ILLINOIS POLLUTION CONTROL BOARD

February

4,

1982

ILLINOIS ENVIRONMENTAL PROTECTION AGENCY,

Complainant,

v.

)

PCB 77-25

MARQUETTE CEMENT MANUFACTURING COMPANY,

)

Respondent.

MR. DENNIS FIELDS,

SPECIAL ASSISTANT ATTORNEY GENERAL, APPEARED

ON BEHALF OF COMPLAINANT;

MR. JOSEPH

S. WRIGHT,

JR., ROO1~S, PITTS, FULLAGAR

AND

POUST,

APPEARED ON BEHALF OF RESPONDENT.

OPINION AND ORDER OF THE BOARD

(by I. Goodman):

On January 21, 1977 the People of the State of Illinois

(People) filed a Complaint against the Marquette Company

(Marquette) alleging violation of certain of the Board’s Air

Pollution Rules and sections of the Illinois Environmental Pro-

tection Act (Act)

at Marquette’s Portland Cement Manufacturing

facility located in or near Oglesby, LaSalle County,

Illinois.

On January 26,

1977 an Amended Complaint was filed substituting

the Illinois Environmental Protection Agency (Agency)

for the

People as Complainant herein.

On February 24, 1978 a second

Amended Complaint was

filed by the Agency alleging violation of

Rules 103(b) (1), l03(b)(2),

105(a),

203(a),

203(f)(2),

301,

307(a)(1)(A), 307(a)(l)(B), 307(a)(2)(A), and 307(a)(2)(B)

of the Board’s Air Pollution Control Regulations and Sections

9(a) and 9(b) of the Act in eleven separate counts.

This matter was continued generally until December,

1979

to allow the parties discovery and negotiation.

A hearing was

held on December 31,

1979, and on December 12,

1980, approx-

imately one year later,

a Proposal for Settlement and Stipula-

tion to Dismiss was filed with the Board.

The Board rejected

the Proposal for Settlement on January

13,

1980 as it did not

dispose of the matter in its entirety and no hearing had been

held pursuant to Rule 331(h) of the Board’s Procedural Rules.

Subsequently, on January

22,

1981,

the Board modified its re-

jection by preliminarily approving the framework of the Proposed

Settlement and ordering the final terms of the settlement to be

presented at a public hearing prior to submission to the Board

for final approval.

A second hearing was held on October 26,

1981 at which a final Proposal for Settlement and Stipulation

45—245

---

2

to Dismiss

(Stipulation) was presented to the Board.

The Stipula-

tion calls for a series of actions by the parties culminating with

the Agency issuing an operating permit to Marquette and mo~ionincj

to dismiss this matter before the Board.

On January

20, 1982 the

parties filed

a Motion for Entry

of Final Order accepting and

approving the parties’ proposed Stipulation and dismissing this

case with prejudice.

The Board has received only favorable pub-

lic comment on this matter.

The proposed Stipulation recites a Statement of Facts as

follows.

Marquette owns and operates a Portland Cement facility,

known as the Oglesby plant, which generates particulate matter

that is emitted into the atmosphere.

The Agency alleges that

at hearing it would offer proof of the violations noted in the

second Amended Complaint, including evidence concerning operating

permits, fugitive particulate matter,

storage silos, and opera-

tion during malfunction, breakdown or startup resulting

in air

pollution and violation of the ambient air quality standards.

Marquette alleges that

at hearing

it would offer evidence to

rebut the Agency’s allegations and,

in addition, would show

various plant improvements related to environmental matters

and the social value and suitability of location of its Oglesby

plant.

The Stipulation recites the facts in more detail which

will, not be repeated here.

In the proposed Stipulation, Marquette agrees

to install

and

operate certain equipment and to operate the Oglesby plant

in accordance with the malfunction, breakdown and shutdown pro-

cedures developed as a result of stack tests conducted by the

parties.

Other duties required of Marquette include reporting

any complaints and air pollution incidents to the Agency and

agreement to institute a program to control fugitive emissions

as agreed between the parties.

Compliance with the terms of

the

Stipulation by Marquette

is to be held in abeyance any time

operation of the Oglesby plant may be terminated and the time

for compliance may be extended for a period negotiated by the

parties to accommodate delays caused by circumstances beyond

the control of Marquette. On acceptance by the Board of the

Stipulation, Marquette shall move to dismiss the case of

Ma~~çement

Manufacturing Comp~ v.

Michael_Mau~y~etal.,

No.

77—MR—8

(Cir.

Ct,, LaSalle County,

Illinois)

and shall pay

a sum of $15,000 to the State of Illinois within thirty-five

(35) days of the date the Board adopts the Final Order dismissing

the Complaint with prejudice.

Upon review of the proposed Stipulation, th~i Board finds

that it is a reasonable resolution of the matte~’~nd ~dequately

protects the environmental concerns of the

Stat’

The Board

shall therefore grant the parties’ January 20,

1

82 motion and

dismiss this action, with prejudice,

in considerition of the

execution of the proposed Stipulation by the parties herein.

45—246

---

3

This Opinion

constitutes the findings of

fact and conclusions

of law of the Board

in this matter.

ORDER

1.

The Illinois Environmental Protection Agency and the

Marquette Company shall execute their duties as recited

in the Settlement Agreement and Stipulation to Dismiss

(Stipulation) filed on October 26,

1981, which Stipulation

is hereby incorporated by reference as

if fully set forth

herein.

2.

The Marquette Company shall pay a sum of $15,000 to the

State of

Illinois within thirty—five

(35)

days of the

date of this Order,

such payment to be made

to:

Fiscal Service Division, Illinois Environmental

Protection Agency,

2200 Churchill Road,

Springfield,

Illinois 62706.

3.

The Complaint, Amended Complaint,

and second Amended Com-

plaint in this matter are hereby dismissed with prejudice.

4.

The Board shall retain jurisdiction in this matter for the

purpose of resolving disputes arising between the parties

under the provisions of the Stipulation,

Board Member D.

Anderson abstained,

IT IS SO ORDERED.

I, Christan L.

Moffett, Clerk of the Illinois Pollution Control

Board, hereby certify th t the above Opinion and Order was adopted

on the

4f

day

of

~

1982 by a vote of

~3—ô.

Board