ILLINOIS POLLUTION CONTROL BOARD
October 21, 1993
MUNICIPAL SOLID WASTE
)
LANDFILLS,
(Village of Winnetka,
)
Randolph County Landfill,
)
Lawrence County Disposal Centre
)
City of Peru
)
Landfill 33, Ltd.
—
Effingham
)
City of Salem)
)
)
Petitioners,
)
v.
)
PCB 93—190
)
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
ORDER OF THE BOARD (by G. T. Girard):
This matter comes before the Board on the petition for
variance filed by the IEPA (Agency) on behalf of all municipal
solid waste landfills (MSWLF) that qualify for the federal
extensions set forth in 40 CFR 258.1(e) (1), and existing MSWLF
units or lateral expansions thereof receiving flood-related waste
from federally designated disaster areas that are certified by
the State as necessary for the flood—related clean-up of
household waste pursuant to 40 CFR 258.1(e)(3). The original
petition identifies 31 eligible landfills. The petition seeks
relief from the requirements of P.A. 88-496, Sections 21(d)(l),
22.17(a) (5), (10), and 22.17(b) from October 8, 1993 until April
9, 1994.
On October 20, 1993, the Agency filed an amended petition
accompanied by a motion for leave to file instanter, which is
hereby granted. The amended petition identifies 43 landfills who
may be eligible for relief.
1
1
As identified by the Agency, these are Western Lion Ltd.,
Kewanee Municipal, Winnetka Municipal, Carlinville Landfill, D&B
Landfill, Viola Landfill, W.W. Sanitation, Illinois Landfill, Salem
Municipal #2, Land & Lakes/Dolton, Jennings Brothers Landfill,
Laidlaw-BelleVille, Pekin Metro Landfill, K&H Landfill, Paxton
Municipal, Berger Landfill, Pike County Landfill, Narissa
Municipal, Oglesby Municipal, Henry County Landfill, D&L Landfill,
Streator Area Landfill, States Land Improvement, Dixon Municipal
Group #2, LeRoy Brown & Sons, Grimm, Herrin Municipal Landfill,
Woodford-Narshall Landfill, Whiteside County, Peoria Disposal Co.,
Peru Municipal #2, Randolph County, Fulton County, Alton Municipal,
Dowty, Landfill 33 Ltd., Lake County Grading, Saline County,
2
The petition states that:
Public Act (“P.A.”) 88—496, approved September 13,
1993, specified the date of October 9, 1993 as the
compliance date for compliance with the requirements of
40 CFR Part 258. On October 1, 1993, 40 CFR Part 258
was amended to extend the compliance deadline from
October 9, 1993 to April 9, 1994 for certain
facilities. Public Act 88—496 has not been amended to
reflect this change. 2 However, Section 22.41(b) of
the P.A. 88-496 specifically designated the federal
regulations of 40 CFR Part 258 as Board rules adopted
under the Act. Section 22.41(b) (3) authorizes the
Board to adopt an alternate schedule that is not
inconsistent with the federal regulations. ~ In
adopting P.A. 88-496, the Legislature intended the
State program to parallel the Federal program as is
evidenced by Section 20(a) (12) of the Act which states,
“it would be inappropriate for the State of Illinois to
adopt a solid waste management program that is less
stringent than or conflicts with federal law”. 415 ILCS
5/20(a)(12) (1992) (As amended by P.A. 88—496).
Procedurally, the Agency suggests that variance should be
granted only to those landfills that affirmatively opt into the
class by sending notice to the Board and the Agency of their
intention to join the class and their payment of the proper
filing fees with the Board by October 29, 1993, and a
demonstration they are eligible for an extension as set forth in
this petition for variance.
The Agency’s procedural suggestion is acceptable to the
Board. The Board observes that, as of 10:30 a.m. on October 21,
Laidlaw Waste Systems, and Rochelle Municipal #2.
2 The Board notes the pendency of HB 299, which presently
seeks to amend PA. 88-496 to include some, but not all, of the
USEPA’s October 1, 1993 amendments to 40 CFR Part 258.
~ On September 15, 1993, the Board adopted rules “identical
in substance” to USEPA RCRA Subtitle D rules at 40 CFR Part 258.
(Docket R93—1O). The Board’s rules contain the deadline extension
from October 9, 1993 to April 9, 1994 published by the USEPA on
October 1. P.A. 88-496 provides that the rules become effective
only upon USEPA approval. USEPA and the Agency have each requested
an extension of time until October 30 in which to file comments
prior to Board filing of the rules. USEPA requested the additional
time to allow it to review the rules in conjunction with its review
of the Agency’s Subtitle D program approval application.
3
six landfills had submitted filings to become part of the
class.”
To facilitate future computer searches of the Board’s
orders, we have captioned this action consistent with 35 Ill.
Adm. Code 101.Appendix A, Illustration D, and will enter
petitioners’ names as appropriate filings arrive. Even though
this action was initiated by the Agency, the Board will not take
action in this matter prior to receipt of an Agency
Recommendation as required by Section 38(a) of the Act and 35
Ill. Adm. Code 104.180. The Agency need not repeat any
information contained in the amended petition which is unchanged,
but is requested to provide the usual information concerning
publication of public notice as well as its outreach to members
of the eligible class. The Board does not intend to hold a
hearing in this matter on its own motion.
IT IS SO ORDERED.
I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control
Board, hereby certify~t~t the above order was adopted on the
~i-~-~day of _______________________, 1993, by a vote of
_7 —t:).
~Dorothy
/~
N. q4hn,
A
Clerk
Illinois Pq~14utionControl Board
“
The Board notes that not all filings included forms
suggested by the Agency. The Board will consider all of these
landfills to have timely “opted—in” to this variance request.
However, to facilitate review, the Board directs the Village of
Winnetka to obtain forms from the Agency and return them completed
to the Board on or before November 1, 1993.