ILLINOIS POLLUTION CONTROL BOARD
September 13, 1989
CITY OF CENTRALIA,
)
Petitioner,
)
v.
)
PCB 89—144
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
Respondent.
OPINION AND ORDER OF THE BOARD (by 3. Marlin):
This matter comes before the Board upon a recommendation
filed by the Illinois Environmental Protection Agency (“Agency”)
on September 11, 1989 recommending that the Board grant a 45—day
provisional variance to the City of Centralia. Centralia
requests this variance from 35 Ill. ~dm. Code 807.201 and 807.202
to allow time for application for a permit to operate a temporary
transfer station.
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. ~ round trip to the Perry County landfill is
approximately 100 miles. ~ccording to the ~gency, 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
made to open a regiona~~trans~fer~~tion ~t ~ ~.Qcation more
suitable and that complies with It~i~regu~atiO
~.
103—7 5
—2—
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
1. 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 September 13, 1989 and
continue for 45 days, until October 28, 1989.
b) During the period of this variance, Centralia shall
submit an application to the
~gency
for a permit to
operate a temporary transfer station.
c) Centralia shall construct a twelve (12) foot high chain
link fence around the transfer area as specified in their
drawing submitted with the request. 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 as proposed in the above referenced drawing.
103—7 6
—3—
f) The residential solid waste shall be off—loaded from
Centraliats 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.
2. Within 15 days of the date of this Order, Centralia
shall execute a Certificate of ~cceptance and Agreement which
shall be sent to the following address:
Illinois Environmental Protection Agency
Division of Land Pollution Control
2200 Churchill Road
P.O. Box 19276
Springfield, IL 62794—9276
This variance shall be void if Petitioner fails to execute
and forward the certificate within the fifteen day period. The
fifteen day period shall be held in abeyance during any period
that this matter is being appealed. The form of said
Certification shall be as follows:
CERTI FICAT ION
I, (We), the City of Centralia, having read the Order of the
Illinois Pollution Control
Board, in POB
89—144, dated September
13, 1989, understand and accept the said
Order, realizing that
such acceptance renders all terms and conditions thereto binding
and enforceable.
Petitioner
By: Authorized Agent
Title
Date
103—77
—4—
Section 41 of the Environmental Protection Act, Ill. Rev.
Stat.
1987
ch. 1131/2 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. Gunn, Clerk of the Illinois Pollution Control
Board, hereby certify that the’above Order was adopted on
the
/3’~
day of __________________________, 1989, by a
vote of
__________.
Dorothy M. ,9’unn, Clerk,
Illinois Pd~1utionControl Board
103—78