ILLINOIS POLLUTION CONTROL BOARD
    May 31, 1973
    ENVIRONMENTAL PROTECTION AGENCY,
    )
    ComplaInant,
    v.
    )
    PCB72—145
    )
    CHICAGO BLOCK COMPANY and
    )
    DIAMOND CRYSTAL
    SALT
    COMPANY,
    )
    Respondents.
    Samuel Morgan, Special Assistant Attorney General, on behalf
    of Complainant;
    Paul
    D. Frenz on behalf of Respondent.
    OPINION
    AND
    ORDER OF THE BOARD
    (by Mr. Seaman):
    Complaint was filed by the Agency on April
    7,
    1972 against
    Chicago Block Company and Diamond Crystal Salt Company located
    in the City of Chicago, County of Cook.
    The complaint alleges
    that Respondents have conducted their salt stockpiling opera-
    tion and attendant facilities
    in such a manner as to cause or
    allow the emission of corrosive and dangerous particulate
    matter and other contaminants into the atmosphere in such
    quantities
    as to cause or tend to cause air pollution,
    either
    alone or in combination with contaminants from other sources,
    in
    violation of Section 9(a)
    of
    the Environmental Protection Act
    (Ill.
    Rev.
    Stat.
    1971,
    ch.
    111½ §1009(a)).
    This action comes before the Board on a Stipulation,
    agreed to by the respective parties.
    By thi~Stipulation,
    Respondents admit that they conducted their operation in a
    manner causing or allowing a violation of Section ~(a) on three
    separate occasions:
    November 6, November 12 and November 26,
    1971.
    A hearing on this cause was held on March 15,
    1973.
    As
    the stipulation dispenses with the necessity for the Agency to
    offer any other evidence,
    the scope of the hearing was limited
    to Respondents~offer of mitigating evidence and the Agency’s
    rebuttal thereof.
    8
    —
    113
    —2—
    Respondents operate a granulated rock salt pile and
    attendant facilities located at 10218 South Avenue “0”,
    Chicago,
    Illinois.
    The rock salt stockpiled is primarily for
    highway use and huge quantities are sold to the State of
    Illinois, City of Chicago and other large consumers
    (R. 15).
    The piles sometimes reach the height of seventy—five feet
    and are worked with bulldozers and cranes
    (R.
    14).
    Stockpiling of rock salt outside is in conformity with
    the practice in the industry
    (R.
    41).
    Respondents’ witnesses
    testified that the piles are normally covered with huge
    tarpaulins
    (R. 15)
    and that when customers’
    trucks arrive to
    be loaded,
    a section of the tarpaulin is opened.
    During
    periods of rain,
    snow or high wind,
    the tarpaulins cannot be
    put down
    (R. 17).
    There is a great deal of conflicting
    testimony of record regarding how much the tarpaulins are
    actually used.
    There
    is evidence, however, that Respondents
    have spent approximately $250,000 for tarpaulins during 1972
    (R.
    34)
    The second major issue raised
    in mitigation is that much
    of the airborne particulate matter complained of by the area
    residents is emitted from sources other than Respondents’
    site.
    Testimony indicated that within twenty-four hours
    a
    crust begins to form on the salt piles due to a chemical
    reaction caused by the moisture in the air
    (R.
    21).
    This
    reaction is immediate during periods of rain
    (R.
    21). Testimony
    further indicated that formation of the crust prevents
    any
    material from being blown off the piles
    (R.
    22)
    There is a concentration of heavy industry in the area of
    Respondents’
    site and,
    in particular,
    a huge pile of crushed
    limestone
    (R.
    85).
    Members of a citizens group who testified
    at the hearing stated that the particulate matter complained
    of was quite difficult to wash or scrape from surfaces; how-
    ever, Respondents’ witness, Dr. Sundberg, testified that salt
    is very soluable in water and could be washed off with no
    difficulty
    (R.
    131).
    Dr. Sundberg conducted extensive emissions
    testing at the request of the Respondents and concluded that
    the amount of salt dust
    blown
    from Respondents’
    site
    is
    not
    sufficient to constitute any kind of health hazard
    (R.
    131).
    This Opinion constitutes the findings of fact and conclu-
    sions of law of the Board.
    IT IS THE ORDER of the Pollution Control Board that:
    1.
    Respondents, Chicago Block Company and Diamond
    Crystal Salt Company, shall cease and desist from all viola-
    tions of Section
    9(a)
    of the Act.
    8— 114
    —3—
    2.
    Both Respondents, individually, shall pay to the
    State of Illinois the sum of $500 within thirty days of the
    date of this Order.
    Penalty payment by certified check or
    money order payable to the State of Illinois shall be made
    to:
    Fiscal Services Division, Illinois Environmental Pro-
    tection Agency,
    2200 Churchill Road,
    Springfield, Illinois
    62706.
    3.
    Respondents shall, within thirty days of the date
    of this Order, submit to the Agency
    a plan for the control
    of all emissions from their facility.
    I, Christan L. Moffett, Clerk of the Illinois Pollution
    Control Board, certify that the ~bove Opinion and Order was
    adopted by the Board on the
    JI~~dayof
    ______________,
    1973,
    byavoteof
    4
    to
    ~
    .
    ___
    ~J
    cr~J~i1~c&
    8—
    115

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