ILLINOIS POLLUTION CONTROL BOARD
October
6,
1988
IN THE MATTER OF:
)
CENSUS OF SOLID WASTE
)
R88-8
MANAGEMENT FACILITIES EXEMPT
)
FROM THE PERMIT REQUIREMENT
)
AS PROVIDED IN SECTION 21(d)
OF THE ACT,
35
ILL.
ADM.
CODE
)
808
ORDER OF THE BOARD
(by J.
Anderson):
On May
5,
1988,
the Board proposed
for
first notice
a one-
time
“census” regulation,
including
a questionnaire
for permit—
exempt on—site, non—hazardous waste,
storage
and treatment
operations
(handling special waste only)
and waste—disposal
operations
(handling all wastes except residential).
The Opinion accompanying the Order
raised
a number
of
questions and requested comment.
Ten public comments were
received containing
a number
of meritorious recommendations
for
perfecting the proposal and distributing the census
form.
The
comments did not lead to the conclusion that providing the
information would be technically infeasible or economically
unreasonable.
On August
4,
1988,
the Department
of Energy and
Natural Resources
(“DENR”) stated that an economic
impact study
is not necessary.
The Governor has recently signed
two identically worded
statutes containing provisions requiring certain “permit—exempt
on—site” facilities
to fill out specified information on forms to
be prepared by the Illinois Environmental Protection Agency
(“Agency”).
See P.A.
85—1325
(HB3683), effective 8/31/88 and
P.A.
85—1400
(SB1615), effective
9/12/88.
A question
is raised
as
to whether
this docket can be dismissed at this time because
the information required by the legislation will satisfy the
needs of the Board or whether both efforts are needed and can be
coordinated
in some manner.
Answering that question now
is
premature.
While there are overlaps between the Board’s proposal
and the legislation,
there are significant distinctions as well,
particularly regarding the lesser scope of facilities covered
in
the
statute.
This
is
one
area
where
the
Board
has
a
special
concern.
As
it
stated
in
its
earlier
opinion:
Even
though
unpermitted,
on—site
operations
are
required
to
be
in
compliance
with
the
Act
and
Board
regulations.
The
Board
has
already
proposed
comprehensive
and
detailed
regu-
lations
affecting
the
location,
design
and
93—107
—2—
operations of all
landfill disposal, including
waste
piles.
The Board
intends
to next
focus
on
detailed
regulations
for
the
storage
and
treatment
of
waste.
However,
without
basic
data
as
to their whereabouts
(including hydro—
geological)
and
what
they
do,
the
environ-
mental protection standards being developed
in
any
regulatory
program
risk
being
based
on
false
assumptions,
to
the
detriment
of
the
environment
and
the
regulated
community
alike.
The
Board
has
already
noted
the con-
cerns
about
the
lack
of
data
about
on—site
operations.
(See
the R88—7
Opinion,
and
the
R88—8
Order
opening this
instant
docket, both
adopted on February 25,
1988).
R88—8, Opinion and Order,
p.
3, May
5,
1988.
The Board also needs more information, particularly from the
Agency,
regarding how best
to enhance the census response.
The
Board has concluded that
these and other questions need
to be
addressed before
the Board can make further determinations on its
proposal.
The Board also wishes
to proceed as quickly as
possible with this rulemaking so
as
to initiate and receive the
information from the census,
if it concludes
the census
is
needed.
Therefore,
the Board directs
the Hearing Officer
to proceed
to hearing on this matter.
IT IS SO ORDERED
I,
Dorothy M.
Gunri,
Clerk
of
the
Illinois
Pollution
Control
Board, hereby certify that
the above Order was adopted on
the
~
day of ________________________,
1988,
by a vote
of
-7—c)
~2~~i
~7.
Dorothy
M.
~x1nn, Clerk
Illinois Pollution Control Board
93—108