ILLINOIS POLLUTION CONTROL BOARD
    December
    9,
    1971
    CITY OF DANVILLE
    #71-282
    V.
    ENVIRONMENTAL PROTECTION AGENCY)
    MR. LARRY LESSEN, ATTORNEY FOR PETITIONER, CITY OF DANVILLE
    MR.
    FREDERICK HOPPER, ASSISTANT ATTORNEY GENERAL, ATTORNEY FOR
    ENVIRONMENTAL PROTECTION AGENCY
    OPINION OF THE BOARD
    (BY MR. LAWTON):
    The City of Danville
    filed
    a petition for variance received
    by
    the Board on September
    16,
    1971, requesting to be relieved of the
    provisions of the Environmental Protection Act and the Rules
    and
    Regulations relating to landfill operations,
    for a six—month period,
    in order
    to bring its existing landfill operation into compliance.
    We entered
    an Order on September
    27,
    1971,
    authorizing
    a hearing
    and directed
    that the petition be amended to specify what provisions
    of the
    law Danville thought imposed an unreasonable hardship,
    a~.d
    the reasons therefore.
    We noted that the Board cannot grant
    a blanket
    exemption from all laws.
    On November
    12,
    1971,
    an amended petition was filed stating that
    the City owns
    a 56-acre tract in the unincorporated area of Vermilion
    County,
    of which
    31
    acres have been used by it for landfill operations.
    The petition further alleges that upon notice from the Environmental
    Protection Agency
    that the landfill did not meet
    legal requirements,
    the
    City ceased operation of the landfill site and shortly thereafter,
    entered into
    a contract with
    H
    & L Disposal Company, pursua~itto which
    H
    &
    L Disposal Company would develop
    a new landfill operation
    on fifteen
    acres of the 56—acre tract
    not. previously used and would simultaneously
    take the necessary
    steps to close out a~dcover
    the pre-existing land-
    fill site so as to bring
    it into compliance with
    the relevant provi-
    sions of the
    law.
    The petition states that the above—described combined operation
    will
    take six months
    to bring the
    old site into compliance.
    Immediate
    close—out and covering of the old 31-acre
    site would cost $89,000.00,
    whereas the
    program
    contemplated
    by
    the
    H
    & L Disposal Company contract
    would be accomplished without any additional cost to the City.
    The
    3

    petition again requests
    a six-month variation to close out
    and cover
    the
    31
    acres
    site
    and
    bring
    it into compliance with the ~ct ard Requ--
    lations.
    The recommendation of the Environmental Protection Agency con—
    firms that the old refuse site was closed on April
    23,
    1971 and that
    most of
    the
    refuse on the site has been spread and compacted but has
    not
    been
    adequately
    covered.
    The
    recommendation
    further
    notes
    that
    drainage
    on
    the
    site
    has
    been
    inadequate
    and
    leachate
    flows
    from
    the
    site
    toward
    the
    Vermilion
    River.
    The Agency recommends
    that
    the
    variance
    be
    granted
    providing
    that
    covering
    be
    initiated
    immediately
    and
    pursued
    diligently
    until
    final
    completion.
    Hearing
    was
    held
    on
    the
    petition
    and
    recommendation
    on
    November
    15,
    1971.
    The
    testimony
    and
    evidence
    supported
    the
    essential
    allegatIons
    of
    the
    petition.
    H
    &
    L
    Disposal
    Company
    would
    use
    the
    new
    15—acre
    site
    for
    landfill
    ooerations.
    Dirt
    removed
    upon
    the
    digging
    of
    trenches
    in
    this
    location
    would
    be
    used
    for
    cover
    at
    the
    old
    site.
    ~o
    feet
    of
    dirt
    would
    be
    emplaced
    to
    provide cover
    (R.12,l3.).
    The record
    supports
    the
    Agency~s
    allegation
    that
    leachate
    has
    emanated
    from
    the
    southeast
    corner
    of
    th~ old
    landfill
    area
    which
    ultimately enters
    the
    Vermilion
    River
    (R.24).
    (Environmental
    Protection
    Agency
    Ex-
    hibitbNo.
    1—4).
    While
    some
    effort
    has
    been
    made
    to
    control
    this
    condition,
    the
    leaching
    continues
    to
    the
    present
    time.
    At
    the
    close
    of
    the
    hearing,
    counsel
    for
    the
    Agency
    proposed
    that
    its
    reco:imendation
    of allowance
    be
    modified
    to
    require
    that
    adequate
    covering
    be
    placed
    on
    those
    portions
    of
    the
    southeast
    corner
    of
    the
    old
    tract
    so
    as
    to
    preclude
    further
    leaching
    within
    thirty
    days
    from
    the
    granting
    of
    the
    variance.
    We
    find
    this
    a
    reasonable
    proposal
    and
    will
    incorporate
    it
    in
    our
    variance
    order
    hereinafter
    set
    forth.
    The
    program
    proposed
    by
    the
    city
    is
    a reasonable one and will
    eliminate
    an unsatisfactory condition.
    The time schedule requested
    for compliance
    is not overly long.
    Insistence on immediate compliance
    would impose
    a hardship on the City disproportionate with
    the burdens
    on the community
    in having the uncovered condition
    of the old site con-
    tinue for
    a six-month period.
    This Opinion constitutes the findings of fact
    and conclusions of
    law of the Board.
    IT IS THE ORDER of the Pollution Control Board that the City of
    Danville be granted a variance from
    the
    Rules
    and
    Regulations
    for
    Re-
    fuse Disposal Sites and Facilities with regard to
    its old landfill
    site located in Vermilion County until June
    9,
    1972,
    subject to the
    following terms
    and conditions:
    3
    24~

    1.
    The old landfill site will not be used for any
    new
    garbage or refuse disposal;
    2.
    Two
    feet of cover shall be emplaced over
    all uncovered
    portions of the tract so
    as
    to bring the
    site into
    compliance with the Rules
    and Regulations for Refuse
    Disposal Sites
    and Facilities by June
    9,
    1972;
    3.
    On or before January
    9,
    1972,
    the
    City of Danville
    shall cause
    all necessary steps
    to be taken to pre-
    vent any further leaching from the southeast corner
    of
    the old landfill site.
    Inspection shall be made
    by
    the Environmental Protection Agency no later than
    January
    20,
    1972 to determine that
    this provision
    has
    been
    complied
    with
    and
    that
    all
    leachate
    emissions
    have
    terminated;
    4.
    The
    operation
    of
    the
    new
    landfill
    site
    to
    be
    operated
    by
    H
    &
    L
    Disposal
    Company
    shall
    comply
    with
    all
    rele-
    vant
    provisions
    of
    the
    Environmental
    Protection
    Act
    and
    the
    Rules
    and
    Regulations
    for
    Refuse
    Disposal
    Sites and Facilities.
    I, Christan L. Moffett, Acting Clerk of the Pollution Control
    Board,
    certify that
    the above Opinion was adopted on
    the
    ~
    day
    of December,
    1971.
    /~JLL
    ~
    3-” 247

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