ILLINOIS POLLUTION COIqTROL BOARD

November 19,

1981

ILLINOIS

ENVIRONMENTAL

)

PROTECTION

AGENCY~

)

Complainant,

)

PCB

80—101

t~IPPOLD & ARNETT

READY

MIX,

)

a partnershiP,

GERALD

LIPPOLD,

)

and RODNEY

ARNETT,

)

Respondents~

MS. CHRISTINE

ZENAN,

ASSISTANT ATTORNEY GENERAL, APPEARED ON BEHAIJ~’

Ji

THE COMPLAINANT.

~1R.

GERALD LIPPOLD

APPEARED

PRO SE.

OPINION

AND

ORDER

OF

THE

BOARD

(by

N.E

.~erner):

This

matter

comes

before the Board on

the

May

9,

1980

Complaint

brought

by

the

Illinois

Environmental Protection Agency

(“Agency”).

Count

I

of

the

Complaint

alleged

that,

from

March

1,

1978 until

May

9,

1980,

the

Respondents

constructed,

owned,

and

operated

an

asphalL

~lduL

aL

1302

South Broad Street

in

Carlinville,

Macoupin

County,

Illinois

without

first obtaining the requisite ConstrucLion

Permit

from

the Agency in violation of Rule 103(a)

of Chapter

2:

~ir Pollition Control Regulations

(“Chapter 2”) and Section

9(b)

of

the Illinois Environmental Protection Act (“Act”).

Count

II alleged that,

from March

1,

1978 until May

9,

1980,

the Respondents operated their asphalt plant,

a new emission sourct~,

without

first obtaining

an Operating Permit from the Agency

in

violation

of

Rule 103(b)

of

Chapter

2 and Section 9(h)

of

the Act.

Count

III alleged that,

from

March

1,

1978

until

May

9,

1980,

the Respondents allowed the

emission

of

particulate

matter

from

the

asphalt plant

in

excess

of

allowable

emission

standards

in

violation

of Rule 203(a)

of

Chapter

2 and

Section

9(a)

of

the

Act.

Count

IV of

the

Complaint

alleged

that,

from

September

28,

1978

until May

9,

1980,

the Respondents

allowed

the

discharge

of

gases

from

the asphalt plant

containing

particulate

matter

in

excess

of

allowable

discharge

standards

in

violation

of Section

9.1(b)

of

the

Act.

44—69

---

—2

Count V alleged that,

from March

1,

1978 until May

9,

1980, the

Respondents have

periodically

allowed

the

emission

of

particulate

and

fugitive matter from

their

asphalt

plant,

concrete

plant,

parking

facilities and

access

roads

to

enter

into

the

surrounding

environment with such emissions being of

such

quantity,

character-

istics,

and duration as

to unreasonably interfere with the enjoyment

of life

and property

in

violation

of

Section

9(a)

of

the Act.

A hearing was held

on

September

30,

1981

at

which

five

r~iembers

of

the

public testified,*

The

parties

filed

a

Statement

of

Stipulated Settlement on

October

5,

1981.

Respondents Gerald

Lippold

and

Rodney

Arnett,

are

currently

conducting business as

a

partnership

(i.e., Lippold

& Arnett Ready

Mix)

in Macoupin County,

Illinois adjacent to the City of Carlinvilte.

(Stip.

2),

The Agency has alleged that the Respondents’

asphalt plant

caused

large amounts

of

dust

and

thick

smoke

to

be

admitted

during

its

operation.

(Stip.

2),

On

January

1,

1979, twenty residents of

the

City

of

Carlinville,

who

live

near the Respondents’ plant,

signed

a petition

complaining

about

various

emissions

and

submitted

the petition to the Agency.

(Stip.

2—3).

In response to the citizens’ complaints,

the Agency conducted

numerous inspections of the Respondent’s facilities.

(Stip.

3).

The Agency employees found that the primary source of the most

offensive emissions was smoke from the batch plant.

To eliminate

this problem,

the Respondents installed a bag house at a cost of

over $25,000,00 to curtail excessive smoke from the batch plant.

(SLip.

3).

After the installation of the bag house, no further

complaints from nearby residents were received by the Agency.

(Stip.

3).

The parties have stipulated that “the only remaining known

source of emissions”

is the “graveled parking lot which

is the

subject of the compliance program”.

(Stip.

3).

The proposed settlement agreement provides that the Respondents

shall:

(1) water and/or oil the parking lot area whenever dust

“reaches obvious levels”

or whenever such vehicle dust control

operations are requested by the Agency;

and

(2) pay

a stipulated

penalty of $1,000.00 in four equal installments of $250.00 each.

(Stip. 4~5),

*The main thrust of the comments by neighboring residents seems to

pertain to the unloading of cement trucks during nighttime hours.

(R. 16~~23)~

In response to these comments, Mr. Gerald Lippold

indicated that he will attempt to remedy this problem (which was not

specifically part of the violations alleged in the Complaint).

(R.

24).

44—70

---

—3—

The Respondents have admitted the allegations that they

installed and operated their asphalt hatch plant without

the

necessary permits

from the Agency,

hut have denied the remaining

allegations and agreed to the compliance program

“for purposes

of this

settlement only”.

(Stip.

4).

In evaluating

this enforcement

action and proposed settlement

agreement,

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.

The Board finds the settlement agreement

acceptable

under

Procedural Rule 331 and Section 33(c)

of the Act.

Accordingly,

the

Board

finds that the Respondents,

Lippold

&

Arnett Ready Mix,

a partnership,

Gerald Lippold, and Rodney Arnett,

have violated Rules

103(a),

103(b),

and 203(a)

of Chapter

2:

Air

Pollution Control Regulations and Sections

9(a) and 9(b)

of the Act.

The Respondents will he ordered to follow the compliance program set

forth

in the stipulated agreement and will be ordered to pay the

stipulated penalty of $1,000.00 in four

(4) equal installments

of

$250.00

each.

This Opinion constitutes the

Board’s findings of

fact and

conclusions of

law

in

this matter.

ORDER

It is

the Order

of the Illinois Pollution Control Board that:

1.

The Respondents,

Lippold

&

Arnett Ready Mix, a partnership,

~erald

Lippold,

and

Rodney Arnett,

have violated Rules

103(a),

103(b),

and 203(a)

of

Chapter

2:

Air Pollution Control Regulations and

Sections 9(a) and 9(b)

of the Illinois Environmental Protection Act.

2.

Within 30

days

of the

date

of this Order,

the Respondents

shall,

by certified check or money order payable to the State of

Illinois, pay the first installment of $250.00 on the stipulated

penalty of $1,000.00

(and subsequently make payments of $250.00 each

at 3-~monthintervals thereafter,

until the entire penalty of $1,000.00

has been paid

in full), which is to he sent to:

Illinois Environmental Protection Agency

Fiscal Services Division

2200 Churchill Road

Springfield,

Illinois

62706

3.

The Respondents

shall comply with all the terms and

conditions of

the

Statement of Stipulated Settlement filed on

October

5,

1981,

which is incorporated

by reference as

if fully

set forth herein.

I,

Christan L, Moffett,

Clerk of the Illinois Pollution Control

Board,

hereby certify

that the

above Opinion and Order were adopted

on the

j~day

of

~

,

1981 by

a vote of

“~.

/

I

Christan L.Moff~’t~Clerk

Illinois Pollutioh control Board