ILLINOIS POLLUTION CONTROL BOARD

August 30, 1973

ENGELHARDT, INC.

Petitioner,

vs.

)

PCB 73—272

ENVIRONMENTAL PROTECTION AGENCY,

)

Respondent.

Alfred Lewis, Attorney for Petitioner

Fredric Entin, Assistant Attorney General for the EPA

OPINION AND ORDER OF THE BOARD (by Mr. Henss)

Engelhardt operates a 13 acre solid waste disposal site

near the Waukegan Airport in Lake County, Illinois. On July 3,

1973, Enqelhardt filed a document with us which all parties

agree should be construed as a variance petition. The petition

is for variance from Rule 912(b) of the Water Pollution Regu-

lations and Orders 6(c) and 6(d) of League of Women Voters vs.

North Shore Sanitary District, PCB 71—343, for the purpose of

allowing a sewer connection and the draining of Petitioner’s

landfill.

The landfill now contains some 4 to 5 million gallons of

leachate—-the collection of rainwater on the site prior to final

cover and grading. An enforcement case has been brought against

Engelhardt (PCE 73-181) but we do not decide here whether the

landfill has been operated in conformity with legal requirements.

Engelhardt has not requested that type of variance which will

shield the Company from prosecution for past conduct and no

such shield is given. The variance is requested to authorize

immediate action to eliminate a health hazard.

The uncovered ciebris includes hypodermic needles, syringes,

bottles of drugs and similar refuse. Children have been observed

on the landfill site although a fence does surround the entire

area. The large quantity of leachate prevents the covering of

this hazardous material. The leachate must be removed as rapidly

as possible to allow the application of final cover. Both the City

of Waukegan and the North Shore Sanitary District filed documents

stating their approval of this project. The Agency recommends

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grant of the variance subject to certain conditions intended to

ease the impact of this additional load on the Waukegan sewage

treatment system.

We grant the variance and urge all parties to expedite the

draining of the landfill and the application of final cover

consistent with the conditions imposed in the Order. A health

hazard of this type must be eliminated as soon as possible.

ORDER

It is the order of the Board that:

Engelhardt Inc. is granted a variance from Rule 912(b)

of the Illinois Water Pollution Regulations and Orders

6(c) and 6(d) of League of Women Voters vs. North

Shore Sanitary District, PCB 71-343, for the purpose

of allowing a sewer extension from the Engelhardt

landfill to connect with the Waukegan Sanitary sewer

system and for the discharge of leachate into that

sewer system. This variance shall expire one year

from the date of this order or at such earlier date

as Petitioner completes the draining of the landfill

and has applied final cover. The variance is conditioned

upon adherence to the following:

A. Leachate shall be discharged only during the

period from 10:00 p.m. to 6:00 a.m.

B. No leachate shall be discharged during or

within 24 hours after rainfall or periods

of heavy ice or snow melt.

C. Leachate shall be discharged only during

those periods when the Waukegan sewage treat-

ment plant can adequately accept and treat all

effluent.

I, Christan L. Moffett, Clerk of the Illinois Pollution Control Board,

hereby certif the above Opinion and Order was adopted this ~

day of

,

1973 by a vote of

3

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