ILLINOIS POLLUTION CONT~O~BOARD

Septemb~r 2,

1)82

AURORA

ME TALS DIVISION,

AURORA INDUSTRIES,

INC~,

PCB

82-12

ILLINOIS

ENVIRONMENTAL

PROTECTION

AGENCY,

ORDER OF

THE BOARD (by D~Andcrson):

On August 5,

1982 Aurora M~talsDivision, Aurora

Industries,

Inc. (Aurora)

filed a motion br reconsideration and

modification

of the Board~s

Order of July

1,

1982, which granted

Aurora

a variance from

certain regulations contained in

Chapter 9:

Special Waste

Hauling. Aurora now requests either a

determina~-

tion that its core

sand is not a special waste,

or a variance

from the definition

of “special waste”~

Aurora

has advised the Board that, contrary to the

Board~s

assumption,

it

is

not the hauler of its special

wastes The

reference

in the response to “its special waste

disposal permitu

referred

to a Chapter 7 supplemental permit held by

the disposer,

rather than a

Chapter 9 permit held by Aurora~ In retrospect,

it appears

that the petition was deficient under

Procedural

Rule 401(a),

in particular, codified Sections lO4~l2l(b)

and

l04~l2l(h)

Aurora has

also retracted its statement in the

response

that it was seeking

a variance from the substantive

provisions

of Chapter

9 rather than the definition of “special

waste’~,

In the first place,

it is now too late to amend the

request

for relief~. In

the second place, the Board would be unable

to

grant such a

variance for two reasons: it would

essentially

create a category

of “variance waste” whica would

be indistinguish-

able

from special

waste; and, it would not require

acceptance

of the

variance conditions by the transporter and

disposer of

the wastes

If Aurora alone were granted a

variance

from the definition,

it would be

in

a position

to place transporters and

disposers

in violation of the

rules when they accepted the

waste for

transportation or

disposaL

48~77

---

As a practical mattar the B

that the

generator,

transporter and

CJ~sp

i~

ny special

waste movement

subject

t a var~

~c ~t

varance

conditions

or operate pursu~r~o r ~ia1

a nditions~

The entire

regulatory ~ro~rar

~

ii

med if indis~

tinguishable

special wsste

~u

~‘act vi inca were allowed

to move

outside the man ie~ts~ si Lc~ ~~nyqariance is

granted, the

Board must have tie

intity

~.

tie transporter

and

some

assurance of contrl

‘

e1iv~ry

t the disposal

site, The

simplest. ~p~i

r~.to tile a

new variance

petitioi, joint

I

~ ns1o~er and

disposers,

fully a~dressi~g ~ ~‘ef cncies

mi

tirs petitions

The

Board will not recons 1~rit~ eeual 0±the Agency~s

motion to

dismiss Aur icy

c~ its nd~itionalgrounds

for a

determination t~ni~th~v~n~ s~ro~ n fs~t “special”

in a new

petition~ Tie ‘~io

r

f

~ideration is

granted

in part.

The Opinion and OtdcL

~C

nly 1, ~012 is withdrawn.

The petition

is dismissed

IT IS

SO ORDERED~

I, Christa

L

t~ i~ i~tollution

Control

Bo~rd, herecy certify ti a sbo~~iOrdez~wasadopted

on the

~

day fk~~1J).~ ~8 b a vote of

~

~erk

linois Polluti Control