ILLINOIS POLLUTION CONTROL BOARD

January 22,

1976

ENVIRONMENTAL PROTECTION AGENCY,

Complainant,

v.

)

PCB 74—420

MARBLEHEAD LIME

COMPANY,

Respondent.

Mr. Anthony

B. Cameron, Assistant Attorney General, appeared on

behalf of Complainant.

Mr. Richard R. Elledge, Gould

& Ratner,

appeared on behalf of

Respondent.

OPINION AND ORDER OF THE BOARD

(by Mr. Goodman):

This matter comes before the Pollution Control Board

(Board)

upon the November 16,

1974, Complaint of the Environmental Protec—

tion Agency

(Agency) which charges Marblehead Lime Company (Marble-

head)

with violating Rules

103(b)

and 203(a)

of the Air Regulations

and Rule 3-3.111 of the Rules and Regulations Governing the Control

of

Air Pollution.

More particularly,

the Complaint alleges that

Marblehead operated without a permit since March

1,

1973,

and that

Marblehead’s particulate emissions exceed the regulatory limit-

ations.

A hearing was held December 19,

1975, at which time

a

“Stipulation and Proposal for Settlement” was presented to the

Board.

Respondent is

a Delaware corporation authorized to do

business

in

Illinois

(Stip

2).

On or before April

1,

1972,

and

continuing until December 10,

1974, Marblehead owned and operated

a limestone mine and lime plant south of Quincy, Adams County,

Illinois.

The equipment operated at this facility included a

calcining kiln and a stone crushing and sorting system used to

produce lime products

(Stip 2,8).

During this period Respondent

made several attempts to obtain the approriate permits which were

denied,

either for lack of information orbecause of excessive

particulate emissions

(Stip

3,4).

The Agency made several inspections of the plant since February,

1972

(Stip

4).

On September 20,

1973,

two stack tests were per-

formed.

The material feed rate was

90 tons/day or 7.5 tons/hr. on

19—

711

---

—2—

an twelve hour daily basis.

The test results show a mass rate of

emission of 359 lb./hr.

(test

#1)

and 464 lb./hr.

(test #2).

The

allowable emission rate pursuant to Rule 3-3.111 and Rule

203(b)

is

15.2 lb./hr.

The allowable emission rate under Rule 203(a)

is 7.55

lb./hr.

(Stip

5).

The Respondent attempted to obtain variance

in

PCB 74-146 but that request was denied by the Board in February,

1975.

The cost of controlling the particulate through use of a bag—

house would range between $150,000.00 to $200,000.00.

The annual

gross profits of Respondent were $26,094, in 1973, and $48,448.00,

in 1974.

The plant employed 11 full time employees

(Stip 7).

On December 10,

1974,

Respondent sold the entire facility.

Respondent admits the violations charged and stipulates to a

penalty of $4,000.00.

The Board accepts the “Stipulation and

Settlement Agreement”

and will assess the stipulated penalty for

the violations found, herein.

This Opinion constitutes the Board’s findings of fact and con-

clusions of law in this matter.

ORDER

It is the Order of the Pollution Control Board that Responden~

Marblehead Lime Company,

is found to have violated Rule 3-3.111 of

the Rules and Regulations of the Air Pollution Control Board,

and

Rule 103(b)

and Rule

203(a) of “Chapter

2:

Air Pollution” of the

Rules and Regulations of the Pollution Control Board.

For the

violations so found,

the Board imposes upon Respondent a monetary

penalty in the amount of $4,000.00,

payable within

35 days from

the date of entry of this order, payable to the “State of Illinois”,

and addressed to:

Environmental Protection Agency

Fiscal Services Section

2401 West Jefferson

Springfield, Illinois

62706

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

Control Board, herebj certify the above Opinion and Order were

adoPtjdon the

day ~

,

1976 by. a vote

Illinois Polluti,

Board

19

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