BSB
BRUCE
RECEIVED
CLERK’SOFFICE
APR
10
2001
STATE OF ILLINOIS
~nIf,itinn
Con ~roJ
Boczrd
601 WEST MONROE
STREET, SPRINGFIELD. IL 62704
TELEPHONE
1217) 525-0700 FAX
(217)525-2171
April 6, 2001
Ms. Dorothy M. Gunn
Clerk ofthe Board
Illinois Pollution Control Board
James R. Thompson Center
100 West Randolph Street
Suite
11-500
Chicago, IL 60601
Re:
RO1-27 (Rulemaking-Land)
Dear Ms. Gunn:
Enclosed for filing
in the above Rulemaking are one original and nine copies ofthe
following:
Public Comments
of Bruce
S. Bonczyk
in
Opposition to Certain Proposed
Amendments oftheEnvironmental ProtectionAgency’sProposalto Amend 35111. Ad. Code
740.
Said copies are provided with the Notice ofFiling and Certificate of Service.
Please file stamp the enclosed additional copy ofthe documents and return them in
the enclosed self-addressed stamped envelope.
Thank you for your assistance.
Very truly yours,
Bru
aw
Office
~
Bruce S. Bonczyk,
.E.
BSB:lew
cc:
Mr. David Kennedy, CECI
Mr. Gary Crites, ISPE
Enclosures
RECEIVED
CLERK’SOFFICE
APR
102001
BEFORE THE POLLUTION
CONTROL BOARD
STATE OF ILLINOIS
OF THE STATE OF ILLINOIS
Pollution
Control
Board
IN THE MATTER OF:
SITE REMEDIATION PROGRAM
AMENDMENTS TO
35
ILL. ADM. CODE 740
)
)
)
RO1-27
)
(Rulemaking
-
Land)
)
)
NOTICE OF FILING
TO: Ms. Dorothy M. Gunn
Clerk ofthe Board
Illinois Pollution Control Board
James R. Thompson Center
100 West Randolph Street
Suite 11-500
Chicago, IL 60601
(Via U. S. Mail)
Mr. Bobb A. Beauchamp
Hearing Officer
Illinois Pollution Control Board
James R. Thompson Center
100 West Randolph Street
Suite 11-500
Chicago, IL 60601
(Via U.
S. Mail)
All Other Persons on the Attached Service List via U. S. Mail
PLEASE TAKE NOTICE that today I have filed with the Office ofthe Clerk ofthe
Pollution Control BoardthePublic CommentsofBruce S. Bonezyk in Opposition to Certain
Proposed Amendments ofthe Environmental Protection Agency’s Proposal to Amend35
Ill. Ad. Code 740, in the above entitled matter, copies ofwhich are hereby servedupon you.
Respectfully submitted,
Illinois Society of Professional Engineers
Consult eers Council ofIllinois.
Dated:
4,
2~~X4
Bruce
S. Bonczyk, One oftheir Attorneys
THIS FILING SUBMITTED ON RECYCLED PAPER
RECEIVED
CLERK’SOFFICE
BEFORE THE POLLUTION
CONTROL BOARD
APR
1
02001
OF THE STATE OF
ILLINOIS
STATE OF
ILLINOIS
IN THE MATTER OF:
)
Pollution Control
Board
)
SITE REMEDIATION PROGRAM
)
RO1-27
)
(Rulemaking
-
Land)
AMENDMENTS TO
)
35
ILL. ADM. CODE 740
)
PUBLIC COMMENTS OF BRUCE S. BONCZYK
IN OPPOSITION TO
CERTAIN PROPOSED AMENDMENTS
OF THE ENVIRONMENTAL PROTECTION AGENCY’S
PROPOSAL TO AMEND
35 ILL. ADM. CODE 740
My name is Bruce S. Bonezyk.
I am an attorney with Bruce S. Bonczyk, Ltd. and I
represent the
Illinois
Society
of Professional
Engineers
(“ISPE”), and the
Consulting
Engineers Council ofIllinois (“CECI”). I am also a Licensed Professional Engineer in the
State ofIllinois.
I am testif~iing today to objectto certain portions ofthe proposed amendments to 35
Ill. Adm. Code 740. On behalf of ISPE and CECI, I filed with the Board a Motion to
Oppose Certain Proposed Amendments ofthe Environmental ProtectionAgency’sProposal
to Amend 35111. Adm. Code 740. and a companionMemorandum ofLaw in support ofsaid
motion.
ISPE and CECI object to the proposed inclusion of terminology in the regulations
which allow for “LicensedProfessional Geologists” to perform certain functions assigned
to “LicensedProfessionalEngineers”by the enabling legislation. An administrative agency
has only such authority as is conferred by express provisions oflaw, or is found, by
fair
implication, to be incident to the express authority conferredby such legislation.
We object
on the
grounds that
there is no
statutory
authority in the enabling legislation
to
include
Licensed Professional Geologists in the rules.
THIS FILING IS SUBMITTED ON RECYCLED PAPER
geologists’ services are a subset ofthe Licensed Professional Engineers, and the Licensed
Professional Engineers bear the ultimate responsibility for the total package of services as
defined in the SRP legislation. We believe there is nojustification for the proposedchange,
asthe existing rule authorizes the currentrelationships between thegeologists and engineers
for the SRP program.
In summary, ISPE and CECI believe the Agency is attempting to address a problem
that doesn’t exist,but in doing so may actually be creating a potential for confusion, both
in a legal and practical sense. There is no statutory basis to support this proposed rule, and
there is no ill that requires a remedy.
Thus, we request the Agency and Board to strike the
references to Licensed Professional Geologists in the proposed rulemaking.
I thank the
Board for the opportunity to comment.
Respectfully submitted,
Illinois Society of Professional Engineers
Consulting Engineers Council ofIllinois
By:
Bruce
S. Bonczyk, One ofits Attorneys
Bruce
S. Bonczyk
(ILReg. 6190593)
BRUCE
S. BONCZYK, LTD.
601 West Monroe Street
Springfield, IL 62704
217.525.0700
217.525.0780 fax
Ms. Karen L. Bernoteit
IERG
215 East Adams Street
Springfield, IL 62701
Mr. Matthew J. Dunn
Office ofthe Attorney General
100 West Randolph,
1
2th Floor
Chicago, IL 60601
Ms. Dorothy M. Gunn
Illinois Pollution Control Board
100 West Randolph, Suite
11-500
Chicago, IL 60601
Mr. Stephen Kirschner
Advanced GeoServices Corp.
Brandywine
One, Suite 202
Chadds Ford, PA 19317
Mr.
Monte Nienkerk
Clayton Group Services
3140 Finley Road
Downers Grove, IL 60515
Mr. John Reimann
lINDECK
600 N. Buffalo Grove Rd, Suite300
Buffalo Grove, IL
60089
Mr.
Thomas V. Skinner
Director, IEPA
1021 North Grand Avenue East
Springfield, IL 62794-9278
Ms. Erin Curley
Midwest Engineering Services, Inc.
4243 West
l66~” Street
Oak Forest, IL
60452
Mr. Steven Gobelman
IDOT
2300
5. Dirksen Pkwy., Room 330
Springfield, IL 62764
Ms. Holly D. Harley, Esq.
Chicago Legal Clinic
205 West Monroe Street, 4th Floor
Chicago, IL 60606
Mr. Robert Lawley
Department ofNatural Resources
524 South Second
Street
Springfield, IL 62701-1787
Mr.
Stefan A. Noe
Citizens for aBetter Environment
205 West Monroe Street, 4th Floor
Chicago, IL 60606
Mr.
David Reiser
Ross & Hardies
150 North Michigan
Chicago, IL 60601
Mr. Mark Wight
IEPA
1021 North Grand Avenue East
Springfield,
IL 62794-9278
Mr. William G. Dickett
Sidley &
Austin
10 South Dearborn,
Suite 5200
Chicago, IL 60603
Mr. Daniel Goodwin, P.E.
Goodwin Environmental Cons.
400 Bruns Lane
Springfield,
IL 62702
Ms. Katherine Hodge
Hodge & Dwyer
P.O. Box 5776
Springfield, IL 62705-5776
Mr. Brent Manning
Department ofNatural Resources
524 South
Second Street,
4th Floor
Springfield,
IL 62701
Mr.
Mike Rapps
Rapps
Eng. & Applied Science
821
South Durkin Drive
Springfield,
IL 62704
Mr. Jim Ryan
Office ofthe Attorney General
100 West Randolph
Chicago, IL 60601
Ms. Georgia Vlahos
U.S. Navy
2601A Paul Jones Street
Great Lakes, IL 60088-2845
