ILLINOIS POLLUTION CONTROL BOARD
December
9,
1971
CITY OF DANVILLE
#71-282
V.
ENVIRONMENTAL PROTECTION AGENCY)
MR. LARRY LESSEN, ATTORNEY FOR PETITIONER, CITY OF DANVILLE
MR.
FREDERICK HOPPER, ASSISTANT ATTORNEY GENERAL, ATTORNEY FOR
ENVIRONMENTAL PROTECTION AGENCY
OPINION OF THE BOARD
(BY MR. LAWTON):
The City of Danville
filed
a petition for variance received
by
the Board on September
16,
1971, requesting to be relieved of the
provisions of the Environmental Protection Act and the Rules
and
Regulations relating to landfill operations,
for a six—month period,
in order
to bring its existing landfill operation into compliance.
We entered
an Order on September
27,
1971,
authorizing
a hearing
and directed
that the petition be amended to specify what provisions
of the
law Danville thought imposed an unreasonable hardship,
a~.d
the reasons therefore.
We noted that the Board cannot grant
a blanket
exemption from all laws.
On November
12,
1971,
an amended petition was filed stating that
the City owns
a 56-acre tract in the unincorporated area of Vermilion
County,
of which
31
acres have been used by it for landfill operations.
The petition further alleges that upon notice from the Environmental
Protection Agency
that the landfill did not meet
legal requirements,
the
City ceased operation of the landfill site and shortly thereafter,
entered into
a contract with
H
& L Disposal Company, pursua~itto which
H
&
L Disposal Company would develop
a new landfill operation
on fifteen
acres of the 56—acre tract
not. previously used and would simultaneously
take the necessary
steps to close out a~dcover
the pre-existing land-
fill site so as to bring
it into compliance with
the relevant provi-
sions of the
law.
The petition states that the above—described combined operation
will
take six months
to bring the
old site into compliance.
Immediate
close—out and covering of the old 31-acre
site would cost $89,000.00,
whereas the
program
contemplated
by
the
H
& L Disposal Company contract
would be accomplished without any additional cost to the City.
The
3
petition again requests
a six-month variation to close out
and cover
the
31
acres
site
and
bring
it into compliance with the ~ct ard Requ--
lations.
The recommendation of the Environmental Protection Agency con—
firms that the old refuse site was closed on April
23,
1971 and that
most of
the
refuse on the site has been spread and compacted but has
not
been
adequately
covered.
The
recommendation
further
notes
that
drainage
on
the
site
has
been
inadequate
and
leachate
flows
from
the
site
toward
the
Vermilion
River.
The Agency recommends
that
the
variance
be
granted
providing
that
covering
be
initiated
immediately
and
pursued
diligently
until
final
completion.
Hearing
was
held
on
the
petition
and
recommendation
on
November
15,
1971.
The
testimony
and
evidence
supported
the
essential
allegatIons
of
the
petition.
H
&
L
Disposal
Company
would
use
the
new
15—acre
site
for
landfill
ooerations.
Dirt
removed
upon
the
digging
of
trenches
in
this
location
would
be
used
for
cover
at
the
old
site.
~o
feet
of
dirt
would
be
emplaced
to
provide cover
(R.12,l3.).
The record
supports
the
Agency~s
allegation
that
leachate
has
emanated
from
the
southeast
corner
of
th~ old
landfill
area
which
ultimately enters
the
Vermilion
River
(R.24).
(Environmental
Protection
Agency
Ex-
hibitbNo.
1—4).
While
some
effort
has
been
made
to
control
this
condition,
the
leaching
continues
to
the
present
time.
At
the
close
of
the
hearing,
counsel
for
the
Agency
proposed
that
its
reco:imendation
of allowance
be
modified
to
require
that
adequate
covering
be
placed
on
those
portions
of
the
southeast
corner
of
the
old
tract
so
as
to
preclude
further
leaching
within
thirty
days
from
the
granting
of
the
variance.
We
find
this
a
reasonable
proposal
and
will
incorporate
it
in
our
variance
order
hereinafter
set
forth.
The
program
proposed
by
the
city
is
a reasonable one and will
eliminate
an unsatisfactory condition.
The time schedule requested
for compliance
is not overly long.
Insistence on immediate compliance
would impose
a hardship on the City disproportionate with
the burdens
on the community
in having the uncovered condition
of the old site con-
tinue for
a six-month period.
This Opinion constitutes the findings of fact
and conclusions of
law of the Board.
IT IS THE ORDER of the Pollution Control Board that the City of
Danville be granted a variance from
the
Rules
and
Regulations
for
Re-
fuse Disposal Sites and Facilities with regard to
its old landfill
site located in Vermilion County until June
9,
1972,
subject to the
following terms
and conditions:
3
—
24~
1.
The old landfill site will not be used for any
new
garbage or refuse disposal;
2.
Two
feet of cover shall be emplaced over
all uncovered
portions of the tract so
as
to bring the
site into
compliance with the Rules
and Regulations for Refuse
Disposal Sites
and Facilities by June
9,
1972;
3.
On or before January
9,
1972,
the
City of Danville
shall cause
all necessary steps
to be taken to pre-
vent any further leaching from the southeast corner
of
the old landfill site.
Inspection shall be made
by
the Environmental Protection Agency no later than
January
20,
1972 to determine that
this provision
has
been
complied
with
and
that
all
leachate
emissions
have
terminated;
4.
The
operation
of
the
new
landfill
site
to
be
operated
by
H
&
L
Disposal
Company
shall
comply
with
all
rele-
vant
provisions
of
the
Environmental
Protection
Act
and
the
Rules
and
Regulations
for
Refuse
Disposal
Sites and Facilities.
I, Christan L. Moffett, Acting Clerk of the Pollution Control
Board,
certify that
the above Opinion was adopted on
the
~
day
of December,
1971.
/~JLL
~
3-” 247