ILLINOIS POLLUTION CONTROL BOARD
December
6,
1973
ENVIRONMENTAL PROTECTION AGENCY,
)
Complainant,
)
v.
)
PCB 71—243
HARRY A. CARLSON,
Respondent.
ORDER ALLOWING EXTENSION OF TIME
(by Mr.
Henss)
On September
26,
1972, pursuant to Stipulation of the
parties,
this Board ordered Harry A. Carison to redesign his
landfill
(located near Palos Hills,
Illinois) by changing the
slope of the land and by covering completed portions of the
landfill with
2 foot compacted layers of impermeable clay capped
with
a
1 foot layer of humus material to support vegetation.
The
Stipulation provided that Respondent would complete this work by
“the Fall of
1973”
and the Board specified that it should be
completed by September
26,
1973.
Respondent now requests an
extension of time to complete the work.
The Environmental ~rotection Agency recommends
a six
month extension,
stating that the original estimate of time
needed for the project was too short.
The Agency further states
that “Carison’s Motion for an Extension of Time
to comply with
a Board Order does not amount to
a variance petition and there-
fore does not require meeting the procedural prerequisites for
variances.
Said Motion addresses no substantive provision of
the Act or consequent Rules and Regulations which will be con-
travened by Carlson’s continued operations”.
The Agency states
that Carison has made reasonable progress in fulfilling the
requirements of the original Stipulation and settlement.
We
will,
therefore,
allow the extension,
subject, however,
to
certain conditions which have been suggested by the Agency and
have been agreed to by the respondent.
10
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193
—2—
ORDER
Respondent shall be allowed to continue
to accept refuse
for disposal at his landfill site until
May
31,
1974.
By July
31,
1974 Carlson shall have completed the application of final cover
over the entire site,
and shall have completed the regrading of
the drainage ditch on the north
and northwest margins of the
landfill
to original grades.
Furthermore,
such extension
of time
is subject
to the following conditions:
a)
The finished grade
of the site shall conform
to the requirements established by Exhibit
“A” of
the Board proceedings
and adopted by
the Board’s
Order of September
26,
1972.
In this respect,
refuse
shall not be placed to an elevation which precludes
the
top of the
final earthen cover material being the final
grade.
b)
Final grading shall
be effected
so that site
surface drainage will be directed off
the site,
thus
minimizing percolation into
the covered refuse.
c)
On
a monthly basis
samples from the following
wells shall be analyzed
and reports shall be submitted
to the Agency during
the extension of time.
Samples
from:
(1)
Wells
60 and
62 are
to be analyzed for:
NH3,
As,
Ba,
B,
Cd,
COD,
Cl,
Cr(TOT),
Cr+6,
Cu,
CN,
DO,
F,
Fe,
Pb,
Mn,
Hg,
Ni,
pH, R.O.E.
(180°C.),
Se,
SO4,
Zn and hardness as CaCO3.
(2)
Wells
58,
2—71,
3—71,
5—71,
6—71,
7—71
are
to be analyzed
for:
NH3,
COD,
Cl,
Fe,
Hg,
Pb,
pH,
R.O.E.
(180°C.),
and
SO4.
d)
Harry A. Carlson shall
institute proper measures
to
assure that roads
on the site
are adeouate
to allow
orderly operations within
the
site.
Working areas within
the site shall be maintained
so that operations
are not
impeded during wet weather or wet conditions,
and adequate
measures shall be instituted so as
to minimize mud
tracking problems on nearby streets
and highways.
e)
Harry A.
Carlson shall within fifteen days of
the date of
this Order post with
the Agency
a bond
or
other security satisfactory
to the Agency
in the amount
of $10,000.
Said bond or other security shall be for-
feited
to the State of Illinois
in the event that Respondent
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194
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fails
to redesign the landfill and apply cover in
the manner specified within the time allotted by
Board Order.
f)
Harry
A.
Carison shall be released from
the bond previously posted with the Agency, which
bond was posted in accordance with Point
7 of the
Order adopted on September 26,
1972, PCB 71—243.
g)
Respondent shall comply with all other
portions of Board Order
71-243 adopted September 26,
1972,
all applicable provisions
of the Environmental
Protection Act and the rules and regulations promul-
gated thereunder.
Mr. Marder abstained.
I,
Christan L. Moffett, Clerk of
the Illinois Pollution Control
Board,
h
reby
ertify
the
above
Order
was
adopted
this
~
day
of
~
1973
by
a
vote
of
3
to
~
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