ILLINOIS POLLUTION CONTROL BOARD

October 23, 1986

IN THE MATTER OF:

)

HAZARDOUS WASTE PROHIBITIONS

)

R 86-9

DISSENTING OPINION (by B. Forcade):

I dissent from today’s emergency rule.

My first area of disagreement with the majority is the lack

of an emergency to support this rulemaking action. My dissenting

Opinion of October 2, 1986, articulates my views on this issue

and will not be repeated here.

My second area of disagreement is the large number of

exemptions and exclusions which the majority has adopted. These

exceptions and exclusions (Section 709.110(b) and Section

709.202) significantly reduce the scope of the hazardous waste

land disposal prohibitions of Section 39(h) of the Illinois

Environmental Protection Act. My objections to this reduction in

scope were expressed in my dissenting Opinions of June 11, 1986

(pp. 1—3) and October 2, 1986 (p. 2). Since those dissents were

written, the majority has further expanded the list of materials

exempted from the Section 39(h) coverage to include voluntary

cleanup and spill responses by responsible parties (Section

709.202(c)). I continue to believe that the scope of Section

39(h) coverage should be determined by the.character of the waste

(is it hazardous or not), rather than by the identity or

intentions of the generator.

In Section 729.102, the majority has revived the idea that

wastestreairts “cease to exist.” My objections to this concept

were articulated in my June 11, dissent at page 3.

I have a significant problem with the majority’s language in

Section 709.106, governing deemed—issued permits. This section

is a blatent attempt to extend the statutory deadline of Section

39(h) from January 1, 1987, until mid—February, 1987. Under this

section, an application filed before November 15, 1986, results

in a “deemed issued” authorization to continue land disposal.

That “deemed issued” authorization would continue for 90 days or

until Agency action. Thus, if the Agency takes the full 90 days

for review, the hazardous waste could be deposited in a waste

site until mid—February, 1987, without “specific

authorization.” This, I believe, clearly violates the statutory

deadline, which prohibits such

action after January 1, 1987.

73.462

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—2—

Member of the Board

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

Board, hereby certify that the above Dissenting Opinion was

submitted on the

~

day of

j-~_4t~J ,

1986.

Dorothy M./Gunn,

~.

Clerk

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Illinois Pollution Control Board