ILLINOIS POLLUTION

CONTROL

BOARD

January 23, 1973

WHETZEL

CONSTRUCTION

COMPANY

)

#72—427

V.

ENVIRONMENTAL

PROTECTION AGENCY

OPINION

AND ORDER

OF

THE BOARD

(BY

SAMUEL T. LAWTON, JR.):

On February 3,

1972,

in

Case

#71-302, a variance was granted

to petitioner expiring February 3, 1973, which allowed petitioner

to dump non—putrescible refuse into a borrow pit in Champaign County.

Rule 5.12(c) of the Rules and Requlations for Refuse Disposal Sites

and Facilities prohibits the disposition of refuse in standing water.

The materials which have been dumped into the pit include broken

concrete, asphalt, dirt, gravel, stone and brick. Putrescible and

combustible materials are removed before dumping into the pit and

hauled elsewhere.

The present petition seeks extension of the variance for another

year. In our original petition, we noted that the filling of the pit

would remove danger inherent in an open pool and that the operation

by petitioner would have the beneficial effects of furnishing a means

of disposal of the materials in question and ultimately, allow for the

use of the filled land without any adverse effect on the community

during the filling process. The Agency has recommended the variance

be extended subject to the same terms and conditions as the original

grant. We concur and extend the variance accordingly.

This opinion constitutes the findings of fact and conclusions of

law of the Board.

IT IS ThE ORDER of the Pollution Control Board that variance

heretofore granted in Case #71-302 on February

3, 1972,

be extended to

January 23, 1974, subject to all terms and conditions contained in our

original grant of variance. Dumping in the pit shall be only of non-

combustible

and non—putrescible materials.

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

certify that the above Opinion and Order was adopted on the

____

day of January, 1973, by a vote of ~ to 0

r~~4t~

6—601