ILLINOIS POLLUTION CONTROL BOARD

July 22, 1976

ENVIRONMENTAL PROTECTION AGENCY,

Complainant,

v.

)

PCB 75—477

MASTER PATTERN, INC., an

)

Illinois Corporation,

Respondent.

ORDER OF THE BOARD (by Dr. Satchell):

The Environmental Protection Agency (Agency) filed a

Motion for Reconsideration on May 27, 1976. The motion is

denied.

The Board does modify the last paragraph of page 2 of

the April 22, 1976 Opinion and Order by completely substituting

the following paragraph:

Section 3(k) of the Act defines “refuse” as any garbage

or other discarded material. The Board finds that the Agency

has not met the burden of showing that “refuse” was brought

in by Respondent. In Illinois Department of Transportation

v. Environmental Protection Agency, 9 PCB 263 (1973)

,

the

Agency in a motion to dismiss a variance petition to allow

the use of broken concrete and quarry stone in the control of

erosion stated, “the use of broken concrete and quarry stone

to prevent erosion is a sound land conservation practice;

fulfills the purpose of Title V of the Environmental Protec-

tion Act; and that the materials so used do not fall within

the definition of refuse as it appears. in the Act.” The

Board agreed. The Board still agrees. In the present case

the wood pallets and the foundry sand came from Respondent’s

own activity which is exempt from permit requirements under

Section 21(e) of the Act, although Section 21(b) of the Act,

referring to open.

dumping,

may be applicable. The remainder

23— 123

---

—2—

of the filled area is dirt, concrete and rock. If the

material is placed with sufficient dirt so that there

are no interstices to harbor rodents or other animals

that might serve as vectors or to serve as an aquifer

transmitting leachate and further, if the material is in

such location that the aesthetic value of the site is not

unreasonably degraded then there is minimum potential for

environmental harm. The materials are so used in this

case and do not fall within the definition of refuse as it

appears in the Act.

Mr. Zeitlin dissents.

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

Control B~ard,hereby ce tify the above Order was adopted on

the

~

day of

______________,

1976 by a vote of

4/1

~

Illinois Pollution C

1 Board