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

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