ILLINOIS POLLUTION CONTROL BOARD

May 10, 1973

ENVIRONMENTAL PROTECTION AGENCY   

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#72—70

v.

SOUTH WEST REGIONAL PORT DISTRICT

MR. ROBERT F. KAUCHER, APPEARED ON BEHALF OF ENVIRONMENTAL

PROTECTION AGENCY

MR. HAROLD G. BAKER, JR. OF WAGNER, CONNER, FERGUSON, BERTRAND &

BAKER, APPEARED ON BEHALF OF RESPONDENT

OPINION AND ORDER OF THE BOARD (BY SAMUEL T. LAWTON, JR.):

On August 1, 1972, we entered our Opinion and Order on corn—

plaint filed by the Agency with respect to dust emissions from Respon-

dent’s aluminum slag pile. We directed that Respondent submit to the

Board an interim plan for abatement of the nuisance so created, pending

ultimate disposal and removal of the pile.

On October 5, 1972, a plan was submitted to the Board based on

a soil stabilization study prepared by John W. Cook, P. E., of David J.

Johnston & Z~ssociateS, which contemplated the spreading of manure over

the exposed areas, which would generate the growth of vegetation and

hopefully, achieve stabilization of the pile and the ultimate abatement

of the air pollution nuisance so generated.

While this program was originally contemplated as a pilot program,

Respondent has now indicated that the project would be employed to cover

the entire unstable top of the pile. The Agency has indicated its

approval of the program, subject to the following terms and conditions:

“(a) That no more than 30 cubic yards of manure be covered

on any one acre;

(b) That no more than 5 acres be so covered in any given 10—

day period;

(c) That no more than 20 acres be so covered over the duration

of the soil stabilization program;

(d) That all covering activity be completed by July 1, 1973;

(e) That no more than 30 cubic yards of manure may be stock-

piled at any one time on the premises, and for no longer

duration than 10 days;

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(f) That all necessary precautionary measures will be

taken 

to prevent any manure runoff into free surface

water and to reduce odorous air emissions;

(g) Should Respondent desire deviation from the requirements

of (a) 

(f) above, that written request for relaxation

from these conditions be submitted to each of the

following:

Illinois Pollution Control Board

309 West Washington Street

Chicago, Illinois 60606

Attention: Christan L. Moffett

Illinois Environmental Protection Agency

Division of Air Pollution Control

2200 Churchill Road

Springfield, Illinois 62706

Attention: Robert Goldberg, Manager, Variance Section

Such request shall include specific data and information

indicating the exact need and extent of relaxation sought.

(h) Should the proposed soil stablization plan be found defi-

cient at any time after July 1, 1973, Respondent shall

undertake, with approval of the Board, whatever measures

that may be necessary to fully abate the airborne soil

erosion condition.”

We find both the proposal of Respondent and the Agency’s conditions

reasonable and will approve them by Order hereinafter entered.

This opinion constitutes the findings of fact and conclusions

of law of the Board.

IT IS ThE ORDER of the Pollution Control Board that the stabiliza-

tion program contained in October 5, 1972 letter from Harold G. Baker,

Jr., General Attorney, South West Regional Port District, addressed

to the Chairman of the Pollution Control Board and containing soil

stabilization study prepared by John W. Cook, P. E. be and tht~same is

hereby approved subject to the terms and conditions of April 12, 1973

letter from Michael Ginsberg, Enforcement Services Section, Division

of Air Pollution Control, Illinois Environmental Protection Agency,

to Delbert Haschemeyer, Assistant Attorney General, containing response

dated April 10, 1973, setting forth the conditions of approval herein-

above in this Opinion set forth.

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

certify that the above Opinion and Order was adopted on the /o’~’day

of May, 1973, by a vote of q  

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