ILLINOIS POLLUTION CONTROL BOARD
October 18, 1973
ENVIRONMENTAL PROTECTION AGENCY,
Complainant,
vs.
)
PCB 73—243
CENTRAL ILLINOIS STONE COMPANY, INC.,
Respondent.
Mr. Dale Turner, on behalf of
the Complainant, and
Mr. John W. Fribley, on behalf of
the Respondent.
OPINION AND ORDER OF THE BOARD (by Dr. Odell)
On June 12, 1973, the Pollution Control Board received
from the Environmental Protection Agency a Complaint that ~on
or before July 6, 1972, and continuing to the filing of the
Complaint in this case, Central Illinois Stone Company, Inc.,
Respondent has operated its
. . .
facilities so as to cause or
allow the discharge or emission of limestone dust and other
contaminants into the atmosphere in violation of Rule 3-3.111
of the Rules and Regulations Governing the Control of Air
Pollution, continued effective pursuant to Section 49(c) of
the Environmental Protection Act Ill. Rev. Stat. 1971, ch. 111½,
section l049(c)J
.“
The Respondent owns and operates facilities which include,
but are not limited to, blasting, conveying, crushing, screen-
ing, and storage of crushed limestone, at a location
two
miles
north of Nokomis, Illinois, on County Road 645. Respondent is
a Delaware Corporation qualified to do business, and doing
business in Illinois. It has operated at this location for
approximately 14 years.
On August 15, 1973, a hearing was held on this case by
Mr. Lee K. Zelle, Hearing Officer, in Hillsboro, Illinois.
Testimony presented at this hearing indicated that the
Complainant and Respondent agreed that emissions from the quarry
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are in excess of established standards. The Respondent agreed
to install control equipment, and believed this could be done
soon so that emissions would be under control and in compliance
with established regulations by January 1, 1974. However,
engineering plans were not firm enough on the hearing date to
file a stipulation or settlement agreement between the
Complainant and Respondent at the time of the Hearing. The
settlement agreement was to be submitted to the Hearing Officer
within 30 days, and he would forward it to the Board as a part
of the proceedings of the Hearing.
The joint Stipulation which was signed by the Complainant
and Respondent on August 17, 1973, was received by the Pollution
Control Board on September 18, 1973. This Stipulation indicated
that:
1. Mr. John Shum, Surveillance Engineer with the
Division of Air Pollution Control, EPA, visited
and observed the Respondent’s plant and operations,
and observed and photographed visible emissions
coming therefrom. On or about July 1, 1972, and
April 1, 1973, using process weight rate given by
Respondent and standard calculations, he determined
that the primary crusher, secondary crusher, and
screening, conveying, and handling produced emissions
in excess of allowable standards. The Respondent
should reduce emissions to achieve compliance with
standards in section 203(a) of the Air Pollution
Regulations, which would be 43.0 pounds per hour from
the primary crusher, 43.0 pounds per hour from screen-
ing, conveying, and handling, and 40.1 pounds per hour
from the secondary crusher.
2. “The Respondent will agree to the following program
of compliance:
a. That Respondent has entered into a contract
with Meyers and Roby Engineers of Decatur for
the engineering layout, permit application, and
installation supervision of the aforementioned
control equipment.
b. That engineering layout shall be completed
by September 15, 1973.
c. Equipment necessary for the installation
shall be ordered by October 1, 1973.
d. Construction of control equipment, necessary
appertenant structures and installation of a
water supply shall be completed by December 1,
1973.
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562
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e. That necessary adjustments and tests to make
the control equipment fully operational shall be
completed by March 1, 1974.
f. That Respondent agrees to post a performance
bond in the amount of $5000, in a form accept-
able to the Agency, to assure installation of
the aforesaid control equipment and pertinent
enclosures.”
3. The Respondent’s Board of Directors have approved the
installation of emission control equipment.
4. The Respondent agrees to pay a penalty in the amount
of $1000.00 for the violations shown in paragraph 4
of the Stipulation.
5. The “Agency has received few complaints with respect
to Respondent’s operations.”
The Environmental Protection Agency and Central Illinois
Stone Company, Inc.
,
having reached agreement on the factural
matters set forth in their joint Stipulation and in paragraphs
1 through 5 immediately above, IT IS THE ORDER OF THE POLLUTION
CONTROL BOARD THAT:
1, The agreements set forth in the joint Stipulation
are equitable, and are accepted by the Board with
limited changes.
2. Central Illinois Stone Company, Inc., shall cease
and desist from further violations of the Environ-
mental Protection Act and the Rules and Regulations
of Pollution Control Board, by taking all steps
necessary to promulgate its proposed program, includ-
ing:
a. The installation of equipment for control of
particulate emissions by December 1, 1973.
b. The equipment be adjusted and fully operational
by March 1, 1974.
c. The posting of a performance bond in the amount
of $5000.00 in a form satisfactory to the Agency
and within thirty-five (35) days of the date of the
Board’s Order, to guarantee performance of the
preceding orders.
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553
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3. Central Illinois Stone Company, Inc. shall pay to
the State of Illinois, within thirty-five (35) days after
the date of this Order, a penalty in the sum of One
Thousand (1000) Dollars. Penalty payment by
certified check or money order, payable to the State
of Illinois, shall be made to Fiscal Services
Division, Illinois Environmental Protection Agency,
2200 Churchill Road, Springfield, Illinois 62706.
I, Christan L. Moffett, Clerk of the Illinois Pollution Control
Board, hereby certify jhe above Opinion and Order was adopted
this
/
~ day of
___________,
1973 by a vote of
£
to
Christan L. Moffett~.~Clerk
Illinois Pollution~tntro1 Board
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