ILLINOIS POLLUTION CONTROL BOARD
December
20,
1984
IN THE MATTER OF:
)
NON-HAZARDOUS SPECIAL WASTE
)
R84-43
MANIFESTS
)
ORDER OF THE BOARD (by
D.
Dumelle):
Public Act 83-14~
thich became effective on September
17,
1984, contains
the
fo;
:~ng
directive:
Sec.
22.01.
January
1,
1986,
the Board
shall review
and
sider
the repeal
of any exist-
ing rule or reguis~;~nthat requires manifests for
the shipment of no~hazardous special
wastes.
However,
the Board
shall adopt regulations that
require
that facilities accepting
non—hazardous
special
wastes
file
a report with
the
Agency
on
an
annual
basis,
specifying
the
quantities
and
dis-
position of non-hazardous special
wastes accepted
for treatment,
stoi~’ageor disposal.
Nothing
in this Section
shall
be
interpreted
or construed
to prohibit
any company treating,
storing
or disposiag of non-hazardous special
wastes
from requiring manifests
to be
submitted to
it for
s~chwastes,
(Ill.
Rev,
Stat,
1983,
ch,
111½, new par.
1022,01,
as amended by P.A,
83—1461,
effective September 17, 1984.)
In response to this directive,
the Board hereby establishes
a docket
for the review and consideration
of the manifest require-
ment
for
non-hazardous apecial wastes.
To begin this review,
the
Board
authorizes
the holding
of Inquiry Hearings designed to
solicit
comment on the following topics:
1.
The
~rpose
and history
of the manifest requirement for
special wastes;
2.
The
criteria or characteristics
for distinguishing those
wastestreams which require greater and
lesser degrees of
regulation with regard to transportation and handling, e.g.
degree
of hazard to health or the
environment posed by
a
waste,
the difficulty involved in
managing
a waste
due
to
its volume
or
nature,
the concentration levels
of hazardous
constituents in
a waste, etc.;
3.
The
significance
of
the
intended
management
technique
to
the
manifest
requirement,
e.g.
whether the waste
will
be
stored,
incinerated,
treated
or landfilled,
or
whether
the
waste
will
be disposed
of
in
a
landfill not equipped
with
a
leachate
collection
system,
etc.;
4.
The
factors
justifying
repeal
of the manifest
requirement
with
regard
to specific non-hazardous special
wastestreams;
5.
The
legislative
intent
with
regard to which
wastestreams
should
be
made
subject
to
the
annual
report
and
the
con-
tent
of
the annual report envisioned by the
new
statutory
I angu age.
Comments
on other
issues related
to the special
waste
manifest
requirement
are
also
welcome,
Comments may
either
be
presented
orally
at
the
Inquiry
Hearings
or mailed
to
the
Clerk
of
the
Board
at
309
W.
Washington
St.,
Suite 300, Chicago,
IL
60606.
Commentors
are
directed
for
reference to the following
statutory
and
regulatory provisions:
Illinois
Environmental
Protectton
Act,
Sections
3(i),
(j),
(I),
(t),
(11), Section 21(j)
(35
Ill,
Rev.
Stat,
1983,
ch~. 111½,
pars.
1003 and 1021.)
Rules
and
Regulations
of
the
Pollution
Control
Board,
Subtitle
C,
Part
809
(35
Ill.
Mm.
Code 809).
In
furtherance
of
this
review,
the
Board
hereby
requests
that
the
Illinois
Environmental
Protection
Agency
submit
to
the
Board
for
the
record
in
this
proceeding
as
soon
as
practicable
any
criteria,
administrative
guidelines,
procedures,
or
listings
used
in
administering
and
applying
the
special
waste
manifest
regulations.
The
Board
is
aware
that
the
Department
of
Energy
and
Natural
Resources,
persuant
to
P.A.
83-1268,
is
mandated
~to
complete
a
study
of
the
benefits
and
feasibility
of
establishing
a
system
of
classifying
and
regulating
special
wastes
according
to
their
degree
of
hazard.~
This
study
is
to
be
submitted
to
the
Board
by
July
1,
1985
and
will
be
the
subject
of Board hearings.
Although
this
study
will
encompass
a
broader
inquiry into the
special
waste
category,
it
will
undoubtedly
provide
a
useful
data
base
for
consideration
in
this
docket
and
will
be
made
a
part
of
the
record
in
this
proceeding.
62~
118
—3—
I,
Dorothy M. Gunn,
Clerk
of
the
Illinois
Pollution
Control
Roard,
hereby
certify
~that
the
above
Order
was
adopted
on
the
_________
day
of
~
1984
by
a
vote
of
Illinois Pollution Control Board
62417