ILLINOIS POLLUTION CONTROL BOARD

June

7,

1973

CENTRALIA

ENGINEERING

AND

MACHINE

CORPORATION

#73—119

v.

ENVIRONMENTAL

PROTECTION

AGENCY

)

OPINION

AND

ORDER

OF

THE

BOARD

(BY

SAMUEL

T.

LAWTON,

JR.):

Petitioner

owns

property

on

which

an

abandoned

mine

shaft

is

located.

On

September

1,

1971,

the Agency issued a permit to

petitioner

allowing

for

the

shaft

in

question

and

an

additional

one

not

the

subject

of

this

proceeding, to be used jointly as a solid

waste

disposal

site,

subject

to

the

standard

conditions

including

the

limitation that the authority granted by the permit allowed disposal

only of non-combustible and non-putrescible

refuse.

The site was used for disposal of concrete refuse material.

Petitioner appears

to have complied with

the

provisions of

the permit.

However,

at the present time, concrete refuse has been piled above

grade between ten feet and fifteen feet.

Petitioner seeks to be re-

lieved of the daily and final compacting and covering requirements

contained in Rule 5.07(a)

and

(b) of the Rules and Regulations For

Refuse

Disposal

Sites

and

Facilities.

Agency

Exhibit

1

depicts

the

present

condition

of

the

site.

Except

for

the

rather

unsightly

visual

attributes,

there

does

not

seem

to

be

any significant environmental danger likely to result from

leaving the concrete refuse uncovered.

While petitioner suggests the

possibility that the refuse may Esettle in the shaft and ultimately,

be jowered to a point where cover is feasible, th~evidence of settling,

both in the shaft in question and the other one previously used and

covered, does not indicate the likelihood that significant settling

will occur in the immediate future.

We believe that petitioner should take steps

to bring its

operation

into

compliance

with

the

relevant regulations, either by

breaking

up

the

concrete

to

enable

its

accommodation

by

the

shaft

or

removal

of

that

presently

above

grade,

or

a

combination

of

both.

We

will

grant

petitioner

a

one-year

variance

from

the

provi-

sions

of

the

Rules

and

Regulations for Refuse Disposal Sites and Facilities

in

order

to

develop

a program to achieve this result.

Prior

8

—

23~

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to Nove~nber7, 1973,

petitioner is directed to submit to the

Agency and the Board,

its program to achieve compliance with the

relevant Regulations.

This opinion constitutes the findings of fact and conclusions

of law of the Board.

IT IS THE ORDER of the Pollution Control Board that:

1.

Centralia Engineering and Machine Corporation be

granted

a variance until June 7,

1974 from Section

507(a)

and

(b) of the Rules and Regulations for Refuse

Disposal Sites

and Facilities, with respect to cover

and

compacting of its mine shaft property constituting

the subject matter of this proceeding.

Petitioner

shall take all necessary steps to assure that adequate

fencing

is erected to prevent the site from becoming

an attractive nuisance or source of danger.

2.

Petitioner will report to the Agency and the Board

no later than November

7,

1973,

its program to achieve

compliance with the foregoing Regulations.

I, Christan Moffett, Clerk of the Pollution Control Board, certify

that the above Opinion and Order was adopted on the

1h

day of

June,

1973, by a vote of

1

to ~

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