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