ILLINOIS POLLUTION CONTROL BOARD
January 6, 1972
CITY OF ROCKFORD
V.
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71—311
ENVIRONMENTAL PROTECTION AGENCY
Mr. A. Curtis Washburn for City of Rockford
Mr. Alvin Liebling, Assistant Attorney General for Environmental
Opinion of the Board (by Mr. Currie):
Protection Agency
Rockford has virtually run out of landfill space for its
continuing flow of refuse. Its present fill operation has
resulted in two mounds known as Mt. Trashmore #1 and Mt.
Trashmore #2, both of which started as pit operations but which
have grown to about 40 and 15 feet above ground level,
respectively. The sites were admittedly ill—chosen to begin
with, many years ago, in that the underlying strata are pervious
sand and gravel. Contaminated matter from refuse decomposition
has been found in nearby wells. In recent months the lack of
space has become acute. As refuse is piled higher above ground
level, compacting and covering it becomes progressively more
difficult, so that problems of rodent attraction of blowing
litter, and of gas dispersion are increased. Mt. Trashmore
#1 has reached such a height that its other dimensions are too
small to permit further operations, and its use has been dis-
continued. It is anticipated that the second mound will reach
a similar stage within a matter of weeks.
For some time the City has been seeking a solution to this
serious pollution problem, in terms of a new landfill site or a
contract for rail haul to a site more remote. One promising site
was dropped by the City Council because of local citizen opposition.
Another was selected, only to have the legality of the City’s
zoning outside its borders attacked in the courts. While a
decision by the Appellate Court in review of the trial court’s
order upholding the City is expected at any. time, a further appeal
is entirely possible, and months or more could intervene before
that site might be available. Initial rail—haul bids were
rejected as inadequate or inflated, and no further bids have
been requested. The City’s present intention is to seek approval
of still anOther site, for which it was preparing permit
applications at the time of the hearing (November 19). It is
unable to say when approval (including rezoning by the County,
which is said to be favorable to the project) is likely to be
obtained.
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In the meantime the City has filed a variance petition
seeking permission to deposit refuse in a pit adjacent to its
present operations until it settles the long—term landfill
question. It estimates that the pit has capacity for about
120 days’ refuse. The Agency denied a permit for this pit
because it, like the present site, is situated on pervious
strata that will permit the leaching of contaminated material.
But the Agency recommends that the variance be granted, since
something must be done with the refuse and since the pollution
would be just as great if the refuse continued to be dumped on
top of the present piles. We agree and therefore grant the variance
on conditions recommended by the Agency.
Refuse is going to continue being generated in P.ockford
whether or not a proper disposal site is available. It is
clearly preferable that it be deposited below ground in the
new pit than on top of the existing mounds, where it cannot even
be properly covered or compacted. There is no indication in
the record that the City has any short-term alternative to
these two courses. We approve the lesser of two evils.
The City agrees to the Agency’s conditions regarding
covering the bottom of’the pit to keep refuse from being dumped
into standing water, where its potential for pollution is at
its greatest, and for prior Agency approval of the nature of
the cover to be used (there having been doubts as to the adequacy
of cover material in the past) and of the final proposed contours
of the operation. The most critical condition suggested, however,
is that requiring the City to make its decision on a permanent
solution within 30 days and to institute that solution--whether
by rail haul or by use of an alternative site of its own--within
100 days after our order. The City says that it cannot guarantee
when it will complete its arrangements because of legal and other
uncertainties. Of course it cannot. But we think it imperative
to set a date beyond which the City will be subject to enforce-
ment proceedings if it does not reach a solution to the present
intolerable situation. If the City can show it has done all it
can, it may be entitled to additional relief at a later date.
Today, however, we shall limit the variance to 120 days. The
situation must be allowed to continue.
One additional condition is imperative. It is admitted that
there is now and will continue to be water pollution from leaching at
the landfill site, which must not be permitted to go on. We shall re-
quire the City to submit within 60 days a report as to methods of
preventing leaching to the waters after dumping at the site is completed.
It is unfortunate that the City allowed matters to come
to the present pass without finding on appropriate solution.
As this case shows, it can take a long time to arrange for a
landfill, and perhaps the City should have started its search
sooner. We are tempted to hold that no city that acts with
proper foresight runs out of landfill space, since the time when
a new site will be needed can be rather accurately predicted.
But the Agency has not asked that we impose penolties as a
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condition of the present variance, and we do not do so, since
the City has not had an opportunity to show any justification
it may have for the delay. We stress that the City must do
everything it can to solve its problem as quickly as it can
and that we expect that in the future cities will not allow
themselves to run out of landfill space.
ORDER
The City of Rockford is hereby granted a variance for
120 days after receipt of this order from those portions of
the Rules and Regulations for Refuse Disposal Sites and
Facilities that would prevent issuance of a permit to deposit
refuse in the Sahlstrom pit, as described in the record, on
the following conditions.
1. Before refuse is deposited, the bottom of the pit shall
be graded, and fill material acceptable to the Agency
shall be placed in order to preclude the dumping of
solid waste into water; and
2. The cover material for this operation shall be approved
by the Agency before refuse is deposited; and
3. Final contours and elevations shall be submitted to the
Agency for approval before refuse is deposited; and
4. In all respects except as noted in this order, the City
shall conform to the Rules and Regulations in the
operation of the landfill; and
5. The City shall diligently seek an acceptable long-
term solution to its solid-waste problem and shall
file monthly progress reports with respect to
its
efforts
to achieve such a solution; and
6. The City shall within 60 days after receipt of this
order
submit to the Agency and to the Board a report regarding
methods of preventing leaching to the waters after dumping
is terminated, at which time the Board will take such further
action as may be appropriate.
I, Christan Moffett, Clerk of the Pollution Control Board, certify
that the Board adopted the pbove Opinion this ~
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day of
January, 1972 by vote of
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