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September 21,
1995
IN THE MATTER OF:
)
ILLINOIS CAST METALS ASSOCIATION’
)
PROPOSED AMENDMENT FOR
)
EXISTING LANDFILLS ACCEPTING
)
R96-3
POTENTIALLY USABLE STEEL OR FOUNDRY
)
(Rulemaking
-
Land)
INDUSTRY WASTE:
35 ILL.
ADM. CODE
)
814.902
(STANDARDS FOR OPERATION
)
AND
CLOSURE).
)
ORDER OF THE BOARD
(by C.A. Manning):
On September
6, 1995 the Illinois Cast Metals Association
(ICMA) filed a proposal seeking to amend Section 814.902 of the
landfill regulations, Standards for Operation and Closure. ICMA
was one of the proponents in R90-26(b) wherein the Board adopted
the provisions ICMA now seeks to amend.
At this
time,
ICNA
proposes an exemption process from the regulatory requirement
that no part of unit be located within a recharge zone or within
1200 feet of a stratigraphic unit containing Class I or Class III
groundwater.
(See Section 817.309(b).) The ICMA seeks to add
amendatory language to Section 814.902 allowing the Agency to
grant the exemption upon a demonstration that the unit will not
impact existing or potential potable water supply wells located
downgradient of the unit.
The Board finds that the petition meets the minimum
requirements of 35 Ill. Adm. Code 102.160(a), and accordingly
accepts the matter for hearing.
We hereby direct the hearing
officer assigned to this matter to schedule hearings as required
pursuant to Title VII the Environmental Protection Act
(415 ILCS
5/26 et
seq.);
however due to the brevity of the petition1, the
hearing officer order will also establish a schedule for pre-
filed testimony.
Additionally, the proponent has filed a motion to waive 35
Ill.
Adm. Code 102.121(h), which requires any regulatory proposal
to be accompanied by a petition signed by 200 persons.
The Board
hereby grants the motion to waive the 200—signature requirement.
IT IS SO ORDERED.
1The petition attaches no technical support documents nor does it
reference any technical basis for seeking a rule change.
Additionally, the
petition merely contains a one paragraph synopsis of testimony.
I, Dorothy N.
Gunn,
Clerk of the Illinois Pollution Control
Board,, hereby certiV that the above order was adopted on the
~f
day of
________________,
1995,
by a vote of
7—0
Li,
)~
Dorothy M.JGunn, Clerk
Illinois~r~ollutionControl Board