ILLINOIS POLLUTION CONTROL BOARD

September

6,

1972

CHICAGO REGIONAL PORT DISTRICT

#72—234

V.

ENVIRONMENTAL

PROTECTION

AGENCY

OPINION

AND

ORDER

OF THE BOARD

(BY SAMUEL T.

LAWTON,

JR.)

Petition was filed by Chicago Regional Port District, seek-

ing a variance from the provisions of the Rules and Regulations

Relating to Disposal Sites and Facilities, which Regulations

(Section 5.12(c))

prohibit the “deposition of refuse in stand-

ing water.”

Petitioner, pursuant to its Port District operations, desires

to construct certain outer perimeter dikes in Lake Calumet using

inorganic heavy fill such

as broken concrete, natural stone, brick—

bats,

cinders, clay, slag and some material dredged from Lake

Calumet.

Obviously,

such construction cannot be effected with-

out the deposit of solid material in standing water.

The permit

section of the Environmental Protection Agency has denied

a permit

based on the foregoing regulation.

While the regulations were not

drafted to cover activities of the character here involved, the

proposed construction would constitute a violation of the regulation

and our jurisdiction

is properly sought in this respect.

Paragraph 11 of the petition states as follows:

“(11)

The only manner in which these outer perimeter dikes

can

be

constructed

is

“in

standing

water~

and

the

extensive

diking

already

performed

in

Lake

Calumet

acts

as

a

further

containment.

There is no other practical manner in which such areas can be

developed and as previously stated, all of Lake Calumet Harbor has

been constructed in this manner.

Our estimate is that there is

approximately

3’

of standing water on the west side of Lake Calu—

met where permission is sought to construct this series of con-

necting perimeter dikes running from Slips

5,

7 and

9 to the North

Tur~ningBasin.

All of this

area

is now “under water”.

The Port

District by first developing the outer perimeter dikes

is func-

tioning in accord with the best technical method that can be utilized

for such purposes.

The Port District seeks to create the foundation

for further land usage on the west side of Lake Calumet as it can

be appreciated that lacking tax or subsidization support that it must

5

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365

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exercise every energy and business judgment to enhance its

revenues in order to defray its revenue bond obligations and

other M&O expenses.

Denial of such permission would work an

incredible hardship on the Port District because it would delay

and hamper any land site development in these areas.”

All fill will be confined by the construction of cross-

dikes in such

a manner as to prevent the leakage of materials,

particularly

dredgings,

that

might

have

a

pollutional

impact

on

the

lake.

Petitioner

is

pursuing

its

program

of

harbor

construc-

tion and no reasonable alternative would appear available to the

manner of construction proposed in the petition.

Denial of the

variance would impose an extreme hardship, not only on petitioner,

but on the entire colmttunity dependent on the harbor and port

facilities being constructed by the District.

Accordingly,

the petition for variance is granted, subject

to

the

construction

of

adequate

retention

facilities

to

preclude

any

pollutional

discharge into the lake and the utilization only

of non-pollutional fill, excluding garbage.

See Merle K. Buerkett

v. Environmental Protection Agency,

#71-303; Danville Metal Stamp-

ing Company v. Environmental Protection Agency,

#72-228.

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

Chicago Regional Port District be granted

a variance from the

Rules and Regulations for Refuse Disposal Sites and Facilities

prohibiting the “deposition of refuse in standing water”, sub-

ject to the following terms and conditions:

1.

Petitioner shall take all steps set forth in its peti-

tion with reference to construction and containing

dikes to prevent pollutional discharge of any character

into the waters of Lake Calumet.

No garbage or other

pollutional fill shall be used in the operation.

All

dikes and retention equipment and facilities shall be

maintained

in

a

water-tight

condition.

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

that the above Opinion and Order was aaopted on the

~

Day of

September,

A.

D. 1972, by

a vote of

4’

to

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/

12/

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~tE

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