ILLINOIS POLLUTION CONTROL BOARD
    June 5, 1997
    IN MATTER OF:
    AMENDMENTS TO LOCATION
    STANDARDS FOR LANDSCAPE WASTE
    COMPOST FACILITIES, 35 ILL. ADM.
    CODE 830.203(c)
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    R97-29
    (Rulemaking - Land)
    ORDER OF THE BOARD (by K. M. Hennessey):
    On May 5, 1997, two citizens, Dr. Renuka Desai and Susan Garrett (proponents), filed
    a proposal to amend 35 Ill. Adm. Code 830.203(c) (proposal). Section 830.203(c) contains
    location standards for composting areas. On June 2, 1997, the City of Lake Forest (Lake
    Forest) filed a request that the Board not issue an order accepting the proposal for hearing
    (request), in effect, requesting that the Board dismiss the proposal and close the docket. On
    June 4, 1997, proponents filed two responses to the request (response).
    The Board denies Lake Forest’s request. The Board cannot, however, accept the
    proposal for hearing at this time because proponents failed to serve copies of its proposal upon
    various state agencies as required by the Illinois Environmental Protection Act (Act) and Board
    regulations. The Board grants proponents 30 days from the date of this order to cure this
    procedural defect.
    The Board discusses the proposal, the request, and the response. The Board then
    discusses its conclusions.
    Generally, proponents request in their proposal that the Board amend Section
    830.203(c) to prohibit composting areas from being located within one-half mile of the
    property line of certain facilities, including schools, and to require that existing composting
    areas located within that setback distance be relocated. Proponents allege that the amendments
    are necessary because of actual and potential health threats from exposure to commercial
    composting operations. Proponents attached to the proposal letters from various doctors and
    medical organizations about the impact of composting operations on human health.
    Lake Forest alleges in its request that the proposal is plainly devoid of merit and fails to
    meet various procedural requirements. Regarding the proposal’s merit, Lake Forest alleges
    that the proposal contains no justification for further restricting the location of landscape waste
    compost facilities and that it is unnecessary based on a study undertaken to identify bioaerosol
    emissions from a composting facility in Lake Forest, Illinois. Regarding procedural
    requirements, Lake Forest alleges that the proposal does not include required information, is
    improperly drafted, and was not served on the Illinois Attorney General, the Illinois
    Environmental Protection Agency, or the Illinois Department of Natural Resources.
    2
    Proponents allege in their response that Lake Forest’s arguments as to the merits of the
    proposal should be addressed at a regulatory hearing. Proponents state that under Section 28
    of the Act, 415 ILCS 5/28 (1994), and 35 Ill. Adm. Code 102.160, the Board has authority to
    order a hearing despite the alleged deficiencies in the proposal. Proponents also state that they
    will cure any deficiencies as necessary before hearing and during the rulemaking process.
    The Board cannot conclude that the proposal is plainly devoid of merit. The proposal
    does include the language changes sought by proponents and does provide reasons why they
    believe the rule change is necessary. If this matter proceeds to hearing, the merits of the
    proposal would be thoroughly considered during the rulemaking process. In addition, if the
    proposal does so proceed, the Board would encourage the City of Lake Forest, and others who
    may be interested, to participate in the rulemaking process so that the Board would have the
    benefit of a fully developed record for its decision.
    The Board acknowledges that while there are some deficiencies in the form and content
    of the proposal, none are so material as to preclude the Board from accepting this matter for
    hearing. As proponents note, the Board has discretion to schedule a public hearing upon any
    proposal regardless of such deficiencies.
    Lastly, regarding alleged deficiencies in service of the proposal, the Board
    acknowledges that Section 27(a) of the Act requires a proponent to file a copy of its proposal
    with the Illinois Environmental Protection Agency and the Illinois Department of Natural
    Resources. (See 415 ILCS 5/27(a) (P.A. 89-445, eff. February 7, 1996).) The Board’s rules
    require the filing to be made not only with these two agencies, but also with the Illinois
    Attorney General. (See 35 Ill. Adm. Code 102.120.) Proponents failed to deliver copies of
    their proposal to these agencies, and the Board believes that these agencies may be able to
    provide valuable information on the proposal. Nevertheless, proponents may cure this
    procedural defect by serving these agencies and filing proof of service with the Board. By
    allowing proponents to do so, the purpose of the service requirements -- providing notice to
    these agencies of the proposal -- would be met. Moreover, no prejudice will result to these
    agencies or any participant in the rulemaking process.
    Thus, while the Board denies Lake Forest’s request, the Board cannot accept the
    proposal for hearing at this time. However, the Board grants proponents 30 days from the
    date of this order to serve the required state agencies with a copy of their proposal and file
    proof of such service with the Board.
    The Board also notes that the original caption of this matter incorrectly reflected that
    proponents also sought to amend 35 Ill. Adm. Code 811.302. The caption of this order has
    been amended to correct this error. All future pleadings in this matter must set forth this
    amended caption.
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    ORDER
    1. The Board denies the City of Lake Forest’s request that the Board not issue an order
    accepting this matter for hearing.
    2. The Board grants proponents 30 days from the date of this order to file with the Board
    proof of service of the proposal upon the Illinois Environmental Protection Agency, the
    Illinois Department of Natural Resources, and the Illinois Attorney General.
    3. All future pleadings in this matter must include the caption as amended in this order.
    IT IS SO ORDERED.
    Board Member J.Theodore Meyer dissented.
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, hereby certify that
    the above order was adopted on the 5th day of June, 1997, by a vote of 6-1.
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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