ILLINOIS POLLUTION CC~TROLBOARD

October

30,

1975

C.C.D.

DISPOSAL,

INC.,

Petitioner,

v.

)

PCB 75—127

ILLINOIS ENVIRONMENTAL PROTECTION AGENCY,

Respondent.

OPINION

AND

ORDER OF THE BOARD

(by Mr. Goodman):

This

matter comes before the Pollution Control Board

(Board)

upon the petition of C.C.D.

Disposal,

Inc.

(C,C.D.)

for

variance

from Rule 202(a) of the Solid Waste Regulations

for

13

weeks

until July

30,

1975.

On May 2,

1975 the Environ-

mental Protection Agency

(Agency)

filed its recommendation

that the variance be granted.

A hearing was held July

1,

1975,

at

which time there was testimony from residents of

Antioch

in opposition to the variance.

On

the

basis of the hearing and the Agency recommenda-

tiOn,

the

Board finds that much of the alleged hardship in

this

matter was self—induced,

However, Petitioner was

granted

an

Operating Permit

in August of 1975.

This fact,

together

with the fact that the time period for which the

variance

was sought has expired,

leads the Board to the

coinion that C.C.D,~spetition is now moot.

Owens-Illinois,

Inc.

v.

E.P.A., PCB 75—7

(1975).

Therefore,

C.C.D.’s peti-

tion will be dismissed.

This

Opinion constitutes the Board~s findings of fact

and conclusions of law in this matter.

ORDER

It

is the Order of the Pollution Control Board that the

Petition for Variance in this matter be, and is hereby,

dismissed.

,

Christan L.

Moffett, Clerk of the Illinois Pollution

Control

Board, hereby cert~fythe above Opini n

nd Order

were

adopted

on

the

day

of

~

l~75

by

a

vote

of

Coristan

~.

Moffet

Illinois

Pollution

:rol Board

19— 138