ILLINOIS POLLUTION CONTROL BOARD
December 13, 1979
INTERPACE CORPORATION,
a Delaware corporation,
)
Petitioner,
V.
)
PCB 79~206
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
)
Respondent.
OPINION AND ORDER OF THE BOARD (by Mr. Werner):
This matter comes before the Board on a Petition for
Extension
of Variance filed on October 1, 1979 by Interpace
Corporation
requesting an extension of its existing variance (PCB 77—264)
from
the daily cover requirements of Rule 305(a) of Chapter
7:
Solid
Waste Regulations. On November 9, 1979, the Illinois Environmental
Protection Agency (liAgency~) filed a Motion for Leave to File its
Recommendation Instanter and a Recommendation. This motion is hereby
granted. The Agency has recommended that the Petition for
Extension
of Variance be granted for a period of 4 years subject
to various
conditions, Interpace Corporation has waived its right to a
hearing,
and no hearing has been held in this matter.
Interpace Corporation manufactures reinforced concrete pipe at its
plant in Winnebago County, Illinois. This facility covers 93 acres and
employs 170 people. In its daily operations, the Company utilizes
approximately 120 tons of sand, 90 tons of ~stone and 45 tons of cement.
These materials are mixed together with a fixed amount of water to make
concrete. The concrete is then poured into steel molds
over re~rods
and cured, These steel molds are removed after curing, leaving a con-~
crete pipe which is then used for water and wastewater transmission.
After the day~sproduction is completed, there remains 2 to 4
tons of concrete to be disposed of as a result of spillage, breakage,
and waste, The concrete waste, cull pipe, and occasional steel rod
embedded in the concrete is transported by dump truck to a landfill
site which is situated on the Company~sproperty in an old rock quarry
located behind the firm~smanufacturing area,
In its Recommendation, the Agency notes that it has conducted
5 inspections of the Petitioner~s facility since December 28, 1977,
with each inspection indicating general compliance, Interpace
37—29
Corporation alleges, and the Agency agrees, that application of daily
cover, costing approximately $1,000.00 per week (which includes labor
and large machinery rental costs), would result in an arbitrary and
unreasonable hardship because the concrete waste material is relatively
inert and does not harbor rodents or cause any noxious odor. Moreover,
since the disposal site is located
at
the rear of the Petitioner~s
property and not readily visible to passersby on the closest road to
the site, the possibility
that
the site could become an eyesore
appears somewhat remote,
Additionally, due to the large volume of waste material generated
on a daily basis, disposal at this landfill appears to be the only
practical, reasonable, and economically feasible alternative. The
Agency believes that any potential environmental harm resulting from
the grant of a variance extension can be adequately handled
by
the
placement of intermediate and final covers.
The Board agrees with the Agency and finds that denial of the
extension of this variance would constitute an arbitrary and unreason-
able hardship. Interpace Corporation is granted a variance from Rule
305(a)
of Chapter 7: Solid Waste Regulations until December 13, 1983
subject to the conditions that: (1) the
exposed surface of the land-
f ill shall not exceed one acre and disposal shall be limited to the
height of the adjacent terrain, and (2) intermediate cover shall be
placed over the site every six months and final cover at the end
of
the variance period,
This Opinion and Order constitute the Board~sfindings
of
fact
and conclusions of law in this matter,
ORDER
It is the Order of the Illinois Pollution Control Board that
Interpace Corporation is hereby granted a variance from Rule 305(a)
of Chapter 7: Solid Waste Regulations until December 13, 1983,
subject to the following conditions:
1). The exposed surface of Petitioner~s site shall be limited to
no more than one acre;
2). Disposal shall be limited to the relative height of adjacent
improved terrain and to the type of materials previously handled
at the site (such as concrete waste, cull pipe, and occasional
steel rod embedded in the concrete);
3), Petitioner shall cover the exposed
surface every 6 months
with
1
foot
of earthen material and with 2 feet of final
cover
at
the end
of
the variance period, and
4). Within 45 days of the date of this Order, Petitioner shall
execute a Certification of Acceptance and Agreement to be
bound to the terms and conditions of this variance, This 45
day period shall be held in abeyance if this matter is appealed.
37—30
—3—
The Certification shall be forwarded to the
Illinois Environ-
mental Protection Agency, Variance Section, 2200 Churchill
Road, Springfield, Illinois 62706 and shall read as follows:
CERTIFICATION
I (We),
_________________
having
read and fully understanding ~
accept that Order and agree to be bound by all of its terms
and conditions,
SIGNED ____________________________
TITLE _______________________________
DATE ________________________________
5). The
Agency~s
motion for leave to file its Recommendation
instanter is hereby granted.
I, Christan L. Moffett, Clerk of the Illinois Pollution Control
Board, hereby certify that1the above Opinion and Order were adopted
on the J~~~day of
~
1979 by a vote of
¾~ô
~stanL,Moffelerk
Illinois Pollution Control Board
37-3 1