ILLINOIS POLLUTION

CONTROL

BOARD

November 10, 1976

INCINERATOR, INC.,

Petitioner,

v.

)

PCB 76—237

ENVIRONMENTAL PROTECTION AGENCY,

)

Respondent,

OPINION AND ORDER OF THE BOARD (by Mr. Zeitlin):

This matter is before the Board on a Petition for Variance

filed by Petitioner Incinerator, Inc. (Incinerator) on September 14,

1976. A Recommendation was filed by the Environmental Protection

Agency (Agency) on October 27, 1976. No hearing was held.

The only additional matter before the Board in this case is a

communication received from a private citizen, Shirley Lawrisuk of

Berwyn, Illinois, on October 15, 1976. Mrs. Lawrisuk’s letter,

although neither timely nor actually objecting to the requested

Variance, does complain of an unpleasant odor in the general area

of Petitioner Incinerator’s plant in Stickney, Illinois. Because

Mrs. Lawrisuk did not relate the odor in the area of her home to

Incinerator~s operations, and because of the nature of the relief

requested by Incinerator, our decision in this matter has not been

affected by Mrs. Lawrisuk’s letter.

Incinerator operates an incinerator facility in Stickney,

Illinois, which has been the subject of Board consideration in

several previous matters, and will not be described again here.

EPA v. Incinerator, Inc., PCB 71—69, 2 PCB 505 (Sept. 30, 1971)

People_V. IncincraLor, Inc. and lncinerntor, Inc., v. EPA, PCI3 75—236,

75—88 (con~o1idatod)

,

PCP

,

(June 18, 1976)

In the more recent of those cases, pursuant to a Stipulated

Settlement in the Enforcement case, PCB 75-236, the Board granted

Incinerator a Variance in PCB 75—88, That Variance allows continued

operation of Incinerator!s facility pending its conversion to a

waste transfer station by October 1, 1976, Subject to certain

conditions, Incinerator was allowed in PCB 75—88 to continue refuse

burning operations, (limited to domestic garbage or industrial

paper waste not to exceed 500 tons per day at 20 percent moisture

content)

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271

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In the instant case, Incinerator asks that the Variance granted

in PCB 75-88 be extended until December 31, 1976. As support for

this request, Incinerator notes that a landfill site in the area

of its present waste burning facility and proposed waste transfer

station is ceasing operations. As a result, Incinerator alleges,

its proposed waste transfer station must be increased in size to

handle the additional waste load resulting from closure of the

nearby landfill.

The Agency’s investigation, recounted in its Recommendation,

indicates that this is indeed the case. Recommending grant of the

Variance, the Agency states that a larger transfer station is needed

as a result of events outside of Incinerator’s control.

In light of our Order in PCB 75—236 and PCB 75-88 (consolidated),

where we found that Incinerator had acted in good faith, we are

inclined to agree with

the

Agency’s Recommendation. We shall again

grant the requested Variance, because the two month period requested

is short, because of the hardship to Incinerator and area residents

if the requested Variance is denied, and because of the good faith

exhibited by Incinerator in the past.

That Variance grant will be subject to the same conditions as

were imposed under PCB 75-88. The same limitations on the amount

and origin of the refuse to be burned shall be in effect. We shall

also continue in effect the requirement that Incinerator continue

operation of the air pollution control devices already installed,

(see, Opinion and Order of June 18, 1976, Opinion at 2, 3)

,

at its

incinerator facility.

This Opinion constitutes the findings of fact and conclusions

of law of the Board in this matter.

ORDER

IT IS THE ORDER OF THE POLLUTION CONTROL BOARD that Petitioner

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imposed in PCB 75—88 (June 18, 1976)

Mr. Jacob Dumelle dissented.

I, Christan L. Moffett, Clerk of the Illinois Pollution Control

Board, hereby certify the above Opinion and Order were adopted on

the J~ day of

~

1976, by a vote of •4~~’~~_L•

Christan L. Mof et

,

rk

Illinois Pollution Co rol Board

24

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