ILLINOIS POLLUTION CONTROL BOARD

April

12,

1973

CITY OF HARRISBURG AND

MILO LAMBERT

v.

)

 PCB72—513

ENVIRONMENTAL PROTECTION AGENCY

OPINION AND ORDER OF THE BOARD

 (by Samuel

 Lawton,

 Jr.):

Petitioners, Milo Lambert

 (“Lambert”) and City of

Harrisburg (~theCity”)

 are seeking a variance from the

Board’s order of November 21, 1972

 (Environmental Protection

Agency

v.

 City of Harrisburg and Milo Lambert, #72-80,

5 PCB

)

 The petition was filed on December

29,

 1972,

and requests a delay from the January

1,

 1973 date when we

ordered that final cover shall be completed on the landfill

site.

Petitioner Lambert has been the operator of the site

which is owned by the City.

 The landfill consists of

approximately 23 acres and is located near Harrisburg in

Saline County.

 The Board previously found that materials

had been dumped at the

 site,’ including domestic garbage, trees,

paper, lumber, brush, tires and appliances.

 We found

Respondents in violation for open burning, inadequate daily

cover, and failure to provide shelter sanitary facilities.

In addition to ordering final cover of the site, Petitioners

were ordered to cease and desist from all violations

and penalties were assessed in the amount of

 $250 for

Lambert and $500 for the City.

Petitioners represent that final grading could not be

completed by the ordered date because of the continuous

rainfall in and about the area, which made it a physical im-

possibility to use earth moving equipment necessary to complete

that grading.

 A hearing was held on March

9,

 1973 wherein a

stipulation was entered by and between the respective

 parties.

In that stipulation,

 the Petitioners acknowledged that they

had read the recommendation of the Environmental Protection

Agency

 (“Agencytt)

 and stated that weather permitting,

 final

cover and grading would be accomplished within the time limit

recommended.

 Petitioners also agreed to the other conditions

—

541

—2—

attached in that recommendation.

 The recommendation was

that Petitioners be required to complete application of

final cover within 100 days of the Board order granting the

variance, and that progress reports be submitted to the

Board and Agency at 25 day intervals,

 commencing at the

date of the Board’s order granting the variance.

 A $10,000

performance bond is to be posted to guarantee performance

of all conditions.

The Agency investigation discloses that material is

available on the site for the application of proper final

cover.

 The site itself has apparently been closed since

April of 1972.

 The absence of final cover raises potential

problems of vectors, odors and fire hazards.

 These problems

may be aggravated during the summer months.

 In the interest

of the public, the Respondents should proceed as quickly as

possible to apply final cover.

 The stipulation appears the

best way to accomplish this goal.

This opinion constitutes the findings of fact and conclu-

sions of law of the Board.

IT IS THE ORDER of the Pollution Control Board that:

1.

 Petitioners be required to complete application of

final cover.

2.

 Petitioners are granted a variance from Paragraph

2

of the order in #72-80 until 100 days from the date of this

order.

3.

 Progress reports are to be submitted by Petitioner

to the Board and the Agency at

 25 day intervals commencing

at

the date of this order.

4.

 Petitioners are required to submit a bond in the

amount of $10,000 to guarantee performance of all conditions

in Paragraphs

 1 and

 3, said bond

 to be posted in the form

satisfactory to the Agency within

 14 days of this order.

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

Board, certify that the above Opinion and Order was adopted by

 the Board on the /~‘ day of

________________

 1973,

 by a vote

of

___

 toC~

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542