ILLINOIS POLLUTION CONTROL BOARD

September 17, 1992

IN THE MATTER OF:

)

)

PETIT ON~OF~THE~U.S~ABNY~ ENGINEER

)

R92-~17

DISTRICT, ROCK ISLAND, FOR A DREDGED

)

(Rulemaking)

MATERIAL PLACEMENT REGULATION

)

APPLICABLE TO THE ILLINOIS WATERWAY

)

BETWEEN LA GRANGE

LOCK

AND

DAN

(MILE

)

80.2)

AND

LOCKPORT LOCK (MILE 291)

)

ORDER OF THE BOARD (by R. C. Fleinal):

On September 3, 1992 the U.S. Army Engineer District, Rock

Island, filed a petition requesting a site-specific rule related

to the disposal of dredged material along the bankline of the

Illinois Waterway located between the La Grange Lock and Dam

located at river mile 80.2 and the Lockport Lock located at river

mile 291.0.

The petition is hereby accepted for hearing and the hearing

officer is directed to proceed accordingly.

Accompanying the petition is a motion requesting waiver of

the requirement to submit 200 signatures in support of the

proposal. That motion is hereby granted.

Petitioner characterizes its filing as a “site—specific”

proposal, in parallel with similar characterizations made by the

Board in prior variance proceedings dealing with this same

matter. However, upon reflection and observation that the

proposed amendment would affect sites located in a number of

Illinois counties, the Board finds that the proposal is not

properly characterized as a site—specific proposal1. The

principal practical effect of this determination is that two

hearings will need to be held, as specified at Section 28 of the

Illinois Environmental Protection Act (Ill. Rev. Stat. 1991, ch.

111½, par. 1028).

As a final matter, the Board notes that the proposal was

accompanied by a statement of whether an economic impact study is

advisable. PA 87-860, effective July 1, 1992, deletes the

portions of the Environmental Protection Act that pertain to

1

“Site—specific rule” is defined in the Board’s procedural

regulations at 35 Ill. Adm. Code 101.101 as “a proposed or adopted

regulation, not of general applicability, which applies only to a

specific facility or geographic site”. The matter at hand does not

apply either to a specific facility or a specific geographic site.

0136-0197

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—2—

economic impact studies for this type of rulemaking. Therefore,

any actions previously required regarding economic impact studies

are no longer required.

IT IS SO ORDERED.

I, Dorothy M. Gunn, Clerk of the illinois Pollution Control

Board, hereby certfy that the above order was adopted on the

/7~i

day of

,t2.j24 ,

1992, by a vote of

7—o

~hy

~

Illinois P(~ution Control Board

0136-0 198