ILLINOIS POLLUTION CONTROL BOARD

April 18,

1985

IN THE MATTER OF:

)

Permit Requirements and

Operating Standards for

Owners

and

Operators of

)

R84~-l7

Class

I and Class

II Landfills,

)

Docket A

and for Generators and Haulers

)

Docket B

of Special Waste

)

(consolidated)

ORDER OF THE BOARD

(by J. Anderson):

The R84-~17docket was initiated upon the Agency’s May 31,

1984 filing

of a preliminary set of draft

regulations intended

to

replace unspecifed parts of former Chapters

7 and 9,

the Board’s

Solid Waste Regulations, Special Waste Hauling

arid

Hazardous

Hospital Waste Regulations, now codified as 35

Iii.

Adm.

Code

Parts 807 and 809.

Inquiry hearings were held July 25 and

August

7,

1984.

Numerous public comments have been received

since that time.

By Resolution of December

6, 1984

the Board noted that no

revised Agency draft had been received, announced that resources

of the Board’s new Scientific/Technical Support Section would be

committed to development of Board proposals

in the non—hazardous

waste area,

and invited the filing of proposals alternative to

the A~jency’sproposal.

On April

4, 1985 the Illinois State Chamber

of Commerce

tiled a 38 page alternative proposal and statement of reasons.

The Board will accept this proposal, waiving the requirement of

200 signatures,

and will initially schedule two merit hearings.

TO avoid confusion the Board will denominate the Agency’s May

31,

1984 draft regulations

and the hearing record concerning

it as

R84—17, Docket A.

The State Chamber’s proposal

and the hearing

record concerning

it will be called R84—l7, Docket

B.

Recognizing, however,

the cumulative nature of this proceeding,

the record in Docket A is incorporated into that of Docket B and

the dockets are consolidated.

Any additional alternative

proposals will proceed as sequential subdockets~,

Prior to proceeding

to hearing, however,

the Board will

require the filing of an amended proposal

clarifying

scope and

intent.

As previously noted,

this rulemaking has generated a

great deal of public interests

and

the

Board

would

anticipate a

number of participants

at hearing.

The form

in

which the State

Chamber has filed

its proposal is not

as

clear

as

is

desirable

to

facilitate an efficient hearing.

It

would appear that the

proposal

is intended to replace existing Parts 807

and 809

in

their entirety except

for that portion pertaining

to hazardous

hospital wastes and the newly adopted Subpart

E

and

F rules

for

closure and post—closure care and financial assurance therefor;

83-525

---

—2--

if so,

the

proposal should

so state.

It would also appear that

the proposal adopts some of the language of existing parts

verbatim, amends some of

the existing language, and,

of course,

contains entirely new language.

The Board requests that the

proposal

be amended

to identify identical, amended, and new

language

in some fashion.

The Board further requests that this.

amendment be filed on or before May 15,

1985, to allow for

dissemination of the proposal, analysis by interested persons,

and scheduling of hearings

in June.

IT IS SO ORDERED.

I,

Dorothy M.

(unn, Clerk of the Illinois Pollution Control

Board

herpb~y

certify that

the above Order was adopted on

the

j~r~

day of

___________________,

1985 by a vote

of

..c—o

Dorothy M. Gum,

Clerk

Illinois Pollution Control hoard

63-526