ILLINOIS POLLUTION CONTROL BOARD
December 16, 1993
IN THE MATTER OF:
)
PETITION OF THE U.S. ARMY ENGINEER
)
R92-17
DISTRICT, ROCK ISLAND, FOR A DREDGED
)
(Rulemaking)
MATERIAL PLACEMENT REGULATION
)
APPLICABLE
TO THE ILLINOIS RIVER!
)
WATERWAY BETWEEN LA GRANGE LOCK AND
)
DAM
(MILE 80.2)
AND
LOCKPORT LOCK
)
(MILE 291): 35 ILL. ADM. CODE 303.400
)
SUPPLEMENTAL OPINION OF THE BOARD (by R.C. Flemal):
On December 2, 1993 the Board issued a second notice opinion
and order in this matter. That opinion addressed all public
comments filed through November 22, 1993, the last day of the
public comment period. However, the opinion did not address an
eighth public comment received on November 30, 1993, but mailed
on November 22, 1993, from the City of Chicago Department of
Water. Today’s supplemental opinion is intended to address that
omission.
The City of Chicago Department of Water suggests that the
Board add the following provision to the proposed rule:
The United States Department of Army-Corps of
engineers shall give written assurance to the Illinois
Pollution Control Board that disposing of the sediment
generated during maintenance dredging operations on the
Illinois Waterway/River will not create an increase in
toxicity because of uncovered chemical compounds or in
taste and odor problems for the inhabitants of the
immediate area. (PC #8 at 1.)
The Board is unclear as to the intent or consequences of the
suggested addition of language relating to “uncovered chemical
compounds”. The record does not address this subject nor
indicate what association uncovered chemical compounds have with
the bankline disposal process at issue.
Prohibitions against causing toxic conditions and unnatural
odors are already present in several provisions of the Board’s
pollution control regulations. The proposed site—specific rule
would apply only to the limited situations outlined in the
proposed rule, and would not operate as a shield against
enforcement for violations pertaining to toxic conditions, odors,
and other circumstances already prohibited by statute or by the
Board’s rules. It is accordingly not apparent that addition of
—2—
the suggested language would provide for anything not already
required by existing law.
Based on these considerations, the Board must decline to
accept addition of the suggested language.
IT
IS SO ORDERED.
I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control
Board, hereby certify that the above supplemental opinion was
adopted on the
/~/-
day of ~
,
1993 by a vote
of 7--c
Ii
Control Board