ILLINOIS

POLLUTION

CONTROL

BOARD

June

27,

1972

City

of

Rockford

)

v.

)

PCB

72-115

Environmental

Protection

Agency

William

E.

Collins,

Esq.,

Legal

Director,

for

the

City

of

Rockford

Lee

A.

Campbell,

Assistant

Attorney

General

for

the

Environmental

Protection

Agency

OPINION

AND

ORDER

OF

THE

BOARD

(by

Mr.

Dumelle)

This

case

is

now

before

the

Board

on

a petition

for

an

extension

of the

original

variance.

The

original

petition

for

variance

was

granted

for

120

days

in

a Board

opinion

dated

January

6,

1972

(PCB

71-311).

The

conditions

of that

variance

were

as

follows:

~‘l.

Before

refuse

is

deposited,

the

bottom

of the pit

shall

be

graded,

and fill

material

acceptable

to

the

Agency

shall

be

placed

in order

to preclude

the

dumping

of

solid

waste

into

water;

and

2.

The

cover

material

for

this

operation

shall

be

approved

by the

Agency before

refuse

is

deposited;

and

3.

Final

contours

and

elevations

shall

be

submitted

to

the

Agency

for

approval

before

refuse

is

deposited;

and

4.

In

all

respects

except

as

noted

in this

order,

the

City

shall

conform

to the

Rules

and

Regulations

in the

operation

of

the

landfill;

and

5.

The

City

shall

diligently

seek

an

acceptable

long-term

solution

to its

solid-waste

problem

and

shall

file

monthly

progress

reports

with

respect

to its

efforts

to

achieve

such

a

solution;

and

4

—

---

6.

The

City

shall

within

60

days

after

receipt

of

this

order

submit

to

the

Agency

and

to

the

Board

a report

regarding

methods

of

preventing

leaching

to

the

waters

after

dumping

is

terminated,

at

which

time

the

Board

will

take

such

further

action

as

may be

appropriate.

The

instant

petition

for

variance

was

filed

with the

Board

on

March

27,

1972.

The

petition

requested

a hearing

and

an

extension

of

the

original

variance

to

June

15,

1972.

A

hearing

was

held

on

May

12,

1972.

Inasmuch

as

the

requested

date

of June

15

has

already

passed,

we

find

it

unnecessary

to

rule

upon

the

merits

thereof

at this

time.

It

is

most

disappointing,

however,

to

note

that

the

City

has

not

complied

with

the

aforementioned

conditions

of the

January

6

order

of this

Board

according

to

the

Agency

statement.

The

receiving

of

a variance

is

not

a matter

of right.

It

is

merely

a privilege

which

carries

with

it

certain

serious

responsibilities

on the

part

of

the

petitioner.

In

this

case

we feel

that

the

City

has

not

met

its

responsibilities

as

enumerated

in the

conditions

of the

January

6

order.

As

of

June

16,

1972,

the

City

has

become

susceptible’

to

any

appropriate

enforcement

action

which the

Agency

may initiate

against

it.

This

opinion

constitutes

the

Board’s

findings

of fact

and

conclusions

of law.

ORDER

It

is

hereby

ordered

that

the

petition

for

an

additional

variance

be

and

hereby

is

dismissed

for

mootness.

I,

Christan

L.

Moffett,

Clerk

of

the illinois

Pollution

Control

Board,

~iereby

certify

the

above

Opinion

and Order

were

adopted

by the

Board

on the

-~

•day of

June,

1972

by

a vote

of

~_

Christan

L.

Moffett,

Cler~’7

Illinois

Pollution

Control

Board