ILLINOIS POLLUTION CONTROL BOARD

January 23,

1992

D

& B REFUSE SERVICE,

INC.

)

Petitioner,

)

v.

)

PCB 92-12

(Variance)

ILLINOIS ENVIONMENTAL

PROTECTION AGENCY,

Respondent.

ORDER OF THE BOARD

(by J. Anderson):

On January 21,

1992, the D

& B Refuse Service,

Inc.

(D

& B),

filed a petition for variance from 35 Ill.

Adm. Code 814.501(b)

and 814.104(a).

D

& B seeks to

(a)

continue to operate its

landfill for

16 months beyond the two year closure provisions in

Part 814 of the Board’s new landfill regulations and .(b) be

allowed to remain subject to its existing permit,

issued prior to

the new landfill regulations.

Part 814 addresses what are often

referred to as the transition provisions between Board’s old and

new landfill regulations.

In pertinent part, Part 814

essentially provides that an existing landfill must close by

September 18,

1992

(i.e. two years after the effective date of

the Board’s new landfill regulations adopted in R88-7) unless it

can comply with stricter operating,

closure and post—closure

standards for existing landfills that,

as in this case,

are

staying open beyond two years but less than seven years.’

This

is expressly provided in Section 814.401.

These stricter

standards

in large measure reference Part 811, the standards

applicable to new landfills.

See Section 814.402.

Only if a

landfill closes within the two years may it continue operating

under its present permit and close under the closure and post—

closure care provisions of Part 807 of the Board’s old landfill

regulations. See Sections 814.104(a)

and 814.502.

D

& B’s petition is deficient, particularly insofar as it

fails to comply with the variance petition requirements of 35

Ill. Adm. Code 104.121(f)

and

(g).

As opposed to, say,

a

petition for an adjusted standard,

a variance petition requires a

detailed plan,

including a timetable,

for achieving compliance,

albeit delayed, with the Board regulations.

See 35

Ill. Adm.

Code 104.121(f).

Since, as noted,

D

& B is requesting to

1Those

staying

open beyond

seven

years

are subject to the

strictest standards in Part 814.

See Sections 814.301 and 814.302.

129—335

---

2

initiate closure between two and seven years,

i.e. almost

3

-1/2

years,

the “between two and seven years” provisions of Part 814

contain the applicable Board regulations.

D

& B has not

identified which “between two and seven year” standards specified

in Section 814.402 from which it seeks delayed compliance nor has

it presented a plan of compliance,

including a timetable.

We

note that,

in seeking relief from Section 814.501(b), D

& B

appears to be seeking relief from having to demonstrate

compliance at any time with any of these stricter operating,

closure and post—closure

standards.

D

& B appears to be

seeking,

instead, to simply substitute the regulations contained

in Part 807.

We also emphasize that D

& B also has not

addressed the environmental impact information required in 35

Ill.

Adm. Code 104.121(g).

D

& B is directed to file an amended petition curing the

above deficiencies no later than 45 days from the date of this

Order or this matter will be subject to dismissal.

Finally the Board directs D

& B’s attention to five other

variance cases recently filed and involving similar issues.

These are City of Jacksonville, PCB 92-8, Order of January

9,

1992

(virtually identical to the instant order), and Land and

Lakes,

PCB 91—215, 91-216,

91—217 and 91—218, Orders of January

23,

1992

(each case dismissed).

The Clerk’s Office

is directed

to serve D & B with copies of those Orders, along with this one,

via first-class mail.

IT IS SO ORDERED.

I, Dorothy N. Gunn, Clerk of the Illinois Pollution Control

Board1

hereby

tify that the above Order was a~ptedon the

~

day of

Avt~.A_Ly~

1992,

by a vote of

—c

~Dorothy

N. 9~inn, Clerk

Illinois Po~/1utionControl Board

129—336