ILLINOIS POLLUTION CONTROL BOARD
    April
    10, 1975
    CITY OF FULTON,
    Petitioner,
    v.
    )
    PCB 74—490
    ENVIRONMENTAL PROTECTION AGENCY,
    )
    Respondent.
    OPINION AND ORDER OF THE BOARD
    (by Mr. Dumelle):
    This petition for variance was filed by the City of
    Fulton on December 30,
    1974.
    Fulton seeks to continue
    operating a sanitary landfill without a permit from the
    Environmental Protection Agency.
    Although the petition
    cites Section 21(c)
    of the Environmental Protection Act as
    the Section from which variance is
    sought, we interpret it
    more properly as a request from relief Section 21(e)
    of the
    Act and Rule 202(b) (1)
    of the Solid Waste Regulations.
    Fulton claims that its landfill is in compliance with
    all other appropriate regulations and that Agency inspection
    reports have shown the operation to be satisfactory.
    In
    response to our January
    3,
    1975 Order for Additional Information,
    Fulton indicated,
    in a letter filed January 20,
    1975,
    an
    intent to operate the site for only an additional six to
    nine months,
    after which time it would be landscaped into a
    park or playground.
    Fulton also claims that it applied for
    a permit on a new site in June,
    1973 at
    a total cost, including
    information gathering and land acquisition,
    in excess of
    $2, 500.00.
    If a variance is not granted, Fulton claims that its
    refuse would have to be hauled to the nearest approved
    landfill
    -
    a distance of
    16 miles one way.
    This would
    entail an additional annual expense of $13,000 to $14,000,
    compared to a 1974 expense of $23,422.00.
    As the Agency has failed to file a Recommendaticn in
    this matter,
    we must necessarily accept the facts as alleged
    in the petition.
    Since there is no indication that the
    landfill is environmentally unsound, and since compliance
    with the permit requirements would impose an unreasonable
    hardship, we grant the requested variance for a period
    running from the date of the petition, December
    30,
    1974,
    to
    nine months subsequent to the filing of the response to our
    Order for Additional Information
    -
    October 20,
    1975.
    16
    —385
    This Opinion constitutes the Board’s findings of fact and
    conclusions of law.
    ORDER
    The City of Fulton is granted a variance from Section 21(c)
    of the Environmental Protection Act and Rule 202(b) (1)
    of the
    Solid Waste Regulations from December 30,
    1974,
    until October 20,
    1975.
    IT IS SO ORDERED.
    I, Christan L. Moffett, Clerk of the Illinois Pollution
    Control Board, hereby certify the above Opinion and Order were
    adopted on the
    /~~‘1 day of April, 1975 by a vote of
    Christan L. Noffe
    Cler
    Illinois Pollution
    ntrol Board
    16—386

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