RECEIVED
CLERK’SOFFICE
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
IN THE MATTER OF:
SITE REMEDIATION PROGRAM:
AMENDMENTS TO 35
ILL. ADM. CODE
740
MAY
2
5
2001
STATE OF IWNOIS
Pollution
Control Board
)
)
)
RO1-27
)
(Rulemaking
-
Land)
)
IN THE MATTER OF:
)
)
SITE REMEDIATION PROGRAM:
PROPOSED
35
ILL. ADM. CODE
740.SUBPART H (SCHOOLS, PUBLIC
PARKS, AND PLAYGROUNDS)
)
ROl-29
)
(Rulemaking
-
Land)
)
(Consolidated)
)
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, Illinois 60601
(VIA FEDERAL EXPRESS)
Bobb A. Beauchamp, Esq.
Hearing Officer
Illinois Pollution
Control Board
James R. Thompson Center
100 West Randolph Street
Suite 11-500
Chicago, Illinois 60601
(VIA FEDERAL EXPRESS)
(PERSONS ON ATTACHED SERVICE
LIST)
(VIA FIRST CLASS MAIL)
PLEASE TAKENOTICE that I have filed today with the Clerk ofthe Illinois
Pollution Control Board an original and nine copies ofa
MOTION FOR LEAVE TO
THIS
FILING SUBMITTED
ON RECYCLED PAPER
FILE
INSTANTER
and
POST-HEARING COMMENTS OF THE ILLINOIS
ENVIRONMENTAL REGULATORY GROUP,
copies ofwhich are herewith served
upon you.
Respectfully submitted,
ILLINOIS ENVIRONMENTAL
REGULATORY GROUP,
One of Its Attorneys
Dated: May 24, 2001
Katherine D. Hodge
HODGE & DWYER
3150 Roland Avenue
Post Office Box
5776
Springfield, Illinois 62705-5776
(217) 523-4900
Karen L. Bernoteit
Illinois Environmental
Regulatory Group
215 East Adams Street
Springfield, Illinois 62701
(217) 522-5512
THIS FILING SUBMITTED ON RECYCLED PAPER
RECEIVED
CLERK’S OFFICE
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
MAY
2
5
2001
IN THE
MATTER
OF:
)
STATE OF IWNOIS
Pollution Control
Board
SITE REMEDIATION PROGRAM:
)
RO1-27
AMENDMENTS TO 35 ILL. ADM. CODE
)
(Rulemaking
-
Land)
740
)
IN THE MATTER OF:
)
)
SITE REMLDIATION PROGRAM:
)
ROl-29
PROPOSED 35 ILL. ADM. CODE
)
(Rulemaking
-
Land)
740.SUBPART H (SCHOOLS, PUBLIC
)
(Consolidated)
PARKS, AND PLAYGROUNDS)
)
MOTION FOR LEAVE TO FILE INSTANTER
NOW COMES the ILLINOIS ENVIRONMENTAL REGULATORY GROUP
(“IERG”),by one if its attorneys, Karen L. Bernoteit, and respectfully seeks leave from
the Illinois Pollution Control Board (Board) to file INSTANTER the attached Post-
Hearing Comments ofthe Illinois Environmental Regulatory Group (“IERG”)in the
above-referenced proceedings.
In support ofits request, IERG states as follows:
Due to
other pressing concerns, IERG was not able to complete its research until
recently regarding the impact on IERG member companies ofIllinois EPA’sproposal to
require the use of an accredited laboratory for the purposes ofthe Site Remediation
Program.
Because this issue was discussed extensively during the April 4,2001 public
hearing, IERG believes it is important to include its position on this
issue in its Post-
Hearing Comments.
Further, IERG has been involved in meeting with the Citizens
for a
Better Environment (CBE) to revise its proposal to require community relations plans.
IERG has received numerous different revisions to the proposal after the close ofthe
comment period, including the most recent revisions, which were not received until
1
May 3, 2001.
IERG’sreview of these most recent revisions necessitates these comments.
The inclusion ofIERG’s Post-HearingComments in the record ofthe above proceedings
will present a more complete record for the Board’s consideration.
WHEREFORE, IERG respectfully requests that the Board grant IERG’s Motion
in this matter.
Respectfully submitted,
ILLINOIS ENVIRONMENTAL
REGULATORY GROUP,
By:~
&Ut/~Z
Karen L. I~rnoteit~
Dated: May 24, 2001
Karen L.
Bernoteit
ILLINOIS ENVIRONMENTAL REGULATORY GROUP
215
E. Adams Street
Springfield,
IL 62701
217/522-5512
2
RECEIVED
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
MAY
2 5 2001
IN THE MATTER OF:
)
)
STATE OF IUJNOIS
SITE REMEDIATION PROGRAM:
)
ROl-27
Pollution
Control Board
AMENDMENTS TO 35
ILL. ADM. CODE
)
(Rulemaking
-
Land)
740
)
IN THE MATTER OF:
)
)
SITE REMEDIATION PROGRAM:
)
RO1-29
PROPOSED 35 ILL. ADM. CODE
)
(Rulemaking
-
Land)
740.SUBPART H (SCHOOLS, PUBLIC
)
(Consolidated)
PARKS, AND PLAYGROUNDS)
)
POST-HEARING COMMENTS OF THE ILLINOIS ENVIRONMENTAL
REGULATORY GROUP
NOW COMES the ILLINOIS ENVIRONMENTAL REGULATORY GROUP
(“IERG”),by one if its attorneys, Karen L.
Bernoteit, and for its Post-Hearing Comments
in the above-titled matters, states as follows:
IERG submits the following Post-Hearing Comments
to supplement its testimony
presented by Harry Walton and any comments made as part of its participation at the
Apr11 4, 2001 public hearing.
IERG has had an opportunity to research the impact ofthe Illinois EPA’s
proposed requirement in 35 Ill. Admin. Code 740.4
15(d)(6)
that only a certified
laboratory be used for the purpose ofthe SRP program after July
1, 2002.
After polling
its member companies about whether this requirement would pose any problems, IERG
would like to
clarify that it supports this proposed requirement and believes that it would
help ensure that accurate datais
available to the Illinois EPA to implement an effective
SRP program.
1
In addition, IERG would like to reiterate its support ofthe concept ofthe
community relations plan (CRP) requirement proposed as part of RO1-29. While IERG
supports the concept ofCRP as proposed by Citizens for a Better Environment (CBE), it
is
also importantto the regulated community that the proposed amendments, docketed as
ROl-27, move forward as expeditiously as possible and not be
delayed due to the
-
development ofthe proposal docketed as RO1-29.
Currently, it is uncertain whether Senate Bill 1180, that relates to the same topic
as ROl -29, will be signed into law and, if so, when this will occur.
SB
1180 is related to
CBE’s proposed CRP requirements in that it applies to schools and prohibits the
construction ofa building
intended for use as a school that
is enrolled in the Site
Remediation Program, unless
a remedial action plan (RAP) is approved by the Illinois
EPA, if a RAP is required by Board regulations. In addition, SB
1180 prohibits a person
from causing or allowing a person to occupy a building that will be used as s school for
which a RAP is required by Board regulations, unless all work requiredby the RAP is
completed. The CBE’sproposal contains a requirement in proposed Section 740.805 that
pertains to the timing ofwhen a site enrolled in the Site Remediation Program,
intended
for fu.ture use as a school, can be made available
for use by the general public.
There is
the possibility that the development ofthe CRP proposal contained in ROl-29 will be
delayed to ensure that it is consistent with the intent ofSB 1180, if the bill
is signed into
law.
There are elements ofthe proposal docketed as RO 1-27, such as the soil
management zone, that are extremely important to the regulated community and, as such,
the timing ofa first notice should not be affected by possible delays in adopting the
2
proposed CRP contained in ROl-29.
IERG urges the Board to sever the dockets of ROl-
27 and ROl-29 so that the adoption ofthe proposal docketed as RO1-27 is not impacted
by any possible delays associated with RO1-29.
IERG urges the Board to act consistent with the comments and testimony
presented by IERG during its participation in the April 4,
2001
public hearing and its
Post-Hearing Comments filed today.
Respectfully submitted,
ILLINOIS ENVIRONMENTAL
REGULATORY G UP,
Karen L.
ernoteit
Dated: May 24, 2001
Karen L. Bernoteit
ILLINOIS ENVIRONMENTAL REGULATORY GROUP
215 E. Adams Street
Springfield,
IL 62701
217/522-5512
3
CERTIFICATE OF SERVICE
I, Karen L. Bernoteit, the undersigned, certif~r that I have served a copy ofthe
attached MOTION FOR LEAVE TO FILE INSTANTER and POST-HEARiNG
COMMENTS
OF THE ILLINOIS ENVIRONMENTAL REGULATORY GROUP upon:
Ms.
Dorothy M. Gunn
Bobb A. Beauchamp, Esq
Clerk of the Board Hearing Officer
Illinois Pollution Control Board Illinois Pollution Control Board
James R. Thompson Center James R.
Thompson Center
100 West Randolph Street
100 West Randolph Street
Suite 11-500
Suite 11-500
Chicago, Illinois 60601
Chicago, Illinois 60601
SEE ATTACHED SERVICE LIST.
by depositing said documents in the Unlted States Mail in
Springfield, Illinois, or Federal
Express as indicated, on May 24, 2001.
Kar n L. Bemoteit
THIS FILING
SUBMITTED ON RECYCLED PAPER
SERVICE LIST
Lynn
Crivello
OSA
125 S Clark Street
17th Floor
Chicago
IL 60603
Katherine
D.
Hodge
Hodge
& Dwyer
P a
Box 5776
Springfield, IL 62705-5776
Erin
Curley
Midwest Engineering Services,
Inc.
4243W 166th St
Oak
Forest,
IL 60452
William G.
Dickett
Sidley & Austin
10 5 Dearborn Ste
5200
Chicago, IL 60603
Stephen
Kirschner
Advanced GeoServices
Corp.
Route 202 & I
Brandywine One Ste
202
Chadds
Ford, IL 19317
Robert T. Lawley
Chief Legal Counsel
Department of Natural Resources
524 5. Second Street
Springfield,
IL 62701 -1 787
William G. ‘Dixon,Jr.
Practical Environmental Consultants
919
N Plum Grove
Rd
Ste
H
Schaumburg, IL 60173
Matthew J. Dunn
Chief
Office of the Attorney General
Center, 100W. Randolph,
12th Floor
Chicago,
IL 60601
Juan
Fencill
Chicago Park District
425 E McFetridge
Chicago, 1L60605
Steve
Gobelman
DOT
Bureau of Design
&
Env.
2300 Dirksen Parkway Rm 330
Springfield, IL 62764
Daniel J. Goodwin
Goodwin Environmental Consultants
400 Bruns
Lane
Springfield, IL 62702
Holly
Gordon, Esq.
Chicago Legal
Clinic
205 W Monroe Street 4th Floor
Chicago, IL 60606
Holly
D.
Harley
Esq
Chicago Legal Clinic
205 W Monroe St 4th FL
Chicago, IL 60606
Brent
Manning
Director
Department of Natural Resources
524 5 Second St
Springfield, IL 62701
John
Mital
Rapps Engineering & Applied Science
821 5 Durkin Dr
Springfield, IL 62704
Monte
Nienkerk
Clayton Environmental Consultants
3140
Finley
Rd
Downers Grove,
IL 60515
Stefan A. Noe
Citizens for a Better Environment
205 W Monroe St 4th FL
Chicago,
IL 60606
Jeryl
Olson
Seyfarth,
Shaw,
Fairweather & Geraldson
55 E. Monroe
Ste 4300
Chicago,
IL 60603
Karen Prena
Mayer, Brown & Platt
290 5 LaSalle St Ste
3900
Chicago, IL 60603
Michael
W.
Rapps
P.E.
Rapps Engineering & Applied Science
821 5.
Durkin
Dr.
Springfield, IL 62704
SERVICE LIST
John
Reimann
INDECK
600 N
Buffalo Grove Rd
Ste 300
Buffalo Grove,
IL 60089
David
L.
Rieser
Ross & Hardies
150 N.
Michigan Ave.
Ste. 2500
Chicago,
IL
60601
Jim
Ryan
Office of the Attorney General
100 W Randolph
Chicago,
IL 60601
Ala E.
Sassila
Carnow, Conibear & Associated, Ltd.
333 WWacker Dr Ste
1400
Chicago,
IL 60606
Thomas
V. Skinner
Director
IL Environmental Protection Agency
1021
N.
Grand Ave. East P0
Box 19276
Springfield,
IL 62794-9276
Wayne
Smith
P.G.
Pioneer Environmental,
Inc.
1000
N Halsted
Ste
Ste 202
Chicago, IL 60622
Georgia
Vlahos
U.S.
Navy
2601A Paul
Jones Street
Great
Lakes, IL 60088-2845
Mark
Wight
Assistant Counsel
IL Environmental Protection Agency
1021
N.
Grand Ave.
East P 0 Box 19276
Springfield,
IL 62794-9276
