EXHIBiT
EXHtB(~

ILLINOIS POLLUTION CONTROL BOARD

February 4, 1988

ILLINOIS ENVIRONMENTAL

PROTECTION AGENCY,

Complainant,

)

PCB 86—108

JOLIET SAND AND GRAVEL COMPANY,

Respondent.

MR. GERALD T. KARR AND MS. CARLA DAVIS, ASSISTANT ATTORNEYS

GENERAL, APPEARED ON BEHALF OF COMPLAINANT.

MR. JOHN L. PARKER APPEARED ON BEHALF OF RESPONDENT.

OPINION AND ORDER OF THE BOARD (by R. C. Flemal):

This matter comes before the Board upon a five—count

complaint filed on July 24, 1986, by the Illinois Attorney

General’s Office on behalf of the Illinois Environmental

Protection Agency.

Hearing was held on January 14, 1988. At hearing the

parties introduced a Stipulation and Proposal for Settlement

(Exhibit A) and a Commitment by Joliet Sand and Gravel Company to

Make Contribution to Illinois Environmental Trust Fund (Exhibit

B), which are to be considered one document (R. at 10). The

Stipulation and the Commitment are attached and address the facts

and terms of settlement in this matter.

The Board has considered all the facts, circumstances, and

the proposed settlement in light of the criteria set forth at

Ill. Rev. Stat. ch. 1111/2 par. 1003(c) and finds the Stipulation

and Proposal for Settlement acceptable under 35 Ill. Adm. Code

103.180. Accordingly, the Board will accept the Stipulation and

order that its terms be carried out.

This Opinion constitutes the Board’s findings of fact and

conclusions of law in this matter.

ORDER

The Board hereby accepts the Stipulation of Facts and

Proposal for Settlement and the Commitment by Joliet Sand and

Gravel Company to Make Contribution to Illinois Environmental

Trust Fund filed in this matter, a copy of which is attached and

incorporated by reference as if set forth in full and directs

that its terms be carried out.

86—57

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IT IS SO ORDERED.

Board Member J. Theodore Meyer dissented; Board Member J.

Marlin concurred.

I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control

Board, hereby certif~that the abpve Opinion and Order was

adoPteaon the 

day ~        

1988, by a vote

4~2

Dorothy M./Gunn,

2jLr~

Clerk

Illinois Pollution Control Board

86—58

BEFORE THE POLLUTION CONTROL BOARD

OF THE STATE OF ILLINOIS

ILLINOIS ENVIRONMENTAL

)

PROTECTION

AGENCY,

Complainant,

)

PCB 86—108

JOLIET SAND

A1~DGRAVEL

COMPANY,

Respondent.

STIPULATION OF FACTS AND PROPOSAL

FOR SETTLEMENT

The parties in the above-entitled matter, Complainant,

ILLINOIS ENVIRONMENTAL PROTECTION AGENCY, and Respondent, JOLIET

SAND AND GRAVEL COMPANY, have agreed that the public interest

would be best served by a settlement of this matter, without fur-

ther litigation, on the terms 

and conditions of the Stipulation

of Facts and Proposal for Settlement set forth herein.

Said

Stipulation 

ar.d Proposal are made and agreed upon and submitted

for, the purposes of settlement only, and upon the condition that

the Illinois Pollution Control Board (“Board”) approve them in

their entirety. In the event the Board fails to approve said

Stipulation and Proposal in their entirety, everything contained

within said Stipulation and Proposal shall be null and void and

of no effect in this or any other proceeding.

Wherefore, said Stipulation and Proposal are hereby

made, agreed to and submitted to the Board pursuant to 35 Ill.

Adm. Code 103.180.

EXHIBiT

86-59 

—

Nl~r

STIPULATION OF FACTS

The parties agree that this Stipulation of Facts rep-

resents a fair summary of the evidence and testimony that would

be introduced if a full hearin~were. held.

1. Complainant, Illinois Environmental Protection Agen-

cy (hereafter “Agency”), is an agency of the State of Illinois,

created pursuant to Section 4 of the Illinois Environmental Pro-

tection Act, Ill.Rev.Stat., 1985, ch. 111—1/2, Section 1001 et

(hereafter “Act”).

2. Respondent, Joliet Sand and Gravel Company

(hereafter “Joliet”), is an 

Illinois corporation, operating a

limestone quarry in Will Counts, Illinois, at 2509 Mound Road,

near Joliet. Rock is crushed and screened. The quarry 

equipment

includes primary and secondary limestone crushing, screening and

related activities. Dust from crushing is controlled by wetting

by water sprays and/or by moisture present in the rock. The

stone aggregate products of the

quarry 

are sold to local contrac-

tors, paving companies and governmental bodies.

3. In 1980, JOLIET applied for and obtained from the

Agency’s Division of Air Pollution Control an operating permit of

five (5) years 

duration.

In 1985, JOLIET applied to

the

Agency

for renewal of the operating permit; the Agency denied renewal.

After administrative review of the denial, the Board affirmed the

Agency’s action on February 5, 1987 (Joliet Sand and Gravel Cp~

pany 

IEPA,

PCB 86-159). The Board’s action was affirmed by

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86—60

the Il1inc~isAppellate Court, Third District, on 

Noveither 30,

1987, in

oliet 

Sand and Gravel Company v. illinp4~ PCB and IEPA,

No. 3—87--0141.

4. In February of 1987. JOLIET submitted information to

the Agency and repeated its request that the operating permit be

renewed.

In March of 

1987, the Agency again denied renewal. Ad-

ministrative

review of this denial was sought, but the Board held

in June of 1987 that it lacked jurisdiction. See Joliet Sand and

Gravel Co~pany

IEPA, PCB 87-55. An appeal is presently pend-

ing in the Illinois Appellate Court, Third District, Joliet Sand

and Grave. Company v. Illinois ~CB and IEPA, No. 3—87-0398.

5.  In July of 1986, the AGENCY filed an enforcement

proceeding against JOLIET before the Board, i.e., the instant

case.

6. In March of 1987, the Illinois Attorney General

filed a Complaint for Injunctive Relief in the Circuit Court of

Will County, People of the State of Illinois v. Joliet Sand and

Gravel Co~pany,No. 87 CM 181, seeking to enjoin JOLIET from

operating its facility without an operating permit. This pro-

ceeding is presently pending.

7.

The

Agency contends

that the allegations of the 

Com-

plaints

filed in PCB 86-108 (the instant proceeding), and in Case

No. 87 CM 181 (see paragraph 6 above) are true. 

JOLIET denies

all allegations of the Complaints filed in 

PCB 86-108 (the in-

stant proceeding), and in Case No. 87 CM 181 (see paragraph 6

above), and does not admit any violations.

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86—61

PROPOSAL 

FOR SETTLEMENT

The parties believe that the public interest would best

be served by the settlement of this action and all other litiga-

tion identified on thE±terms 

and

conditions set forth below.

8. The Agency agrees tr~issue the air operating permit,

a copy of which is attached hereto

as Exhibit 1, within ten (10)

days of acceptance and approval of this Agreement by the Board,

and the Agency agrees to relinquish any and all claims it has or

has made for penalties or injunctive relief for JOLIET’s (a) al-

leged failure to have an operating permit, and (b) penalties for

all allegations made

in the instant proceeding, PCB 86-108. This

agreement to relinquish claims and penalties extends for the

en-

tire time period up and until the Board enters a final Order ac-

cepting and approving this Agreement.

9. JOLIET agrees that it will make a contribution to

the Illinois Environmental Trust Fund as specified in a separate

document being executed by JOLIET contemporaneously herewith.

—4—

86—62

10. The parties agree to, upon acceptance and approval

of this Agreement by the Board, immediately terminate the instant

proceeding, PCB 86-108, and other litigation identified herein,

without costs or attorney

feeE 

to either party.

ILLINOIS

ENVIRONMENTAL      

JOLIET

SAND AND GRAVEL

PROTECTION AGENCY        

COMPANY

~

By:r

1L~

Dat :  D cember 

___,

1987

Dated: December 

i7,

1987

cd

fl

/

—5—

86—63

lz X/? /&‘/

-‘-

‘~.I’

Illinois Environmental Protection Agency

2200 Churchill Road.

Springfield. IL 62706

2171782-2113

OPERATING PERMIT 

-- NSPS

SOURCE

P E

PJI I

TIE E

Joliet Sand & Gravel Company

Atth: George L. Comerford

2509 Mound Road

Joliet, Illinois 60435

Application No.: 80110001        

1.0. No.: 197045MM

Applicants Designation: JOLIET PIT   

Date Received: December 9, 1987

Operating Permit Expiration Date: (One Year after the entry date of a

Board Order)

Subject: Limestone Quarry

Date Issued:

tocation: 2509 Mound Road, Joliet, Illinois

Permit is hereby granted to the above—designated Permittee to Operate emission

source(s) and/or air pollution control equipment consisting of an existing jaw

crusher equipped with a water spray bar, an existing Pioneer 5’ x 16’ triple

deck screen and 3 existing belt conveyors (B.C. 01, 02 and 03) and existing

Colman Single Screen, a new Stednan K60c (600 1PM secondary crusher) equipped

with a water spray bar, a new 7’ x 20’ Deister triple deck screen and new belt

conveyors (B.C. 04, 05, 06, 07, 08, 09, 10, 11, 

12, 13, 14

& 15) as described

in

the above-referenced application. This Permit is subject to standard

conditions attached hereto and the following special conditions:

la. The new equipment at this limestone crushing plant is subject 

to New

Source Performance Standards (NSPS), 40 CFR 60, Subparts A and 000 which

are adopted at 35 111. Adm. Code 230. The Illinois EPA is administering

these standards in Illinois on behalf of the

United States EPA under a

delegation agreement.

Fugitive emissions of particulate matter from screens (except from truck

dumping), bucket elevators, belt conveyors, bagging operations, storage

bins, and enclosed truck or railcar loading operations shall not exceed 10

percent opacity, (40 CFR 60.672(b) and (d)).

Fugitive emissions of particulate matter from the crushers (except from

truck dumping), shall not exceed 15 percent opacity, (40 CFR 60.672(c) and

(d)).

86—64

S. ~

••~

flhinois Environmenta’

Protection Agency

2200 Churchill

Ro~~d.

Springfield.

IL 62~o6

Page

b. At all times, the permittee shall also, to the extent practicable,

maintain

arid 

operate these sources, includinq associated air pollution

control equipment, in a manner consistent with good air poflution control

practice for minimizing emissions.

2a. The new crusher shall only be used for primary or secondary crushing.

b. Annual throughput through the rock crushing plant shall not exceed

4,000,000 tons/yr. Compliance with this limit shall be determined from a

running total of 12 ri~nthsof data.

c. The Permittee shall maintain records, on at least a monthly basis of the

throughput of the plant. These records shall be retained for at least two

years on the premises, for inspection by the Agency.

3. This permit is issued based on the new equipment at the crushing plant not

constituting a major modification subject to 35 Ill. Adm. Code 203. This

is because the net increase in emissions of particulate matter from the

new crusher is less than 25 tons/year, considering the previous level of

throughput and emission rate, and the level of throughput authorized by

Condition 2b, and an estimated 0.018 lb. particulate matter/ton crushed,

for primary and secondary crushing in compliance with the requirements of

the New Source Performance Standard.

Terry A. Sweitzer, P.E.

Manager, Permit Section

Division of Air Pollution Control

TAS:AMT: ds :4554H/23-24

cc: IEPA, FOS, Region 1

IEPA, FOS, CP4U

IJSEPA

86—65

Commitment by JOLIET 

SAND AND GRAVEL

COMPANY to Make

Contribution to ILLINOIS 

ENVIRON1~ENTAL TRUST FU~ND

NOW COMES JOLIET SAND AND GRAVEL COMPANY, and states

that it 

will upon acceptance and approval by the Illinois Pollu-

tion

Control Board of a Stipulation of Facts and Proposal for

Settlement, make a contribution in the total 

amount 

of $21,000.00

to the Illinois Environmental Trust 

Fund,

with 

paymcn’ 

~‘

i.~—eight c~n~a~utivequ ~

~3,6~lS.OO eae~,

with t~h-e fir~tsuch payment to be made within ten (10) days of

said acceptance and approval.

JOLIET SAND AND G 

VEL C

By:~~h~

~iL~

Dated: December

____,

1987.

ILLI

ENVIRONME

PROTECTION AGENCY

By:

Jo p

Svoboda

Man ger

En orcement Programs

Dated: January 11, 1988

EXHtB(~

86—66

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