ILLINOIS POLLUTION CONTROL BOARD
    June 28,
    1977
    CITY OF CHICAGO,
    )
    Petitioner,
    v.
    )
    PCB 77—108
    ENVIRONMENTAL PROTECTION AGENCY,
    )
    Respondent.
    OPINION AND ORDER OF THE BOARD
    (by Mr.
    Goodman):
    This matter comes before the Board on a Petition for Variance
    filed on March 28,
    1977.
    Petitioner seeks relief from the Require-
    ment of Order A
    2 entered in Environmental Protection Agency.v. City
    of ChicaQo, PCB 73—285,
    286, and 457, which required a phase-out of
    the Petitioner’s Southwest Incinerator.
    A new supplementary fuel
    processing plant is presently being constructed by Petitioner which
    will convert solid waste refuse into fuel for electric power.
    This
    new plant was scheduled for operation by March
    31, 1977, but is still
    not in use due to unforseen problems in start up operations.
    Since
    the Petitioner’s Southwest Incinerator is to be replaced by the new
    supplementary fuel processing plant, Petitioner seeks a variance to
    permit the operation of its incinerator until December
    31, 1977, at
    which time it plans to have the new plant in working order.
    Air quality monitoring data in the vicinity of the incinerator
    indicate that although the particulate emissions from this facility
    do not meet current standards,
    continued short term operation of this
    incinerator should not cause any significant environmental harm.
    Since the incinerator and the new fuel processing plant serve in an
    essential position in the disposal of the City’s solid waste,
    the
    Board finds that the City would suffer an arbitrary or unreasonable
    hardship if it was forced to close down its incinerator before the
    new plant is fully operational.
    This Opinion constitutes the Board’s findings of fact and con-
    clusions of law in this matter.
    26
    —
    73
    —2—
    ORDER
    Petition for Variance from Order A
    2 entered in PCB 73-285,
    286 and 457 to allow the operation of the Petitioner’s Southwest
    Incinerator until December
    31, 1977 is hereby granted.
    IT IS SO ORDERED.
    Mr.
    Durnelle dissents.
    I,
    Christan L. Moffett,
    Clerk of the Illinois Pollution Control
    Board, he~ebycertify the above Opinion and Order were adopted on
    the
    ~4
    day of
    ‘.
    ,
    1977 by a vote of
    ~3.-/
    Christan L. Moff
    Clerk
    Illinois Pollutio
    ontrol Board
    26
    —
    74

    Back to top