February 27, 2006
Mr
. Doug Scott
Director
Illinois Environment Protection Agency
4302 N. Main, Floor 1
Rockford, Illinois 61103
Dear Director Scott :
In October 2005, the Illinois Society of Professional Engineers and the American Council
of
Engineering Companies-Illinois sent a letter outlining our concerns with Proposed Clean
Construction or Demolition Debris (CCDD) Regulations (IPCB Case Number
R2006-019). A
copy of the October 15, 2005 letter is attached
.
'
It has come to our attention that this letter was not forwarded on to the Illinois Pollution Control
Board, and has not become part of the record for this case
. We respectfully resubmit this
statement of ISPE and ACEC's position on the rulemaking .
We have also attached the pertinent
section of the draft rules dated 8/29/05 that supports our position that professional engineers
should be included in the physical or operational design of CCDD filling facilities, as well as
having a role in certifying the closure of a permitted CCDD facility
.
Respectfully,
Ki Robinso
David Kennedy
Executive Dr ector
Executive Director
Illinois Society of Professional Engineers
American Council of Engineering
Companies of Illinois
cc : G
. Tanner Girard, Acting Chair, Illinois Pollution Control Board
REC EtVEDOFFICE
MAR 0 9 2006
STATE OF ILLINOIS
Pollution
Control Board
October 15, 2005
Mr. Doug Scott, Director
Environmental Protection Agency
1021 N. Grand Avenue, East
Springfield, IL 62794
Re : Proposed Clean Construction or Demolition Debris (CCDD) Regulations
Illinois Administrative Code, Title 35, Subtitle J, Part 1100
Dear Director Scott :
The Illinois Environmental Protection Agency (IEPA) is currently planning to submit the
above referenced proposed regulations to the Illinois Pollution Control Board (Board) for
consideration and adoption .
As representatives of Illinois Society of Professional
Engineers and the American Council of Engineering Companies of Illinois, we wish to
express our concern that, as currently written, these regulations violate the Illinois
Professional Engineering Practice Act of 1989 (225 ILCS 325/) .
Specifically, these regulations do not require the involvement of an Illinois licensed
professional engineer (PE) in the physical or operational design of CCDD filling facilities
as would be evidenced by a requirement for their signature and seal on permit
applications. This is inconsistent with the requirements of other IEPA, Bureau of Land,
Division of Land Pollution Control, permit programs/applications and
we believe with
the Illinois Professional Engineering Practice Act of 1989 (Act)
.
Section 4(o) of the Act defines "Professional engineering practice" and cites numerous
examples of same so the intended scope of the Act can be fully recognized
. Just two of
these cited examples are
"environmental design" and "recognition, measurement,
evaluation and control of environmental systems and emissions"
. It is inconceivable
how an environmental regulatory permit system can exist without requiring one or both
of these activities.
The regulations as currently drafted do require PE certification of a permitted CCDD
facility's closure . However, it is our position that its design and permit application
preparation should also be performed by or under the supervision of an Illinois PE for full
compliance with the Illinois Professional Engineering Practice Act . Accordingly, we
request the inclusion of such a provision in the CCDD regulations that are ultimately
promulgated by the Board .
Respectfully submitted,
Ki Robinso
David Kennedy
Executive Director
Executive Director
Illinois Society of Professional Engineers
American Council of Engineering
Companies of Illinois
Cc: Kyle Rominger
Scott Phillips
. ./ L. r
Section 1100 .301 Scope and Applicability
All persons seeking a permit for a CCDD fill operation must submit to the Agency an
application for the permit in accordance with the Act and this Part .
Section 1100.302
Notification
The applicant must provide notification of the request for a permit to the State's Attorney
and the Chairman of the County Board of the county in which the facility is located, each
member of the General Assembly from legislative districts in which that
Ability
is
located, and the clerk of each municipality located within three miles of the facility
.
Proof of providing the notifications required under this Section must be included in the
permit application.
Section 1100 .304 Required Signatures
a)
All permit applications must contain the name, address, and telephone
number of the owner and operator, and any duly authorized agents of the
owner or operator to whom inquiries and correspondence should be
addressed
.
b)
All permit applications must be signed by the owner and operator, or by
their duly authorized agents with an accompanying oath or affidavit
attesting to the agent's authority to sign the application on behalf of the
owner or operator. All signatures must be notarized. The following
persons are considered duly authorized agents of the owner and operator .
1)
For corporations, a principal executive officer of at least the level
of vice president;
2)
For a sole proprietorship, the sole proprietor,
3)
For a partnership, a general partner, and
4)
For a municipality, state, federal or other public agency, by the
head of the agency or a ranking elected official
.
Section 1100.305 Certification by Professional Engineer
All technical submissions must be prepared by, or under the supervision
of
a
professional engineer . The professional engineer must affix the name of the engineer,
date of preparation, registration number, a statement attesting to the accuracy of the
information and technical submissions, and a professional seal to all technical
submissions.
DRAFT 08/29/05
19
