ILLINOIS POLLUTION CONTROL BOARD

November 2, 1989

CITY OF CENTRALIA,

Petitioner,

v.

)

PCB 89—172

ILLINOIS ENVIRONMENTAL

PROTECTION AGENCY,

Respondent.

OPINION AND ORDER OF THE BOARD (by J. Marlin):

This matter comes before the Board upon a recommendation

filed by the Illinois Environmental Protection Agency (“Agency”)

on October 31, 1989 recommending that the Board grant a 45—day

provisional variance to the City of Centralia. Centralia

requests this variance from 35 Ill. Adm. Code 807.201 and 807.202

to allow time for application for a permit to operate a temporary

transfer station. The Board granted a prior provisional ~.Yariance

from these rules on September 13, 1989 until October 28, 1989.

Centralia has stated that on August 25, 1989, the regional

landfill located just outside Centralia was.closed by

representatives of the Agency and the Illinois Attorney General’s

Office, forcing the City to haul its residential solid waste to

the Perry County landfill near DuQuoin, Illinois. Although the

Centralia landfill has since reopened, Centralia is still hauling

its solid waste to Perry County so as to avoid being involved in

the dispute between the State Agencies and the owner of the

Centralia landfill. A round trip to the Perry County landfill is

approximately 100 miles. According to the Agency, the increased

hauling effort is straining the city’s capacity to maintain the

collection of residential solid waste.

Centralia seeks this provisional variance to enable them to

operate a non-regional transfer station wherein the residential

solid waste collected by City crews would be transferred from the

collection vehicles to an over—the—road truck and trailer. The

area and population would be that contained within the City

limits of Centralia. That area consists of approximately 6.25

sq. miles and 15,217 people. Centralia collects approximately

400 cubic yards of residential solid waste per week.

Centralia has stated that obtaining the requested

provisional variance would allow time to submit an application

for a permit to operate a temporary transfer station until a

final determination is made concerning the Centralia landfill.

If the landfill is permanently closed, plans would probably be

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made to open a regional transfer station at a location more

suitable and that complies with IEPA regulations.

Centralia has stated that denial of its provisional variance

petition would create an arbitrary and unreasonable hardship for

the city of Centralia. The city has three garbage trucks. The

Agency states that the additional miles driven to DuQuoin has

altered scheduled collection routes and place an unusual hardship

upon the vehicles. Centralia fears frequent and serious

mechanical failures can be expected. The Agency states that no

other provisional variances have been granted to the city of

Centralia within the calendar year and that there are no federal

laws which would preclude the granting of this provisional

variance.

The Board having received notification from the Agency that

compliance on a short term basis with 35 Ill. Adm. Code 807.201

and 807.202 would impose an arbitrary or unreasonable hardship

upon Centralia, and the Board concurring in that notification,

will grant Centralia’s provisional variance, subject to the

conditions suggested by the Agency.

This Opinion constitutes the Board’s findings of fact and

conclusions of law in this matter.

ORDER

The City of Centralia is hereby granted provisional variance

from 35 Ill. Adm. Code 807.201 and 807.202, subject to the

following conditions:

a) Variance shall commence on November 2, 1989 and continue

for 45 days, until December 17, 1989.

b) During the period of this variance, Centralia shall

submit an application to the Agency for a permit to

operate a temporary transfer station.

C)

Centralia shall contain litter within the twelve (12)

foot high chain link fence around the transfer area.

Additional employees shall be available to pick up litter

on an as—needed basis. Daily supervision shall be

provided by the City’s Public Works Director and City

Manager. Odor will be controlled by daily spraying of a

sanitizing solution.

d) The area and population shall be that contained within

the City limits of Centralia, an area approximately 6.25

square miles and 15,217 people.

e) Concrete bunkers located at Centralia’s maintenance yards

at 114 E. 5th shall be used as the off—loading staging

area.

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f) The residential solid waste shall be off—loaded from

Centralia’s collection trucks and loaded onto an over—

the—road truck and trailer and transported to an Agency

permitted landfill. The trailer shall be, provided with a

cover to prevent waste from blowing out during transport.

g) No waste shall be allowed to remain overnight in any

concrete bunker. Full trailers shall be taken to the

landfill daily and not allowed to remain at the site

overnight. Partially loaded trailers may remain

overnight within the fenced—in area until fully loaded

the next day. Full or partially loaded trailers shall

not remain at the site over weekends or holidays.

Section 41 of the Environmental Protection Act, Ill. Rev.

Stat. 1987 ch. 1ll~par. 1041, provides for appeal of final

Orders of the Board within 35 days. The Rules of the Supreme

Court of Illinois establish filing requirements.

IT IS SO ORDERED.

I, Dorothy M. Gunri, Clerk of the Illinois Pollution Control

Board, hereby certify that the above 0p ion and Order was

adopted on the

“~“

day of

_________________________

1989, by a vote of

________

Dorothy M./~unn, Clerk,

Illinois Po1lut~onControl Board