ILLINOIS POLLUTION CONTROL BOARD
August 30
1971
Environmental Protection Agency)
v.
)
PCB 71—32
Oscar B.
Denny, d/b/a
)
D.
&
S.
Landfill
)
Robert F. Kaucher for Environmental Protection Agency
Ted Harvey for Oscar B.
Denny
Concurring Opinion by Mr. Kissel:
I agree with all of the conclusions of the majority of
the Board in this case,
except the one that finds no violation
or infraction by Denny resulting from the leachate running off
into the surface water.
As the opinion of the Board points
out, there was ample evidence that leachate from this refuse
landfill was running from the ground surface into water im-
pounded on the site.
The Board opinion finds that
“rio infrac-
tion” has occurred as a result of this run off because “there
is insufficient proof that any water escaping from this im-
poundment would be likely to contaminate ground waters or
streams.”
I disagree with the Board’s opinion in that I do
not believe that it would be necessary for the Agency to
prove initially that there was contamination of waters or
streams where leachate is coming from a garbage landfill
operation.
It would be my view that water run off from a
garbage operation could be presumed to be harmful to the
stream, and that in any case where the Agency proved that
leachate was running off into the waters of the State, the
burden would shift to the landfill operator to prove that
the leachate was not causing any contamination of the water
into which the leachate was running.
It would seem that we
2— 338
could presume that water coming from a garbage dump to the
waters of Illinois is harmful without putting the Agency to
the task of sampling the waterway in each one of these cases.
I would therefore find the Respondent guilty of water
pollution.
I.
Regina E.
Ryan, Clerk of the Illinois Pollution
Control Board,
certify
that
Mr.
Richard J. Kissel submitted
the above opinion on
~he
39
day of
August
,
1971.
V
—~\
~
?T1
join in this concurring
Dpr~.~
Mr.
Kisse~”
/
/
~
~H
/
2
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337