LL~ PuLLUTION

CONTROL BO

~nuary

19,

1978

C~ OF ROCK ISLAND, a

)

municipal corporation,

)

Petitioner,

PC

75~41l

75-413

IL ~l~EOF ILLINOIS ENVIRONMENTAL

)

PRCTLC~ION AGENCY,

Respondent~

MP.

STEWART

R.

WINSTEIN OF WINSTEIN, KAVENSKYY ~ALLACE &

DOUGHTY, APPFARED ON BEE F

OF

THE CITY 07 ROCK ISLAND.

MR, ARTHUR B~ MUIR, ASSISTANtm ~I3BNEY GENERAT, APPEARED ON

BEHALF OF THE

ILLINOIS B’

:

~NMENTAL PROYECTION AGENC

OPINION AND

ORDER OF THE B~

‘~

by Dr.

Satchell):

This matter comes before the

Board

as a ensolidation of

three cases all

involving the City

of

RocK Is~and and the Ill

Environmental Protection Agency

(Agency).

The

first case ar

a variance petition, PCB 75-411,

filed on

October 20, 1975 s.~

relief from Sections 12(a), 12 Cd)

and

21(e)

of

the Environir

Protection Act (Act) and several

rules

in the Chapter 7: So

waste Regulations (Chapter 7). The

second

case was

an enforce.

~ ceeding, PCB 75~433,filed by the Agency on November 7 9

‘

all~qingviolations of Sections 12(a), 12(d), 21(b) and 21Cc,

the !~ct,various rules from

Chapter 7 and Rule 203(f) of

the

Board~sChapter 3: Water Pollution Regulations (Chapter 3).

January 31,

1976,

a third case

was filed, PCB

76-31, a pe: ~

appeal filed

by

Rock Island

seeking review

of

the Agency’~

of an operating permit for the

facility concerned

in tL~ pi.L’

cases, A public hearing was

held

on October

24,

1917,

A

S 1

settlement was presented at that

time for Board

apc~rovai. N

was given.

The stipulation provides the

following

facts,

Tue facili

question is a refuse d~s~osa1

site

owned and

operated b;

RocK Is!

The facility, ~pproximatuiy 109

acres, is located

at ~ i~t rc

of 31st Avenue erd linuis Route

199. Refuse was

rir~tp. -ed a

this site between 1~46and 194b.

The site was

expandea in

~

69

ii

received an operating permit from

the Illinois

Departmen~

~f ub

i

Health

in

January of 1970,

29

—

49

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—2—

The

site presently serves the cities of R.

siand

and

Moline and the Village

uf

Milan for disposal o c ~dential

and

municipal waste and private refuse haulers. ‘he site, open

5

1/2 days per week, receives approximately 30

i~

cubic yards

of

solid waste per year. There

is

no cover

ma~r1al

readily

available at the site; approximately one week~irequirement of cover

material

is stored at the site;

anl

cover

material is

obtained

from

a site 2.1 miles away.

The Agency has denied Petitioner a permit

three

different

times.

The basis of denial each time was essentially that the plans

submitted were inadequate to protect ground waters from leachate

and

that inadequate provision was made to accuiv~Iatequantities of

cover

material on the site, Rock Island conte~u~’ithat the Agency

was

erroneous and incorrect.

The complaint filed by the Agency was concerned with inadequate

cover,

not depositing refuse at the toe of the fill, ponding

leachate and several violations of the general water quality

standards. Rock Island cites several defenses and/or mitigating

circumstances in answer to the allegations.

Rock Island’s variance

request

is based upon the lack of suit-

able alternative sites or the amount of increased travel to an

alternative site. Petitioner feels that one site in particular is

no

more environmentally acceptable than its own. The Agency does

agree that it would be prohibitively expensive to modify the

existing site but does not agree with Petitioner.~s assessment of

alternative sites.

The parties all agreed that all interests would be best served

by

settling these cases. The parties agreed that the proper method

for resolving the differences between the parties and protecting

the

environment on along term basis would be as follows. Rock

Island

should be granted a variance to allow it to accept refuse at

its

facility until October 15, 1978 subject to several conditions

which

include: Rock Island will apply appropriate cover; flo liquid

or

hazardous wastes or sewage sludge will be accepted at the site

other than Rock Island’s own sewage sludge; the City shall operate

monitoring wells; a new site will be found and available by

October 15, 1978; the current site will receive proper final cover;

and

Rock Island will execute and forward to the Agency a certificate

of

acceptance and agreement. It was further agreed that the Board

should order a permit for operation of the site. The permit shall

allow

acceptance of only general refuse from within the City of

Rock Island; the volume shall not exceed 250 cubic yards per week.

The City admits violations of Rule 203(f) of Chapter 3 and

Sections 12(a) and 12(d) of the Environmental Protection Act. The

parties agreed that because of the great expense incident to the

acquisition of land and development and operation of a new facility,

and further because Rock Island will not be accepting refuse

at

the

29

—50

---

existing si

ic later than October 15, 1978 thereiv abandoning

said site with

more than four years remaining capacity thereon

the

parties

recommend

it

monetary penalty be assessed.

The variance is required

from

the

permit

reguirements

of

Chapter 7 and Section 21(e)

of the

Act,

and the requirements ci

Rule 203(f) of Chapter

3

to

the extent those rules

li’:ait

the

concentration of

ammonia

nitrogen, boron, chloride, iron

and

total

dissolved solids

in the waters

of the

state.

The stipulation

notes that although violations are admitted nc water suppiy

of a

municipality

or individual is known to have been afi ected by the

activities attendant to the operation of the site. The parties

agree that upon a

proper showing under

the Act the

variance

may Lu

extended by the Board.

The Board finds the stipulated agreement acceptabl.~ ~rnder

Rule

331

of the Procedural Ru1es~ The parties have considered iLL

aspects of Section 33(c) of the Act. The

Board agrees that a

monetary

penalty would not

further

aid

the

enforcement of

the

Act.

The Board accepts the settlement and all the conditions

thereof.

This opinion constitutes LL. Board7s findings of fact

and

conclusions of law in this

matter..

ORDER

It is the Order of the Pollution Control Board that:

1. The

City of Rock Island is found to have violated

Sections 12(a), 12(d) and 21(e) of the Environmental Protection

Act as alleged in the complaint.

2. For

the

limited purpose

of allowing (the present) operu:J

of said site to

continue until October

15, 1978 the City

is

hereby granted variance from Sections 12(a), 12(d) and 21(e)

of

the Environmental Protection Act, and from Rule 203(f) of the

Water

Pollution Rules for ammonia nitrogen, boron, chlorides,,

iron,

and total dissolved solids and from Rule 202(b) of the

Solid Waste

Rules. Said variances to extend until Octchcr

15~, :LLLL

on the

condition that the City of Rock Island comply

with all

terms

and conditions found in Paragraph 20 and 21

of the

Stipulation and Proposal for Settlement.

3. The Agency is authorized to issue a permit for the

operation of the site as set forth in paragraph

21

of th~

Stipulation and Proposal for Settlement.

29

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51

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—4—

I, Christan L. Moffett, Clerk of the Illincis Pollution Control

Luard,

hereby certify the above Opinion was adcpted on the

jday

of

________________,

1978 by a

vote

of

_______

Illinois Pollution trol Board