalt

plant

to

ce

located

north

of

Route

No.

60

and

bounded

on

the

east

by

the

Soo

Line

and

on

the

north

by

the

E.

J.

&

B.

Railroad.

Ref~erencc

is

made

to

a

contemplated

600—acre

development

con-

sisting

of residential units and

a shopping center complex,

which

he immcd~ate1y east of

the propcsed asphalt plant, which

dovetonmsnt,

we

assume,

is within

the

Village

of Vernon Hills.

Refer:eine

is also made

to additional

land that has been annexed

D\

the

Village

on

which

more residential development

is contem-

plated,

also

in

the

vicinity of

tii~

asphalt plant.

The

qravamen

of

the

comr;laint appears

to be that odors,

fumes

and

perticulates

mIght

ne

generated

by

the

asphalt

plant

having

an

ad\T:;’rse

effect

on

the

residents

of

the

Village.

The communication,

to

the

extent

that

it

is construed

as

a complaint,

must be dismissed.

The

matters

alluded

to

are

highly

speculative

and

do

not

constitute

L~e banis

of

a

cause

of

action

at

the

present

time.

We

must

assume,

absent

a

showing

to

the

contrary,

that

the

granting

of

a

permit

by

tee

Env: ronmental

Protection

Agency

was

conditional

ucon

compliance

~eith

alit

relevant

regulations

as

to

particulate

emissions

into

the

air

and

assuranc:

against

odor nuisance.

The

complaint

is accordingly dismissed without prejudice.

In

the

event

the Village

of

Vernon Hills can demonstrate

the actual

or

ikel

v:LofLation of

any

relevant

i:egulation

or

statutory provision

and

HrovLde ade’~uatefacts

to sustain

its allegation,

the Board will

reconsider

its comolaint at

such time.

I.

~:hristan hoffett,

Clerk of

the Illinois Pollution

Control Board,

certie

that

the

above

Order was adopted on the ~~‘day

of March,

1973,

be

a

\T”)l

C

of

to

/~

7

—