ILLINOIS POLLUTION CONTROL BOARD

January 23, 1973

JERRY

R.

FRYE, Petitioner,

vs.

)

PCB 72—461

ENVIRONMENTAL PROTECTION AGENCY,

Respondent.

Frederick Patton and Richard N. McCarthy Attorneys

for Petitioner

Larry

R.

Eaton, Assistant Attorney General for the EPA

OPINION AND ORDER OF THE BOARD

(by Mr. Henss)

On October

17, 1972 we ordered Jerry Frye to close his landfill

if he had not obtained a permit for its operation in 45 days,

(P03 72-

243).

On December

1,

1972 the date by which Petitioner was to have

thc required permit,

he requested a

90 day extension of

time for the

raascn that the engineering firm he had employed to perform the re—

auired soil testing had been unable

to complete the testing during

the allotted time.

The Environmental Protection Agency contacted the engineer to

learn the reason for the delay.

The engineer stated that urainy

weather had made it impossible to obtain the soil borings for well

over one month”.

Nevertheless the EPA has recommended that the

extension be denied and that the Petitioner be required to take any

refuse

to a site located approximately

20 miles north of the Peti-

tioner’s site.

This other site is owned by another disposal service

and has been issued a permit by the EPA.

Upon further reflection we believe that our original time

limitation of

45 days was too short.

We could have anticipated

that adverse weather conditions

at this time of year might make it

difficult to obtain the necessary soil borings within the time

allotted.

We will allow an additional

90 days to comply with the

permit requirement.

Petitioner Frye has engaged the services

of an engineering firm

and has attempted to comply with the Board Order.

We do not feel

that he should be forced to cease operations at this

time because

of soil conditions brought on by rainy weather-—a condition over

which he had no control.

The fact that another disposal area is

located

20 miles away would not necessarily mean that Jerry Frye

would have access or be allowed to deposit refuse at that site or

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that

he

would

have

the

capability

of

maintaining

the

service

to

his

11,000

households

if

we

deny

this

extension

of

time.

ORDER

It

is

ordered

that:

1.

Petitioner

be

granted

an additional time period to

March

1,

1973

to

obtain

an

EPA

permit

for

the

operation of his landfill.

If a permit is not ob-

tained by

this date,

Petitioner will close his land-

fill and shall not resume operations until

a permit

is obtained from the EPA.

2.

Parts

2 and

3 of our Order shall remain in full

force and effect.

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

B ard,

certify that the above Opinion and Order was adopted on the

~

day ~

,

1973, by

a vote of

,u~

to

C

6

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