ILLINOIS POLLUTION CONTROL BOARD
March 7, 1974
)
CITY OF SALEM
)
)
V.
)
PCB 73-519
)
)
ENVIRONMENTAL PROTECTION AGENCY
)
)
OPINION AND ORDER OF THE BOARD (by Mr. Dumeile):
The City of Salem (Salem) filed a variance petition on
December 10, 1973
seeking
a variance from a previous Pollution
Control hoard Order requiring Salem to apply final cover to a
municipal landfill by March 6,
1973
and from Rule 305(c) of the
Solid
Waste Rules and Regulations.
The
Agency filed a Recommendation
on February
4,
1974 recommending that the variance be granted
subject to four conditions. On February 6, 1974, Salem filed a
Response to the Agency’s Recommendation and moved to incorporate
the four Agency proposed requirements
into its
original variance
request.
The landfill which is the subject of this variance request
consist of approximately
18
acres located 2 miles northeast
of
the City of Salem, Illinois, As a result of an enforcement
action filed
by
the Agency against Salem, EPA v. Cit of Salem
and
Thomas Arnold, PCB 72-2, Salem was or ered to cease an
a1srrr~violations of the Act
and
Refuse Disposal Rules and
Regulations,
abandon and close the landfill site
until necessary
Agency permits
were
received,
apply final cover within six
months from
September 6, 1972, and pay a $250 penalty. Salem
has closed the site and has paid
the penalty. The Agency states
that Salem has
applied approximately 30
of the final cover.
The
Agency
recommended
and Salem agreed
to a deadline of
June
1, 1974 for
completing final cover application, grading
and seeding
of the
site.
Salem alleges that to force immediate
compliance
would
cost the City
an additional $2,200.
The Agency agrees with
Salem that no public objections have
been received and that the landfill does not
constitute an odor
or water pollution problem.
Salem has
agreed to apply
the
final
cover by June 1, 1974
and remove aesthetically objectionable
construction and metallic waste from the landfill site.
The
Board finds that a 3-1/2
month
compliance program
is
reasonable and therefore grants Salem the variance.
This Opinion constitutes the Board’s findings of facts
and
conclusions of
lawS
ORDER
The Illinois Pollution Control Board hereby grants the
City
of Salem a variance
from Order
#2 of EPA
v.
City of Salem
and Thomas Arnold, PCB 72-2, September 6, 1972; and a variance
from Rule 305(c) of Chapter 7: Solid Waste Rules and Regulations
until June 1, 1974 subject to the following conditions:
1. Within 45 days of the date of this Order, Petitioner
shall accumulate an additional 1,000 cubic yards of
cover material at the landfill site and either emplace
or stockpile said cover material depending on weather
conditions.
2. Petitioner shall transmit written performance reports
to the
Agency at 30
day intervals specifying the amount
of progress made during the preceding 30 day period.
3. Petitioner shall complete the application of final cover,
grading to minimize precipitation infiltration and seeding
of the site before June 1, 1974.
4. Within 30 days of the date of this Order, Petitioner
shall post a surety performance bond with the Agency
in the amount of $4,000 to guarantee performance and
all provisions of this Board Order.
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
~
day of March, 1974 by a vote of
~
C ristan L. Mo et
,
er
Illinois Pollution
rol Board