ILLINOIS POLLUTION CONTROL BOARD
    September 20, 1973
    )
    N.J. WAGNER
    AND
    GAILLARD WAGNER,
    )
    PARTNERS
    d/b/a WAGNER STONE
    COMPANY
    )
    )
    v.
    PCB 73-257
    )
    )
    ENVIRONMENTAL
    PROTECTION
    AGENCY
    )
    )
    JAMES J. HERR, ESQ., appeared for Petitioner
    DALE TURNER, ESQ., Assistant Attorney General for Respondent
    OPINION AND ORDER OP
    THE
    BOARD (by Mr. Dumelle)
    A petition for variance from Rule 3-3.111 of the Rules
    and Regulations governing the Control of Air Pollution (Air Rules)
    and Rule 203 of Chapter 2, Part
    II of the Pollution Control Boards’
    Regulations, was filed June
    1, 1973.
    On July 23, 1973,
    the
    Environmental Protection Agency (Agency) filed its recommendations
    approving the granting of the variance.
    Public hearing was held
    on August 22, 1973.
    Petitioner owns a limestone quarry located four miles north
    of Chenowa, Livingston County, Illinois.
    Petitioner’s process
    equipment is enclosed inside of a metal building in order to control
    dust and to recover dust as a product.
    After Agency denial of an
    operating permit on February 23, 1973, Petitioner’s proposed to
    install a liquid spray dust supression system to control dust
    emissions.
    A construction permit was issued to Petitioner on July 5,
    1973 to install the system.
    Although Petitioner reiterated the position that the enclosure
    of the processing equipment resulted in compliance with both
    3-3.111 and Rule 203, Petitioner agreed at the hearing to the
    recommendations presented by the Agency
    (R.
    73-257, pages 19,
    27).
    Petitioner alleges that arbitrary and undue hardship would result
    to the Wagner Stone Company if this variance were not granted in
    that they would be subject to prosecution and possible fines or
    be forced to close down.
    Either case would result in a substantial
    economic loss.
    Petitioner, in reliance upon its consulting
    engineer, believed that it
    was
    in compliance because of its past
    action of enclosing the process equipment.
    After denial of an
    operating permit, they proceeded toward a control system and have
    agreed to install and have it operating by March 1, 1974
    CR. 73-257,
    pages 19,
    27).
    The Board finds that the Petitioner’s operation
    a
    —303
    -2-
    will not significantly affect the air quality in the surrounding
    area
    to
    an extent that would preclude a six month variance to
    allow
    installation of the spray system.
    ORDER
    The Pollution Control Board hereby grants the Petitioner
    a
    variance until March
    1,
    1974 subject
    to the following conditions:
    1.
    Petitioner
    shall submit to
    the Agency,
    in writing, progress
    reports
    indicating progress made toward completion
    of said
    project.
    Said progress reports
    shall be submitted monthly
    to:
    Illinois Environmental Protection Agency
    Division of Air Pollution Control Board
    Variance Section
    2200 Churchill Road
    Springfield,
    Illinois
    62706
    2.
    Petitioner shall chemically treat its roadways
    to prevent
    fugitive dust emissions whenever such action is warranted.
    3.
    Within thirty-five(35)
    days of the date of this Order by the
    Board,
    Petitioner shall submit
    a performance bond,
    in
    a form
    approved by the Agency and in an amou’it of $5,000.00.
    Said
    bond shall be submitted
    to Illinois Environmental Protection
    Agency, Fiscal Services,
    2200 Churchill Road, Springfield,
    Illinois
    62706, and shall exist to ensure completion of
    the construction project.
    IT IS SO ORDERED.
    I, Christan L. Moffett,
    Clerk of the Illinois Pollution
    Control Board, hereby certify the above Opinion and Order were
    adopted
    on the
    ~
    day of September,
    1973 by a vote of
    ___________
    L~,n~
    Christan L. Moffett
    perk
    Illinois Pollution
    d~itro1Board
    9
    —
    304

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