ILLINOIS POLLUTION CONTROL

BOARD

December

17,

1987

IN THE MATTER OF:

)

R84—43

NON—HAZARDOUS SPECIAL WASTE

)

MANIFESTS

)

ORDER OF THE BOARD (by J.D.

Durneile):

Public Act 83—1461, which became effective on September 12,

1984,

contained the following directive:

Section 22.01.

By January

1,

1986,

the Board

shall

review

and

consider

the

repeal

of

any

existing

rule

or

regulation

that

requires

manifests

for

the

shipment

of

non—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 disposition

of

non—hazardous

special

wastes

accepted

for

treatment, storage or disposal.

Nothing

in

this Section

shall

be inter-

preted

or

construed

to

prohibit

any

company

treating,

storing

or

disposing

of non—hazar-

dous

special

wastes

from requiring manifests

to be submitted

to

it for such wastes.

Ill.

Rev.

Stat.

1983,

ch.

111—1/2,

new

par.

1022.01, as amended by P.A. 83—1461, effective

September 17, 1984

In response

to this directive on December 20,

1984, the

Board established a docket for review

arid consideration of the

manifest requirement for Non—Hazardous Special Wastes.

Inquiry

hearings were held on March

4,

1985,

and March 29,

1985.

The

Board received numerous comments suggesting deferment of R84—43

proceedings pending the outcome

of R85—27, which involved

classifying and regulating Special Wastes according to their

degree

of hazard.

The proposed rules would have required the

filing of

an annual

report beginning July

1, 1987.

On December 20,

1985,

the Board adopted

a First Notice

Opinion and Order

in this action.

Additionally, the Board

consolidated this action with R85—27, explaining that because

R85—27 was considering the special waste issue in response to a

separate mandate contained in Section 22.9,

it would

be imprudent

to repeal or modify the manifest requirements at that time.

84—729

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—2—

During the First Notice Comment Period for the R84—43 annual

report requirement, various commenters,

including the Illinois

Environmental Regulatory Group, Waste Management of Illinois, and

Olin Corporation again argued that the mandates of Sections 22.01

and 22.9 must be read

arid implemented

together

to avoid

a variety

of compliance and enforcement problems.

The Board is persuaded

by these comments that it

is indeed preferable to deal with the

specifics of the annual report question

in conjunction with the

related manifest/special waste categorization issues.

Docket

R84—43 proposal is accordingly dismissed,

and the Docket is

closed.

The R84—43 record

is, however,

included

in Docket R85—27

by virtue of the December 20, 1985 Consolidation Order and issues

raised

in R84—43 will

be considered in R85—27.

IT

IS SO ORDERED

I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control

Board,Jiereby certify tha

the above Order was adopted on

the

/I~’

day of ________________________,

1987, by a vote

of

~

*

Dorothy M. Gunn, Clerk

Illinois Pollution Control Board

84—730