ILLINOIS POLLUTION CONTROL BOARD
December 11,
1975
CLARENCE 0. NELSON,
)
Petitioner,
)
v.
)
PCB 75—296
)
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 July 28, 1975,
Petition of Clarence
0. Nelson
(Nelson)
and its amendment dated September 18,
1975, for variance from
Rules 201 and 202 of the Solid Waste Regulations.
Petitioner
seeks to operate without a development or operating permit for
the period of one year in order
to close the landfill in an
environmentally sound manner and at the least expense possible.
Nelson was the subject of an Environmental Protection Agency
(Agency) enforcement action for operating without a permit in
PCB 74-476.
Petitioner,
in that action, was ordered to obtain
an operating permit by October
4,
1975. An Agency Recommendation
was received 135 days after the petition was filed and the day
before this decision was due.
Nelson has submitted a closing plan prepared by a
professional engineer and prior manager of the Agency’s
Division of Land Pollution Control.
This plan alleges
(p.
9)
that the cost of reclamation using earth materials would be
$66,000, a
sum
greater than the value of the land after
reclamation.
In addition, it is alleged that the cost to
surrounding communities would be in excess of $25,000.00 for
transportation to a new landfill.
It is alleged that the closing plan suggested by Petitioner
would have the following results:
1)
reducing the amount of moisture entering the refuse
to a minimum;
2)
regrading the slopes to prevent ero~ion;
3)
allowing the site to be placed into productive
use as pasture or cropland.
19
-
440
—2—
The landfill is located within the West 1/2 of Section
8,
Township 37N, Range 7E of the 3rd P.M., Kendall County,
Illinois.
The landfill serves Yorkville,
Piano,
Sandwich, and Oswe~which
collectively have a population of about 15,000 people.
In order to properly close the landfill, Nelson must recontour
the upper surface of the landfill which is currently plateau—like.
The recontouring would shape a
3 to 5
grade in order to encourage
runoff and retard infiltration leachate formation
(pp.4-5).
An
800 foot portion of the south slope would be regraded to reduce
the slope to a maximum 4
to 1 and thereby reduce erosion of
the cover material.
By using refuse for the grading and recontouring,
the total volume of fill material necessary to be removed from
surrounding farmland would be reduced from 38,000 to 7600
cubic yards
(pp.5-6).
The “Closing Plan” and its September 18,
1975, Amendment,
thereto,
are herewith incorporated by reference as though fully
set forth herein.
In chronological order, Petitioner proposes
to effect proper closing by:
1)
Completing the preparation of the south branch of the
landfill;
2)
Sample and analyze the stream known as Rob Roy Creek
quarterly, said sampling to continue for a period of one year
after closing of the site;
3)
A minimum of two feet of brown silty clay will be
applied when final elevations are reached.
A final layer of a
minimum of six inches of organic topsoil will be placed above the clay;
4)
Revegetation of the site will occur after completion of
each fill area as weather permits;
5)
A stockpile of earth materials will be contained with
necessary equipment, material and personnel to repair any settlement
occuring within one year after the landfill
is closed.
The Board
finds the closing plan to be adequate to
protect the environment and is accepted subject to certain
modifications stated in the Order.
In granting this variance,
the Board does
so, not so much to prevent hardship to Petitioner,
but to protect the health of and prevent hardship to the
surrounding communities.
This Opinion constitutes the findings of fact and
conclusions of law of the Board
in this matter.
19
-
441
—3—
ORDER
It is the Order of the Pollution Control Board that:
a)
Clarence 0. Nelson be and is, hereby, granted
variance
from Rules
201 and 202 of the Solid Waste Regulations
for
the sanitary landfill described in the above Opinion,
said variance to expire on June 11,
1976;
and
b)
Petitioner Nelson shall cease and desist from
operating a sanitary landfill at said site on or before June
11,
1976;
and
c)
Petitioner Nelson shall close said site in accordance
with the closing proposal incorporated by reference herein;
and
d)
Petitioner Nelson shall send monthly progress
reports to the Agency and the Board; and
e)
Petitioner Nelson shall submit analysis of the
water quality of Rob Roy Creek and monitoring of well MW-A
for chlorides,
iron,
and total dissolved solids at a point.
between 200 and 300
feet downstream from the most southerly
extension of the landfill,
to the Board and the Agency every
three months until three years after the closing of said
landfill
is effected;
and
f)
Petitioner Nelson shall comply with all portions of
the Solid Waste Regulations except those from which variance
is granted in this Order; and
g)
Petitioner Nelson shall accept only general and
commercial refuse and no liquid and/or hazardous wastes; and
h)
Petitioner Nelson is hereby granted variance from
the paragraph “a” of the Order in PCB 74-476; and
i)
Petitioner Nelson shall post a performance bond of
Fifteen Thousand Dollars
($15,000.00) with the Illinois
Environmental Protection Agency,
in a form satisfactory to
that Agency, to guarantee proper closure of the site contem-
plated in the accompanying Opinion.
Five Thousand Dollars
($5,000)
of said bond shall guarantee performance of the conditions
in
subsection
“e” of this Order and will not be released until three
years after closing of the site.
Such bond shall be posted
within
30 days of the date of this Order, at the following
address:
Environmental Protection Agency
Control Program Coordinator
2200 Churchill Road
Springfield,
Illinois
62706
19-442
-.4--
j)
Within
30
days of the adoption of this Order, the
Petitioner shall execute and forward to both the Illinois
Environmental Protection Agency, 2200
Churchill Road,
Springfield, Illinois
62706 and the Pollution Control Board
a Certification of Acceptance and agreement to be bound to
all terms and conditions of this
Order.
The form of said
certification shall be as follows:
CERTIFICATION
I
(We), _______________________
having read and fully
understanding the Order of the Illinois Pollution Control
Board in PCB
75-296 hereby accept said Order and agree to be
bound by all of the terms and conditions thereof.
Signed
Title
Date
I, Christan L. Moffett,
Clerk of the Illinois Pollution
d Order
Control Board, hereby certify the above 0p~on~n
were adopted on the
______________
day of
______________
l975byavoteof~I..1.~
Illinois Pollution
19
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443