ILLINOIS POLLUTION CONTROL BOARD

March

8,

1973

KIENSTEA

CONCRETE,

INC.

#73-9

v.

ENVIRONMENTAL PROTECTION AGENCY

OPINION AND ORDER OF THE BOARD

(BY SAMUEL T.

LAWTON,

JR.):

On November

8,

1972,

we entered an Order in case entitled

Environmental Protection Agency

v. Kienstra Concrete,

Inc.,

#72—72,

with respect to contaminants being emitted from

a slag pile on

property owned by Kienstra.

A slag pile had existed on the property

when it was acquired by Kienstra and had been a source of major

water pollution,

from which contaminants flowed into an unnamed

creek into

the Cahokia Creek, and eventually, into the Mississippi

River.

Paragraphs

1,

2 and

3 of our Order, wich had been based on a

stipulation

for settlement agreed to between the parties, provided

as follows:

Hi.

Respondent secure sufficient earthen cover from a tract

away from the area

in.which the old mine slag pile

is pre-

sently located and use it to completely and thoroughly

cover the mine slag and other sources of contamination to

a sufficient depth that future rain and other moisture in

the area will

not, either alone or in combination with

matter from other sources, contaminate the subject unnamed

tributary of Cahokia Creek.

Said earthen cover will be

supplied either from an adjacent tract owned by Illinois

Terminal Railroad Company or from a portion of the tract

owned by Respondent but located a substantial distance

from the mine waste storage area.

2.

Respondent promptly plant appropriate vegetation upon the

said earthen cover so used in such manner as

to prevent

wash and erosion.

3.

Respondent fully accomplish the acts referred to in Para-

graphs

1 and

2 above on or before December 31,

1972,

all

at the expense of Respondent,u

7

—

229

---

A petition for extension of time in which to comply with the

correction order was filed with the Board, requesting that the

period for compliance be extended to June 30,

1973.

Kienstra

alleges that because of unusually heavy rainfall in November of

1972, the correction work was impeded and the December 31, 1972

compliance date could not be achieved.

The engineer for the

Company has stated in a letter attached to the variance petition

that no earth work can be embarked upon until April of 1973 and

the necessary construction should be completed by June 30,

1973.

Recommendation filed by the Agency concurs

in the request,

noting the excessive rainfall, during November and recommends that

the petition be granted allowing Kienstra until June

30,

1973 to

comply with paragraphs

1,

2 and

3 of our November 8,

1972 order.

We grant the variance as requested.

This opinion constitutes the findings of fact and conclusions

of law of the Board.

IT IS THE ORDER of the Pollution Control Board that Paragraph

3

of our November 8,

1972 order be amended by deleting the compliance

date therein specified as December 31,

1972 and substituting in

lieu thereof the date June 30,

1973.

I, Christan Moffett, Clerk of the Illinois Pollution Control Bo~rd,

certify that the above Opinion and Order was adopted on the

~

day of March,

1973,

by a vote of

,~

to

~

~

—2—

7

—