ILLINOIS POLLUTION CONTROL BOARD

April 27,

1978

PEOPLE OF

THE

STATE OF ILLINOIS,

Complainant,

V.

)

PCB

75—468

MATERIAL SERVICE CORPORATION,

a Delaware corporation,

Respondent.

CAROL

M.

PEARCE, ASSISTANT ATTORNEY GENERAL, APPEARED ON BEHALF

OF THE COMPLAINANT.

GOULD

& RATNER, ATTORNEYS

AT LAW

(MR. LOUIS

R.

HEGEMAN,

OF COUNSEL), APPEARED ON

BEHALF

OF THE

RESPONDENT.

OPINION AND ORDER OF THE BOARD

(by

Mr.

Werner):

This matter comes before the Board on

t:he December

11,

1975

Complaint brought

by

the People of the State of Illinois which

alleged that Material Service Corporation caused or allowed the

discharge or emission of contaminant:s into the atmosphere

so as

to cause air pollution in violation of Section

9(a)

of the

Illinois Environmental Protection Act.

Hoarings were held on

March 26,

1976,

Septentber 23,

1976,

and January

31,

1978.

The

parties filed a Stipulation of Facts and

Proposal

for Settlement

on February

1,

1978.

Material Service Corporation owns and operates a limestone

quarry near 47th Street and Plainfield Road

in

McCook,

Illinois.

The stipulo

~ed

bockqround

Facts

iridi

(~I

te

t~id

L

131

dS

tIfl(J

conveyinq,

screening and loading activities

duriny

Lhe daily

operation of the facility generate particulate emissions.

On

days when the wind is emanating from the south,

dust from the

quarry occasionally reaches

a residential area located immediately

to the north of the Company~sproperty.

Material Service Corporation does not admit that it violated

Section

9(a)

of the Act, and further states that the situation

did not extend for any appreciable length of time.

However,

for

the purposes of this proposed settlement only,

the Respondent

offered no evidence to refute the People’s contention.

30—69

---

To abate any airborne emissions

and enhance the quality of

the environment near the limestone quarry,

the Company has

entered into and completed parts

of an improvement program in

which:

1.

A surfactant solution spray is used to treat the

material transported via conveyors throughout the facility

(excluding the primary crusher)

at the input and discharge of

each crushing operation.

Additionally, sprays are located at

several of the screen discharges.

2.

All drilling is done with a wet dust suppression spray

system.

3.

All crushing and screening operations are conducted

within closed buildings.

Replacement of faulty

or broken doors

and worn or damaged siding has taken place

in these buildings,

so that the integrity of the building enclosure of both plants

has been upgraded and improved.

4.

To prevent the free and unconfined fall of materials,,

drop chutes

(i.e.,

stone ladders)

are installed on the 3/4”

material fixed storage pile conveyor and on the three

3/8~tchips

fixed storage pile conveyors.

5.

Haul roads are treated with oil about every 18 days or

earlier, dependent upon weather conditions.

The area around the

scale has been paved.

Speed limit signs, which are already on

the premises, will be installed at strategic locations on the

property.

To further improve existing conditions at the facility,

the

Company has entered into a compliance plan in which it agrees

to:

(1)

enclose certain conveyors with dust covers within

90 days of

the date of the agreement;

(2) promptly install

a new scale;

(3)

construct a permanent spray bar by May

31, 1978

in such a

manner that trucks must pass under it and receive water treatment

on the loads prior to leaving the quarry;

(4)

erect a sign

adjacent to the spray bar to provide notice to truck drivers of

the

appropr

i a 1~e iii

i no

is

sta

Lute

wh i ch

1)rOll

1

h

its

(O~)OS

1

t

i

flq

any

parL

of.

~i

Lruck

load

on

a

highway

of

I

i.liiiois;

(5)

I iista

I I

speed

limit

signs

within

45

days

of

the

date

of

the

agreement;

(6)

obtain

all

necessary

permits;

(7)

submit

copies

of

all

permit applications, issued permits, permit denial letters,

drawings,

sketches,

flow

diagrams,

specifications,

studies,

quarterly progress reports and any other documents pertaining

to this compliance program

to the Illinois Attorney Generals

Office;

(8)

allow inspection of the site by a representative of

the Attorney General’s Office at any reasonable time during

normal business hours; and

(9) post a $50,000.00

performance

bond.

30-70

---

In

evaluating

this enforcement action and proposed

settlement,

the Board has taken into consideration all the facts

and circumstances in light of the specific criteria delineated

in Section 33(c)

of the Act.

Incinerator,

Inc.

v.

Illinois

Pollution Control Board,

59

Ill.

2d

290,

319 N.E.

2d 794

(1974).

Accordingly,

the Board accepts the Stipulation and Proposal

for Settlement and imposes no penalty.

This Opinion and Order constitute the Board’s findings of

fact and conclusions of law in this matter.

ORDER

It is the Order of the Pollution Control Board that:

1.

Material

Service

Corporation

has

violated

Section

9(a)

of

the

Illinois Environmental Protection Act.

2.

Material

Service

Corporation

shall comply with all terms

and conditions of the Stipulation and Proposal for Settlement

filed February

1,

1978, which

is incorporated by reference

as if

fully

set forth herein.

3.

Material Service Corporation shall

enter into and

complete

the

specified

compliance

program

which

is

fully

set

forth

in

the

Stipulation.

4.

Material

Service

Corporation

shall cease and desist

from

further

violations

of

Section

9(a)

of

the

Act.

Mr.

Jacob

D.

Dumelle

dissented.

I

,

C

I

:

f

at

.

(‘lo

I

I vi

L

,

C I.erk

I

I Itv

I

I

I

i

iii,

I

I~

I

I u

(

i

)t

I

ConLrol

Board,

here~

certify

the

ab

ye

Opinion and

Order were

adopted

on

the

~1

day

of

_____________________,

1978

by

a

vote of

‘/-!

Christan

L. Moff

Clerk

Illinois Pollutio

ontrol Board

30—7