ILLINOIS POLLUTION CONTROL BOARD

July 16,

1987

IN THE MATTER OF:

LANDFILL OPERATOR CERTIFICATION

)

R84—3

(Training and Experience)

ORDER OF THE BOARD

(by

3. Anderson):

This Order dismisses what

is essentially an “empty” docket,

that is, one containing only the Order which opened

it.

The

docket was initiated on January 12,

1984

for the purpose of

development of

a proposal for regulations specifying education

and training requirements for landfill operators.

It was created with

the idea that,

shortly after Board

receipt of an anticipated Agency proposal for the updating

of

35

Ill.

Adrn.

Code Parts

807 and 809

formerly

Chapters

7

&

9

,

that

the Board would initiate

inquiry hearings and develop the

operator certification proposal.

In that Order, the Board noted

that the “submittal

of that proposal

logically should precede

action

in this docket, as development of operator training and

experience

requirements

is dependant on the landfill

classification plan

to be proposed

in that docket”.

The referenced

Agency proposal was submitted

in May,

1984,

and docketed as R84-l7.

The R84-17 docket now contains proposals

made by the Agency,

the Illinois State Chamber

of Commerce,

and

haste Management of

Illinois concerning which hearings have been

completed.

As the Board believed that none of

these proposals

were suitable

for adoption

in their entirety, the Board directed

its Scientific/Technical Section

(STS)

to develop

a comprehensive

proposal.

Two “installments” of this proposal have been filed by

the STS and accepted by the Board

for hearing.

The hearing

process

is currently underway.

The fullsome debate which has taken place

in the R84—17

docket supports the Board’s original conviction that action

in

the operator training and experience certification arena would

be

unproductive until

the Board

has finalized landfill design and

operating standards.

While

this process

is now well underway,

the rulemaking requirements

of the Illinois Administrative

Procedures Act as well

as those

of the Environmental Protection

Act are such that the Board cannot anticipate completion of this

rulemaking

in this calendar

year.

In the meantime, maintenance of this

“empty” docket creates

an administrative burden

for

the Board,

as well as those

interested

and participating

in the general area of waste

disposal regulation:

as long as a docket exists,

it

is the

79-208

---

—2—

subject of inquiry by the public which must be answered by the

Board.

At this juncture,

the Board believes that the time of its

staff,

as well

as that of

the public,

is better used

in

furthering

the progress of the R84—l7 docket and related dockets

which can move

forward

at this time.

The Board’s dismissal

of this docket should not be construed

as

a retreat by the Board from its announced intention of

developing

a landfill operator certification program which

focuses on possession of the “positive” qualities of training and

experience,

as well

as

a lack of “negative” qualities as

evidenced by criminal

convictions and findings of violation of

waste disposal laws and regulatioris.*

Upon finalization

in R84-

17 of the regulations which must serve as the underpinning for

the regulations contemplated here,

the

Board will

initiate

a new

docket which can expeditiously move

forward.

For the above reasons,

this docket

is dismissed.

IT

IS SO ORDERED.

I,

Dorothy

M. Gunn,

Clerk of

the

Illinois Pollution Control

Board,

her by certif

th~tthe above Order was adopted on

the

/~~~ay

of

______________,

1987,

by a vote

of

~

~

~

Dorothy M. ~unn, Clerk

Illinois Pollution Control Board

*

The Board

has proceeded with one facet of

a lack of

“negative”

qualities program, applied

to chief landfill operators.

See R81—

18, Prior

Conduct Certification For Waste Disposal Site

Personnel:

35

Ill. Adm. Code

745, Proposed Second Notice Opinion

and Order

of June

25,

1987.

(continued)

79-209