ILLINOIS POLLUTION CONTROL BOARD
    December 20,
    1977
    INTERPACE CORPORATION,
    a Delaware
    )
    Corporation,
    Petitioner,
    v.
    )
    PCB 77—264
    ENVIRONMENTAL PROTECTION AGENCY,
    )
    Respondent.
    OPINION
    AND
    ORDER OF THE BOARD
    (by Mr. Dumelle):
    This matter comes before
    the Board upon the October
    6,
    1977
    petition for variance filed by Interpace Corporation (Interpace)
    requesting relief from Rule 305(a)
    of Chapter
    7: Solid Waste
    Regulations for a period of five years.
    The Environmental
    Protection Agency (Agency)
    filed an objection
    on October 17,
    1977.
    Interpace then amended
    its
    petition on October
    19,
    1977
    to reduce the requested variance period to two years.
    On No-
    vember 14,
    1977 the Agency filed its Recommendation in favor
    of granting the variance with conditions and Interpace filed
    a letter accepting those conditions on November
    18,
    1977.
    On
    November 23, 1977 the Board granted a motion presented orally
    by the Agency to withdraw its objection and request for hearing.
    As
    a result, no hearing was held in this matter.
    Interpace manufactures reinforced concrete at its plant
    located
    in Winnebago County, Illinois.
    As a result of spillage,
    breakage or waste, two to four tons of concrete waste, cull pipe
    and steel rod are
    placed
    each
    day in
    a landfill located
    on
    Interpace’s property.
    Interpace has previously received a
    variance from Rule
    305(a)
    ,
    effective until December
    3,
    1976
    (Interpace Corporation v. EPA, PCB 75-495,
    22PCB37, June
    3,
    1976).
    The grant of a variance would permit continued operation of the
    landfill.
    Interpace alleges and the Agency agrees that application
    of daily cover, costing $1,000 per week,
    would result in an
    arbitrary and unreasonable hardship because the waste material
    is relatively inert and does not harbor rodents or cause any
    noxious odor.
    In addition, disposal at this site is the only
    feasible alternative due to the volume of waste material.
    The
    environmental harm resulting from the grant of a variance would
    be the possibility of leachate generation from the steel rod
    and the possibility that the site could become an eyesore.
    The Agency believes these problems can be adequately handled
    by placement of intermediate and final covers.
    Therefore,
    28
    —
    487
    —2—
    the Board finds that
    the
    benefits derived
    froL.
    ~he grant of
    a variance outweigh
    a~j
    harm to the environme1~L.
    Interpace
    is granted a variance from Rule
    f
    05
    (a)
    of
    Chapter
    7 until October 19,
    1979
    subject to ti: following
    conditions.
    First, the exposed surface of the landfill shall
    not exceed one acre and disposal shall be limited to the
    height of the adjacent terrain.
    Next,
    Interpace
    shall place
    intermediate cover over the site every six months and final
    cover at the end of the variance perioel.
    This Opinion and Order constitute the findings of fact
    and conclusions of law of the Board.
    ORDER
    Interpace is hereby granted
    a variance from Rule 305(a)
    of Chapter 7 until October 19, 1979 subject to the following
    conditions:
    1.
    The exposed surface of Interpace’s site shall
    be limited to no more than one acre.
    2.
    Disposal shall
    be limited to the relative height
    of adjacent improved terrain.
    3.
    Interpace shall cover the exposed surface of the
    landfill with intermediate cover every six months
    and final cover
    at the end of the variance period.
    4.
    Interpace
    shall, within
    45 days of the date
    of the Board’s Order herein, submit to the Agency a
    Certificate of Acceptance to be bound to all the
    terms and conditions of the variance.
    This
    45 day
    period shall be held in abeyance during any period
    this matter
    is being appealed.
    The form of the
    Certificate shall read as follows:
    I,
    (We), ______________________________________________
    having read the Order of the Illinois Pollution Control
    Board
    in case No. PCB77-264, understand and accept said
    Order, realizing that such acceptance renders all terms
    and conditions thereto binding and enforceable.
    SIGNED
    TITLE
    DATE
    IT
    IS SO ORDERED.
    28—488
    —3—
    I, Christan
    L. Moffett,
    Clerk of the Illin~..
    Pollution
    Control Board, hereby certify the a1~oveOpinion sod Order were
    adopted on the
    ~
    day of
    ,
    1977 by
    a vote of
    ________.
    Christan L.
    Mo~f~yt,
    Clerk
    Illinois Pollution Control Board
    28
    —
    489

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