ORIGINAL
ILLINOIS POLLUTION CONTROL BOARD
RECEIVED
CLERK'S OFFICE
April 25, 2006
AM
25
20
IN THE MATTER OF :
)
STATE OF
NOIS
CLEAN CONSTRUCTION OR DEMOLITION )
PlIBOard
R06-19
DEBRIS FILL OPERATIONS UNDER P
.A.
)
Rulemaking - Land
94-272 (35 ILL . ADM. CODE PART 1100)
)
HEARING OFFICER ORDER
On April 6, 2006, the Board adopted the Illinois Environmental Protection Agency's
(Agency) proposal for first notice . The Board held two hearings and accepted five errata sheets
filed by the Agency prior to first notice adoption . In addition to the original proposal, the first-
notice rule language reflected amendments negotiated by the parties and proposed by the Agency
by way of the five errata sheets . The proposal adopted for first notice was published in the
Illinois Register on April 21, 2006 .
Illinois Register, Vol
. 30, Issue 16, 7711-740
(Apr. 21, 2006).
The rule language published in the Illinois Register differed from the Board opinion and
order with respect to the proposed Section 1100 .201(b). The Board's April 6, 2006 opinion and
order properly read : "CCDD fill operations must not accept waste for use as fill." The proposed
Section 1100 .201(b) was incorrectly published in the Illinois Register as follows :
CCDD fill operations must not accept waste for use as fill . This does not prohibit
non-CCDD material, such as uncontaminated soil and other non-waste material
from being placed as fill material in a unit . Pursuant to Section 3 .160 of the Act,
when uncontaminated soil is commingled with CCDD, the uncontaminated soil is
considered CCDD
. Accordingly, the other non-waste material commingled with
CCDD is considered CCDD
. Illinois Register,
Vol
. 30, Issue 16, 7721
(Apr. 21, 2006) .
The Board's April 6, 2006 opinion and order contained the correct language of Section
1100.201(b), and the extraneous language contained in the Illinois Register publication will be
deleted at second notice .
The Board will accept public comments on the first-notice proposal through June 5, 2006,
45 days from the date of publication of first notice in the Illinois Register .
The comment period
must close promptly, as the Board must adopt a second-notice order at its June 15 meeting in
order to complete rulemaking by the September 1, 2006 statutory deadline
.
Before filing any document with the Clerk, including public comments, please check with
Ms. Sandy Wiley at (312) 814-3623 or
wiles a)ipcb.s1atc .il .us,
the hearing officer, or the Clerk's
Office for the most recent version of the Service List .
IT IS SO ORDERED .
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Hearing S fficer
Illinois Pollution Control Board
100 West Randolph, Suite 11-500
Chicago, Illinois 60601
(312) 814-3665
