ILLINOIS POLLUTION CONTROL BOARD

September

24,

1981

ILLINOIS ENVIRONMENTAL PROTECTION

AGENCY AND COOK COUNTY DEPARTMENT OF

)

ENVIRONMENTAL CONTROL,

Complainants,

v.

)

PCB 74—234

AMERICAN BRICK COMPANY,

an Illinois Corporation,

Respondent,

DENNIS

R.

FIELDS, SPECIAL ASSISTANT ATTORNEY GENERAL, APPEARED

ON BEHALF OF THE ILLINOIS ENVIRONMENTAL PROTECTION AGENCY.

MELVYN RIEFF, ASSISTANT STATE’S ATTORNEY, APPEARED ON BEHALF OF

THE

COOK

COUNTY

DEPARTMENT

OF

ENVIRONMENTAL

CONTROL.

EDWARD

M.

WHITE,

CAREY,

FILTER

&

WHITE

APPEARED

ON

BEHALF

OF

AMERICAN

BRICK

COMPANY.

OPINION

AND

ORDER

OF THE

BOARD

(by

I.

Goodman):

On July

19,

1974 the Illinois Environmental Protection Agency

(Agency) and Cook County Department of Environmental Control

(Department)

filed

a complaint before the Board alleging that the

Respondent violated Sections 9(a)

and

(b) of the Environmental

Protection Act (Act)

as well

as Rules 103(b) (2) and 202(b)

of

the Board’s Chapter

2:

Air Pollution Control Regulations.

The

complaint was amended later to allege additional violation of

Rule 203(a)

of Chapter

2.

Several continuances were granted to

allow for necessary testing and for discovery.

On January

9, 1979 the Board gianted the Complainants’ motion

to

stay the proceedings when it was informed that the United

States of America had filed

a complaint against American Brick

in the United States District Court for the Northern District of

Illinois.

On August

1,

1980 the USA and American Brick entered

into a consent decree.

On February 3,

1981

a hearing was held

at which the Agency and American Brick submitted a Settlement

Agreement and Stipulation to Dismiss

(Stipulation).

An executed

copy of that Agreement was received by the Board on July 16,

.1981.

American Brick processes clay into brick at its Doitori plant.

Blue clay

is mined on the 60 acre site and transported

to the

plant where it is molded and cut.

The bricks are then dried and

43—327

---

eventually formed into a scove kiln composed of 1.5 million bricks,

that

is 40 feet wide,

120 feet

long,

and 25

feet high.

Gas—fired

burners

located beneath the pile burn the bricks for 55 to 60 hours.

Approximately 25 to 30 of these kilns are produced annually.

The

burning process emits particulate matter,

sulfur dioxide, fluoride

and sulfuric acid into the ambient air.

The Stipulation

is intended to he consistent with the couse;i1

decree entered in the federal court. (Stip.

5).

The Stipulation

sets forth a schedule for pilot testing and compliance.

Emi’;stoii

standards consistent with Board regulations are prescribed for

particulate matter

(22.8 pounds per hour),

sulfur dioxide

(2000

parts per million), visible emissions

(30

opacity)

and fugitive

emissions

(30

opacity). Performance tests demonstrating complianoc

with these standards are required

(Stip. 7—9).

By September

5,

1.982 Respondent must install opacity and sulfur dioxide monitors.

Monitoring reports are to be submitted quarterly thereafter.

Progress reports described

in the Stipulation are also scheduled

for submittal

(Stip.

10—12).

Cessation of operations relieves the Respondent of its

testing,

emission,

and monitoring requirements; however,

resumption of operations reinstates the obligations and does not

suspend or postpone the completion of originally scheduled steps

toward compliance.

The Stipulation terminates December 31, 1983.

Any extension of time agreed upon by USEPA and the Respondent or

ordered by the U.S.

District Court,

however, correspondingly

extends the time period.s for performance

in the Stipulation

(Stip.

14).

The Stipulation does not affect the Respondent’s

responsibility

to comply with any requirement of Illinois law or

regulation as currently constituted or as they may be revised,

including emission limitations,

Defendant~sobligation

to comply

with

any

other

state,

federal

or

local

regulation

is

not

covered

by

the

Stipulation

(Stip.

15).

The

Stipulation

dismisses

the

complaint

and

amendments

with

prejudice

for

the

periods

specified

in

the

pleadings

up

to

the

date

of

this

Opinion

and

Order

(Stip.

2—3)

Any

modification

of

the

consent

decree

by

the

U.S~ District

Court effects

a “consistent modification”

of the Stipulation and

any Board order herein that supports the Stipulation (SLip.

15).

The use of the term “consistent” rather than “identical” or the

previously used “corresponding”

(Stip.

14) leads the Board to hold

that only modifications of the consent decree that are consistent

with Board regulations and other Illinois law are intended by

the parties to be automatic modifications

of the Stipulation.

Furthermore,

the preceeding paragraph in the Stipulation upholds

the enforcement of Illinois law against the Respondent.

The Board finds that the Stipulation is a reasonable

resolution of this matter which

will

protect

the

interests

of

the State without further litigation on the part of the parties

43—328

---

3

herein.

The

Board will accept the Stipulation pursuant

to

Procedural Rule 331 and will order the parties to execute their

duties in accordance therewith.

PCB 74—234 will be dismissed

in consideration of the execution of those duties.

This Opinion constitutes the findings of fact and conclusions

of law of the Board in this matter.

ORDER

1.

Respondent, American

Brick Ccmpany, and Complainants

tllinois Environmental Protection Agency and Cook County Department

of Environmental Control shall execute their duties as set forth

in the Settlement and Stipulation to Dismiss filed July 16,

1981

which is hereby incorporated by reference as if fully set forth

herein.

2.

The complaint and amended complaint in PCB 74—234 are

IT IS SO ORDERED.

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

Control Board, her~ycertify tha

the above Opinion and Order ~sa

adopted

on the

49

day of

-.

____

_____,

1981 by a vote of

Board