ILLINOIS POLLUTION CONTROL BOARD
    January
    9,
    1975
    RODNEY SCHROEDER d/b/a
    RODNEY SCHROEDER
    &
    SON DISPOSAL
    SERVICE,
    Petitioner,
    vs.
    )
    PCB 74—370
    ENVIRONMENTAL PROTECTION AGENCY,
    Re.spondent.
    OPINION AND ORDER OF THE BOARD
    (by Mr. Henss):
    Rodney Schroeder d/b/a Rodney Schroeder
    &
    Son Disposal
    Service filed Petition for Variance seeking relief from Rule
    202(b) (1)
    of
    the Solid Waste Regulations for a period of six
    months in order to continue operating his landfill pending
    development and operation of
    a
    more suitable landfill site.
    Rule 202(b)9l)
    requires an operating permit for use
    or
    operation
    of any solid waste management site
    in
    Illinois.
    Petitioner has operated a 627
    acre sanitary landfill at
    the Southeast edge of Milford
    in
    Iroguois County since 1966.
    The site was registered with the Illinois Department of Public
    Health in 1967.
    Less than 50 cubic yards per day of refuse
    are being deposited at the site.
    This quantity of waste repre-
    sents the waste generated by a population of about 2300 persons,
    local Milford businesses and canning industry.
    A permit application submitted by Petitioner in April 1974
    was denied by the Agency in May 1974.
    Petitioner submitted a
    second application which was denied in late August 1974.
    The
    reason given by the Agency was that Petitioner indicated plans
    to cut
    5~
    deep trenches in an area which appeared
    to
    have a
    4~
    static water level.
    Petitioner states that the Village of Milford, realizing
    the plight of its only refuse hauler,
    is purchasing
    a site which
    is
    expected to
    be
    ready and permitted for use as a landfill early
    in
    1975.
    A professional engineer has been retained to design the
    site.
    Petitioner has been asked by the Village to operate the
    15— 211
    site once it
    is ready and permitted.
    Two other landfills are
    located within 20 miles of Milford but neither has a permit
    from the Agency.
    The nearest landfill with a valid Agency permit
    is located about
    35 miles away.
    Hauling, costs to this site are
    estimated to be a minimum of about $500 per month which Petitioner
    believes would be prohibitive for his business.
    Schroeder seeks to operate his landfill for a period of time
    not to exceed six months.
    If granted the variance Schroeder
    agrees to abide by three conditions:
    First, he agrees to halt
    ~1~~*er
    trenching at the present site of operation and operate
    only on higher ground to the North as remote as possible from
    ground water and a nearby creek.
    All operations at the higher
    level site will be in accordance with the Solid Waste
    Regulations
    except for the permit requirement of Rule 202(b)(l).
    Second, he
    agrees to close his landfill and apply proper final cover as soon
    as the Milford landfill receives
    an operating permit.
    Third,
    should the Milford landfill not receive a permit prior to the
    expiration of the six month variance, Schroeder will seek an
    alternate method of disposal in accordance with all Board Regu-
    lations and will properly close his landfill site.
    A report from the Illinois Geological Survey states that
    the site chosen for the proposed Milford landfill is situated in
    an area with relatively impermeable surficial materials.
    The
    Survey reasoned that there would be little potential for
    aquifer
    pollution as a result of operations at the proposed Milford site.
    The Agency Recommendation was filed on January
    8,
    1975
    almost too late to be of assistance.
    The Agency does not dispute
    the facts alleged by Petitioner but recommends
    a denial.
    Petitioner shall be granted the requested variance for ~
    period of six months.
    The Village of Milford, its citizens and
    industry would be placed in a serious predicament if forced tb
    suffer the loss of their only landfill site.
    While the Agency,
    in
    its denial of permit,
    hints of possible ground water contamination,
    no evidence of pollution from Petitioner’s site has been shown.
    If Petitioner conducts his operation in compliance with his own
    suggested program any possibility of ground water contamination
    should be minimal.
    ORDER
    It is the Order of the Pollution Control Board that Rodney
    Schroeder d/b/a Rodney Schroeder
    & Son Disposal Service is granted
    variance from Rule 202(b) (1)
    of the Solid Waste Regulations until
    July
    9,
    1975 on the condition that:
    1.
    Petitioner shall cease trenching at the present
    location and shall operate the landfill to the North
    of the present activ~operation in order to avoid
    contamination of the ground water and nearby creek.
    15
    —212
    2,
    Petitioner shall
    CloSe
    his landfill and provide
    proper final cover as soon as practicable after the
    Milford landfill is in operation.
    3.
    Petitioner shall properly close his landfill and
    seek an alternative method of disposal in the event
    the proposed Milford landfill has not received an
    operating permit by July
    9, 1975~
    4.
    Petitioner shall comply with the Solid Waste Regu-
    lations except for the requirement of Rule 202(b) (1)
    I, Christan L. Moffett, Clerk of the Illinois Pollution Control
    Board, hereby certify the above Opinion and Order was adopted
    this _______day
    of
    1975 by a vote of ~to
    ~

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