ILLINOIS POLLUTION CONTROL BOARD

February

17,

1977

ENVIRONMENTAL PROTECTION AGENCY,

Complainant,

v.

)

PCB 76—69

DALLAS PRESNELL,

as

an Individual,

DALLAS

PRESNELL,

HARVEY

PRESNELL and

ORA

PRESNELL,

d/b/a

PRESNELL

BROS.

)

READY-MIX CONCRETE COMPANY,

Respondent.

MR. GEORGE TINKHAM, Assistant Attorney General, appeared for the

Complainant;

MR.

WILLIAM

AMLING, appeared for the Respondents.

OPINION AND ORDER

OF

THE BOARD

(by Mr. Dumelle):

This matter comes before the Board on a Complaint filed by the

Environmental Protection Agency on March

8,

1976 against the

owners and operators of Presnell Brothers Ready—Mix Concrete

Company

in Pana, Christian County,

Illinois.

The Complaint alleges

operation of

the ready—mix

concrete plant and the installation of

air pollution control equipment onto the plant without required

Agency permits

in violation of Air Pollution Control Regulations

103(b) (2)

and 103(b) (1) and Section 9(b)

of

the Environmental

Protection Act.

On April 26,

1976 Respondents submitted their Answer to

Request

for Admission of Facts which request was filed by the

Agency

on April

1

2,

1 976

.

P~pondent

~

t~here

admi

f.tz

od

a 1 1

essential

elements

of

the

alleged

viollations

(see

also

H.

4,

56)

A

hearinq

was

hold

on

April

30,

1976.

The

sole

1SSUO

in

this

case

is

the

fashioning

of

an

appropriate

remedy.

The

character

of

the

injury

to

or

interference

with

the

protection of health and property in this cause is limited to

the lack of permits.

No pollution per se is alleged

(R.

4)

However,

the failure

to obtain perrni~does indeed interfere

with the mechanisms

set up by the Act

to protect health and

property.

The permit program has long been recognized

as the

core of the effort to protect the health, welfare,

and property

of the people of Illinois from environmental hazards.

There

24

—

777

---

ciso no dispute as

to the social and economic value of the

operation or the suitability of the site,

or the

technical

practicability or economical reasonableness of obtaining

the

required permits.

The only issue presented regards the extent to which Respondent

Dallas Presnell~sdealings with the Agency will act as mitigation.

Mr. Dallas Presnell is the managing partner of Presnell Bro-

thers, owner of the subject plant and a trucking and building

materials business

(R.

30)

.

In spite

of

some

efforts

to

obtain permits

it is clear that he simply neglected to submit

proper documentation.

Considering the entire record in this

case the Board finds that a penalty of $300.00 will encourage

the Presnell Brothers

and

others

to

show

proper

diligence

in

compliance with the law.

The Act~spermit

requirement

must

be taken seriously.

This Opinion constitutes the ~oard’s

findings of fact and

conclusions of

law.

ORDER

1.

Respondents D

1as Presnell, as an individual and Dallas

Presnell,

Harvey Presneli

md Ora Presnell, d/b/a Presnell Brothers

Ready Mix Concrete Company

are hereby found

to

have

violated

Air

Pollution Regulations 103(b) (2) and 103(b) (1)

and Section 9(b)

of

the Act.

2.

Respondents shall cease and desist all concrete batching

operations within 120 days of the date of this Order unless

they have obtained the required operating permits.

3.

Respondents shall pay, with joint and several liability,

to the State of Illinois the sum of $300.00 as a penalty

for the

aforesaid violations.

Payment shall be made by certified check

or money order within

35 days of the date of this Order to:

State of Illinois

Fiscal Services Division

Illinois Environmental Protection Agency

2200 Churchill Road

Springfield, Illinois

62706

IT

IS SO ORDERED.

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

Board

hereby certify the above Opinion and Orçler were adopted on the

jJ~/day

of February, 1977 by a vote of

______________________

Christan

L. Moffett~Clerk

Illinois Pollution Control Board

24

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778