ILLINOIS POLLUTION CONTROL BOARD
    August 9, 1973
    )
    DANVILLE METAL STAMPING COMPANY
    )
    )
    )
    v.
    )
    PCB 73-250
    )
    )
    ENV I RONMENTAL PROTECTION AGENCY
    )
    )
    OPINION AND ORDER OF THE BOARD (by Mr. Dumelle)
    Petition for extension of the variance granted in PCB 72-228
    to deposit refuse in standing water was filed June 18, 1973. The
    Agency recommendation filed July 23, 1973 recommends a grant of
    the variance subject to certain conditions.
    The Board on July 19, 1973 adopted R72-5, Solid Waste
    Regulations
    Chapter 7. On July 31, 1973 the opinion in R72-5 was adopted. Rule
    102 of these regulations repealed the old rules of March 22, 1966
    including Rule 5.12 (c) which contained the flat prohibition against
    depositing refuse in standing water.
    The new regulations contain no such prohibition. The new Rule
    315 gives the Agency power to protect the waters of the State
    against landfill-caused pollut:ion. Thus the issue is now moot and
    the variance is dismissed without prejudice. The petitioner is ad-
    vised to seek an Agency permit under the new Solid Waste Regulations.
    IT IS SO ORDERED.
    I, Chr:istan L. Moffett, Clerk of~~t~~e
    Illinois
    Pollution Control
    Board, hereby certify the above Opinion and Order were adopted on
    the
    ~4A
    day of August, 1973 by a vote of
    _________________
    ___________
    Christan
    L. Moffctt~ Cl~rk
    Illinois Pollution Control
    Board
    9 —35

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