ILLINOIS POLLUTION CONTROL BOARD

June 20,

1991

ILLINOIS ENVIRONMENTAL

)

PROTECTION AGENCY,

)

)

Complainant,

AC 90—36

v.

)

(IEPA 192—90—AC)

(Administrative Citation)

ESG WATTS,

INC.

)

a foreign corporation,

)

)

Respondent.

DISSENTING OPINION

(by J.D. Dumelle):

This

is

a

case

of

first

impression

on what

constitutes

“leachate”.

The testimony by Michael

Rapps,

P.E.

showed

that

typical leachate has a characteristic color

(red to orange—red),

a sheen, and is strongly odiferous.

(R.

138).

Mr.

Rapps

stated

in

answer

to

a

question

about the photographs

providing evidence of landfill leachate:

It

doesn’t have

the

characteristics

that

I

testified to.

It looks like basically

storm

water.

And the testimony I heard earlier that

there was no odor associated with

it,

or no

apparent odor,

makes

it

hard to conclude,

I

think that

it

is leachate.

(R.

148).

The

situation here resolves itself to having rain water pass

over some uncovered refuse.

That

stormwater

has to be pumped out

from this landfill.

Even

though the characteristic red color and

strong odor of leachate were absent the majority has here found

this largely stormwater discharge to be leachate.

When Section 21(p)

of the Act was adopted

I do not believe

that a basically stormwater discharge from a landfill was meant to

be prohibited where leachate characteristics are absent.

!ob D. Dumelle,

P.E.

rd Member

I,

Dorothy M.

Gunn,

CYerk of the Illinois Pollution Control

Board

hereby

certify

that

the

above

Dissenti g

Opinion

was

submitted on the

________________

day of

_____________________,

1991.

2L~

,~.

Dorothy M,.~7Gunn,Clerk

Illinois ~o1lution Control Board