ILLINOIS POLLUTION CONTROL BOARD
April
2,
1981
CITY OF DECATUR,
Petitioner,
v.
)
PCB 80—204
ILLINOIS ENVIRONI~ENTAL
PROTECTION AGENCY,
)
Respondent.
OPINION 2~NDORDER OF THE BOARD
(by D. Satchell):
This matter comes before the Board upon a petition and
amended petition for variance filed November
6, 1980 and
January
19, 1981 by the City of Decatur
(Decatur).
The
amended petition requests a variance from the final cover
requirement of Rule
305(c)
of Chapter
7:
Solid Waste
in
connection with a disposal site for sludge produced by a
public water supply treatment works.
On February 17, 1981 the
Illinois Environmental Protection Agency
(Agency)
recommended
that the variance be granted with conditions.
Decatur waived
its right to a hearing and no public comment has been received.
Decatur operates a public water supply treatment plant
known as the North Water Treatment Plant,
This
is situated
within Decatur on County Highway 24 near Lake Decatur, which
is the source of water for the city.
It is formed by damming
the Sangamon River south of Decatur.
Water treatment at the plant includes softening and
coagulation.
This produces a lime—alum sludge composed prin-
cipally of calcium carbonate, magnesium hydroxide and
aluminum hydroxide.
On July
31, 1978 the Agency issued Decatur an experimental
solid waste disposal permit for the sludge, No. 1978-2-Ex
(OP.).
The permit authorized landfilling on a 20 acre site in the W 1/2
of the NE 1/4 of the SW 1/4 of Section 34,
T 17 N, R
3 E of the
3rd P.M., Macon County
.
According to an affidavit attached to
the amended petition the site is owned by one Norman Sarver, who
also has responsibility for operation of the site under contract
with Decatur.
It
is not clear if the site is proximate to the
water treatment plant.
Rule
305 requires six inches of daily cover, twelve inches
of intermediate cover and two feet of final cover, which is to
be placed over the entire surface of the final lift not later
41—185
—2—
than sixty days following the placement of refuse in the final
lift, unless
a different schedule has been authorized in the
operating permit.
Rule 305 also provides that all of the
cover requirements may be adjusted by permit,
The July
31, 1978 permit provided that “daily cover is
waived
in lieu of final cover unless it is demonstrated to the
Agency that a potential for pollution exists.”
Few details have been provided concerning the design or
operation of the site.
Berms were constructed to prevent con-
tamination of Lake Decatur through runoff.
An Agency inspection
on November 14, 1980 disclosed a substantial break in the berm.
The Agency has asked that Decatur be required to repair this.
The experimental permit expired July 31, 1980.
Apparently
sludge was dumped in the site during the term of the permit.
There is no information concerning the physical properties of
the sludge, the quantities involved or whether it was mixed or
dried before final deposition.
During August of 1980 Norman
Sarver attempted to comply with the final cover requirement
by means of trucks and earth—moving equipment, but was unable
to do so
f!because the extremely unstable nature of said lime-
alum sludge rendered
Mr.
Sarver~sequipment inoperable.”
Decatur states that the sludge has been uncovered for two
years with no showing of pollution,
or potential pollution, of
Lake Decatur.
The Agency believes the site would not pose
a
significant threat of pollution to the environment if the berm
were properly maintained during the period of the requested
variance.
Decatur believes that the freeze-thaw cycles during
winter and spring aid in dewatering this sludge.
Immediate
covering could be accomplished only by hand using wheel barrows
to transport the cover material.
This would be far more ex-
pensive.
Decatur believes that covering with equipment can
easily be completed by July 31, 1981.
The Board finds that requiring immediate application of
final cover would impose an arbitrary or unreasonable hardship
upon Decatur.
The variance will be granted with conditions
similar to those recommended by the Agency.
41—186
3—
The Board notes that since the cover requirements and the
schedule for final cover may be adjusted by permit condition,
it is within the power of the Agency to issue a permit which
would have the same effect as this variance.
However, in
order to expedite the cleanup of the site and to assure issuance
of any necessary permits, the Board will grant the requested
variance.
This Opinion constitutes the Board’s findings of fact
and conclusions
of law in this matter.
ORDER
Petitioner, the City of Decatur,
is granted a variance
from Rule 305(c)
of Chapter
7: Solid Waste, subject to the
following conditions:
1.
This variance will expire July
31,
1981.
2.
This variance applies only to the site described
in the Opinion, which site is in the W 1/2 of the NE 1/4 of
the SW 1/4 of Section 34, T
17 N, R
3 E of the 3rd P.M.,
Macon County.
3.
Within forty-five days of the date of this Order,
Petitioner shall repair the berms
at the site so they are
in conformity with the conditions of Experimental Permit
No. 1978—2-Ex
(Op).
4.
Petitioner shall,
as
a condition of this variance,
maintain the berms at the site for
a period of two years
from the date of this Order;
and, thereafter for so long as
is required by law.
5.
On or before July 31,
1981 Petitioner shall apply
at least two feet of suitable final cover to the sludge on
the site.
6.
Within forty-five days of the date of this Order,
Petitioner shall execute and forward to the Illinois Environ-
mental Protection Agency, Variance Section, 2200 Churchill
Road, Springfield, Illinois 62706,
a Certificate of Acceptance
and Agreement to be bound to all terms and conditions of this
variance.
This forty-five day period shall be held in
abeyance for any period this matter is being appealed.
The
form of the Certificate
shall be as
follows:
41—187
—4—
CERTIFICATION
I,
(We)
,
__________________________________,
having read
and fully understanding the Order in PCB 80-204, hereby accept
that Order and agree to be bound by all of its terms and
conditions.
SIGNED ________________________
TITLE
______________________
DATE
________________________
IT IS SO ORDERED.
I, Christan L. Moffett, Clerk of the Illinois Pollution
Control Board, hereby certify that the above Order was adopted
on the
~
day of
_________,
1981 by a vote of
~
p
/~
/
~A~-L~-~
~
~
1
Christan L. Moffett, Clerk
~
Illinois Pollution Control Board
41—188