ILLINOIS POLLUTION CONTROL BOARD
January 21,
1993
IN THE MATTER OF:
)
)
AS 91—3
PETITION OF PEORIA DISPOSAL CO.
)
(RCRA Delisting)
FOR AN ADJUSTED STANDARD FROM
)
(Adjusted Standard)
35 Ill.
Athn.
Code 72l.Subpart D)
ORDER OF THE
BOARD
(by 3. Anderson):
This matter is before the Board on the joint motion. for
expedited decision filed by Peo:ria Disposal Co. and the Agency on
January 14,
1992.
The motion requests that the Board expedite
its
decision in
this matter.
Peoria Disposal Co. states
that
the Third District
recently reversed the Board’s decision in an enforcement case,
Erivirite Corp.
v.
EPA
(Dec.
19,
1991), PCB 91—152.
The Board had
granted summary judgment in favor of Peoria Disposal Co.,
determining that not every one of it’s customers needed Section
39(h)
wa•stestreain authorization because Peoria Disposal Co.
actually generated the waste ultimately disposed of.
The Third
District’s decision would require each of the hazardous waste
generators sending its waste to Peoria Disposal Co. for treatment
to obtain an independent Section 39(h) authotization from the
Agency.
Peoria Disposal Co. states that the impact of this
.decision is as follows:
The appellate court’s interpretation of S39(h)
suddenly
renders PDC’s prior operations in noncompliance with
the law, and potentially requires PDC to cease its F006
treatment operations,
return the P006 hazardous waste
transported to PDC for treatment to its industrial
clients, and totransport its own P006 treatment
residue to other facilities.
Motion for Expedited Decision at
¶
10.
Finally, PDC states that “if the Board accepts the Agency’s
recommendation and grants PDC an adjusted standard for its F006
treatment residue, the treated waste will no longer be subject to
539(h) of the Act.”
Thus,
“PDC’s
.
.
.
treatment of P006 waste
will continue unabated, the market options for waste treatment in
Illinois will not be shrunk, and the Agency’s scarce resources
will not be expended in the unnecessary review and processing of
dozens of 539(h) authorization requests.”
Motion for Expedited
Decision at ¶ 11.
The Board hereby grants Peoria Disposal Co.’s motion for the
reasons set forth.
The Board will dispose of this matter as
expeditiously as is practicable consistent with time and resource
constraints.
0138-05133
2
IT IS SO ORDERED.
I, Dorothy N.
Gunn, Clerk of the Illinois. Pollution Control
Board, do hereby ce
ify that the above Order was adopted on the
-~-~
day of
____________,
1993,
by a vote of
C
C
O138-Q5131~
Control Board