ILLINOIS
    POLLUTION CONTROL BOARD
    October
    30,
    1975
    IN
    THE
    MATTER
    OF:
    R 75—14
    BEVERAGE
    CONTAINER REGULATIONS
    OPINION
    AND
    ORDER
    OF
    THE
    BOARD
    (By
    Mr.
    Dumelle):
    A
    citizen~
    s
    petition
    was
    filed
    with
    the
    Board by the
    ~Stucient
    Environmental
    Center,
    Southern
    Illinois
    University
    at
    Jarboridale’~
    proposing
    a
    regulation
    for
    the
    control
    and
    recycling
    of
    beverage
    containers.
    A
    statement
    of
    reasons
    supporting
    the
    proposal
    was
    attached
    in
    accordance
    with
    SectiOn
    203
    of
    the
    Procedural Rules,
    and the petition bore
    the
    requisite
    two—hundred
    signatures~
    A
    s:Lmilar
    petition
    was
    received by the Board in 1971.
    We
    dismissed
    that
    petition
    for
    want
    of
    jurisdiction,
    holding
    that
    Section
    6
    of
    the
    Environmental
    Protection
    Act
    prohibited
    such
    a
    regulation
    until
    after
    the
    Board
    had
    received
    the
    recommendations
    of
    the
    Solid
    Waste
    Management
    Task
    Force
    established
    therein.
    In
    the
    Matter
    of
    Non-Returnable
    Cans and
    totules,
    R
    71—7,
    1
    PCB~05 (1971)
    .
    Such
    recommendations
    ~ere
    thereafter
    transmitted
    to
    the
    Board,
    together
    with
    a
    sugccested
    form
    of
    a
    regulation
    requiring
    a
    mandatory
    deposit
    on
    the
    sale
    of
    beverages
    in
    beverage
    containers.
    Hearings
    were
    autho:rized
    on January
    11,
    1972
    (R 71—24,
    3 PCB
    471)
    Thirteen
    days
    of
    hearings
    have
    been
    held——
    the
    latest
    in
    Pecember,
    i974—~
    and
    a
    voluminous
    record
    has
    been
    gathered.
    Os
    July
    24,
    1975
    we
    remanded
    the
    proceeding
    to
    the
    Illinois
    Institute
    for
    Environmental
    Quality
    to
    prepare
    and
    publish
    within
    six
    months
    •a
    study
    which
    evaluates
    the
    environmental
    costs
    and
    benefits
    of
    the
    proposed
    regulation
    (18
    PCB
    198).
    As
    the
    issues
    of
    fact
    and
    law
    involved
    in
    the
    instant
    netitson
    and
    the
    current
    proceeding
    are
    likely
    to
    be
    identical,
    we
    hereby
    consolidate
    the
    two
    proceedinqs~
    Additional
    hearins
    will
    be
    scheduled
    after
    receipt
    of
    the
    Institute
    study~
    The
    record
    in
    R
    71—24
    is
    available
    for
    review
    to
    the
    present
    petitioner
    at
    the
    Board
    offices.
    IT
    IS
    SO
    ORDERED.
    Mr.
    Zeitlin
    abstains.
    I,
    Christan
    L.
    .Moffett, Clerk
    of
    the Illinois Pollution
    Control
    Board,
    hereby certify the above Opinio
    d
    Order
    wore
    shopted
    on
    the
    ~
    day
    of
    -i..
    ~
    ..
    (~L
    ~L
    an L. Moffe
    Isrk
    Illinois
    1~ollutio~ntrolBoard

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