ILLINOIS POLLUTION CONTROL BOARD
    December
    14,
    1978
    CITY OF ROCK ISLAND,
    Petitioner,
    v.
    )
    PCB 78—143
    ENVIRONMENTAL PROTECTION AGENCY,
    Respondent.
    OPINION AND ORDER OF THE BOARD
    (by Mr. Dumelle):
    In an Amended Petition filed on July 10,
    1978 Petitioner
    requested a two year extension of
    a prior Board variance.
    In
    City of Rock Island v. EPA (PCB 75—411,
    75—433,
    76—31;
    29 PCB 49;
    January
    19,
    1978)
    the Board found that Petitioner had violated
    Sections 12(a),
    12(d),
    and 21(e)
    of the Act and granted a variance
    from those sections and Rule 203(f)
    of Chapter
    3.
    The variance
    allowed continued operation of Petitionervs
    solid waste management
    site without
    an operating permit until October 15,
    1978.
    The
    Agency has recommended that the variance be extended for only one
    year.
    On November 21,
    1978 Petitioner accepted the Agency’s
    Recommendation.
    Petitioner has continued
    its pursuit of an acceptable
    site
    to replace its present landfill operation.
    In a Second Amended
    Petition for Variance Petitioner indicated
    it was considering re-
    taining
    a contractor
    to operate a site to be purchased soon.
    Petitioner contends that there are no alternative
    sites in the
    vicinity which could be used while
    a new site is developed without
    significant additional expense.
    A report attached to the Amended
    Petition indicates that concentrations of mercury,
    zinc, and
    copper
    in testwells near the plant site have increased.
    The Agency contends and the Board agrees that the present
    site should be closed as quickly as possible and a new site
    opened.
    A one year extension should be adequate for both purposes.
    Petitioner agrees to refuse to accept liquid or toxic waste at
    the present site but wants
    to accept sewage sludge generated by
    itself,
    the City of Moline,
    and the Village of Milan.
    The Agency
    recommends that this permission
    be extended only to sludge generated
    by the City of Rock Island,
    The Board finds that Petitioner should
    be allowed to accept the sludge from Moline and Milan since
    it
    serves the rest of those municipalities’
    solid waste disposal needs.
    Denial of an extension of Petitioner!s prior variance would
    32—257
    —2—
    constitute
    an arbitrary or unreasonable hardship.
    This Opinion constitutes the Board’s findings of fact and
    conclusions of law in this matter.
    ORDER
    It
    is the Order of the Pollution Control Board that Petitioner
    be granted a variance from Sections 12(a)
    ,
    12(d),
    12(f),
    21(e),
    and 21(f)
    of the Act and Rules 202(b),
    207(a),
    207(b), 213(a),
    313,
    314(e), 316(a) (15) (vi)
    ,
    and 316(b) (1)
    of the Board’s Solid
    Waste Regulations from October 15,
    1978 until October 15,
    1979
    subject to the following conditions:
    (1)
    During the term of this variance Petitioner shall strict-
    ly adhere to the daily and intermediate cover require-
    ments of Rule 305 of the Board’s Solid Waste Regulations;
    (2)
    During the term of this variance Petitioner shall imple-
    ment a program of application of final cover to each
    portion of the site as soon as possible after the final
    placement of refuse
    in each such portion, and shall re-
    port to the Agency on the first day of each month on the
    progress toward completing final cover;
    (3)
    During the term of this variance Petitioner shall not
    accept any liquid or hazardous waste or
    sewage sludge
    at its site other than sewage sludge generated by Petitioners
    the City of Moline,
    or the Village of Milan;
    (4)
    Petitioner
    shall promptly select a new site,
    submit a
    progress report concerning the new site by January
    1,
    1979,
    submit a development permit application by March 15,
    1979,
    and commence permitted operation at the new site
    by October 15,
    1979;
    (5)
    Upon termination of operation on or before October 15, 1979
    at its present
    site, Petitioner shall immediately begin
    to place final cover in accordance with Rule
    305(c)
    of
    the Board’s Solid Waste Regulations; and
    (6)
    Within 45 days of the date of this Order Petitioner shall
    execute and forward
    a Certificate of Acceptance and
    Agreement to the Illinois Environmental Protection Agency,
    2200 Churchill Road,
    Springfield,
    Illinois, 62706
    to be
    bound to all terms and conditions of this variance.
    The
    45 day period shall be held in abeyance during any period
    this matter
    is being appealed.
    The form of the
    Certification shall be as follows:
    32—258
    —3—
    CERTIFICATION
    I
    (We),
    having
    read and fully understanding the Order of the Illinois Pollution
    Control Board
    in PCB 78-143 hereby accept that Order and agree
    to be bound
    by all of its terms and conditions.
    SIGNED
    TITLE
    DATE
    I, Christan
    L. Moffett, Clerk of the Illinois Pollution
    Control Board, hereby certify the above 0 inion and Order were
    adopted on the
    /‘./~
    day of
    _________________,
    1978
    by a vote of
    ;:~_~~~
    Christan L. Moffet~~lerk
    Illinois Pollution Control Board
    32—259

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