ILLINOIS POLLUTION CONTROL BOARD

August 29, 1972

DANVILLE METAL STAMPING CO.

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v.

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#72—228

ENVIRONMENTAL PROTECTION AGENCY

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Opinion & Order of the Board (by Mr. Currie):

The company wishes to fill an old shale pit with dirt

and demolition refuse described as brick, mortar, glass, and

broken concrete from an urban renewal area. A variance is

necessary because of the rule against dumping solid waste

into standing water. PCB Regs., Ch. 7, Rule 5.12(c). The

Agency recommends a grant on certain conditions, finding that

if they are followed no pollution will exist. The company

agrees to the conditions. The rule is a prophylactic one

designed to guard against pollution; in light of the facts

regarding the relatively innocuous nature of the material,

the low permeability of the surrounding strata, the precau-

tions that will be taken to present overflow, and the social

desirability of filling this presently unusable and dangerous

land, we think the variance should be granted. See Whetzel

Construction Co. v. EPA, #71-302 (Feb. 3, 1972)

ORDER

Danville Metal Stamping Co.. is hereby granted a variance

from PCB Regs. Ch. 7, Rule 5.12(c) to allow the deposit of

certain material in its shale pit at 17 Oakwood Avenue, Dan-

yule, Illinois, subject to the following conditions:

1. The refuse to be accepted and deposited shall be limited

to brick, mortar, glass, broken concrete, and earth

excavations.

2. Petitioner shall notify the Agency and Pollution Control

Board within 7 days of any entry of water from the pit

into the Vermillion River. A chemical analysis of the

water leaving the pit shall be included in the notice.

I, Christan Moffett, Clerk of the Pollution Control Board,

certify that the Board ad pted the above Opinion and Order

this

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day of

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l972~by a vote of

S—O

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