ILLINOIS POLLUTION CONTROL BOARD

October 25,

1973

ENVIRONMENTAL PROTECTION AGENCY

COMPLAINANT

v.

)

PCB

73—155

VULCAN

MATERIALS

 COMPANY

RESPONDENT

DENNIS

R.

 FIELDS, ASSISTANT ATTORNEY GENERAL,

 on behalf

 of the

ENVIRONMENTAL PROTECTION AGENCY

JOHN

C.

 BERGHOFF,

 JR.,

 ATTORNEY,

 on behalf of VULCAN MATERIALS

COMPANY

OPINION AND ORDER OF THE BOARD

 (by Mr.

 Marder)

This action involves

 a complaint filed against Vulcan

Materia~Company by the Environmental Protection

 Agency

April

13,

 1973.

 The complaint alleges

 violations of Section

9

(a)

of

the Environmental Protection Act and Rule 3-3.111 of the Rules

and Regulations Governing the Control of Air Pollution.

Vulcan Materials

 Company owns and operates

 a limestone

quarry located

 in Joliet,

 Illinois.

 Vulcan conducts blasting,

grinding,

 screening,

 and conveying operations

 in the normal

course of

 its business.

 The equipment involved in this opera-

tion generates

 the particulate matter and fumes which constitute

the alleged violation.

Hearing set for August

16,

 1973,

was

 continued so that

the Agency and Vulcan could discuss possible settlement

 of this

controversy.

 At the subsequent hearing date of September

7,

1973,

 the Hearing Officer allowed into evidence and made

 a part

of the record

 a document entitled “Stipulation and Proposal

for

Settlement.”

The first encounter between Vulcan and the Environmental

Protection Agency occurred on April

22,

 1971.

 This

 inspection

was precipitated by the complaints

 of citizens

 in the

 area.

As

a result of this inspection Vulcan was notified that

 a possible

violation existed,

 and that no emission control devices were cv—

ident~

 Vuican then started on

 a compliance programS

 A further

9

—

62~

—

inspection on April

6,

 1972,

 again indicated a problem due to lime-

stone dust was still apparent.

Further abatement actions were taken; however,

 on April

13,

1973,

 a complaint was filed against Vulcan by the Environmental Pro-

tection Agency.

On July 20,

 1973, the Environmental Protection Agency and Vu?-

can conducted an inspection tour of Vulcan’s quarry.

 As a result

of this meeting a settlement proposal was entered into for complete

compliance.

There is no

 testimony elicited as to the magnitude of viola-

tions

 (lbs/hr.

 of particulates); however, the stipulation entered

into does not dispute said violation occurred,

The

fact that the

original complaint was precipitated by citizen protests, and that

Vulcan’s

quarry

centered

urban

area

are

important

consid-

erations.

The

probability

health

hazard

much

greater

urban

area

than

one

which

sparsely

settled.

The

Board

finds

that

although

the

compliance

schedule

outlined

in the Stipulation and Proposal for Settlement

 is somewhat lengthy,

it will indeed abate the existing problems~

 It must be mentioned

that

Vulcan

has

since

 the first inspection

April

22,

1971,

taken

steps

abate

its

problems,

and

conditions

said

quarry

should

greatly

reduced

over

the

1971

level.

The

Board

further

feels

that

the

monetary

penalty

stipulated

just

settlement

for

past

violations~

This

Order

shall

re-

flect

the

proposed

stipulation

full.

This

Opinion

constitutes

the

findings

fact

and

conclusions

law

the

Board.

ORDER

THE

ORDER

of

the

Pollution

Control

Board

that

prior

to

April

1,

 1974, Vulcan

shall take the following

actions at its Jol-

iet quarry:

1.

 Construct,

 install, and have operating a

jet spray system in the crusher plant.

 This

system will involve the use of at least

twelve

 (12) separate jet sprays at critical

points in the crusher plant.

2.

 Complete the program of enclosing the

crusher plant and making it

 as air tight as

~ib1e.

 Where the present siding

is

in

good repair and air tight,

 it may continue

to act as the principal enclosure.

 However,

any cracks or other gaps will be covered with

the

same type of aluminum siding previously

—

622

—3—

added

covering.

3.

 Install and operate one additional jet

spray over the primary crusher to contain

fugitive dust arising from the dumping of

newly quarried limestone rock into the

primary crusher.

4.

 Cover all outside

 conveyors

which

are

being used to carry crushed stone to stor-

age bins

 in the crusher building and in-

stall a jet spray at transfer points where

conveyors leave the crusher enclosure.

5.

 Install and maintain rubber skirting on

conveyors which are being used in order

to keep stray rocks from falling to the

ground,

6.

 Install a covering on the side openings

below the load-out bins

 (consistent with

reasonable safety measures for the oper-

ator and trucks)

 in order to reduce dust.

Reduce

the

 free-fall of the aggregate

from

the

load-out

chutes

the

customer’s

truck by extending the chute down closer

the

truck.

8.

 Initiate a program of wetting those stock-

piles of aggregate still in the yard area

of the Joliet quarry by adapting a water

tank truck with

 a hose system which can

accomplish this purpose.

 Vulcan will ob-

serve the conditions of the quarry and

weather, and when these conditions give

rise to a reasonable probability of fugit-

ive dust from these stockpiles and the

quarry, Vulcan will wet down these stock-

piles.

 Vulcan will continue to store fine

screenings in the quarry below grade level.

9.

 Install and operate a spray bar which will

spray all trucks transporting fine screen-

ings

 (1/2” and less)

 out of the Joliet quar-

ry.

 Said spray will

installed

between

the points where the trucks load fine screen-

ings and where the trucks are weighed on the

9

—

623

—4—

exit scale.

 The spray bar system shall

operate in

 a manner similar to that now

being employed at Vulcan’s quarry locat-

ed in McCook, Illinois.

10.

 Purchase or transfer a sweeper truck for

use in the Joliet quarry.

11.

 Continue installation, and accelerate

completion,

 of the placing of the large

concrete blocks along the length of the

property line along Route

 53, where reas-

onable, by the transportation of said

blocks from other Vulcan facilities,

if

necessary.

12.

 Block up the fan opening in the Grade

8

hopper bin to eliminate any fugitive

dust emissions from this

 source.

13.

 Continue the emission abatement programs

already completed and in operation such

as: the storage of

 fine screenings below

grade

 level; the continuing use of the

water tank truck to wet down and flush

haul roads;

 and the use of proper drill-

ing techniques to eliminate dust emiss-

ions.

14.

 Acquire two high-volume air samplers for

use at the Joliet quarry to attempt to

measure the effectiveness of the air poll-

ution control program.

 The first such

sampler shall be operated and maintained

by Vulcan, preferably on the north side

of the Joliet quarry or on the office

building.

 Vulcan personnel shall replace

and remove the filters from this first

sampler.

 The second sampler shall be

placed beyond the south property line of

the Joliet quarry at

 a location designated

by the Environmental Protection Agency.

The Environmental Protection Agency shall

be responsible for designating a respons-

 ible individual

 or agency who will replace

and remove the filters from the second

sampler.

 Vulcan will pay for the power

used to operate both samplers.

 Both sam-

plers

 shall be operated in accordance with

the air sampling schedule which

 is set by

9—624

—5

the Environmental Protection Agency, on

a statewide basis, insofar as possible.

The samples from both samplers shall be

analyzed by the Vulcan laboratories io--

cated in Birmingham, Alabama.

 The En-

vironmental Protection Agency will re-

quire that the individual or agency des-

ignated to maintain the second high-vol-

ume sampler return the samples to Vulcan

for transmittal to

and

 analysis by Vul-

can’s laboratories in Birmingham, Ala-

bama.

 Both high-volume samplers herein

designated shall be operated and main-

tained from April

1,

 1974 through Octo-

ber

 1, 1974.

It is further ordered that Vulcan Materials Company shall

pay to the State of Illinois the sum of $1,500.00 within

 35 days

from the date of this Order.

 Penalty payment by certified check

or money order payable to the State of Illinois shall be made to:

Fiscal Services Division, Illinois Environmental Protection Agen-

cy,

 2200 Churchill

 Road,

 Springfield,

 Illinois 62706.

It is further ordered that Vulcan Materials Company shall

post a performance bond in the amount of $10,000

 in a form satis-

factory to the Agency and within 30

 days of the date of the

Board’s order,

 to guarantee performance of

the

 preceding orders.

ORDERED.

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

Control Board, certify that the above Opni n and Order was adopt-

ed by the Board on the

c~S~”

day of

 1973, by a

voteof

to

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