ILLIP~IOISPOLLUTION CONTROL BOARD

May 19,

1983

DEPARTMENT OF THE ARMY,

(Army Corps.

of Engineers)

Petitioner,

v.

)

PCB 83—25

ILLINOIS ENVIRONMENTAL PROTECTION AGENCY,

)

Respondent.

ORDER OF THE BOARD

(by

.1.

Anderson):

On May 6,

1983 the Department of the Army filed an amended

petition for variance from various water quality standards to

allow for bankline or open water disposal

of sediment dredge

from the Illinois Waterway,

as opposed to otherwise required

confined, upland disposal

of such materials.

The amended

petition specified 25 sites at which such dredging activity may

occur.

They are located between river miles 80.2 and 230.2,

in

the counties

of Brown,

Cass,

Schuyler, Mason,

Fulton,

Peoria,

Tazewell, Woodford, Marshall, and LaSalle.

Although hearing has been waived in this matter,

the Board

in its discretion concludes that “a hearing would be advisable”

and orders that hearing be held pursuant to Section 37(a)

of the

?~.ct.

The Board directs the Hearing Officer assigned to this

action

to designate one of the 10 affected counties as that

in

which hearing shall be held pursuant to 35

Ill.

Adm.

Code

103.125(b), and to schedule and hold hearing as expeditiously

as is practicable.

The Board requests the parties to address the questions of

a)

whether RCRA and Chapter

7 requirements and restrictions have

any applicability to the proposed disposal

of dredged material

and b) whether the dredging process,

as distinguished from the

disposal of the dredged material,

is also a matter that falls

within the scope of these proceedings.

IT IS SO ORDERED.

I,

Christan L. Moffett,

Clerk of the Illinois Pollution

Control Bo~rd,hereby certify that the above Order was adopted

on the

t’~~

day of

1983 by a vote of

4/-O

Illinois Pollution

52-233