ILLINOIS POLLUTION CONTROL BOARD

December

21, 1971

EVERETT

McCLELLAN

#PCB71-315

v.

ENVIRONMENTAL PROTECTION AGENCY

MR. EVERETT McCLELLAN,

PRO SE

MR.

PRESCOTT BLOOM, SPECIAL ASSISTANT ATTORNEY GENERAL AND

MR.

TIMOTHY ELDER, ON BEHALF OF ENVIRONMENTAL PROTECTION AGENCY

MR. RODNEY HALLBERG, ASST. STATE’S ATTORNEY,

ON BEHALF OF

COUNTY OF TAZEWELL

OPINION OF

THE

BOARD

(BY MR. LAWTON):

Petitioner, EVERETT McCLELLAN,

operator of

a refuse disposal

site in the unincorporated area of Tazewell County,

filed a peti-

tion for variance from Section

20

of the Environmental Protection

Act.

This section, however,

is

a statement of policy

and not an

appropriate provision

for variance.

We construe

the request for

variation as one seeking relief from the provisions

of the Rules

and Regulations Governing Refuse Disposal Sites

and Facilities,

Rule 5.07,

requiring a daily cover of six inches over exposed

refuse.

Petitioner asks that in lieu of compliance with the fore-

going regulation,

he be required to cover

only twice

a month.

Petitioner has entered into a contract with the authorities of

Tazewell County by which Petitioner would make available

a portion

of his ninety-acre site

for the disposal of bulk refuse items,

(excluding

garbage,)

principally

appliances and furniture.

The

site would be available for this purpose from 9:00

A.

M.

to E:0O P.M.

on Saturdays and from Noon to 6:00

P.

M. on Sundays.

It

is antici-

pated that approximately 150

car and truck hauls would be made

to

the

site each week—end.

The petitioner has equipment to compact the material so deposited,

but contends

that the requirement of dai1y~cover would impose

an

unduly burdensome cost and would dep1ete~thecàver material available.

The Environmental Protection

~ncyreçcmrnends

that

the variance

be denied

We

find the evidence in the\record insufficient

to sub-

stantiate

a showing of hardship

to jus~fy the allowance

of variance.

The petitioner

is lessee of

a ninety—acre tract.

It is difficult

to understand why, with

this large

a site,

sufficient cover would not

be. available to comply with

the sections of the Regulation, particular-

3—3m

---

ly,

since the petition states that only thirty cubic yards

of

refuse per week would be involved and this,

of course, would be

prior to compacting.

Likewise, although petitioner contends

that

the covering would cost him $28.50 per hour for seven hours

a

week against an income of $10.00 an hour

for fifteen hours

•a week,

the cost figures

are nowhere substantiated

in the record and even

if

true, do not constitute

a hardship of sufficient magnitude to

justify relief from the provisions

of the Rules.

Accordingly,

it

will be our Order that the variation be denied.

Cf.

Environ-

mental Protection Agency

v.

Bath,

Inc.

and John

L. Walker, #PCB71-

52; Bath,

Inc., John L. Walker and John H. Walker v.

Environmental

Protection Agency,

#PCB71-244, Consolidated.

The

entire

subject

of

solid

waste

disposal

and

operation

of

refuse disposal sites

is being reviewed by the Institute

for

Environmental Quality and the Environmental Protection Agency with

the view of promulgating new and detailed regulations

on this

important subject.

It may well be that after hearings and further

study,

we may adopt

a new regulation modifying the cover requirements

for non-garbage refuse,

particularly of

a sort and under conditions

where leaching will not be

a consequence.

However, we

are not,

at the present

time, prepared to permit variation of the cover re-

quirements, particularly under circumstances where the record is

inadequate to justify such departure.

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

variation

be

denied.

I,

Christan

Moffett,

Acting

Clerk

of

the

Illinois

Pollution

Control

Board, certify that the above Opinion was adopted on the

21st day

of December,

1971

by

a vote of 4-0.