ILLINOIS POLLUTION CONTROL BOARD
    November 13,
    1975
    ENVIRONMENTAL PROTECTION AGENCY,
    Complainant,
    v.
    )
    PCB 74—214
    HILLSIDE STONE CORPORATION,
    an Illinois corporation,
    )
    Respondent.
    Mr. Jeffrey
    S.
    Herden, Assistant Attorney General, appeared
    on behalf of Complainant;
    Mr. Henry McGurren, Attorney at
    Law,
    appeared on behalf
    of Respondent.
    OPINION AND ORDER OF THE BOARD
    (by Mr. Goodman):
    This matter comes before the Pollution Control Board,
    (Board), upon the June
    7,
    1974,
    Complaint of the Environ-
    mental Protection Agency,
    (Agency),
    charging Hillside Stone
    Corporation,
    (Hillside), with violating Section 9(a)
    of the
    Environmental Protection Act,
    (Act), and Rule
    102 of the Air
    Regulations.
    Four hearings were held at which there was
    considerable public testimony.
    Hillside owns and operates
    a limestone quarry located
    at Mannheim Road and the Eisenhower Expressway,
    Hillside,
    Cook County,
    Illinois.
    The Agency produced eleven citizen
    witnesses from the area around Hillside.
    Each one testified
    under oath that when the wind was from the west and the
    weather is dry,
    there is an acute dust problem.
    Each one
    stated that they knew that the dust came from Respondent
    because they could see it.
    (Ri.
    6,
    11,
    39,
    65,
    79,
    93; R.2
    4,
    38,
    49,
    75,
    91.)
    The problem is so bad that many of the witnesses stated
    that they had to remain indoors,
    clean more often than at
    other residences,
    and that the dust dried their mucus
    membranes.
    (Rl.
    16,
    40,
    52,
    66,
    84,
    97; R2.
    8,
    92.)
    Several
    witnesses testified
    to the fact that they noticed excessive
    dust on shrubbery and grass and property.
    (Rl.
    25-6,
    80,
    98,
    103,
    106;
    R2.
    93.)
    More particularly,
    Mr.
    Romadka, who lives one—half
    block from the quarry testified that in order to keep his
    car clean he had to wash it three
    times
    a week
    CR1.
    12).
    The dust makes his eyes smart
    (Rl.
    9) and in referring to
    19—282

    —2—
    the dust’s effects on his children he stated:
    “...their
    mouths would be permeated or be infiltrated by this dust.”
    (Rl.
    16)
    Mr. Charek, whose residence
    is one block east of the
    quarry,
    testified
    that when he walked across his lawn “...my
    shoes turned white with the same type of dust.
    .
    .“
    The dust
    caused him to have dry nasal passages and dry eyes
    (Ri.
    40).
    He also testified that,
    as a result of the quarry dust,
    he
    must clean his auto’s carburetor once
    a month and change his
    car’s air filter monthly
    (Ri.
    47), and clean his gutters
    three times a year
    (Ri.
    52).
    Some of his window screens
    must be cleaned bi-weekly
    CR1.
    53).
    Francis Mansfield testified that sometimes, when he is
    outside,
    he can taste the dust,
    and that
    it is “always on
    the sidewalks,
    the roof, on the shrubbery,
    the grass.”
    (Ri.
    66)
    Mr. Harrison testified that when his daughter was
    christened in 1974, he had to move his yard party into the
    house because of the dust
    (Ri.
    84).
    He also stated that due
    to the dust he has installed new storm windows and doors,
    new gutters and air conditioning.
    CR1.
    84).
    When his
    daughter
    is outside:
    “...she keeps rubbing her eyes,
    and
    the eyes are all red on the eyelids.
    You can’t put her in
    the grass because the grass is all dusty.
    We had a little
    swimming pool for her.
    You would put the water in there a
    little ahead of time to try to warm it up for her to swim in
    the swimming pool;
    the water would be all dusty on the top.”
    (Ri.
    87)
    Mrs. Susan Harrison testified that on July 31, 1974,
    after talking to a neighbor for five minutes outside:
    We had so much dust in our eyes, we were
    tearing.
    We had to go into the house.
    Every-
    thing was shut up.
    We couldn’t even go outside.
    (R2.
    8)
    Respondent contends that the bulk of the dust comes
    from the limestone gravel
    in the alleys behind the citizens
    homes.
    To support this argument Respondent has taken pic-
    tures of cars raising dust in the alleys
    (Res. Ex 21-4).
    However,
    the Board finds
    it hard to believe that the quan-
    tity of dust complained of would result solely from the
    alleys,
    and Respondent’s own exhibits do not support their
    contention.
    Respondent raises the defense that the controls it has
    installed are all that are technologically available.
    Hillside uses
    a Johnson-March system to control the dust.
    This system sprays water treated with a surfactant to reduce
    surface tension,
    (Rl.
    207).
    Dust is also collected from
    19
    283

    —3—
    drills with
    a large fan and blown into the atmosphere,
    (Ri.
    138,
    143).
    Hillside had
    a water suppressant which
    would have avoided this excess emission, but it was not in
    use,
    (Ri.
    138).
    Hillside General Superintendent, Jim Durr,
    states that 75
    of the particulate results from vehicular
    traffic,
    (R2.
    148).
    However,
    he could not support this
    figure from his own personal knowledge,
    CR2.
    165).
    Complainant’s witness, Martin Sheahan, an Agency
    engineer,
    testified that he observed Hillside’s quarry in
    operation
    in October of
    1973,
    (Ri.
    124-5).
    He testified
    that dust emanated from the drilling operation whose pol-
    lution control device was in operation only part of the
    time,
    CR1.
    138).
    In addition,
    a surfactant pump in the
    Johnson—March system was broken and at least one nozzle was
    plugged,
    (Ri.
    148).
    Also, a door was missing on the secon-
    dary crusher,
    and dust was being produced when the gravel
    was dropped to stock piles,
    (Ri.
    150).
    Mr. Sheahan also
    stated that besides using properly operated,
    existing
    control devices,
    the particulate could be further reduced by
    use of spray towers,
    (Rl.
    150), and drop chutes
    to contain
    dust when the conveyors drop the limestone onto the surge
    pile,
    CR1.
    152).
    In addition,
    the surge pile could be kept
    below grade.
    Dr. Walter McCrone,
    an expert in the field of air pol-
    lution products and the analysis of particulate
    (R.254),
    testified that he made a survey of the area
    for particulate
    in October of 1974 for the Respondent
    (R.255).
    Dr. McCrone
    used dust fall pans and sampling to measure the dust fall
    from the quarry.
    His conclusion was that very little of the
    dust “gets over into the residential area.”
    (R.260)
    He also
    determined
    that the wind velocity toward the residential
    area was about 56
    of the time
    (R.260).
    Dr. McCrone found
    that the dust samples he took contained an average of 20
    limestone,
    and that normal samples would only contain 5
    limestone
    (R.264).
    Dr. McCrone, however, did not take any
    samples
    of dust on residential property in the area
    (R.272).
    Nor did Dr. McCrone use the more modern methods of measure-
    ment which are available today
    (R.256).
    Mr. William
    J.
    Stanley testified for Respondent that he
    prepared the Respondent’s current pollution control program
    (R.227)
    and that the program was the highest state of the
    arts
    (R.230).
    He also testified that he has seen dust
    leaving the quarry
    (R.232)
    and that the residential nature
    of the area was not considered when developing the program
    (R.23i).
    Stanley did not take any tests or samples of air
    adjacent to the quarry property
    (R,236).
    19
    284

    On the basis of the foregoing,
    the Board holds that
    Hillside has caused or allowed the emission of limestone
    dust so as
    to cause air pollution in Illinois.
    It is clear
    that Hillside’s emissions unreasonably interfere with the
    enjoyment of life or property in the Hillside area.
    The
    Board finds that these emissions could be controlled by
    properly using existing control devices
    at the quarry
    together with spray towers and drop chutes.
    The Board finds
    that Hillside has violated Rule 102 of the Air Regulations
    and Section 9(a)
    of the Act.
    Section 33(c)
    of the Act requires the Board to take
    into consideration all facts bearing upon the reasonableness
    of the emissions,
    including the character and degree of
    injury to or interference with the health, general welfare
    and physicai property of the people,
    the social and economic
    value of the source,
    the suitability of the area to the
    source,
    and the technical practicability and economic
    reasonableness of reducing or eliminating the emissions.
    Hillside has operated its quarry since
    1970.
    It pro-
    duces up to 4,500 tons
    a day of various sized limestone.
    It
    has apparently obtained all necessary operating permits,
    CR2.
    136-8).
    Dust is controiled by a Johnson-March dust
    suppressant system during crushing,
    screening,
    and conveying
    of limestone,
    (R.133—5); conveyor enclosures,
    (R.l54); and a
    street sweeper and water wagon;
    as well as black topping of
    the frontage road and quarry entrance
    (R.l60); and a traffic
    control program,
    (149).
    The total amount expended on pollu-
    tion control was $600,000.00
    (R.28i),
    However, many of the
    control devices utilized were ordered pursuant to a per-
    manent injunction
    (R.
    310-12).
    The Board has found that Respondent’s activities unrea-
    sonably interfere with the enjoyment of property and the
    health of citizens
    in the area.
    The Board notes that
    Respondent has refused to provide information with respect
    to the economic value of its quarry.
    The area involved,
    although zoned commercial,
    is primarily residential in
    nature.
    The Board,
    in consideration of the size of the opera-
    tion involved,
    finds that it is reasonable
    to expect Respon-
    dent to properly use the pollution control devices it has
    and to install a chute over its surge pile and spray towers.
    For its violation the Board assesses a penalty of
    $10,000.00.
    ORDER
    IT IS THE ORDER OF THE POLLUTION CONTROL BOARD
    THAT:
    1)
    Hillside Stone Corporation is found to have
    violated Section 9(a)
    of the Environmental Protection
    Act and Rule 102 of the Air Regulations;
    and
    19— 285

    —5—
    2)
    For said violations, Hillside Stone Corpora-
    tion shall pay the sum of $10,000.00, within 45 days of
    this Order, payment to be made by certified check or
    money order payable
    to:
    State of Illinois
    Fiscal Services Division
    Environmental Protection Agency
    2200 Churchill Road
    Springfield, Illinois
    62706;
    and
    3)
    Hillside Stone shall cease and desist, within
    60 days of this Order,
    from operating existing equip-
    ment without properly maintained pollution control
    devices.
    4)
    Hillside Stone shall file with the Board and
    the Agency, within
    60 days of this Order,
    a corporate
    approved plan whereby compliance with Section 9(a)
    of
    the Environmental Protection Act and Rule 102 of the
    Air Regulations shall be effected.
    I,
    Christan
    L. Moffett,
    Clerk of the Illinois Pollution
    Control Board, hereby certify the above Opinion and Order
    were adopted on the
    I2~~
    day of
    ~
    1975 by a vote
    of4~
    Christan L. Moffety
    erk
    Illinois Pollution
    trol Board
    19
    286

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