ILLINOIS POLLUTION CONTROL BOARD
    August 14, 1975
    ENVIRONMENTAL PROTECTION AGENCY,
    Complainant,
    v.
    )
    PCB 75—185
    JOHN L.
    DUNGEY
    and,
    SHIRLEY A. DUNGEY,
    d/b/a
    RANDOLPH QUARRY,
    INC.,
    Respondent.
    OPINION
    AND
    ORDER OF THE BOARD
    (by Mr. Goodman):
    This matter comes before the Pollution Control Board
    (Board)
    upon the June
    18, 1975,
    amended complaint of the
    Environmental Protection Agency
    (Agency).
    The Agency,
    in
    two counts,
    charges the Respondents John
    L.
    Dungey and
    Shirley Dungey,
    d/b/a Randolph Quarry,
    Inc.,
    (Dungey) with
    violations of Section 9(b) of the Environmental Protection
    Act
    (Act)
    and Rules 103(b) (1) and 103(b) (2)
    of the Board’s
    Air Regulations.
    A hearing was held July 10,
    1975,
    at which
    time a stipulation of facts was filed.
    The Respondents own,
    operate, and control a limestone
    quarry in Brewerville Precinct, near Roots, Randolph County,
    Illinois.
    In the course of the quarry operations,
    limestone
    rock is crushed.
    Prior to April 14,
    1972,
    a rock crushing
    machine was installed at the quarry,
    said machine being
    described as
    a Cedar Rapids 40” X 33” Hammermill with a
    maximum capacity of 180 tons per hour.
    This machine was not operated between December 10,
    1972 and August
    20,
    1973, but was operated before June
    1,
    1973,
    up
    to January
    1,
    1974,
    at which time
    it ceased oper-
    ation
    (Stip.
    2).
    Rule 103(b) (2) (B) requires an operating
    permit application to be filed ninety days prior
    to the date
    an operating permit is required.
    Rule 103(b) (2) (A)
    requires
    an operating permit by June
    1,
    1975.
    Section 9(b)
    of the
    Act is violated when equipment capable of causing or con-
    tributing
    to air pollution or designed to prevent air pol-
    lution
    is operated without a permit.
    Therefore,
    between
    August
    20,
    1973,
    and January
    1,
    1974,
    the Respondents oper-
    ated equipment capable of causing air pollution without a
    permit in violation of Rule 103(b) (2) and Section
    9(b)
    of
    the Act.
    18— 369
    —2—
    On August 20,
    1973,
    the Respondents installed a Hewitt-
    Robbins
    36” X 54” Impactor Crusher having
    a maximum capacity
    of 300 tons per hour.
    This crusher was
    in operation until
    June
    6,
    1975.
    At no time did Respondents have an operating
    permit for this crusher
    (Stip.
    2—3).
    An operating permit
    is
    required for new emission sources pursuant
    to Rule 103(b) (1)
    where a construction permit would be required by 103(a).
    Rule 103(a)
    requires
    a construction permit for all new
    emission sources or pollution control equipment.
    The in-
    stallation
    of this crushing machine and its air pollution
    control device would require
    a construction permit.
    As
    stated above,
    the violation of the permit requirements of
    the Board’s Regulations constitutes a violation of Section
    9(b)
    of the Act.
    Therefore,
    Respondents operation of its
    Hewitt-Robbins Impactor Crusher without an operating permit
    violated Rule 103(b) (1)
    of the Air Regulations and Section
    9(b)
    of the Act.
    In mitigation,
    the Respondents were informed of the
    need for operatina permits by Mr. Banes of the Agency on
    September 11,
    1973.
    Dungey applied for permits on November
    5,
    1973 which were denied on November 16,
    1973.
    Respondent
    re-applied November 26,
    1973,
    this application being re-
    jected December 17,
    1973.
    The Respondents allege that they
    refiled on December 21,
    1973.
    However the Agency has no
    record of this application.
    Currently,
    the Respondents have
    filed an amended application,
    to which the Agency has not
    yet responded.
    Respondents have not operated their Cedar Rapids Hammer-
    mill since January
    1,
    1974.
    They are currently
    liquidating
    the business and negotiations are now pending for the sale
    of the two crushers~
    The record
    is devoid of any informa-
    tion concerning the quantity and quality of emissions, the
    social and economic value of the quarry operations, or the
    suitability of the quarry operation to its location.
    In consideration of the foregoing,
    the Board assesses a
    penalty of
    $100.00 for the violations of Section 9(b)
    of the
    Act and Rules
    103(b) (1) and 103(b) (2)
    of the Air Regulations.
    This constitutes the Board’s findings of fact and
    conclusions of law
    in
    this matter.
    ORDER
    It is the Order of the Pollution Control Board that
    John
    L.
    Dungey and Shirley Dungey,
    d/b/a Randolph Quarry,
    Inc.:
    18
    —
    370
    —3—
    a)
    Cease and desist from operating its crushing machines
    on or before November 14,
    1975, unless an operatir~permit
    application is filed with the Environmental Protection
    Agency within 10 days and a permit obtained within
    90 days
    of this Order;
    and
    b)
    Pay a penalty of $100.00 for their violations of
    Section
    9(b) of the Environmental Protection Act and Rules
    103(b) (1)
    and 103(b) (2)
    of the Air Regulations.
    Payment
    shall be by certified check or money order, within 35 days
    of this Order, payable to:
    State of Illinois
    Fiscal Services Division
    Environmental Protection Agency
    2200 Churchill Road
    Springfield,
    Illinois
    62706
    I,
    Christan L. Moffett,
    Clerk of the Illinois Pollution
    Control Board, hereby certify the above Opini n and Order
    were adop~don the
    ________
    day of
    ________
    1975 by a
    Christan L. Moffett, C1IØVJ
    Illinois Pollution Contf~r&tJBoard
    18
    —
    371

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