ILLINOIS POLLUTION CONTROL BOARD
    March 11,
    1976
    CITY OF KEWANEE,
    )
    Petitioner,
    v.
    )
    PCB 75—466
    )
    ENVIRONMENTAL PROTECTION AGENCY,
    )
    Respondent.
    OPINION AND ORDER OF THE BOARD
    (by Mr.
    Zeitlin):
    This matter
    is before the Board on a Petition for Variance
    filed December 11, 1975 by the City of Kewanee, and
    a
    Recommendation
    filed March
    4,
    1976 by the Environmental Protection Agency
    (Agency).
    No hearing was held in this matter.
    Kewanee presently operates an existing solid waste management
    site approximately one mile from its city limits,
    in
    Henry County,
    Illinois.
    At the same time, Kewanee
    is developing a new 53—acre
    site on adjacent property.
    The City has no operating permit for
    the existing site, but
    is developing the new site under an Agency
    Development Permit issued on July
    12,
    1974.
    The Petition
    in this case seeks permission to continue operation
    of the existing site,
    without
    a permit,
    for 180 days pending the
    completion of development at the new site.
    At the conclusion of
    the Variance period, operations are
    to be shifted to the new site.
    Although inartfully drawn,
    the Petition apparently seeks Variance
    from Rule 202(b) (1)
    of Chapter
    7:
    Solid Waste, of the Board’s Rules
    and Regulations.
    Kewane&s compliance plan in this Variance Petition consists
    of the following:
    1.
    The City is attempting to correct the many
    violations noted
    in Agency inspections at the existing
    site.
    2.
    The City is continuing to work on development
    of the new site
    in conformity with the specific require-
    ments contained in the July,
    1974 Development Permit for
    the site.
    3.
    At the conclusion of the Variance period,
    operations on the site will cease.
    20
    263
    —2—
    By way of hardship,
    Kewanee merely states that if it
    is not
    allowed to continue operation of the existing site without the
    required permit,
    its solid waste would have to be
    transported to
    the Henry County Landfill,
    near Atkinson,
    Illinois.
    Kewanee implies
    that this might interfere with development of its new site, without
    citing specifics.
    It is unclear from the Petition whether use of
    the Henry County landfill could constitute a hardship or a mere
    inconvenience.
    It would appear that at
    least: some of the alleged hardship
    (if any)
    is self-imposed.
    We note that
    if Kewanee were granted
    the entire
    180 days requested in its Petition,
    it would have had
    more than
    23 months after issuance of the Development Permit for
    its new site to accomplish the actual development.
    Approximately
    20 months have already passed since issuance of the Development
    Permit.
    Based on these facts, we see no reason sufficient
    to support
    a grant
    of the requested Variance.
    However, we feel that
    it would
    place an uncalled for hardship on the City to require that it
    immediately cease activities at the existing site.
    To protect
    the City from enforcement should
    it fail to immediately stop
    operations, we shall grant a Variance for
    30 days from the date
    of this Opinion and Order.
    In light of our often repeated findings
    concerning the necessity and importance
    of the operating permit
    system for the protection of the environment,
    and the paucity of
    facts before us, we will grant no more.
    This Opinion constitutes the findings of fact and conclusions
    of law of the Board
    in this matter.
    ORDER
    IT
    IS THE ORDER OF THE POLLUTION CONTROL BOARD that Petitioner
    City of Kewanee be granted
    a Variance from the operating permit
    requirement of Rule 202(b) (1)
    of Chapter
    7: Solid Waste,
    of the
    Pollution Control Board Rules and Regulations from December
    11, 1975
    to April
    11,
    1976,
    subject to the following conditions:
    1.
    Petitioner
    shall at all times operate its
    solid waste management
    site in compliance with all
    other applicable regulations
    in Chapter
    7: Solid Waste.
    2.
    Petitioner~spresent landfill
    site shall
    cease accepting refuse of any kind within
    30 days of
    the date of this Order and said site
    shall be properly
    closed and covered
    in conformity with the applicable
    rules of Chapter
    7: Solid Waste, within ninety
    (90)
    days
    of the date of this Order.
    20—264
    —3—
    3.
    Petitioner shall, within twenty-one
    (21)
    days of the date of this Order,
    execute and forward
    to:
    Illinois Environmental Protection Agency
    Manager, Land Enforcement Section
    Division of Land/Noise Pollution Control
    2200 Churchill Road
    Springfield,
    Illinois
    62706
    a Certificate of Acceptance
    in the following form:
    I,
    (We),
    ________________
    ________
    having read
    the Order of the Illinois Pollution Control Board
    in case No.
    PCB 75-466, understand and accept said
    Order, realizing that such acceptance renders all
    terms and conditions thereto binding and enforceable.
    SIGNED
    TITLE
    DATE
    Mr.
    James Young dissents.
    Mr. Jacob Dumelle concurs.
    I, Christan
    L. Moffett, Clerk of the Illinois Pollution
    Control Board, hereby certify the
    bove Opinion and Order were
    adopted on the
    //#)
    day of/~h4,1A.~, 1976,
    by a vote of
    i/....,
    OL~
    ~
    Christan
    L. Moffe~
    Clerk
    Illinois Pollutio
    ntrol Board

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