ILLINOIS POLLUTION CONTROL BOARD
    January 9, 1992
    CITY OF JACKSONVILLE,
    )
    )
    Petitoner,
    )
    v.
    )
    PCB 92—8
    (Variance)
    ILLINOIS ENVIONMENTAL
    PROTECTI~DNAGENCY,
    )
    Respondent.
    ORDER OF THE BOARD (by J. Anderson):
    On January 8, 1992, the City of Jacksonville (Jacksonville),
    filed a petition for variance from 35 Ill. Adm. Code 814.501(b)
    and 814.104(a). Jacksonville seeks to (a) continue to operate
    its landfill for 18 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.
    Jacksonville’s petition is deficient, particularly insofar
    as it fails to comply with the variance petition requirements of
    35 Iii. Adrn. 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. Adin.
    Code 104.121(f). Since, as noted, Jacksonville 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.
    129-409
    2
    initiate closure between two and seven years, i.e. in 3 1/2
    years, the “between two and seven years” provisions of Part 814
    contain the applicable Board regulations. Jacksonville 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),
    Jacksonville appears to be seeking.relief from having to
    demonstrate compliance at any time with any of these stricter
    operating, closure and post—closure standards. Jacksonville
    appears to be seeking, instead, to simply substitute. the
    regulations contained in Part 807. We also emphasize that
    Jacksonville also has not addressed the environmental impact
    information required in 35 Ill. Adm. Code 104.121(g).
    Jacksonville 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.
    IT IS SO ORDERED.
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control
    Bo~,rd,hereby ce tify that the above Order was ad pted on the
    tc’L
    day of
    (
    ,
    1992, by a vote of
    ______
    72
    Dorothy M. ,9’unn, Clerk
    Illinois P~LlutionControl Board
    129—110

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