ILLINOIS POLLUTION CONTROL BOARD
    January 30,
    1973
    ENVIRONMENTAL
    PROTECTION AGENCY,
    Complainant,
    vs.
    )
    PCB 72—61
    DENNY
    &
    SIMPSON,
    INC.
    Respondent.
    )
    Frederick Hopper, Assistant Attorney General for the EPA
    Joseph R.
    Hale, Attorney
    for Respondent
    OPINION
    ~NI)
    ORDER OF
    THE
    BOARD
    (by Mr. Henss)
    Th~~
    Respondent
    ,
    Denny
    &
    Simpson Stone Company, operates a
    limestone quarry about
    1 mile north of Cave-In Rock,
    Hardin
    County,
    Illinois.
    The Environmental Protection Agency has alleged
    that
    the Company,
    in violation of Section
    9(a)
    of the Environ—
    ~ontal Protection Act,
    emitted rock dust or other particulate
    matter from
    the
    quarry in such quantities and for such duration
    as
    to cause injury to human, plant or animal lifeor unreasonable
    interference with
    the
    enjoyment of life and property.
    Facilities
    at the quarry site include
    a primary crusher,
    two secondary
    crushers
    (hammer mills)
    ,
    screen towers, bins and associated
    equipment.
    During the first of two public hearings,
    EPA witnesses,
    mostly persons residing near the quarry, testified that they:
    were forced inside their home by dust and grit
    CR.
    33,
    65); could
    not hang laundry outside because of dust soiling
    (R.
    57); had the
    interior of homes soiled by dust
    (R.
    35,
    57,
    60,
    65,
    70); had to
    wash windows frequently because of dust
    (R.
    60); were frightened
    or bothered by the blasting
    CR.
    57,
    62,
    68); were bothered by
    blasting powder odors
    (R.
    65,
    70);and, had driving visibility
    impaired by rock dust
    (R.
    77).
    An Agency investigator testified that his first visit to
    the site in 1970 revealed an essentially uncontrolled operation
    in that emissions
    from equipment were released to the atmosphere
    without passing through any control devices
    (R.
    10).
    He also
    testified that he had observed emissions from roadways throughout
    the plant.
    The investigator further testified that visits late
    in 1972 revealed that the secondary crushers,
    screening towers
    and bins had been enclosed,
    a spray wetting system had been in-
    stalled on the primary crusher and surge pile,
    and a watering truck
    was
    being employed to control roadway dust throughout the plant
    (R.
    12,
    13).
    Since his first visit,
    the investigator testified
    6
    629

    —2—
    that the owners had been generally cooperative and had imple-
    mented most of his control suggestions resulting in greatly
    improved control of emissions
    CR.
    12)
    .
    The investigator recom-
    mended that the Company continue to dampen the roadway and also
    wet down the face of the rock prior to blasting.
    He further
    said that the area around the truck dump should be wetted,
    additional
    spray nozzles placed around the primary crusher and
    antifreeze added to the spray solution when appropriate
    CR.
    16).
    During the second hearing, Respondent witnesses, mostly
    employees or persons indirectly connected with the quarry
    (such
    as rock haulers) who resided nearby, testified that they:
    were
    not irritated or frightened by the blasting
    CR.
    127,
    139,
    145,
    153);
    were not bothered by dust from the quarry
    CR.
    128,
    134,
    140,
    144,
    153,
    159); were not prevented from hanging clothes outside because of
    dust soiling
    (R.
    128,
    140);
    and, did not notice any blowing dust
    (R.
    135,
    146,
    150,
    154).
    Testimony from the plant superintendent,
    a consulting
    engineer and a blasting powder salesman indicates that Respondent
    is careful in limiting the size of the blast in order to control
    sound and vibrations within limits recommended by the Bureau of
    Mines.
    The idea of using a blasting mat to control blasting dust
    was soundly rejected by experts and company officials from safety
    and practical viewpoints.
    It was stated that the mats,
    heavy
    cables woven together, might interfere with the wires
    leading to
    the explosive charge and in any event were not effective to control
    dust.
    Even prior to the filing of the Complaint the Respondent
    had been very cooperative in following Agency directions
    to control
    dust emissions.
    The Company entered voluntarily into
    a program
    resulting in:
    1) enclosures on the secondary crushers, screening
    tower and bins,
    2)
    installation of a spray system consisting of
    a
    1500 gallon tank, wetting chemicals, piping and spray nozzles
    for
    wetting the limestone at the outlets of the primary crusher and
    on the conveying belts carrying limestone back to the secondary
    crusher,
    3) an 8,000 gallon water truck for wetting the surface
    area around the plant,
    4) the oiling and chipping of the plant area
    adjacent to the highway, and
    5)
    an experimental program to reduce
    dust from the drillholes during blasting.
    The only remaining controls that appear to be called for
    are:
    installation of additional spray nozzles
    to cover
    the surge bin
    located on top of the primary crusher, addition of antifreeze
    chemicals to the spray system during freezing weather, and possible
    wetting of the rock face before blasting.
    We find from the evidence that Respondent’s employees
    occasionally failed to follow directions in wetting the road twice
    a day and that on those occasions the Company did cause excessive
    emissions of rock dust in violation of Section 9(a) of the Environ-
    mental Protection Act.
    The Complainant has not suggested what more
    6—
    630

    —3—
    the Respondent should do in order to control the emissions.
    We
    approve of steps taken by the Respondent thus far and will require
    that the additional spraying be included in the blasting operation.
    No monetary penalty will be imposed.
    ORDER
    It is ordered that:
    1.
    Respondent Denny
    & Simpson Stone Co.,
    Inc. cease
    and desist from the violations found in this
    Opinion.
    2.
    That Respondent within
    35 days install additional
    spray nozzles to cover the surge bin located on
    top of the primary crusher and immediately include
    as a part of the blasting procedure wetting of the
    rock face prior to blasting and addition of anti-
    freeze chemicals
    to the spray system during freezing
    weather.
    3.
    Respondent shall make every reasonable effort to
    conduct its blasting operations under such wind
    and atmospheric conditions as will minimize the
    nuisance in the surrounding areas.
    I, Christan L. Moffett, Clerk of the Illinois Pollution Control
    Board, ~ereby certify the above Opinion and Order was adopted
    this
    ~3O
    ‘~dayof
    ~
    ,
    1973 by
    a vote of
    ‘3
    to
    o
    —.
    GJ~
    6—631

    Back to top