ILLINOIS POLLUTION CONTROL BOARD
    April
    18, 1985
    IN THE MATTER OF:
    )
    FINANCIAL ASSURANCE FOR CLOSURE
    )
    R84—22B
    AND POST-CLOSURE CARE OF WASTE
    DISPOSAL SITES (TEMPORARY RULES)
    )
    FINAL ORDER
    ADOPTED RULE (R84-22B)
    ORDER OF THE BOARD
    (by.J.
    Anderson):
    On April
    4, 1985 the Board adopted temporary rules
    in this
    matter pursuant
    to Sections
    27(b)
    and (c)
    of the Environmental
    Protection Act..
    The
    Board adopted an Opinion on the same date.
    On December
    27, 1984 the Board sent the temporary rules to
    second notice.
    The
    second notice was received by the Joint
    Committee on Administrative Rules
    (JCAR)
    on January 24, 1985.
    Although the second notice period ended on March
    11,
    1985, JCAR
    did not consider the proposal until March
    19, 1985.
    Three objections were discussed at the JCAR meeting, only
    one of which resulted
    in JCAR’s transmittal of an objection.
    JCAR’s objection involved disagreement with the Board’s
    requixemen.t of a performance bond or other security for the
    ~entire~‘site’~,
    rather than the “facility”.
    The Board will
    flat
    change
    the rules in response to this objection,
    an objection
    whicb was made eigh~tdays aetec
    the expiration of
    the second
    notice period.
    Bowever~,JCAR recommended that the Board
    seek legislation
    c~~y~ing
    whether the amount of the performance bond
    or other
    security
    :~$
    to cover
    the entire “site” since
    “site”
    is used
    in
    Sect~on
    21.1(a), or just the disposal unit because of the use of
    the word “facility”
    in the final sentence
    of
    Section 21.1(b).
    The
    Board’s regulations reflect its statutory interpretation
    giving greater weight to the requirement
    of Section 21.1(a)
    that
    the performance bond or other security be “for the purpose of
    insuring closure
    of the site,”
    The Board recognizes that legislative clarification of
    Section 21.1 may be desirable~, The Board will draft for JCAR the
    appropriate language that
    is consistent with the Board’s
    interpretation.
    IT
    IS SO ORDERED.
    63~527
    I, Dorothy
    M,
    Gurin, Clerk
    of the Illinois Pollution Control
    Board hereby certify that
    t
    e above Order was adopted on
    the
    ~
    day
    of
    ___________________,
    1985 by
    a vote
    of
    _________________.
    /2?.
    /~~/
    Dorothy
    M. Gi~t~n,Clerk
    Illinois Pollution Control Board
    83~-528

    Back to top