ILLINOIS POLLUTION CONTROL BOARD

August

7,

1975

CITY OF BELLEVILLE,

)

Petitioner,

v.

)

PCB 74—164

)

ENVIRONMENTAL PP~OTECTIONAGENCY,

Respondent.

ORDER OF THE BOARD

(by Mr.

Zeitlin):

Petitioner, City of Belleville

(Belleville)

filed a

Variance Petition before the Illinois Pollution Control

Board

(Board)

on April 26,

1974, requesting relief from Rule

202(b) (i)

of Chapter 7: Solid Waste, of the Board~sRules

and Regulations to allow Petitioner to operate

its refuse

disposal site after July 27,

1974 without a permit from the

Illinois Environmental Protection Agency

(Agency).

Petitioner le~isesand operates

a

37 acre refuse disposal

site located approximately five miles southwest of the City

of Belleville

in St. Clair County, Illinois,

in a remote

area which had been previously strip-mined and

is now being

reclaimed through the landfilling operation of Belleville.

A Stipulation was entered into by both parties

on

June

13,

1974,

in which Belleville waived the 90—day requirement

for the Board to take a final action on the Variance Petition,

and further stipulated that

it would file for a permit to

operate its landfill by July 17,

1974.

A permit

(EPA Permit No.

1974-75 OP)

to operate the

solid waste disposal site was issued by the Agency to Belleville

in a letter dated November

15,

1974.

The Board agrees with

the Agency Recommendation,

filed on June 23,

1975,

that the

issuance of the permit to operate said disposal site has

made Petitioner’s request for a variance moot.

Belleville,

in

a letter filed with the Board on June

27,

1975,

agrees

with the Agency Recommendation and requests that its Petition

be dismissed as moot.

18

—

297

---

It is the Order of the Pollution Control Board that

Petitioner’s Variance Petition from Rule 202(b) (1) of

Chapter

7

-

Solid Waste, be dismissed.

IT IS SO ORDERED.

I, Christan L. Moffett, Clerk of the Illinois Pollution

Control Board, hereby certify the above Order was adopted on

the

?~‘

day of

1975 by a vote of

~‘—O

Christan L. Moff~& Clerk

Illinois Pollution Control Board