ILLINOIS POLLUTION CONTROL BOARD
    February 1, 2001
    IN THE MATTER OF:
    SITE REMEDIATION PROGRAM:
    AMENDMENTS TO 35 ILL. ADM. CODE
    740
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    IN THE MATTER OF:
    SITE REMEDIATION PROGRAM:
    PROPOSED 35 ILL. ADM. CODE
    740.SUBPART H (SCHOOLS, PUBLIC
    PARKS, AND PLAYGROUNDS)
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    R01-27
    (Rulemaking – Land)
    R01-29
    (Rulemaking – Land)
    (Consolidated)
    ORDER OF THE BOARD (by M. McFawn, E.Z. Kezelis, and N.J. Melas):
    On January 26, 2001, Citizens for a Better Environment (CBE) filed a rulemaking
    proposal pursuant to Section 27(a) of the Environmental Protection Act (Act) (415 ILCS 5/27(a)
    (1998), and 35 Ill. Adm. Code 102.200 and 102.202 of the Board’s procedural rules, effective
    January 1, 2001. The proposed rulemaking would amend the Site Remediation Program (SRP)
    rules, adopted by the Board on June 5, 1997. See Site Remediation Program (Brownfields) and
    Groundwater Quality (35 Ill. Adm. Code 740 and 35 Ill. Adm. Code 620) (June 5, 1997), R97-
    011. The SRP is a voluntary program under which participants may clean up sites where
    contaminants are present. The proposed amendments would add a new
    Subpart H: Requirements Related to Schools, Public Parks and Playgrounds.
    CBE’s proposal is the second recent proposal filed with the Board to amend the SRP
    rules. The Illinois Environmental Protection Agency (Agency) also filed a rulemaking proposal
    to amend the SRP rules on January 12, 2001. The Board accepted the Agency’s proposal for
    hearing on January 18, 2001. See Site Remediation Program: Amendments To 35 Ill. Adm.
    Code 740 (January 18, 2001), R01-27. The Agency’s proposal seeks to amend the SRP rules
    based on the experience gained by the Agency in administering the rules for over three years.
    The Board is in the process of scheduling hearings for the Agency’s proposal.
    CBE’s proposal includes a motion to waive the 200-signature requirement of
    35 Ill. Adm. Code 102.202(f). In support of this motion, CBE states that it has over 10,000
    members, and suggests that the time and expense needed to gather the required number of
    signatures is outweighed by the benefits to public health and environment that will result with
    the adoption of its proposal. The Board finds that CBE has demonstrated that it could easily
    obtain the required number of signatures, and that the granting of this motion will materially
    prejudice no party. The Board waives the 200-signature requirement found in 35 Ill. Adm. Code
    102.202(f).
    2
    The Board appreciates CBE’s early submission of the complete text of its proposal, rather
    than waiting until commencement of the hearing process in R01-27. However, CBE’s petition
    does not contain two items required by the Board’s procedural rules. The petition does not
    discuss the applicable factors listed in Section 27(a) of the Act, and does not contain a written
    statement or certification that the proposal amends the most recent version of the SRP rules as
    published on the Board’s web site or as obtained from the Clerk. See 35 Ill. Adm. Code
    102.202(b) and (h). Pursuant to Section 27(a) of the Act, the Board
    shall take into account the existing physical conditions, the character of the area
    involved, including the character of the surrounding land uses, zoning
    classifications, the nature of the existing air quality, or receiving body of water, as
    the case may be and the technical feasibility and economic reasonableness of
    measuring or reducing the particular type of pollution. 415 ILCS 5/27(a) (1998).
    While the Board would ordinarily require the filing of an amended petition to cure
    deficiencies prior to accepting a proposal for hearing, the Board will accept this proposal for
    hearing today. The Board finds that the issues raised in both R01-27 and R01-29 can be
    expeditiously addressed at the same time, and thus will consolidate these rulemakings for the
    purpose of hearing.
    Although the Board’s acceptance of the proposal today will facilitate the scheduling of
    hearings, CBE must still file a complete petition. The Board orders Citizens for a Better
    Environment to file, no later than February 16, 2001, a supplement to their petition that: (1)
    discusses the applicable factors listed in Section 27(a) of the Act; and (2) contains a written
    statement or certification that the proposal amends the most recent version of the SRP as
    published on the Board’s web site or as obtained from the Clerk.
    IT IS SO ORDERED.
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, hereby certify that the
    above order was adopted on the 1st day of February 2001 by a vote of 6-0.
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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