ILLINOIS POLLUTION CONTROL BOARD
    April
    3,
    1980
    CITY OF MORRIS,
    Petitioner,
    v.
    )
    PCE 80—11
    ENVIRONMENTAL PROTECTION AGENCY,
    Respondent.
    OPINION AND ORDER OF THE BOARD
    (by Dr.
    Satchell):
    This matter comes before the Board upon a petition filed
    January
    16,
    1980 by the City of Morris
    (Morris)
    requesting a
    variance
    from Rule 305(c)
    of ChaDter 7:
    Solid Waste Rules and
    Regulations which requires final cover on landfills.
    On February
    13,
    1980
    the Environmental Protection Agency
    (Agency) filed a
    motion for extension of time to file recommendation which will be
    granted.
    On March
    18, 1980 the Agency recommended that the var-
    iance be denied.
    Hearing was waived and the Board has received
    no public comment.
    Morris operates a 53.6 acre landfill within its city limits
    which receives all of the garbage generated by the residents of
    Morris and the rest of Grundy County.
    Morris intends
    to close
    the site in the near future and move to a new site across Ashley
    Road.
    Rule 305(c)
    requires two feet of final cover within sixty
    days after placement of refuse in the final lift.
    Morris requests
    a one year delay in the final cover requirement.
    Morris claims that applying the fill within sixty days would
    involve hauling fill under winter conditions.
    However,
    it has
    nearly six months of spring and summer in which to operate before
    fall.
    Morris claims that applying cover before moving the burial
    operation to the west side of Ashley Road would necessitate halting
    all landfill operations.
    It is not clear why this would be the
    case now but not in one year.
    Morris estimates that buying suit-
    able cover material would cost about $260,000 and that it has
    incurred significant operating losses at the landfill for the past
    several years.
    The Agency estimates the cost at between $150,000
    and $200,000.
    It is unlikely that it will be any cheaper to cover
    the site one year hence.
    To the extent Morris has allowed the site
    to operate at
    a loss its financial hardship is self-imposed.
    —2—
    Morris has already applied about
    3/4 foot of cover to the
    site.
    The Agency believes that this
    is inadequate to prevent
    environmental damage.
    Some refuse is now protruding through the
    cover material
    (Rec.
    2).
    There are signs of vector feeding.
    If
    the present minimal cover erodes there will be increasing prob—
    lems with odors, vector feeding, leachate production and the
    possibility of underground fires
    (Rec.
    3).
    The hardships alleged are the same as those faced by any
    landfill operation and do not amount to an arbitrary and unreason-
    able hardship.
    The variance is denied.
    This Opinion constitutes the Board’s findings of fact and
    conclusions
    of law in this matter.
    ORDER
    1.
    The variance
    is denied.
    2.
    The Environmental Protection Agency’s motion for
    extension of time to file a recommendation
    is granted.
    IT IS SO ORDERED.
    Mr. Werner abstained.
    I, Christan
    L. Moffett, Clerk of the Illinois Pollution
    Control Board, he~~ycertify the above Opinion and Order were
    adopted on the
    .3
    day of
    _________,
    1980 by a vote of
    4-0
    ntrol Board

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