ILLINOIS POLLUTION CONTROL BOARD

December 27, 1984

IN THE MATTER OF:

FINANCIAL ASSURANCE FOR CLOSURE

)

R84-22A

AND POST-CLOSURE CARE OF WASTE

DISPOSAL SITES (EMERGENCY RULES)

)

IN THE MATTER OF:

)

FINANCIAL ASSURANCE FOR CLOSURE

)

R84—22B

AND POST-CLOSURE CARE OF WASTE

)

DISPOSAL SITES (TEMPORARY RULES)

)

FINAL ORDER. ADOPTED EMERGENCY RULE (R84-22A)

PROPOSED RULE. SECOND NOTICE (R84-22B)

DISSENTING OPINION (by B. Forcade):

I respectfully dissent from the majority position because it

fails to adequately protect the state, The primary objective of

Section 21.1 of the Act is to ensure that the State of Illinois

will not

bear future financial responsibility for closure and

post-closure

care of private waste disposal operations.

The existing regulations provide that financial

assurance

by bond or 1ette~of credit will last at least five years. At

the end of that time the. financial institution may withdraw,

if the state has not ordered site closure, even if no alternative

financial assurance is provided. This is a departure from the

Board~s policy for hazardous waste. There, a financial institu-

tion is not released from liability until alternative financial

assurance is provided (See 35 Ill, Mm. Code 724.243(b)(4)(C)

I would have included “failure to provide alterna~.ive financial

assurance” as a condition for liability

under

Section 807.662(e)(2),

807.663(e)(2) and 8O7.664(e)(2)~ I would also have shortened the

pay-in period of the Trust Fund in Section 807.66l(d)(2). Presently,

it

allows full

trust funding not less

than three years nor

greater

than ten years.

In

the

absence of these modifications, I believe the

state

and its taxpayers still bear substantial financial ~jsk from

future activities

of private waste

disposal operati~ns.

Board

Member

62-233

---

2

I, Dorothy M. Gunn, Clerk of the Illinois Pollution Contro1

Board, hereby certify that the above Dissenting Opinion was

submitted

on the

/~~-

day of

~

1985.

~2’1

~ ~

777,

/~i

Dorothy

~ &inn, Clerk

Illinois pollution Control Board