ILLINOIS POLLUTION CONTROL BOARD
    October
    28,
    1976
    WILLIAM NELSON, Executor of the
    )
    Estate of Clarence
    0.
    Nelson,
    )
    Petitioner,
    v.
    )
    PCB 76—211
    ENVIRONMENTAL PROTECTION AGENCY,
    Respondent.
    OPINION~AND ORDER OF THE BOARD
    (by Mr. Goodman):
    This matter comes before the Board upon
    a Petition for Variance
    extension by William Nelson
    (Nelson), Executor of~the Estate of
    Clarence 0.
    Nelson,
    to whom a previous variance in PCB 75-296 had
    been granted.
    The Illinois Environmental Protection Agency
    (Agency)
    filed its recommendation herein on October 14,
    1976.
    No hearing
    has been held
    in this matter and no citizen complaints have been
    received.
    Nelson alleges
    in his Petition that he has substantially com-
    plied
    with
    the
    Board
    Order
    in
    PCI3 75—296
    Which
    qr~ritcdvariance to
    the
    late Clarence
    0.
    Nelson
    for the purpose of allowinq him to close
    a
    landfill,
    locaLed
    on
    East
    Beecher
    Road
    approxirnaLely
    one
    mile
    south
    of
    its
    intersection
    with
    Galena
    Road
    and
    north
    of
    the
    City
    of
    Yorkville, Kendall County,
    Illinois,
    in
    an
    environmentally
    accept-
    able manner.
    In the compliance schedule in PCB 75-296,
    the south
    slope of the landfill was to be contoured in order to protect a nearby
    stream known as Rob Roy Creek.
    In addition to the closure of said
    landfill, Nelson was ordered to submit quarterly analysis of the water
    quality of Rob Roy Creek from
    a monitoring well for a period of three
    24—
    165
    —2—
    years after the closing of the landfill.
    The Order
    in PCB 75-296
    also included various other terms designed to protect the environment
    during closure~
    In its recommendation,
    the Agency concedes that Nelson has sub-
    stantially complied with all of the requirements
    of the Board Order
    in PCB 75-296 and agrees that the north slope should be contoured in
    a manner similar to the contour effected on the south slope stating
    that such contouring would be
    a more environmentally
    suitable means
    of closure of the site,
    In addition,
    the Agency notes that
    a new
    site will be developed and put into operation
    in this area in early
    1977 but that,
    until this new site is opened,
    forcing the closure
    of Kendall County~sonly operating site would impose an arbitrary
    and unreasonable hardship upon the community.
    Considering the good faith effort on the part of Nelson in
    achieving substantial compliance with the previous Board Order,
    and
    the hardship which would he imposed upon Kendall County by closing
    its only operating site prior to the development of
    a new site
    in
    early
    1977,
    the Boar~~‘li
    grant Nelson an extension of the variance
    previously granted iLIP ~B 75-296, with certain conditions.
    This Opinion constitutes
    the findings of fact and conclusions
    of law of the Board in this matter.
    ORDER
    It is the Order of the Pollution Control Board that William
    Nelson be granted variance from Rule 202(b) (1)
    of Chapter
    7:
    Solid
    Waste Regulations until May
    1,
    1977 subject to the following condi-
    tions:
    (a)
    All relevant terms and conditions of the Board~sDecember
    11,
    1975 Order in PCB 75—296 shall remain
    in full force and
    effecL and;
    (b)
    During
    the
    Lerm of this var tance
    Nelson hha11 opera Lc
    1n
    strict
    compliance with Chapter
    7 and with his closing plan as
    amended by his present petition specifically including but
    not
    limited to:
    (i)
    Application of six inches of cover at the
    end of each day of operation;
    24
    —
    166
    —3—
    (ii)
    Application of two feet of adequate final
    cover material over the regraded south
    slope of the site by no later than
    November 30,
    1976;
    (iii)
    Application of
    a minimum of twelve inches
    of adequate intermediate cover material
    over the central portion and the north
    slope by no later than December 15,
    1976;
    (iv)
    Revegetation of the site as soon after
    closure
    as weather permits, and in no
    event later than July
    31,
    1977;
    (c)
    Within
    30 days of the adoption of this Order, Petitioner
    shall execute and forward to the Environmental Protection
    Agency,
    2200 Churchill Road,
    Springfield,
    Illinois
    62706
    a
    Certification of Acceptance and Agreement to be bound by all
    the terms and co~~di:cionsof this Order, said certification to
    be as follows:
    CERTIF
    ICATION
    I
    (We), __________________________having
    read and fully under-
    standing the Order of the Illinois Pollution Control Board in
    PCB 76-211 hereby accept said Order and agree
    to be bound by all of
    the terms and conditions thereof.
    SIGNED
    TITLE
    DATE
    24
    —
    167
    —4—
    I, Christan
    L. Moffett,
    Clerk of the Illinois Pollution Control
    Board, hereby certify
    he
    inion
    and
    Order
    were
    adopted
    on
    the
    ‘~~‘
    day
    ~
    by a vote of
    ~
    Illinois Pollution ~
    24 —168

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