RECEIVED
CLERW~
OFT~Irn
MAY
03
2001
BEFORE
THE
L
BOARD
STATE OF
ILLINOIS
Pollution Control Bot~rA
IN
THE MATTER OF:
)
)
SITE REMEDIATION PROGRAM
AMENDMENTS TO
35 ILL. ADM. CODE 740
)
RO1-027
)
(Rulemaking
-
Land)
)
)
~c
Y~S—
NOTICE OF FILING
To: Ms. DorothyM. Gunn
Clerk ofthe Board
Illinois Pollution Control Board
James R. Thompson Center
100 W. Randolph Street
Suite 11-500
Chicago, Illinois 60601
Bobb A. Beauchamp
Hearing Officer
Illinois Pollution Control Board
James R.
Thompson Center
100 W. Randolph Street
Suite 11-500
Chicago, Illinois 60601
Persons on attached service list
PLEASE TAKE NOTICE
that I have today filed with the Clerk ofthe Illinois Pollution
Control Board the original
and
nine copies
of
the
COMMENTS
OF
THE
CHICAGO
DEPARTMENT
OF
ENVIRONMENT in theabove-captioned matter, a copy ofwhich is herewith
served upon you.
By:
Y~b
~Pc~-vf
Carol
B. Brown
Assistant to
the Commissioner
Chicago Department ofEnvironment
30 N. LaSalle Street, Suite 2500
Chicago, IL 60602
(312) 744-7200
Dated: May 3, 2001
lIE CE IVE D
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
CLERK’S OFFrC’i
MAY
0
3
2001
STATE OF ILUNOIS
Pollution
Control Board
IN
THE MATTER OF:
)
)
SITE REMEDIATION PROGRAM
)
RO1-027
)
(Rulemaking
-
Land)
AMENDMENTS TO
)
35 ILL. ADM. CODE 740
)
COMMENTS OF THE
CHICAGO DEPARTMENT OF ENVIRONMENT
The Chicago DepartmentofEnvironment(“CDOE”) appreciatesthis opportunityto comment
on the proposed amendments
to the Site Remediation Program,
35
Ill.
Adm.
Code 740.
CDOE
generally supports
the proposed amendments.
However, CDOE is
concerned
that
the current
amendment language relating to the establishment of soil management zones in Section 740.535
might undercut the Site Remediation Program. Specifically,
that section could be interpreted to
permit a remedial applicant to
consolidatecontaminated soils from acro~s
par-eel onto one area of
the parcel and then simply cap that area with asphalt or a similar engineered barrier. In effect, the
soil
management zone would be
transformed
into a device to allow the on-site
disposal
of
contaminated soils.
While we support the concept ofallowing contaminated soils to be movedwithin the site if
sound environmental standards aremet and ifthe movement ofsuch soils is a necessary part ofon-
site construction activities, wecannot support consolidationofcontaminated soils to-avoid-the costs
ofproper off-site disposal. Forexample, itis appropriate forcontaminated soil to be used foron-site
construction fill in situations where off-site material would otherwise have to be brought in for a
development project, with the resulting building
serving
as
an
engineered barrier.
Conversely,
consolidating the waste material into a berm or other structure that has no genuine on-site purpose
other than as a means of avoiding transportation and disposal
costs would not be acceptable.
Therefore, in order to avoid any possibility ofsoil management zones being used for such
improperpurposes, CDOErequests clarificationofSection
740.535(a).
This couldbe accomplished
either by deleting proposed Section
740.535(a)(2)(B),
and therefore
eliminating the reference to
“consolidation”entirely, or by inserting new language that would specif~that contaminated soil in
soil management zones couldbe left on siteonlyifrequited forbonafideconstruction or engineering
purposes. Possible language for a new Section 740.535(a)(3) would be as follows:
Section
740.535(a)(3’).
Soil
management zones for contaminated on-site
soils
nursuant to
Section 740.535(a)(2) shall be used only where such soils will serve as
a
substitute
for materials that would otherwise have
to
be brought to the site for
construction or engineering purposes
In summary, CDOE has had to
pay for the clean-up ofmany sites across the city on which
former owners consolidated waste materials in order to avoidproperly disposing ofthem, rendering
those
sites
unusable by future developers without costly remediation. Therefore,
while
CDOE
generally supports the proposed amendments
to the Site Remediation Program, it believes
that
additional clarification ofSection 740.535 is requiredto prevent soil management zones from being
used as a wayto avoid removingand disposing ofcontaminated soil whose continued presence on-
site is not genuinely necessary.
2
Dated:
May 3, 2001
Respectfully submitted,
William F. Abolt
Commissioner
Chicago Department of Environment
30 N. LaSalle Street, Suite 2500
Chicago, IL 60602
3
CERTIFICATE OF SERVICE
I, Carol B. Brown, certify that on this the 3rd dayofMay, 2001,1 served the attachedNotice
ofFiling and COMMENTS
OF THE CHICAGO DEPARTMENT OFENVIRONMENT
upon:
Ms.
Dorothy M. Gunn
Clerk ofthe Board
Illinois Pollution Control Board
James R. Thompson Center
100 W. Randolph Street
Suite 11-500
Chicago, Illinois 60601
Bobb A. Beauchamp
Hearing Officer
Illinois Pollution Control Board
James R. Thompson Center
100 W. Randolph Street
Suite 11-500
Chicago, Illinois 60601
by hand delivery and upon the persons on the attached service list via United States Mail, postage
prepaid.
Carol B. Brown
Assistant to the Commissioner
Chicago Department of Environment
30 N. LaSalle Street, Suite 2500
Chicago, IL 60602
SERVICE LIST
In the Matter Of:
Site Remediation Program: Amendments to 35 Ill. Adm. Code 740
Docket No. RO1-027
Bobb A. Beauchamp
Hearing Officer
Illinois Pollution Control Board
100
W. Randolph Street
Suite 11-500
Chicago, IL 60601
Em
Curley
Midwest Engineering Services, Inc.
4243 W. 166th
Street
Oak Forest, IL 60452
Matthew J. Dunn
Environmental Bureau
Office ofthe Attorney General
100 W. Randolph
12th Floor
Chicago, IL 60601
Daniel Goodwin, P.E.
Goodwin Environmental Consultants
400 Bruns Lane
Springfield,
IL 62702
Holly D.
Harley, Esq.
Chicago Legal Clinic
205 W. Monroe Street
4th Floor
Chicago, IL 60606
Stephen Kirschner
Advanced GeoServices
Corp.
Rt.
202
&
1
Brandywine One
Suite 202
Chadds Ford, PA 19317
Karen L. Bernoteit
IERG
215 East Adams Street
Springfield,
IL 62701
William G. Dickett
Sidley & Austin
10 South Dearborn
Suite 5200
Chicago, IL 60603
Steven Gobelman
DOT
Bd of E
2300 South Dirksen Parkway
Room 330
Springfield,
IL 62764
Dorothy M. Gunn
Clerk
Illinois Pollution Control Board
100 W. Randolph
Suite 11-500
Chicago, IL 60601
Katherine D. Hodge
Hodge & Dwyer
P.O. Box 5776
Springfield,
IL 62705-5776
Robert Lawley
Department ofNatural Resources
524 South Second Street
Springfield,
IL 62701-1787
Brent Manning
Director
Department ofNatural Resources
524
5. Second Street
4th Floor
Springfield, IL 62701
Stefan A. Noe
Citizens forA Better Environment
205 W.
Monroe Street
4th Floor
Chicago, IL 60606
John Reimaun
INDECK
600 N. Buffalo Grove Rd.
Suite 300
Buffalo Grove, IL 60089
Jim Ryan
Office ofthe Attorney General
100 W. Randolph
Chicago, IL 60601
Mark Wright
ILPA
1021
North Grand Avenue East
P.O. Box
19276
Springfield,
IL 62794-9278
Monte Nienkerk
Clayon Group Services
3140 Finley Road
Downers Grove, IL 60515
Mike Rapps
Rapps Engineering & Applied Science
821 S. Durkin Drive
Springfield,
IL
62704
David Reiser
Ross & Hardies
150 N. Michigan
Chicago, IL 60601
Thomas V. Skinner
Director
ffiPA
1021 North Grand Avenue East
P.O. Box
19276
Springfield,
IL 62794-9278
Georgia Vlahos
U.S. Navy
2601A Paul Jones Street
Great Lakes, IL 60088-2845
